Chwilio Deddfwriaeth

British Telecommunications Act 1981

Status:

Dyma’r fersiwn wreiddiol (fel y’i gwnaed yn wreiddiol).

Section 87.

SCHEDULE 3Consequential Amendments

PART IGeneral

1A requirement to do what is necessary to inform designated persons holding office under the Crown concerning matters and things transmitted or in the course of transmission by means of telecommunication services provided by the Corporation may be laid on the Corporation for the like purposes and in the like manner as, immediately before the appointed day, a requirement could have been laid on the Post Office to do what was necessary to inform such persons concerning matters and things transmitted or in the course of transmission by means of such services provided by it.

PART IIPublic General Enactments

Enactments relating to telegraphs

2(1)References to the Post Office in—

(a)section 45 of the [1863 c. 112.] Telegraph Act 1863 (omission to transmit or deliver message ; improper divulging of message etc.); and

(b)section 20 of the [1868 c. 110.] Telegraph Act 1868 (improper disclosure or interception of message);

shall, as from the appointed day, be construed as including a reference to the Corporation.

(2)References to the Post Office in sections 8 and 9 of the [1878 c. 76.] Telegraph Act 1878 (destruction of, or injury to, telegraphic lines; obstruction of execution of works in connection with such lines) shall, as from the appointed day, be construed as referring to the Corporation.

3As from the appointed day, references in section 11 of the [1884 c. 76.] Post Office (Protection) Act 1884 (forgery and improper disclosure of telegrams) to a telegraph company within the meaning of that section shall be construed as including references to the Post Office.

4As from the appointed day, section 5(1) of the [1892 c. 59.] Telegraph Act 1892 (application of Acts to licensee of Post Office) shall have effect as if for the words from the beginning to "conferred on the Post Office" there were substituted the words " British Telecommunications may authorise the holder of a licence granted, or having effect as if it had been granted, under section 15(1) of the British Telecommunications Act 1981 (in this section referred to as 'a licensee ') during the time and within the area specified in the authority to exercise all or any of the powers which are conferred on British Telecommunications ".

5The reference to the Post Office in section 2(1) of the [1899 c. 38.] Telegraph Act 1899 (payment of expenses of exercise of powers under telephone licence) shall, as from the appointed day, be construed as referring to the Corporation.

6(1)Any such notice or counter-notice as follows, namely—

(a)a notice authorised to be given to the Corporation by any of the following provisions of the [1863 c. 112.] Telegraph Act 1863, namely, sections 14 (removal of abandoned works), 15 (removal of works in connection with alterations to streets), 21(3) (alteration of positions of telegraphs in connection with alterations to buildings), 22(3) (removal of telegraphs near dwelling-houses) and 30(1) (removal of work in order to enable building, etc, to take place);

(b)a notice authorised by section 24 of that Act to be given to the Corporation objecting to intended works;

(c)a notice required by section 7(1) of the [1878 c. 76.] Telegraph Act 1878 to be given to the Corporation of the time and place at which work will be begun by undertakers or others;

(d)a notice given for the purposes of section 8 of the last-mentioned Act of the intended exercise of a right (not being a notice given in pursuance of some other Act or of an agreement);

(e)a counter-notice authorised by section 5(2) of the [1908 c. 33.] Telegraph (Construction) Act 1908 to be given to the Corporation objecting to the lopping of a tree ; and

(f)a notice given for the purposes of section 1(2)(d) of the [1911 c. 39.] Telegraph (Construction) Act 1911 to the Corporation requiring it to remove or alter a telegraphic line constructed or maintained under the authority of that Act,

may be given by addressing it to the Corporation (by its name) and by sending it by post to, or leaving it at, the appropriate area office.

(2)In this paragraph " appropriate area office " means—

(a)in the case of such a notice as is mentioned in head (a) of sub-paragraph (1), the principal local telecommunications office of the Corporation for the area in which the works or work to which the notice relates are or is situate ;

(b)in the case of such a notice as is mentioned in head (b) of that sub-paragraph, the principal local telecommunications office of the Corporation for the area in which the works to which the notice relates are intended to be executed;

(c)in the case of such a notice as is mentioned in head (c) of that sub-paragraph, the principal local telecommunications office of the Corporation for the area in which the work to which the notice relates is to be done ;

(d)in the case of such a notice as is mentioned in head (d) of that sub-paragraph, the principal local telecommunications office of the Corporation for the area in which the right to which the notice relates is intended to be exercised ;

(e)in the case of such a counter-notice as is mentioned in head (e) of that sub-paragraph, the principal local telecommunications office of the Corporation for the area in which the tree to which the notice relates is growing; and

(f)in the case of such a notice as is mentioned in head (f) of that sub-paragraph, the principal local telecommunications office of the Corporation for the area in which the line to which the notice relates (or any length thereof) is situate.

Enactments relating to the supply of electricity

7As from the appointed day, references to the Post Office in the following enactments and regulations (which confer protection for its telegraphic lines and works), namely—

(a)section 26 of the [1882 c. 56.] Electric Lighting Act 1882 ;

(b)section 4 of the [1888 c. 62.] Electric Lighting Act 1888 and regulations made under that section ;

(c)sections 10, 14, 60, 69 and 79 of the Schedule to the [1899 c. 19.] Electric Lighting (Clauses) Act 1899 and the definition of " telegraphic line " in section 1 of that Schedule ;

(d)section 22(4) and (5) of the [1919 c. 100.] Electricity (Supply) Act 1919 ;

(e)section 25(3) of the [1922 c. 46.] Electricity (Supply) Act 1922 ;

(f)section 9(3) of the [1947 c. 54.] Electricity Act 1947 ;

(g)regulations made, or having effect as if they had been made, under section 60 of the last-mentioned Act;

(h)section 28(8) of the [1957 c. 48.] Electricity Act 1957 ;

(i)articles 32, 52(4) and (5) and 53 and the definition of " telegraphic line" in article 2(2) of, and paragraphs 3, 28 and 33 of Schedule 3 to, the [S.I. 1972/1072 (N.I. 9).] Electricity Supply (Northern Ireland) Order 1972 ; and

(j)section 12(6) of and paragraph 5 of Schedule 3 to the [1979 c. 11.] Electricity (Scotland) Act 1979 ;

shall be construed as referring to the Corporation.

8As from the appointed day, section 26 of the Electric Lighting Act 1882 and the enactments incorporated by that section shall, in their application to an Electricity Board, have effect as if references therein which are to be construed as referring to the Corporation included references to a government department.

9As from the appointed day, the reference to the Post Office in section 62(1)(b) of the Schedule to the Electric Lighting (Clauses) Act 1899 (service of notices) shall be construed as referring to the Corporation.

