Telecommunications Act 1984

c i e
AT 11 of 1984

TELECOMMUNICATIONS ACT 1984

Telecommunications Act 1984 Index


c AT 11 of 1984 Page 3

c i e
TELECOMMUNICATIONS ACT 1984

Index Section Page

PART I – INTRODUCTORY 7

1 General duties of Council of Ministers ........................................................................ 7
2 Meaning of “telecommunication system” and related expressions ........................ 8
PART II – PROVISION OF TELECOMMUNICATION SERVICES 9

Licensing etc of telecommunication systems 9

3 Prohibition on running unlicensed systems ............................................................... 9
4 Exceptions to s 3 ............................................................................................................ 10
5 Power to license systems ............................................................................................. 12
6 Special provisions applicable to certain licences ...................................................... 14
7 Public telecommunication systems ............................................................................ 14
8 The telecommunications code ..................................................................................... 15
9 Provisions supplementary to s 8 ................................................................................. 16
Modification of licences 17

10 Modification of licence conditions ............................................................................. 17
Enforcement of licences 18

11 Securing compliance with licence conditions ........................................................... 18
12 Procedural requirements ............................................................................................. 18
13 Validity and effect of orders ........................................................................................ 19
14 Register of licences and orders ................................................................................... 20
Approvals etc for the purposes of licences 21

15 Approval of contractors ............................................................................................... 21
16 Approval, etc, of apparatus ......................................................................................... 21
17 Approval, etc, of meters ............................................................................................... 22
18 Delegation of functions under ss 16 and 17, etc ....................................................... 22
19 Provisions supplementary to ss 15, 16 and 17 .......................................................... 23
20 Registers of approvals, etc ........................................................................................... 24
21 Application of UK approvals ...................................................................................... 24
22 Information, etc, to be marked on or to accompany telecommunication
apparatus ....................................................................................................................... 25
Index Telecommunications Act 1984


Page 4 AT 11 of 1984 c

22A Marking of charges for use of certain apparatus ..................................................... 26
23 Information, etc, to be given in advertisements ....................................................... 27
Acquisition etc of land by public telecommunications operators 28

24 Compulsory purchase of land .................................................................................... 28
25 Entry, for exploratory purposes, on land .................................................................. 28
26 Acquisition of land by agreement .............................................................................. 29
Offences 30

27 Assaults, etc, on employees of public telecommunications operator ................... 30
28 Improper use of public telecommunication system ................................................ 30
29 Fraudulent use of public telecommunication system ............................................. 30
29A Possession or supply of anything for fraudulent purpose in connection
with the use of telecommunications systems ........................................................... 31
30 Interference with public telecommunication system .............................................. 32
31 Disclosure of messages etc .......................................................................................... 32
PART III 33

32 to 35 [Repealed] ............................................................................................................ 33
PART IV – MISCELLANEOUS AND SUPPLEMENTAL 33

Miscellaneous 33

36 Power of Council of Ministers to give directions .................................................... 33
37 Power to require information ..................................................................................... 34
38 Power to require information from operators .......................................................... 35
39 General restrictions on disclosure of information ................................................... 35
40 Offences by bodies corporate ..................................................................................... 36
41 Summary proceedings ................................................................................................. 37
42 Use of certain conduits for telecommunication purposes ...................................... 37
Vesting of property etc of British Telecommunications 38

43 Vesting of property etc, of British Telecommunications ........................................ 38
Supplemental 39

44 Tynwald approval of orders, etc ................................................................................ 39
45 Financial provision ....................................................................................................... 39
46 Interpretation ................................................................................................................ 39
47 Amendments and transitional provisions ................................................................ 40
48 Short title and commencement ................................................................................... 41
SCHEDULE 1 43

THE TELECOMMUNICATIONS CODE 43
APPENDIX 73
SCHEDULE 2 73

AMENDMENTS OF ENACTMENTS 73
Telecommunications Act 1984 Index


c AT 11 of 1984 Page 5

SCHEDULE 3 73

GENERAL TRANSITIONAL PROVISIONS AND SAVINGS 73
SCHEDULE 4 78

ENDNOTES 79

TABLE OF LEGISLATION HISTORY 79
TABLE OF RENUMBERED PROVISIONS 79
TABLE OF ENDNOTE REFERENCES 79

Telecommunications Act 1984 Section 1


c AT 11 of 1984 Page 7

c i e
TELECOMMUNICATIONS ACT 1984

Received Royal Assent: 25 June 1984
Passed: 10 July 1984
Commenced: See endnotes
AN ACT
to provide for the licensing, regulation and provision of
telecommunication services; and for connected purposes.
GENERAL NOTE:
The maximum fines in this Act are as increased by the Criminal
Justice (Penalties, Etc.) Act 1993 s 1.
PART I – INTRODUCTORY

1 General duties of Council of Ministers

[P1984/12/3]
(1) The Council of Ministers shall exercise its functions under this Act in the
manner which it considers is best calculated —
(a) to secure that there are provided throughout the Island, save in so
far as the provision thereof is impracticable or not reasonably
practicable, such telecommunication services as satisfy all
reasonable demands for them including in particular, services
linking the Island with countries outside the Island, emergency
services, public call box services and services in rural areas; and
(b) without prejudice to the generality of paragraph (a), to secure that
any operator by whom such services fall to be provided is able to
finance the provision of those services.1

(2) Subject to subsection (1), the Council of Ministers shall exercise its
functions under this Act in the manner which it considers is best
calculated to promote the interests of consumers, purchasers and other
users of telecommunication services or telecommunication apparatus in
the Island (including in particular, those who are disabled or of
pensionable age) in respect of the prices charged for, and the quality and
variety of, services provided and apparatus supplied.2

Section 2 Telecommunications Act 1984


Page 8 AT 11 of 1984 c

(3) Subsections (1) and (2) do not apply in relation to functions exercisable in
the interests of national security or international relations, and
subsection (2) does not apply in relation to functions under section 8(3).
(4) This section applies to the functions of the Communications Commission
(in this Act referred to as “the Commission
”) under Part II with the
substitution for references to the Council of Ministers of references to the
Commission.3

2 Meaning of “telecommunication system” and related expressions

[P1984/12/4]
(1) In this Act “telecommunication system
” means a system for the
conveyance, through the agency of electric, magnetic, electro-magnetic,
electro-chemical or electro-mechanical energy, of —
(a) speech, music and other sounds;
(b) visual images;
(c) signals serving for the impartation (whether as between persons
and persons, things and things or persons and things) of any
matter otherwise than in the form of sounds or visual images; or
(d) signals serving for the actuation or control of machinery or
apparatus.
(2) For the purposes of this Act telecommunications apparatus which is
situated in the Island and —
(a) is connected to but not comprised in a telecommunication system;
or
(b) is connected to and comprised in a telecommunication system
which extends beyond the Island,
shall be regarded as a telecommunication system and any person who
controls the apparatus shall be regarded as running the system.
(3) In this Act —
“telecommunication apparatus
” means apparatus constructed or adapted for
use —
(a) in transmitting or receiving anything falling within paragraphs (a)
to (d) of subsection (1) which is to be or has been conveyed by
means of a telecommunication system; or
(b) in conveying, for the purposes of such a system, anything falling
within those paragraphs;
“telecommunication service
” means any of the following, that is to say —
(a) a service consisting in the conveyance by means of a
telecommunication system of anything falling within
subsection (1)(a) to (d);
Telecommunications Act 1984 Section 3


c AT 11 of 1984 Page 9

(b) a directory information service, that is to say, a service consisting
in the provision by means of a telecommunication system of
directory information for the purpose of facilitating the use of a
service falling within paragraph (a) and provided by means of
that system; and
(c) a service consisting in the installation, maintenance, adjustment,
repair, alteration, moving, removal or replacement of apparatus
which is or is to be connected to a telecommunication system.
(4) Subject to subsection (6), a telecommunication system is connected to
another telecommunication system for the purposes of this Act if it is
being used, or is installed or connected for use, in conveying anything
falling within subsection (1)(a) to (d) which is to be or has been conveyed
by means of that other system.
(5) Subject to subsection (6), apparatus is connected to a telecommunication
system for the purposes of this Act if it is being used, or is installed or
connected for use —
(a) in transmitting or receiving anything falling within paragraphs (a)
to (d) of subsection (1) which is to be or has been conveyed by
means of that system; or
(b) in conveying, for the purposes of that system, anything falling
within those paragraphs;
and references in this subsection to anything falling within those
paragraphs shall include references to energy of any kind mentioned in
subsection (1).
(6) The connection to a telecommunication system of any other
telecommunication system or any apparatus shall not be regarded as a
connection for the purpose of this Act if that other telecommunication
system or that apparatus would not be so connected but for its
connection to another telecommunication system.
(7) In this section, except subsection (1), “convey” includes transmit, switch
and receive and cognate expressions shall be construed accordingly.
PART II – PROVISION OF TELECOMMUNICATION SERVICES

Licensing etc of telecommunication systems
3 Prohibition on running unlicensed systems

[P1984/12/5]
(1) Subject to the provisions of this section and section 4, a person who runs
a telecommunication system within the Island shall be guilty of an
offence unless he is authorised to run the system by a licence granted
under section 5.
Section 4 Telecommunications Act 1984


Page 10 AT 11 of 1984 c

(2) Subject to the provisions of this section, a person who runs within the
Island a telecommunication system which he is authorised to run by a
licence granted under section 5 shall be guilty of an offence if —
(a) there is connected to the system —
(i) any other telecommunication system; or
(ii) any apparatus,
which is not authorised by the licence to be so connected; or
(b) there are provided by means of the system any
telecommunication services which are not authorised by the
licence to be so provided.
(3) A person guilty of an offence under this section shall be liable —
(a) on summary conviction, to a fine not exceeding £5,000;
(b) on conviction on information to a fine.
(4) Where the commission by any person of an offence under this section is
due to the act or default of some other person, that other person shall be
guilty of the offence; and a person may be charged with and convicted of
the offence by virtue of this subsection whether or not proceedings are
taken against the first-mentioned person.
(5) In any proceedings for an offence under this section it shall, subject to
subsection (6), be a defence for the person charged to prove that he took
all reasonable steps and exercised all due diligence to avoid committing
the offence.
(6) Where the defence provided by subsection (5) involves an allegation that
the commission of the offence was due to the act or default of another
person, the person charged shall not, without leave of the court, be
entitled to rely on that defence unless, within a period ending 7 clear
days before the hearing, he has served on the prosecutor a notice in
writing giving such information identifying or assisting in the
identification of that other person as was then in his possession.
(7) No proceedings shall be instituted in respect of an offence under this
section except by the Commission or by or with the consent of the
Attorney General.4

4 Exceptions to s 3

[P1984/12/6]
(1) [Repealed]5

(2) Section 3(1) is not contravened by —
(a) the running of a system in the case of which the only agency
involved in the conveyance of things thereby conveyed is light
and the things thereby conveyed are so conveyed as to be capable
of being received or perceived by the eye and without more;
Telecommunications Act 1984 Section 4


c AT 11 of 1984 Page 11

(b) the running by a person of a system which is not connected to
another system and in the case of which all the apparatus
comprised therein is situated either —
(i) on a single set of premises in single occupation; or
(ii) in a vehicle, vessel, aircraft or hovercraft or in two or more
vehicles, vessels, aircraft or hovercraft mechanically
coupled together; or
(c) the running by a single individual of a system which is not
connected to another system and in the case of which —
(i) all the apparatus comprised therein is under his control;
and
(ii) everything conveyed by it that falls within section 2(1)(a)
to (d) is conveyed solely for domestic purposes of his;
and references in paragraphs (b) and (c) to another telecommunication
system do not include references to a telecommunication system to
which subsection (2A) applies (whether run by a broadcasting authority
or by any other person).6

(2A) This subsection applies to a telecommunication system in the case of
which every conveyance made by it is either —
(a) transmission, by wireless telegraphy, from a transmitting station
for general reception of sounds, visual images or such signals as
are mentioned in section 2(1)(c); or
(b) a conveyance within a single set of premises of sounds, visual
images or such signals which are to be or have been so
transmitted.7

(3) In the case of a business carried on by a person, section 3(1) is not
contravened by the running, for the purposes of that business, of a
system which is not connected to another system and with respect to
which the conditions specified in subsection (4) are satisfied.
(4) The said conditions are —
(a) that no person except the person carrying on the business is
concerned in the control of the apparatus comprised in the
system;
(b) that nothing falling within section 2(1)(a) to (d) is conveyed by the
system by way of rendering a service to another;
(c) that, in so far as sounds or visual images are conveyed by the
system, they are not conveyed for the purpose of their being
heard or seen by persons other than the person carrying on the
business or any employees of his engaged in the conduct thereof;
(d) that in so far as such signals as are mentioned in section 2(1)(c) are
conveyed by the system, they are not conveyed for the purpose of
imparting matter otherwise than to the person carrying on the
Section 5 Telecommunications Act 1984


Page 12 AT 11 of 1984 c

business, any employees of his engaged in the conduct thereof or
things used in the course of the business and controlled by him;
and
(e) that, in so far as such signals as are mentioned in section 2(1)(d)
are conveyed by the system, they are not conveyed for the
purpose of actuating or controlling machinery or apparatus used
otherwise than in the course of the business.
(5) In this section —
“broadcasting authority” means a person licensed under the Wireless
Telegraphy Act 1949 (an Act of Parliament) to broadcast programmes for
general reception;
“business” includes a trade, profession or employment and includes any
activity carried on by a body of persons, whether corporate or
unincorporate;
“vessel” means a vessel of any description used in navigation;
“wireless telegraphy” has the same meaning as in the said Act of 1949.
5 Power to license systems

[P1984/12/7]
(1) A licence may be granted by —
(a) in the case of a licence to which section 6 applies, the Council of
Ministers;8

(b) in any other case, the Commission;
for the running of any such telecommunication system as is specified in
the licence or is of a description so specified.9

(2) A licence granted under this section shall be in writing and, unless
previously revoked in accordance with any term in that behalf contained
in the licence, shall continue in force for such period as may be specified
in or determined by or under the licence.
(3) A licence granted under this section may be granted either to all persons,
to persons of a class or to a particular person.
(4) A licence granted under this section may authorise —
(a) the connection to any telecommunication system to which the
licence relates of —
(i) any other telecommunication system specified in the
licence or of a description so specified; and
(ii) any apparatus so specified or of a description so specified;
and
Telecommunications Act 1984 Section 5


c AT 11 of 1984 Page 13

(b) the provision by means of any telecommunication system to
which the licence relates of any telecommunication services
specified in the licence or of a description so specified.
(5) A licence granted under this section may include —
(a) such conditions (whether relating to the running of a
telecommunication system to which the licence relates or
otherwise) as appear to the Council of Ministers or to the
Commission, as the case may be, to be requisite or expedient
having regard to the duties imposed on it by section 1;10

(b) conditions requiring the rendering to the Treasury of a payment
on the grant of the licence or payments during the currency of the
licence or both of such amount or amounts as may be determined
by or under the licence; and11

(c) conditions requiring any person who is authorised by the licence
to run a telecommunication system to furnish to the Commission,
in such manner and at such times as it may reasonably require,
such documents, accounts, estimates, returns or other information
as the Commission may require for the purpose of exercising its
functions under this Part.12

(6) Without prejudice to the generality of subsection (5)(a), conditions
included by virtue of that paragraph in a licence granted under this
section to a particular person may require that person —
(a) to comply with any direction given by the Council of Ministers or
the Commission as to such matters as are specified in the licence
or are of a description so specified;13

(b) except in so far as the Council of Ministers or the Commission
consents to his doing or not doing them, not to do or to do such
things as are specified in the licence or are of a description so
specified; and14

(c) to refer for determination by the Council of Ministers or the
Commission such questions arising under the licence as are
specified in the licence or are of a description so specified.15

(7) A licence granted under this section otherwise than to a particular person
shall be published in such manner as appears to the Council of Ministers
or the Commission, as the case may be, to be appropriate for bringing it
to the attention of the persons for whose benefit it will enure.16

(8) Any sums received by the Treasury under this section shall be paid into
the general revenue of the Island.17

(9) Where a licence granted under this section to a particular person
includes a provision requiring that person to run any telecommunication
system to which the licence relates through the agency of some other
person, that other person, as well as the first-mentioned person, shall be
Section 6 Telecommunications Act 1984


Page 14 AT 11 of 1984 c

taken for the purposes of this section and the following provisions of this
Part to be authorised by that licence to run that system.
6 Special provisions applicable to certain licences

[P1984/12/8]
(1) This section applies to any licence granted under section 5 to a particular
person which includes conditions requiring that person —
(a) to provide such telecommunication services as are specified in the
licence or are of a description so specified;
(b) to connect to any telecommunication system to which the licence
relates, or permit the connection to any such system, of such other
telecommunication systems and such apparatus as are specified in
the licence or are of a description so specified;
(c) to permit the provision by means of any telecommunication
system to which the licence relates of such services as are
specified in the licence or are of a description so specified;
(d) not to show undue preference to, or to exercise undue
discrimination against, any person or persons of any class or
description as respects any service provided, connection made or
permission given in pursuance of such conditions as are
mentioned in paragraphs (a), (b) and (c) (whether in respect of the
charges or other terms or conditions applied or otherwise); and
(e) to publish, in such manner and at such times as may be specified
in the licence, a notice specifying, or specifying the method that is
to be adopted for determining, the charges and other terms and
conditions that are to be applicable to such services so provided,
such connections so made and such permissions so given as are
specified in the licence or are of a description so specified.
(2) It is immaterial for the purposes of subsection (1) whether the person to
whom the licence is granted is required to refer for determination by the
Council of Ministers or by the Commission such questions arising under
the conditions mentioned in subsection (1)(a) to (e) as are specified in the
licence or are of a description so specified.18

(3) A licence to which this section applies shall not have effect unless the
licence has been approved by Tynwald.
7 Public telecommunication systems

[P1984/12/9]
(1) The Council of Ministers may by order designate as a public
telecommunication system any telecommunication system the running of
which is authorised by a licence under section 5; and any reference in
this Act to a public telecommunication system is a reference to a
Telecommunications Act 1984 Section 8


c AT 11 of 1984 Page 15

telecommunication system which is so designated and the running of
which is so authorised.19

