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(1)Where a shelter or other accommodation is provided by a local authority under section four of this Act in a position obstructing access to any [F1telecommunication apparatus kept installed for the purposes of a telecommunications code system and the operator of that system notifies the local authority that he requires to obtain access to the apparatus, the authority shall, unless they temporarily remove the shelter or accommodation for the purpose of affording such access or so much thereof as is necessary for that purpose, be liable to repay to the operator so much of the expenses reasonably incurred by him in obtaining] such access as is attributable to the situation of the shelter or accommodation.
(2)The provisions of the foregoing subsection shall apply in relation to any sewers, pipe-subways, pipes, wires or other apparatus belonging to or maintained by any local authority or any gas, electricity, water, hydraulic power, tramcar or trolley vehicle undertakers, as they apply in relation to any such [F2telecommunication apparatus as is therein mentioned, and as if for any reference therein to the operator of the system in question there were] substituted a reference to the local authority or the undertakers, as the case may be.
(3)Any dispute as to the amount (if any) payable by a local authority under the foregoing provisions of this section shall be determined in accordance with subsection (2) of section two hundred and seventy-eight of the M1Public Health Act, 1936.
Textual Amendments
F1Words substituted by Telecommunications Act 1984 (c. 12, SIF 96), s. 109(1), Sch. 4 para. 31(a), s. 109(1), Sch. 5 para. 45
F2Words substituted by Telecommunications Act 1984 (c. 12, SIF 96), s. 109(1), Sch. 4 para. 31(b), Sch. 5 para. 45
Modifications etc. (not altering text)
C1S. 6 extended by Parish Councils Act 1957 (c. 42), s. 5(4); amended by Post Office Act 1969 (c. 48), s. 76, Sch. 4 para. 54
C2S. 6 applied with modifications by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 58(4)(5)
C3S. 6 amended by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 2(5)(a), (9), Sch. 17 paras. 33, 35(1)
C4S. 6(2) amended by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 20, Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58
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