- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/04/2000)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 26/03/2001
Point in time view as at 01/04/2000.
Telecommunications Act 1984, Part VII is up to date with all changes known to be in force on or before 17 August 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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(1)The Secretary of State may, with the approval of the Treasury, make grants for the purpose of defraying or contributing towards—
(a)any expenses which may be incurred by any person in supporting research into or the development of apparatus to which this section applies; or
(b)any fees incurred by any person in respect of the exercise in relation to apparatus to which this section applies of any function conferred by or under section 22 above.
(2)This section applies to—
(a)telecommunication apparatus which is constructed for use by disabled persons;
(b)telecommunication apparatus which is so constructed as to be capable of being adapted for such use; and
(c)apparatus by means of which telecommunication apparatus falling within paragraph (b) above may be so adapted.
(3)In making a grant under this section, the Secretary of State may impose such conditions as he thinks fit and may, in particular, impose a condition requiring the repayment of all or any part of the grant—
(a)if any other condition is not complied with; or
(b)in such other circumstances as he may specify.
(4)There shall be paid out of money provided by Parliament any sums required by the Secretary of State for making grants under this section.
(5)Any sums received by the Secretary of State under subsection (3) above shall be paid into the Consolidated Fund.
(1)The Secretary of State may, after consultation with a person to whom this section applies, give to that person such directions of a general character as appear to the Secretary of State to be requisite or expedient in the interests of national security or relations with the government of a country or territory outside the United Kingdom.
(2)If it appears to the Secretary of State to be requisite or expedient to do so in the interests of national security or relations with the government of a country or territory outside the United Kingdom, he may, after consultation with a person to whom this section applies, give to that person a direction requiring him (according to the circumstances of the case) to do, or not to do, a particular thing specified in the direction.
(3)A person to whom this section applies shall give effect to any direction given to him by the Secretary of State under this section notwithstanding any other duty imposed on him by or under this Act.
(4)The Secretary of State shall lay before each House of Parliament a copy of every direction given under this section unless he is of opinion that disclosure of the direction is against the interests of national security or relations with the government of a country or territory outside the United Kingdom, or the commercial interests of any person.
(5)A person shall not disclose, or be required by virtue of any enactment or otherwise to disclose, anything done by virtue of this section if the Secretary of State has notified him that the Secretary of State is of the opinion that disclosure of that thing is against the interests of national security or relations with the government of a country or territory outside the United Kingdom, or the commercial interests of some other person.
(6)The Secretary of State may, with the approval of the Treasury, make grants to public telecommunications operators for the purpose of defraying or contributing towards any losses they may sustain by reason of compliance with the directions given under this section.
(7)There shall be paid out of money provided by Parliament any sums required by the Secretary of State for making grants under this section.
(8)This section applies to the Director and to any person who is a public telecommunications operator or approved contractor (whether in his capacity as such or otherwise); and in this subsection “approved contractor” means a person approved under section 20 above.
(1)Where in the circumstances mentioned in subsection (2) below the Secretary of State by order exercises any of the powers specified in Parts I and II of Schedule 8 to the 1973 Act [F1or section 10(2)(a) of the 1980 Act], the order may also provide for the revocation or modification of licences granted under section 7 above to such extent as may be requisite to give effect to or to take account of any provision made by the order.
(2)Subsection (1) above shall have effect where—
(a)the circumstances are as mentioned in section 56(1) of the 1973 Act (order on report on monopoly reference) and the monopoly situation exists in relation to a commercial activity connected with telecommunications; [F2or]
(b)the circumstances are as mentioned in section 73(1) of that Act (order on report on merger reference) and the two or more enterprises which ceased to be distinct enterprises were engaged in such an activity; F3. . .
F3(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)Expressions used in this section which are also used in the 1973 Act [F4. . .] have the same meanings as in that Act.
Textual Amendments
F1Words in s. 95(1) repealed (1.3.2000) by 1998 c. 41, ss. 54(3), 74(3), 76(3), Sch. 10 Pt. IV para. 9(6)(a), Sch. 14 Pt. I (with s. 73), S.I. 2000/344, Sch. art. 2
F2Word in s. 95(2) inserted (1.3.2000) by 1998 c. 41, ss. 54(3), 76(3), Sch. 10 Pt. IV para. 9(6)(b)(i) (with s. 73), S.I 2000/344, Sch. art. 2
F3S. 95(2)(c) and word “or” immediately preceding it repealed (1.3.2000) by 1998 c. 41, ss. 54(3), 74(3), 76(3), Sch. 10 Pt. IV para. 9(6)(b)(ii), Sch. 14 Pt. I (with s. 73), S.I. 2000/344, Sch. art. 2
F4Words in s. 95(3) repealed (1.3.2000) by 1998 c. 41, ss. 54(3), 74(3), 76(3), Sch. 10 Pt. IV para. 9(6)(c), Sch. 14 Pt. I (with s. 73), S.I. 2000/344, Sch. art. 2
Prospective
[F5(1)Subject to subsection (4) below, where any provision contained in a lease to which this section applies, or in any agreement made with respect to premises to which such a lease relates, has the effect of imposing on the lessee any prohibition or restriction with respect to any of the matters falling within subsection (3) below, that provision shall have effect in relation to things which are done—
(a)inside a building, or part of a building, occupied by the lessee under the lease, or
(b)for purposes connected with the provision to the lessee by any telecommunications operator of any telecommunication services,
as if the prohibition or restriction applied only where the lessor has not given his consent in relation to the matter in question and as if the lessor were required not to withhold that consent unreasonably.
