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Channel Tunnel Act 1987

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This is the original version (as it was originally enacted).

6(1)Subject to sub-paragraphs (2) and (3) below, if, by reason or in consequence of the construction of any of the works authorised by this Act or any subsidence resulting from any of those works, any damage to any telecommunication apparatus kept installed for the purposes of a telecommunications code system (other than apparatus the repair of which is not reasonably necessary in view of its intended removal), or any interruption in the service provided by that telecommunications system, shall be caused, the appropriate authority shall bear and pay the cost reasonably incurred by the telecommunications operator of that system in making good such damage or restoring that service and shall—

(a)make reasonable compensation to the operator for loss sustained by it; and

(b)indemnify the operator against claims, demands, proceedings, costs, damages and expenses which may be made, or taken against, or recovered from, or incurred by, the operator;

by reason or in consequence of any such damage or interruption.

(2)Nothing in sub-paragraph (1) above shall impose any liability on the appropriate authority with respect to any damage or interruption affecting any telecommunications code system to the extent that such damage or interruption is attributable to the act, neglect or default of the operator of that system, its officers, servants, contractors or agents.

(3)The operator shall give to the appropriate authority reasonable notice of any claim or demand as aforesaid and no settlement or compromise thereof shall be made without the prior consent of the appropriate authority.

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