Telecommunications Act 1984

Contents

Part I · Introductory

1The Director General of Telecommunications.#

(1)The Secretary of State shall appoint an officer to be known as the Director General of Telecommunications (in this Act referred to as “the Director”) for the purpose of performing the functions assigned or transferred to the Director by or under this Act.

(2)An appointment of a person to hold office as the Director shall not be for a term exceeding five years; but previous appointment to that office shall not affect eligibility for re-appointment.

(3)The Director may at any time resign his office as the Director by notice in writing addressed to the Secretary of State; and the Secretary of State may remove any person from that office on the ground of incapacity or misbehaviour.

(4)Subject to subsections (2) and (3) above, the Director shall hold and vacate office as such in accordance with the terms of his appointment.

(5)The Director may appoint such staff as he may think fit, subject to the approval of the Treasury as to numbers and as to terms and conditions of service.

(6)There shall be paid out of money provided by Parliament the remuneration of, and any travelling or other allowances payable under this Act to, the Director and any staff of the Director, any sums payable under this Act to or in respect of the Director and any expenses duly incurred by the Director or by any of his staff in consequence of the provisions of—

(7)The provisions of Schedule 1 to this Act shall have effect with respect to the Director.

(a)this Act;

(b)the Telecommunications (Open Network Provision) (Voice Telephony) Regulations 1998; or

(c)the Telecommunications (Data Protection and Privacy) Regulations 1999.

2Abolition of British Telecommunications’ exclusive privilege.#

3General duties of Secretary of State and Director.#

4Meaning of “telecommunication system” and related expressions.#

Part II · Provision of Telecommunication Services

Appeals

46BAppeals#

Offences

42Fraudulent use of telecommunication system.#

42APossession or supply of anything for fraudulent purpose in connection with use of telecommunication system.#

43Improper use of public telecommunication system.#

44Modification etc. of messages.#

45Disclosure of messages etc.#

46Assaults etc. on persons engaged in the business of public telecommunications operator.#

Regulations

46APowers to make regulations.#

Acquisition etc. of land by public telecommunications operators

34Compulsory purchase of land in England and Wales.#

35Compulsory purchase of land in Scotland.#

36Compulsory purchase of land in Northern Ireland.#

37Entry, for exploratory purposes, on land in England and Wales.#

38Entry, for exploratory purposes, on land in Scotland.#

39Entry, for exploratory purposes, on land in Northern Ireland.#

40Acquisition of land by agreement.#

41Purchase of Duchy of Lancaster land.#

Approvals etc. for the purposes of licences

20Approval of contractors.#

21Register of approved contractors.#

22Approval etc. of apparatus.#

23Register of approved apparatus etc.#

24Approval etc. of meters.#

25Delegation of functions under sections 22 and 24.#

26Grants and loans to persons exercising certain functions.#

27Recognition of bodies representing consumers etc.#

Enforcement of licences

16Securing compliance with licence conditions.#

17Procedural requirements.#

18Validity and effect of orders.#

19Register of licences and orders.#

Licensing etc. of telecommunication systems

5Prohibition on running unlicensed systems.#

6Exceptions to section 5.#

7Power to license systems.#

7ALicensing procedures#

8Special provisions applicable to certain licences.#

9Public telecommunication systems.#

10The telecommunications code.#

11Provisions supplementary to section 10.#

Marking etc. of telecommunication apparatus

28Information etc. to be marked on or to accompany telecommunication apparatus.#

29Information etc. to be given in advertisements.#

30Enforcement provisions.#

Modification of licences

12Modification of licence conditions by agreement.#

12AAgreement required for the purposes of section 12.#

13Licence modification references to Commission.#

13AReferences under section 13: time limits#

13BReferences under section 13: powers of investigation#

14Reports on licence modification references.#

15Modification of licence conditions following report.#

Rating of telecommunications operators

31Rating in England and Wales.#

(1)In Schedule 3 to the ^noteLocal Government Act 1974 (hereditaments to which section 19(1) of that Act applies) for paragraph 5A (hereditaments occupied by British Telecommunications by certain property used for the purposes of telecommunication services) there shall be substituted the following paragraph—“5A Any hereditament occupied by a telecommunications operator (within the meaning of the Telecommunications Act 1984) by any such property as follows, namely, posts, wires, underground cables and ducts, telephone kiosks and other equipment being property used for the purpose of providing telecommunication services.”

(2)Where an order made under the said section 19 applies to hereditaments occupied by a telecommunications operator by any such property as aforesaid, that operator shall be treated, for the purposes of the law relating to rating, as not being a public utility undertaking.

(3)This section extends to England and Wales only.

32Rating in Scotland.#

(1)In paragraph 5 of Schedule 1 to the ^noteLocal Government (Scotland) Act 1975 (lands and heritages to which section 6(1) of that Act applies and occupied by British Telecommunications by certain property used for the purposes of telecommunication services)—

(a)for the words “British Telecommunications” there shall be substituted the words “ a telecommunications operator (within the meaning of the Telecommunications Act 1984) ”; and

(b)for the words from “not within” to “purposes of” there shall be substituted the words “ , being property used for the purpose of providing ”.

(2)This section extends to Scotland only.

33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Standards of performance

27AStandards of performance in individual cases.#

27BOverall standards of performance.#

27CInformation with respect to levels of performance.#

27DInformation to be given to customers about overall performance.#

27EProcedures for dealing with complaints.#

27FDisputes about discrimination etc. in fixing charges.#

27GBilling disputes.#

27HDeposits.#

27IComplaints about deposits.#

27JDisconnections.#

27KEnforcement of standards of performance, etc.#

27LDefinitions for sections 27A to 27K.#

Part III · Other Functions of Director

47General functions.#

48Publication of information and advice.#

49Investigation of complaints.#

50Functions under 1973 and 1980 Acts.#

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

(2A)In paragraph (2), “state pension credit” means state pension credit under the State Pension Credit Act (Northern Ireland) 2002.

(2B)The maximum a person may specify under paragraph (2) in respect of each employment for which he makes such an election is 50 per cent of the remuneration of that employment or an amount equal to 50 per cent of the remuneration of that employment.

(3)

(a)

(b)

(3A)If a member dies before repayment of contributions have been made, these shall be treated as a lump sum death benefit for the purposes of section 168 of the Finance Act 2004.

(4)

(4A)In paragraph (4), “net weekly income” has the same meaning as in the Maintenance Calculations and Special Cases Regulations.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

(6)

(a)

(b)

(6A)A credited period arising from a request to accept a transfer value under regulation 124 which is made by a person who was an active member before 1st April 2008 shall be treated as a period of membership before that date.

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

51Co-ordination of functions under Part II and wireless telegraphy functions.#

52Power to give assistance in relation to certain proceedings.#

53Power to require information etc.#

54Power to establish advisory bodies.#

^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

55Annual and other reports.#

(1)The Director shall, as soon as practicable after the end of the year 1984 and of each subsequent calendar year, make to the Secretary of State a report on—

(a)his activities during that year; and

(b)the Commission’s activities during that year so far as relating to references made by him.

(2)Every such report shall include—

(a)a general survey of developments, during the year to which it relates, in respect of matters falling within the scope of the Director’s functions (including, in particular, those affecting small businesses or persons who are disabled or of pensionable age); and

(b)the reports which the advisory bodies established under section 54(1) or (4) above make to him on their activities during that year.

(3)The Secretary of State shall lay a copy of every report made by the Director under subsection (1) above before each House of Parliament, and shall arrange for every such report to be published in such manner as he may consider appropriate.

(4)The Director may also prepare such other reports as appear to him to be expedient with respect to such matters as are mentioned in subsection (2) above and may arrange for any such report to be published in such manner as he may consider appropriate.

(5)In making any report under this section the Director shall have regard to the need for excluding, so far as that is practicable, the matters specified in section 48(2)(a) and (b) above.

Part IV · . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

56–59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .#

Part V · Transfer of Undertaking of British Telecommunications

Miscellaneous and supplemental

70Application of law in relation to offer of shares or debentures of the successor company.#

71Application of Trustee Investments Act 1961 in relation to investment in the successor company.#

72Tax provisions.#

(1)Subject to subsection (2) below and paragraph 39 of Schedule 5 to this Act, the successor company shall be treated for all purposes of corporation tax and development land tax as if it were the same person as British Telecommunications.

(2)

(3)Where, in the discharge of any liability which is vested in the successor company by this Act, the successor company makes payments—

(a)to an occupational pension scheme,

(b)with a view to the provision of benefits authorised under Chapter 3 of Part 4 of the Finance Act 2004, and

(c)for persons who are employees of the Post Office,

the Taxes Acts shall have effect in relation to those payments as if those persons were employees of the successor company and in this subsection expressions which are used in Part 4 of the Finance Act 2004 have the same meanings as in that Part.

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

73Interpretation of Part V.#

Vesting of property etc. of British Telecommunications in a company nominated by the Secretary of State

60Vesting of property etc. of British Telecommunications in a company nominated by the Secretary of State.#

61Initial Government holding in the successor company.#

(1)

(a)

(b)

(2)

(3)

(4)

(a)

(b)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

62Conversion of certain loans transferred to the successor company.#

63Government investment in securities of the successor company.#

(1)

(a)

(b)

(2)

(3)

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

64Exercise of Secretary of State’s functions through nominees.#

65Target investment limit for Government shareholding.#

66Financial structure of the successor company.#

67Temporary restrictions on successor company’s borrowings etc.#

68Liability of Secretary of State in respect of liabilities vesting in successor company.#

(1)This section applies where—

(a)a resolution has been passed, in accordance with the Insolvency Act 1986, for the voluntary winding up of the successor company, otherwise than merely for the purpose of reconstruction or amalgamation with another company; or

(b)without any such resolution having been passed beforehand, an order has been made for the winding up of the successor company by the court under that Act.

(2)The Secretary of State shall become liable on the commencement of the winding up to discharge any outstanding liability of the successor company for the payment of pensions which vested in that company by virtue of section 60 above.

(3)Any sums required by the Secretary of State for discharging any liability imposed on him by this section shall be paid out of money provided by Parliament.

(4)Where the Secretary of State makes a payment to any person in discharge of what appears to him to be a liability imposed on him by this section, he shall thereupon become a creditor of the successor company to the extent of the amount paid, his claim being treated for the purposes of the winding up as a claim in respect of the original liability.

(5)Any sums received by the Secretary of State in respect of any claim made by virtue of subsection (4) above in the winding up of the successor company shall be paid into the Consolidated Fund.

(6)The reference in subsection (2) above to the commencement of the winding up is a reference—

(a)in a case within subsection (1)(a) above, to the passing of the resolution; and

(b)in a case within subsection (1)(b) above, to the making of the order.

69Dissolution of British Telecommunications.#

Part VI

Approvals

84Approval of wireless telegraphy apparatus etc.#

(1)Where any of the following instruments, namely—

(a)any licence granted under section 1 of the 1949 Act (licensing of wireless telegraphy),

(b)any regulations made under that section,

(c)any regulations made under section 10 of that Act (regulations as to radiation of electro-magnetic energy etc.),

(d)any order made under section 7 of the 1967 Act (restriction on dealings in and custody of certain apparatus), or

(e)any authority given for the purposes of that section,

contains any provision which is framed by reference to relevant apparatus for the time being approved under this section for the purposes of that instrument, such apparatus may be approved for those purposes by the relevant authority.

(2)A person applying for an approval under this section may be required by the relevant authority to comply with such requirements as the relevant authority may think appropriate; and those requirements may include a requirement to satisfy some other person with respect to any matter.

(3)An approval under this section may apply either to particular apparatus or to any apparatus of a description specified in the approval, and may so apply either for the purposes of a particular instrument falling within any of paragraphs (a) to (e) of subsection (1) above or for the purposes of instruments falling within any of those paragraphs of a description so specified.

(4)An approval under this section may specify conditions which must be complied with if the approval is to apply, for any purposes specified in the approval, to any apparatus which is so specified or is of a description so specified, and any such condition may impose on the person to whom the approval is given a requirement from time to time to satisfy any person with respect to any matter.

(5)The relevant authority may at any time vary or withdraw any approval given by the relevant authority under this section.

(6)A person appointed by the relevant authority may exercise any function conferred on the relevant authority by the preceding provisions of this section to such extent and subject to such conditions as may be specified in the appointment.

(7)The relevant authority may by order provide for the charging of fees in respect of the exercise of any function in pursuance of this section by or on behalf of the relevant authority; and an appointment under subsection (6) above may authorise the person appointed to retain any fees received by him in pursuance of any such order.

(8)Nothing in subsection (7) above shall preclude a person (not being the relevant authority or a person acting on the relevant authority's behalf) by whom any matter falls to be determined for the purposes of any requirement imposed in pursuance of subsection (2) or (4) above from charging any fee in respect of the carrying out of any test or other assessment made by him.

(8A)Subject to subsection (8B), in this section “the relevant authority” means—

(a)in such cases as may be specified in an order made by the Secretary of State, the Secretary of State; and

(b)in any other case, OFCOM.

(8B)Where an application for the purposes of this section is made to the Secretary of State or OFCOM and it appears to the person to whom it is made that it should have been made to the other—

(a)that person shall refer the application to the other; and

(b)the application shall be proceeded with as if made to the person to whom it is referred.

(9)Any sums received by the Secretary of State under this section shall be paid into the Consolidated Fund.

Amendment and enforcement of Wireless Telegraphy Acts

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75Alteration of penalties and mode of trial for certain offences under the 1949 Act.#

(1)The following offences under the 1949 Act shall be triable on indictment as well as summarily, that is to say—

(a)any offence under section 5(a) of that Act (sending false or misleading messages likely to prejudice the efficiency of any safety of life service, etc.); and

(b)any offence under section 13 of that Act (using any apparatus for the purpose of interfering with wireless telegraphy).

(2)Schedule 3 to this Act shall have effect for the purpose of—

(a)incorporating the amendment made by subsection (1) above and certain other amendments made as respects Great Britain by the ^noteCriminal Justice Act 1982 in the text of section 14 of the 1949 Act (which gives the penalties for offences under that Act) as that section has effect both in Great Britain and in Northern Ireland; and

(b)making certain other amendments of that section as it so has effect;

and for other connected purposes.

(3)Nothing in this section or in any provision of Schedule 3 to this Act—

(a)shall affect the mode of trial in proceedings for an offence commenced before the date on which this section comes into force; or

(b)shall render a person liable in respect of an offence committed before that date to a punishment more severe than the punishment applicable in the case of that offence immediately before that date;

but except as provided above in this subsection the provisions of section 14 of the 1949 Act, as amended by Schedule 3 to this Act and by section 82 below, shall have effect in relation to any conviction on or after that date of an offence under that Act.

76Arrest without warrant for certain offences under the 1949 Act.#

(1)This section applies to—

(a)any indictable offence under the 1949 Act; and

(b)any offence under section 1(1) of that Act other than one consisting in the installation or use, otherwise than under and in accordance with a wireless telegraphy licence, of any apparatus not designed or adapted for emission (as opposed to reception).