Enactments relating to statutory undertakers

10(1)The Corporation shall be deemed to be statutory undertakers and its undertaking a statutory undertaking for the purposes of the following enactments, namely—

(a)the [1946 c. 49.] Acquisition of Land (Authorisation Procedure) Act 1946 ;

(b)the [1947 c. 42.] Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 ;

(c)section 4 of the [1948 c. 17.] Requisitioned Land and War Works Act 1948 ;

(d)the [1948 c. 28 (N.I.).] Roads Act (Northern Ireland) 1948, as applied by any statutory provision passed or made before the commencement of the [S.I. 1980/1085 (N.I. 11).] Roads (Northern Ireland) Order 1980 ;

(e)the [1949 c. 67.] Civil Aviation Act 1949 ;

(f)the [1949 c. 97.] National Parks and Access to the Countryside Act 1949 ;

(g)the [1951 c. 65.] Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 ;

(h)the [1954 c. 56.] Landlord and Tenant Act 1954 ;

(i)section 39 (6)(b) of the [1958 c. 69.] Opencast Coal Act 1958 ;

(j)section 11 of the [1961 c. 33.] Land Compensation Act 1961 ;

(k)section 3(4) of the [1961 c. 41.] Flood Prevention (Scotland) Act 1961 ;

(l)the [1962 c. 58.] Pipe-lines Act 1962 ;

(m)section 18 of the [1963 c. 51.] Land Compensation (Scotland) Act 1963 ;

(n)Schedules 3 and 5 to the [1964 c. 40.] Harbours Act 1964 ;

(o)Schedule 6 to the [1965 c. 36.] Gas Act 1965 ;

(p)section 10(4) of the [1965 c. 46.] Highlands and Islands Development (Scotland) Act 1965 ;

(q)the [1965 c. 59.] New Towns Act 1965 ;

(r)sections 11(5)(f), 54(6) and 75(4) of, and Schedule 3 to, the [1967 c. 86.] Countryside (Scotland) Act 1967 ;

(s)the [1968 c. 16.] New Towns (Scotland) Act 1968 ;

(t)paragraph 6 of Schedule 2 to the [1968 c. 41.] Countryside Act 1968 ;

(u)section 22 of the [1968 c. 47.] Sewerage (Scotland) Act 1968 ;

(v)sections 22, 40, 48, 49, 118(2), 127, 128, 129, 149. 165(3), 181, 182, 183, 186, 192, 206(6), 213(3), 216, 223, 225 to 241, 245(7)(a), 255 and 281(6)(b) of, and Schedule 10 and paragraphs 1 to 3 of Schedule 19 to, the [1971 c. 78.] Town and Country Planning Act 1971 ;

(w)sections 19, 37, 45, 46, 108(2), 117, 118, 119, 138, 154(3). 170, 171, 172, 175, 181, 195(6), 202(3), 205, 205A, 212, 214 to 230, 233(7), 242, 266(6)(b) and 268(1)(b) of, and Schedules 8 and 9 and paragraphs 1 to 3 of Schedule 17 to, the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972;

(x)section 23 of the [1976 c. 24.] Development Land Tax Act 1976 ; and

(y)Parts XII and XVI and section 120 of the [1980 c. 65.] Local Government, Planning and Land Act 1980,

subject to this exception, namely, that it shall not be so deemed for the purposes of section 230 of the Town and Country Planning Act 1971 as applied by section 13 of the Opencast Coal Act 1958.

(2)The Post Office shall cease to be deemed to be statutory undertakers and its undertaking a statutory undertaking for the purposes of the following enactments, namely—

(a)section 20 of the [1949 c. 97.] National Parks and Access to the Country side Act 1949 ;

(b)paragraph 6 of Schedule 2 to the Countryside Act 1968 ;

(c)sections 22, 210(2), 213(3) and 216 of the Town and Country Planning Act 1971 ; and

(d)sections 19, 108(2), 117, 199(2) and 202(3) of the Town and Country Planning (Scotland) Act 1972.

(3)In the definition of " statutory undertakers " contained in each of the following enactments, namely—

(a)section 50(1) of the [1970 c. 20.] Roads (Scotland) Act 1970 ;

(b)section 73(1) of the [1974 c. 40.] Control of Pollution Act 1974 ;

(c)section 10(4) of the [1975 c. 69.] Scottish Development Agency Act 1975 ;

(d)section 27(1) of the [1975 c. 70.] Welsh Development Agency Act 1975 ;

(e)section 34(1) of the [1976 c. 75.] Development of Rural Wales Act 1976 ;

(f)article 53(1) of the [S.I. 1978/1049 (N.I. 19).] Pollution Control and Local Government (Northern Ireland) Order 1978 ;

(g)section 13(4) of the [1979 c. 11.] Electricity (Scotland) Act 1979 ;

(h)section 61(2) of the [1979 c. 46.] Ancient Monuments and Archaeological Areas Act 1979 ; and

(i)article 2(2) of the [S.I. 1980/1085 (N.I. 11).] Roads (Northern Ireland) Order 1980,

the reference to the Post Office shall be construed as including a reference to the Corporation.

(4)Section 44(1) of the [1976 c. 57.] Local Government (Miscellaneous Provisions) Act 1976 shall have effect as if in the definition of " statutory undertakers" for the words from " the Post Office " to " sewerage)" there were substituted the words " any public authority exercising functions by virtue of any provision of sections 14 and 15 of the Water Act 1973 (which relates to sewerage), British Telecommunications and, except in sections 1(4)(a), 3(2)(d) and 4(1) of this Act, the Post Office ".

(5)In sections 144(6) and 181(9) of the [1980 c. 66.] Highways Act 1980 (which deem the Post Office to be statutory undertakers) references to the Post Office shall be construed as referring to the Corporation ; and in sections 20(9), 169(4), 170(3), 178(5), 254(6) and 290(9) of and paragraph 3(3) of Schedule 6 to that Act (which also deem the Post Office to be statutory undertakers) references to the Post Office shall be construed as including references to the Corporation.

(6)This paragraph shall come into operation on the appointed day.

11(1)In the following enactments, namely—

(a)the [1946 c. 49.] Acquisition of Land (Authorisation Procedure) Act 1946 ;

(b)the [1947 c. 42.] Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 ;

(c)the [1949 c. 67.] Civil Aviation Act 1949 ;

(d)the [1962 c. 58.] Pipe-lines Act 1962 ; and

(e)Schedules 3 and 5 to the [1964 c. 40.] Harbours Act 1964,

  • "the appropriate Minister" shall, in relation to the Corporation, mean the Secretary of State.

(2)In the definition of "the appropriate Minister" contained in each of the following enactments, namely—

(a)section 51(1) and (2) of the [1958 c. 69.] Opencast Coal Act 1958 ;

(b)section 54(1) of the [1965 c. 59.] New Towns Act 1965 ;

(c)section 47(1) of the [1968 c. 16.] New Towns (Scotland) Act 1968 ;

(d)section 224(1) of the [1971 c. 78.] Town and Country Planning Act 1971 : and

(e)section 213(1) of the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972,

and in the first column of the Table set out in paragraph 56(3) of Schedule 3 to the [1976 c. 75.] Development of Rural Wales Act 1976, the reference to the Post Office shall be construed as including a reference to the Corporation.

(3)This paragraph shall come into operation on the appointed day.

12(1)In the following enactments, namely—

(a)section 13 of the [1962 c. 58.] Pipe-lines Act 1962 ;

(b)the [1965 c. 59.] New Towns Act 1965 ;

(c)the [1968 c. 16.] New Towns (Scotland) Act 1968 ;

(d)sections 149(3), 165(3) and 225 to 241 of, and Schedule 10 to, the [1971 c. 78.] Town and Country Planning Act 1971 ; and

(e)sections 138(3), 154(3) and 214 to 230 of, and Schedule 8 to, the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972,

  • " operational land " shall, in relation to the Corporation, mean land of the Corporation of any such class as may be specified in regulations made jointly by the Secretary of State and the planning Minister by statutory instrument (which shall be subject to annulment in pursuance of a resolution of either House of Parliament); and—

    (i)

    the definition of a class of land for the purposes of regulations made under this sub-paragraph may be framed by reference to any circumstances whatever ; and

    (ii)

    if any question arises whether land of the Corporation falls within a class specified in regulations so made, it shall be determined by the Secretary of State.

(2)In this paragraph " the planning Minister " means the Secretary of State for the Environment in relation to England and Wales and the Secretary of State for Scotland in relation to Scotland.

(3)This paragraph shall come into operation on the appointed day.

Other enactments

13As from the appointed day, the reference to the Post Office in section 6 of the [1887 c. 65.] Military Tramways Act 1887 (which requires the insertion, in certain cases, in a provisional order made under that Act of provisions for the protection of its telegraphs), and any reference to it in a provisional order so made which is in force at the beginning of that day, shall be construed as referring to the Corporation.