(2)Where a provision of a lease or agreement imposes (whether by virtue of this section or otherwise) a requirement on the lessor under a lease not to withhold his consent unreasonably in relation to any matter falling within subsection (3) below, the question whether that consent is unreasonably withheld shall be determined having regard to all the circumstances and to the principle that no person should unreasonably be denied access to a telecommunication system.
(3)The matters falling within this subsection are—
(a)the running of relevant telecommunication systems;
(b)the connection of any telecommunication apparatus to a relevant telecommunication system or of relevant telecommunication systems to each other; and
(c)the installation, maintenance, adjustment, repair, alteration or use, for purposes connected with the running of a relevant telecommunication system, of any telecommunication apparatus.
(4)The Secretary of State may by order provide, in relation to such cases, prohibitions or restrictions as are specified in the order, or are of a description so specified, that subsection (1) above shall not apply.
(5)This section applies to any lease for a term of a year or more granted on or after the day on which this section comes into force; but the Secretary of State may by order provide that this section shall apply, subject to such transitional provisions as may be contained in the order, to leases granted before that day.
(6)This section is without prejudice to paragraph 2(3) of the telecommunications code.
(7)In this section—
“alteration” and “telecommunication apparatus” have the same meanings as in Schedule 2 to this Act;
“lease” includes any leasehold tenancy (whether in the nature of a head lease, sub-lease or under lease) and any agreement to grant such a tenancy, and cognate expressions, and references to the grant of a lease, shall be construed accordingly;
“relevant telecommunications system” means a public telecommunication system or a telecommunication system specified for the purposes of this section in an order made by the Secretary of State, or a telecommunication system which is, or is to be, connected to a public telecommunication system or to a system so specified.]
Textual Amendments
F5S. 96 repealed (25.7.2003 for specified purposes, otherwise prosp.) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3)))
(1)Subject to subsection (4) below, where any provision contained in a lease to which this section applies, or in any agreement made with respect to premises to which such a lease relates, has the effect of imposing on the lessee any prohibition or restriction with respect to any of the matters falling within subsection (3) below, that provision shall have effect in relation to things which are done—
(a)inside a building, or part of a building, occupied by the lessee under the lease, or
(b)for purposes connected with the provision to the lessee by any telecommunications operator of any telecommunication services,
as if the prohibition or restriction applied only where the lessor has not given his consent in relation to the matter in question and as if the lessor were required not to withhold that consent unreasonably.
(2)Where a provision of a lease or agreement imposes (whether by virtue of this section or otherwise) a requirement on the lessor under a lease not to withhold his consent unreasonably in relation to any matter falling within subsection (3) below, the question whether that consent is unreasonably withheld shall be determined having regard to all the circumstances and to the principle that no person should unreasonably be denied access to a telecommunication system.
(3)The matters falling within this subsection are—
(a)the running of relevant telecommunication systems;
(b)the connection of any telecommunication apparatus to a relevant telecommunication system or of relevant telecommunication systems to each other; and
(c)the installation, maintenance, adjustment, repair, alteration or use, for purposes connected with the running of a relevant telecommunication system, of any telecommunication apparatus.
(4)The Secretary of State may by order provide, in relation to such cases, prohibitions or restrictions as are specified in the order, or are of a description so specified, that subsection (1) above shall not apply.
(5)This section applies to any lease for a term of a year or more granted on or after the day on which this section comes into force; but the Secretary of State may by order provide that this section shall apply, subject to such transitional provisions as may be contained in the order, to leases granted before that day.
(6)This section is without prejudice to paragraph 2(3) of the telecommunications code.
(7)In this section—
“alteration” and “telecommunication apparatus” have the same meanings as in Schedule 2 to this Act;
“lease” includes any leasehold tenancy (whether in the nature of a head lease, sub-lease or under lease) and any agreement to grant such a tenancy, and cognate expressions, and references to the grant of a lease, shall be construed accordingly;
“relevant telecommunications system” means a public telecommunication system or a telecommunication system specified for the purposes of this section in an order made by the Secretary of State, or a telecommunication system which is, or is to be, connected to a public telecommunication system or to a system so specified.