(2) In this Act “public telecommunications operator
” means a person
authorised by a licence to which section 6 applies to run a public
telecommunication system.
(3) In any case where it appears to the Council of Ministers that it is
expedient for transitional provision to be made in connection with a
telecommunication system ceasing to be a public telecommunication
system, or a person ceasing to be a public telecommunications operator,
the Council of Ministers may make a scheme giving effect to such
transitional provision as it thinks fit.20

8 The telecommunications code

[P1984/12/10]
(1) Subject to the following provisions of this section, the code (to be known
as “the telecommunications code”) which is contained in Schedule 1 shall
have effect where it is applied to a particular person by a licence under
section 5 authorising that person to run a telecommunication system.
(2) The telecommunications code shall not be applied to a person authorised
by a licence under section 5 to run a telecommunication system unless —
(a) that licence is a licence to which section 6 applies; or
(b) it appears to the Commission —
(i) that the running of the system will benefit the public; and
(ii) that it is not practicable for the system to be run without
the application of that code to that person.21

(3) Where the telecommunications code is applied to any person by a licence
under section 5 it shall have effect with such exceptions and subject to
such conditions as may be specified in the licence for the purpose of
qualifying the rights exercisable by that person by virtue of the code.
(4) Without prejudice to the generality of subsection (3), the exceptions and
conditions there mentioned may include such exceptions and conditions
as appear to the Council of Ministers or the Commission, as the case may
be, to be expedient for the purpose of securing —
(a) that the physical environment is protected and in particular, that
the natural beauty and amenity of the countryside is conserved;
(b) that there is no greater damage to streets or interference with
traffic than is reasonably necessary;
(c) that funds are available for meeting any liabilities which may
arise from the exercise of rights conferred by or in accordance
with the code.22

Section 9 Telecommunications Act 1984


Page 16 AT 11 of 1984 c

(5) Any condition falling within subsection (4), may impose on the person to
whom the code is applied a requirement to comply with directions given
in a manner specified in the condition and by a person so specified or of
a description so specified.
(6) Where, in accordance with subsection (2)(b), the Commission applies the
telecommunications code by a licence granted under section 5, the
licence shall not have effect unless the licence has been approved by
Tynwald.23

9 Provisions supplementary to s 8

[P1984/12/11]
(1) In any case where it appears to the Council of Ministers that it is
expedient for transitional provision to be made in connection with the
telecommunications code ceasing to apply to any person by reason of the
expiry or revocation of a person’s licence under section 5, the Council of
Ministers may make a scheme giving effect to such transitional
provisions as it thinks fit.24

(2) Without prejudice to the generality of subsection (1), a scheme under that
subsection may —
(a) impose obligations on a person to whom the telecommunications
code has ceased to apply as mentioned in subsection (1) to remove
anything installed in pursuance of any right conferred by or in
accordance with the telecommunications code, to restore land to
its condition before anything was done in pursuance of any such
right or to pay the expenses of any such removal or restoration;
(b) provide for those obligations to be enforceable in such manner
(otherwise than by criminal penalties) and by such persons as
may be specified in the scheme;
(c) authorise the retention of apparatus on any land pending the
grant of a licence under section 5 authorising the running by any
person of a telecommunication system for the purposes of which
that apparatus may be used;
(d) provide for the purposes of any provision contained in a scheme
by virtue of paragraph (a), (b) or (c) for such questions arising
under the scheme as are specified in the scheme, or are of a
description so specified, to be referred to, and determined by the
Council of Ministers or by the Commission.25

Telecommunications Act 1984 Section 10


c AT 11 of 1984 Page 17

Modification of licences
10 Modification of licence conditions

[P1984/12/12]
(1) Subject to the following provisions of this section, the Commission may
modify the conditions of a licence granted under section 5.26

(2) A licence granted under section 5 to a particular person may include
provision that the licence shall not be modified under this section
without the consent of that person, and such provision may be expressed
to have effect —
(a) either for the period specified in or determined by or under the
licence as mentioned in section 5(2), or for such lesser period as
may be specified in that behalf in the licence;
(b) either as respects all the conditions of the licence, or as respects
such of those conditions as may be so specified; and
(c) either in any circumstances, or in such circumstances as may be so
specified.
(3) Before making modifications under this section, the Commission shall
cause notice to be given —
(a) stating that it proposes to make the modifications and setting out
their effect;
(b) stating the reasons why it proposes to make the modifications;
and
(c) specifying the time (not being less than 28 days from the date of
publication of the notice) within which representations or
objections with respect to the proposed modifications may be
made,
and shall consider any representations or objections which are duly
made and not withdrawn.27

(4) A notice under subsection (3) shall be given by publication in such
manner as the Commission considers appropriate and by sending a copy
of the notice to the operator.28

(5) The Commission shall also send a copy of a notice under subsection (3)
to the Chief Secretary; and if, within the time specified in the notice, the
Council of Ministers directs the Commission not to make any
modification, the Commission shall comply with the direction.29

Section 11 Telecommunications Act 1984


Page 18 AT 11 of 1984 c

Enforcement of licences
11 Securing compliance with licence conditions

[P1984/12/16]
(1) Subject to section 12, where it appears to the Commission that an
operator is contravening or has contravened and is likely again to
contravene any of the conditions of his licence, the Commission may by
an order make such provision as is requisite for the purpose of securing
compliance with that condition.30

(2) An order under this section —
(a) shall require the operator (according to the circumstances of the
case) to do, or not to do such things as are specified in the order or
are of a description so specified;
(b) shall take effect at the end of such period as is reasonable in all the
circumstances and is determined by or under the order; and
(c) may be revoked at any time by the Commission.31

(3) In this section and sections 12 to 14 “operator
” means a person who is
authorised by a licence granted under section 5 to run a
telecommunication system.
12 Procedural requirements

[P1984/12/17]
(1) Before making an order under section 11, the Commission shall cause
notice to be given —
(a) stating that it proposes to make the order and setting out its effect;
(b) stating the relevant condition of the licence and the acts or
omissions which, in its opinion, constitute or would constitute
contravention of it; and
(c) specifying the time (not being less than 28 days from the date of
publication of the notice) within which representations or
objections to the proposed order may be made,
and shall consider any representations or objections which are duly
made and not withdrawn.32

(2) Before revoking an order under section 11 the Commission shall cause
notice to be given —
(a) stating that it proposes to revoke the order and setting out its
effect; and
(b) specifying the time (not being less than 28 days from date of
publication of the notice) within which representations or
objections to the proposed revocation may be made,
Telecommunications Act 1984 Section 13


c AT 11 of 1984 Page 19

and shall consider any representations or objections which are duly
made and not withdrawn.33

(3) A notice under subsection (1) or (2) shall be given by publication in such
manner as the Commission considers appropriate and by sending a copy
of the notice to the operator.34

(4) The Commission shall not make an order under section 11 with
modifications except with the consent of the operator or after complying
with the requirements of subsection (5).35

(5) The said requirements are that the Commission shall —
(a) cause to be given to the operator such notice as appears to it
requisite of its proposal to make the order with modifications;
(b) specify the time (not being less than 28 days from the date of the
service of the notice) within which representations or objections to
the proposed modifications may be made; and
(c) consider any representations or objections which are duly made
and not withdrawn.36

(6) As soon as practicable after an order under section 11 is made, the
Commission shall —
(a) cause the order to be published in such a manner as it considers
appropriate for the purpose of bringing the order to the attention
of persons likely to be affected by it; and
(b) cause a copy of the order to be served on the operator.37

13 Validity and effect of orders

[P1984/12/18]
(1) If the operator is aggrieved by an order under section 11 and desires to
question its validity on the ground that it is not within the powers of that
section or that any of the requirements of section 12 have not been
complied with in relation to it, he may within 42 days from the date of
service on him of a copy of the order make an application to the High
Court under this section.
(2) On any such application the High Court may, if satisfied that the order is
not within those powers or that the interests of the operator have been
substantially prejudiced by a failure to comply with those requirements,
quash the order or any provision of the order.
(3) Except as provided by this section, the validity of an order under
section 11 shall not be questioned by any legal proceedings whatever.
(4) No criminal proceedings shall, by virtue of the making of an order under
section 11, lie against any person on the ground that he has committed,
or aided, abetted, counselled or procured the commission of, or
Section 14 Telecommunications Act 1984


Page 20 AT 11 of 1984 c

conspired or attempted to commit, or incited others to commit, any
contravention of the order.
(5) The obligation to comply with an order under section 11 is a duty owed
to any person who may be affected by a contravention of it.
(6) Without prejudice to any right which any person may have by virtue of
subsection (7)(a) to bring civil proceedings in respect of any
contravention or apprehended contravention of an order under
section 11, compliance with any such order shall be enforceable by civil
proceedings by the Attorney General for an injunction or for any other
appropriate relief.
(7) Where a duty is owed by virtue of subsection (5) to any person —
(a) any breach of the duty which causes that person to sustain loss or
damage; and
(b) any act which, by inducing a breach of that duty or interfering
with its performance causes that person to sustain loss or damage
and which is done wholly or partly for the purpose of achieving
that result,
shall be actionable at the suit or instance of that person.
(8) In any proceedings brought against any person in pursuance of
subsection (7)(a), it shall be a defence for him to prove that he took all
reasonable steps and exercised all due diligence to avoid contravening
the order.
(9) In this section “act”, in relation to any person, includes any failure to do
an act which he is under a duty to do and “done” shall be construed
accordingly.
14 Register of licences and orders

[P1984/12/19]
(1) The Commission shall keep a register of licences granted under section 5
and orders made under section 11 at such premises and in such form as it
may determine.38

(2) Subject to any direction given under subsection (3), the Commission shall
cause to be entered in the register particulars —
(a) of every licence granted under section 5 and of every modification
of such a licence made under section 10; and
(b) of every order made under section 11 and of every revocation of
such an order.39

(3) If it appears to the Council of Ministers that the entry of any particulars
in the register would be against the public interest or commercial
interests of any person, it may, except where the particulars relate to a
Telecommunications Act 1984 Section 15


c AT 11 of 1984 Page 21

licence which requires the approval of Tynwald, direct the Commission
not to enter those particulars in the register.40

(4) The register shall be open to public inspection during such hours and
subject to payment of such fee as may be prescribed by an order made by
the Treasury.41

(5) Any person may, on payment of such fee as may be prescribed by an
order so made, require the Commission to supply to him a copy of or
extract from any part of the register, certified by or on behalf of the
Commission to be a true copy or extract.42

(6) Any sums received by the Commission under this section shall be paid
into the general revenue of the Island.43

Approvals etc for the purposes of licences
15 Approval of contractors

[P1984/12/20(1), (3) and (10)]
(1) Where licences granted under section 5 include provisions which are
framed by reference to the carrying out of relevant operations by persons
for the time being approved under this section then, for the purposes of
those provisions, the Commission may approve persons under this
section in relation to such operations.44

(2) An approval under this section may apply either to a particular person or
to persons of a description specified in the approval, and may so apply
either in relation to particular relevant operations or in relation to
relevant operations of a description so specified.
(3) In this section “relevant operations” means the installation, maintenance,
adjustment, repair, alteration, moving, removal or replacement of
apparatus which is or is to be connected to any telecommunication
system to which a licence under section 5 relates.
16 Approval, etc, of apparatus

[P1984/12/22(1) and (3)]
(1) Where licences granted under section 5 include provisions which are
framed by reference to apparatus for the time being approved under this
section for connection to telecommunication systems to which the
licences relate, then, for the purposes of those provisions, the
Commission may approve apparatus for connection to those systems.45

(2) An approval under this section may apply either to particular apparatus
or to any apparatus of a description specified in the approval, and may
so apply either for the purposes of a particular telecommunication
system or for the purposes of any telecommunication system of a
description so specified.
Section 17 Telecommunications Act 1984


Page 22 AT 11 of 1984 c

17 Approval, etc, of meters

[P1984/12/24(1), (3), (8) and (15)]
(1) Where licences granted under section 5 include provisions which are
framed by reference to meters for the time being approved under this
section for use in connection with telecommunication systems to which
the licences relate, then, for the purposes of those provisions, the
Commission may approve meters for use in connection with those
systems.46

(2) An approval under this section may apply either to a particular meter or
to any meter of a description specified in the approval, and may so apply
either for the purposes of a particular telecommunication system or for
the purposes of any telecommunication system of a description so
specified.
(3) A meter shall not be approved under this section for use in connection
with any telecommunication system unless either —
(a) the meter conforms to a standard designated under section 19
which applies to it for the purposes of that system; or
(b) the Commission is satisfied that, if used in connection with that
system in accordance with the approval, the meter would be
sufficiently accurate and reliable.47

(4) In this section “meter” means any system or apparatus constructed or
adapted for use in ascertaining the value of telecommunication services
provided by means of a telecommunication system.
18 Delegation of functions under ss 16 and 17, etc

[P1984/12/25 and 26]
(1) A person appointed by the Commission may exercise any function
conferred on the Commission by section 16 or 17 to such extent and
subject to such conditions as may be specified in the appointment; and
an appointment under this section may authorise the person appointed
to retain any fees received by him.48

(2) Before appointing any person under this section, the Commission shall
consult with the persons running the telecommunication systems
concerned, or with such organisations as appear to the Commission to be
representative of those persons.49

(3) The Treasury may make grants or loans —
(a) to persons by whom any matter falls to be determined for the
purposes of any requirement imposed in pursuance of
section 19(1) or (2); or
(b) to persons appointed under this section.50

Telecommunications Act 1984 Section 19


c AT 11 of 1984 Page 23

(4) Any loans under this section shall be repaid to the Treasury at such times
and by such methods, and interest thereon shall be paid to it at such rates
and at such times, as the Treasury may from time to time direct.51

19 Provisions supplementary to ss 15, 16 and 17

(1) A person applying for an approval under section 15, 16 or 17 may be
required by the Commission to comply with such requirements as the
Commission may think appropriate; and those requirements may
include a requirement to satisfy some other person with respect to any
matter.52

(2) An approval under section 15, 16 or 17 may specify conditions which
must be complied with if the approval is to apply, for any purpose
specified in the approval, to any person who, or any apparatus or meter
which, is so specified or is of a description so specified; and any such
condition may impose on the person to whom the approval is given a
requirement from time to time to satisfy any person with respect to any
matter.
(3) Nothing in this section shall preclude a person (other than the
Commission) who is charged with determining any matter for the
purposes of any requirement imposed in pursuance of subsection (1) or
(2) from requiring any payment to be made in respect of the carrying out
of any test or other assessment made by him.53

(4) The Commission may designate standards to which apparatus, or any
meter, of a description specified in the designation must conform if it is
to be approved for connection to, or for use in connection with, a
telecommunication system so specified or of a description so specified
and a standard so designated may apply subject to such exceptions as
may be determined by or under the designation.54

(5) A designation under this section may specify conditions which must be
complied with if any apparatus or meter of a description specified in the
designation is to be regarded, for any purposes so specified, as
conforming to the standard to which the designation relates.
(6) Before giving an approval under section 17 by virtue of section 17(3)(b)
or designating a standard under this section, the Commission shall cause
notice to be given —
(a) stating that proposes to give the approval or make the designation
and setting out its effect;55

(b) stating any conditions which it proposes to specify in the
approval or designation; and56

(c) specifying the time (being not less than 28 days from the date of
publication of the notice) within which representations or
Section 20 Telecommunications Act 1984


Page 24 AT 11 of 1984 c

objections with respect to the proposed approval or designation
may be made,
and shall consider any representations or objections which are duly
made and not withdrawn.57

(7) A notice under subsection (6) shall be given by sending a copy of the
notice —
(a) in the case of an approval, to the person applying for the
approval; or
(b) in the case of a designation, to the person running the system,
and (in either case) to such other persons (if any) as the Commission
considers appropriate.58

(8) Any power conferred by section 15, 16 or 17 or this section to give an
approval or designate a standard includes a power to vary or withdraw
an approval given or designation made in the exercise of that power.
(9) The Treasury may by order provide for the payment of fees in respect of
approvals or designations under section 15, 16 or 17, or this section.59

(10) Any sums received by the Commission under section 15, 16 or 17 or this
section shall be paid into the general revenue of the Island.60

20 Registers of approvals, etc

[P1984/12/21 and 23]
(1) The Commission shall keep registers of approvals given under
sections 15 and 16 and designations made under section 19 (other than
designations relating to meters) at such premises and in such form as it
may determine.61

(2) The Commission shall cause particulars of every such approval or
designation, and every variation or withdrawal of such an approval or
designation, to be entered in the register.62

(3) Subsections (3) to (6) of section 14 shall apply for the purposes of this
section as they apply for the purposes of that section.
21 Application of UK approvals

(1) If the Commission is satisfied that a telecommunication system to which
a licence under section 5 relates (“the Manx system”) is of a similar type
to a telecommunication system to which a licence under section 7 of the
U.K. Act relates (“the U.K. system”), it may by order provide that
apparatus approved under section 22 of the U.K. Act for connection to
the U.K. system shall be deemed to be approved under section 16 for
connection to the Manx system, subject to compliance with any relevant
conditions specified in the approval under the said section 22 and to such
further conditions (if any) as may be specified in the order.63

Telecommunications Act 1984 Section 22


c AT 11 of 1984 Page 25

(2) An order under subsection (1) may relate to all apparatus from time to
time approved for connection to the U.K. system or to apparatus of a
description specified in the order, and any such description may be
framed by reference to any circumstances whatsoever.
(3) Before making an order under this section the Commission shall consult
the Commission and the person by whom the relevant approval under
section 22 of the U.K. Act was given, and shall cause notice to be given —
(a) stating that it proposes to make the order and setting out its effect,
(b) stating any conditions which it proposes to specify in the order;
and
(c) specifying the time (being not less than 28 days from the date of
publication of the notice) within which representations or
objections with respect to the proposed order may be made,
and shall consider any representations or objections which are duly
made and not withdrawn.64

(4) A notice under subsection (3) shall be given by sending a copy of the
notice to —
(a) the person to whom the relevant licence under section 5 was
granted; and
(b) such other persons (if any) as the Commission may consider
appropriate.65