(2)A constable may arrest without warrant a person who has committed, or whom the constable with reasonable cause suspects to have committed, an offence to which this section applies, if the name and address of that person are unknown to, and cannot be ascertained by, the constable or the constable has reasonable grounds for doubting—

(a)whether a name and address furnished by that person as his name and address are his real name and address; or

(b)whether that person will be at an address furnished by him for a sufficiently long period for it to be possible to serve him with a summons.

(3)The preceding provisions of this section do not apply to Scotland.

(4)This section shall not prejudice any power of arrest conferred by law apart from this section.

77Substitution of new section for section 7 of the 1967 Act.#

(1)The following section shall be substituted for section 7 of the 1967 Act (restriction on manufacture or importation of certain apparatus)—“7 1 This section applies to wireless telegraphy apparatus and to any apparatus designed or adapted for use in connection with wireless telegraphy apparatus.2 Where it appears to the Secretary of State to be expedient to do so for the purpose of preventing or reducing the risk of interference with wireless telegraphy, he may make an order applying restrictions under this section in relation to apparatus to which this section applies of any class or description specified in the order.3 Any of the following actions in relation to any such apparatus is subject to restriction under this section—a manufacture (whether or not for sale);b selling or offering for sale, letting on hire or offering to let on hire, or indicating (whether by display of the apparatus or by any form of advertisement) one’s willingness to sell or let on hire;c having in one’s custody or control; andd importation.4 An order under this section shall specify such of the actions subject to restriction under this section as are restricted by the order in the case of apparatus of any class or description specified in the order.5 Any action for the time being restricted by an order under this section in the case of any apparatus is prohibited by this section—a save with the authority of the Secretary of State and subject to compliance with any terms and conditions attached by the Secretary of State to that authority; orb in the case of action within subsection (3)(c) above, save as mentioned in paragraph (a) above or as otherwise authorised by law apart from this section.6 An authority given by the Secretary of State for the purposes of this section in the case of apparatus of any class or description specified in an order under this section may be limited—a to such of the actions restricted by the order; andb to such subsidiary class or description of apparatus within the class or description specified in the order;as may be specified in the authority.7 Any terms or conditions attached by the Secretary of State to any authority under this section for manufacture or importation may relate to a period after, as well as to the time of, or a period before, the manufacture or importation.8 The Secretary of State’s authority may be given, and any terms or conditions may be attached to it, either generally by means of a notice in the London Gazette or by an instrument in writing issued to each person authorised to do, in relation to apparatus of any class or description to which an order under this section relates, anything for the time being restricted by the order; and any such notice published in the London Gazette shall also be published in the Edinburgh Gazette and the Belfast Gazette.9 The Secretary of State shall not make any order under this section or give any authority for the purposes of this section or attach any term or condition to any such authority, unless the Secretary of State is satisfied that the order, authority, term or condition in question is compatible with the international obligations of the United Kingdom; and where any statutory instrument containing such an order or any notice or instrument in writing giving such an authority or attaching any term or condition to such an authority contains a statement that the Secretary of State is so satisfied, that statement shall be evidence (and, in Scotland, sufficient evidence) of that fact.10 Where the importation of apparatus of any class or description to which this section applies is for the time being restricted by an order under this section, a person commissioned by the Commissioners of Customs and Excise may require any person having custody or control of any apparatus of that class or description which is being or has been imported to furnish proof that the importation of the apparatus is or was not unlawful by virtue of this section; and if such proof is not furnished to the satisfaction of those Commissioners the apparatus shall be deemed, unless the contrary is proved, to be prohibited goods, and shall be liable to forfeiture under the Customs and Excise Management Act 1979.11 Any person who—a takes any action within subsection (3)(a) or (b) above in relation to any apparatus in contravention of subsection (5) above; orb without reasonable excuse has any apparatus in his custody or control in contravention of that subsection; orc contravenes or fails to comply with any terms or conditions attached to any authority given by the Secretary of State for the purposes of this section (whatever the action to which that authority relates);shall, without prejudice to any liability to a penalty which he may have incurred under the Act of 1979 mentioned above, be guilty of an offence under the principal Act.12 For the avoidance of doubt, it is hereby declared that in this section “manufacture” includes construction by any method and the assembly of component parts.”

(2)Any order made under section 7 of the 1967 Act which is in force immediately before this section comes into force shall have effect—

(a)as if made under the new section 7 substituted by subsection (1) above; and

(b)as if it restricted, in the case of wireless telegraphy apparatus of any class or description specified in the order, the actions mentioned in subsection (3)(a) and (d) of the new section;

(and any such order may accordingly be varied or revoked by an order made under the new section).

78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .#

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79Seizure of apparatus and other property used in committing certain offences under the 1949 Act.#

(1)This section applies to—

(a)any indictable offence under the 1949 Act;

(ba)any offence under section 5(b) of that Act;

(bb)any offence under the Marine, &c., Broadcasting (Offences) Act 1967; and

(bza)any offence under section 1A of that Act other than one where the relevant contravention of section 1 of that Act would constitute an offence so consisting;

(c)any offence under section 7 of the 1967 Act.

(2)Where—

(a)a search warrant is granted under section 15(1) of the 1949 Act (entry and search of premises, etc.); and

(b)the suspected offence (or any of the suspected offences) is an offence to which this section applies;

the warrant may authorise any person authorised by OFCOM to exercise the power conferred by this subsection to seize and detain, for the purposes of any relevant proceedings, any apparatus or other thing found in the course of the search carried out in pursuance of the warrant which appears to him ^note. . . to have been used in connection with or to be evidence of the commission of any such offence.

(3)If a constable or any person authorised by OFCOM to exercise the power conferred by this subsection has reasonable grounds to suspect that an offence to which this section applies has been or is being committed, he may seize and detain, for the purposes of any relevant proceedings, any apparatus or other thing which appears to him to have been used in connection with or to be evidence of the commission of any such offence.

(4)Nothing in this section shall prejudice any power to seize or detain property which is exercisable by a constable apart from this section.

(4A)Without prejudice to any power exercisable by him apart from this subsection, a person authorised by OFCOM to exercise any power conferred by this section may use reasonable force, if necessary, in the exercise of that power.

(5)Any person who intentionally obstructs any person in the exercise of the power conferred on him under subsection (3) above shall be guilty of an offence under the 1949 Act.

(6)References in this section to relevant proceedings are references to—

(a)any proceedings for an offence to which this section applies; and

(b)any proceedings for forfeiture under Schedule 7 to the Communications Act 2003 .

80Proceedings in England and Wales or Northern Ireland for forfeiture of restricted apparatus.#

^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

81Proceedings in Scotland for forfeiture of restricted apparatus.#

^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

82Amendments with respect to forfeiture on conviction.#

The following subsections shall be substituted for subsection (3) of section 14 of the 1949 Act (forfeiture of wireless telegraphy apparatus used in commission of certain offences)—“3 Where a person is convicted of—a an offence under this Act consisting in any contravention of any of the provisions of Part I of this Act in relation to any station for wireless telegraphy or any wireless telegraphy apparatus or in the use of any apparatus for the purpose of interfering with any wireless telegraphy; orb any offence under section 12A of this Act; orc any offence under this Act which is an offence under section 7 of the Wireless Telegraphy Act 1967 (whether as originally enacted or as substituted by section 77 of the Telecommunications Act 1984);the court may, in addition to any other penalty, order all or any of the apparatus of the station, or (as the case may be) of the apparatus in connection with which the offence was committed, to be forfeited to the Secretary of State.The power conferred by virtue of paragraph (a) or (c) above does not apply to wireless telegraphy apparatus not designed or adapted for emission (as opposed to reception).3A Without prejudice to the operation of subsection (3) of this section in relation to any other apparatus, where a person is convicted of an offence under this Act involving restricted apparatus, the court shall order the apparatus to be forfeited to the Secretary of State unless the accused or any person claiming to be the owner of or otherwise interested in the apparatus shows cause why the apparatus should not be forfeited.Apparatus is restricted apparatus for the purposes of this subsection if custody or control of apparatus of any class or description to which it belongs is for the time being restricted by an order under section 7 of the Wireless Telegraphy Act 1967.3B Apparatus may be ordered to be forfeited under this section notwithstanding that it is not the property of the person by whom the offence giving rise to the forfeiture was committed, and any apparatus ordered to be forfeited under this section may be disposed of by the Secretary of State in such manner as he thinks fit.3C Subsections (3) to (3B) of this section have effect notwithstanding anything in section 140 of the Magistrates’ Courts Act 1980 or Article 58 of the Magistrates’ Courts (Northern Ireland) Order 1981.3D The court by whom any apparatus is ordered to be forfeited under this section may also order the person by whom the offence giving rise to the forfeiture was committed not to dispose of that apparatus except by delivering it up to the Secretary of State within forty-eight hours of being so required by him.3E If a person against whom an order is made under subsection (3D) of this section contravenes that order or fails to deliver up the apparatus to the Secretary of State as required he shall be guilty of a further offence under this Act which, for the purpose of determining the appropriate penalty in accordance with the provisions of this section relating to penalties (whether as originally enacted or as substituted by paragraph 1 of Schedule 3 to the Telecommunications Act 1984), shall be treated as an offence under the same provision as the offence for which the forfeiture was ordered.”

83Disposal of apparatus and other property seized by virtue of section 79.#

(1)Any property seized by a person authorised by the OFCOM in pursuance of a warrant under section 15(1) of the 1949 Act or in exercise of the power conferred by section 79(3) above may be detained—

(a)until the end of the period of six months beginning with the date of the seizure; or

(b)if proceedings for an offence to which section 79 above applies involving that property or proceedings for forfeiture of that property under Schedule 7 to the Communications Act 2003 are instituted within that period, until the conclusion of those proceedings.

(2)After the end of the period for which its detention is authorised by virtue of subsection (1) above, any such property which—

(a)remains in the possession of OFCOM; and

(b)has not been ordered to be forfeited under section 14 of the 1949 Act (which includes provision for forfeiture of wireless telegraphy apparatus used in the commission of certain offences) or under Schedule 7 to the Communications Act 2003;

shall be dealt with in accordance with the following provisions of this section (and references in those provisions to the relevant property are references to any property to which this subsection applies).

(3)OFCOM shall take reasonable steps to deliver the relevant property to any person appearing to them to be its owner.

(4)Where the relevant property remains in the possession of OFCOM after the end of the period of one year immediately following the end of the period for which its detention is authorised by subsection (1) above, OFCOM may dispose of it in such manner as they think fit.

(5)The delivery of the relevant property in accordance with subsection (3) above to any person appearing to OFCOM to be its owner shall not affect the right of any other person to take legal proceedings against the person to whom it is delivered or against anyone subsequently in possession of the property for the recovery of the property.

Marking etc. of apparatus

85Information etc. to be marked on or to accompany apparatus.#

(1)Where it appears to OFCOM expedient that any description of relevant apparatus should be marked with or accompanied by any information or instruction relating to the apparatus or its installation or use, OFCOM may by order—

(a)impose requirements for securing that relevant apparatus of that description is so marked or accompanied, and

(b)regulate or prohibit the supply of any such apparatus with respect to which the requirements are not complied with;

and the requirements may extend to the form and manner in which the information or instruction is given.

(2)An order under this section may, in the case of apparatus supplied in circumstances where the information or instruction required by the order would not be conveyed until after delivery, require the whole or part thereof to be also displayed near the apparatus.

(3)Where an order under this section is in force with respect to relevant apparatus of any description, any person who, in the course of any trade or business, supplies or offers to supply relevant apparatus of that description in contravention of the order shall, subject to section 87 below, be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4)For the purposes of this section a person exposing relevant apparatus for supply or having such apparatus in his possession for supply shall be deemed to offer to supply it.

(5)In this section and section 86 below—

(a)“relevant apparatus” means wireless telegraphy apparatus or apparatus designed or adapted for use in connection with wireless telegraphy apparatus; and

(b)“supply” shall have the same meaning as it has in Part II of the Consumer Protection Act 1987.

86Information etc. to be given in advertisements.#

(1)Where it appears to OFCOM expedient that any description of advertisements of relevant apparatus should contain or refer to any information relating to the apparatus or its installation or use, OFCOM may by order impose requirements as to the inclusion of the information, or an indication of the means by which it may be obtained, in advertisements of that description.

(2)An order under this section may specify the form and manner in which any information or indication required by the order is to be included in advertisements of any description.

(3)Where an advertisement of any relevant apparatus which is to be supplied in the course of any trade or business fails to comply with any requirement imposed under this section, any person who publishes the advertisement shall, subject to section 87 below, be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4)Section 85(5) above applies for the purposes of this section; and in this section “advertisement” includes a catalogue, a circular and a price list.

87Offences under section 85 or 86 due to default of third person.#

(1)Where the commission by any person of an offence under section 85 or 86 above is due to the act or default of some other person, that other person shall be guilty of the offence; and a person may be charged with and convicted of the offence by virtue of this subsection whether or not proceedings are taken against the first-mentioned person.

(2)In any proceedings for an offence under either of those sections it shall, subject to subsection (3) below, be a defence for the person charged to prove that he took all reasonable steps and exercised all due diligence to avoid committing the offence.

(3)Where the defence provided by subsection (2) above involves an allegation that the commission of the offence was due to the act of default of another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless, within a period ending seven clear days before the hearing, he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.

(4)In any proceedings for an offence under section 86 above it shall be a defence for the person charged to prove that he is a person whose business it is to publish or arrange for the publication of advertisements and that he received the advertisement for publication in the ordinary course of business and did not know and had no reason to suspect that its publication would amount to an offence under that section.

Miscellaneous and supplemental

88Wireless telegraphy functions of Director.#

^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

89Abolition of advisory committee.#

^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

90Radio interference service.#

^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

91Construction of references to conclusion of proceedings.#

(1)Where proceedings for an offence to which section 79 above applies or for the forfeiture of any apparatus under Schedule 7 to the Communications Act 2003 have been terminated by any decision of a description against which an appeal will lie (whether by way of case stated or otherwise and whether with or without leave), those proceedings shall not be regarded as concluded for the purposes of section 83(1)(b) above—

(a)until the end of the ordinary time for appeal against that decision, if no appeal proceedings in respect of it are brought within that time; or

(b)if any such proceedings are so brought, until the conclusion of the appeal proceedings.

(2)Subsection (1) above shall apply for determining, for the purposes of paragraph (b) of that subsection ^note. . . , when any appeal proceedings are concluded as it applies for determining when original proceedings ^note. . . are concluded.

(3)References in subsection (1) above, as it applies in relation to any proceedings, to a decision terminating those proceedings, include references to any verdict, sentence, finding or order which puts an end to those proceedings.

(4)References in this section ^note. . . to appeal proceedings include references to an application for leave to appeal.