(1)Where a local authority consider that it would be for the benefit of the whole or any part of their area that—
(a)any additional telecommunication facilities should be provided; or
(b)any existing telecommunication facilities should continue to be provided,
by a public telecommunications operator, whether within or outside the area to be benefited, the authority may undertake to pay to that operator any loss he may sustain by reason of the provision or continued provision of those facilities.
(2)In the application of this section to Scotland, nothing in subsection (1) above shall authorise the giving of an undertaking as respects the provision or continued provision of facilities outside the area to be benefited.
(3)In this section “local authority”—
(a)in relation to England F6. . ., means a county council, F7, a district council, a London borough council, the Common Council of the City of London [F8or], a parish council F9. . .;
[F10(aa)in relation to Wales, means a county council, a county borough council or a community council;]
(b)in relation to Scotland, means a [F11council constituted under section 2 of the Local Government etc. (Scotland) Act 1994];
(c)in relation to Northern Ireland, means a district council.
Textual Amendments
F6Words in s. 97(3)(a) repealed (1.4.1996) by 1994 c. 19, s. 66(6)(8), Sch. 16 para. 72(a), Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
F7Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102(2)(3), Sch. 17
F8Word in s. 97(3)(a) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 72(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
F9Words in s. 97(3)(a) repealed (1.4.1996) by 1994 c. 19, s. 66(6)(8), Sch. 16 para. 72(a), Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
F10S. 97(3)(aa) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 72(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
F11Words in s. 97(3)(b) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 133(2); S.I. 1996/323, art. 4(b)(c)
(1)The functions of an authority with control of a relevant conduit shall include the power—
(a)to carry out, or to authorise another person to carry out, any works in relation to that conduit for or in connection with the installation, maintenance, adjustment, repair or alteration of telecommunication apparatus;
(b)to keep telecommunication apparatus installed in that conduit or to authorise any other person to keep telecommunication apparatus so installed;
(c)to authorise any person to enter that conduit to inspect telecommunication apparatus kept installed there;
(d)to enter into agreements, on such terms (including terms as to the payments to be made to the authority) as it thinks fit, in connection with the doing of anything authorised by or under this section; and
(e)to carry on an ancillary business consisting in the making and carrying out of such agreements.
(2)Where any enactment or subordinate legislation expressly or impliedly imposes any limitation on the use to which a relevant conduit may be put, that limitation shall not have effect so as to prohibit the doing of anything authorised by or under this section.
(3)Where the doing by an authority with control of a public sewer of anything authorised by this section would, apart from this subsection, constitute a contravention of any obligation imposed (whether by virtue of any conveyance or agreement or otherwise) on the authority, the doing of that thing shall not constitute such a contravention to the extent that it consists in, or in authorising, the carrying out of works or inspections, or keeping of apparatus, wholly inside a public sewer.
(4)Subject to subsections (2) and (3) above, subsection (1) above is without prejudice to the rights of any person with an interest in land on, under or over which a relevant conduit is situated.
(5)Without prejudice to subsections (1) to (4) above, the Secretary of State may by order provide for any local Act under or in accordance with which any conduits (whether or not relevant conduits) are kept installed in streets to be amended in such manner as appears to him requisite or expedient for securing—
(a)that there is power for those conduits to be used for telecommunication purposes;
(b)that the terms (including terms as to payment) on which those conduits are used for those purposes are reasonable; and
(c)that the use of those conduits for those purposes is not unreasonably inhibited (whether directly or indirectly) by reason of the terms of any consent, licence or agreement which has been given, granted or made in relation to any of those conduits for the purposes of that Act.
(6)In this section “relevant conduit” means—
(a)any conduit which, whether or not it is itself an electric line, is maintained by an electricity authority for the purpose of enclosing, surrounding or supporting such a line, including where such a conduit is connected to any box, chamber or other structure (including a building) maintained by an electricity authority for purposes connected with the conveyance, transmission or distribution of electricity, that box, chamber or structure; or
(b)a water main or any other conduit maintained by a water authority for the purpose of conveying water from one place to another; or
(c)a public sewer; or
(d)a culvert which is a designated watercourse within the meaning of the M1Drainage (Northern Ireland) Order 1973.
(7)In this section a reference to the authority with control of a relevant conduit—
(a)in relation to a conduit or structure falling within paragraph (a) or (b) of subsection (6) above, shall be construed as a reference to the authority by whom the conduit or structure is maintained;
(b)in relation to a public sewer, shall be construed, subject to subsection (8) below, as a reference to the [F12 person] in whom the sewer is vested; and
(c)in relation to a culvert falling within paragraph (d) of subsection (6) above, shall be construed as a reference to the Department of Agriculture for Northern Ireland.