(5) This section applies, with any necessary modifications, to meters
approved under section 24 of the U.K. Act as it applies to apparatus
approved under section 22 of that Act.
Marking etc. of telecommunication apparatus
22 Information, etc, to be marked on or to accompany telecommunication

apparatus

[P1984/12/28]
(1) Where it appears to the Commission expedient that telecommunication
apparatus should be marked with or accompanied by any information or
instruction relating to the apparatus or its connection or use, the
Commission may by order impose requirements for securing that the
apparatus is so marked or accompanied, and regulate or prohibit the
supply of such apparatus with respect to which the requirements are not
complied with; and the requirements may extend to the form and
manner in which the information or instruction is to be given.66

(2) Where an order under this section is in force with respect to
telecommunication apparatus of any description, any person who, in the
course of any trade or business, supplies or offers to supply
telecommunication apparatus of that description in contravention of the
order shall, subject to subsection (3), be guilty of an offence and liable —
Section 22 Telecommunications Act 1984


Page 26 AT 11 of 1984 c

(a) on summary conviction, to a fine not exceeding £5,000;
(b) on conviction on information, to a fine.
(3) Subsections (4) to (6) of section 3 shall apply for the purposes of this
section as they apply for the purposes of that section.
(4) An order under this section may, in the case of telecommunication
apparatus supplied in circumstances where the information or
instruction required by the order would not be conveyed until after
delivery, require the whole or part thereof to be also displayed near the
apparatus.
(5) For the purposes of this section a person exposing telecommunication
apparatus for supply or having telecommunication apparatus in his
possession for supply shall be deemed to offer to supply it.
(6) In this section and section 23 “supply
” has the meaning given by
section 61 of the Consumer Protection Act 1991.67

22A Marking of charges for use of certain apparatus

(1) This section applies to telecommunication apparatus which is —
(a) connected to a public telecommunication system, and
(b) so designed or adapted that a person other than a subscriber to
the system may communicate with another person by means of
the apparatus and on payment (whether by the insertion of a coin
or coins or by any other means).
(2) The Commission may by order require any description of apparatus to
which this section applies to bear a prescribed indication as to the
charges which are made for the use of the apparatus.
(3) An order under his section may —
(a) require the charges to be specified, or to be indicated by reference
to any prescribed scale of charges (whether or not in force at the
time of the making of the order);
(b) provide for the person responsible for any contravention of the
order to be guilty of an offence, punishable on summary
conviction by a fine not exceeding such amount (which shall not
exceed £1,000) as may be prescribed;
(c) provide, where apparatus bears a prescribed indication which is
false or misleading, for the person responsible to be guilty of an
offence, punishable on summary conviction by a fine not
exceeding such amount (which shall not exceed £5,000) as may be
prescribed;
(d) specify the person who is to be treated as responsible for any act
or omission referred to in paragraph (b) or (c);
Telecommunications Act 1984 Section 23


c AT 11 of 1984 Page 27

(e) enable a prescribed person to inspect any apparatus to which the
order applies to ascertain whether there is or has been any
contravention of the order, and for that purpose to enter any
premises where the apparatus is kept and to use the apparatus;
(f) for the purposes of the exercise of any power of entry conferred
under paragraph (e), apply with prescribed modifications the
provisions of sections 35 and 36 of the Local Government Act 1985.
(4) In this section “prescribed” means prescribed by an order under this
section.68

23 Information, etc, to be given in advertisements

[P1984/12/29]
(1) Where it appears to the Commission expedient that any description of
advertisements of telecommunication apparatus should contain or refer
to any information relating to the apparatus or its connection or use, the
Commission may by order impose requirements as to the inclusion of
that information, or an indication of the means by which it may be
obtained, in advertisements of that description.69

(2) Where an advertisement of any telecommunication apparatus to be
supplied in the course of any trade or business fails to comply with any
requirement imposed under this section, any person who publishes the
advertisement shall, subject to subsection (3) and (4), be guilty of an
offence and liable —
(a) on summary conviction, to a fine not exceeding £5,000;
(b) on conviction on information, to a fine.
(3) Subsections (4) to (6) of section 3 shall apply for the purposes of this
section as they apply for the purposes of that section.
(4) In any proceedings for an offence under this section it shall be a defence
for the person charged to prove that he is a person whose business it is to
publish or arrange for the publication of advertisements and that he has
received the advertisement for publication in the ordinary course of
business and did not know and had no reason to suspect that its
publication would amount to an offence under this section.
(5) An order under this section may specify the form and manner in which
any information or indication required by the order is to be included in
advertisements of any description.
(6) In this section “advertisement” includes a catalogue, a circular and a
price list.
Section 24 Telecommunications Act 1984


Page 28 AT 11 of 1984 c

Acquisition etc of land by public telecommunications operators
24 Compulsory purchase of land

[P1984/12/34]
(1) A public telecommunications operator may acquire compulsorily any
land which is required by the operator for, or in connection with, the
establishment or running of the operator’s system or as to which it can
reasonably be foreseen that it will be so required.
(2) No petition shall be made for a resolution of Tynwald authorising a
compulsory purchase under this section except with the consent of the
Council of Ministers.70

(3) Where a public telecommunications operator has acquired any land
under this section, he shall not dispose of that land or of any interest or
right in or over it except with the consent of the Council of Ministers.71

25 Entry, for exploratory purposes, on land

[P1984/12/37] [P1971/78/179, 280 and 281]
(1) A person nominated by a public telecommunications operator and duly
authorised in writing by or on behalf of the Council of Ministers may, at
any reasonable time, enter upon and survey any land, other than land
covered by buildings or used as a garden or pleasure ground, for the
purpose of ascertaining whether the land would be suitable for use by
the operator for, or in connection with, the establishment or running of
the operator’s system.72

(2) Subject to subsection (3), any power conferred by this section to survey
land shall include power to search and bore for the purpose of
ascertaining the nature of the subsoil.
(3) Where a person proposes to carry out any works authorised by virtue of
subsection (2) —
(a) he shall not carry out those works unless notice of his intention to
do so was included in the notice required by subsection (4), and
(b) if the land in question is held by statutory undertakers, and those
undertakers object to the proposed works on the ground that the
carrying out thereof would be seriously detrimental to the
carrying on of their undertaking, the works shall not be carried
out without the authority of the Council of Ministers.73

(4) A person authorised under this section to enter any land shall, if so
required, produce evidence of his authority before so entering, and shall
not demand admission as of right to any land which is occupied unless
28 days’ notice of the intended entry has been given to the occupier.
Telecommunications Act 1984 Section 26


c AT 11 of 1984 Page 29

(5) Any person who wilfully obstructs a person acting in the exercise of his
powers under this section shall be guilty of an offence and liable on
summary conviction to a fine not exceeding £1,000.
(6) If any person who, in compliance with the provisions of this section, is
admitted to a factory, workshop, or workplace discloses to any person
any information obtained by him therein as to any manufacturing
process or trade secret, he shall, unless the disclosure is made in the
course of performing his duty in connection with the purpose for which
he was authorised to enter the premises, be guilty of an offence and
liable —
(a) on summary conviction to a fine not exceeding £5,000, or
(b) on conviction on information to imprisonment for a term not
exceeding 2 years or to a fine, or both.
(7) Where, in an exercise of the power conferred by this section, any damage
is caused to land or to chattels, the operator shall make good the damage
or pay to every person interested in the land or chattels compensation in
respect of the damage; and where, in consequence of an exercise of that
power, any person is disturbed in his enjoyment of any land or chattels,
the operator shall pay to that person compensation in respect of the
disturbance.
(8) Any question of disputed compensation under this section shall be
determined in accordance with Part III of the Acquisition of Land Act 1984.
(9) In this section “statutory undertakers” means any person (including a
local authority) authorised by any enactment or statutory provision to
carry on —
(a) any railway, tramway, road transport or lighthouse undertaking;
(b) any undertaking for the supply of water, gas, electricity or
heating; or
(c) any undertaking for the disposal of sewage,
and includes a public telecommunications operator.
26 Acquisition of land by agreement

[P1984/12/40(1)]
For the purposes of the acquisition of land by agreement by a public
telecommunications operator, the provisions of Part IV of the Acquisition of Land
Act 1984 (so far as applicable), other than sections 13, 15, 16 and 24, shall apply.
Section 27 Telecommunications Act 1984


Page 30 AT 11 of 1984 c

Offences
27 Assaults, etc, on employees of public telecommunications operator

[P1984/12/46]
(1) A person who —
(a) assaults or intentionally obstructs a person engaged in the
business of a public telecommunications operator; or
(b) whilst in any premises used for the purposes of the business of
such an operator, intentionally obstructs the course of business of
the operator,
shall be guilty of an offence and liable on summary conviction to a fine
not exceeding £1,000.
(2) Any person engaged in the business of a public telecommunications
operator may require any person guilty of an offence under
subsection (1) to leave premises used for the purposes of that business
and, if any such offender who is so required refuses or fails to comply
with the requirement, he shall be liable on summary conviction to a
further fine not exceeding £1,000 and may be removed by an employee of
the operator; and any constable shall on demand remove or assist in
removing any such person.
28 Improper use of public telecommunication system

[P1984/12/43]
(1) A person who —
(a) sends, by means of public telecommunication system, a message
or other matter that is grossly offensive or of an indecent, obscene
or menacing character; or
(b) sends by those means, for the purpose of causing annoyance,
inconvenience or needless anxiety to another, a message that he
knows to be false or persistently makes use for that purpose of a
public telecommunication system,
shall be guilty of an offence and liable on summary conviction to a fine
not exceeding £2,500.
(2) Subsection (1) does not apply to anything done under and in accordance
with a licence granted under section 34.
29 Fraudulent use of public telecommunication system

[P1984/12/42]
(1) A person who dishonestly obtains a service to which this section applies
with intent to avoid payment of any charge applicable to the provision of
that service shall be guilty of an offence and liable —
Telecommunications Act 1984 Section 29


c AT 11 of 1984 Page 31

(a) on summary conviction, to imprisonment for a term not
exceeding 6 months or to a fine not exceeding £5,000 or to both;
(b) on conviction on information, to imprisonment for a term not
exceeding 5 years or to a fine, or to both.74
75

(2) This section applies to any service (other than such a service as is
mentioned in section 164(1) of the Copyright Act 1991) which is provided
by means of a telecommunication system the running of which is
authorised by a licence granted under section 5.76

29A Possession or supply of anything for fraudulent purpose in connection

with the use of telecommunications systems

(1) Subsection (2) applies if a person has in his custody or under his control
anything which may be used for the purpose of obtaining, or for a
purpose connected with the obtaining of, a service to which section 29(1)
applies.
(2) If the person intends —
(a) to use the thing —
(i) to obtain such a service dishonestly; or
(ii) for a purpose connected with the dishonest obtaining of
such a service;
(b) dishonestly to allow the thing to be used to obtain such a service;
or
(c) to allow the thing to be used for a purpose connected with the
dishonest obtaining of such a service,
he shall be guilty of an offence.
(3) Subsection (4) applies if a person supplies or offers to supply anything
which may be used for the purpose of obtaining, or for a purpose
connected with the obtaining of, a service to which section 29(1) applies.
(4) If the person supplying or offering to supply the thing knows or believes
that the person to whom it is supplied or offered intends, or intends if it
is supplied to him —
(a) to use the thing —
(i) to obtain such a service dishonestly; or
(ii) for a purpose connected with the dishonest obtaining of
such a service;
(b) dishonestly to allow the thing to be used to obtain such a service;
or
(c) to allow the thing to be used for a purpose connected with the
dishonest obtaining of such a service,
he shall be guilty of an offence.
Section 30 Telecommunications Act 1984


Page 32 AT 11 of 1984 c

(5) A person guilty of an offence under this section shall be liable —
(a) on summary conviction to custody for a term not exceeding 6
months or to a fine not exceeding £5,000 or to both; and
(b) on conviction on information, to custody for a term not exceeding
5 years or to fine or to both.
(6) In this section, references to use of a thing include, in the case of a thing
which is used to record any data, use of any of the data.77

30 Interference with public telecommunication system

[P1984/12/44]
A person engaged in the running of a public telecommunication system who
otherwise than in the course of his duty intentionally modifies or interferes with
the contents of a message sent by means of that system shall be guilty of an
offence and liable —
(i) on summary conviction to imprisonment for a term not
exceeding 6 months or to a fine not exceeding £5,000, or to
both;
(ii) on conviction on information to imprisonment for a term
not exceeding 2 years or to a fine, or to both.
31 Disclosure of messages etc

(1) A person engaged in the running of a public telecommunication system
who otherwise than in the course of his duty intentionally discloses to
any person —
(a) the contents of any message which has been intercepted in the
course of its transmission by means of that system; or
(b) any information concerning the use made of telecommunication
services provided for any other person by means of that system,
shall be guilty of an offence.
(2) Subsection (1) does not apply to —
(a) any disclosure which is made for the prevention or detection of
crime or for the purposes of any criminal proceedings;
(b) any disclosure of matter falling within subsection (1)(a) which is
made in obedience to a warrant issued under section 2 of the
Interception of Communications Act 1988; or
(c) any disclosure of matter falling within subsection (1)(b) which is
made in the interests of national security or in pursuance of the
order of a court.
(3) For the purposes of subsection (2)(c) a certificate signed by the Attorney
General certifying that a disclosure was made in the interests of national
security shall be conclusive evidence of that fact; and a document
Telecommunications Act 1984 Section 36


c AT 11 of 1984 Page 33

purporting to be such a certificate shall be received in evidence and
deemed to be such a certificate unless the contrary is proved.
(4) A person guilty of an offence under this section shall be liable —
(a) on summary conviction, to a fine not exceeding £5,000;
(b) on conviction on information, to a fine.78

PART III

32 to 35 [Repealed]
79

PART IV – MISCELLANEOUS AND SUPPLEMENTAL

Miscellaneous
36 Power of Council of Ministers to give directions
80

[P1984/12/94]
(1) The Council of Ministers may, after consultation with a person to whom
this section applies give to that person such directions of a general
character as appear to the Council of Ministers to be requisite or
expedient in the interests of national security or international relations.81

(2) If it appears to the Council of Ministers to be requisite or expedient to do
so in the interests of national security or international relations it may,
after consultation with a person to whom this section applies, give to that
person directions requiring him (according to the circumstances of the
case) to do, or not to do, a particular thing specified in the direction.82

(3) A person to whom this section applies shall give effect to any direction
given to him by the Council of Ministers under this section
notwithstanding any other duty imposed on him by or under this Act.83

(4) The Council of Ministers shall lay before Tynwald a copy of every
direction given under this section unless it is of opinion that disclosure of
the direction is against the interests of national security or international
relations or the commercial interests of any person.84

(5) A person shall not disclose, or be required by virtue of any enactment or
otherwise to disclose, anything done by virtue of this section if the
Council of Ministers has notified him that the Council of Ministers is of
the opinion that disclosure of that thing is against the interests of
national security or international relations or the commercial interests of
some other person.85

(6) The Treasury may, at the request of the Council of Ministers, make
grants to public telecommunications operators for the purpose of
Section 37 Telecommunications Act 1984


Page 34 AT 11 of 1984 c

defraying or contributing towards any losses they may sustain by reason
of compliance with the directions given under this section.86

(7) There shall be paid out of money provided by Tynwald any sums
required by the Treasury for making grants under this section.87

(8) This section applies to any public telecommunications operator or
approved contractor (whether in his capacity as such or otherwise); and
in this subsection “approved contractor” means a person approved
under section 15.
37 Power to require information

[P1984/12/53]
(1) Subject to subsection (2), the Commission may, for any purpose
connected with —
(a) the investigation of any offence under section 3, 22 or 23 or any
proceedings for any such offence, or
(b) the exercise of the functions of the Commission under section 11,88

by notice in writing signed by it —
(i) require any person to produce, at a time or place specified
in the notice, to the Commission, or to any person
appointed by it for the purpose, any documents which are
specified or described in the notice and which are in that
person’s custody or under his control and are relevant to
the investigation or proceedings or the exercise of the
functions in question, as the case may be, or89

(ii) require any person carrying on any business to furnish to
the Commission such estimates, returns and information as
may be specified or described in the notice and specify the
time, the manner and the form in which any such
estimates, returns or information are to be furnished.90
91

(2) No person shall be compelled, for a purpose specified in subsection (1),
to produce any documents which he could not be compelled to produce
in civil proceedings before the High Court or, in complying with any
requirement for the furnishing of information, to give any information
which he could not be compelled to give in evidence in such
proceedings.
(3) A person who refuses or, without reasonable excuse, fails to do anything
duly required of him by a notice under subsection (1) shall be guilty of
an offence and liable on summary conviction to a fine not exceeding
£5,000.
(4) A person who —
Telecommunications Act 1984 Section 38


c AT 11 of 1984 Page 35

(a) intentionally alters, suppresses or destroys any document which
he has been required by any such notice to produce; or
(b) in furnishing any estimate, return or other information required of
him under any such notice, makes any statement which he knows
to be false in a material particular, or recklessly makes any
statement which is false in a material particular,
shall be guilty of an offence and liable —
(i) on summary conviction to a fine not exceeding £5,000;
(ii) on conviction on information, to a fine.
(5) If a person makes default in complying with a notice under
subsection (1), the High Court may, on the application of the Attorney
General, make such order as the court think fit for requiring the default
to be made good; and any such order may provide that all the costs or
expenses of and incidental to the application shall be borne by the person
in default or by any officers of a company or other association who are
responsible for its default.
38 Power to require information from operators

(1) Where a licence granted under section 5 does not contain any such
conditions as are mentioned in subsection (5)(c) of that section, the
Commission may, for the purpose of the effective exercise of the
functions of the Commission under Part II, by notice in writing signed by
it —
(a) require the person who is authorised by that licence to run a
telecommunications system to furnish to the Commission, such
documents, accounts, estimates, returns or other information as
may be specified or described in the notice; and92

(b) specify the time, the manner and the form in which such
documents, accounts, estimates, returns or information are to be
furnished.93

(2) Subsections (3), (4) and (5) of section 37 shall apply to this section as they
apply to that section.
39 General restrictions on disclosure of information

[P1984/12/101]
(1) Subject to the following provisions of this section, no information with
respect to any particular business which —
(a) has been obtained under or by virtue of the provisions of this Act;
and
(b) relates to the private affairs of any individual or to a particular
business,
Section 40 Telecommunications Act 1984


