Section 27: Public operators entering premises

27. Public operators entering premises (1) A public operator shall, subject to subsection (2), have authority to— (a) enter any property for the purpose of exercising any of his powers under his licence; (b) establish any installation or apparatus on, over, under or across any land or road. (2) (a) Before entering on any private property pursuant to subsection (1), a public operator shall give not less than 4 days’ written notice of his intention to the owner or occupier, stating the reasons for which he proposes to do so. (b) Any person who receives a notice issued pursuant to paragraph (a) may apply to the Authority forthwith for a review of the decision specifying the grounds of his objection. (c) The Authority shall, after hearing the parties, determine every application under paragraph (b) within a reasonable delay. (3) Where any person suffers any prejudice caused to his property or interest in the property through the acts or omissions of a public operator, he may apply for compensation to the Authority. (4) The Authority shall, within 30 days, make an award on the claim for compensation and shall, within 7 days of the date of the award, communicate a copy to each of the parties. (5) Nothing in this section shall prevent a public operator from entering on any property to do whatever may be required to remove any tree, branch, hedge or any other object that is likely to cause danger to any installation or apparatus relating to services provided by him. (6) For the purpose of this section, establishing an information and communication installation or apparatus including telecommunication installation or apparatus shall include the setting up of poles, wires, stays or struts or other similar structure or any work performed either above or under the ground, in connection with the establishment, alteration, disconnection, modification or repair of the installation or apparatus. (7) The Authority may, at the request of the owner or occupier of a property over which a public operator has established an information and communication installation including telecommunication installation, require the public operator to alter, modify or divert the installation and the expenses thereby incurred shall be borne by the person making the request. (S. 27 came into operation on 1 June 2002.)