92Interpretation of Part VI and minor amendments.#

(1)In this Part—• “the 1949 Act” means the ^noteWireless Telegraphy Act 1949;• “the 1967 Act” means the ^noteWireless Telegraphy Act 1967; and• “wireless telegraphy”, “wireless telegraphy apparatus”, “emission” and “interference” have the same meanings as in the 1949 Act.

(2)In section 15(4) of the 1949 Act (obstruction of search and seizure powers, etc.)—

(a)in paragraph (a) the word “ intentionally ” shall be inserted before the word “obstructs”; and

(b)in paragraph (b) the words “ without reasonable excuse ” shall be inserted before the words “fails or refuses”.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

Part VII · Miscellaneous and Supplemental

Miscellaneous

93Grants to promote interests of disabled persons.#

94Directions in the interests of national security etc.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

95Orders under the 1973 and 1980 Acts.#

96Prohibitions and restrictions applying to lessees with respect to telecommunications.#

^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

97Contributions by local authorities towards provision of facilities.#

98Use of certain conduits for telecommunication purposes.#

(1)The functions of an authority with control of a relevant conduit shall include the power—

(a)to carry out, or to authorise another person to carry out, any works in relation to that conduit for or in connection with the installation, maintenance, adjustment, repair or alteration of electronic communications apparatus;

(b)to keep electronic communications apparatus installed in that conduit or to authorise any other person to keep electronic communications apparatus so installed;

(c)to authorise any person to enter that conduit to inspect electronic communications apparatus kept installed there;

(d)to enter into agreements, on such terms (including terms as to the payments to be made to the authority) as it thinks fit, in connection with the doing of anything authorised by or under this section; and

(e)to carry on an ancillary business consisting in the making and carrying out of such agreements.

(2)Where any enactment or subordinate legislation expressly or impliedly imposes any limitation on the use to which a relevant conduit may be put, that limitation shall not have effect so as to prohibit the doing of anything authorised by or under this section.

(3)Where the doing by an authority with control of a public sewer of anything authorised by this section would, apart from this subsection, constitute a contravention of any obligation imposed (whether by virtue of any conveyance or agreement or otherwise) on the authority, the doing of that thing shall not constitute such a contravention to the extent that it consists in, or in authorising, the carrying out of works or inspections, or keeping of apparatus, wholly inside a public sewer.

(4)Subject to subsections (2) and (3) above, subsection (1) above is without prejudice to the rights of any person with an interest in land on, under or over which a relevant conduit is situated.

(5)Without prejudice to subsections (1) to (4) above, the Secretary of State may by order provide for any local Act under or in accordance with which any conduits (whether or not relevant conduits) are kept installed in streetsroads to be amended in such manner as appears to him requisite or expedient for securing—

(a)that there is power for those conduits to be used for the purposes of any electronic communications network or of any electronic communications service;

(b)that the terms (including terms as to payment) on which those conduits are used for those purposes are reasonable; and

(c)that the use of those conduits for those purposes is not unreasonably inhibited (whether directly or indirectly) by reason of the terms of any consent, licence or agreement which has been given, granted or made in relation to any of those conduits for the purposes of that Act.

(6)In this section “relevant conduit” means—

(a)any conduit which, whether or not it is itself an electric line, is maintained by an electricity authority for the purpose of enclosing, surrounding or supporting such a line, including where such a conduit is connected to any box, chamber or other structure (including a building) maintained by an electricity authority for purposes connected with the conveyance, transmission or distribution of electricity, that box, chamber or structure; or

(b)a water main or any other conduit maintained by a water authority for the purpose of conveying water from one place to another; or

(c)a public sewer; or

(d)a culvert which is a designated watercourse within the meaning of the ^noteDrainage (Northern Ireland) Order 2006.

(7)In this section a reference to the authority with control of a relevant conduit—

(a)in relation to a conduit or structure falling within paragraph (a) or (b) of subsection (6) above, shall be construed as a reference to the authority by whom the conduit or structure is maintained;

(b)in relation to a public sewer, shall be construed, subject to subsection (8) below, as a reference to the person in whom the sewer is vested; and

(c)in relation to a culvert falling within paragraph (d) of subsection (6) above, shall be construed as a reference to the Department of Agriculture for Northern Ireland.

(8)Where—

(a)the functions of an authority with control of a public sewer are, in pursuance of any enactment, discharged on its behalf by another person, and

(b)the other person is authorised by the authority with control of the sewer to act on its behalf for the purposes of the matters referred to in subsection (1) above,

this section shall have effect in relation to that sewer as if any reference to the authority with control of the sewer included, to such extent as may be necessary for the other person so to act, a reference to the other person.

(9)In this section—• “alteration”, “streetroad” and “telecommunication apparatus” have the same meanings as in Schedule 2 to this Act;• “conduit” includes a tunnel or subway;• “electric line”—(a) in Great Britain, has the same meaning as in the Electricity Act 1989; and(b) in Northern Ireland, has the same meaning as in the Electricity (Northern Ireland) Order 1992;• “electricity authority” means a person authorised by a licence under Part I of the Electricity Act 1989 to supply or participate in the transmission of electricity or a person authorised by a licence under Part II of the Electricity (Northern Ireland) Order 1992 to transmit or supply electricity;• “public sewer”—(a) in England and Wales, has the same meaning as in the ^notePublic Health Act 1936;(b) in Scotland, means any sewer which is vested in Scottish Water; and(c) in Northern Ireland, means a sewer as defined in the ^noteWater and Sewerage Services (Northern Ireland) Order 2006;• ^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .• “subordinate legislation” means any subordinate legislation within the meaning of the Interpretation Act 1978 or any instrument, as defined in section 1 of the ^noteInterpretation Act (Northern Ireland) 1954;• “water authority”—(a) in England and Wales, means the Environment Agency, the Natural Resources Body for Wales or a water undertaker;(b) in Scotland, means Scottish Water; and(c) in Northern Ireland, means the a water undertaker (within the meaning of the Water and Sewerage Services (Northern Ireland) Order 2006);• “water main”—(a) in England and Wales, means a water main or resource main within the meaning of the Water Industry Act 1991;(b) in Scotland, means a main within the meaning of the ^noteWater (Scotland) Act 1980; and(c) in Northern Ireland, means a water main or resource main within the meaning of the ^noteWater and Sewerage Services (Northern Ireland) Order 2006.

99 #

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .#

Supplemental

101General restrictions on disclosure of information.#

(1)Subject to the following provisions of this section, no information with respect to any particular business which—

(a)has been obtained under or by virtue of the provisions of this Act ^note... ; and

(b)relates to the private affairs of any individual or to any particular business,

shall during the lifetime of that individual or so long as that business continues to be carried on, be disclosed without the consent of that individual or the person for the time being carrying on that business.

(2)Subsection (1) above does not apply to any disclosure of information which is made—

(a)for the purpose of facilitating the performance of any functions assigned ^note... to the Secretary of State, or OFCOM by or under this Act ^note... ;

(b)for the purpose of facilitating the performance of any functions of any Minister, any Northern Ireland department, the head of any such department, the Competition and Markets Authority; the Water Services Regulation Authoritythe Director General of Electricity Supplythe Director General of Electricity Supply for Northern Irelandor the Director General of Gas for Northern Irelandthe Office of Rail and Road, OFCOM, the Civil Aviation Authority or a local weights and measures authority in Great Britain under any of the enactments or subordinate legislation specified in subsection (3) below;

(bb)for the purpose of facilitating the carrying out by the Comptroller and Auditor General of any of his functions under any enactment;

(c)in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings; or

(d)for the purpose of any civil proceedings brought under or by virtue of this Act or any of the enactments or subordinate legislation specified in subsection (3) below; ^note...

(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The enactments and subordinate legislation referred to in subsection (2) above are—

(a)the Trade Descriptions Act 1968;

(b)the 1973 Act;

(c)the Consumer Credit Act 1974;

(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)the Estate Agents Act 1979; ^note

(g)the 1980 Act.

(h)the Consumer Protection Act 1987.

(i)the Consumer Protection (Northern Ireland) Order 1987.

(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j)the Water Act 1989 , or the Water Act 2003or the Water Act 2014.

(k)the Electricity Act 1989.

(l)the Electricity (Northern Ireland) Order 1992.

(ll)The Gas (Northern Ireland) Order 1996;

(m)the Railways Act 1993

(n)the Competition Act 1998

(o)Part I of the Transport Act 2000.

(p)the Enterprise Act 2002

(q)the Communications Act 2003 ^note...

(r)the Railways Act 2005.

(s)the Energy (Northern Ireland Order 2003;

(t)the Water and Sewerage Services (Northern Ireland) Order 2006.

(u)the Business Protection from Misleading Marketing Regulations 2008;

(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(w)Parts 3 and 4 of the Enterprise and Regulatory Reform Act 2013;

(x)the following provisions of the Digital Markets, Competition and Consumers Act 2024—

(i)Part 3;

(ii)Chapter 1 of Part 4;

(iii)Chapter 2 of Part 5.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Any person who discloses any information in contravention of this section shall be guilty of an offence and liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

(6)Information obtained by OFCOM in the exercise of functions which are exercisable concurrently with the Competition and Markets Authority under Part I of the Competition Act 1998 is subject to Part 9 of the Enterprise Act 2002 (Information) and not to subsections (1) to (5) of this section.

102Offences by bodies corporate.#

103Summary proceedings.#

(1) Proceedings for any offence under this Act which is punishable on summary conviction may be commenced at any time within twelve months next after the commission of the offence.

(2)Subsection (1) above shall not apply for the purposes of an offence under any provision of the Enterprise Act 2002 as applied by virtue of section 13B above.

104Orders and schemes.#

(1)Any power of the Secretary of State to make an order or a scheme under this Act shall be exercisable by statutory instrument subject, except in the case of an order under section ^note. . . 110(5), ^note. . . to annulment in pursuance of a resolution of either House of Parliament.

(1A)Section 403 of the Communications Act 2003 (procedure for regulations and orders made by OFCOM) applies to every power of OFCOM to make an order under a provision of this Act.

(1B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Any order or scheme under this Act may make different provision with respect to different cases or descriptions of case.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

105Financial provisions.#

There shall be paid out of money provided by Parliament any administrative expenses incurred by the Secretary of State in consequence of the provisions of this Act and any increase attributable to this Act in the sums payable out of money so provided under any other Act.

106General interpretation.#

(1)In this Act, unless the context otherwise requires—• “the 1973 Act” means the Fair Trading Act 1973;• “the 1980 Act” means the Competition Act 1980;• “the 1981 Act” means the British Telecommunications Act 1981;• “the appointed day” has the meaning given by section 2 above;• ^note...• ^note...• ^note...• ^note...• ^note...• ^note...• “the excepted liabilities” has the meaning given by section 60(2) above;• “modifications” includes additions, alterations and omissions and cognate expressions shall be construed accordingly;• “OFCOM” means the Office of Communications;• ^note...• ^note...• “the successor company” and “the transfer date” have the meanings given by section 60(1) above;• ^note...• ^note...• ^note...• ^note...• ^note...

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Any power conferred on the Secretary of State by this Act to give a direction if it appears to him to be requisite or expedient to do so in the interests of national security or relations with the government of a country or territory outside the United Kingdom includes power to give the direction if it appears to him to be requisite or expedient to do so in order—

(a)to discharge, or facilitate the discharge of, an obligation binding on Her Majesty’s Government in the United Kingdom by virtue of it being a member of an international organisation or a party to an international agreement;

(b)to attain, or facilitate the attainment of, any other objects the attainment of which is, in the Secretary of State’s opinion, requisite or expedient in view of Her Majesty’s Government in the United Kingdom being a member of such an organisation or a party to such an agreement; or

(c)to enable Her Majesty’s Government in the United Kingdom to become a member of such an organisation or a party to such an agreement.

(5)For the purposes of any licence granted, approval given or order made under this Act any description or class may be framed by reference to any circumstances whatsoever.

107Application to territorial waters and the continental shelf etc.#

(1)

(a)

(b)

(2)

(3)In relation to any time before the coming into force of the said section 23, subsection (1) above shall have effect as if—

(a)for the words “section 23 of the Oil and Gas (Enterprise) Act 1982” there were substituted the words “ section 3 of the Continental Shelf Act 1964 ”; and

(b)for the words “waters to which that section applies and” there were substituted the words “ an area or part ”.

(4)In this regulation—• “the Housing Benefit Regulations” means the Housing Benefit (General) Regulations (Northern Ireland) 1987;• “the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987.

108Extension to the Isle of Man and the Channel Islands.#

Her Majesty may by Order in Council direct that any of the provisions of this Act specified in the Order shall extend to the Isle of Man or any of the Channel Islands with such exceptions, adaptations and modifications as may be so specified.

109Amendments, transitional provisions and repeals.#

(1)The enactments mentioned in Schedule 4 to this Act shall have effect subject to the amendments there specified (being minor amendments or amendments consequential on the preceding provisions of this Act).

(2)

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(3)

(a)

(b)

(4)The general transitional provisions and savings contained in Schedule 5 to this Act and the special transitional provisions with respect to patents for inventions and registered designs contained in Schedule 6 to this Act shall have effect; but those provisions and savings are without prejudice to sections 16 and 17 of the ^noteInterpretation Act 1978 (effect of repeals).

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(6)

(7)In this section—• “existing apparatus” means any telecommunication apparatus (within the meaning of Schedule 2 to this Act) which—(a) was installed on any premises before the appointed day, and(b) cannot, after the appointed day, be kept installed there by virtue of any right which is or may be conferred by or in accordance with the telecommunications code;• “local telegraph Act” means a local Act which incorporated a telegraph company or the Bill for which was promoted by such a company; and• “subordinate legislation” has the same meaning as in the ^noteInterpretation Act 1978.

110Short title, commencement and extent.#

(1)This Act may be cited as the Telecommunications Act 1984.

(2)The following provisions of this Act, namely—• sections 2 to 4;• Parts II to IV;• sections 93 to 95;• sections 97 to 99;• sections 101 to 103;• section 106;• section 109(1) and Schedule 4;• section 109(2), (3) and (7);• Part I of Schedule 5 and section 109(4) so far as relating to that Part; and• Part I of Schedule 7 and section 109(6) so far as relating to that Part,shall come into force on the appointed day.

(3)The following provisions of this Act, namely—• Part V;• Part II of Schedule 5 and Schedule 6 and section 109(4) so far as relating to that Part and that Schedule; and• Part II of Schedule 7 and section 109(6) so far as relating to that Part,shall come into force on the transfer date.

(4)Part III of Schedule 7 and section 109(6) so far as relating to that Part shall come into force on the dissolution of British Telecommunications.

(5)Subject to subsections (2) to (4) above, this Act shall come into force on such day as the Secretary of State may by order appoint; and different days may be so appointed for different provisions or for different purposes.

(6)This Act extends to Northern Ireland.

Schedule 1 · Director General of Telecommunications

(1)There shall be paid to the Director such remuneration, and such travelling and other allowances, as the Secretary of State with the approval of the Treasury may determine.