Page 36 AT 11 of 1984 c

shall during the lifetime of that individual or so long as the business
continues to be carried on, be disclosed without the consent of that
individual or the person for the time being carrying on that business.
(2) Subsection (1) does not apply to any disclosure of information which is
made —
(a) for the purpose of facilitating the performance of any functions of
the Governor in Council, the Commission or the Chief Secretary
under this Act;94

(b) for the purpose of facilitating the performance of the functions of
the Isle of Man Office of Fair Trading under the Consumer
Protection (Trade Descriptions) Act 1970 or the Price Marking Act
1976 or the Consumer Protection Act 1991;95

(c) in connection with the investigation of any criminal offence or for
the purposes of any criminal proceedings;
(d) for the purpose of any civil proceedings brought under or by
virtue of this Act or any of the enactments specified in
paragraph (b); or
(e) in pursuance of an EU obligation.96

(3) Any person who discloses any information in contravention of this
section shall be guilty of an offence and liable —
(a) on summary conviction, to a fine not exceeding £5,000;
(b) on conviction on information to imprisonment for a term not
exceeding 2 years or to a fine or to both.
40 Offences by bodies corporate

[P1984/12/102]
(1) Where a body corporate is guilty of an offence under this Act and that
offence is proved to have been committed with the consent or
connivance of, or to be attributable to any neglect on the part of, any
director, manager, secretary or other similar officer of the body corporate
or any person who was purporting to act in any such capacity he, as well
as the body corporate, shall be guilty of that offence and shall be liable to
be proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members,
subsection (1) shall apply in relation to the acts and defaults of a member
in connection with his functions of management as if he were a director
of the body corporate.
Telecommunications Act 1984 Section 41


c AT 11 of 1984 Page 37

41 Summary proceedings

[P1984/12/103]
Proceedings for any offence under this Act which is punishable on summary
conviction may be commenced at any time within 12 months next after the
commission of the offence.
42 Use of certain conduits for telecommunication purposes

[P1984/12/98]
(1) The functions of the Authority with respect to a relevant conduit shall
include the power —
(a) to carry out, or to authorise another person to carry out, any
works in relation to that conduit for or in connection with the
installation, maintenance, adjustment, repair or alteration of
telecommunication apparatus;
(b) to keep telecommunication apparatus installed in that conduit or
to authorise any other person to keep telecommunication
apparatus so installed;
(c) to authorise any person to enter that conduit to inspect
telecommunication apparatus kept installed there;
(d) to enter into agreements on such terms (including terms as to the
payments to be made to the Authority) as it thinks fit in
connection with the doing of anything authorised by or under this
section; and97

(e) to carry on an ancillary business consisting in the making and
carrying out of such agreements.98

(2) Where any enactment expressly or impliedly imposes any limitation on
the use to which a relevant conduit may be put, that limitation shall not
have effect so as to prohibit the doing of anything authorised by or under
this section.
(3) Where the doing by the Authority of anything authorised by this section
would, apart from this subsection, constitute a contravention of any
obligation imposed (whether by virtue of any conveyance or agreement
or otherwise) on the Authority, the doing of that thing shall not
constitute such a contravention to the extent that it consists in, or in
authorising, the carrying out of works or inspections, or keeping of
apparatus, wholly inside a public sewer.99

(4) In this section “relevant conduit” means —
(a) any conduit which, whether or not it is itself an electric line, is
maintained by the Authority for the purpose of enclosing,
surrounding or supporting such a line, including where such a
conduit is connected to any box, chamber or other structure
(including a building) maintained by the Authority for purposes
Section 43 Telecommunications Act 1984


Page 38 AT 11 of 1984 c

connected with the conveyance, transmission or distribution of
electricity, that box, chamber or structure; or100

(b) a water main or any other conduit maintained by the Authority
for the purpose of conveying water from one place to another;
or101

(c) a public sewer.
(5) [Repealed]102

(6) In this section —
“alteration” and “telecommunication apparatus” have the same meanings as in
Schedule 1;
“conduit” includes a tunnel or subway;
“electric line” has the same meaning as in the Electricity Act 1996;103

“the Authority” means the Manx Utilities Authority and, where the Authority
has delegated its functions in respect of a public sewer to a local
authority under section 2 of the Sewerage Act 1999, includes that local
authority;104

“public sewer” means a sewer within the meaning of the Local Government
Consolidation Act 1916;
“the Water Authority” [Repealed]105

“water main” means a main within the meaning of the Water Act 1991.106

(7) Subject to subsections (2) and (3), subsection (1) is without prejudice to
the rights of any person with an interest in land on, under, or over which
a relevant conduit is situated.
Vesting of property etc of British Telecommunications
43 Vesting of property etc, of British Telecommunications

[P1984/12/60(1) and Sch 5/38(5)]
(1) On such day as the Governor in Council may by order appoint for the
purposes of this section (“the transfer date”), all the property, rights and
liabilities to which British Telecommunications was entitled or subject
immediately before the transfer date shall become by virtue of this
section property, rights and liabilities of the company nominated by
order of the Secretary of State under section 60(3) of the U.K. Act (“the
successor company”).107

(2) References in this section to property, rights and liabilities are to
property, rights and liabilities (whether or not capable of being assigned
or transferred) as respects which any issue arising in any proceedings
would have been determined (in accordance with the rules of private
international law) by reference to the law of the Island.
Telecommunications Act 1984 Section 44


c AT 11 of 1984 Page 39

Supplemental
44 Tynwald approval of orders, etc

(1) No order or scheme under this Act, except an order under section 7(1),
11, 21, 43(1), or 48(2), shall have effect unless it is approved by
Tynwald.108

(2) An order under section 7(1) shall be laid before Tynwald as soon as may
be after it is made and, unless it is approved by Tynwald at the sitting at
which it is laid or the next following sitting it shall cease to have effect,
but without prejudice to anything previously done under it or to the
making of a new order.109
110

45 Financial provision

There shall be paid out of money provided by Tynwald any administrative
expenses incurred by the Governor in Council, the Commission and the Chief
Secretary in consequence of the provisions of this Act.111

46 Interpretation

(1) In this Act —
“the appointed day
”, in relation to any provision of this Act, means the day
appointed by order under section 48(2) for the coming into operation of
that provision;
“the Commission
” means the Communications Commission;112

“EU obligation
” has the same meaning as in the European Communities (Isle of
Man) Act 1973;113

“international relations
” means —
(a) relations between the Government and Her Majesty’s
Government in the United Kingdom; and
(b) relations between Her Majesty’s Government in the United
Kingdom and the government of a country or territory (other than
the Island) outside the United Kingdom;
“modifications
” includes additions, alterations and omissions, and cognate
expressions shall be construed accordingly;
“public telecommunications operator
” and “public telecommunication

system
” have the meanings given by section 7;
“the successor company
” has the meaning given by section 43(1);
“telecommunication apparatus
”, has the meaning given by section 2(3) and
where applicable, paragraph l(1) of Schedule 1;
“telecommunication service
” has the meaning given by section 2(3);
Section 47 Telecommunications Act 1984


Page 40 AT 11 of 1984 c

“telecommunication system
” has the meaning given by section 2(1) (read with
section 2(2));
“the transfer date
” has the meaning given by section 43(1);
“the U.K. Act
” means the Telecommunications Act 1984 (an Act of Parliament).
(2) Any power conferred on the Governor in Council by this Act to give a
direction if it appears to him to be requisite or expedient to do so in the
interests of national security or international relations includes power to
give the direction if it appears to him to be requisite or expedient to do so
in order —
(a) to discharge, or facilitate the discharge of, an obligation binding
on Her Majesty’s Government in the United Kingdom by virtue of
it being a member of an international organisation or a party to an
international agreement extending to the Island;
(b) to attain, or facilitate the attainment of, any other objects the
attainment of which is, in his opinion, requisite or expedient in
view of Her Majesty’s Government in the United Kingdom being
a member of such an organisation or a party to such an
agreement; or
(c) to enable Her Majesty’s Government in the United Kingdom to
become a member of such an organisation or a party to such an
agreement.
(3) For the purpose of any licence granted, approval given or order made
under this Act any description or class may be framed by reference to
any circumstances whatsoever.
47 Amendments and transitional provisions

(1) The enactments mentioned in Schedule 2 are amended in accordance
with that Schedule.
(2) The Governor in Council may by order make such consequential
modifications of any provision contained in any enactment passed before
the coming into operation of the relevant provision of this Act as appear
to him necessary or expedient in respect of —
(a) any reference in that enactment to British Telecommunications,
the Post Office or the Postmaster General;
(b) any reference in that enactment to an enactment contained in the
Telegraph Acts 1863 to 1916 (Acts of Parliament), as they have
effect in the Island; or
(c) any use in that enactment of terminology used in those Acts, as
they have effect in the Island, but not in the telecommunications
code contained in Schedule 1.
Telecommunications Act 1984 Section 48


c AT 11 of 1984 Page 41

(3) The transitional provisions and savings contained in Schedule 3 shall
have effect; but those provisions and savings are without prejudice to
section 15 of the Interpretation Act 1976 (effect of repeals).
(4) [Repealed]114

48 Short title and commencement

(1) This Act may be cited as the Telecommunications Act 1984.
(2) This Act shall come into force on such day as the Governor in Council
may by order appoint; and different days may be so appointed for
different provisions or for different purposes.115

Telecommunications Act 1984 Schedule 1



c AT 11 of 1984 Page 43

SCHEDULE 1

THE TELECOMMUNICATIONS CODE

Section 8
Arrangement of paragraphs
1. Interpretation of code.
2. Agreement required to confer right to execute works etc.
3. Agreement required for obstructing access etc.
4. Effect of rights and compensation.
5. Power to dispense with the need for required agreement.
6. Acquisition of rights in respect of apparatus already installed.
7. Court to fix financial terms where agreement dispensed with.
8. Notices and applications by potential subscribers.
9. Prohibition on restrictions on giving required agreement.
10. Street works etc.
11. Power to fly lines.
12. Tidal waters etc.
13. Linear obstacles.
14. Arbitration in relation to linear obstacles.
15. Alteration of apparatus crossing a linear obstacle.
16. Use of certain conduits.
17. Compensation for injurious affection to neighbouring land.
18. Objections to overhead apparatus.
19. Obligation to affix notices to overhead apparatus.
20. Tree lopping.
21. Power to require alteration of apparatus.
Schedule 1
Telecommunications Act 1984


Page 44 AT 11 of 1984 c

22. Restriction on rights to require the removal of apparatus.
23. Abandonment of apparatus.
24. Undertaker’s works.
25. Service of notices.
26. Application to the Crown.
27. Savings.
28. Application of code to existing systems.
Appendix- [Repealed]
Interpretation of code
1. (1) In this code —
“agriculture
” includes horticulture, fruit growing, seed growing, dairy farming,
the breeding and keeping of livestock (including any creature kept for
the production of food, wool, skins or fur, or for the purpose of its use in
the farming of land), the use of land as grazing land, meadow land,
market gardens and nursery grounds, and the use of land for woodlands
where that use is ancillary to the farming of land for other agricultural
purposes, and “agricultural
” is to be construed accordingly;
“alter
”, “alteration
” and “altered
” shall be construed in accordance with sub-
paragraph (2);
“the court
” means the High Court;
“emergency works
”, in relation to the operator or a relevant undertaker for the
purposes of paragraph 24, means works the execution of which at the
time it is proposed to execute them is requisite in order to put an end to,
or prevent, the arising of circumstances then existing or imminent which
are likely to cause —
(a) danger to persons or property,
(b) the interruption of any service provided by the operator’s system
or, as the case may be, interference with the exercise of any
functions conferred or imposed on the undertaker by or under
any enactment; or
(c) substantial loss to the operator or, as the case may be, the
undertaker,
and such other works as in all the circumstances it is reasonable to
execute with those works;
“footpath
” means a highway over which the public have a right of way on foot
only, not being a way comprised in a highway which also comprises a
Telecommunications Act 1984 Schedule 1



c AT 11 of 1984 Page 45

way over which the public have a right of way for the passage of
vehicles;
“line
” shall be construed in accordance with the definition in this paragraph of
“telecommunication apparatus
”;

“the Harbour Board
” [Repealed]116

“maintainable highway
” means a highway maintainable at the public expense,
other than one which is a footpath that crosses and forms part of any
agricultural land or any land which is being brought into use for
agriculture;
“the operator
” means the person to whom this code is applied by the relevant
licence under section 5;
“the operator’s system
” means the telecommunication system, the running of
which is for the time being authorised by the relevant licence under
section 5;
“the port authority
” [Repealed]117

“the statutory purposes
” means the purposes of establishing and running the
operator’s system;
“street
” means any length of a highway, road, lane, footway, alley or passage,
any square or court, and any length of land laid out as a way whether it
is for the time being formed as a way or not, irrespective of whether the
highway, road or other thing in question is a throughfare or not; and
where the street is a highway which passes over a bridge or through a
tunnel, includes that bridge or tunnel;
“structure
” does not include a building;
“telecommunication apparatus
” includes any apparatus falling within the
definition in section 2(3) and any apparatus not so falling which is
designed or adapted for use in connection with the running of a
telecommunication system and, in particular —
(a) any line, that is to say, any wire, cable, tube, pipe or other similar
thing (including its casing or coating) which is so designed or
adapted; and
(b) any structure, pole or other thing in, on, by or from which any
telecommunication apparatus is or may be installed, supported,
carried or suspended;
and references to the installation of telecommunication apparatus shall
be construed accordingly;
“the Telegraph Acts
” means the Telegraph Acts 1863 to 1916 (Acts of
Parliament), as they have effect in the Island.
(2) In this code, references to the alteration of any apparatus include
references to the moving, removal or replacement of the apparatus.
Schedule 1
Telecommunications Act 1984


Page 46 AT 11 of 1984 c

(3) In relation to any land which, otherwise than in connection with a street
on that land, is divided horizontally into different parcels, the references in this code to
a place over or under the land shall have effect in relation to each parcel as not
including references to any place in a different parcel.
Agreement required to confer right to execute works etc
2. (1) The agreement in writing of the occupier for the time being of any land
shall be required for conferring on the operator a right for the statutory purposes —
(a) to execute any works on that land for or in connection with the
installation, maintenance, adjustment, repair or alteration of
telecommunication apparatus; or
(b) to keep telecommunication apparatus installed on, under or over
that land; or
(c) to enter that land to inspect any apparatus kept installed (whether
on, under or over that land or elsewhere) for the purposes of the
operator’s system.
(2) A person who is the owner of the freehold estate in any land or is a lessee
of any land shall not be bound by a right conferred in accordance with sub-
paragraph (1) by the occupier of that land unless —
(a) he conferred the right himself as occupier of the land; or
(b) he has agreed in writing to be bound by the right; or
(c) he is for the time being treated by virtue of sub-paragraph (3) as
having so agreed; or
(d) he is bound by the right by virtue of sub-paragraph (4).
(3) If a right falling within sub-paragraph (1) has been conferred by the
occupier of any land for purposes connected with the provision, to the occupier from
time to time of that land, of any telecommunication services and —
(a) the person conferring the right is also the owner of a freehold
estate in possession in that land or is a lessee of the land under a
lease for a term of a year or more, or
(b) in a case not falling within paragraph (a), a person owning a
freehold estate in possession in the land or a lessee of the land
under a lease for a term of a year or more has agreed in writing
that his interest in the land should be bound by the right,
then, subject to paragraph 4, that right shall (as well as binding the person who
conferred it) have effect, at any time when the person who conferred it or a person
bound by it under sub-paragraph (2)(b) or (4) is the occupier of the land, as if every
person for the time being owning an interest in that land had agreed in writing to the
right being conferred for the said purposes and, subject, to its being exercised solely for
those purposes, to be bound by it.
Telecommunications Act 1984 Schedule 1



c AT 11 of 1984 Page 47

(4) In any case where a person owning an interest in land agrees in writing
(whether when agreeing to the right as occupier or for the purposes of sub-
paragraph (3)(b) or otherwise) that his interest should be bound by a right falling
within sub-paragraph (1), that right shall (except insofar as the contrary intention
appears) bind the owner from time to time of that interest and also —
(a) the owner from time to time of any other interest in the land,
being an interest created after the right is conferred and not
having priority over the interest to which the agreement relates;
(b) where that interest is a freehold estate in possession, the owner of
any other estate or interest expectant (whether mediately or
immediately) upon the determination of that interest; and
(c) any other person who is at any time in occupation of the land and
whose right to occupation of the land derives (by contract or
otherwise) from a person who, at the time the right to occupation
was granted, was bound by virtue of this sub-paragraph.
(5) A right falling within sub-paragraph (1) shall not be exercisable except in
accordance with the terms (whether as to payment or otherwise) subject to which it is
conferred and, accordingly, every person for the time being bound by such a right shall
have the benefit of those terms.
(6) A variation of a right falling within sub-paragraph (1) or of the terms on
which such a right is exercisable shall be capable of binding persons who are not
parties to the variation in the same way as, under sub-paragraphs (2), (3) and (4), such
a right is capable of binding persons who are not parties to the conferring of the right.
(7) It is hereby declared that a right falling within sub-paragraph (1) is not
subject to the provisions of the Registration of Deeds Act 1961.
(8) In this paragraph and paragraphs 3 and 4 —
(a) references to the occupier of any land shall have effect —
(i) in relation to any footpath that crosses and forms part of
any agricultural land or any land which is being brought
into use for agriculture, as references to the occupier of that
land;
(ii) in relation to any street (not being such a footpath), as
references to the person having the management or control
of the street;
(iii) in relation to any land (not being a street) which is
unoccupied, as references to the person (if any) who for the
time being exercises powers of management or control
over the land or, if there is no such person, to every person
whose interest in the land would be prejudicially affected
by the exercise of the right in question; and
(b) “lease
” includes any leasehold tenancy (whether in the nature of a
head lease, sub-lease or underlease) and any agreement to grant
Schedule 1
Telecommunications Act 1984


