The Welsh Highland Railway Order 1999

For the protection of British Telecommunications PLC

21.—(1) The following provisions of this article shall apply for the purposes of the protection of BT in relation to the carrying out of the authorised works or the exercise of any other powers conferred by this Order, save in so far as otherwise agreed in writing by BT and the undertaker.

(2) Nothing in this Order or in the Act of 1845 in its application to the railway shall authorise the undertaker to interfere with BT’s telecommunications apparatus.

(3) The temporary stopping up or diversion of any street under article 8 above shall not affect any right of BT under paragraph 9 of the Telecommunications Code, contained in Schedule 2 to the Telecommunications Act 1984(1), in respect of any apparatus which at the time of the temporary stopping up or diversion is in that street.

(4) Where a street is altered under article 9 above and apparatus belonging to BT is under, over or in that street BT shall have the same powers and rights in respect of that apparatus, subject to the provisions of this paragraph, as if this Order had not been made.

(5) The undertaker shall give to BT not less than 28 days notice in writing of its intention to temporarily stop up or alter any street under article 8 or article 9 of this Order if any apparatus belonging to BT is under, over or in that street.

(6) Where a notice under paragraph (5) above has been given, BT may and, if reasonably requested so to do by the undertaker in the notice, shall, as soon as reasonably practicable after service of the notice—

(a) remove the apparatus and place it, or other apparatus provided in substitution for it, in such other position as BT may reasonably determine and have power to place it; or

(b) provide other apparatus in substitution for the existing apparatus and place it in such position.

(7) If any apparatus belonging to BT is damaged as a consequence of the construction, use or failure of the works or any subsidence resulting from the works, the undertaker shall pay the cost reasonably incurred by BT in making good such damage, and shall indemnify BT against claims, demands, proceedings, costs, damages and expenses which may be made or taken against or recovered from or incurred by BT by reason or in consequence of any such damage, but

(a) nothing in this article shall impose any liability on the undertaker with respect to any damage to the extent that such damage is attributable to any act or omission of BT, its officers, servants, contractors or other agents; and

(b) BT shall give to the undertaker reasonable notice of any claim or demand to which this paragraph applies and shall make no settlement or compromise thereof without the consent of the undertaker, such consent not unreasonably to be withheld or delayed.

(8) The undertaker shall not use electrical power in connection with the works authorised by this Order in such a manner as to cause or be likely to cause any interference with telecommunications apparatus or with telecommunication by means of such apparatus, and the undertaker shall indemnify BT against any claims, demands, proceedings, costs, damages and expenses which may be made or taken against or recovered from or incurred by BT by reason or in consequence of such interference, but—

(a) nothing in this article shall impose any liability on the undertaker with respect to any interference to the extent that such interference is attributable to any act or omission of BT, its officers, servants, contractors or other agents; and

(b) BT shall give to the undertaker reasonable notice of any claim or demand as aforesaid and shall make no settlement or compromise thereof without the consent of the undertaker, such consent not to be unreasonably withheld or delayed.

(9) Nothing in this order shall affect any right of a telecommunications operator under Schedule 2 to the Telecommunications Act 1984.

(10) In this article—

“BT” means British Telecommunications PLC; and

“operator” and “telecommunications apparatus” have the same meanings as in Schedule 4 to the Telecommunications Act 1984.

(1)

1984 c. 12.