(8)Where—
(a)the functions of an authority with control of a public sewer are, in pursuance of any enactment, discharged on its behalf by [F13another person], and
(b)the [F14other person] is authorised by the authority with control of the sewer to act on its behalf for the purposes of the matters referred to in subsection (1) above,
this section shall have effect in relation to that sewer as if any reference to the authority with control of the sewer included, to such extent as may be necessary for the [F14other person] so to act, a reference to the [F14other person].
(9)In this section—
“alteration”, “ street” and “telecommunication apparatus” have the same meanings as in Schedule 2 to this Act;
“conduit” includes a tunnel or subway;
“electric line”—
“electricity authority” means [F17a person authorised by a licence under Part I of the Electricity Act 1989 to transmit or supply electricity] or [F18a person authorised by a licence under Part II of the Electricity (Northern Ireland) Order 1992 to transmit or supply electricity];
“public sewer”—
[F20“sewerage authority” shall be construed in accordance with section 62 of the Local Government etc. (Scotland) Act 1994;]
“subordinate legislation” means any subordinate legislation within the meaning of the Interpretation Act 1978 or any instrument, as defined in section 1 of the M4Interpretation Act (Northern Ireland) 1954;
“water authority”—
“water main”—
[F23in England and Wales, means a water main [F24or resource main within the meaning of the Water Industry Act 1991];]
in Scotland, means a main within the meaning of the M5Water (Scotland) Act 1980; and
in Northern Ireland, means a main within the meaning of the M6Water and Sewerage Services (Northern Ireland) Order 1973.
Extent Information
E1This version of this provision extends to England and Wales only; separate versions have been created for Scotland only and Northern Ireland only.
Textual Amendments
F12Word in s. 98(7)(b) substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)-(10), 190, 193(1), Sch. 25 para. 68(1)(a), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58
F13Words in s. 98(8)(a) substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)-(10), 190, 193(1), Sch. 25 paras. 68(1)(b)(i), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58
F14Words in s. 98(8) substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)-(10), 190, 193(1), Sch. 25 paras. 68(1)(b)(i), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58
F15Words in s. 98(9) substituted (E.W.S.) by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 29(2)(a), Sch. 17 paras. 33, 35(1)
F16Words in s. 98(9) substituted (N.I.) (1.4.1992) by S.I. 1992/231 (N.I. 1), art. 95(1), Sch. 12, para. 28(a); S.R. 1992/117, art. 3(1)
F17Words in s. 98(9) substituted (E.W.S.) by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 29(2)(b), Sch. 17 paras. 33, 35(1)
F18Words in s. 98(9) substituted (N.I.) (1.4.1992) by S.I. 1992/231 (N.I. 1), art. 95(1), Sch. 12 para. 28(b); S.R. 1992/117, art. 3(1)
F19Words in para. (b) in definition of "public sewer" in s. 98(9) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 133(3)(a); S.I. 1996/323, art. 4(b)(c)
F20Definition of "sewerage authority" in s. 98(9) inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 133(3)(b); S.I. 1996/323, art. 4(b)(c)
F21Para. (a) of definition of "water authority" in s. 98(9) substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 68(c)(i), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58
F22Words in para. (b) in definition of water authority in s. 98(9) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 133(3)(c); S.I. 1996/323, art. 4(b)(c)
F23Para. (a) of definition of "water main" in s. 98(9) substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)-(10), 190, 193(1), Sch. 25 para. 68(c)(ii), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58
F24Words in para. (a) in definition of 'water main' in s. 98(9) substituted (E.W.) (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2(1), 4(2), Sch. 1 para. 38(1)
Marginal Citations
(1)The functions of an authority with control of a relevant conduit shall include the power—
(a)to carry out, or to authorise another person to carry out, any works in relation to that conduit for or in connection with the installation, maintenance, adjustment, repair or alteration of telecommunication apparatus;
(b)to keep telecommunication apparatus installed in that conduit or to authorise any other person to keep telecommunication apparatus so installed;
(c)to authorise any person to enter that conduit to inspect telecommunication apparatus kept installed there;
(d)to enter into agreements, on such terms (including terms as to the payments to be made to the authority) as it thinks fit, in connection with the doing of anything authorised by or under this section; and
(e)to carry on an ancillary business consisting in the making and carrying out of such agreements.
(2)Where any enactment or subordinate legislation expressly or impliedly imposes any limitation on the use to which a relevant conduit may be put, that limitation shall not have effect so as to prohibit the doing of anything authorised by or under this section.
(3)Where the doing by an authority with control of a public sewer of anything authorised by this section would, apart from this subsection, constitute a contravention of any obligation imposed (whether by virtue of any conveyance or agreement or otherwise) on the authority, the doing of that thing shall not constitute such a contravention to the extent that it consists in, or in authorising, the carrying out of works or inspections, or keeping of apparatus, wholly inside a public sewer.
(4)Subject to subsections (2) and (3) above, subsection (1) above is without prejudice to the rights of any person with an interest in land on, under or over which a relevant conduit is situated.