14As from the appointed day, the reference to the Post Office in section 2(2) of [1888 c. 29.] Lloyd's Signal Stations Act 1888 (power of the society incorporated under the name of " Lloyd's " to enter into arrangements with the Post Office for the purpose of securing telegraphic communication between Lloyd's signal stations themselves or between those stations and the Post Office's telegraph stations) and the second reference to it in section 6 of that Act (saving for its property) shall be construed as referring to the Corporation.

15As from the appointed day, the reference to the Post Office in section 132 of the [1892 c. 55.] Burgh Police (Scotland) Act 1892 (erection of telegraph poles etc. in streets) shall be construed as referring to the Corporation.

16As from the appointed day, the reference to the Post Office in section 4(1)(f) of the [1897 c. 53.] Congested Districts (Scotland) Act 1897 shall, so far as relating to the provision of guarantees for telegraph extensions, be construed as referring to the Corporation.

17(1)For the purposes of section 2 of the [1911 c. 28.] Official Secrets Act 1911 membership of, or any office or employment under, the Corporation shall be deemed to be an office under Her Majesty, and a contract with the Corporation shall be deemed to be a contract with Her Majesty ; and, as from the appointed day, any telegraph, telephone, wireless or signal station or office belonging to, or occupied by, the Corporation shall be a prohibited place for the purposes of that Act.

(2)Section 5 of the [1920 c. 75.] Official Secrets Act 1920 shall not apply to the Corporation; and, as from the appointed day, the reference in subsection (6) of that section to the Post Office shall be construed as including a reference to the Corporation.

18As from the appointed day, references in section 24 of the [1914 c. 59.] Bankruptcy Act 1914 (re-direction of debtor's letters, telegrams etc.) to the Post Office shall be construed as including references to the Corporation.

19As from the appointed day, the reference to the Post Office in section 194(4) of the [1925 c. 20.] Law of Property Act 1925 (which contains a saving for its telegraphic lines) shall be construed as referring to the Corporation.

20As from the appointed day, the reference to the Post Office in section 5(9) of the [1925 c. 68.] Roads Improvement Act 1925 (prescription of building lines) shall be construed as referring to the Corporation.

21As from the appointed day, the reference in section 10 of the [1925 c. 71.] Public Health Act 1925 (Crown rights) to works or apparatus belonging to the Post Office shall be construed as referring to works or apparatus belonging to the Corporation.

22As from the appointed day, the reference to the Post Office in section 23(2) of the [1935 c. 47.] Restriction of Ribbon Development Act 1935 (saving for the Post Office) shall be construed as referring to the Corporation.

23(1)As from the appointed day, the Corporation shall be deemed to be public utility undertakers and its undertaking a public utility undertaking for the purposes of the provisions of the [1939 c. 31.] Civil Defence Act 1939.

(2)As from the appointed day, in the said Act of 1939 the expression "the appropriate department" shall, in relation to the Corporation, mean the Secretary of State.

24(1)As from the appointed day, references to the Post Office in sections 4, 5(3) and 70 of Schedule 3 to the [1945 c. 42.] Water Act 1945 (which contain savings for its telegraphic lines) shall be construed as referring to the Corporation.

(2)The reference in sub-paragraph (1) to the said Schedule 3 shall be construed as including a reference to that Schedule as incorporated or applied by or under any enactment in force at the beginning of the appointed day.

25As from the appointed day, references to the Post Office in section 24 of the [1945 c. 43.] Requisitioned Land and War Works Act 1945 (power of owners, etc., to require removal of telegraphic lines) and in subsections (2) and (3) of section 25 of that Act (deep lines) shall be construed as referring to the Corporation.

26As from the appointed day, the reference to the Post Office in paragraph 6(1) of the Schedule to the [1948 c. 17.] Requisitioned Land and War Works Act 1948 (which paragraph contains a saving for its telegraphic lines) shall be construed as referring to the Corporation.

27(1)Section 41 (Crown rights) of the [1948 c. 28 (N.I.).] Roads Act (Northern Ireland) 1948, as applied by any statutory provision passed or made before the commencement of the [S.I. 1980/1085 (N.I. 11).] Roads (Northern Ireland) Order 1980 shall, as from the appointed day, be amended in accordance with the following sub-paragraphs.

(2)The reference to the Post Office in subsection (1) shall be construed as including a reference to the Corporation.

(3)References to the Post Office in subsection (2) shall be construed as referring to the Corporation.

28(1)The [1949 c. 32.] Special Roads Act 1949 shall, as from the appointed day, be amended in accordance with the following sub-paragraphs.

(2)The reference to the Post Office in section 20(1) (saving for its powers) shall be construed as referring to the Corporation.

(3)Section 20(2) shall, in relation to an order coming into force on or before the appointed day, have effect as if for the second reference to the Post Office there were substituted a reference to the Corporation and, in relation to an order coming into force after that day, have effect as if for each reference to the Post Office there were substituted a reference to the Corporation.

(4)Section 20(3) shall, in relation to an order coming into force after the appointed day, have effect as if for the reference to the Post Office there were substituted a reference to the Corporation.

29As from the appointed day, section 28(4)(c) of the [1949 c. 67.] Civil Aviation Act 1949 (which modifies the application of Schedule 1 to the [1945 c. 18.] Statutory Orders (Special Procedure) Act 1945 in its application to orders stopping up or diverting highways in the interests of civil aviation) shall have effect as if the Corporation were electricity undertakers.

30As from the appointed day, the reference in section 47(6) (savings) of the [1949 c. 74.] Coast Protection Act 1949 to the Post Office shall be construed as referring to the Corporation.

31As from the appointed day, section 1(2) of the [1949 c. 84.] War Damaged Sites Act 1949 (which precludes a local authority from taking possession compulsorily of any such land as is specified in sect on (2) o the [1946 c. 49.] Acquisition of Land (Authorisation Procedure) Act 1946) shall have effect as if the reference to such land included a reference to land acquired by the Corporation for the purposes of its undertaking.

32As from the appointed day, references in section 6 of the [1953 c. 26.] Local Government (Miscellaneous Provisions) Act 1953 (supplementary provisions as to omnibus shelters, etc.) to the Post Office shall be construed as referring to the Corporation.

33(1)Where the alteration of a telegraphic line of the Corporation is reasonably necessary for the purpose of enabling a local authority to exercise any of the powers conferred on them by Part III of the [1957 c. 56.] Housing Act 1957, paragraphs (1) to (8) of section 7 of the [1878 c. 76.] Telegraph Act 1878 (alteration of telegraphic lines in the execution of undertakings authorised by Act of Parliament) shall apply to the alteration and accordingly shall have effect, subject to any necessary modifications, as if references therein to undertakers included references to the local authority.

(2)Where, in pursuance of an order under section 64 of the said Act of 1957 that comes into operation on or after the appointed day, 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 a telegraphic line of the Corporation, the Corporation shall have the same powers in respect of the line as if the order had not come into operation; but, if a person entitled to land over which the right of way subsisted requires that the line should be altered, paragraphs (1) to (8) of the said section 7 shall apply to the alteration and accordingly shall have effect, subject to any necessary modifications, as if references therein to undertakers included references to the person by whom the alteration is required.

(3)In the proviso to section 64(3) of the said Act of 1957, the expression " apparatus " shall, in relation to the Corporation, be construed generally and shall not be limited by the definition thereof in section 189(1) of that Act.

(4)In this paragraph, " telegraphic line " and " alteration " have the same meanings as in the Telegraph Act 1878.

34As from the appointed day, references in subsections (1) and (4) of section 5 of the [1958 c. 23.] Milford Haven Conservancy Act 1958 (powers with respect to dredging, etc.) to a submarine cable placed or main-tamed by the Post Office shall be construed as including references to such a cable placed or maintained by the Corporation, and the second reference in the said subsection (4) to the Post Office shall be construed as referring to the Corporation.

