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Telecommunications Act 1984, Section 97 is up to date with all changes known to be in force on or before 31 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F1(1)Where a local authority consider that it would be for the benefit of the whole or any part of their area that—
(a)any additional telecommunication facilities should be provided; or
(b)any existing telecommunication facilities should continue to be provided,
by a public telecommunications operator, whether within or outside the area to be benefited, the authority may undertake to pay to that operator any loss he may sustain by reason of the provision or continued provision of those facilities.
(2)In the application of this section to Scotland, nothing in subsection (1) above shall authorise the giving of an undertaking as respects the provision or continued provision of facilities outside the area to be benefited.
(3)In this section “local authority”—
(a)in relation to England F2. . ., means a county council, F3, a district council, a London borough council, the Common Council of the City of London [F4or], a parish council F5. . .;
[F6(aa)in relation to Wales, means a county council, a county borough council or a community council;]
(b)in relation to Scotland, means a [F7council constituted under section 2 of the Local Government etc. (Scotland) Act 1994];
(c)in relation to Northern Ireland, means a district council.]
Textual Amendments
F1S. 97 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 398(4)(b), 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)
F2Words in s. 97(3)(a) repealed (1.4.1996) by 1994 c. 19, s. 66(6)(8), Sch. 16 para. 72(a), Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
F3Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102(2)(3), Sch. 17
F4Word in s. 97(3)(a) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 72(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
F5Words in s. 97(3)(a) repealed (1.4.1996) by 1994 c. 19, s. 66(6)(8), Sch. 16 para. 72(a), Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
F6S. 97(3)(aa) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 72(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
F7Words in s. 97(3)(b) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 133(2); S.I. 1996/323, art. 4(b)(c)
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