(5)Without prejudice to subsections (1) to (4) above, the Secretary of State may by order provide for any local Act under or in accordance with which any conduits (whether or not relevant conduits) are kept installed in streets to be amended in such manner as appears to him requisite or expedient for securing—
(a)that there is power for those conduits to be used for telecommunication purposes;
(b)that the terms (including terms as to payment) on which those conduits are used for those purposes are reasonable; and
(c)that the use of those conduits for those purposes is not unreasonably inhibited (whether directly or indirectly) by reason of the terms of any consent, licence or agreement which has been given, granted or made in relation to any of those conduits for the purposes of that Act.
(6)In this section “relevant conduit” means—
(a)any conduit which, whether or not it is itself an electric line, is maintained by an electricity authority for the purpose of enclosing, surrounding or supporting such a line, including where such a conduit is connected to any box, chamber or other structure (including a building) maintained by an electricity authority for purposes connected with the conveyance, transmission or distribution of electricity, that box, chamber or structure; or
(b)a water main or any other conduit maintained by a water authority for the purpose of conveying water from one place to another; or
(c)a public sewer; or
(d)a culvert which is a designated watercourse within the meaning of the M13Drainage (Northern Ireland) Order 1973.
(7)In this section a reference to the authority with control of a relevant conduit—
(a)in relation to a conduit or structure falling within paragraph (a) or (b) of subsection (6) above, shall be construed as a reference to the authority by whom the conduit or structure is maintained;
(b)in relation to a public sewer, shall be construed, subject to subsection (8) below, as a reference to the authority in whom the sewer is vested; and
(c)in relation to a culvert falling within paragraph (d) of subsection (6) above, shall be construed as a reference to the Department of Agriculture for Northern Ireland.
(8)Where—
(a)the functions of an authority with control of a public sewer are, in pursuance of any enactment, discharged on its behalf by another authority , and
(b)the other authority is authorised by the authority with control of the sewer to act on its behalf for the purposes of the matters referred to in subsection (1) above,
this section shall have effect in relation to that sewer as if any reference to the authority with control of the sewer included, to such extent as may be necessary for the other authority so to act, a reference to the other authority .
(9)In this section—
“alteration”, “ street” and “telecommunication apparatus” have the same meanings as in Schedule 2 to this Act;
“conduit” includes a tunnel or subway;
“electric line”—
“electricity authority” means [F55a person authorised by a licence under Part I of the Electricity Act 1989 to transmit or supply electricity] or [F56a person authorised by a licence under Part II of the Electricity (Northern Ireland) Order 1992 to transmit or supply electricity];
“public sewer”—
[F20“sewerage authority” shall be construed in accordance with section 62 of the Local Government etc. (Scotland) Act 1994;]
“subordinate legislation” means any subordinate legislation within the meaning of the Interpretation Act 1978 or any instrument, as defined in section 1 of the M16Interpretation Act (Northern Ireland) 1954;
“water authority”—
“water main”—
[F23in England and Wales, means a water main [F24or resource main within the meaning of the Water Industry Act 1991];]
in Scotland, means a main within the meaning of the M17Water (Scotland) Act 1980; and
in Northern Ireland, means a main within the meaning of the M18Water and Sewerage Services (Northern Ireland) Order 1973.
Extent Information
E2This version of this provision extends to Northern Ireland only; separate versions have been created for England and Wales only and Scotland only.
Textual Amendments
F19Words in para. (b) in definition of "public sewer" in s. 98(9) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 133(3)(a); S.I. 1996/323, art. 4(b)(c)
F20Definition of "sewerage authority" in s. 98(9) inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 133(3)(b); S.I. 1996/323, art. 4(b)(c)
F22Words in para. (b) in definition of water authority in s. 98(9) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 133(3)(c); S.I. 1996/323, art. 4(b)(c)
F23Para. (a) of definition of "water main" in s. 98(9) substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)-(10), 190, 193(1), Sch. 25 para. 68(c)(ii), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58
F24Words in para. (a) in definition of 'water main' in s. 98(9) substituted (E.W.) (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2(1), 4(2), Sch. 1 para. 38(1)
F53Words in s. 98(9) substituted (E.W.S.) by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 29(2)(a), Sch. 17 paras. 33, 35(1)
F54Words in s. 98(9) substituted (N.I.) (1.4.1992) by S.I. 1992/231 (N.I. 1), art. 95(1), Sch. 12 para. 28(a); S.R. 1992/117, art. 3(1)
F55Words in s. 98(9) substituted (E.W.S.) by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 29(2)(b), Sch. 17 paras. 33, 35(1)
F56Words in s. 98(9) substituted (N.I.) (1.4.1992) by S.I. 1992/231 (N.I. 1), art. 95(1), Sch. 12 para. 28(b); S.R. 1992/117, art. 3(1)
F57Para. (a) of definition of "water authority" in s. 98(9) substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 68(c)(i), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58
Marginal Citations
(1)The functions of an authority with control of a relevant conduit shall include the power—
(a)to carry out, or to authorise another person to carry out, any works in relation to that conduit for or in connection with the installation, maintenance, adjustment, repair or alteration of telecommunication apparatus;
(b)to keep telecommunication apparatus installed in that conduit or to authorise any other person to keep telecommunication apparatus so installed;
(c)to authorise any person to enter that conduit to inspect telecommunication apparatus kept installed there;
(d)to enter into agreements, on such terms (including terms as to the payments to be made to the authority) as it thinks fit, in connection with the doing of anything authorised by or under this section; and
(e)to carry on an ancillary business consisting in the making and carrying out of such agreements.
