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TELEGRAPH ACT 1892

TELEGRAPH ACT 1892 - LONG TITLE

An Act to make further provision respecting Telegraphs.{1}
[28th June 1892]
S.1 rep. by SLR 1950. S.2 rep. by 1916 c.40 s.5(3) sch.

TELEGRAPH ACT 1892 - SECT 3
Extension of certain provisions of Telegraph Acts.

3. [For the purposes of the Telegraph Acts 1863 and 1878] the
terms public road and street shall respectively include a public
highway for carriages and a public way, although not repairable in
manner in the Telegraph Act, 1863, mentioned, and the term "public
road" shall include a public highway for horses and a private road
which is also a public footpath, if such highway or road is
enclosed between hedges, walls, or other fences.

TELEGRAPH ACT 1892 - SECT 4
Telegraph lines constructed irregularly or by persons other than the
Post Office.

4.(1) Where a telegraphic line of the [Post Office] has been
constructed, either before or after the passing of this Act, whether
by [it] or a person through whom [it] claims, and has been
constructed independently of or without compliance with the Telegraph
Acts, 1863 and 1878, or this Act, any road authority, owner,
lessee, occupier or person whose consent would have been required if
the line had been constructed in accordance with the Acts, and who
is aggrieved, or who would, if the line had been constructed in
accordance with the Acts, be entitled to require its removal, may
require the removal of such line, but until the removal is required
in pursuance of this section the line shall be deemed to have been
lawfully constructed: Provided, that if and so far as the
telegraphic line is constructed under or along a street or public
road, sections three, four, and five of the Telegraph Act, 1878,
shall apply as if the requisition to remove were a failure to
consent within the meaning of those sections

Subs.(2) rep. by 1969 c.48 s.137 sch.8 Pt.I

TELEGRAPH ACT 1892 - SECT 5
Application of Acts to licensee of Post Office.

5.(1) [The Post Office may authorise the holder of a licence
granted, or having effect as if it had been granted, under section
27(1) of the Post Office Act 1969 (in this section referred to as
" licensee') during the time and within the area specified in the
authority to exercise all or any of the powers which are conferred
on the Post Office by the Telegraph Acts 1863 and 1878], and
thereupon the enactments conferring those powers or relating to the
exercise thereof, including any penal provisions, shall apply
accordingly.

[(2) Provided that, notwithstanding anything in the Telegraph Act,
1878, a licensee shall not exercise any powers under the said
enactments in any district without the consent of the district
council and shall be subject to any terms and conditions which the
district council may attach to any such consent and shall comply
with any regulations of the district council from time to time in
force in relation to telegraphic lines.]

TELEGRAPH ACT 1892 - SECT 6
Agreement with electric lighting company.

6.(1) Any company or person authorised to lay an electric line
within the meaning of [the Electricity Supply (Northern Ireland)
Order 1972], may, with the approval of the Board of Trade, and
with the consent of [the district council], for the district within
which such electric line is laid, and by agreement with the [Post
Office], or, if so authorised by the [Post Office], with [its]
licensee, place, or authorise the [Post Office] or [its] licensee to
place, telegraphs in the trenches, tubes, pipes, or apparatus used
for the purpose of such electric line.

(2) The enactments relating to the company or person in relation to
the powers, operations, trenches, tubes, pipes, and apparatus of such
company or person for the purpose of the electric line shall, so
far as applicable, extend to the said telegraphs, and to anything
done in pursuance of this section.

TELEGRAPH ACT 1892 - SECT 7
Saving for railways and canals.

7. Nothing in this Act shall apply to the undertaking of any
railway or canal company authorised by an Act of Parliament.

TELEGRAPH ACT 1892 - SECT 8
Extension of 1863 c.112 and 1878 c.76.

8. The provisions of the Telegraph Acts, 1863 and 1878, and this
Act, shall apply to any pneumatic and other tubes used for the
purpose of transmitting telegraphic messages or maintaining telegraphic
communication in like manner as they apply to telegraphs underground.

TELEGRAPH ACT 1892 - SECT 9
Definitions.

9. In this Act, unless the context otherwise requires,

The expression "road authority" means the body having the control of
a street or public road, and where a street or public road is not
repairable at the public expense, means the body which would have
control of such street or road if it were repairable at the public
expense.

Definitions rep. by SI 1973/2095

...

Expressions referring to the construction and maintenance of a
telegraphic line along a street or public road, mean the placing
and maintaining of a telegraph over, along, or across a street or
public road, and the placing and maintaining of posts in or upon a
street or public road.

Expressions referring to the refusal or failure to give a consent
shall include a reference to a withdrawal of a consent, and to the
attaching to a consent of any terms, conditions, or stipulations to
which the [Post Office] objects.

Other expressions have the same meaning as in the Telegraph Acts,
1863 and 1878.

TELEGRAPH ACT 1892 - SECT 11
Applicaiton of Act to Ireland.

11. In the application of this Act to Ireland, the following
modifications shall be made:

Subs.(1)(2), as subst. by SI 1973/2095, substitute s.5(2) and amend
s.6

...

Short title.

TELEGRAPH ACT 1892 - SECT 13

13. This Act may be cited as the Telegraph Act, 1892.

The Telegraph Acts, 1863 to 1889, and this Act may be cited
collectively as the Telegraph Acts, 1863 to 1892.