(2)In the case of any such holder of the office of the Director as may be determined by the Secretary of State with the approval of the Treasury, there shall be paid such pension, allowance or gratuity to or in respect of him on his retirement or death, or such contributions or payments towards provision for such a pension, allowance or gratuity as may be so determined.

(3)If, when any person ceases to hold office as the Director, it appears to the Secretary of State with the approval of the Treasury that there are special circumstances which make it right that he should receive compensation, there may be paid to him a sum by way of compensation of such amount as may be so determined.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In the ^noteHouse of Commons Disqualification Act 1975 in Part III of Schedule 1 (other disqualifying offices) there shall be inserted (at the appropriate place in alphabetical order) the following entry—““Director General of Telecommunications”;”

(6)The Director shall have an official seal for the authentication of documents required for the purposes of his functions.

(7)The ^noteDocumentary Evidence Act 1868 shall have effect as if the Director were included in the first column of the Schedule to that Act, as if the Director and any person authorised to act on behalf of the Director were mentioned in the second column of that Schedule, and as if the regulations referred to in that Act included any document issued by the Director or by any such person.

(8)Anything authorised or required by or under this Act or any other enactment to be done by the Director, other than the making of a statutory instrument, may be done by any member of the staff of the Director who is authorised generally or specially in that behalf by the Director.

Schedule 2 · The Telecommunications Code

Arrangement of paragraphs

Interpretation of code

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Agreement required to confer right to execute works et ceteralaetc.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Agreement required for obstructing access et ceteralaetc.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Effect of rights and compensation

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Power to dispense with the need for required agreement

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Acquisition of rights in respect of apparatus already installed

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Court to fix financial terms where agreement dispensed with

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Notices and applications by potential subscribers

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Street works

(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Power to fly lines

(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Tidal waters et ceteralaetc.

(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Linear obstacles

(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Arbitration in relation to linear obstacles

(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Alteration of apparatus crossing a linear obstacle

(14). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Use of certain conduits

(15). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Compensation for injurious affection to neighbouring land et ceteralaetc.

(16). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Objections to overhead apparatus

(17). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Obligation to affix notices to overhead apparatus

(18). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Tree lopping

(19). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Power to require alteration of apparatus

(20). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Restriction on right to require the removal of apparatus

(21). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Abandonment of apparatus

(22). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Undertaker’s works

(23). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Notices under code

(24). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Electronic communications networks: determination of applications to install facilities

(24A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Appeals in Northern Ireland

(25). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Application to the Crown

(26). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Savings for and exclusion of certain remedies et ceteralaetc.

(27). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Application of code to existing systems

(28). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Schedule 3 · Penalties and Mode of Trial under the Wireless Telegraphy Act 1949

(1)The following subsections shall be substituted for subsection (1) of section 14 of the 1949 Act—“1 Any person committing—a any offence under section 5(a) of this Act; orb any offence under section 13 of this Act;shall be liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both, or on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both.1A Any person committing—a any offence under section 1(1) of this Act consisting in the installation or use, otherwise than under and in accordance with a wireless telegraphy licence, of any apparatus not designed or adapted for emission (as opposed to reception); orb any offence under section 3(2) of this Act consisting in a contravention, in relation to any such apparatus, of any regulations made under that section; orc any offence under section 11(7) or 12(5) of this Act involving or consisting in a contravention of a notice of the Secretary of State in relation to any apparatus, not being apparatus the use of which is likely to cause undue interference with any wireless telegraphy used for the purpose of any safety of life service or any purpose on which the safety of any person or of any vessel, aircraft or vehicle may depend; ord any offence under section 1(5) or 7(4) of this Act; ore any offence under section 12A of this Act; orf any offence under this Act which is an offence under section 5 or 8(2) of the Wireless Telegraphy Act 1967 (failure to comply with notices under Part I of that Act, giving false information, etc.);shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.1B Any person committing—a any offence under section 1(1) of this Act other than one within subsection (1A)(a) of this section; orb any offence under section 11(7) of this Act other than one within subsection (1A)(c) of this section;shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale, or both.1C Any person committing any other offence under this Act shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.”

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The following provisions shall not apply where a person is convicted of an offence under the 1949 Act or the Marine, &c., Broadcasting (Offences) Act 1967—

(a)section 143 of the Powers of Criminal Courts (Sentencing) Act 2000 (which gives the convicting court in England and Wales power to deprive a person convicted of an offence of property used etc. for purposes of crime); and

(b)Part II of the Proceeds of Crime (Scotland) Act 1995 and Article 11 of the Criminal Justice (Northern Ireland) Order 1994 (which give the convicting court in Scotland and Northern Ireland respectively power corresponding to the power under that section).

Schedule 4 · Minor and Consequential Amendments

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(15). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(20). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(24). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(30). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(32)

(34). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(53)

(62). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(64). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(70). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

(1)

(1)In this Schedule and in any enactment amended by this Schedule—• “the operator” means—(a) in relation to a telecommunications code system the running of which is authorised by a licence under section 7 of this Act, the person to whom the telecommunications code is applied by that licence; and(b) in relation to a telecommunications code system which the Secretary of State or a Northern Ireland department is running or proposing to run, the Secretary of State or, as the case may be, that department;• “public telecommunications operator” has the meaning given by section 9(3) of this Act;• “telecommunication apparatus” has the same meaning as in Schedule 2 to this Act;• “telecommunication system” has the meaning given by subsection (1) of section 4 above (read with subsection (2) of that section);• “the telecommunications code” means the code contained in Schedule 2 to this Act;• “telecommunications code system” means—(a) a telecommunications system the running of which is authorised by a licence under section 7 of this Act applying the telecommunications code to any person; or(b) a telecommunication system which the Secretary of State or a Northern Ireland department is running or proposing to run and in relation to which the telecommunications code has effect by virtue of section 10(1)(b) of this Act.

(2)Subsection (11) of section 7 of this Act shall apply for the purposes of this Schedule and any enactment amended by this Schedule as it applies for the purposes of that section and the following provisions of Part II of this Act.

General

(2)

Enactments relating to statutory undertakers, etc.

(3)

The Telegraph Acts 1863 and 1868

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Foreign Enlistment Act 1870

(5)In section 30 of the Foreign Enlistment Act 1870 (interpretation), in the definition of “military service” for the words “military telegraphy” there shall be substituted the words “ military telecommunications ”.

The Military Tramways Act 1887

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Telegraph Act 1899

(10)In section 2(1) of the Telegraph Act 1899 (supplemental provision with respect to public telephonic systems by certain local authorities), for the words from “by” to “communication” there shall be substituted the words “ to run a public telecommunication system (within the meaning of the Telecommunications Act 1984) ”.

The Official Secrets Act 1911

(12)

The Official Secrets Act 1920

(14). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Law of Property Act 1925

(16)

The Roads Improvement Act 1925

(17)

(1)For subsection (6) of section 1 of the Roads Improvement Act 1925 (which applies section 7 of the ^noteTelegraph Act 1878 to work in connection with the planting of trees etc. in highways) there shall be substituted the following subsections:—“6 Paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply, for the purposes of any works which may be done in exercise of the powers conferred by this section, to the persons on whom those powers are conferred.7 Sub-paragraph (8) of paragraph 23 of the telecommunications code (offence) shall be deemed to be omitted for the purposes of the application by this section of that paragraph to the Minister.”

(2)For subsection (9) of section 5 of the said Act of 1925 (saving for enactments relating to telegraphs) there shall be substituted the following subsection:—“9 Nothing in this section shall affect any rights conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system or apply to any telecommunication apparatus kept installed for the purposes of any such system.”

The Public Health Act 1925

(18)In section 10 of the Public Health Act 1925 (under which nothing in that Act is to affect works or apparatus of British Telecommunications), for the words from “works” to “or any” there shall be substituted the words “ telecommunication apparatus kept installed for the purposes of a telecommunications code system or the execution for those purposes of any works or any ”.

The Bridges Act 1929

(19)For section 13 of the Bridges Act 1929 (which applies section 7 of the Telegraph Act 1878 to work authorised or required by an order made under that Act) there shall be substituted the following section:—“13 1 Paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply to a bridge owner or highway authority for the purposes of works authorised or required by an order under this Act.2 Sub-paragraph (8) of paragraph 23 of the telecommunications code (offence) shall be deemed to be omitted for the purposes of the application by this section of that paragraph to the Secretary of State in any capacity.”

The Civil Defence Act (Northern Ireland) 1939

(21)For section 71 of the Civil Defence Act (Northern Ireland) 1939 (which applies section 7 of the ^noteTelegraph Act 1878 to work authorised or required to be done under that Act) there shall be substituted the following section:—“71 Paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply, for the purposes conferred by this Act, to the persons on whom those powers are conferred.”

The Water Act 1945

(22)

(1)The Water Act 1945 shall be amended in accordance with the following provisions of this paragraph.

(2)For section 60 (which applies section 7 of the Telegraph Act 1878 to works authorised by an order under the Water Act 1945) there shall be substituted the following section:—“60 Paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply, for the purposes of any works the execution of which is authorised by an order under this Act, to the person authorised by that order to execute those works.”

(3)In the proviso to section 4 of Schedule 3 (subsidiary works not to interfere with telegraphic lines etc.), for the words from “telegraphic line” onwards there shall be substituted the words “ telecommunication apparatus kept installed for the purposes of a telecommunications code system or with the service provided by any such system. ”.

(4)Section 5 of Schedule 3 (which confers power on a water undertaker to operate a system of telegraphic communication) shall cease to have effect.

(5)In section 70 of Schedule 3, for paragraph (a) of the proviso (works under that section not to interfere with telegraphic lines) there shall be substituted the following paragraph:—“a any telecommunication apparatus kept installed for the purposes of a telecommunications code system, except in accordance with, and subject to the provisions of, the telecommunications code;”

(6)Without prejudice to section 20(2) of the ^noteInterpretation Act 1978 (references to enactments), references in this paragraph to a provision of the said Schedule 3 shall include references to that Schedule as incorporated or applied by or under any enactment.

The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947

(23)In section 3 of the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (which empowers the Secretary of State to extinguish certain public rights of way over land acquired), after subsection (4) there shall be inserted the following subsection:—“4A In subsection (4) above, the reference to apparatus belonging to statutory undertakers shall include a reference to apparatus kept installed for the purposes of a telecommunications code system; and in relation to any such apparatus the references to the undertakers shall have effect as references to the operator of the system.”

The Roads Act (Northern Ireland) 1948

(25)For subsections (1) and (2) of section 41 of the Roads Act (Northern Ireland) 1948, as applied by any statutory provision passed before the coming into operation of the ^noteRoads (Northern Ireland) Order 1980, there shall be substituted the following subsections:—“1 Subject to subsection (1A), nothing in this Act or in any order made under it shall affect any rights conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system or apply to any telecommunication apparatus kept installed for the purposes of any such system.1A Where in pursuance of an order under section 17 any road is stopped up, diverted or abandoned and immediately before that order comes into force there is under, in, over, along or across the road any telecommunication apparatus kept installed for the purposes of a telecommunications code system, the operator of that system shall have the same powers in respect of that apparatus as if the order had not come into force; but the Department or any person in whom the site of that road is vested shall be entitled to require the alteration of the apparatus.1B Paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply to the Department for the purposes of any work authorised to be carried out under this Act.1C Paragraph 1(2) of the telecommunications code (alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of subsection (1A) as it applies for the purposes of that code.2 Paragraph 21 of the telecommunications code (restrictions on removal of apparatus) shall apply in relation to any entitlement conferred by this section to require the alteration, moving or replacement of any telecommunication apparatus as it applies in relation to an entitlement to require the removal of any such apparatus.”

The Special Roads Act 1949

(26)

(1)For section 20 of the Special Roads Act 1949 (saving for British Telecommunications) there shall be substituted the following section:—“20 1 Subject to the provisions of this section, nothing in this Act or in any scheme or order made under it affects any rights conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system or any duty of any such operator under that code or applies to any telecommunication apparatus kept installed for the purposes of any such system.2 Where in pursuance of an order under section 3 of this Act any road is stopped up or diverted and immediately before the order comes into force there is under, in, upon, over, along or across the road any telecommunication apparatus kept installed for the purposes of a telecommunication code system, the operator of that system shall have the same powers in respect of the telecommunication apparatus as if the order had not become operative; but any person entitled to land over which the road subsisted shall be entitled to require the alteration of the apparatus.3 Where an order under the said section 3 provides for the alteration of any road, not being a trunk road and, immediately before the date on which the order comes into force, there is under, in, upon, over, along or across the road any telecommunication apparatus kept installed for the purposes of a telecommunications code system, the highway authority shall be entitled to require the alteration of the apparatus.This subsection does not have effect so far as it relates to the alteration of any telecommunication apparatus for the purpose of authority’s works as defined in Part II of the Public Utilities Street Works Act 1950.4 Paragraph 1(2) of the telecommunications code (alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of the preceding provisions of this section as it applies for the purposes of that code.5 Paragraph 21 of the telecommunications code (restriction on removal of telecommunication apparatus) shall apply in relation to any entitlement conferred by this section to require the alteration, moving or replacement of any telecommunication apparatus as it applies in relation to an entitlement to require the removal of any such apparatus.”

(2)In relation to an order under section 3 of the said Act of 1949 coming into force before the appointed day, section 20 of that Act shall have effect, notwithstanding any repeal made by this Act, as it has effect immediately before the coming into force of sub-paragraph (1) above.

The Coast Protection Act 1949

(27)In section 47 of the Coast Protection Act 1949, for paragraph (b) (savings for powers or duties of British Telecommunications) there shall be substituted the following paragraph:—“b affect any right conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system or any duty of any such operator under that code;”

The National Parks and Access to the Countryside Act 1949

(28)

(1)In the proviso to section 20(2) of the National Parks and Access to the Countryside Act 1949 (byelaws for protection of nature reserves not to interfere with the exercise of functions by statutory undertakers), at the end there shall be inserted the words “ or with the running of a telecommunications code system or the exercise of any right conferred by or in accordance with the telecommunications code on the operator of any such system. ”.

(2)

The Public Utilities Street Works Act 1950

(29)

(1)The Public Utilities Street Works Act 1950 shall be amended in accordance with the following provisions of this paragraph.

(2)In sections 3(2)(b), 4(2)(b), 6(1)(b), 10(1)(i), 26(2) and 28(3)(a) and paragraph 5(1)(b) of Schedule 1 and paragraph 1(1) of Schedule 3 (which refer to overhead telegraphic lines), for the words “an overhead telegraphic line”, wherever occurring, there shall be substituted the words “ overhead telecommunication apparatus ”.

(3)For paragraph (c) of section 38(3) (under which the references to a service pipe or service line include certain underground telegraphic lines) there shall be substituted the following paragraph:—“c any telecommunication apparatus placed or intended to be placed underground for the purpose of providing a service by means of a telecommunication system to or from any premises, as distinct from telecommunication apparatus placed or intended to be placed for the general purposes of any such system”

(4)In Schedule 7 (application to London)—

(a)in paragraph 6, for the words “overhead telegraphic lines” there shall be substituted the words “ overhead telecommunication apparatus ”; and

(b)in paragraph 8(1), for the words “an overhead telegraphic line” there shall be substituted the words “ overhead telecommunication apparatus ”.

