(1)Subject to the provisions of this section, nothing in this Part of this Act shall authorise [F1Scottish Water] to carry out works which will interfere with the carrying on of a statutory undertaking [F2or the running of [F3an electronic communications code network]without the consent of the statutory undertakers concerned or, as the case may be, of the operator of [F4that network].]
(2)Consent under the foregoing subsection shall not be unreasonably withheld, and if any question arises as to whether or not consent is unreasonably withheld or as to what conditions, including payment of compensation, should be attached to the consent, either party may require that it shall be referred to a single arbiter to be appointed, in default of agreement, by the President of the Institution of Civil Engineers, and the arbiter may, and, if so directed by the Court of Session, shall, state a case for the opinion of that Court on any question of law arising in the proceedings.
[F5(2A) The foregoing provisions of this section shall apply to a person constructing a sewer by virtue of having been authorised to do so under section 3A(1), as they would apply to [F1 Scottish Water ] constructing a sewer under section 3(1), of this Act. ]
(3)Nothing in this section shall be construed as limiting the powers of [F1Scottish Water] under section 41 below.
(4)In this section “statutory undertakers” and “statutory undertaking” have the meanings assigned to them by [F6section 275(1) of the M1Town and Country Planning (Scotland) Act 1972].
Textual Amendments
F1Words in s. 22(1)(2A)(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 2 (with s. 67); S.S.I. 2002/118, art. 2
F2Words substituted by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 4 para. 49
F3Words in s. 22(1) substituted (17.9.2003) by Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 1(1), Sch. 1 para. 7(a)
F4Words in s. 22(1) substituted (17.9.2003) by Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 1(1), Sch. 1 para. 7(b)
F5S. 22(2A) inserted (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(19)(b); S.I. 1994/2850, art. 3(c)(vi) (with art. 4)
F6Words substituted by Airports Authority Act 1975 (c. 78), Sch. 5 Pt. II para. 2
Modifications etc. (not altering text)
C1S. 22 extended by Post Office Act 1969 (c. 48), Sch. 4 para. 93(1)
S. 22 extended by Civil Aviation Act 1982 (c. 16, SIF 9), s. 19, Sch. 2 para. 4
S. 22 extended by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(1)(xxiii), Sch. 8 para. 33
S. 22 extended by Electricity Act 1989 (c. 29, SIF 44:1), s. 1(1)(xxi), Sch. 17 para. 33
S. 22 extended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(1)(xviii); S.I. 1996/218, art. 2
C2S. 22: power to modify conferred (4.1.1995) by 1994 c. 39, s. 182(2); S.I. 1994/2850, art. 3(a), Sch. 2 (with art. 4)
C3S. 22 modified (1.4.2001) by 2000 c. 38, s. 37, Sch. 5 para. 1(2)(n); S.I. 2001/869, art. 2
Marginal Citations