Telecommunications Act 1984

The Electricity Supply (Northern Ireland) Order 1972

55 (1) The [S.I. 1972/1072 (N.I. 9).] Electricity Supply (Northern Ireland) Order 1972 shall be amended in accordance with the following provisions of this paragraph.

(2) In Article 2 (interpretation), after paragraph (3) there shall be inserted the following paragraph: —

“(3A) For the purposes of this Order telecommunication apparatus shall be deemed to be injuriously affected where the service provided by the telecommunication system for the purposes of which that apparatus is used is in any manner affected.”.

(3) In Article 32 (restrictions as to lines and other works)—

(a) in sub-paragraph (b) of paragraph (1), 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 ";

(b) in the words before sub-paragraph (i) of that paragraph, for the words from " or " to " order " there shall be substituted the words " or, as the case may be, the operator of that system may by order ";

(c) for paragraph (3) there shall be substituted the following paragraph: —

“(3) Nothing in this Article shall apply to any electric line (being an electric line kept installed solely for the purposes of a telecommunication system), except by way of protection as in this Article provided.”.

(4) In Article 52 (savings) for paragraphs (4) to (6) there shall be substituted the following paragraphs:—

“(4) Subject to paragraph (5), nothing in this Order or in any instrument 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 Service to alter or interfere with any telecommunication apparatus kept installed for the purposes of any such system.

(5) Where for the purposes of carrying out any construction scheme or supply scheme the Service diverts or closes any road or any part of a road under, in, upon, over, along or across which there is kept installed for the purposes of a telecommunications code system any telecommunication apparatus, 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.

(6) The Service, the Department or any person in whom the site of the road or part of the road is vested shall, in connection with the diversion or closure of any road or part of a road as mentioned in paragraph (5), be entitled to require the alteration of any telecommunication apparatus kept installed for the purposes of a telecommunications code system under, in, upon, over, along or across the site of the road or part of the road.

(7) 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 Service for the purposes of any works in connection with the carrying out of a construction scheme or special scheme.

(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 this Article as it applies for the purposes of that code.

(9) Paragraph 21 of the telecommunications code (restriction on removal of telecommunication apparatus) shall apply in relation to any entitlement conferred by paragraph (6) to require the alteration, moving or replacement or any telecommunication apparatus as it applies in relation to an entitlement to require the removal of any such apparatus.

(10) In paragraph (4), the reference to telecommunication apparatus shall not include a reference to any telecommunication apparatus which is kept installed in a conduit or structure falling within subsection (6)(a) of section 98 of the Telecommunications Act 1984 (by virtue of which telecommunication apparatus may be installed in certain conduits etc.).”.

(5) Where in any case a road or part of a road is closed or diverted before the appointed day as mentioned in paragraph (5) of the said Article 52, the said Article 52 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) For Article 53 (protection of British Telecommunications) there shall be substituted the following Article: —

“53 (1) No alteration shall be made, except in pursuance of the telecommunications code, by the Service to any telecommunication apparatus kept installed for the purposes of a telecommunications code system.

(2) The Service shall not in the exercise of any power conferred by this Order, lay down any electric line or do any other work for the supply of electricity by which any telecommunication apparatus kept installed for the purposes of a telecommunications code system is or may be injuriously affected.

(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 Service for the purposes of works authorised by this Order.

(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 this Article as it applies for the purposes of that code.

(5) In this Article, references to telecommunication apparatus shall not include references to any telecommunication apparatus which is kept installed in a conduit or structure falling within subsection (6)(a) of section 98 of the Telecommunications Act 1984 (by virtue of which telecommunication apparatus may be installed in electricity conduits etc.).”.

(7) In paragraph 3 of Schedule 3 (works in or under roads or bridges), the references to British Telecommunications shall nave effect as references to the operator of any telecommunications code system for the purposes of which any telecommunication apparatus is kept installed in, under, along or across the road or bridge mentioned in that paragraph.

(8) In paragraph 7 of Schedule 3 (protection of telegraphic and telephonic wires)—

(a) in sub-paragraph (1), for the words " telegraphic, telephonic or electrical signalling communication " there shall be substituted the word " telecommunications "; and

(b) in sub-paragraph (3), for the words from "the work of" to " communication or " there shall be substituted the words " telecommunications or the ".

(9) In paragraph 28 of Schedule 3 (maps), references to British Telecommunications shall have effect as references to the operator of any telecommunications code system.

(10) In paragraph (b) of sub-paragraph (1) of paragraph 33 of Schedule 3 (remedying of system and works), 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 ; ".

(11) In paragraph 34 of Schedule 3 (interpretation), at the end there shall be inserted the words " references to telecommunication apparatus shall not include references to any telecommunication apparatus which is kept installed in a conduit or structure falling within subsection (6)(a) of section 98 of the Telecommunications Act 1984 (by virtue of which telecommunication apparatus may be installed in electricity conduits etc.). ".