TELEGRAPH (CONSTRUCTION) ACT 1911 TELEGRAPH (CONSTRUCTION) ACT 1911 - LONG TITLE An Act to facilitate the construction and maintenance of Telegraphic Lines. [16th December 1911] Power to Post Office to place telegraphic lines across railways and canals. TELEGRAPH (CONSTRUCTION) ACT 1911 - SECT 1 1. Where the Postmaster General has constructed, or desires to construct, a telegraphic line along a street or public road or on, over, or under any land (including any buildings), and the said line crosses or is carried over, upon, or under, or it is, in his opinion, expedient that the said line shall cross, or be carried over, upon, or under, a railway or canal, the [Post Office] may enter upon that railway or canal for the purpose of maintaining or altering the said telegraphic line, if already constructed, or (as the case may be) for the purpose of placing the said telegraphic line thereon (either overhead or underground) and of maintaining or altering the same, and may remain for such reasonable time and execute and do all such works and things as may be necessary or convenient for the purposes aforesaid: Provided that (1)The powers conferred by this Act shall not apply to any portion of a telegraphic line where that portion is placed or intended to be placed along the course of a railway or canal for a greater distance than a quarter of a mile; and (2)In executing and doing any such works and things, the [Post Office] shall not interfere with the traffic along or user of the railway or canal, and shall enjoy the rights and powers aforesaid, subject to the following conditions: (a)The [Post Office] shall, not less than twenty-one days before [it] places any telegraphic line, give to the railway company or canal company a notice specifying the course and position and method of construction and attachment (if any) of the proposed telegraphic line, and any proposed means of protection where necessary, so far as regards the railway or canal, and, if within twenty-one days after such notice the company object to the proposals specified in the notice, a difference shall be deemed to have arisen between the [Post Office] and the company: (b)The [Post Office] shall not, under the powers of this Act, be entitled to make any attachment to or prejudicially affect any telegraphic line belonging to or maintained by the railway company or canal company: <(c)The [Post Office] shall be responsible for the proper maintenance of any telegraphic line constructed or maintained by [it] under the powers conferred by this Act: (d)The [Post Office] shall, upon receiving notice in writing from the railway company or canal company, remove or alter within a reasonable time, and to the reasonable satisfaction of the railway company or canal company, any telegraphic line of the [Post Office] constructed or maintained under the authority of this Act which shall interfere with the existing or any proposed works of the railway company or canal company or the traffic thereon: Provided that, if within twenty-one days after receipt of such notice the [Post Office] objects to the removal or alteration required by such notice, a difference shall be deemed to have arisen between the [Post Office] and the company: <(e)If any damage or injury be caused to the railway or canal by the placing, user, alteration, repair, or maintenance of the telegraphic line, the [Post Office] shall, at [its] own expense, make good such damage or injury, and shall indemnify the railway company or canal company against any damage or expense to which they may be put by reason of any such damage or injury: <(f)If the railway company or canal company shall incur any expense by or in consequence of the exercise by the [Post Office] of any powers conferred upon [it] by this Act, the [Post Office] shall from time to time pay to the company the amount of such expense. TELEGRAPH (CONSTRUCTION) ACT 1911 - SECT 2 Savings. 2.(1) Nothing in this Act shall take away or prejudicially affect the right or title of any railway company or canal company to any payment, privilege, or other consideration which the [Post Office] would have been liable to make or give if this Act had not passed, in respect of wayleave for telegraphs or in respect of the occupation of the railways or canals of the company by the [Post Office] for telegraphic purposes. But, notwithstanding anything contained in any Act, agreement, or award, the [Post Office] shall be under no liability to make any payment to any railway company or canal company in respect of any right or claim of the railway company or canal company to construct or maintain any telegraphic line which the [Post Office] is authorised by this Act to construct or maintain, or in respect of the waiver of any such right or claim of the railway company or canal company. (2) The powers conferred by this Act shall be in addition to and shall not derogate from any powers conferred upon the [Post Office] by the Telegraph Acts, 1863 to 1909. S.3 rep. by 1949 c.11 s.8 sch. TELEGRAPH (CONSTRUCTION) ACT 1911 - SECT 6 Extent of Act. 6.(1) This Act shall apply only to railways and canals across which the [Post Office] has a right of way or wayleave for [its] telegraphic lines: (a)Under the Telegraph Acts, 1868 and 1869, or any agreement or award confirmed thereby or made under the provisions thereof, or (b)(In the case of railways referred to in the first proviso to section six of the Telegraph Act, 1878) under the Telegraph Act, 1878. TELEGRAPH (CONSTRUCTION) ACT 1911 - SECT 7 Interpretation and notices. 7.(1) In this Act The expressions "telegraphic line," "alteration," and "altering" have the same meaning as in the Telegraph Act, 1878; The expressions "street," "public road," "railway," "canal," and "land" have the same meaning as in the Telegraph Act, 1863, as amended by the Telegraph Act, 1892; The expressions "railway company" and "canal company" respectively include the proprietors or lessees, or the directors or persons having the control of a railway or canal. (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. TELEGRAPH (CONSTRUCTION) ACT 1911 - SECT 8 Short title. 8. This Act may be cited as the Telegraph (Construction) Act, 1911, and may be cited with the Telegraph Acts, 1863 to 1911.