35As from the appointed day, the references to the Post Office in paragraph 3 of Schedule 2 to the [1958 c. 24.] Land Drainage (Scotland) Act 1958 (saving for telegraphic lines) shall be construed as referring to the Corporation.

36As from the appointed day, section 3 of the [1958 c. 50.] Local Government Omnibus Shelters and Queue Barriers) (Scotland) Act 1958 (access to telegraphic lines etc.)shall have effect as if for the words "Post Office there were substituted the words "British Telecommunications

37(1)As from the appointed day, references in section 45(1) and (2) of the [1958 c. 69.] Opencast Coal Act 1958 (provisions as to telegraphic lines) to the Post Office shall be construed as referring to the Corporation.

(2)Section 45(3) of the said Act of 1958 shall, in relation to an order coming into force on or before the appointed day, have effect as if for the second reference to the Post Office there were substituted a reference to the Corporation and, in relation to an order coming into force after that day, have effect as if for each reference to the Post Office there were substituted a reference to the Corporation.

38As from the appointed day, references to the Post Office in paragraph 2 of Schedule 1 and paragraph 3(1)(e) of Schedule 2 to the [1961 c. 41.] Flood Prevention (Scotland) Act 1961 (saving for telegraphic lines) shall be construed as referring to the Corporation.

39As from the appointed day, Schedule 4 to the [1961 c. 64.] Public Health Act 1961 (which specifies, in relation to buildings of certain descriptions, the persons who are to be appropriate authorities for the purposes of the provisions of that Act relating to the attachment of street lights to buildings) shall have effect as if the following were added at the end thereof:

A building owned by British TelecommunicationsThe Secretary of State

40As from the appointed day, the reference to the Post Office in section 40(1) of the [1962 c. 58.] Pipe-lines Act 1962 (avoidance of interference with telegraphic etc. lines) shall be construed as referring to the Corporation.

41(1)No order made on or after the appointed day under section 67 of the [1963 c. 38.] Water Resources Act 1963 (compulsory powers for carrying out engineering or building operations) shall authorise the doing of anything to, or in relation to, a telegraphic line (within the meaning of the [1878 c. 76.] Telegraph Act 1878) of the Corporation.

(2)As from the appointed day, the reference to the Post Office in section 130 of the said Act of 1963 (which makes provision with respect to alterations of telegraphic lines of the Post Office required by a river authority to be made for the purpose of carrying out engineering or building operations) shall be construed as referring to the Corporation.

42As from the appointed day, the reference in section 1(4) of the [1965 c. 20.] Criminal Evidence Act 1965 to the Post Office shall be construed as including a reference to the Corporation.

43(1)Where, on or after the appointed day, the Secretary of State makes an order under section 23 of the [1965 c. 59.] New Towns Act 1965 (extinguishment of public rights of way over land acquired) on the application of a development corporation or local highway authority, he shall send a copy thereof to the Corporation.

(2)As from the appointed day, section 24(1) of the said Act of 1965 (which makes provision as to telegraphic lines of the Post Office) shall have effect as if—

(a)the reference which includes a reference to a telegraphic line belonging to, or used by, the Post Office included a reference to such a line of the Corporation ;

(b)for the words " the Post Office ", in all places where they occur, there were substituted the words " British Telecommunications "; and

(c)in relation to any such period mentioned in paragraph (a) as begins to run before, and is current on, the appointed day, for the word " it" in paragraphs (a) and (c) there were substituted the words " the Post Office or British Telecommunications ".

(3)As from the appointed day, section 26 of the said Act of 1965 (extinguishment of rights of way and rights as to apparatus of statutory undertakers) shall, so far as regards a right of the Corporation with respect to a telegraphic line and so far as regards a telegraphic line of its, not have effect in a case in which section 24 of that Act has effect.

(4)In this paragraph, " telegraphic line " has the same meaning as in the [1878 c. 76.] Telegraph Act 1878.

44Where, on or after the appointed day, the Department of the Environment for Northern Ireland approves an order made under section 25 of the [1965 c. 13 (N.I.).] New Towns Act (Northern Ireland) 1965 (extinguishment of public rights of way over land acquired), that Department shall send a copy thereof to the Corporation.

45As from the appointed day, the Schedule to the [1966 c. 27.] Building Control Act 1966 (which specifies bodies in the case of which work carried out by them is exempt from control under that Act) shall have effect as if at the end thereof there were added a reference to the Corporation.

46As from the appointed day, Schedule 2 to the [1966 c. 34.] Industrial Development Act 1966 (which specifies bodies not eligible for certain grants under Part I of that Act) shall have effect as if the Corporation were included amongst the bodies therein specified and Schedule 1 to the [1966 c. 41 (N.I.).] Industrial Investment (General Assistance) Act (Northern Ireland) 1966 shall have similar effect.

47(1)Where the alteration of a telegraphic line of the Corporation is reasonably necessary for the purpose of enabling a local authority to exercise any of the powers conferred on them by Part III of the [1966 c. 49.] Housing (Scotland) Act 1966 or Part II of the [1974 c. 45.] Housing (Scotland) Act 1974, paragraphs (1) to (8) of section 7 of the Telegraph Act 1878 shall apply to the alteration and accordingly shall have effect, subject to any necessary modifications, as if references therein to undertakers included references to the local authority.

(2)Where, in pursuance of an order under section 33 of the said Act of 1974 that comes into operation on or after the appointed day, 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 a telegraphic line of the Corporation, the Corporation shall have the same powers in respect of the line as if the order had not come into operation ; but, if a person entitled to land over which the right of way subsisted or on which the street was situated requires that the line should be altered, paragraphs (1) to (8) of the said section 7 shall apply to the alteration and accordingly shall have effect, subject to any necessary modifications, as if references therein to undertakers included references to the person by whom the alteration is required.

(3)In the proviso to section 33(4) of the said Act of 1974, the expression " apparatus " shall, in relation to the Corporation, be construed generally and shall not be limited by the definition thereof in section 208(1) of the said Act of 1966.

(4)In this paragraph " telegraphic line " and " alteration " have the same meanings as in the [1878 c. 76.] Telegraph Act 1878.

48As from the appointed day, section 38(7) of the [1967 c. 86.] Countryside (Scotland) Act 1967 (provisions as to telegraphic lines) shall, in relation to an order coming into force on or before that day, have effect as if for the second reference to the Post Office there were substituted a reference to the Corporation, and, in relation to an order coming into force after that day, have effect as if for each reference to the Post Office there were substituted a reference to the Corporation.

49(1)Where, on or after the appointed day, the Secretary of State makes an order under section 23 of the [1968 c. 16.] New Towns (Scotland) Act 1968 (extinguishment of public rights of way over land acquired) on the application of a development corporation or local highway authority, he shall send a copy thereof to the Corporation.

(2)As from the appointed day, section 24(1) of the said Act of 1968 (which makes provision as to telegraphic lines of the Post Office) shall have effect as if—

(a)the reference which includes a reference to a telegraphic line belonging to, or used by, the Post Office included a reference to such a line of the Corporation ;

(b)for the words "the Post Office", in all places where they occur, there were substituted the words " British Telecommunications "; and

(c)in relation to any such period mentioned in paragraph (a) as begins to run before, and is current on, the appointed day, for the word "it" in paragraphs (a) and (c) there were substituted the words " the Post Office or British Telecommunications ".

(3)As from the appointed day, section 26 of the said Act of 1968 (extinguishment of rights of way, and rights as to apparatus, of statutory undertakers) shall, so far as regards a right of the Corporation with respect to a telegraphic line and so far as regards a telegraphic line of the Corporation, not have effect in a case in which section 24 of that Act has effect.

