§ (1) Subject to the provisions of this Section, and to the provisions of Subsection (4) of Section twenty-three of the Act of 1944 as applied by this Act, nothing in this Act or in any order or regulations, made thereunder shall affect any powers or duties of the Postmaster-General under the provisions of the Telegraph Acts, 1863 to 1943, or apply to any telegraphic lines placed or maintained by virtue of any of those provisions.
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(2) Where in pursuance of an order made by the Minister of Transport under Section forty-six of this Act any highway is stopped up or diverted and, immediately before the date on which the order became operative, there was under, in, upon, over, along or across the highway any telegraphic line belonging to or used by the Postmaster-General, the Postmaster-General shall have the same powers in respect of that line as if the order had not become operative:
Provided that if any person entitled to land over which the highway subsisted requires that the telegraphic line should be altered, paragraphs (i) to (8) of Section seven of the Telegraph 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 person so requiring the line to be altered.
§ (3) Where any order made under the said Section forty-six provides for the improvement of any highway, not being a trunk road, and, immediately before the date on which the order became operative, there was under, in, upon, over, along or across the highway any telegraphic line belonging to or used by the Postmaster-General, then if the local highway authority require that that line should be altered, paragraphs (i) to (8) of the said Section seven 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 local highway authority.
§ (4) In this Section the expressions "alter" and "telegraphic line" have the same meanings as in the Telegraph Act, 1878.—[Mr. Silkin.]
§ Brought up, and read the First time.
§ Mr. SilkinI beg to move, "That the Clause be read a Second time."
The object of the Clause is to exempt the Postmaster-General from the provisions of the Bill in the exercise of his 1341 powers in regard to telegraphs, and to give him certain safeguards under Clause 46.
§ Mr. W. S. MorrisonI cannot express any great indignation, from my experience of the office of Postmaster-General, at the object of the Minister's proposals. I am only surprised that the Clause makes such a tardy appearance. Postmasters-General have always been regarded as having dominion over roads and under the roads. We hope that the present Minister will be able to use the Clause to improve the telegraph and telephone service, and if he has time after that, the postal service as well.
§ Question put, and agreed to.
§ Clause read a Second time, and added to the Bill.