Version Superseded: 01/03/1996
Point in time view as at 27/08/1993. This version of this provision has been superseded.
Water (Scotland) Act 1980, Paragraph 36 is up to date with all changes known to be in force on or before 06 March 2025. 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.
36Subject to the provisions of the special Act with respect to the breaking open of [F1roads], the undertakers may, for the purpose of measuring the quantity of water supplied, or preventing and detecting waste, affix and maintain meters and other apparatus on their mains and service pipes, and may insert in any [F1road], but as near as is reasonably practicable to the boundary thereof, the necessary covers or boxes for giving access and protection thereto, and may for that purpose temporarily obstruct, break open, and interfere with [F1roads], tramways, sewers, pipes, wires and apparatus:
Provided that the undertakers shall not under the powers of this section interfere with—
[F2(a)any telecommunication apparatus kept installed for the purposes of a telecommunications code system, except in accordance with, and subject to the provisions of, the telecommunications code; or]
(b)any works or apparatus of any [F3public electricity supplier (within the meaning of Part I of the Electricity Act 1989) or any person authorised by a licence under that Part to generate or transmit electricity.], except in accordance with the provisions of [F4the code in Part II of the M1Public Utilities Street Works Act 1950][F4Part IV of the New Roads and Street Works Act 1991]; or
(c)any pipes or apparatus of any gas undertakers, except under the supervision (if given) of an authorised officer of those undertakers and in accordance with plans approved by them or by such officer or in case of any difference as determined by the sheriff.
Textual Amendments
F1Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 81(15)(d)
F2Para. (a) of the proviso substituted by Telecommunications Act 1984 (c. 12, SIF 96), ss. 2, 109, Sch. 4 para. 74(4)(5), Sch. 5 para. 45
F3Words substituted by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1), Sch. 16 para. 26(3)(b)
F4Words "Part IV of the New Roads and Street Works Act 1991" substituted (1.1.1993) for words from "the code" to the end of paragraph (b) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8, Pt. IV para. 108(8)(b); S.I. 1992/2990, art. 2(2), Sch. 2
Marginal Citations
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