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Paragraph 59

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Where any work proposed to be done on or after the appointed day by F1the Northern Ireland Housing Executive in pursuance of a clearance or demolition order or a re-development scheme made by them under F2the M1Housing (Northern Ireland) Order 1981 involves, or is likely to involve, an alteration in a telegraphic line belonging to, or used by, the authority, paragraphs (1) to (8) of section 7 of the M2Telegraph Act 1878 shall apply to the alteration and accordingly shall have effect, subject to any necessary modifications, as if references therein to undertakers included references to the Northern Ireland Housing Executive.

(2)

Where, in pursuance of an order under section 22 of the Housing of the M3Working Classes Act 1890, section 14 of the M4Housing Act (Northern Ireland) 1961, F3Article 51 of the Housing (Northern Ireland) Order 1981 or section 25 of the M5New Towns Act (Northern Ireland) 1965, that comes into operation on or after the appointed day, a public right of way over land is extinguished and, immediately before the day on which the order comes into operation, there is under, in, on, over, along or across the land a telegraphic line of the authority’s, the authority shall have the same powers in respect of the line as if the order had not come into operation; but, if a person entitled to land over which the right of way subsisted requires that the line should be altered, paragraphs (1) to (8) of the said section 7 shall apply to the alteration and accordingly shall have effect, subject to any necessary modifications, as if references therein to undertakers included references to the person by whom the alteration is required.

(3)

In this paragraph F4“telegraphic line” and “alteration” have the same meanings as in the M6Telegraph Act 1878.

Annotations

Textual amendments

F1

Words substituted by virtue of S.R. & O. (N.I.) 1973/256, art. 3, Sch. 2

F2

Words substituted by S.I. 1981/156 (N.I.3), Sch. 11 Pt. II

F3

Words inserted by S.I. 1981/156 (N.I.3), Sch. 11 Pt. II

F4

Words repealed by S.R. & O. (N.I.) 1973/256, art. 3, Sch. 2

Marginal citations

M1

S.I. 1981/156 (N.I.3).

M2

1878 c. 76.

M3

1890 c. 70.

M4

1961 c. 12 (N.I.)

M5

1965 c. 13 (N.I.)

M6

1878 c. 76.

Notes on the whole Act

Textual amendments

F1

Act repealed in part (Isle of Man) (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 11(5)