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Roads (Scotland) Act 1984
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- UK Public General Acts
- 1984 c. 54
- Part XII
- Section 132
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Roads (Scotland) Act 1984, Section 132 is up to date with all changes known to be in force on or before 04 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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- s. 152(3)(3ZA) substituted for s. 152(3) by 2019 asp 17 s. 124(2)
132 Saving for operators of [F1electronic communications code networks] .S
(1)Subject to the provisions of this section, nothing in this Act or in any scheme or enactment under or by virtue of this Act—
(a)shall affect any rights conferred by or in accordance with [F2the electronic communications code] on the operator of [F3an electronic communications code network] or any duty of any such operator under that code; or
(b)applies to any [F4electronic communications apparatus] kept installed for the purposes of any such [F5network].
(2)Where in pursuance of an order under this Act (or under an Act repealed by this Act) a road is (or was) stopped up or diverted and, immediately before that order comes (or came) into force, there is (or was) under, in, upon, over, along or across the road any [F4electronic communications apparatus] kept installed for the purposes of [F3an electronic communications code network], the operator of that [F5network] shall have the same powers in respect of that apparatus as if the order had not come into force; but any person entitled to land over which the road subsisted may require the alteration of the apparatus.
(3)Where an order under this Act (or under an Act repealed by this Act) provides for the alteration of a road and, immediately before the date on which the order comes (or came) into force, there is (or was) under, in, upon, over, along, or across the road any [F4electronic communications apparatus] kept installed for the purposes of [F3an electronic communications code network], the roads authority shall be entitled to require the alteration of the apparatus. This subsection does not have effect so far as it relates to the alteration of any [F4electronic communications apparatus] for the purpose of authority’s works as defined in [F6Part IV of the New Roads and Street Works Act 1991].
(4)[F7Paragraph [F8108(2)] of Schedule 3A to the Communications Act 2003 (the electronic communications code)] (alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of subsections (1) to (3) above as it applies for the purposes of that code.
(5)[F9 Part 6 of the electronic communications code (rights to require removal of electronic communications apparatus)] shall apply in relation to any right conferred by this section to require the alteration, moving or replacement of any [F4electronic communications apparatus] as it applies in relation to a right to require the removal of such apparatus.
Textual Amendments
F1Words in s. 132 heading substituted (28.12.2017) by Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 3 para. 16(2); S.I. 2017/1286, reg. 2(d)
F2Words in s. 132 substituted (17.9.2003) by The Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 1(1), Sch. 1 para. 10(1)(d)(2)(a)
F3Words in s. 132 substituted (17.9.2003) by The Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 1(1), Sch. 1 para. 10(1)(d)(2)(c)
F4Words in s. 132 substituted (17.9.2003) by The Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 1(1), Sch. 1 para. 10(1)(d)(2)(b)
F5Word in s. 132 substituted (17.9.2003) by The Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 1(1), Sch. 1 para. 10(1)(d)(2)(d)
F6Words in s. 132(3) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 91; S.I. 1992/2990, art. 2(2), Sch. 2
F7Words in s. 132(4) substituted (28.12.2017) by Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 3 para. 16(3); S.I. 2017/1286, reg. 2(d)
F8Word in s. 132(4) substituted (immediately after Digital Economy Act 2017 (c. 30), Sch. 3 comes into force) by The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Primary Legislation) Regulations 2017 (S.I. 2017/1285), reg. 1(1)(2), Sch. 1 para. 4(2)
F9Words in s. 132(5) substituted (28.12.2017) by Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 3 para. 16(4); S.I. 2017/1286, reg. 2(d)
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