Page 48 AT 11 of 1984 c

such a tenancy but not a mortgage by demise or sub-demise, and
“lessee
” shall be construed accordingly.
(9) Subject to paragraphs 10(3) and 12(2), this paragraph shall not require
any person to give his agreement to the exercise of any right conferred by
paragraphs 10 to 13.
Agreement required for obstructing access etc
3. (1) A right conferred in accordance with paragraph 2 or by paragraphs 10,
11 or 12 to execute any works on any land, to keep telecommunication apparatus
installed on, under or over any land or to enter any land shall not be exercisable so as
to interfere with or obstruct any means of entering or leaving any other land unless the
occupier for the time being of the land conferred, or is otherwise bound by, a right to
interfere with or obstruct that means of entering or leaving the other land.
(2) The agreement in writing of the occupier for the time being of the other
land shall be required for conferring any right for the purposes of sub-paragraph (1) on
the operator.
(3) The references in sub-paragraph (1) to a means of entering or leaving any
land include references to any means of entering or leaving the land provided for use
in emergencies.
(4) Paragraph 2(2) and (4) to (7) shall apply (subject to the following
provisions of this code) in relation to a right falling within sub-paragraph (1) as it
applies in relation to a right falling within paragraph 2(1).
(5) Nothing in this paragraph shall require the person who is the occupier
of, or owns any interest in, any land which is a street or to which paragraph 12 applies
to agree to the exercise of any right on any other land.
Effect of rights and compensation
4. (1) Anything done by the operator in exercise of a right conferred in relation
to any land in accordance with paragraph 2 or 3 shall be deemed to be done in exercise
of a statutory power except as against —
(a) a person who, being the owner of the freehold estate in that land
or a lessee of the land, is not for the time being bound by the right;
or
(b) a person having the benefit of any covenant or agreement which
has been entered into as respects the land under any enactment
and which, by virtue of that enactment binds, or will bind,
persons deriving title or otherwise claiming under the covenantor
or, as the case may be, a person who was a party to the
agreement.
(2) Where a right has been conferred in relation to any land in accordance
with paragraph 2 or 3 and anything has been done in exercise of that right, any person
who, being the occupier of the land, the owner of the freehold estate in the land or a
Telecommunications Act 1984 Schedule 1



c AT 11 of 1984 Page 49

lessee of the land, is not for the time being bound by the right shall have the right to
require the operator to restore the land to its condition before that thing was done.
(3) Any duty imposed by virtue of sub-paragraph (2) shall, to the extent that
its performance involves the removal of any telecommunication apparatus from any
land, be enforceable only in accordance with paragraph 22.
(4) Where —
(a) on a right in relation to any land being conferred or varied in
accordance with paragraph 2, there is a depreciation in the value
of any relevant interest in the land, and
(b) that depreciation is attributable to the fact that paragraph 22 will
apply to the removal from the land, when the owner for the time
being of that interest becomes the occupier of the land, of any
telecommunication apparatus installed in pursuance of that right,
the operator shall pay compensation to the person who, at the time the right is
conferred or, as the case may be, varied, is the owner of that relevant interest; and the
amount of that compensation shall be equal (subject to sub-paragraph (8)) to the
amount of the depreciation.
(5) In sub-paragraph (4) “relevant interest”, in relation to land subject to a
right conferred or varied in accordance with paragraph 2, means any interest in respect
of which the following conditions are satisfied at the time the right is conferred or
varied, namely —
(a) the owner of the interest is not the occupier of the land but may
become the occupier of the land by virtue of that interest; and
(b) the owner of the interest becomes bound by the right or variation
by virtue only of paragraph 2(3).
(6) Any question as to a person’s entitlement to compensation under sub-
paragraph (4), or as to the amount of any compensation under that sub-paragraph,
shall be determined in accordance with Part III of the Acquisition of Land Act 1984.
(7) A claim to compensation under sub-paragraph (4) shall be made by
giving the operator notice of the claim and specifying in that notice particulars of —
(a) the land in respect of which the claim is made;
(b) the claimant’s interests in the land and, so far as known to the
claimant, any other interest in the land;
(c) the right or variation in respect of which the claim is made; and
(d) the amount of the compensation claimed;
and such claim shall be capable of being made at any time before the claimant becomes
the occupier of the land in question, or at any time in the period of 3 years beginning
with that time.
(8) Without prejudice to Part III of the Acquisition of Land Act 1984 as applied
for the purposes of this paragraph by sub-paragraph (6), where compensation is
Schedule 1
Telecommunications Act 1984


Page 50 AT 11 of 1984 c

payable under sub-paragraph (4) there shall also be payable, by the operator to the
claimant any reasonable valuation or legal expenses incurred by the claimant for the
purposes of the preparation and prosecution of his claim for that compensation.
Power to dispense with the need for required agreement
5. (1) Where the operator requires any person to agree for the purposes of
paragraph 2 or 3 that any right should be conferred on the operator, or that any right
should bind that person or any interest in land, the operator may give a notice to that
person of the right and of the agreement that he requires.
(2) Where the period of 28 days beginning with the giving of a notice under
sub-paragraph (1) has expired without the giving of the required agreement, the
operator may apply to the court for an order conferring the proposed right, or
providing for it to bind any person or any interest in land, and (in either case)
dispensing with the need for the agreement of the person to whom the notice was
given.
(3) The court shall make an order under this paragraph if, but only if, it is
satisfied that any prejudice caused by the order —
(a) is capable of being adequately compensated for by money; or
(b) is outweighed by the benefit accruing from the order to the
persons whose access to a telecommunication system will be
secured by the order;
and in determining the extent of the prejudice, and the weight of that benefit, the court
shall have regard to all the circumstances and to the principle that no person should
unreasonably be denied access to a telecommunication system.
(4) An order under this paragraph made in respect of a proposed right may,
in conferring that right or providing for it to bind any person or any interest in land
and in dispensing with the need for any person’s agreement, direct that the right shall
have effect with such modifications, be exercisable on such terms and be subject to
such conditions as may be specified in the order.
(5) The terms and conditions specified by virtue of sub-paragraph (4) in an
order under this paragraph shall include such terms and conditions as appear to the
court to be appropriate for ensuring that the least possible loss and damage is caused
by the exercise of the right in respect of which the order is made to persons who
occupy, own interests in or are from time to time on the land in question.
(6) Where an order under this paragraph, for the purpose of conferring any
right or making provision for a right to bind any person or any interest in land,
dispenses with the need for the agreement of any person, the order shall have the same
effect and incidents as the agreement of the person the need for whose agreement is
dispensed with and, accordingly (without prejudice to the foregoing) shall be capable
of variation or release by a subsequent agreement.
Telecommunications Act 1984 Schedule 1



c AT 11 of 1984 Page 51

Acquisition of rights in respect of apparatus already installed
6. (1) The following provisions of this paragraph apply where the operator
gives notice under paragraph 5(1) to any person and —
(a) that notice requires that person’s agreement in respect of a right
which is to be exercisable (in whole or in part) in relation to
telecommunication apparatus already kept installed on, under or
over the land in question, and
(b) that person is entitled to require the removal of that apparatus
but, by virtue of paragraph 22, is not entitled to enforce its
removal.
(2) The court may, on the application of the operator, confer on the operator
such temporary rights as appear to the court reasonably necessary for securing that,
pending the determination of any proceedings under paragraph 5 or paragraph 22, the
service provided by the operator’s system is maintained and the apparatus properly
adjusted and kept in repair.
(3) In any case where it is shown that a person with an interest in the land
was entitled to require the removal of the apparatus immediately after it was installed,
the court shall, in determining for the purposes of paragraph 5 whether the apparatus
should continue to be kept installed on, under or over the land, disregard the fact that
the apparatus has already been installed there.
Court to fix financial terms where agreement dispensed with
7. (1) The terms and conditions specified by virtue of paragraph 5(4) in an
order under paragraph 5 dispensing with the need for a person’s agreement shall
include —
(a) such terms with respect to the payment of consideration in respect
of the giving of the agreement, or the exercise of the rights to
which the order relates, as it appears to the court would have
been fair and reasonable if the agreement had been given
willingly and subject to the other provisions of the order; and
(b) such terms as appear to the court appropriate for ensuring that
that person and persons from time to time bound by virtue of
paragraph 2(4) by the rights to which the order relates are
adequately compensated (whether by the payment of such
consideration or otherwise) for any loss or damage sustained by
them in consequence of the exercise of those rights.
(2) In determining what terms should be specified in an order under
paragraph 5 for requiring an amount to be paid to any person in respect of —
(a) the provisions of that order conferring any right or providing for
any right to bind any person or any interest in land, or
(b) the exercise of any right to which the order relates, the court shall
take into account the prejudicial effect (if any) of the order or, as
Schedule 1
Telecommunications Act 1984


Page 52 AT 11 of 1984 c

the case may be, of the exercise of the right on that person’s
enjoyment of, or on any interest of his in, land other than the land
in relation to which the right is conferred.
(3) In determining what terms should be specified in an order under
paragraph 5 for requiring an amount to be paid to any person, the court shall, in a case
where the order is made in consequence of an application made in connection with
proceedings under paragraph 22, take into account, to such extent as it thinks fit, any
period during which that person was entitled to require the removal of any
telecommunication apparatus from the land in question but, by virtue of paragraph 22,
was not entitled to enforce its removal; but where the court takes any such period into
account, it may also take into account any compensation paid under paragraph 4(4).
(4) The terms specified by virtue of sub-paragraph (1) in an order under
paragraph 5 may provide —
(a) for the making of payments from time to time to such persons as
may be determined under those terms; and
(b) for questions arising in consequence of those terms (whether as to
the amount of any loss or damage caused by the exercise of a right
or otherwise) to be referred to arbitration or to be determined in
such other manner as may be specified in the order.
(5) The court may, if it thinks fit —
(a) where the amount of any sum required to be paid by virtue of
terms specified in an order under paragraph 5 has been
determined, require the whole or any part of any such sum to be
paid into court;
(b) pending the determination of the amount of any such sum, order
the payment into court of such amount on account as the court
thinks fit.
(6) Where terms specified in an order under paragraph 5 require the
payment of any sum to a person who cannot be found or ascertained, that sum shall be
paid into court.
Notices and applications by potential subscribers
8. (1) Where —
(a) it is reasonably necessary for the agreement of any person to the
conferring of any right, or to any rights binding any person or any
interest in land, to be obtained by the operator before another
person (“the potential subscriber”) may be afforded access to the
operator’s system, and
(b) the operator has not given a notice or (if he has given a notice) has
not made an application in respect of that right under
paragraph 5,
Telecommunications Act 1984 Schedule 1



c AT 11 of 1984 Page 53

the potential subscriber may at any time give a notice to the operator requiring him to
give a notice or make an application under paragraph 5 in respect of that right.
(2) At any time after notice has been given to the operator under sub-
paragraph (1), the operator may apply to the court to have the notice set aside on the
ground that the conditions mentioned in that sub-paragraph are not satisfied or on the
ground that, even if the agreement were obtained, the operator would not afford the
potential subscriber access to the operator’s system and could not be required to afford
him access to that system.
(3) Subject to any order of the court made in or pending any proceedings
under sub-paragraph (2), if at any time after the expiration of the period of 28 days
beginning with the giving to the operator of a notice under sub-paragraph (1) the
operator has not complied with the notice, the potential subscriber may himself, on the
operator’s behalf, give the required notice and (if necessary) make an application under
paragraph 5 or, as the case may be, make the required application.
(4) The court may, on an application made by virtue of sub-paragraph (3),
give such directions as it thinks fit —
(a) with respect to the separate participation of the operator in the
proceedings to which the application gives rise, and
(b) requiring the operator to provide information to the court.
(5) A covenant, condition or agreement which would have the effect of
preventing or restricting any person from taking any step under this paragraph as a
potential subscriber shall be void to the extent that it would have that effect.
(6) Nothing in this paragraph shall be construed as requiring the operator to
reimburse the potential subscriber for any costs incurred by the potential subscriber in
or in connection with the taking of any step under this paragraph on the operator’s
behalf.
Prohibition on restrictions on giving required agreement
9. Where apart from this paragraph any agreement given for the purposes of
paragraph 2 or 3 would be a contravention of an obligation imposed (whether by any
agreement or lease or otherwise) on the person who gives it, the giving of that
agreement shall not by virtue of its being such a contravention —
(a) make that person liable to any other person, or
(b) confer any right to compensation under any provision of this code
on any person, or
(c) have the effect of entitling any person to exercise any right of
entry, re-entry or forfeiture,
unless (having regard to the principle that no person should unreasonably be denied
access to a telecommunication system and apart from that obligation) it was
unreasonable for that person to give that agreement.
Schedule 1
Telecommunications Act 1984


Page 54 AT 11 of 1984 c

Street works etc
10. (1) The operator shall, for the statutory purposes, have the right to do any of
the following things, that is to say —
(a) install telecommunication apparatus, or keep telecommunication
apparatus installed under, over, along or across a street;
(b) inspect, maintain, adjust, repair or alter any telecommunication
apparatus so installed; and
(c) execute any works requisite for or incidental to the purposes of
any works falling within paragraph (a) or (b), including for those
purposes the following kinds of works —
(i) breaking up or opening a street;
(ii) tunnelling or boring under a street; and
(iii) breaking up or opening a sewer, drain or tunnel.
(2) [Repealed]118

(3) This paragraph has effect subject to paragraph 3 and the following
provisions of this code, and the rights conferred by this paragraph shall not be
exercisable in a street which is not a maintainable highway without either the
agreement required by paragraph 2 or an order of the court under paragraph 5
dispensing with the need for that agreement.
Power to fly lines
11. (1) Subject to paragraph 3 and the following provisions of this code, where
any telecommunication apparatus is kept installed on or over any land for the
purposes of the operator’s system, the operator shall, for the statutory purposes, have
the right (without obtaining any agreement required by paragraph 2) to install and
keep installed lines which —
(a) pass over other land adjacent to or in the vicinity of the land on or
over which that apparatus is so kept;
(b) are connected to that apparatus; and
(c) are not at any point in the course of passing over the other land
less than 3 metres above the ground or within 2 metres of any
building over which they pass.
(2) Nothing in sub-paragraph (1) shall authorise the installation or keeping
on or over any land of —
(a) any telecommunication apparatus used to support, carry or
suspend a line installed in pursuance of that sub-paragraph; or
(b) any line which by reason of its position interferes with the
carrying on of any business (within the meaning of section 4)
carried on on that land.
Telecommunications Act 1984 Schedule 1



c AT 11 of 1984 Page 55

Tidal waters etc
12. (1) Subject to paragraph 3 and the following provisions of this code, the
operator shall have the right for the statutory purposes —
(a) to execute any works (including placing any buoy or seamark) on
any tidal water or lands for or in connection with the installation,
maintenance, adjustment, repair or alteration of
telecommunication apparatus;
(b) to keep telecommunication apparatus installed on, under or over
tidal water or lands; and
(c) to enter any tidal water or lands to inspect any telecommunication
apparatus so installed.
(2) A right conferred by this paragraph shall not be exercised unless
agreement to the exercise of the right has been given by the Department.119

(3) Before executing any works in exercise of a right conferred by this
paragraph the operator shall submit a plan of the proposed works to the Department
for the Department’s approval.120

(4) Sub-paragraph (3) shall not apply to the execution of any emergency
works, but as soon as practicable after commencing any emergency works on any tidal
water or lands the operator shall submit a plan of those works to the Department for
the Department’s approval.121

(5) As soon as reasonably practicable after a plan is submitted to it under
sub-paragraph (3) or (4) the Department shall consider whether to approve it; and if
the Department does approve it, it may do so subject to such modifications and
conditions and on such terms as it thinks fit.122

(6) If —
(a) the operator executes any works in exercise of a right conferred by
this paragraph, but
(b) those works are executed otherwise than in accordance with a
plan approved by the Department (including, in the case of
emergency works, where works already commenced are not
approved) or a condition on which any approval of that authority
was given is contravened,123

the Department may by notice require the operator to execute such remedial works as
the Department thinks appropriate having regard to the terms and conditions of any
approval that it has given and, if those works are not executed in accordance with the
notice, may execute them itself at the operator’s expense.124

(7) Where, as the result —
(a) of the failure of the operator reasonably to maintain any
telecommunication apparatus kept installed for the purposes of
Schedule 1
Telecommunications Act 1984


Page 56 AT 11 of 1984 c

the operator’s system on, under or over any tidal water or lands,
or
(b) of the abandonment by the operator of any such apparatus,
it appears to the Department that any remedial works should be executed, the
Department may by notice require the operator to execute those works and, if those
works are not executed in accordance with the notice, may execute them itself at the
operator’s expense.125

(8) The Department shall have power for the purposes of exercising its
functions under this paragraph and of determining whether to exercise those functions
to cause a survey or examination to be carried out, at the operator’s expense, of any
works or apparatus or of the site or proposed site of any works or apparatus.126

(9) Where the Department is authorised by this paragraph to do anything at
the operator’s expense, the expenses incurred by the Department in or in connection
with the doing of that thing shall be recoverable by the Department from the
operator.127

(10) In this paragraph —
“the Department” means the Department of Infrastructure;128

“remedial works” includes any works of repair or restoration, the alteration of
any apparatus and any works to restore the site of any apparatus to its
original condition;
“tidal water or lands” includes any estuary or branch of the sea and the shore
(below mean high water springs) and the bed of any tidal water.
Linear obstacles
13. (1) Subject to the following provisions of this code, the operator shall, for the
statutory purposes, have the right in order to cross any relevant land with a line, to
install and keep the line and other telecommunication apparatus on, under or over that
land, and —
(a) to execute any works on that land for or in connection with the
installation, maintenance, adjustment, repair or alteration of that
line or the other telecommunication apparatus; and
(b) to enter on that land to inspect the line or the other apparatus.
(2) A line installed in pursuance of any right conferred by this paragraph
need not cross the relevant land in question by a direct route or by the shortest route
from the point at which the line enters that land, but it shall not cross that land by any
route which, in the horizontal plane, exceeds the said shortest route by more than 400
metres.
(3) Telecommunication apparatus shall not be installed in pursuance of any
right conferred by this paragraph in any position on the relevant land in which it
interferes with traffic on the railway or tramway on that land.
Telecommunications Act 1984 Schedule 1



c AT 11 of 1984 Page 57

(4) The operator shall not execute any works on any land in pursuance of
any right conferred by this paragraph unless —
(a) he has given the person with control of the land 28 days’ notice of
his intention to do so; or
(b) the works are emergency works.
(5) A notice under sub-paragraph (4) shall contain a plan and section of the
proposed works or (in lieu of a plan and section) any description of the proposed
works (whether or not in the form of a diagram) which the person with control of the
land has agreed to accept for the purposes of this sub-paragraph.
(6) If, at any time before a notice under sub-paragraph (4) expires, the
person with control of the land gives the operator notice of objection to the works, the
operator shall be entitled to execute the works only —
(a) if, within the period of 28 days beginning with the giving of the
notice of objection, neither the operator nor that person has given
notice to the other requiring him to agree to an arbitrator to whom
the objection may be referred under paragraph 14; or
(b) in accordance with an award made on such a reference; or
(c) to the extent that the works have at any time become emergency
works.
(7) If the operator exercises any power conferred by this paragraph to
execute emergency works on any land, he shall, as soon as reasonably practicable after
commencing those works, give the person with control of the land a notice identifying
the works and containing —
(a) a statement of the reason why the works are emergency works;
and
(b) either the matters which would be required to be contained in a
notice under sub-paragraph (4) with respect to those works or, as
the case may require, a reference to an earlier notice under that
sub-paragraph with respect to those works.
(8) If within the period of 28 days beginning with the giving of a notice
under sub-paragraph (7) the person to whom that notice was given gives a notice to the
operator requiring him to pay compensation, the operator shall be liable to pay that
person compensation in respect of loss or damage sustained in consequence of the
carrying out of the emergency works in question; and any question as to the amount of
that compensation shall, in default of agreement, be referred to arbitration under
paragraph 14.
(9) If the operator commences the execution of any works in contravention
of any provision of this paragraph, he shall be guilty of an offence and liable on
summary conviction to a fine not exceeding £1,000.
(10) In this paragraph “relevant land” means land which is used wholly or
mainly either as a railway or tramway or in connection with a railway or tramway on
Schedule 1
Telecommunications Act 1984