(4)In this paragraph " telegraphic line " has the same meaning as in the [1878 c. 76.] Telegraph Act 1878.

50As from the appointed day, the Corporation shall be deemed to be a public utility undertaking for the purposes of section 1 of the [1968 c. 30 (N.I.).] Local Government and Roads Act (Northern Ireland) 1968.

51(1)Section 7(2) of the 1969 Act (powers of the Post Office) shall have effect as if for the words " the foregoing subsection", in both places where they occur, there were substituted the words " subsection (1) above ".

(2)As from the appointed day, section 29(1 )(c) of the 1969 Act (exclusion of liability in relation to telecommunications) shall have effect as if for the word " telecommunication", in both places where it occurs, there were substituted the word " telepost" .

(3)As from the appointed day, section 37(1) of the 1969 Act (loans by the Secretary of State to the Post Office) shall have effect as if for the words " section 35(1) or (2) of this Act " there were substituted the words " section 73(1) or (2) of the British Telecommunications Act 1981 ".

(4)Section 52(4) of the 1969 Act (rating in England and Wales) shall have effect as if for the words from " rateable value " to the end there were substituted the words " value which, by virtue of an order under this section or section 19 of the Local Government Act 1974, is shown in a list as the rateable value of any hereditament occupied by the Post Office by any such property as is mentioned in paragraph 5 of Schedule 3 to that Act ".

(5)As from the appointed day, section 69(3) of the 1969 Act shall have effect as if for the words " conclusive evidence " there were substituted the words " evidence (and, in Scotland, sufficient evidence) ".

(6)As from the appointed day, section 80 of the 1969 Act (provision of information to persons holding office under the Crown) shall, except in its application to the Isle of Man and the Channel Islands, have effect as if for the word " telecommunication " there were substituted the word " telepost ".

(7)Section 86 of the 1969 Act (interpretation of Part III) shall have effect—

(a)as from the appointed day, as if in subsection (1) in the definition of "accounting year" after the word "means" there were inserted the words " subject to section 75(5) of the British Telecommunications Act 1981 "; and

(b)as if in subsection (4) for the words "section 7(1)(d)" there were substituted the words " section 7(1 )(d) or (f) " and as from the appointed day, as if for the words so substituted there were substituted the words " section 7(1)(c), (d), (e) or (f) ".

(8)Section 87(1) of the 1969 Act (power of Her Majesty in Council to make necessary provision if the Post Office surrenders privileges as regards the Isle of Man or the Channel Islands) shall have effect as if for the words " section 3 of the Post Office Act 1953 " there were substituted the words " section 66(1) of the British Telecommunications Act 1981 " and for the words " the said section 3 ", in both places where they occur, there were substituted the words " the said section 66(1) ".

(9)As from the appointed day, the reference to the Post Office in section 89(4) of the 1969 Act (1icensing of distribution systems) shall be construed as referring to the Corporation.

(10)Schedule 1 to the 1969 Act shall have effect as if paragraphs 2(2) and 4(2) (1aying before Parliament of statements concerning the terms of appointment of members of the Post Office) and paragraph 11(2), (3) and (5) (provision of information to the Secretary of State concerning the establishment of machinery for negotiation etc. and of information to participants in connection with its operation) were omitted.

(11)Paragraph 93(1) of Schedule 4 to the 1969 Act (Post Office as statutory undertakers for the purposes of certain enactments) shall have effect as if for head (viii) there were substituted the following head—

(viii)the Roads Act (Northern Ireland) 1948, as applied by any statutory provision passed or made before the commencement of the Roads (Northern Ireland) Order 1980.

52As from the appointed day, the reference to the Post Office in section 26(4) of the [1970 c. 1 (N.I.).] Harbours Act (Northern Ireland) 1970 (exclusion of land owned or occupied by or on behalf of the Post Office from vesting orders under that section) shall be construed as including a reference to the Corporation.

53(1)The [1971 c. 78.] Town and Country Planning Act 1971 shall, as from the appointed day, be amended in accordance with the following sub-paragraphs.

(2)Section 220(1) (which makes provision as to telegraphic lines of the Post Office) shall, in relation to an order coming into force on or before the appointed day, have effect as if for the second reference to the Post Office there were substituted a reference to the Corporation and, in relation to an order coming into force after that day, have effect as if for each reference to the Post Office there were substituted a reference to the Corporation.

(3)Section 220(2) shall, in relation to an order coming into force after the appointed day, have effect as if for the reference to the Post Office there were substituted a reference to the Corporation.

(4)Section 220(3) shall have effect as if the first reference to a telegraphic line belonging to, or used by, the Post Office included a reference to such a line of the Corporation, as if for the words " the Post Office ", in all places (except the first and third) where they occur, there were substituted the words " British Telecommunications " and as if—

(a)in relation to any such period mentioned in paragraph (a) as begins to run before, and is current on, the appointed day, after the words " the Post Office " (where secondly occurring in that paragraph) there were inserted the words " or British Telecommunications " and for the word " it " in paragraph (c) there were substituted the words " the Post Office or British Telecommunications ";

(b)in relation to any such period so mentioned as begins to run on or after the appointed day, for the words "the Post Office " (where secondly occurring in paragraph (a)) there were substituted the words " British Telecommunications ".

(5)Section 220(3) shall also have effect as if—

(a)for the words from " an order " to " local authority ", in the first place where they occur, there were substituted the words " an order to which this subsection applies is made ";

(b)after the words "section 215(1) of" there were inserted the words " or, as the case may be, paragraph 1 of Schedule 20 to

(c)after the word " extinguished" there were inserted the words " or authorised to be stopped up or diverted ";

(d)for the words " local authority ", in all places (except the first) where they occur, there were substituted the word " authority "; and

(e)immediately before that subsection there were inserted the following subsection—

(2A)Subsection (3) of this section applies—

(a)to any order made by or on the application of a local authority under section 214(1) of this Act extinguishing a public right of way ; and

(b)to any order made by a competent authority under section 210 of this Act authorising the stopping up or diversion of a footpath or bridleway;

and in this subsection ' competent authority' has the same meaning as in the said section 210.

(6)Section 220(4) shall have effect as if for the reference to the Post Office there were substituted a reference to the Corporation and for the words from " an order " to "the Secretary of State" there were substituted the words " an order to which subsection (3) of this section applies, the person by whom the order was made ".

(7)Section 223(1) (cases in which land is not to be treated as operational land) shall, in relation to the Corporation, have effect with the substitution for the reference to section 222 of a reference to paragraph 12(1).

(8)Section 223 shall not apply to land in the case of which an interest there in , having vested in the Post Office by virtue of the 1969 Act, vests in the Corporation by virtue of this Act

(9)The reference to the Post Office in paragraph 83 of Schedule 24 shall be construed as referring to the Corporation.

54(1)The [1972 c. 52.] Town and Country Planning (Scotland) Act 1972 shall, as from the appointed day, be amended in accordance with the following sub-paragraphs.

(2)Section 209(1) (which makes provision as to telegraphic lines of the Post Office) shall, in relation to an order coming into force on or before the appointed day, have effect as if for the second reference to the Post Office there were substituted a reference to the Corporation and, in relation to an order coming into force after that day, have effect as if for each reference to the Post Office there were substituted a reference to the Corporation.

(3)Section 209(2) shall, in relation to an order coming into force after the appointed day, have effect as if for the reference to the Post Office there were substituted a reference to the Corporation.

(4)Section 209(3) shall have effect as if the first reference to a telegraphic line belonging to, or used by, the Post Office included a reference to such a line of the Corporation, as if for the words " the Post Office ", in all places (except the first and third) where they occur, there were substituted the words " British Telecommunications " and as if—

(a)in relation to any such period mentioned in paragraph (a) as begins to run before, and is current on, the appointed day, after the words " the Post Office " (where secondly occurring in that paragraph) there were inserted the words " or British Telecommunications " and for the word " it" in paragraph (c) there were substituted the words " the Post Office or British Telecommunications ";

(b)in relation to any such period so mentioned as begins to run on or after the appointed day, for the words " the Post Office " (where secondly occurring in paragraph (a)) there were substituted the words " British Telecommunications ".