(2)Where any enactment or subordinate legislation expressly or impliedly imposes any limitation on the use to which a relevant conduit may be put, that limitation shall not have effect so as to prohibit the doing of anything authorised by or under this section.
(3)Where the doing by an authority with control of a public sewer of anything authorised by this section would, apart from this subsection, constitute a contravention of any obligation imposed (whether by virtue of any conveyance or agreement or otherwise) on the authority, the doing of that thing shall not constitute such a contravention to the extent that it consists in, or in authorising, the carrying out of works or inspections, or keeping of apparatus, wholly inside a public sewer.
(4)Subject to subsections (2) and (3) above, subsection (1) above is without prejudice to the rights of any person with an interest in land on, under or over which a relevant conduit is situated.
(5)Without prejudice to subsections (1) to (4) above, the Secretary of State may by order provide for any local Act under or in accordance with which any conduits (whether or not relevant conduits) are kept installed in [F58roads] to be amended in such manner as appears to him requisite or expedient for securing—
(a)that there is power for those conduits to be used for telecommunication purposes;
(b)that the terms (including terms as to payment) on which those conduits are used for those purposes are reasonable; and
(c)that the use of those conduits for those purposes is not unreasonably inhibited (whether directly or indirectly) by reason of the terms of any consent, licence or agreement which has been given, granted or made in relation to any of those conduits for the purposes of that Act.
(6)In this section “relevant conduit” means—
(a)any conduit which, whether or not it is itself an electric line, is maintained by an electricity authority for the purpose of enclosing, surrounding or supporting such a line, including where such a conduit is connected to any box, chamber or other structure (including a building) maintained by an electricity authority for purposes connected with the conveyance, transmission or distribution of electricity, that box, chamber or structure; or
(b)a water main or any other conduit maintained by a water authority for the purpose of conveying water from one place to another; or
(c)a public sewer; or
(d)a culvert which is a designated watercourse within the meaning of the M19Drainage (Northern Ireland) Order 1973.
(7)In this section a reference to the authority with control of a relevant conduit—
(a)in relation to a conduit or structure falling within paragraph (a) or (b) of subsection (6) above, shall be construed as a reference to the authority by whom the conduit or structure is maintained;
(b)in relation to a public sewer, shall be construed, subject to subsection (8) below, as a reference to the person in whom the sewer is vested; and
(c)in relation to a culvert falling within paragraph (d) of subsection (6) above, shall be construed as a reference to the Department of Agriculture for Northern Ireland.
(8)Where—
(a)the functions of an authority with control of a public sewer are, in pursuance of any enactment, discharged on its behalf by another authority, and
(b)the other authority is authorised by the authority with control of the sewer to act on its behalf for the purposes of the matters referred to in subsection (1) above,
this section shall have effect in relation to that sewer as if any reference to the authority with control of the sewer included, to such extent as may be necessary for the other authority so to act, a reference to the other authority.
(9)In this section—
“alteration”, “ [F59road]” and “telecommunication apparatus” have the same meanings as in Schedule 2 to this Act;
“conduit” includes a tunnel or subway;
“electric line”—
“electricity authority” means [F62a person authorised by a licence under Part I of the Electricity Act 1989 to transmit or supply electricity] or [F63a person authorised by a licence under Part II of the Electricity (Northern Ireland) Order 1992 to transmit or supply electricity];
“public sewer”—
[F20“sewerage authority” shall be construed in accordance with section 62 of the Local Government etc. (Scotland) Act 1994;]
“subordinate legislation” means any subordinate legislation within the meaning of the Interpretation Act 1978 or any instrument, as defined in section 1 of the M22Interpretation Act (Northern Ireland) 1954;
“water authority”—
“water main”—
[F23in England and Wales, means a water main [F24or resource main within the meaning of the Water Industry Act 1991];]
in Scotland, means a main within the meaning of the M23Water (Scotland) Act 1980; and
in Northern Ireland, means a main within the meaning of the M24Water and Sewerage Services (Northern Ireland) Order 1973.
Extent Information
E3This version of this provision extends to Scotland only; separate versions have been created for England and Wales only and Northern Ireland only.