Page 58 AT 11 of 1984 c

that land, and a reference to the person with control of any such land is a reference to
the person carrying on the railway or tramway undertaking in question.
Arbitration in relation to linear obstacles
14. (1) Any objection or question which, in accordance with paragraph 13 is
referred to arbitration under this paragraph shall be referred to the arbitration of a
single arbitrator appointed by agreement between the parties concerned or, in default
of agreement, by the Governor.
(2) Where an objection under paragraph 13 is referred to arbitration under
this paragraph the arbitrator shall have the power —
(a) to require the operator to submit to the arbitrator a plan and
section in such form as the arbitrator may think requisite for the
purposes of the arbitration;
(b) to require the observations on any such plan or section of the
person who objects to the works to be submitted to the arbitrator
in such form as the arbitrator may think requisite for those
purposes;
(c) to direct the operator or that person to furnish him with such
information and to comply with such other requirements as the
arbitrator may think requisite for those purposes;
(d) to make an award requiring modifications to the proposed works
and specifying the terms on which and the conditions subject to
which the works may be executed; and
(e) to award such sum as the arbitrator may determine in respect of
one or both of the following matters, that is to say —
(i) compensation to the person who objects to the works in
respect of loss or damage sustained by that person in
consequence of the carrying out of the works, and
(ii) consideration payable to that person for the right to carry
out the works.
(3) Where a question as to compensation in respect of emergency works is
referred to arbitration under this paragraph the arbitrator —
(a) shall have the power to direct the operator or the person who
requires the payment of compensation to furnish him with such
information and to comply with such other requirements as the
arbitrator may think requisite for the purposes of the arbitration;
and
(b) shall award to the person requiring the payment of compensation
such sum (if any) as the arbitrator may determine in respect of the
loss or damage sustained by that person in consequence of the
carrying out of the emergency works in question.
Telecommunications Act 1984 Schedule 1



c AT 11 of 1984 Page 59

(4) The arbitrator may treat compliance with any requirement made in
pursuance of sub-paragraph (2)(a) to (c) or (3)(a) as a condition of his making an
award.
(5) In determining what award to make on a reference under this paragraph,
the arbitrator shall have regard to all the circumstances and to the principle that no
person should unreasonably be denied access to a telecommunication system.
(6) For the purposes of the making of an award under this paragraph —
(a) the references in sub-paragraphs (2)(e) and (3)(b) to loss or
damage shall, in relation to a person carrying on a railway or
tramway undertaking, include references to any increase in the
expense of carrying on that undertaking; and
(b) the consideration mentioned in sub-paragraph (2)(e) shall be
determined on the basis of what would have been fair and
reasonable if the person who objects to the works had given his
authority willingly for the works to be executed on the same
terms and subject to the same conditions (if any) as are contained
in the award.
Alteration of apparatus crossing a linear obstacle
15. (1) Without prejudice to the following provisions of this code, the person
with control of any relevant land may, on the ground that any telecommunication
apparatus kept installed on, under or over that land for the purposes of the operator’s
system interferes, or is likely to interfere, with —
(a) the carrying on of the railway or tramway undertaking carried on
by that person, or
(b) anything done or to be done for the purposes of that undertaking,
give notice to the operator requiring him to alter that apparatus.
(2) The operator shall within a reasonable time and to the reasonable
satisfaction of the person giving the notice comply with a notice under sub-
paragraph (1) unless before the expiration of the period of 28 days beginning with the
giving of the notice he gives a counter-notice to the person with control of the land in
question specifying the respects in which he is not prepared to comply with the
original notice.
(3) Where a counter-notice has been given under sub-paragraph (2) the
operator shall not be required to comply with the original notice but the person with
control of the relevant land may apply to the court for an order requiring the alteration
of any telecommunication apparatus to which the notice relates.
(4) The court shall not make an order under this paragraph unless it is
satisfied that the order is necessary on one of the grounds mentioned in sub-
paragraph (1) and in determining whether to make such an order the court shall also
have regard to all the circumstances and to the principle that no person should
unreasonably be denied access to a telecommunication system.
Schedule 1
Telecommunications Act 1984


Page 60 AT 11 of 1984 c

(5) An order under this paragraph may take such form and be on such terms
as the court thinks fit and may impose such conditions and may contain such
directions to the operator or the person with control of the land in question as the court
thinks necessary for resolving any difference between the operator and that person and
for protecting their respective interests.
(6) In this paragraph references to relevant land and to the person with
control of such land have the same meanings as in paragraph 13.
Use of certain conduits
16. (1) Nothing in the preceding provisions of this code shall authorise the
doing of anything inside a relevant conduit without the agreement of the authority
with control of that conduit.
(2) The agreement of the authority with control of a public sewer shall be
sufficient in all cases to confer a right falling within any of the preceding provisions of
this code where the right is to be exercisable wholly inside that sewer.
(3) In this paragraph —
(a) “relevant conduit” and “public sewer” have the same meanings as
in section 42; and
(b) a reference to the authority with control of a relevant conduit shall
be construed in accordance with section 42(4).
Compensation for injurious affection to neighbouring land
17. (1) Where a right conferred by or in accordance with any of the preceding
provisions of this code is exercised, compensation shall be payable by the operator
under section 7 of the Acquisition of Land Act 1984 as if that section had effect in relation
to injury caused by the exercise of such a right as it has effect in relation to injury
caused by the execution of works on land that has been compulsorily purchased.
(2) Sub-paragraph (1) shall not confer any entitlement to compensation on
any person in respect of the exercise of a right conferred in accordance with
paragraph 2 or 3, if that person conferred the right or is bound by it by virtue of
paragraph 2(2)(b) or (d) but, save as aforesaid, the entitlement of any person to
compensation under this paragraph shall be determined irrespective of his ownership
of any interest in the land where the right is exercised.
Objections to overhead apparatus
18. (1) This paragraph applies where the operator has completed the installation
for the purposes of the operator’s system of any telecommunication apparatus the
whole or part of which is at a height of 3 metres or more above the ground.
(2) At any time before the expiration of the period of 3 months beginning
with the completion of the installation of the apparatus a person who is the occupier of
or owns an interest in —
Telecommunications Act 1984 Schedule 1



c AT 11 of 1984 Page 61

(a) any land over or on which the apparatus has been installed, or
(b) any land the enjoyment of which, or any interest in which, is,
because of the nearness of the land to the land on or over which
the apparatus has been installed, capable of being prejudiced by
the apparatus,
may give the operator notice of objection in respect of that apparatus.
(3) No notice of objection may be given in respect of any apparatus if the
apparatus —
(a) replaces any telecommunication apparatus which was not
substantially different from the new apparatus; and
(b) is not in a significantly different position.
(4) Where a person has both given a notice under this paragraph and
applied for compensation under any of the preceding provisions of this code, the
court —
(a) may give such directions as it thinks fit for ensuring that no
compensation is paid until any proceedings under this paragraph
have been disposed of; and
(b) if the court makes an order under this paragraph, may provide in
that order for some or all of the compensation otherwise payable
under this code to that person not to be so payable, or, if the case
so requires, for some or all of any compensation paid under this
code to that person to be repaid to the operator.
(5) At any time after the expiration of the period of 2 months beginning with
the giving of a notice of objection but before the expiration of the period of 4 months
beginning with the giving of that notice, the person who gave the notice may apply to
the court to have the objection upheld.
(6) Subject to sub-paragraph (7), the court shall uphold the objection if the
apparatus appears materially to prejudice the applicant’s enjoyment of, or interest in,
the land in right of which the objection is made and the court is not satisfied that the
only possible alterations of the apparatus will —
(a) substantially increase the cost or diminish the quality of the
service provided by the operator’s system to persons who have, or
may in future have, access to it, or
(b) involve the operator in substantial additional expenditure
(disregarding any expenditure occasioned solely by the fact that
any proposed alteration was not adopted originally or, as the case
may be, that the apparatus has been unnecessarily installed), or
(c) give to any person a case at least as good as the applicant has to
have an objection under this paragraph upheld.
(7) The court shall not uphold the objection if the applicant is bound by a
right of the operator falling within paragraph 2 or 3(1) to install the apparatus and it
Schedule 1
Telecommunications Act 1984


Page 62 AT 11 of 1984 c

appears to the court unreasonable, having regard to the fact that the applicant is so
bound and the circumstances in which he became so bound, for the applicant to have
given notice of objection.
(8) In considering the matters specified in sub-paragraph (6) the court shall
have regard to all the circumstances and to the principle that no person should
unreasonably be denied access to a telecommunication system.
(9) If it upholds an objection under this paragraph the court may by order —
(a) direct the alteration of the apparatus to which the objection
relates;
(b) authorise the installation (instead of the apparatus to which the
objection relates), in a manner and position specified in the order,
of any apparatus so specified;
(c) direct that no objection may be made under this paragraph in
respect of any apparatus the installation of which is authorised by
the court.
(10) The court shall not make an order under this paragraph directing the
alteration of any apparatus or authorising the installation of any apparatus unless it is
satisfied either —
(a) that the operator has all such rights as it appears to the court
appropriate that he should have for the purpose of making the
alteration or, as the case may be, installing the apparatus, or
(b) that —
(i) he would have all those rights if the court, on an
application under paragraph 5, dispensed with the need
for the agreement of any person, and
(ii) it would be appropriate for the court, on such an
application, to dispense with the need for that agreement;
and, accordingly, for the purposes of dispensing with the need for the agreement of
any person to the alteration or installation of any apparatus, the court shall have the
same powers as it would have if an application had been duly made under
paragraph 5 for an order dispensing with the need for that person’s agreement.
(11) For the purposes of sub-paragraphs (6)(c) and (10) the court shall have
power on an application under this paragraph to give the applicant directions for
bringing the application to the notice of such other interested persons as it thinks fit.
Obligation to affix notices to overhead apparatus
19. (1) Where the operator has for the purposes of the operator’s system
installed any telecommunication apparatus the whole or part of which is at a height of
3 metres or more above the ground, the operator shall, before the expiration of the
period of 3 days beginning with the completion of the installation, in a secure and
durable manner affix a notice —
Telecommunications Act 1984 Schedule 1



c AT 11 of 1984 Page 63

(a) to every major item of apparatus installed; or
(b) if no major item of apparatus is installed, to the nearest major item
of telecommunication apparatus to which the apparatus that is
installed is directly or indirectly connected.
(2) A notice affixed under sub-paragraph (1) shall be affixed in a position
where it is reasonably legible and shall give the name of the operator and an address in
the Island at which any notice of objection may be given under paragraph 18 in respect
of the apparatus in question; and any person giving such a notice at that address in
respect of that apparatus shall be deemed to have been furnished with that address for
the purposes of paragraph 25(4)(a).
(3) If the operator contravenes the requirements of this paragraph he shall
be guilty of an offence and liable on summary conviction to a fine not exceeding £500.
(4) In a proceedings for an offence under this paragraph it shall be a defence
for the person charged to prove that he took all reasonable steps and exercised all due
diligence to avoid committing the offence.
Tree lopping
20. (1) Where any tree overhangs any street and, in doing so, either —
(a) obstructs or interferes with the working of any telecommunication
apparatus used for the purposes of the operator’s system, or
(b) will obstruct or interfere with the working of any
telecommunication apparatus which is about to be installed for
those purposes,
the operator may by notice to the occupier of the land on which the tree is growing
require the tree to be lopped so as to prevent the obstruction or interference.
(2) If within the period of 28 days beginning with the giving of the notice by
the operator the occupier of the land on which the tree is growing gives the operator a
counter-notice objecting to the lopping of the tree, the notice shall have effect only if
confirmed by an order of the court.
(3) If at any time a notice under sub-paragraph (1) has not been complied
with and either —
(a) a period of 28 days beginning with the giving of the notice has
expired without a counter-notice having been given, or
(b) an order of the court confirming the notice has come into force,
the operator may himself cause the tree to be lopped as mentioned in sub-
paragraph (1).
(4) Where the operator lops a tree in exercise of the power conferred by sub-
paragraph (3) he shall do so in a husband-like manner and in such a way as to cause
the minimum damage to the tree.
(5) Where —
Schedule 1
Telecommunications Act 1984


Page 64 AT 11 of 1984 c

(a) a notice under sub-paragraph (1) is complied with either without
a counter-notice having been given or after the notice has been
confirmed, or
(b) the operator exercises the power conferred by sub-paragraph (3),
the court may, on an application made by a person who has sustained loss or damage
in consequence of the lopping of the tree or who has incurred expenses in complying
with the notice, order the operator to pay that person such compensation in respect of
the loss, damage or expenses as it thinks fit.
Power to require alteration of apparatus
21. (1) Where any telecommunication apparatus is kept installed on, under or
over any land for the purposes of the operator’s system, any person with an interest in
that land or adjacent land may (notwithstanding the terms of any agreement binding
that person) by notice given to the operator require the alteration of the apparatus on
the ground that the alteration is necessary to enable that person to carry out a proposed
improvement of the land in which he has an interest.
(2) Where a notice is given under sub-paragraph (1) by any person to the
operator, the operator shall comply with it unless he gives a counter-notice under this
sub-paragraph within the period of 28 days beginning with the giving of the notice.
(3) Where a counter-notice is given under sub-paragraph (2) to any person,
the operator shall make the required alteration only if the court on an application by
that person makes an order requiring the alteration to be made.
(4) The court shall make an order under this paragraph for an alteration to
be made only if, having regard to all the circumstances and the principle that no person
should unreasonably be denied access to a telecommunication system, it is satisfied —
(a) that the alteration is necessary as mentioned in sub-paragraph (1);
and
(b) that the alteration will not substantially interfere with any service
provided by the operator’s system.
(5) The court shall not make an order under this paragraph for the alteration
of any apparatus unless it is satisfied either —
(a) that the operator has all such rights as it appears to the court
appropriate that he should have for the purpose of making the
alteration, or
(b) that —
(i) he would have all those rights if the court, on an
application under paragraph 5 dispensed with the need for
the agreement of any person, and
(ii) it would be appropriate for the court, on such an
application, to dispense with the need for that agreement;
Telecommunications Act 1984 Schedule 1



c AT 11 of 1984 Page 65

and, accordingly, for the purposes of dispensing with the need for the agreement of
any person to the alteration of any apparatus, the court shall have the same powers as
it would have if an application had been duly made under paragraph 5 for an order
dispensing with the need for that person’s agreement.
(6) For the purposes of sub-paragraph (5) the court shall have power on an
application under this paragraph to give the applicant directions for bringing the
application to the notice of such other interested persons as it thinks fit.
(7) An order under this paragraph may provide for the alteration to be
carried out with such modifications, on such terms and subject to such conditions as
the court thinks fit, but the court shall not include any such modifications, terms or
conditions in its order without the consent of the applicant, and if such consent is not
given may refuse to make an order under this paragraph.
(8) An order made under this paragraph on the application of any person
shall, unless the court otherwise thinks fit, require that person to reimburse the
operator in respect of any expenses incurred by the operator in or in connection with
the execution of any works in compliance with the order.
(9) In sub-paragraph (1) “improvement” includes development and change
of use.
Restriction on rights to require the removal of apparatus
22. (1) Where any person is for the time being entitled to require the removal of
any of the operator’s telecommunications apparatus from any land (whether under any
enactment or because that apparatus is kept on, under or over that land otherwise than
in pursuance of a right binding that person or for any other reason) that person shall
not be entitled to enforce the removal of the apparatus except, subject to sub-
paragraph (12), in accordance with the following provisions of this paragraph.
(2) The person entitled to require the removal of any of the operator’s
telecommunications apparatus shall give a notice to the operator requiring the removal
of the apparatus.
(3) Where a person gives a notice under sub-paragraph (2) and the operator
does not give that person a counter-notice within the period of 28 days beginning with
the giving of the notice, that person shall be entitled to enforce the removal of the
apparatus.
(4) A counter-notice given under sub-paragraph (3) to any person by the
operator shall do one or both of the following, that is to say —
(a) state that that person is not entitled to require the removal of the
apparatus;
(b) specify the steps which the operator proposes to take for the
purpose of securing a right as against that person to keep the
apparatus on the land.
(5) Those steps may include any steps which the operator could take for the
purpose of enabling him, if the apparatus is removed, to re-install the apparatus; and
Schedule 1
Telecommunications Act 1984


