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TELEGRAPH (CONSTRUCTION) ACT 1916

TELEGRAPH (CONSTRUCTION) ACT 1916 - LONG TITLE

An Act to amend the Telegraph Acts, 1863 to 1915, with respect to
the construction and maintenance of telegraphic lines.
[23rd August 1916]
User of land and buildings for telegraphic lines.

TELEGRAPH (CONSTRUCTION) ACT 1916 - SECT 1

1. If the owner, lessee, or occupier of any land or building
refuses or fails to give his consent to the placing of a
telegraphic line under, in, upon, over, along or across the land or
building within two months after being required to do so by notice
from the Postmaster-General, a difference shall be deemed to have
arisen between the [Post Office] and that owner, lessee, or
occupier, and sections three, four and five of the Telegraph Act,
1878, shall apply accordingly as if it were a difference arising
under that Act:

Provided that the tribunal to which the difference is referred under
these sections shall not give its consent to the placing of the
line unless satisfied that such refusal or failure is contrary to
the public interest; and in deciding whether to give its consent or
to impose any terms, conditions, or stipulations, including the
carrying of any portion of the line underground, the tribunal shall,
among other considerations, have regard to the effect, if any, on
the amenities or value of the land of the placing of the line in
the manner proposed:

Provided also that, subject as aforesaid, all the provisions of the
Telegraph Act, 1863, shall apply in the case of the exercise of
any powers authorised to be exercised under this section, and such
owner, lessee, or occupier, shall have and enjoy all the benefits
of such provisions.

TELEGRAPH (CONSTRUCTION) ACT 1916 - SECT 2
Amendment of section 4 of 1892 c.59.

2. The proviso to subsection (1) of section four of the Telegraph
Act, 1892 (which relates to telegraphic lines constructed irregularly
or by persons other than the [Post Office]), shall extend and apply
to a telegraphic line placed under, in, upon, over, along or across
any land or building, as well as to a telegraphic line constructed
under or along a street or public road.

TELEGRAPH (CONSTRUCTION) ACT 1916 - SECT 3
Application of 1908 c.33

3. Section three... of the Telegraph (Construction) Act, 1908 (which
relate to public recreation grounds...), shall apply as if they were
herein re-enacted and in terms made applicable to this Act.

TELEGRAPH (CONSTRUCTION) ACT 1916 - SECT 4
Restriction on power of entry for construction and maintenance.

4. Before entering on land or buildings for the purpose of the
construction or maintenance of any telegraphic line the [Post Office]
shall, except in case of emergency, endeavour to make an arrangement
with the occupier of the land as to the times of entry for such
purpose, and if any difference arises between the [Post Office] and
the occupier it shall be determined in manner aforesaid.

TELEGRAPH (CONSTRUCTION) ACT 1916 - SECT 5
Interpretation, notices, and short title.

5.(1) In this Act any expressions to which a special meaning is
attached under the Telegraph Acts, 1863 to 1915, or any of them,
shall have the same respective meanings in this Act.

(2) Section twelve of the Telegraph Act, 1878 (which relates to the
printing, authentication and service of notices and other documents),
shall apply, for the purposes of this Act, as it applies for the
purposes of that Act.

Subs.(3) rep. by SLR 1927

(5) This Act may be cited as the Telegraph (Construction) Act,
1916, and may be cited with the Telegraph Acts, 1863 to 1915.

Schedule rep. by SLR 1927