The Local Government (Miscellaneous Provisions) Act 1953

(31)In section 6 of the Local Government (Miscellaneous Provisions) Act 1953 (supplementary provisions as to bus shelters)—

(a)in subsection (1), for the words from “telegraphic line” to “in obtaining” there shall be substituted the words “ telecommunication 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 ”; and

(b)in subsection (2), for the words from “telegraphic line” to “there were” there shall be substituted the words “ telecommunication apparatus as is therein mentioned, and as if for any reference therein to the operator of the system in question there were ”.

The Lough Neagh and Lower Bann Drainage and Navigation Act (Northern Ireland) 1955

(33)For subsection (2) of section 17 of the Lough Neagh and Lower Bann Drainage and Navigation Act (Northern Ireland) 1955 (which applies section 7 of the ^noteTelegraph Act 1878 in relation to schemes under the said Act of 1955) there shall be substituted the following subsection:—“2 Paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply by the Department for the purposes of any works authorised by a scheme under this Act.”

The Housing Act 1957

(35)

(1)After section 74 of the Housing Act 1957, in Part III of that Act (clearance and redevelopment), there shall be inserted the following section:—“74A 1 Paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply to a local authority for the purposes of any works which they are authorised to execute under this Part of this Act.2 Where in pursuance of an order under section 64 of this Act a public right of way over land is extinguished and, at the beginning of the day on which the order comes into operation, there is under, in, on, over, along or across the land any telecommunication apparatus kept installed for the purposes of a telecommunications code system, the operator of that system shall have the same powers in respect of that apparatus as if the order had not come into operation; but any person entitled to land over which the right of way subsisted shall be entitled to require the alteration of the apparatus.3 The proviso to subsection (3) of the said section 64 shall have effect in relation to any right conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system, and to telecommunication apparatus kept installed for the purposes of any such system, as it has effect in relation to rights vested in and apparatus belonging to statutory undertakers.4 Paragraph 1(2) of the telecommunications code (alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of the preceding provisions of this section as it applies for the purposes of that code.5 Paragraph 21 of the telecommunications code (restriction on removal of telecommunication apparatus) shall apply in relation to any entitlement conferred by this section to require the alteration, moving or replacement of any telecommunication apparatus as it applies in relation to an entitlement to require the removal of any such apparatus.”

(2)In relation to any order under section 64 of the said Act of 1957 coming into force before the appointed day, paragraph 33 of Schedule 3 to the 1981 Act (which made provision corresponding to sub-paragraph (1) above in relation to British Telecommunications) shall have effect, notwithstanding any repeal made by this Act, as it has effect immediately before the coming into force of sub-paragraph (1) above.

The Land Drainage (Scotland) Act 1958

(36)

(1)For section 17 of the ^noteLand Drainage (Scotland) Act 1958 (which applies section 7 of the ^noteTelegraph Act 1878 to works under an improvement order) there shall be substituted the following section:—“17 Paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply to the authorised persons under an improvement order for the purposes of works in pursuance of that order.”

(2)In the proviso to paragraph 3 of Schedule 2 to that Act (temporary works not to interfere with telegraphic lines etc.), for the words from “telegraphic line” onwards there shall be substituted the words “ telecommunication apparatus kept installed for the purposes of a telecommunications code system or with the service provided by any such system. ”.

The Local Government (Omnibus Shelters and Queue Barriers) (Scotland) Act 1958

(37)In section 3 of the Local Government (Omnibus Shelters and Queue Barriers) (Scotland) Act 1958 (supplementary provisions as to bus shelters etc.)—

(a)in subsection (1), for the words from “telegraphic line” to “in obtaining” there shall be substituted the words “ telecommunication 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 that apparatus, the authority shall, unless they temporarily remove the shelter, barriers or posts for the purpose of affording such access, or so much thereof as is necessary for that purpose, be liable to repay the operator of that system so much of the expenses reasonably incurred by him in obtaining ”; and

The Opencast Coal Act 1958

(38)

(1)Section 45 of the Opencast Coal Act 1958 (provisions as to telegraphic lines) shall be amended in accordance with the following provisions of this paragraph.

(2)In subsection (1) (prohibition on interference with telegraphic lines), for the words from “telegraphic line” onwards there shall be substituted the words “ telecommunication apparatus kept installed for the purposes of a telecommunications code system or include any right or power to require any such apparatus to be altered ”.

(3)For subsection (2) (application of section 7 of the Telegraph Act 1878 to authorised operations) there shall be substituted the following subsection:—“2 Where an authorisation has been granted under section 1 of this Act, paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply to the Board for the purposes of any authorised operations.”

(4)In subsection (3) (powers in relation to telegraphic lines where public right of way suspended), for the words from “telegraphic line” to “that line” there shall be substituted the words “ telecommunication apparatus kept installed for the purposes of a telecommunications code system, the operator of that system shall have the same rights in respect of that apparatus ”.

(5)For subsection (4) (meaning of “telegraphic line” and “alter”) there shall be substituted the following subsection:—“4 Paragraph 1(2) of the telecommunications code (alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of subsection (1) above as it applies for the purposes of that code.”

The Flood Prevention (Scotland) Act 1961

(39)

(1)The Flood Prevention (Scotland) Act 1961 shall be amended in accordance with the following provisions of this paragraph.

(2)In section 3(4) (flood prevention works affecting statutory undertakers to be carried out only with their consent, which shall not be unreasonably refused), for the words “except with the consent in writing of the statutory undertakers” there shall be substituted the words “ or any telecommunication apparatus kept installed for the purposes of a telecommunications code system or the running of any such system, except with the consent in writing of the statutory undertakers or, as the case may be, the operator of the system ”.

(3)In the proviso to paragraph 2 of Schedule 1 (temporary works not to interfere with certain telegraphic lines etc.), for the words from “telegraphic line” onwards there shall be substituted the words “ telecommunication apparatus kept installed for the purposes of a telecommunications code system or with the service provided by any such system. ”.

(4)In paragraph 3(1) of Schedule 2 (which specifies the persons on whom certain notices are to be served), for paragraph (e) there shall be substituted the following paragraph:—“e the operator of a telecommunications code system the running of which may be affected by any of the operations or by any alteration in the flow of water caused by the operations”

The Public Health Act 1961

(40)

The Pipe-lines Act 1962

(41)In section 40 of the Pipe-lines Act 1962 (avoidance of interference with telegraphic lines etc.)—

(a)in subsection (1), for the words from “telegraphic line” to “such line” there shall be substituted the words “ telecommunication apparatus kept installed for the purposes of a telecommunications code system or with the service provided by any such system ”; and

(b)for subsections (2) and (3) there shall be substituted the following subsection:—“2 Paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply, for the purposes of works in pursuance of a compulsory rights order, to the person authorised to execute those works.”

The Water Resources Act 1963

(42)

(1)In section 67 of the Water Resources Act 1963 (compulsory powers for carrying out engineering or building operations), after subsection (5) there shall be inserted the following subsection:—“5A An order under this section shall not authorise the doing of anything to or in relation to any telecommunication apparatus kept installed for the purposes of a telecommunications code system.”

(2)For section 130 of that Act (which applies section 7 of the ^noteTelegraph Act 1878 to engineering or building operations of a water authority) there shall be substituted the following section:—“130 Paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply to a water authority for the purposes of engineering or building operations of the authority.”

The Harbours Act 1964

(43)For section 53 of the Harbours Act 1964 (saving for telegraphic lines) there shall be substituted the following section:—“53 Paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply, for the purposes of works in pursuance of a harbour revision order and works authorised by a harbour empowerment order, to the person authorised to execute those works.”

The New Towns Act (Northern Ireland) 1965

(44)

(1)In section 25 of the New Towns Act (Northern Ireland) 1965 (extinguishment of public rights of way), after subsection (9) there shall be inserted the following subsections:—“9A Where in pursuance of an order under this section a public right of way over land is extinguished and, at the beginning of the day on which the order comes into operation there is under, in, on, over, along or across the land any telecommunication apparatus kept installed for the purposes of a telecommunications code system, the operator of that system shall have the same powers in respect of that apparatus as if the order had not come into operation; but any person entitled to land over which the right of way existed shall be entitled to require the alteration of the apparatus.9B Where the Department has approved an order under this section in respect of any right of way in circumstances in which subsection (9A) applies in relation to the operator of any telecommunications code system, the Department shall send a copy of the order to the operator.9C Paragraph 1(2) of the telecommunications code (alteration of apparatus to include moving, removal, or replacement of apparatus) shall apply for the purposes of subsection (9A) as it applies for the purposes of that code.9D Paragraph 21 of the telecommunications code (restriction on removal of telecommunication apparatus) shall apply in relation to any entitlement conferred by this section to require the alteration, moving or replacement of any telecommunication apparatus as it applies in relation to an entitlement to require the removal of any such apparatus.”

(2)In relation to an order under section 25 of the said Act of 1965 coming into force before the appointed day, paragraph 76(2) of Schedule 3 to the 1981 Act (which made provision corresponding to sub-paragraph (1) above in relation to British Telecommunications) shall have effect, notwithstanding any repeal made by this Act, as it has effect immediately before the coming into force of sub-paragraph (1) above.

The Housing (Scotland) Act 1966

(45)After section 57 of the Housing (Scotland) Act 1966, in Part III of that Act (clearance), there shall be inserted the following section:—“57A Paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply to a local authority for the purposes of any works which they are authorised to execute under this Part of this Act.”

The Countryside (Scotland) Act 1967

(46)

(1)In section 11(5)(f) of the Countryside (Scotland) Act 1967 (under which land covered by works used for the purposes of a statutory undertaking is excepted land for the purposes of Part II of that Act), after the words “statutory undertaking” there shall be inserted the words “ or a telecommunications code system ”.

(2)In subsection (7) of section 38 of that Act (saving in respect of telegraphic lines in the case of the closure or diversion of a public path), for the words from “any telegraphic line” to the end of the proviso there shall be substituted the words “ any telecommunication apparatus kept installed for the purposes of a telecommunications code system, the operator of that system shall have the same powers in respect of the telecommunication apparatus as if the order had not come into force; but any person entitled to land over which the path subsisted shall be entitled to require the alteration of the apparatus ”; and after that subsection there shall be inserted the following subsections:—“8 Paragraph 1(2) of the telecommunications code (alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of the preceding provisions of this section as it applies for the purposes of that code.9 Paragraph 21 of the telecommunications code (restriction on removal of apparatus) shall apply in relation to any entitlement conferred by this section to require the alteration, moving or replacement of any telecommunication apparatus as it applies in relation to an entitlement to require the removal of any such apparatus.”

(3)In relation to any such order as is mentioned in the said subsection (7) coming into force before the appointed day, that subsection shall have effect, notwithstanding any repeal made by this Act, as it has effect immediately before the coming into force of sub-paragraph (2) above.

(4)In subsection (6) of section 54 of the said Act of 1967 (byelaws for the protection of the countryside etc. not to interfere with the exercise of functions by statutory undertakers), at the end there shall be inserted the words “ or with the running of a telecommunications code system or the exercise of any right conferred by or in accordance with the telecommunications code on the operator of any such system. ”.

The New Towns (Scotland) Act 1968

(47)

(1)The New Towns (Scotland) Act 1968 shall be amended in accordance with the following provisions of this paragraph.

(2)In section 14(2) (under which provisions as to extinguishment of rights over land do not apply in relation to rights and apparatus of statutory undertakers), at the end there shall be inserted the words “ or to any right conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system or to any telecommunication apparatus kept installed for the purposes of any such system. ”.

(3)In the proviso to section 19(1) (under which the power to override servitudes etc. shall not be used to interfere with rights vested in or belonging to statutory undertakers), at the end there shall be inserted the words “ or a right conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system. ”.

(4)For section 24 (which contains provision with respect to telegraphic lines where a public right of way is extinguished under that Act) there shall be substituted the following section:—“24 1 Where an order under section 23 of this Act extinguishing a public right of way is made on the application of a development corporation or local highway authority, and at the time of the publication of the notice required by subsection (2) of that section any telecommunication apparatus was kept installed for the purposes of a telecommunications code system under, in, on, over, along or across the land over which the right of way subsisted—a the power of the operator of the system to remove the apparatus shall, notwithstanding the making of the order, be exercisable at any time not later than the end of the period of three months from the date on which the right of way is extinguished, and shall be exercisable in respect of the whole or any part of the apparatus after the end of that period if before the end of that period the operator of the system has given notice to the corporation or authority of his intention to remove the apparatus or that part of it, as the case may be;b the operator of the system may by notice given in that behalf to the corporation or authority not later than the end of the said period of three months abandon the telecommunication apparatus or any part of it;c subject to paragraph (b) above, the operator of the system shall be deemed at the end of that period to have abandoned any part of the apparatus which he has then neither removed nor given notice of his intention to remove;d the operator of the system shall be entitled to recover from the corporation or authority the expense of providing, in substitution for the apparatus and any other telecommunication apparatus connected with it which is rendered useless in consequence of the removal or abandonment of the first-mentioned apparatus, any telecommunication apparatus in such other place as the operator may require;e where under the foregoing provisions of this subsection the operator of the system has abandoned the whole or any part of any telecommunication apparatus, that apparatus or that part of it shall vest in the corporation or authority and shall be deemed, with its abandonment, to cease to be kept installed for the purposes of a telecommunications code system.2 Where the Secretary of State makes an order under section 23 of this Act in relation to a right of way in circumstances in which subsection (1) of this section applies in relation to the operator of any telecommunications code system, the Secretary of State shall send a copy of the order to the operator.”

(5)Where in any case a notice has been given before the appointed day under section 23(2) of the said Act of 1968 (notice of proposal to extinguish right of way) section 24 of that Act shall have effect in relation to that case, notwithstanding any repeal made by this Act, as it has effect immediately before the coming into force of sub-paragraph (4) above.

(6)In section 26 (extinguishment of rights of way and rights as to apparatus of statutory undertakers), after subsection (7) there shall be inserted the following subsection:—“8 Except in a case in which section 24 above has effect—a the reference in paragraph (a) of subsection (2) above to a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking shall include a reference to a right conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system; andb the reference in paragraph (b) of that subsection to apparatus vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking shall include a reference to telecommunication apparatus kept installed for the purposes of any such system;and for the purposes of this subsection, in this section (except in the said paragraphs (a) and (b)) and in Schedule 5 to this Act and section 27 below, references to statutory undertakers shall have effect as references to the operator of any such system, references, in relation to such an operator, to the carrying on of his undertaking shall have effect as references to the running of the telecommunications code system in question and references to the appropriate Minister shall have effect as references to the Secretary of State for Trade and Industry.”