(5)Section 209(3) shall also have effect as if—

(a)after the word "section" where it first occurs there were inserted the words " 199 of this Act authorising the stopping up or diversion of any footpath or bridleway is made by a planning authority or an order under section ";

(b)in paragraph (a) after the words " which the " there were inserted the words " footpath or bridleway is stopped up or diverted or as the case may be the " and for the words " local authority" there were substituted the words " authority which made the order ";

(c)in paragraph (b), for the words from " to the " to " months " there were substituted the words " not later than the end of the said period of three months to the authority which made the order "; and

(d)in each of paragraphs (d) and (e), for the words "local authority" there were substituted the words " authority which made the order ".

(6)Section 209(4) shall have effect as if for the reference to the Post Office there were substituted a reference to the Corporation and for the words from " under " to " local authority " there were substituted the words " to which subsection (3) of this section applies, the authority which made the order ".

(7)Section 212(1) (cases in which land is not to be treated as operational land) shall, in relation to the Corporation, have effect with the substitution for the reference to section 211 of a reference to paragraph 12(1).

(8)Section 212 shall not apply to land in the case of which an interest therein, having vested in the Post Office by virtue of the 1969 Act, vests in the Corporation by virtue of this Act.

(9)The reference to the Post Office in paragraph 70 of Schedule 22 shall be construed as referring to the Corporation.

55(1)The [S.I. 1972/1634 (N.I. 17).] Planning (Northern Ireland) Order 1972 shall, as from the appointed day, be amended in accordance with the following sub-paragraphs.

(2)The reference to the Post Office in the definition of " statutory undertaker " in article 2(2) shall be construed as including a reference to the Corporation.

(3)The reference to the Post Office in article 80(2) (service of certain notices and draft orders) shall be construed as referring to the Corporation.

(4)Article 81(1) (which makes provision as to telegraphic lines of the Post Office) shall, in relation to an order coming into force on or before the appointed day, have effect as if for the second reference to the Post Office there were substituted a reference to the Corporation and, in relation to an order coming into force after that day, as if for each reference to the Post Office there were substituted a reference to the Corporation.

(5)Article 81(3) shall have effect as if for the words "Post Office removes " there were substituted the words " Post Office has removed, or British Telecommunications removes as if for the word " serves " there were substituted the words " British Telecommunications serves " and as if for the words " the Post Office ", in the second and third places where they occur, there were substituted the words " British Telecommunications ".

(6)The reference to the Post Office in paragraph 12(3) of Schedule 5 shall be construed as referring to the Corporation.

56(1)As from the appointed day, the reference to the Post Office in section 3(1)(c) of the [1973 c. 19.] Independent Broadcasting Authority Act 1973 (arrangements for broadcast relay stations) shall be construed as referring to the Corporation.

(2)As from the appointed day, section 3(7) of the said Act of 1973 (saving for licences) shall have effect as if for the words "section 27 of the Post Office Act 1969" there were substituted the words "section 15 of the British telecommunications act 1981".

57(1)As from the appointed day, references to the Post Office in sections 11(3) and 19(1) of the [1973 c. 36.] Northern Ireland Constitution Act 1973 (agency arrangements and discrimination by public authorities) shall be construed as including references to the Corporation.

(2)As from the appointed day, Schedule 3 to the said Act of 1973 (reserved matters) shall have effect as if—

(a)the words " telecommunications and" were omitted from paragraph 13 of that Schedule; and

(b)after the said paragraph 13 there were inserted the following paragraph—

13ATelecommunications.

58As from the appointed day, Schedule 5 to the [1973 c. 41.] Fair Trading Act 1973 (restriction on references) shall have effect as if—

(a)in paragraph 7 for the reference to paragraphs (a) to (d) of section 24(1) of the 1969 Act there were substituted a reference to paragraphs (a) to (d) of section 12(1); and

(b)in the second column of paragraph 8 for the reference to the Post Office there were substituted a reference to the Corporation.

59As from the appointed day, references to the Post Office in paragraph 3 of Schedule 9 to the [S.I. 1973/69 (N.I. 1).] Drainage (Northern Ireland) Order 1973 (saving for telegraphic lines of the Post Office) shall be construed as referring to the Corporation.

60As from the appointed day, the reference to the Post Office in section 16(6) of the [1974 c. 39.] Consumer Credit Act 1974 (which exempts certain agreements from regulation by that Act) shall be construed as referring to the Corporation.

61As from the appointed day, references to the Post Office in section 136(2) of the [1975 c. 14.] Social Security Act 1975 (issue out of the National Insurance Fund to the Post Office of sums which, but for certain arrangements, would have been paid out of that Fund by way of benefit) shall be construed as including references to the Corporation.

62As from the appointed day, references to the Post Office in section 130(2) of the [1975 c. 15.] Social Security (Northern Ireland) Act 1975 (issue out of the Northern Ireland National Insurance Fund to the Post Office of sums which, but for certain arrangements, would have been paid out of that Fund by way of benefit) shall be construed as including references to the Corporation.

63As from the date on which the Treasury first exercise the power conferred on them by section 79(1), Part III of Schedule 1 to the [1975 c. 24.] House of Commons Disqualification Act 1975 and Part III of Schedule 1 to the [1975 c. 25.] Northern Ireland Assembly Disqualification Act 1975 (which specify certain offices all holders of which are disqualified under those Acts) shall each have effect as if at the end of the entry relating to directors of Cable and Wireless Limited there were inserted the words " nominated by a Minister of the Crown or Government department ".

64As from the appointed day, the reference to the Post Office in section 10(8) of the [1975 c. 69.] Scottish Development Agency Act 1975 (saving for powers and duties under the Telegraph Acts) shall be construed as referring to the Corporation.

65As from the appointed day, references to the Post Office in section 20 of the [1975 c. 78.] Airports Authority Act 1975 (provisions as to telegraphic lines) shall be construed as referring to the Corporation.

66As from the appointed day, the reference to the Post Office in section 9(2)(d) of the [1976 c. 25.] Fair Employment (Northern Ireland) Act 1976 (publication of names of equal opportunity employers) shall be construed as including a reference to the Corporation.

67(1)As from the appointed day, section 32(2) of the [1976 c. 70.] Land Drainage Act 1976 (saving for exclusive privilege) shall have effect as if for the words "the Post Office by section 24(1) of the Post Office Act 1969 " there were substituted the words " British Telecommunications by section 12(1) of the British Telecommunications Act 1981 ".

(2)As from the appointed day, references to the Post Office in sections 23(4) and 112(2) of the said Act of 1976 (protection of nationalised undertakings) shall be construed as including references to the Corporation.

68(1)The [1976 c. 75.] Development of Rural Wales Act 1976 shall, as from the appointed day, be amended in accordance with the following sub-paragraphs.

(2)The reference to the Post Office in paragraph 38(7) of Schedule 3 (extinguishment of public rights of way) shall be construed as including a reference to the Corporation.

(3)Paragraph 39(1) of that Schedule (which makes provision as to telegraphic lines of the Post Office) shall have effect as if the first reference to a telegraphic line belonging to, or used by, tie Post Office included a reference to such a line of the Corporation, as if for the words " the Post Office ", in all places (except the first, third and sixth) where they occur, there were substituted the words " British Telecommunications " and as if—

(a)in relation to any such period mentioned in paragraph (a) as begins to run before, and is current on, the appointed day, after the words "the Post Office" (where secondly occurring in paragraphs (a) and (c)) there were inserted the words " or British Telecommunications ";

(b)in relation to any such period so mentioned as begins to run on or after the appointed day, for the words "the Post Office (where secondly occuring in paragraphs (a) and (c)) there were substituted the words " British Telecommunications .

