PART VII LAWFUL AND UNLAWFUL INTERFERENCE WITH ROADS

Structures, works, etc. on, in, under, over or near a road

General duty to consult Department concerning exercise of statutory power to erect structure on, in or under road

70.—(1) Where a statutory provision (other than this Order) passed or made before the coming into operation of this Article—

(a) confers power on any body or person to erect any structure on, in or under a road; and

(b) does not require that body or person to consult the Department concerning the exercise of that power,

that power shall not be exercisable after the coming into operation of this Article unless that body or person has consulted the Department concerning the exercise of that power.

(2) Nothing in paragraph (1) applies to anything done by—

(a) a statutory undertaker in the exercise of a statutory power;

(b) the operator of a telecommunications code system in pursuance of any right conferred by or in accordance with the telecommunications code; or

(c) the holder of a licence under Article 10(1) of the Electricity Order in pursuance of any right conferred by or in accordance with Schedule 4 to that Order.