(7)After section 36 (which, with section 35, makes provision for the transfer etc. of the undertakings of development corporations) there shall be inserted the following section:—“36A Sections 35 and 36 of this Act shall have effect as if references to statutory undertakers included references to the operator of any telecommunications code system and as if for this purpose—a references to a statutory undertaking were references to the running of such a system; andb references to the appropriate Minister were references to the Secretary of State for Trade and Industry.”

The Countryside Act 1968

(48)

(1)In subsections (4) and (12) of section 41 of the Countryside Act 1968 (certain byelaws not to interfere with exercise of certain functions), at the end there shall be inserted the words “ or with the running of a telecommunications code system or the exercise of any right conferred by or in accordance with the telecommunications code on the operator of any such system ”.

(2)In paragraph 6 of Schedule 2 to that Act (saving for rights of statutory undertakers), at the end there shall be inserted the words “ or to any right conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system. ”.

The Sewerage (Scotland) Act 1968

(49)In section 22(1) of the Sewerage (Scotland) Act 1968 (Part I of that Act not to authorise interference with carrying on of a statutory undertaking), for the words from “without” onwards there shall be substituted the words “ or the running of a telecommunications code system without the consent of the statutory undertakers concerned or, as the case may be, of the operator of that system. ”.

The Post Office Act 1969

(50). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Roads (Scotland) Act 1970

(51)

(1)The Roads (Scotland) Act 1970 shall be amended in accordance with the following provisions of this paragraph.

(2)In subsection (6) of section 7 (power to divert waters after consulting local authority and other bodies acting under statutory powers), at the end there shall be inserted the words “ ; and in subsection (3) above the reference to a body acting under statutory powers includes a reference to the operator of a telecommunications code system (whether or not a body) acting in pursuance of any right conferred by or in accordance with the telecommunications code. ”.

(3)For subsection (3) of section 9 (which applies section 7 of the ^noteTelegraph Act 1878 to work authorised by a scheme made by a highway authority) there shall be substituted the following subsections:—“3 Paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply, for the purposes of any works authorised by a scheme made by a highway authority under this section, to the person authorised to do the works.4 Sub-paragraph (8) of paragraph 23 of the telecommunications code (offence) shall be deemed to be omitted for the purposes of the application by this section of that paragraph to a highway authority in relation to a trunk road.”

(4)In section 50 (interpretation)—

(a)in subsection (1), for the definition of statutory undertakers there shall be substituted the following definition:—“• “statutory undertakers” means—(a) any statutory undertakers as defined in section 275(1) of the Town and Country Planning (Scotland) Act 1972;(b) the Post Office; and(c) except in section 39(4) of this Act, the operator of any telecommunications code system;”

(b)after subsection (2) there shall be inserted the following subsection—“2A Any reference in this Act to apparatus belonging to statutory undertakers shall, in relation to the operator of a telecommunications code system, have effect as a reference to telecommunication apparatus kept installed for the purposes of that system.”

The Harbours Act (Northern Ireland) 1970

(52)For section 37 of the Harbours Act (Northern Ireland) 1970 (which applies sections 6 and 7 of the Telegraph Act 1878 in relation to a harbour order) there shall be substituted the following section:—“37 Paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply to a person authorised by a harbour order to execute any works, for the purposes of those works.”

The Town and Country Planning (Scotland) Act 1972

(54). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Electricity Supply (Northern Ireland) Order 1972

(55)

(1)

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)The employing authority may issue a certificate without an application from the member, but need not issue a certificate if he does not apply for one within 12 months after the date of reduction.

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Planning (Northern Ireland) Order 1972

(56)

(1)The power to make a development order under Article 13 of the Planning (Northern Ireland) Order 1972 (development orders) shall include power—

(a)to repeal paragraph 12(3) of Schedule 5 to that Order and sub-paragraph (5) below; and

(b)to make any such provision as is mentioned in that Article in relation to cases in which planning permission is required by virtue of that repeal;

and the power conferred by virtue of this sub-paragraph shall include power to make different provision for different cases.

(2)In Article 80(2) of that Order (copies of notices to be served on certain persons), at the end there shall be inserted the words “ and on the operator of any telecommunications code system for the purposes of which any telecommunication apparatus is kept installed along, across, under or over any such land. ”.

(3)For Article 81 of that Order (telegraphic lines) there shall be substituted the following Article;—“81 1 Where an order is made under Article 79 and immediately before the date on which the order became operative there was, under, in, on, over, along or across the right of way any telecommunication apparatus kept installed for the purposes of a telecommunications code system, the operator of that system shall have the same powers in respect of that apparatus as if the order had not become operative; but the Department shall be entitled to require the alteration of the apparatus.2 If the operator of a telecommunications code system removes any telecommunication apparatus in circumstances in which paragraph (1) applies and serves a notice on the Department notifying the Department of the removal, the operator shall be entitled to recover from the Department the expense of providing in substitution for the apparatus and any telecommunication apparatus connected therewith which is rendered useless in consequence of the removal, any telecommunication apparatus in such other place as the operator may require.3 Paragraph 1(2) of the telecommunications code (alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of the preceding provisions of this Article as it applies for the purpose of that code.4 Paragraph 21 of the telecommunications code (restriction on removal of apparatus) shall apply in relation to any entitlement conferred by this Article to require the alteration, moving or replacement of any telecommunication apparatus as it applies in relation to an entitlement to require the removal of any such apparatus.”

(4)In relation to an order under Article 79 of that Order which becomes operative before the appointed day, Article 81 of that Order shall have effect, notwithstanding any repeal made by this Act, as it has effect immediately before the coming into force of sub-paragraph (3) above.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Fair Trading Act 1973

(57). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Drainage (Northern Ireland) Order 1973

(58)

(1)For paragraph 3 of Schedule 9 to the Drainage (Northern Ireland) Order 1973, there shall be substituted the following paragraph;—“3 1 Subject to the provisions of this paragraph, nothing in this Order or any scheme made thereunder shall affect any rights conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system or authorise the Department to interfere with any telecommunication apparatus kept installed for the purposes of any such system.2 Where for the purposes of carrying out any scheme, the Department diverts or closes any public road, or any part of a public road, under, in, on, over, along or across which there is any telecommunication apparatus kept installed for the purposes of a telecommunications code system, the operator of that system shall have the same powers in respect of that apparatus as if such road or part had not been diverted or closed; but the Department or any person in whom the site of that road, or part of a road, is vested shall be entitled to require the alteration of the apparatus.3 Paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply to the Department for the purposes of the carrying out of any drainage scheme or of a confirmed scheme under Schedule 7.4 Paragraph 1(2) of the telecommunications code (alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of the preceding provisions of this paragraph as it applies for the purposes of the code.5 Paragraph 21 of the telecommunications code (restriction on removal of apparatus) shall apply in relation to any entitlement conferred by this paragraph to require the alteration, moving or replacement of any telecommunication apparatus as it applies in relation to an entitlement to require the removal of any such apparatus.”

(2)Where in any case a public road or part of a public road is diverted or closed as mentioned in sub-paragraph (2) of paragraph 3 of the said Schedule 9 before the appointed day, that paragraph shall have effect in relation to that case, notwithstanding any repeal made by this Act, as it has effect immediately before the coming into force of sub-paragraph (1) above.

The Water and Sewerage Services (Northern Ireland) Order 1973

(59)In article 58 of the Water and Sewerage Services (Northern Ireland) Order 1973 (protection of telegraphic and telephonic wires), in paragraph (1), for the words “telegraphic, telephonic or electric signalling communication” there shall be substituted the word “ telecommunications ”.

The Consumer Credit Act 1974

(60)

(1)In section 16(6) of the Consumer Credit Act 1974 (power by order to provide exemption from the regulation of consumer hire agreements), for the words after paragraph (b) there shall be substituted the words “ or where the owner is a public telecommunications operator specified in the order ”.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Housing (Scotland) Act 1974

(61)

(1)After section 36 of the Housing (Scotland) Act 1974, in Part II of that Act (substandard houses), there shall be inserted the following section;—“36A 1 Paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply to a local authority for the purposes of any works which they are authorised to execute under this Part of this Act.2 Where in pursuance of an order under section 33 of this Act a public right of way over land is extinguished or a street is closed or diverted, and, at the beginning of the day on which the order comes into operation, there is under, in, on, over, along or across the land or street any telecommunication apparatus kept installed for the purposes of a telecommunications code system, the operator of that system shall have the same powers in respect of that apparatus as if the order had not come into operation; but any person entitled to land over which the right of way subsisted shall be entitled to require the alteration of the apparatus.3 The proviso to subsection (4) of the said section 33 shall have effect in relation to any right conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system and to telecommunication apparatus kept installed for the purposes of any such system as it has effect in relation to rights vested in and apparatus belonging to statutory undertakers.4 Paragraph 1(2) of the telecommunications code (alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of the preceding provisions of this section as it applies for the purposes of that code.5 Paragraph 21 of the telecommunications code (restriction on removal of telecommunication apparatus) shall apply in relation to any entitlement conferred by this section to require the alteration, moving or replacement of any telecommunication apparatus as it applies in relation to an entitlement to require the removal of any such apparatus.”

(2)In relation to an order under section 33 of the said Act of 1974 coming into force before the appointed day, paragraph 47 of Schedule 3 to the 1981 Act (which made provision corresponding to sub-paragraph (1) above in relation to British Telecommunications) shall have effect, notwithstanding any repeal made by this Act, as it has effect immediately before the coming into force of sub-paragraph (1) above.

The Scottish Development Agency Act 1975

(63)For subsection (8) of section 10 of the Scottish Development Agency Act 1975 (saving for Telegraph Acts 1863 to 1916 in respect of powers of entry) there shall be substituted the following subsection:—“8 Nothing in this section shall affect any rights conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system or any duty of any such operator under that code or apply to any telecommunication apparatus kept installed for the purposes of any such system.”

The Restrictive Trade Practices Act 1976

(65)

The Land Drainage Act 1976

(66)

(1)In section 23(4) of the Land Drainage Act 1976 (notice of arrangements to be given to British Telecommunications and to be published), for the words from “give” to “like notice” there shall be substituted the words “ publish a notice of their intention ”.

(2)In section 112(2) of that Act (which specifies the undertakings whose property and works are not to be interfered with by work under that Act), after paragraph (d) there shall be inserted the following paragraph:—“e any undertaking consisting in the running of a telecommunications code system.”

The Development of Rural Wales Act 1976

(67). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Gas (Northern Ireland) Order 1977

(68). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Rates (Northern Ireland) Order 1977

(69). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Land Registration (Scotland) Act 1979

(71). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Estate Agents Act 1979

(72). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Competition Act 1980

(73). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Water (Scotland) Act 1980

(74)

(1)Schedule 4 to the Water (Scotland) Act 1980 (provisions to be incorporated in orders relating to water undertakers) shall be amended in accordance with the following provisions of this paragraph.

(2)In the proviso to section 4 of the Schedule (subsidiary works not to interfere with telegraphic lines etc), for the words from “telegraphic line” onwards there shall be substituted the words “ telecommunication apparatus kept installed for the purposes of a telecommunications code system or with the service provided by any such system. ”.

(3)Section 5 of the Schedule (which confers power on a water undertaking to operate a system of telegraphic communication) shall cease to have effect.

(4)In section 36 of the Schedule, for paragraph (a) of the proviso (works under that section not to interfere with telegraphic lines) there shall be substituted the following paragraph:—“a any telecommunication apparatus kept installed for the purposes of a telecommunications code system, except in accordance with, and subject to the provisions of, the telecommunications code; or”

(5)Without prejudice to section 20(2) of the ^noteInterpretation Act 1978 (references to enactments), references in this paragraph to the said Schedule 4 shall include references to that Schedule as incorporated or applied by or under any enactment.

The Local Government, Planning and Land Act 1980

(75)

(1)Schedule 28 to the Local Government, Planning and Land Act 1980 shall be amended as follows.

(2)In paragraph 5(2) (under which provisions as to extinguishment of rights over land do not apply in relation to rights and apparatus of statutory undertakers), at the end there shall be inserted the words “ or to any right conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system or to any telecommunication apparatus kept installed for the purposes of any such system ”.

(3)In paragraph 6(2) (under which the power to override easements etc. shall not be used to interfere with rights vested in, or belonging to, statutory undertakers), at the end there shall be inserted the words “ or a right conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system ”.

(4)For paragraph 13 (which contains provision with respect to telegraphic lines where a public right of way is extinguished under that Schedule) there shall be substituted the following paragraph:—“13 1 Where an order under paragraph 11 above extinguishing a public right of way is made on the application of an urban development corporation or local highway authority, and at the time of the publication of the notice required by sub-paragraph (2) of that paragraph any telecommunication apparatus was kept installed for the purposes of a telecommunications code system under, in, on, over, along or across the land over which the right of way subsisted—a the power of the operator of the system to remove the apparatus shall, notwithstanding the making of the order, be exercisable at any time not later than the end of the period of three months from the date on which the right of way is extinguished and shall be exercisable in respect of the whole or any part of the apparatus after the end of that period if before the end of that period the operator of the system has given notice to the corporation or authority of his intention to remove the apparatus or that part of it, as the case may be;b the operator of the system may by notice given in that behalf to the corporation or authority not later than the end of the said period of three months abandon the telecommunication apparatus or any part of it;c subject to paragraph (b), the operator of the system shall be deemed at the end of that period to have abandoned any part of the apparatus which he has then neither removed nor given notice of his intention to remove;d the operator of the system shall be entitled to recover from the corporation or authority the expense of providing, in substitution for the apparatus and any other telecommunication apparatus connected with it which is rendered useless in consequence of the removal or abandonment of the first-mentioned apparatus, any telecommunication apparatus in such other place as the operator may require;e where under the preceding provisions of this sub-paragraph the operator of the system has abandoned the whole or any part of any telecommunication apparatus, that apparatus or that part of it shall vest in the corporation or authority and shall be deemed, with its abandonment, to cease to be kept installed for the purposes of a telecommunications code system.2 As soon as practicable after the making of an order under paragraph 11 above extinguishing a public right of way in circumstances in which sub-paragraph (1) above applies in relation to the operator of any telecommunications code system, the Secretary of State shall give notice to the operator of the making of the order.”

(5)Where in any case a notice has been given before the appointed day under paragraph 11(2) of the said Schedule 28 (notice of proposal to extinguish right of way) paragraph 13 of the said Schedule 28 shall have effect in relation to that case, notwithstanding any repeal made by this Act, as it has effect immediately before the coming into force of sub-paragraph (4) above.

(6)In paragraph 14 (extinguishment of rights of way and rights as to apparatus of statutory undertakers), for sub-paragraphs (7) and (8) there shall be substituted the following sub-paragraph:—“7 Except in a case in which paragraph 13 above has effect—a the reference in paragraph (a) of sub-paragraph (1) above to a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking shall include a reference to a right conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system; andb the reference in paragraph (b) of that sub-paragraph to apparatus vested in or belonging to statory undertakers for the purpose of the carrying on of their undertaking shall include a reference to telecommunication apparatus kept installed for the purposes of any such system;and for the purposes of this sub-paragraph, in this paragraph (except the said paragraphs (a) and (b)) and in paragraph 15 below, references to statutory undertakers shall have effect as references to the operator of any such system and references to the appropriate Minister shall have effect as references to the Secretary of State for Trade and Industry.”