69As from the appointed day, the reference to the Post Office in article 29(2) of the [S.I. 1977/596 (N.I. 7).] Gas (Northern Ireland) Order 1977 (saving for telegraphic lines of Post Office) shall be construed as referring to the Corporation.

70As from the appointed day, article 50(1)(a)(iii) of, and paragraph 1 of Part III of Schedule 16 to, the [S.I. 1977/2157 (N.I. 28).] Rates (Northern Ireland) Order 1977 (rating in Northern Ireland) shall have effect as if for the words "section 54 of the Post Office Act 1969" there were substituted the words " section 37 of the British Telecommunications Act 1981 ".

71(1)As from the appointed day, references to the Post Office in paragraphs 4, 5(3) and 36 of Schedule 4 to the [1980 c. 45.] Water (Scotland) Act 1980 (protection of telegraphic lines from interference) shall be construed as referring to the Corporation.

(2)The reference in sub-paragraph (1) to the said Schedule 4 shall be construed as including a reference to that Schedule as incorporated or applied by or under any enactment in force at the beginning of the appointed day.

72As from the appointed day, references to the Post Office in section 2(2) of and Part I of Schedule 1 to the [1980 c. 63.] Overseas Development and Co-operation 1980 shall be construed as including a reference to the Corporation.

73(1)The [1980 c. 65.] Local Government, Planning and Land Act 1980 shall, as from the appointed day, be amended in accordance with the following sub-paragraphs.

(2)The reference to the Post Office in Schedule 16 (bodies to whom Part)( applies) shall be construed as including a reference to the Corporation.

(3)Paragraph 13 of Schedule 28 (which makes provision as to telegraphic" lines of the Post Office) shall have effect as if the first reference to a telegraphic line belonging to or used by the Post Office included a reference to such a line of the Corporation, as if for the words " the Post Office ", in all places (except the first and third) where they occur, there were substituted the words " British Telecommunications " and as if—

(a)in relation to any such period mentioned in paragraph (a) as begins to run before, and is current on, the appointed day, after the words " the Post Office " (where secondly occurring in paragraph (a)) there were inserted the words " or British Telecommunications " and for the word "it" in paragraph (c) there were substituted the words " the Post Office or British Telecommunications ";

(b)in relation to any such period so mentioned as begins to run on or after the appointed day, for the words " the Post Office " (where secondly occurring in paragraph (a)) there were substituted the words " British Telecommunications ".

(4)The references to the Post Office in paragraph 14(7) of that Schedule shall be construed as referring to the Corporation.

74(1)The [1980 c. 66.] Highways Act 1980 shall, as from the appointed day, be amended in accordance with the following sub-paragraphs.

(2)References to the Post Office in sections 35, 142(5), 157(9), 177 and 181(7) (protection for apparatus) shall be construed as referring to the Corporation ; and the reference to the Post Office in section 174(5) shall be construed as including a reference to the Corporation.

(3)The references to the Post Office in section 334(1) (savings for the Post Office) shall be construed as referring to the Corporation.

(4)Section 334(2) shall, in relation to a conveyance on or after the appointed day or an order coming into force on or after that day, have effect as if for the reference to the Post Office there were substituted a reference to the Corporation and for the words " the date " there were substituted the words " at the beginning of the day ".

(5)The reference to the Post Office in section 334(3) shall be construed as referring to the Corporation.

(6)Section 334(4) shall have effect as if the first reference to a telegraphic line belonging to, or used by, the Post Office included a reference to such a line of the Corporation, as if for the words " the Post Office", in all places (except the first and third) where they occur, there were substituted the words " British Telecommunications " and as if—

(a)in relation to any such period mentioned in paragraph (a) as begins to run before and is current on the appointed day, for the words " the Post Office " (where secondly occurring in that paragraph) and for the word " they " in paragraph (b) there were substituted the words " the Post Office or British Telecommunications ";

(b)in relation to any such period so mentioned as begins to run on or after that day, for the words " the Post Office " (where secondly occurring in paragraph (a)) there were substituted the words " British Telecommunications ".

(7)The reference in section 334(5) to the Post Office shall be construed as referring to the Corporation.

(8)Section 334(6) and (7) shall, in relation to an order coming into force on or after the appointed day, have effect as if for the references to the Post Office there were substituted references to the Corporation and for the words " immediately before the date ",

in both places where they occur, there were substituted the words " at the beginning of the day ".

(9)Section 334(10) shall, in relation to an order coming into force on or before the appointed day, have effect as if for the second reference to the Post Office there were substituted a reference to the Corporation and, in relation to an order coming into force after that day, have effect as if for each reference to the Post Office there were substituted a reference to the Corporation.

75(1)As from the appointed day, references to the Post Office in paragraph 1 of Schedule 7 to the [S.I. 1980/1085 (N.I. 11).] Roads (Northern Ireland) Order 1980 (saving for telegraphic lines of the Post Office) shall be construed as mcludmg references to the Corporation.

(2)As from the appointed day, paragraph 2 of Schedule 7 to that Order shall, in relation to an order coming into force on or before the appointed day, have effect as if for the second reference to the Post Office there were substituted a reference to the Corporation and, in relation to an order coming into force after that day, as if for each reference to the Post Office there were substituted a reference to the Corporation.

76(1)Where the alteration of a telegraphic fine of the Corporation is reasonably necessary for the purposes of enabling the Northern Ireland Housing Executive to exercise any of the powers conferred on it by Chapter H, III or V of Part III of the [S.I. 1981/156 (N.I. 3).] Housing (Northern Ireland) Order 1981, paragraphs (1) to (8) of section 7 of the [1878 c. 76.] Telegraph Act 1878 shall apply to the alteration and accordingly shall have effect, subject to any necessary modifications, as if references therein to undertakers included references to the Northern Ireland Housing Executive.

(2)Where, in pursuance of an order under section 25 of the [1965 c. 13 (N.I.).] New Towns Act (Northern Ireland) 1965 or article 51 of the said Order of 1980 that comes into operation on or after the appointed day, 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 a telegraphic line of the Corporation, the Corporation shall have the same powers in respect of the line as if the order had not come into operation ; but, if a person entitled to land over which the right of way subsisted requires that the line should be altered, paragraphs (1) to (8) of the said section 7 shall apply to the alteration and accordingly shall have effect, subject to any necessary modifications, as if references therein to undertakers included references to the person by whom the alteration is required.

(3)In this paragraph " telegraphic line " and " alteration " have the same meanings as in the [1878 c. 76.] Telegraph Act 1878.

PART IIILocal Enactments and Subordinate Legislation

77(1)As from the appointed day, 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, but are so framed that, unless amended, they will become of no effect on the appointed day) shall have effect as if—

(a)for any reference to a call box of the Post Office telephone service there were substituted a reference to a call box of the Corporation's telephone service ;

(b)for any reference to a telephone call box provided by the Post Office there were substituted a reference to a telephone call box provided by the Corporation ; and

(c)for any reference to a Post Office telephone call box there were substituted a reference to a Corporation telephone call box.