Textual Amendments
F19Words in para. (b) in definition of "public sewer" in s. 98(9) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 133(3)(a); S.I. 1996/323, art. 4(b)(c)
F20Definition of "sewerage authority" in s. 98(9) inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 133(3)(b); S.I. 1996/323, art. 4(b)(c)
F22Words in para. (b) in definition of water authority in s. 98(9) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 133(3)(c); S.I. 1996/323, art. 4(b)(c)
F23Para. (a) of definition of "water main" in s. 98(9) substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)-(10), 190, 193(1), Sch. 25 para. 68(c)(ii), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58
F24Words in para. (a) in definition of 'water main' in s. 98(9) substituted (E.W.) (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2(1), 4(2), Sch. 1 para. 38(1)
F58Word in s. 98(5) substituted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 92(3)(a)
F59Word in s. 98(9) substituted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 92(3)(b)
F60Words in s. 98(9) substituted (E.W.S.) by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 29(2)(a), Sch. 17 paras. 33, 35(1)
F61Words in s. 98 substituted (N.I.) (1.4.1992) by S.I. 1992/231 (N.I. 1), art. 95(1), Sch. 12, para. 28 (a); S.R. 1992/117, art. 3(1)
F62Words in s. 98(9) substituted (E.W.S.) by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 29(2)(b), Sch. 17 paras. 33, 35(1)
F63Words in s. 98(9) substituted (N.I.) (1.4.1992) by S.I. 1992/231 (N.I. 1), art. 95(1), Sch. 12 para. 28(b); S.R. 1992/117, art. 3(1)
F64Para. (a) of definition of "water authority" in s. 98(9) substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 68(c)(i), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58
Marginal Citations
(1)In section 7(1) of the M7Post Office Act 1969 (powers of the Post Office) after paragraph (b) there shall be inserted the following paragraph—
“(bb)to provide, in such parts of post offices as are open to the public (whether for the transaction of postal business or otherwise), such services provided by means of telecommunication systems as it thinks fit;”.
(2)In section 29(1) of that Act (exclusion of liability of Post Office etc. in relation to telepost services) paragraph (c) shall be omitted.
(3)In section 86(1) of that Act (interpretation of Part III), for the definitions of “telecommunication system" and “telepost services" there shall be substituted the following definitions—
“telecommunication system” has the meaning given by subsection (1) of section 4 of the Telecommunications Act 1984 (read with subsection (2) of that section);
“telepost service” means a service whereby the Post Office does all or any of the following things, namely—
(a)receives or collects in whatever form communications which are to be sent by means of a telecommunication system;
(b)sends or receives by means of such a system communications which have been received or collected, or are to be delivered, by it in whatever form; and
(c)delivers in whatever form communications which have been sent by means of such a system.
Marginal Citations
Textual Amendments
F25S. 100 repealed (6.9.1994) by Telecommunications Act 1984 (c. 12, SIF 96), ss. 109, 110(4), Sch. 7 Pt. III; S.I. 1994/2162, art. 2
(1)Subject to the following provisions of this section, no information with respect to any particular business which—
(a)has been obtained under or by virtue of the provisions of this Act; and
(b)relates to the private affairs of any individual or to any particular business,
shall during the lifetime of that individual or so long as that business continues to be carried on, be disclosed without the consent of that individual or the person for the time being carrying on that business.
(2)Subsection (1) above does not apply to any disclosure of information which is made—
(a)for the purpose of facilitating the performance of any functions assigned or transferred to the Secretary of State, the Director or the Commission by or under this Act;
(b)for the purpose of facilitating the performance of any functions of any Minister, any Northern Ireland department, the head of any such department, the Director General of Fair Trading [F26, the Commission][F27;the Director General of Water Services][F28the Director General of Electricity Supply][F29the Director General of Electricity Supply for Northern Ireland][F30or the Director General of Gas for Northern Ireland][F31the Rail Regulator] or a local weights and measures authority in Great Britain under any of the enactments [F32or subordinate legislation] specified in subsection (3) below;
[F33(bb) for the purpose of facilitating the carrying out by the Comptroller and Auditor General of any of his functions under any enactment;]
(c)in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings;
(d)for the purpose of any civil proceedings brought under or by virtue of this Act or any of the enactments [F32or subordinate legislation] specified in subsection (3) below; or
(e)in pursuance of a Community obligation.
(3)The enactments [F34and subordinate legislation] referred to in subsection (2) above are—
(a)the Trade Descriptions Act 1968;
(b)the 1973 Act;
(c)the Consumer Credit Act 1974;
F35(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f)the Estate Agents Act 1979; F36
(g)the 1980 Act.
[F37(h)the Consumer Protection Act 1987.]
[F38(i)the Consumer Protection (Northern Ireland) Order 1987.]