(7)In paragraph 16 (notice given by statutory undertakers), after sub-paragraph (8) there shall be inserted the following sub-paragraph:—“9 In sub-paragraph (1)(a) above, the reference to apparatus vested in or belonging to statutory undertakers shall include a reference to telecommunication apparatus kept installed for the purposes of a telecommunications code system; and for the purposes of this sub-paragraph, in this paragraph references (except in the said sub-paragraph (1)(a)) to statutory undertakers shall have effect as references to the operator of any such system and references to the appropriate Minister shall have effect as references to the Secretary of State for Trade and Industry.”

The Highways Act 1980

(76)

(1)The Highways Act 1980 shall be amended in accordance with the following provisions of this paragraph.

(2)In section 35 (creation of walkways by agreement)—

(a)in subsection (11)(c), for the words from “authorities” to “place” there shall be substituted for words “ authorities and the operators of telecommunications code systems to place ”; and

(b)in subsection (12), for the words from “authorities” to “place” there shall be substituted the words “ authorities or the operators of telecommunications code systems to place ”.

(3)In section 115D (which limits the way in which certain powers may be exercised), at the end there shall be inserted the words“; ord as to prevent the operator of a telecommunications code system having access to any telecommunication apparatus kept installed for the purposes of that system under, in, on or over the highway.”

(4)In section 142(5) (under which licences to plant trees may contain conditions for the protection of the apparatus of statutory undertakers), for the words from “and”, in the fourth place where it occurs, onwards there shall be substituted the words “ and the operators of telecommunications code systems ”.

(5)In subsection (6) of section 144 (powers to erect flagpoles on highways), in the definition of “statutory undertakers”, at the end there shall be inserted the words “ and the operator of a telecommunications code system ”.

(6)In section 156(4) (which authorises works relating to an overhead telegraphic line), for the words “an overhead telegraphic line” there shall be substituted the words “ overhead telecommunication apparatus ”.

(7)In section 157(9) (meaning of undertakers), for the words from “means” onwards there shall be substituted the words “ means persons having powers to break up or open highways in Greater London for the purposes of any sewerage system, any water, gas, electricity, tramway or other undertaking or any telecommunications code system ”.

(8)In section 169(4) (which, among other things, defines “statutory undertakers” for the purposes of provisions relating to scaffolding and building materials in highways), at the end there shall be inserted the words “ and the operator of a telecommunications code system ”.

(9)In subsection (3) of section 170 (control of mixing of mortar on highways), in the definition of “statutory undertakers”, at the end there shall be inserted the words “ and the operator of a telecommunications code system ”.

(10)In section 177 (restriction on construction of buildings over highways)—

(a)in subsection (4) (no interference with the rights of statutory undertakers), for the words from “statutory undertakers” onwards there shall be substituted the words “ statutory undertakers or the operator of a telecommunications code system ”; and

(b)for subsection (12) (which applies section 7 of the ^noteTelegraph Act 1878 to work authorised or required by a licence under section 177) there shall be substituted the following subsection:—“12 Paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply, for the purposes of works authorised or required by a licence under this section to be executed, to the licensee.”

(11)In section 178(5) (statutory undertakers for the purposes of the licensing of the placing of rails, beams, etc.), for the words from “and”, in the second place where it occurs, onwards there shall be substituted the words “ the Post Office and the operator of a telecommunications code system are to be deemed to be statutory undertakers ”.

(12)In section 181 (provisions relating to placing of certain apparatus in highways)—

(a)in subsection (7) (which relates to licences of the Secretary of State or British Telecommunications), for the words from “licence”, in the third place where it occurs, to “required” there shall be substituted the words “ licence of the Secretary of State is required ”;

(b)in subsection (8) (which provides that that section does not apply to the apparatus of statutory undertakers), at the end there shall be inserted the words “ or to any apparatus which the operator of a telecommunications code system places, maintains, repairs or reinstates in or under the highway in question in pursuance of a right conferred by or in accordance with the telecommunications code. ”; and

(c)in subsection (9) (meaning of statutory undertakers), for the words from “include” onwards there shall be substituted the words “ except in subsection (8) above, include the operator of a telecommunications code system ”.

(13)In section 329 (interpretation), after subsection (4) there shall be inserted the following subsection:—“4A Any reference in this Act to apparatus belonging to, or used or maintained by the operator of a telecommunications code system shall have effect as a reference to telecommunication apparatus kept installed for the purposes of that system.”

(14)For section 334 (savings for British Telecommunications) there shall be substituted the following section:—“334 1 Subject to the provisions of this section, nothing in this Act or in any scheme or order made under it affects any rights conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system or any duty of any such operator under that code or applies to any telecommunication apparatus kept installed for the purposes of any such system; but this subsection does not affect the operation of sections 156 to 159 above.2 Where—a land is conveyed by a highway authority in pursuance of section 256 above, orb a highway is stopped up or diverted in pursuance of an order to which this paragraph applies,and immediately before the conveyance or, as the case may be, at the beginning of the day on which the order comes into force there is under, in, upon, over, along or across the land conveyed or, as the case may be, the highway stopped up or diverted any telecommunication apparatus kept installed for the purposes of a telecommunications code system, then the provisions of subsection (3) below have effect.Paragraph (b) above applies to the following orders, namely an order made or confirmed by the Minister under section 14 or 18 above, a public path extinguishment order and a public path diversion order.3 In the circumstances mentioned in subsection (2) above, the operator of the telecommunications code system has the same power in respect of the telecommunication apparatus as if the conveyance had not been made or, as the case may be, the order had not come into force; but the transferee of the land or, as the case may be, any person entitled to land over which the stopped up or diverted highway subsisted shall be entitled to require the alteration of the apparatus.4 Where in pursuance of an order made by a magistrates’ court under section 116 above a highway is stopped up or diverted, the following provisions of this subsection have effect in relation to so much of any telecommunication apparatus kept installed for the purposes of a telecommunications code system as is under, in, upon, over, along or across land which by reason of the stopping up or diversion ceases to be a highway ("the affected apparatus’)—a the power of the operator of the system to remove the affected apparatus is exercisable notwithstanding the making of the order, so however that the said power is not exercisable, as respects the whole or any part of the affected apparatus, after the expiration of a period of 3 months from the date of the sending of the notice referred to in subsection (5) below unless before the expiration of that period the operator of the system has given notice to the authority on whose application the order was made of his intention to remove the affected apparatus or that part of it, as the case may be;b the operator of the system may by notice in that behalf to the said authority abandon the affected apparatus or any part of it, and is to be deemed, as respects the affected apparatus or any part of it, to have abandoned it at the expiration of the said period of 3 months unless before the expiration of that period he has removed it or given notice of his intention to remove it;c the operator of the system is entitled to recover from the said authority the expense of providing, in substitution for the affected apparatus and any telecommunication apparatus connected with it which is rendered useless in consequence of the removal or abandonment of the affected apparatus, any telecommunication apparatus in such other place as he may require;d where under paragraph (b) above the operator of the system has abandoned the whole or any part of the affected apparatus, it vests in the authority there referred to and shall be deemed, with its abandonment, to cease to be kept installed for the purposes of a telecommunications code system.5 As soon as practicable after the making of an order under section 116 above in circumstances in which subsection (4) above applies in relation to the operator of any telecommunications code system the authority on whose application the order was made shall by notice to the operator inform him of the making of the order.6 Where an order under section 14 or 18 above provides for the alteration of a highway and, immediately before the date on which the order comes into force, there is under, in, upon, over, along or across the highway any telecommunication apparatus kept installed for the purposes of a telecommunications code system, the highway authority shall be entitled to require the alteration of the apparatus.This subsection does not have effect so far as it relates to the alteration of any telecommunication apparatus for the purposes of authority’s works as defined in Part II of the Public Utilities Street Works Act 1950.7 Where in pursuance of an order under section 14 or 18 above a highway is stopped up or diverted, or an order under either of those sections provides for the alteration of a highway, and, immediately before the date on which the order comes into force, there is under, in, upon, over, along or across the highway any telecommunication apparatus kept installed for the purposes of a telecommunications code system then, without prejudice to subsections (2), (3) and (6) above, the provisions of subsection (8) below have effect.8 Paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply, for the purposes of the construction or improvement of the trunk road, special road or classified road, as the case may be, to which the order relates and of any works authorised by the order, to the Minister or other highway authority by whom the order in question was made.9 Without prejudice to the code in Part II of the Public Utilities Street Works Act 1950 (relations between an authority carrying out road alterations and undertakers whose apparatus is thereby affected) the said paragraph 23 shall apply for the purposes of—a any work authorised or required by an order under section 93 above to be done by a highway authority or the owners of a bridge,b any work which a highway authority is authorised to carry out under section 96 above, andc any work authorised or required by a licence under section 176 above to be done by the person to whom the licence is granted,to the authority or person authorised or required to carry out the work.10 Where, in pursuance of any order or scheme made or confirmed under this Act, a navigable watercourse is diverted and, immediately before the date on which the order or scheme comes into force, there is under, in, upon, over, along or across the watercourse, or any towing path or other way adjacent to it, any telecommunications code system, the operator of that system has the same powers in respect of that apparatus as if the order or scheme had not come into force; but—a the highway authority by whom the order or scheme was made, orb any person entitled to land on which so much of the watercourse, towing path or way as is diverted in pursuance of the order or scheme was previously situated,shall be entitled to require the alteration of the apparatus.11 Sub-paragraph (8) of paragraph 23 of the telecommunications code (offence) shall be deemed to be omitted for the purposes of the application by this section of that paragraph to the Minister.12 Paragraph 1(2) of the telecommunications code (alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of the preceding provisions of this section as it applies for the purposes of that code.13 Paragraph 21 of the telecommunications code (restriction on removal of telecommunication apparatus) shall apply in relation to any entitlement conferred by this section to require the alteration, moving or replacement of any telecommunication apparatus as it applies in relation to an entitlement to require the removal of any such apparatus.”

(15)In relation—

(a)to a conveyance before the appointed day made in pursuance of section 256 of the ^noteHighways Act 1980, and

(b)to an order coming into force before the appointed day to which subsection (2)(b), (4), (6), (7) or (10) of section 334 of that Act applies immediately before that day,

the said section 334 shall have effect, notwithstanding any repeal made by this Act, as it has effect immediately before the coming into force of sub-paragraph (14) above.

The Roads (Northern Ireland) Order 1980

(77). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The British Telecommunications Act 1981

(78). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The New Towns Act 1981

(79)

(1)The New Towns Act 1981 shall be amended in accordance with the following provisions of this paragraph.

(2)In section 16(2) (under which provisions as to extinguishment of rights over land do not apply in relation to rights and apparatus of statutory undertakers), at the end there shall be inserted the words “ or to any right conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system or to any telecommunication apparatus kept installed for the purposes of any such system. ”.

(3)In section 19(2) (under which the power to override easements etc. shall not be used to interfere with rights vested in or belonging to statutory undertakers), at the end there shall be inserted the words “ or a right conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system. ”.

(4)For section 24 (which contains provision with respect to telegraphic lines where a public right of way is extinguished under that Act) there shall be substituted the following section:—“24 1 Where an order under section 23 of this Act extinguishing a public right of way is made on the application of a development corporation or local highway authority, and at the time of the publication of the notice required by subsection (2) of that section any telecommunication apparatus was kept installed for the purposes of a telecommunications code system under, in, over, along or across the land over which the right of way subsisted—a the power of the operator of the system to remove the apparatus shall, notwithstanding the making of the order, be exercisable at any time not later than the end of the period of three months from the date on which the right of way is extinguished and shall be exercisable in respect of the whole or any part of the apparatus after the end of that period if before the end of that period the operator of the system has given notice to the corporation or authority of his intention to remove the apparatus or that part of it, as the case may be;b the operator of the system may by notice given in that behalf to the corporation or authority not later than the end of that period of three months abandon the telecommunication apparatus or any part of it;c subject to paragraph (b) above, the operator of the system shall be deemed at the end of that period to have abandoned any part of the apparatus which he has then neither removed nor given notice of his intention to remove;d the operator of the system shall be entitled to recover from the corporation or authority the expenses of providing, in substitution for the apparatus and any other telecommunication apparatus connected with it which is rendered useless in consequence of the removal or abandonment of the first-mentioned apparatus, any telecommunication apparatus in such other place as the operator may require;e where under the preceding provisions of this subsection the operator of the system has abandoned the whole or any part of any telecommunication apparatus, that apparatus or that part of it shall vest in the corporation or authority and shall be deemed, with its abandonment, to cease to be kept installed for the purposes of a telecommunications code system.2 Where the Secretary of State makes an order under section 23 above in circumstances in which subsection (1) above applies in relation to the operator of any telecommunications code system, the Secretary of State shall send a copy of the order to the operator.”

(5)Where in any case a notice has been given before the appointed day under section 23(2) of the said Act of 1981 (notice of proposal to extinguish right of way), section 24 of that Act shall have effect in relation to that case, notwithstanding any repeal made by this Act, as it has effect immediately before the coming into force of sub-paragraph (4) above.

(6)In section 26 (extinguishment of rights of way and rights as to apparatus of statutory undertakers), for subsection (8) there shall be substituted the following subsection:—“8 Except in a case in which section 24 above has effect—a the reference in paragraph (a) of subsection (2) above to a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking shall include a reference to a right conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system; andb the reference in paragraph (b) of that subsection to apparatus vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking shall include a reference to telecommunication apparatus kept installed for the purposes of any such system;and for the purposes of this subsection, in this section (except in the said paragraphs (a) and (b)) and in Schedule 7 to this Act and section 27 below, references to statutory undertakers shall have effect as references to the operator of any such system, references, in relation to such an operator, to the carrying on of his undertaking shall have effect as references to the running of the telecommunications code system in question and references to the appropriate Minister shall have effect as references to the Secretary of State for Trade and Industry.”

(7)In section 39 (power of development corporation to transfer undertakings), after subsection (6) there shall be inserted the following subsection:—“7 This section shall have effect as if references to statutory undertakers included references to the operator of any telecommunications code system and as if for this purpose—a references to a statutory undertaking were references to the running of such a system; andb references to the appropriate Minister were references to the Secretary of State for Trade and Industry.”

The Acquisition of Land Act 1981

(80)

(1)At the end of section 28 of the Acquisition of Land Act 1981 (acquisition of rights over land by the creation of new rights) there shall be added the following paragraph:—“f section 34(3) of the Telecommunications Act 1984”

(2)In section 32 of that Act (power to extinguish certain rights of way), after subsection (6) (which contains a saving in relation to the apparatus of statutory undertakers) there shall be inserted the following subsection:—“6A In subsection (6) above the reference to apparatus belonging to statutory undertakers shall include a reference to telecommunication apparatus kept installed for the purposes of a telecommunications code system and in relation to any such apparatus—a the references to the undertakers shall have effect as references to the operator of the system in question; andb the reference to the appropriate Minister shall have effect as a reference to the Secretary of State.”