Page 66 AT 11 of 1984 c

the fact that by reason of the following provisions of this paragraph any proposed re-
installation is only hypothetical shall not prevent the operator from taking those steps
or the court or any person from exercising any function in consequence of those steps
having been taken.
(6) Where a counter-notice is given under sub-paragraph (3) above to any
person, that person may only enforce the removal of the apparatus in pursuance of an
order of the court; and, where the counter-notice specifies steps which the operator is
proposing to take to secure a right to keep the apparatus on the land, the court shall
not make such an order unless it is satisfied —
(a) that the operator is not intending to take those steps or is being
unreasonably dilatory in the taking of those steps; or
(b) that the taking of those steps has not secured, or will not secure,
for the operator as against that person any right to keep the
apparatus on, under or over the land or, as the case may be, to re-
install it if it is removed.
(7) Where any person is entitled to enforce the removal of any apparatus
under this paragraph (whether by virtue of sub-paragraph (3) or an order of the court
under sub-paragraph (6)), that person may, without prejudice to any method available
to him apart from this sub-paragraph for enforcing the removal of that apparatus,
apply to the court for authority to remove it himself; and, on such an application, the
court may, if it thinks fit, give that authority.
(8) Where any apparatus is removed by any person under an authority
given by the court under sub-paragraph (7), any expenses incurred by him in or in
connection with the removal of the apparatus shall be recoverable by him from the
operator; and in so giving an authority to any person the court may also authorise him,
in accordance with the directions of the court, to sell any apparatus removed under the
authority and to retain the whole or a part of the proceeds of sale on account of those
expenses.
(9) Any telecommunication apparatus kept installed on, under or over any
land shall (except for the purposes of this paragraph and without prejudice to
paragraphs 6(3) and 7(2)) be deemed, as against any person who was at any time
entitled to require the removal of the apparatus, but by virtue of this paragraph not
entitled to enforce its removal, to have been lawfully so kept at that time.
(10) Where this paragraph applies in relation to telecommunication
apparatus the alteration of which some person (“the relevant person”) is entitled to
require in consequence of the stopping up, closure, change or diversion of any street or
the extinguishment or alteration of any public right of way —
(a) the removal of the apparatus shall constitute compliance with a
requirement to make any other alteration;
(b) a counter-notice under sub-paragraph (3) may state (in addition
to, or instead of, any of the matters mentioned in
subparagraph (4)) that the operator requires the relevant person
to reimburse him in respect of any expenses which he incurs in or
Telecommunications Act 1984 Schedule 1



c AT 11 of 1984 Page 67

in connection with the making of any alteration in compliance
with the requirements of the relevant person;
(c) an order made under this paragraph on an application by the
relevant person in respect of a counter-notice containing such a
statement shall, unless the court otherwise thinks fit, require the
relevant person to reimburse the operator in respect of any
expenses which he so incurs; and
(d) sub-paragraph (8) shall not apply.
(11) References in this paragraph to the operator’s telecommunication
apparatus include references to telecommunication apparatus which (whether or not
vested in the operator) is being, is to be or has been used for the purposes of the
operator’s system.
(12) A person shall not, under this paragraph, be entitled to enforce the
removal of any apparatus on the ground only that he is entitled to require its removal
in accordance with paragraph 12, 15, 18 or 21; and this paragraph is without prejudice
to paragraph 24 and to the power to enforce an order of the court under paragraph 12,
15, 18 or 21.
Abandonment of apparatus
23. Without prejudice to the preceding provisions of this code, where the operator
has a right conferred by or in accordance with this code for the statutory purposes to
keep telecommunication apparatus installed on, under or over any land, he is not
entitled to keep that apparatus so installed if, at a time when the apparatus is not, or is
no longer, used for the purposes of the operator’s system, there is no reasonable
likelihood that it will be so used.
Undertaker’s works
24. (1) The following provisions of this paragraph apply where a relevant
undertaker is proposing to execute any undertaker’s works which involve or are likely
to involve a temporary or permanent alteration of any telecommunication apparatus
kept installed on, under or over any land for the purposes of the operator’s system.
(2) The relevant undertaker shall, not less than 10 days before the works are
commenced, give the operator a notice specifying the nature of the undertaker’s works,
the alteration or likely alteration involved and the time and place at which the works
will be commenced.
(3) Sub-paragraph (2) shall not apply in relation to any emergency works of
which the relevant undertaker gives the operator notice as soon as practicable after
commencing the works.
(4) Where a notice has been given under sub-paragraph (2) by a relevant
undertaker to the operator, the operator may within the period of 10 days beginning
with the giving of the notice give the relevant undertaker a counter-notice which may
state either —
Schedule 1
Telecommunications Act 1984


Page 68 AT 11 of 1984 c

(a) that the operator intends himself to make any alteration made
necessary or expedient by the proposed undertaker’s works; or
(b) that he requires the undertaker in making any such alteration to
do so under the supervision and to the satisfaction of the operator.
(5) Where a counter-notice given under sub-paragraph (4) states that the
operator intends himself to make any alteration —
(a) the operator shall (subject to sub-paragraph (7)) have the right,
instead of the relevant undertaker, to execute any works for the
purpose of making that alteration; and
(b) any expenses incurred by the operator in or in connection with
the execution of those works and the amount of any loss or
damage sustained by the operator in consequence of the alteration
shall be recoverable by the operator from the undertaker.
(6) Where a counter-notice given under sub-paragraph (4) states that any
alteration is to be made under the supervision and to the satisfaction of the operator —
(a) the relevant undertaker shall not make the alteration except as
required by the notice or under sub-paragraph (7); or
(b) any expenses incurred by the operator in or in connection with
the provision of that supervision and the amount of any loss or
damage sustained by the operator in consequence of the alteration
shall be recoverable by the operator from the undertaker.
(7) Where —
(a) no counter-notice is given under sub-paragraph (4), or
(b) the operator, having given a counter-notice falling within that
sub-paragraph, fails within a reasonable time to make any
alteration made necessary or expedient by the proposed
undertaker’s works or, as the case may be unreasonably fails to
provide the required supervision,
the relevant undertaker may himself execute works for the purpose of making the
alteration or, as the case may be, may execute such works without the supervision of
the operator; but in either case the undertaker shall execute the works to the
satisfaction of the operator.
(8) If the relevant undertaker or any of his agents —
(a) execute any works without the notice required by sub-
paragraph (2) having been given; or
(b) unreasonably fails to comply with any reasonable requirement of
the operator under this paragraph,
he shall, subject to sub-paragraph (9), be guilty of an offence and liable on summary
conviction to a fine which —
Telecommunications Act 1984 Schedule 1



c AT 11 of 1984 Page 69

(i) if the service provided by the operator’s system is
interrupted by the works or failure, shall not exceed £2,500;
and
(ii) if that service is not so interrupted, shall not exceed £1,000.
(9) In this paragraph —
“relevant undertaker” means —
(a) any person (including a local authority) authorised by any
enactment to carry on —
(i) any railway, tramway, road transport or lighthouse
undertaking;
(ii) any undertaking for the supply of gas, electricity or
heating; or
(iii) any undertaking for the supply of water or disposal of
sewage;
(b) any person (apart from the operator) to whom this code is applied
by a licence under section 5; and
(c) any person to whom this paragraph is applied by any Act
amended by or under or passed after this Act;
“undertaker’s works” means —
(a) in relation to a relevant undertaker falling within paragraph (a) of
the preceding definition, any works which that undertaker is
authorised to execute for the purposes of, or in connection with,
the carrying on by him of the undertaking mentioned in that
paragraph;
(b) in relation to a relevant undertaker falling within paragraph (b) of
that definition, any works which that undertaker is authorised to
execute by or in accordance with any provision of this code; and
(c) in relation to a relevant undertaker falling within paragraph (c) of
that definition, the works for the purposes of which this
paragraph is applied to that undertaker.
(10) The application of this paragraph by virtue of paragraph (c) of each of
the definitions in sub-paragraph (9) to any person for the purposes of any works shall
be without prejudice to its application by virtue of paragraph (a) of each of those
definitions to that person for the purposes of any other works.
Service of notices
25. (1) Any notice required to be given by the operator to any person for the
purposes of any provision of this code must be in a form approved by the Chief
Secretary as adequate for indicating to that person the effect of the notice and of so
much of this code as is relevant to the notice and to the steps that may be taken by that
person under this code in respect of that notice.129

Schedule 1
Telecommunications Act 1984


Page 70 AT 11 of 1984 c

(2) Any notice required to be given to any person for the purposes of any
provision of this code may be given to him either by delivering it to him or by leaving
it at his proper address or by post, but a notice shall not be given by post unless it is
sent by registered letter or by recorded delivery service.
(3) Any notice required to be given under this code may be given to an
incorporated company or body by giving it to the secretary or clerk of the company or
body.
(4) For the purposes of this paragraph and of the application in relation to
this code of section 41 of the Interpretation Act 1976 (service by post), the proper
address of any person shall be —
(a) if the person to whom the notice is to be given has furnished the
person giving the notice with an address for service under this
code, that address;
(b) in a case not falling within paragraph (a) where the person to
whom the notice is to be given is an incorporated company or
body, the registered or principal office of the company or body;
and
(c) in any other case, the last known address of the person to whom
the notice is to be given.
(5) If it is not practicable, for the purposes of giving any notice under this
code, after reasonable inquiries to ascertain the name and address —
(a) of the person who is for the purpose of any provision of this code
the occupier of the land, or
(b) of the owner of any interest in any land,
a notice may be given under his code by addressing it to a person by the description of
“occupier” of the land (describing it) or, as the case may be, “owner” of the interest
(describing both the interest and the land) and by delivering it to some person on the
land or, if there is no person on the land to whom it can be delivered, by affixing it, or a
copy of it, to some conspicuous object on the land.
(6) In any proceedings under this code a certificate purporting to be signed
by the Chief Secretary and stating that a particular form of notice has been approved
by him as mentioned in sub-paragraph (1) shall be conclusive evidence of the matter
certified.130

Application to the Crown
26. (1) This code shall apply in relation to land in which there subsists, or at any
material time subsisted, a Crown interest as it applies in relation to land in which no
such interest subsists.
(2) In this paragraph “Crown interest” means an interest which belongs to
Her Majesty in right of the Crown or to a Government department of the United
Telecommunications Act 1984 Schedule 1



c AT 11 of 1984 Page 71

Kingdom or which is held in trust for Her Majesty for the public service of the Island
or for the purposes of such a department.
(3) An agreement required by this code to be given in respect of any Crown
interest subsisting in any land shall be given by the appropriate authority, that is
to say —
(a) in the case of land belonging to Her Majesty in right of the Crown,
the Crown Estate Commissioners or, as the case may require, the
department having the management of the land in question;
(b) in the case of land belonging to a Government department of the
United Kingdom or held in trust for Her Majesty for the purposes
of such a department, that department;
(c) in the case of land held in trust for Her Majesty for the public
service of the Island, the Board of Tynwald or other body in
whom the land is vested or having the management of the land;
and if any question arises as to what authority is the appropriate authority in relation
to any land that question shall be referred to the Governor, whose decision shall be
final.
Savings
27. (1) Except in so far as provision is otherwise made by virtue of section 47(2)
or Schedule 2, this code shall not authorise the contravention of any provision made by
or under any enactment passed before this Act.
(2) The provisions of this code, except paragraphs 8(5) and 22 and sub-
paragraph (1), shall be without prejudice to any rights or liabilities arising under any
agreement to which the operator is a party.
(3) Except as provided by the preceding provisions of this code, the operator
shall not be liable to compensate any person for, or be subject to any other liability in
respect of, any loss or damage caused by the lawful exercise of any right conferred by
or in accordance with this code.
(4) The ownership of any property shall not be affected by the fact that it is
installed on or under, or affixed to, any land by any person in exercise of a right
conferred by or in accordance with this code.
Application of code to existing systems
28. (1) Subject to the following provisions of this paragraph, references in this
code to telecommunication apparatus installed on, under or over any land include
references to telecommunication apparatus so installed before this code comes into
force.
(2) Without prejudice to sub-paragraph (1), any line or other apparatus
lawfully installed before this code comes into force which if this code had come into
Schedule 1
Telecommunications Act 1984


Page 72 AT 11 of 1984 c

force could have been installed under paragraph 13 shall (subject to sub-paragraph (5))
be treated for the purposes of this code as if it had been so installed.
(3) Any consent given (or deemed to have been given) for the purposes of
any provision of the Telegraph Acts before this code comes into force shall —
(a) have effect after this code comes into force as an agreement given
for the purposes of this code, and
(b) so have effect, to any extent that is necessary for ensuring that the
same persons are bound under this code as were bound by the
consent, as if it were an agreement to confer a right or, as the case
may require, to bind any interest in land of the person who gave
(or is deemed to have given) the consent.
(4) Where by virtue of sub-paragraph (3) any person is bound by any right,
that right shall not be exercisable except on the same terms and subject to the same
conditions as the right which, by virtue of the giving of the consent, was exercisable
before this code comes into force; and where under any enactment repealed by this Act
or by the U.K. Act, as it has effect in the Island, those terms or conditions included a
requirement for the payment of compensation or required the determination of any
matter by any court or person, the amount of the compensation or, as the case may be,
that matter shall be determined by the court.
(5) A person shall not be entitled to compensation under any provision of
this code if he is entitled to compensation in respect of the same matter by sub-
paragraph (4).
(6) Neither this code nor the repeal by the U.K. Act, as it has effect in the
Island, of any provisions of the Telegraph Acts (which contain provisions confirming
or continuing in force certain agreements) shall prejudice any rights or liabilities
(including any rights or liabilities transferred by virtue of section 43) which arise at any
time under any agreement which was entered into before this code comes into force
and relates to the installation, maintenance, adjustment, repair, alteration or inspection
of any telecommunication apparatus or to keeping any such apparatus installed on,
under or over any land.
(7) Any person who before the coming into force of this code has —
(a) given a notice (“the Telegraph Acts notice”) under or for the
purposes of any provision of the Telegraph Acts to any person, or
(b) made an application under or for the purposes of any such
provision (including, in particular, an application for any matter
to be referred to any court or person),
may give a notice to the person to whom the Telegraph Acts notice was given or, as the
case may be, to every person who is or may be a party to the proceedings resulting
from the application stating that a specified step required to be taken under or for the
purposes of this code, being a step equivalent to the giving of the Telegraph Acts notice
or the making of the application, and any steps required to be so taken before the
taking of the step should be treated as having been so taken.
Telecommunications Act 1984 Schedule 2



c AT 11 of 1984 Page 73

(8) A notice may be given under sub-paragraph (7) with respect to an
application notwithstanding that proceedings resulting from the application have been
commenced.
(9) Where a notice has been given to any person under sub-paragraph (7),
that person may apply to the court for an order setting aside the notice on the ground
that it is unreasonable in all the circumstances to treat the giving of the Telegraph Acts
notice or the making of the application in question as equivalent to the taking of the
steps specified in the notice under that sub-paragraph; but unless the court sets aside
the notice under that sub-paragraph, the steps specified in the notice shall be treated as
having been taken and any proceedings already commenced shall be continued
accordingly.
(10) References in this paragraph to the coming into force of this code shall
have effect as references to the time at which the code comes into force in relation to
the operator.
APPENDIX
131

SCHEDULE 2

AMENDMENTS OF ENACTMENTS

Section 47(1)
[Sch 2 amended by Highways Act 1986 Sch 9, by Electricity Act 1996 Sch 7 and
by Harbours Act 2010 Sch 5, and amends the following Act —
Land Registration Act 1982 q.v.]
SCHEDULE 3

GENERAL TRANSITIONAL PROVISIONS AND SAVINGS

Section 47(3) [P1984/12/Sch 5]
PART I – PROVISIONS AND SAVINGS COMING INTO FORCE ON

APPOINTED DAY

Licences
1. (1) Subject to the following provisions of this paragraph, a licence granted,
or having effect as if granted, by the Secretary of State or British Telecommunications
under section 15(l) of the British Telecommunications Act 1981 (an Act of Parliament)
(“the 1981 Act”) which is effective on the appointed day, shall, so far as it relates to a
Manx system, have effect as from that day as if granted by the Governor in Council
under section 5; and the provisions of this Act shall apply accordingly.
Schedule 3
Telecommunications Act 1984


Page 74 AT 11 of 1984 c

(2) Where immediately before the appointed day British
Telecommunications has in its possession particulars of licences granted, or having
effect as if granted by it under section 15(1) of the 1981 Act and relating wholly or
partly to a Manx system, British Telecommunications shall, as soon as practicable after
that day, send those particulars to the Government Secretary.
(3) Section 14(2) shall not apply in relation to a licence granted, or having
effect as if granted, by British Telecommunications under section 15(1) of the 1981 Act
and relating wholly or partly to a Manx system unless particulars of that licence are
sent to the Government Secretary under sub-paragraph (2).
(4) Subject to sub-paragraph (5), a licence falling within sub-paragraph (1)
may, so far as it relates to a Manx system, be revoked by the Governor in Council
notwithstanding anything in the licence at any time before the expiry of the transitional
period.
(5) A licence granted to a particular person shall not be revoked under sub-
paragraph (4) except with the consent of that person.
(6) In this paragraph “the transitional period” means the period of 12
months beginning with the appointed day or such other period (not exceeding 2 years)
beginning with that day as the Governor in Council may by order prescribe for the
purposes of this paragraph.
Approvals etc
2. (1) An approval issued under section 16(2) of the 1981 Act by the Secretary
of State, by a person or body appointed by him for the purpose or by British
Telecommunications which is effective on the appointed day shall, so far as it relates to
a Manx system, have effect as from that day as if given by the Governor in Council
under section 16(1); and the provisions of this Act shall apply accordingly.
(2) A standard approved under section 16(1) of the 1981 Act by the Secretary
of State or by a person or body appointed by him for the purpose which is effective on
the appointed day shall, so far as it relates to a Manx system, have effect as from that
day as if designated by the Governor in Council under section 19; and the provisions of
this Act shall apply accordingly.
(3) Where immediately before the appointed day British
Telecommunications has in its possession particulars of approvals issued by it under
section 16(2) of the 1981 Act and relating wholly or partly to a Manx system, British
Telecommunications shall, as soon as practicable after that date, send those particulars
to the Government Secretary.
(4) Section 20(1) shall not apply in relation to an approval issued by British
Telecommunications under section 16(2) of the 1981 Act unless particulars of that
approval are sent to the Government Secretary under sub-paragraph (3).
(5) An acknowledgement by the Secretary of State or a person appointed for
the purposes of section 16(2) of the 1981 Act that any apparatus conforms to a standard
Telecommunications Act 1984 Schedule 3



c AT 11 of 1984 Page 75

approved under section 16(1) of that Act shall be treated for the purposes of this
paragraph as an approval issued under the said section 16(2).
Information etc
3. (1) An order made under section 17 of the 1981 Act which is in force on the
appointed day shall have effect, as from that day, as if made under section 22; and the
provisions of this Act shall apply accordingly.
(2) An order made under section 18 of the 1981 Act which is in force on the
appointed day shall have effect, as from that day, as if made under section 23; and the
provisions of this Act shall apply accordingly.
4. [Repealed]132