TABLE

1937 c. lxxx.Section 83(2) of the [1937 c. lxxx.] Rotherham Corporation Act 1937.
1938 c. liv.Section 176(2) of the [1938 c. liv.] Redcar Corporation Act 1938.
1938 c. lviSection 167(2) of the [1938 c. lvi.] Swinton and Pendlebury Corporation Act 1938.
1938 c. lxiii.Section 211(2) of the [1938 c. lxiii.] Clacton Urban District Council Act 1938.
1939 c. lxv.Section 89(2) of the [1939 c. lxv.] Tiverton Corporation Act 1939.
1939 c. lxxxvii.Section 110(2) of the [1939 c. lxxxvii.] Macclesfield Corporation Act 1939.
1940 c. xxx.Section 101(2) of the [1940 c. xxx.] Christchurch Corporation Act 1940.
1947 c. xlv.Section 154(2) of the [1947 c. xlv.] Preston Corporation Act 1947.
1948 c. xxxviii.Section 71(2) of the [1948 c. xxxviii.] Brighton Corporation Act 1948.
1948 c. xli.Section 173(2) of the [1948 c. xli.] Ipswich Corporation Act 1948.
1949 c. li.Section 89(2) of the [1949 c. li.] Barnsley Corporation Act 1949.
1951 c. xliv.Section 178(2) of the [1951 c. xliv.] Worcester Corporation Act 1951.
1951 c. xlv.Section 89(2) of the [1951 c. xlv.] Nottinghamshire County Council Act 1951.
1953 c.xli.Section 85(2) of the [1953 c. xli.] Berkshire County Council Act 1953.
1956 c. xl.Section 97(2) of the [1956 c. xl.] Gloucestershire County Council Act 1956.
1956 c. xlix.Section 96(2) of the [1956 c. xlix.] Leicester Corporation Act 1956.
1958 c. vi.Section 60(2) of the [1958 c. vi.] Kent County Council Act 1958.
1960 c. xliii.Section 70(2) of the [1960 c. xliii.] Southampton Corporation Act 1960.
1960 c. xlix.Section 41(2) of the [1960 c. xlix.] Hertfordshire County Council Act 1960.
1960 c. lii.Section 60(2) of the [1960 c. lii.] Oldham Corporation Act 1960.
1961 c. xlv.Section 30(3) of the [1961 c. xlv.] Devon County Council Act 1961.
1962 c. xxvi.Section 10(2) of the [1962 c. xxvi.] Grimsby Corporation Act 1962.
1963 c. xxxvii.Section 44(2) of the [1963 c. xxxvii.] Durham County Council Act 1963.
1966 c. xv.Section 29(2) of the [1966 c. xv.] Exeter Corporation Act 1966.
1970 c. xxiv.Section 14(2) of the [1970 c. xxiv.] Huntingdon and Peterborough County Council Act 1970.
1971 c. xv.Section 107(2) of the [1971 c. xv.] Teesside Corporation (General Powers) Act 1971.
1971 c. xxxvi.Section 63(2) of the [1971 c. xxxvi.] Surrey County Council Act 1971.
1971 c. l.Section 44(2) of the [1971 c. l.] Stockport Corporation Act 1971.
1971 c. lx.Section 61(2) of the [1971 c. lx.] Torbay Corporation (No. 2) Act 1971.
1971 c. lxiii.Section 66(2) of the [1971 c. lxiii.] Oxfordshire County Council Act 1971.

(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, as from the appointed day, have effect subject to the like amendment as is made by paragraph (a), (b) or (c) of sub-paragraph (1), as the case may require.

78(1)Nothing in—

(a)the London Building Acts 1930 to 1939 or byelaws there under ; 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 [1980 c. 66.] Highways Act 1980 (except sections 156, 157 and 159),

shall affect any powers of the Corporation under the enactments relating to telegraphs or apply to any telegraphic lines placed or maintained by the Postmaster General, the Post Office or the Corporation by virtue of those enactments.

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

79(1)As from the appointed day, subsections (2) and (3) of section 59 of the [1907 c. clxxiv.] Metropolitan Water Board (Various Powers) Act 1907 (which empower the Post Office to place telegraphic lines along, over or across the lands, works and undertaking of the Metropolitan Water Board) shall be construed so as to confer and impose on the Corporation the like rights and liabilities as are, immediately before that day, conferred and imposed on the Post Office and so as to render it subject to the like restrictions as those to which it is subject by virtue thereof immediately before that day ; and anything done by or to the Post Office under those subsections before that day shall, as from that day, be treated as having been done by or to the Corporation.

(2)As from the appointed day, the reference to the Post Office in subsection (4) of the said section 59 (saving for its rights in relation to the Lee Navigation) and the reference to it in the proviso to section 11 of the [1915 c. lxxiii.] Metropolitan Water Board Act 1915 (which saves its rights under, amongst other enactments, the said Act of 1907) shall be construed as referring to the Corporation.

80Subsection (3) of section 77 of the [1967 c. xxxiii.] Kingston upon Hull Corporation Act 1967 (which provides that byelaws made under that section with reference to the telephone system maintained by the Corporation of Kingston upon Hull shall continue in force only so long as there is in force a licence granted, or having effect as if granted, under section 27 of the 1969 Act by the Post Office to the said Corporation permitting that Corporation to provide telephonic services) shall, as from the appointed day, have effect as if, for the reference to such a licence, there were substituted a reference to a licence so permitting granted, or having effect as if granted, under section 15 by the Corporation ; and the references in subsection (4) of the said section 77 to any such licence as is mentioned in subsection (3) shall, as from that day, be construed accordingly.

81A benefit conferred on the Post Office by a provision of a local Act passed in the same session as this Act or a previous session or of an order confirmed by an Act so passed consisting in securing that a power conferred by the Act or order to acquire land compulsorily, to secure compulsorily the creation of an easement or other right over land or to execute works on, under or over land shall not, except with its consent or agreement, be exercisable in relation to land specified or described in that provision shall, as from the appointed day, also enure for the benefit of the Corporation.

82(1)As from the appointed day, a provision to which this paragraph applies which refers to the rights or powers of the Post Office under a provision of an enactment relating to telegraphs or to the exclusive privilege conferred on it by section 24 of the 1969 Act shall have effect with the substitution—

(a)for any reference to the Post Office of a reference to the Corporation; and

(b)for any reference to the said section 24 of a reference to section 12(1).

(2)A provision to which this paragraph applies that operates to afford protection to, or confer a benefit on, the Post Office with reference to, or to accommodation for, telegraphic lines of it or used by it or to communication by means of telegraphic lines of it or used by it, shall, as from the appointed day, be construed so as, in all respects, to afford the like protection to, or confer the like benefit on, the Corporation with reference to, or to accommodation for, telegraphic lines of it or used by it or, as the case may be, to communication by means of telegraphic lines of it or used by it and subject to the like incidents (if any) as those to which the protection afforded to, or the benefit conferred on, the Post Office is subject (references to the Corporation being, accordingly, substituted where necessary for references to the Post Office); and, so far as may be necessary to preserve continuity in the giving of effect to that provision, anything done before the appointed day by or to the Post Office shall be treated, for the purposes of that provision, as having been done by or to the Corporation.

(3)A provision to which this paragraph applies that operates to permit vehicles in the service of, or employed by, the Post Office to wait on a highway in circumstances in which their waiting there would, apart from that provision, be unlawful, shall, as from the appointed day, have effect as if any reference to the Post Office included a reference to the Corporation.

(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)In this paragraph, " telegraphic line " means anything falling within the definition of that expression in the [1878 c. 76.] Telegraph Act 1878.

83Nothing in a local Act passed in the same session as this Act shall authorise the doing of anything constituting an infringement of the privilege conferred by section 12(1).

84As from the appointed day, article 7 of the [S.I. 1965/1536.] Visiting Forces and International Headquarters (Application of Law) Order 1965 (which empowers the making, by agreement, of exceptions from, among other things, the exclusive privilege of the Post Office with respect to telecommunication) shall have effect as if for the words " section 24(1) of the Post Office Act 1969, and the prohibition imposed by section 89 of that Act" in paragraph (b) there were substituted the words " section 12(1) of the British Telecommunications Act 1981. and the prohibition imposed by section 89 of the Post Office Act 1969 ".

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