22Protection for installer and authorised officer if entry on land refused

22 Protection for installer and authorised officer if entry on land refused

(1)  In this section –

resulting damage means any harm or damage suffered by or done to any person or property, or to the supply of broadband telecommunications services to other premises, by reason only of the failure of the authorised officer to carry out cable work necessary to ensure the safety of persons and property, and the supply of broadband telecommunications services to other premises, as the result of the authorised officer leaving land as required by section 20 when refused or obstructed in entering or remaining on that land.

(2)  If an authorised officer leaves land as required by section 20 when refused or obstructed in entering or remaining on that land –

(a) no liability attaches to the installer for failing to remove a connection cable as required by this Act; and

(b) no liability attaches to the authorised officer or installer for any resulting damage unless –

(i) the authorised officer should reasonably have suspected that there was a risk to the safety of persons or property, or to the supply of broadband telecommunications services to other premises, as the result of unfinished cable work; and

(ii) the authorised officer failed to take all reasonable steps to warn the person who refused or obstructed the authorised officer in entering or remaining on the land that there was a risk to the safety of persons or property, or to the supply of broadband telecommunications services to other premises, if the authorised officer was not permitted to enter and remain on that land to carry out cable works for the purpose of ensuring the safety of persons, property or the supply of broadband telecommunications services to other premises.