The Broadcasting Act 1981

(81)In section 3 of the Broadcasting Act 1981 (powers of the IBA)—

(a)in subsection (1)(c), for the words “British Telecommunications” there shall be substituted the words “ operators of telecommunications code systems ”; and

(b)in subsection (7), for the words “section 15 of the ^noteBritish Telecommunications Act 1981” there shall be substituted the words “ section 7 of the Telecommunications Act 1984 ”.

The Housing (Northern Ireland) Order 1981

(82)

(1)After Article 159 of the Housing (Northern Ireland) Order 1981 there shall be inserted the following Article:—“159A 1 Paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply to the Executive for the purposes of any works which it is authorised to execute under Chapter II, III or V of Part III.2 Where in pursuance of an order under Article 51 a public right of way over land is extinguished and, at the beginning of the day on which the order comes into operation, there is under, in, on, over, along or across the land any telecommunication apparatus kept installed for the purposes of a telecommunications code system, the operator of that system shall have the same powers in respect of that apparatus as if the order had not come into operation; but any person entitled to land over which the right of way subsisted shall be entitled to require the alteration of the apparatus.3 Paragraph 1(2) of the telecommunications code (alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of the preceding provisions of this Article as it applies for the purposes of that code.4 Paragraph 21 of the telecommunications code (restriction on removal of telecommunication apparatus) shall apply in relation to any entitlement conferred by this Article to require the alteration, moving or replacement of any telecommunication apparatus as it applies in relation to an entitlement to require the removal of any such apparatus.”

(2)In relation to an order under Article 51 of the said Order of 1981 coming into force before the appointed day, paragraph 76(2) of Schedule 3 to the 1981 Act (which made provision corresponding to sub-paragraph (1) above in relation to British Telecommunications) shall have effect, notwithstanding any repeal made by this Act, as it has effect immediately before the coming into force of sub-paragraph (1) above.

The Planning Blight (Compensation) (Northern Ireland) Order 1981

(83)In Article 2(2) of the Planning Blight (Compensation) (Northern Ireland) Order 1981, in the definition of “appropriate authority” after the word “body”, there shall be inserted the words “ or person ”.

The Civil Aviation Act 1982

(84)In section 48(7)(b) of the Civil Aviation Act 1982 (by virtue of which British Telecommunications is deemed to be an electricity undertaker for the purposes of a provision requiring notice to be given of proposals to stop up or divert a highway), for the words “British Telecommunications” there shall be substituted the words “ the operator of a telecommunications code system ”.

The Cinematograph (Amendment) Act 1982

(85)In section 1 of the ^noteCinematograph (Amendment) Act 1982 (extension of Cinematograph Act 1909 to certain other exhibitions of moving pictures), for the words from “distributed” to the end there shall be substituted the words “ programmes included in a cable programme service which is, or does not require to be, licensed under Part IV of the Telecommunications Act 1984 ”.

Enactments relating to London

(86)

(1)

(a)

(b)

(c)

(i)in the definition of “admitted employee” for “Regulation B5(2)” substitute “regulation B6(15)”; and

(ii)in the definition of “the principal Regulations” for “the Local Government (Superannuation) Regulations (Northern Ireland) 1992” substitute “the Local Government Pension Scheme Regulations (Northern Ireland) 2000”.

(2)In section 7(6) of the ^noteLondon County Council (General Powers) Act 1949 (electrical apparatus not to interfere with telegraphic lines etc.), for the words from “telegraphic line” onwards there shall be substituted the words “ telecommunication apparatus kept installed for the purposes of a telecommunications code system or with any service provided by means of any such apparatus. ”.

(3)In section 17(4) of the ^noteLondon County Council (General Powers) Act 1963 (protection for telegraphic lines), for the words from “telegraphic line” to “such line” there shall be substituted the words “ telecommunication apparatus kept installed for the purposes of a telecommunications code system or belonging to or used by the London Electricity Board or with any service provided by means of any such apparatus. ”.

(4)In section 7(6) of the ^noteGreater London Council (General Powers) Act 1969 (saving for certain powers in relation to telegraphic lines) for the words from “right” onwards there shall be substituted the words “ right exercisable in relation to that street under or in accordance with the telecommunications code by the operator of any telecommunications code system. ”.

Enactments relating to call boxes

(87)

(1)The enactments specified in the following Table (which penalise the use of public telephone boxes for the purpose of making false calls for police assistance, giving false alarms of fire and the like) shall have effect as if—

(a)for any reference to a call box of British Telecommunications’ telephone service,

(b)for any reference to a telephone call box provided by British Telecommunications, and

(c)for any reference to a British Telecommunications call box,

there were substituted a reference to a telephone call box provided by a public telecommunications operator.

(2)Any enactment contained in a local Act which is not specified in the above Table, but is similar to any enactment so specified, shall have effect subject to the like amendment as is made by sub-paragraph (1) above.

The London Building Acts and enactments relating to highways, etc.

(88)

(1)Nothing in—

(a)the London Building Acts 1930 to 1939 or byelaws thereunder, or

(b)a special enactment passed or made before the appointed day (including such an enactment relating to Scotland or Northern Ireland) for purposes similar to those of an enactment contained in Part V or IX of the ^noteHighways Act 1980 (except sections 156, 157 and 159),

shall affect any rights conferred by or in accordance with the electronic communications code on the provider of a electronic communications code network or apply to any electronic communications apparatus kept installed for the purposes of any such network.

(2)In this paragraph “special enactment” has the same meaning as in the Highways Act 1980.

General adaptations of local enactments

(89)

(1)A provision to which this paragraph applies which refers to the rights and powers of British Telecommunications under a provision of any enactment relating to telegraphs shall have effect with the substitution for that reference of a reference to any rights conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system.

(2)A provision to which this paragraph applies that operates to afford protection or confer a benefit on British Telecommunications with reference to—

(a)telegraphic lines of, or used by, British Telecommunications or such telegraphic lines of any description specified in that provision, or

(b)accommodation for such telegraphic lines or telegraphic lines of any such description, or

(c)communication by means of such telegraphic lines or telegraphic lines of any such description,

shall be construed in accordance with sub-paragraph (3) below.

(3)That provision shall be construed as if—

(a)any application (whether or not with modifications) by that provision of section 7 of the ^noteTelegraph Act 1878 (which before being repealed by this Act contained provision broadly corresponding to paragraph 23 of the telecommunications code) in relation to any works carried out by any person were an application (without modification) of the said paragraph to that person for the purposes of those works; and

(b)subject to that, it in all respects (subject to the like incidents) afforded the like protection to, or conferred the like benefit on, the operator of any telecommunications code system in relation, as the case may be, to—

(i)telecommunication apparatus kept installed for the purposes of a telecommunications code system or such apparatus of the description in question, or

(ii)accommodation for such apparatus or such apparatus of that description, or

(iii)the service provided by any such system.

(4)The provisions to which this paragraph applies are those of a local Act passed in the same Session as this Act, or in a previous Session, those of an order confirmed by an Act so passed and those of a scheme or order made before the passing of this Act under any Act (whether public general or local).

(5)Any document made, served or issued on or after the commencement date which contains a reference to any of the revoked instruments shall be construed, except so far as a contrary intention appears, as referring or, as the context may require, including a reference to the corresponding provision of these regulations.

(6)In this paragraph “telegraphic line” means any apparatus (howsoever described) which is a telegraphic line within the meaning of the ^noteTelegraph Act 1878.

Saving in respect of offences under section 5

(90)

Schedule 5 · General Transitional Provisions and Savings

Part I · Provisions and Savings coming into force on Appointed Day

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(1)An order made under section 89 of the ^notePost Office Act 1969 which relates to the running of a telecommunication system for the purposes of a cable programme service and is effective on the appointed day shall have effect as if made under section 57 of this Act in relation to the provision of that service; and the provisions of the said section 57 shall apply accordingly.

(2)

(3)Regulations made under section 90 of the Post Office Act 1969 which relate to the grant of licences under section 89 of that Act and are effective on the appointed day shall have effect as if made under section 58 of this Act in relation to the grant of licences under that section; and the provisions of the said section 58 shall apply accordingly.

(4)

(9)

(10)

(11)

(12)

(13)

(14)

(15)Nothing in this Act shall affect the operation of section 35(2) of the 1981 Act in relation to any order under section 19 of the ^noteLocal Government Act 1974 which applies in relation to hereditaments occupied by British Telecommunications and is effective on the appointed day.

(16)

(17)

(18)

(19)

Part II · Provisions and Savings Coming into Force on Transfer Date

(20)

(21)

(22)

(23)

(24)

(25)

(26)

(27)

(28)

(29)

(30)An order made under section 57 of this Act which relates to a cable programme service provided by British Telecommunications and is effective on the transfer date shall have effect as if it related to the corresponding cable programme service provided by the successor company.

(31)

(32)

(33)

(34)

(1)For the purposes of authorising the making, in relation to employees of the successor company or any of its subsidiaries, of provision corresponding to that authorised to be made, in relation to employees of British Telecommunications or any of its subsidiaries, by section 84 of the 1981 Act, that section shall have effect as if—

(a)any reference to the Post Office or to employees of, persons employed by or employment by the Post Office were a reference to British Telecommunications or to employees of, persons employed by or employment by British Telecommunications; and

(b)any reference to a relevant body or to employees of, persons employed by or employment by a relevant body were a reference to the successor company or any subsidiary of the successor company or to employees of, persons employed by or employment by the successor company or any such subsidiary.

(2)Nothing in sub-paragraph (1) above shall be taken as prejudicing the operation of section 84 of the 1981 Act as originally enacted.

(35)

(36)

(1)Except as otherwise provided by the foregoing provisions of this Part of this Schedule (whether expressly or by necessary implication), any agreement made, transaction effected or other thing done by, to or in relation to British Telecommunications which is in force or effective immediately before the transfer date shall have effect as from that date as if made, effected or done by, to or in relation to the successor company, in all respects as if the successor company were the same person, in law, as British Telecommunications, and accordingly references to British Telecommunications—

(a)in any agreement (whether or not in writing) and in any deed, bond or instrument;

(b)in any process or other document issued, prepared or employed for the purpose of any proceeding before any court or other tribunal or authority; and

(c)in any other document whatsoever (other than an enactment) relating to or affecting any property, right or liability of British Telecommunications which vests by virtue of section 60 of this Act in the successor company,

shall be taken as from the transfer date as referring to the successor company.

(2)Nothing in sub-paragraph (1) above shall be taken as applying in relation to the deed of covenant by virtue of which the excepted liabilities subsist.

(37)

(1)It is hereby declared for the avoidance of doubt that—

(a)the effect of section 60 of this Act in relation to any contract of employment with British Telecommunications in force immediately before the transfer date is merely to modify the contract (as from that date) by substituting the successor company as the employer (and not to terminate the contract or vary it in any other way); and

(b)that section is effective to vest the rights and liabilities of British Telecommunications under any agreement or arrangement for the payment of pensions, allowances or gratuities in the successor company along with all other rights and liabilities of British Telecommunications;

and accordingly for the purposes of any such agreement or arrangement (as it has effect by virtue of paragraph 36 above in relation to employment with the successor company or with a wholly owned subsidiary of that company) any period of employment with British Telecommunications shall count as employment with the successor company or (as the case may be) with a wholly owned subsidiary of that company.

(2)Nothing in sub-paragraph (1) above shall be taken as applying in relation to the excepted liabilities or to the deed of covenant by virtue of which those liabilities subsist.

(38)

(39)

(40)

(41)

(42)

(43)Nothing in this Act shall affect the operation of any order made under section 33 of the 1981 Act before the transfer date or any duty imposed by subsection (3) of that section to amend any order so made.

(44)Nothing in this Act shall affect the operation of section 56 of the 1981 Act in relation to any records of British Telecommunications which become records of the successor company on the transfer date or any records kept by British Telecommunications for the purposes of paragraph 39 above.

(45)Where by virtue of anything done before the transfer date, any enactment amended by Schedule 4 to this Act has effect (whether or not as so amended) in relation to British Telecommunications, then, on and after that date, that enactment shall have effect in relation to the successor company as if that company were the same person, in law, as British Telecommunications.

(46)

(1)Section 6(2) of the ^noteCommonwealth Telegraph Act 1949 shall continue to have effect with the modifications made by section 34(1) of the 1981 Act and, subject to that, shall have effect as if references which include references to British Telecommunications, in paragraph (c) and sub-paragraphs (iv), (v) and (vi) of paragraph (d), included references to the successor company.

(2)The power to make regulations conferred on the Secretary of State by section 49 of the ^notePost Office Act 1969 shall include power to make such regulations as appear to him to be requisite for securing that persons to whom that section applies, and persons claiming in right of them, are not adversely affected in the matter of pension rights by reason only that—

(a)in consequence of the 1981 Act, they ceased to be employed by the Post Office; or

(b)in consequence of section 60 of this Act, they cease to be employed by British Telecommunications.

(47)

(48)

(1)Where an asset, or the right to receive an asset, vests in the successor company by virtue of section 60 of this Act, then for the purposes of Part I of the ^noteIndustry Act 1972 and Part II of the ^noteIndustrial Development Act 1982—

(a)so much of any expenditure incurred by British Telecommunications in providing that asset as is approved capital expenditure (of any description relevant for the purposes of regional development grant) in respect of which no payment of regional development grant has been made to British Telecommunications shall be treated as having been incurred by the successor company and not by British Telecommunications; and

(b)where the asset itself vests in the successor company by virtue of section 60 of this Act, it shall be treated as a new asset if it would have fallen to be so treated if it had remained vested in British Telecommunications.

(2)In this paragraph “regional development grant” means a grant under Part I of the Industry Act 1972 or Part II of the Industrial Development Act 1982 and “approved capital expenditure” has the same meaning as it has for the purposes of the provisions relating to regional development grant.

(49)

(50)

(51)

Schedule 6

(1)

(2)In paragraphs 9A to 9C and this paragraph—• “award” means an award of a jobseeker's allowance;• “claim” means a claim for a jobseeker's allowance.

(2)

(3)

(a)

(b)

(c)

(d)

(4)

(5)

(6)

(1)

(2)

(7)

(1)

(2)

(3)

(a)

(b)

(4)

(6)Where any provision of the revoked instruments (“the replacement provision”) re-enacted, with or without modification, a previous provision revoked by the revoked instruments (“the previous provision”), then, so far as is necessary to prevent the continuity of the law from being affected, any reference in these regulations to the replacement provision shall, so far as the context permits, be construed as including a reference to that previous provision.

(8)

(9)

(10)

(11)

(1)

(2)

(12)

(1)

(2)

(3)

(a)

(b)

(4)

(13)

(14)