Contracts
5. (1) Where immediately before the appointed day British
Telecommunications —
(a) are providing, or have acceded to an application for the provision
of, any services for any persons; or
(b) are supplying, or have acceded to an application for the supply of,
any apparatus to any persons,
in pursuance of a scheme made under section 21 of the 1981 Act, British
Telecommunications shall be deemed to have contracted with those persons for the
provision of the services or the hire of the apparatus as from that day.
(2) The express terms and conditions of a contract which, by virtue of sub-
paragraph (1), is deemed to have been made shall be such of the following as are
applicable, namely —
(a) the terms and conditions contained in the scheme; and
(b) where a scheme is made under this paragraph, the terms and
conditions contained in the scheme so made.
(3) British Telecommunications may make, as respects any of the services
provided or apparatus supplied by it, a scheme for determining the terms and
conditions which are to be incorporated in the contracts which, by virtue of sub-
paragraph (1)(a), are to be deemed to have been made.
(4) Nothing in the 1981 Act shall be taken to limit or restrict the provision
which may be made by a scheme under this paragraph.
(5) A scheme made under this paragraph may —
(a) make different provision for different cases or classes of cases
determined by, or in accordance with, the provisions of the
scheme; and
Schedule 3
Telecommunications Act 1984


Page 76 AT 11 of 1984 c

(b) revoke or amend any scheme made under section 21 of the 1981
Act.
(6) A scheme made under this paragraph shall come into operation on the
appointed day and shall be deposited in the General Registry, and notice thereof shall
be published in at least one newspaper published and circulating in the Island before
the appointed day.
(7) Terms and conditions incorporated in a contract by virtue of sub-
paragraph (2) shall not be regarded for the purposes of paragraph 3 of Schedule 4 to
the Misrepresentation and Unfair Contract Terms Act 1980 as authorised by necessary
implication of this paragraph.
Miscellaneous
6. Nothing in this Act shall affect the operation of —
(a) section 22 of the 1981 Act in relation to any contract deemed to
have been made before the appointed day;
(b) section 23 of the 1981 Act in relation to any loss or damage
suffered by reason of an act or omission taking place before the
appointed day;
(c) section 53 of the 1981 Act in relation to any sum which became
due or any charge which was levied before the appointed day.
Supplemental
7. In this Part —
“the 1981 Act
” means the British Telecommunications Act 1981 (an Act of
Parliament);
“Manx system
” means a telecommunication system within the Island.
PART II – PROVISIONS AND SAVINGS COMING INTO FORCE ON

TRANSFER DATE

8. A licence granted under section 5 to British Telecommunications which is
effective on the transfer date shall have effect as if granted to the successor company.
9. An order made under section 7(1) which designates any telecommunication
system or systems run by British Telecommunications and is effective on the transfer
date shall have effect as if it designated the corresponding telecommunication system
or systems run by the successor company.
10. An approval given, or having effect as if given, under section 16(1), or a
standard relating to apparatus designated, or having effect as if designated, under
section 19, which (in either case) applies for the purposes of any telecommunication
system or systems run by British Telecommunications and is effective on the transfer
Telecommunications Act 1984 Schedule 3



c AT 11 of 1984 Page 77

date shall have effect as if it applied for the purposes of the corresponding
telecommunication system or systems run by the successor company.
11. A resolution of Tynwald authorising the compulsory purchase of land by
British Telecommunications which is effective on the transfer date shall have effect as if
it authorised the compulsory purchase of that land by the successor company.
12. An authorisation given, or having effect as if given, by the Governor in Council
under section 25 on the nomination of British Telecommunications which is effective
on the transfer date shall have effect as if given on the nomination of the successor
company.
13. An order made under section 33 which relates to a cable programme service
provided by British Telecommunications and is effective on the transfer date shall have
effect as if it related to the corresponding cable programme service provided by the
successor company.
14. A licence granted under section 34 to British Telecommunications which is
effective on the transfer date shall have effect as if granted to the successor company.
15. A direction given, or having effect as if given, to British Telecommunications
under section 36(1) or (2) which is effective on the transfer date shall have effect as if
given to the successor company.
16. Where immediately before the transfer date there is in force an agreement
which —
(a) confers or imposes on British Telecommunications any rights or
liabilities which vest in the successor company by virtue of
section 43; and
(b) refers (in whatever terms and whether expressly or by
implication) to a member or officer of British
Telecommunications;
the agreement shall have effect, in relation to anything falling to be done on or after
that date, as if for that reference there were substituted a reference to such person as
that company may appoint or, in default of appointment, to the officer of that company
who corresponds as nearly as may be to the member or officer of British
Telecommunications in question.
17. Except as otherwise provided by the foregoing provisions of this Part (whether
expressly or by necessary implication), any agreement made, transaction effected or
other thing done by, to or in relation to British Telecommunications which is in force or
effective immediately before the transfer date shall have effect as from that date as if
made, effected or done by, to or in relation to the successor company, in all respects as
if the successor company were the same person, in law, as British Telecommunications,
and accordingly references to British Telecommunications —
Schedule 4
Telecommunications Act 1984


Page 78 AT 11 of 1984 c

(a) in any agreement (whether or not in writing) and in any deed,
bond or instrument;
(b) in any process or other document issued, prepared or employed
for the purpose of any proceeding before any court or other
tribunal or authority; and
(c) in any other document whatsoever (other than an enactment)
relating to or affecting any property, right or liability or British
Telecommunications which vests by virtue of section 43 in the
successor company,
shall be taken as from the transfer date as referring to the successor company.
18. It is hereby declared for the avoidance of doubt that —
(a) the effect of section 43 in relation to any contract of employment
with British Telecommunications in force immediately before the
transfer date is merely to modify the contract (as from that date)
by substituting the successor company as the employer (and not
to terminate the contract or to vary it in any other way); and
(b) that section is effective to vest the rights and liabilities of British
Telecommunications under any agreement or arrangement for the
payment of pensions, allowances or gratuities in the successor
company along with all other rights and liabilities of British
Telecommunications;
and accordingly for the purposes of any such agreement or arrangement (as it has
effect by virtue of paragraph 17 in relation to employment with the successor company
or with a wholly owned subsidiary of that company) any period of employment with
British Telecommunications shall count as employment with the successor company or
(as the case may be) with a wholly owned subsidiary of that company.
PART III
133

SCHEDULE 4
134

Telecommunications Act 1984 Endnotes


c AT 11 of 1984 Page 79

ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Subs (1) amended by GC155/91 and by Interpretation Act 1976 s 16A. 2
Subs (2) amended by GC155/91 and by Interpretation Act 1976 s 16A. 3
Subs (4) added by Miscellaneous Provisions Act 1986 Sch 1 and amended by GC74/89
and by GC155/91. 4
Subs (7) amended by Miscellaneous Provisions Act 1986 Sch 1. 5
Subs (1) repealed by Broadcasting Act 1991 s 15 and Sch 5. 6
Subs (2) amended by Broadcasting Act 1993 Sch 4. 7
Subs (2A) inserted by Broadcasting Act 1993 Sch 4. 8
Para (a) amended by GC155/91. 9
Subs (1) amended by Miscellaneous Provisions Act 1986 Sch 1. 10
Para (a) amended by Miscellaneous Provisions Act 1986 Sch 1 and by GC155/91. 11
Para (b) amended by Treasury Act 1985 Sch 2. 12
Para (c) amended by Miscellaneous Provisions Act 1986 Sch 1. 13
Para (a) amended by Miscellaneous Provisions Act 1986 Sch 1 and by GC155/91. 14
Para (b) amended by Miscellaneous Provisions Act 1986 Sch 1 and by GC155/91. 15
Para (c) amended by Miscellaneous Provisions Act 1986 Sch 1 and by GC155/91. 16
Subs (7) amended by Miscellaneous Provisions Act 1986 Sch 1 and by GC155/91. 17
Subs (8) amended by Treasury Act 1985 Sch 2. 18
Subs (2) amended by Miscellaneous Provisions Act 1986 Sch 1 and by GC155/91. 19
Subs (1) amended by GC155/91 and by Organised and International Crime Act 2010 s
17(2). Ed. Note: S 17(6) of the Organised and International Crime Act 2010 provides as
follows: “Any order in operation under section 7 of the Telecommunications Act 1984
as it stood immediately before the coming into operation of this section shall continue
Endnotes Telecommunications Act 1984


Page 80 AT 11 of 1984 c


in operation as if it had been made under that Act as amended by this section.”. S 17
operative from 13/7/2010. 20
Subs (3) amended by GC155/91 and by Interpretation Act 1976 s 16A. 21
Para (b) amended by Broadcasting Act 1993 Sch 4. 22
Subs (4) amended by GC155/91 and by Broadcasting Act 1993 Sch 4. 23
Subs (6) amended by Broadcasting Act 1993 Sch 4. 24
Subs (1) amended by GC155/91 and by Interpretation Act 1976 s 16A. 25
Para (d) amended by Miscellaneous Provisions Act 1986 Sch 1 and by GC155/91. 26
Subs (1) amended by Miscellaneous Provisions Act 1986 Sch 1. 27
Subs (3) amended by Miscellaneous Provisions Act 1986 Sch 1. 28
Subs (4) amended by Miscellaneous Provisions Act 1986 Sch 1. 29
Subs (5) added by Miscellaneous Provisions Act 1986 Sch 1 and amended by Civil
Service Act 1990 s 7 and by GC155/91. 30
Subs (1) amended by Miscellaneous Provisions Act 1986 Sch 1. 31
Para (c) amended by Miscellaneous Provisions Act 1986 Sch 1. 32
Subs (1) amended by Miscellaneous Provisions Act 1986 Sch 1. 33
Subs (2) amended by Miscellaneous Provisions Act 1986 Sch 1. 34
Subs (3) amended by Miscellaneous Provisions Act 1986 Sch 1. 35
Subs (4) amended by Miscellaneous Provisions Act 1986 Sch 1. 36
Subs (5) amended by Miscellaneous Provisions Act 1986 Sch 1. 37
Subs (6) amended by Miscellaneous Provisions Act 1986 Sch 1. 38
Subs (1) amended by Miscellaneous Provisions Act 1986 Sch 1. 39
Subs (2) amended by Miscellaneous Provisions Act 1986 Sch 1. 40
Subs (3) amended by Miscellaneous Provisions Act 1986 Sch 1, by GC155/91 and by
Interpretation Act 1976 s 16A. 41
Subs (4) amended by Treasury Act 1985 Sch 2 and by Miscellaneous Provisions Act
1986 Sch 1. 42
Subs (5) amended by Miscellaneous Provisions Act 1986 Sch 1. 43
Subs (6) amended by Miscellaneous Provisions Act 1986 Sch 1. 44
Subs (1) amended by Miscellaneous Provisions Act 1986 Sch 1. 45
Subs (1) amended by Miscellaneous Provisions Act 1986 Sch 1. 46
Subs (1) amended by Miscellaneous Provisions Act 1986 Sch 1. 47
Para (b) amended by Miscellaneous Provisions Act 1986 Sch 1. 48
Subs (1) amended by Miscellaneous Provisions Act 1986 Sch 1. 49
Subs (2) amended by Miscellaneous Provisions Act 1986 Sch 1. 50
Subs (3) amended by Treasury Act 1985 Sch 2. 51
Subs (4) amended by Treasury Act 1985 s 7 and Sch 2. 52
Subs (1) amended by Miscellaneous Provisions Act 1986 Sch 1. 53
Subs (3) amended by Miscellaneous Provisions Act 1986 Sch 1. 54
Subs (4) amended by Miscellaneous Provisions Act 1986 Sch 1. 55
Para (a) amended by Miscellaneous Provisions Act 1986 Sch 1. 56
Para (b) amended by Miscellaneous Provisions Act 1986 Sch 1.
Telecommunications Act 1984 Endnotes


c AT 11 of 1984 Page 81

57
Subs (6) amended by Miscellaneous Provisions Act 1986 Sch 1. 58
Subs (7) amended by Miscellaneous Provisions Act 1986 Sch 1. 59
Subs (9) amended by Treasury Act 1985 Sch 2. 60
Subs (10) amended by Miscellaneous Provisions Act 1986 Sch 1. 61
Subs (1) amended by Miscellaneous Provisions Act 1986 Sch 1. 62
Subs (2) amended by Miscellaneous Provisions Act 1986 Sch 1. 63
Subs (1) amended by Miscellaneous Provisions Act 1986 Sch 1. 64
Subs (3) amended by Miscellaneous Provisions Act 1986 Sch 1. 65
Para (b) amended by Miscellaneous Provisions Act 1986 Sch 1. 66
Subs (1) amended by Miscellaneous Provisions Act 1986 Sch 1. 67
Subs (6) substituted by Consumer Protection Act 1991 Sch 4. 68
S 22A inserted by Broadcasting Act 1993 s 21. 69
Subs (1) amended by Miscellaneous Provisions Act 1986 Sch 1. 70
Subs (2) amended by GC155/91. 71
Subs (3) amended by GC155/91. 72
Subs (1) amended by GC155/91. 73
Para (b) amended by GC155/91. 74
Para (b) amended by Criminal Justice Act 2001 s 23. 75
Subs (1) amended by Broadcasting Act 1993 Sch 4. 76
Subs (2) substituted by Broadcasting Act 1993 Sch 4. 77
S 29A inserted by Criminal Justice Act 2001 s 23. 78
S 31 substituted by Interception of Communications Act 1988 Sch 2. 79
Part III (ss 32 to 35) repealed by Broadcasting Act 1993 Sch 5. 80
S 36 marginal heading amended by SD861/11. 81
Subs (1) amended by SD861/11. 82
Subs (2) amended by SD861/11. 83
Subs (3) amended by SD861/11. 84
Subs (4) amended by SD861/11. 85
Subs (5) amended by SD861/11. 86
Subs (6) amended by Treasury Act 1985 Sch 2and by SD861/11. 87
Subs (7) amended by Treasury Act 1985 Sch 2. 88
Para (b) amended by Miscellaneous Provisions Act 1986 Sch 1. 89
Para (i) amended by Miscellaneous Provisions Act 1986 Sch 1. 90
Para (ii) amended by Miscellaneous Provisions Act 1986 Sch 1. 91
Subs (1) amended by Miscellaneous Provisions Act 1986 Sch 1. 92
Para (a) amended by Miscellaneous Provisions Act 1986 Sch 1. 93
Subs (1) amended by Miscellaneous Provisions Act 1986 Sch 1. 94
Para (a) amended by Miscellaneous Provisions Act 1986 Sch 1 and by Civil Service
Act 1990 s 7. 95
Para (b) amended by the Consumer Protection Act 1991 Sch 4 and by SD579/98. 96
Para (e) amended by SD0606/12. 97
Para (d) amended by SD2014/06.
Endnotes Telecommunications Act 1984


Page 82 AT 11 of 1984 c

98
Subs (1) amended by SD2014/06. 99
Subs (3) amended by SD2014/06. 100
Para (a) amended by SD2014/06. 101
Para (b) amended by SD2014/06. 102
Subs (5) repealed by SD2014/06. 103
Definition of “electric line” substituted by Electricity Act 1996 Sch 6. 104
Definition of “the Authority”, previously “the Electricity Authority”, substituted by
SD2014/06. 105
Definition of “the Water Authority” repealed by SD2014/06. 106
Definition of “water main” amended by Statute Law Revision Act 1997 Sch 1. 107
Day appointed for the purposes of s 43: 6/8/1984 (GC179/84). 108
Subs (1) amended by Organised and International Crime Act 2010 s 17(4). 109
Subs (2) added by Organised and International Crime Act 2010 s 17(5). 110
S 44 amended by Organised and International Crime Act 2010 s 17(3). 111
S 45 amended by Miscellaneous Provisions Act 1986 Sch 1 and by Civil Service Act
1990 s 7. 112
Definition of “the Commission” inserted by GC74/89. 113
Definition of “Community obligation” replaced by definition of “EU obligation” by
SD0606/12. 114
Subs (4) repealed by Statute Law Revision Act 1992 Sch 2. 115
ADO (ss 1 to 42, 44 to 46, 48, 47(1) and (2), 47(3) (so far as it relates to Parts I and III
of Sch 3), 47(4) (except in relation to the entry in Sch 4 relating to the Act), Schs 1 and 2,
Parts I and III of Sch 3, Sch 4 (except the entry relating to the Act) 5/8/1984; (ss 43, 47(3)
(so far as it relates to Part II of Sch 3), Part II of Sch 3) 6/8/1984 (GC179/84); (the rest of
the provisions) 9/7/1985 (GC181/85). 116
Definition of “the Harbour Board” repealed by GC190/86. 117
Definition of “the port authority” repealed by SD155/10 Sch 5. 118
Subpara (2) repealed by Highways Act 1986 Sch 9. 119
Subpara (2) amended by SD155/10 Sch 5. 120
Subpara (3) amended by SD155/10 Sch 5. 121
Subpara (4) amended by SD155/10 Sch 5. 122
Subpara (5) amended by SD155/10 Sch 5. 123
Item (b) amended by SD155/10 Sch 5. 124
Subpara (6) amended by SD155/10 Sch 5. 125
Subpara (7) amended by SD155/10 Sch 5. 126
Subpara (8) amended by SD155/10 Sch 5. 127
Subpara (9) amended by SD155/10 Sch 5. 128
Definition of “the Department” inserted by SD155/10 Sch 5. 129
Subpara (1) amended by Civil Service Act 1990 s 7. 130
Subpara (6) amended by Civil Service Act 1990 s 7. 131
Appendix repealed by Highways Act 1986 Sch 9. 132
Para 4 repealed by Highways Act 1986 Sch 9.
Telecommunications Act 1984 Endnotes


c AT 11 of 1984 Page 83

133
Part III (para 19) repealed by Telecommunications Act 1984 Sch 4. 134
Sch 4 repealed by Statute Law Revision Act 1992 Sch 2.