Railway and Canal Commission (Abolition) Act 1949

2 Functions of Commission under the Telegraph Acts.

(1) For section four of the [41 & 42 Vict. c. 76.] Telegraph Act, 1878, (which provides for the determination of differences relating to telegraphs on streets and public roads by a stipendiary magistrate or county court judge in England or Wales or Northern Ireland, or by the sheriff in Scotland, subject to a right of appeal to the Commission) there shall be substituted the following section:—

“4 Differences generally to be determined by a county court or the sheriff, subject to appeal to High Court or Court of Session.

Where—

(a) any difference arises under this Act or the Telegraph Act, 1863, between the Postmaster General and any body or person having any power, jurisdiction or control over or relating to a street or public road, or having power under the last mentioned Act to give or withhold a consent to the placing of telegraphs and posts in, under, upon, along, over or across a street or public road; or

(b) any other difference arises under this Act, except a difference between the Postmaster General and any body or person having any right, power, jurisdiction or authority in, over, or relating to any estuary or branch of the sea or the shore or bed of any tidal water;

the difference shall be determined by a county court:

Provided that an appeal shall lie to the High Court from any determination under this section of a county court and any such appeal shall be by way of re-hearing before a single judge who shall be designated from time to time by the Lord Chief Justice.

(2) In the application of this section to Scotland, for references to the county court there shall be substituted references to the sheriff, for the reference to the High Court there shall be substituted a reference to the Court of Session, and for the reference to the Lord Chief Justice there shall be substituted a reference to the Lord President of the Court of Session.

(3) In the application of this section to Northern Ireland, for the first reference to a county court there shall be substituted a reference to the county court having jurisdiction within the district in which the difference has arisen; for the reference to the Lord Chief Justice there shall be substituted a reference to the Lord Chief Justice of Northern Ireland; and as respects any appeals to the High Court, provision may be made by rules of the Supreme Court under section sixty-one of the [40 & 41 Vict. c. 57.] Supreme Court of Judicature Act (Ireland), 1877, as amended by the [60 & 61 Vict. c. 66.] Supreme Court of Judicature (Ireland) (No. 2) Act, 1897, for regulating the time within which appeals to the High Court may be made and the procedure and costs of such appeals.”

(2) Section five of the Telegraph Act, 1878, except so far as it relates to differences between the Postmaster General and any body or person having any right, power, jurisdiction, or authority in, over or relating to any estuary, branch of the sea, or the shore or bed of any tidal water, shall cease to have effect, and accordingly shall be repealed to the extent specified in the third column of the Schedule to this Act.

(3) Any difference arising under the [1 & 2 Geo. 5. c. 39.] Telegraph (Construction) Act, 1911, shall be determined in the manner specified in section four of the Telegraph Act, 1878, as amended by this section.

(4) Any reference in any other enactment to section four or section five of the Telegraph Act, 1878, shall be construed as a reference to that section as amended by this section.

(5) Section one of the [9 Edw. 7. c. 20.] Telegraph (Arbitration) Act, 1909 (which provides for the referring to the Commission of differences arising under the Telegraph Acts, 1863 to 1908) shall have effect as if references to the Commission were construed, as respects England and Wales and Northern Ireland, as references to the High Court and," as respects Scotland, as references to the Court of Session.