Requisitioned Land and War Works Act 1945

24 Power of owners, and c, to require removal of telegraphic lines.

Subject to the provisions of the next succeeding section, at any time after the Telegraph Acts, 1863 to 1943, have become applicable to a telegraphic line in pursuance of the last preceding section, any person whose consent would, if the line were then to be constructed, be required under the said Acts to the construction thereof, may, by notice in writing, require the Postmaster General to remove the line not later than three months from the date of the service of the notice and, unless that person consents to the withdrawal of the notice, the Postmaster General shall remove the line accordingly:

Provided that if, within the said three months, the Postmaster General serves a notice on that person requiring him so to consent—

(a) a difference shall be deemed to have arisen between the Postmaster General and that person; and

(b) the provisions of sections three, four and five of the [41 & 42 Vict. c. 76.] Telegraph Act, 1878, and of section one of the [6 & 7 Geo. 5. c. 40.] Telegraph (Construction) Act, 1916 (which provide for the determination of differences as to the placing of telegraphs, posts and telegraphic lines), shall, with any necessary adaptations, apply as if it were a difference arising under the first-mentioned Act, and as if the references in the said provisions' to consent to the placing of telegraphs or posts or a telegraphic line were references to consent to the withdrawal of the notice; and

(c) the Postmaster General shall not be bound to remove the line until three months from the final determination of any proceedings taken under or by virtue of the said provisions,

and for the purposes of this proviso, proceedings shall not be deemed to be finally determined until the time allowed for appealing has expired or, where an appeal is brought, until the appeal is itself finally determined.