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The Gas (Northern Ireland) Order 1996

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This is the original version (as it was originally made).

Protection from interference

8.—(1) Subject to sub-paragraph (2), a licence holder who carries out any controlled works shall take all reasonable precautions for securing that those works do not interfere with the operation of any telecommunication apparatus which—

(a)is under the control of a person to whom the telecommunications code applies; and

(b)is not unusually sensitive to interference with its operation.

(2) In the case of any telecommunication apparatus which is subsequently installed or altered or whose mode of operation is subsequently changed, the duty imposed by sub-paragraph (1) shall not apply in relation to—

(a)any momentary interference with its operation; or

(b)where it is installed in unreasonably close proximity to the gas apparatus, any other interference with its operation.

(3) Subject to sub-paragraph (4), a person to whom the telecommunications code applies who installs or alters, or changes the mode of operation of, any telecommunications apparatus shall take all reasonable precautions for securing that the operation of that apparatus does not interfere with the operation of any gas apparatus which—

(a)is under the control of a licence holder; and

(b)is not unusually sensitive to interference with its operation.

(4) In the case of any gas apparatus which is subsequently installed or altered or whose mode of operation is subsequently changed, the duty imposed by sub-paragraph (3) shall not apply in relation to—

(a)any momentary interference with its operation; or

(b)where it is installed in unreasonably close proximity to the telecommunications apparatus, any other interference with its operation.

(5) Any difference arising under this paragraph between a licence holder and a person to whom the telecommunications code applies shall be determined by arbitration.

(6) In this paragraph “momentary interference” means any interference of momentary duration which is not a regular occurrence (whether caused by physical contact or otherwise).

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