[F39(i)the Control of Misleading Advertisements Regulations 1988]
[F40(j)the Water Act 1989.]
[F41(k)the Electricity Act 1989.]
[F42(l)the Electricity (Northern Ireland) Order 1992.]
[F43(11)The Gas (Northern Ireland) Order 1996;]
[F44F45(m)the Railways Act 1993]
[F44(n)the Competition Act 1998]
(4)Nothing in subsection (1) above shall be construed—
(a)as limiting the matters which may be published under section [F4627C or] 48 above or may be included in, or made public as part of, a report of the Director or of the Commission under this Act; or
(b)as applying to any information which has been so published or has been made public as part of such a report.
(5)Any person who discloses any information in contravention of this section shall be guilty of an offence and liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum;
(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
[F47(6)Information obtained by the Director in the exercise of functions which are exercisable concurrently with the Director General of Fair Trading under Part I of the Competition Act 1998 is subject to sections 55 and 56 of that Act (disclosure) and not to subsections (1) to (5) of this section.]
Textual Amendments
F26Words in s. 101(2)(b) inserted (1.4.1999) by S.I. 1999/506, art. 18(b)
F27Words inserted (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 68(2)(a), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58
F28Words inserted (E.W.S.) by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 29(3)(a), Sch. 17 paras. 33, 35(1)
F29Words in s. 101(2)(b) inserted (1.4.1992) by S.I. 1992/231 (N.I. 1), art. 95(1), Sch. 12 para. 29(a); S.R. 1992/117, art. 3(1)
F30Words in s. 101(2)(b) inserted (10.6.1996) by S.I. 1996/275 (N.I. 2), Sch. 6 (with Sch. 7 paras. 2, 3(2)); S.R. 1996/216, art. 2 (with arts. 3, 4)
F31Words in s. 101(2)(b) inserted (6.1.1994) by 1993 c. 43, ss. 150(1)(o), 152(1), Sch. 12 para. 13(1); S.I. 1993/3237, art. 2(2).
F32Words inserted by S.I. 1988/915, reg. 7(6)(f)(i) for the purpose mentioned therein
F33S. 101(2)(bb) inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 56(6), Sch. 1 para. 3(a); Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt. I.
F34Words inserted by S.I. 1988/915, reg. 7(6)(f)(ii) for the purpose mentioned therein
F35S. 101(3)(d)(e) repealed (1.3.2000) by 1998 c. 41, s. 54(3), Sch. 10 Pt. IV para. 9(7)(a), Sch. 14 Pt. I (with s. 73); S.I. 2000/344, art. 2, Sch.
F37Paragraph (h) inserted by Consumer Protection Act 1987 (c. 43, SIF 109), ss. 41(2), 47(1)(2), 48, Sch. 4 para. 9(1)
F38Paragraph (i) inserted (1.3.1989) after para. (h) by S.I. 1987/2049 (N.I.20), arts. 1(5), 31(5), Sch. 3 para. 6
F39Words inserted (20.6.1988) by S.I. 1988/915, reg. 7(6)(f)(ii) for the purpose mentioned therein
F40Paragraph (j) inserted (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 68(2)(b), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58
F41Paragraph (k) inserted (E.W.S) by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 29(3)(b), Sch. 17 paras. 33, 35(1)
F42S. 101(3)(l) inserted (1.4.1992) by S.I. 1992/231 (N.I. 1), art. 95(1), Sch. 12 para. 29(b); S.R. 1992/117, art. 3 (1)
F43S. 101(3)(ll) inserted (10.6.1996) by S.I. 1996/275 (N.I. 2), art. 71(1), Sch. 6 (with Sch. 7 paras. 2, 3(2)); S.R. 1996/216, art. 2 (with arts. 3, 4)
F44S. 101(3)(n) inserted (11.1.1999) by 1998 c. 41, s. 54(3), Sch. 10 Pt. IV para. 9(7)(b) (with s. 73); S.I. 1998/3166, art. 2, Sch.
F45S. 101(3)(m) inserted (6.1.1994) by 1993 c. 43, ss. 150(1)(o), 152(1), 154(2), Sch. 12 para. 13(2); S.I. 1993/3237, art. 2(2).
F46Words in s. 101(4)(a) inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 56(6), Sch. 1 para. 3 (b); Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt. I.
F47S. 101(6) inserted (1.3.2000) by 1998 c. 41, s. 54(3), Sch. 10 Pt. IV para. 9(8) (with s. 73); S.I. 2000/344, art. 2, Sch.
Modifications etc. (not altering text)
C1S. 101(2): Disclosure powers extended (14.12.2001) by 2001 c. 24, ss. 17, 127, Sch. 4 Pt. I para. 23
(1)Where a body corporate is guilty of an offence under this Act and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(2)Where the affairs of a body corporate are managed by its members, subsection (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Modifications etc. (not altering text)
C2Pt. VI (ss. 74-92), ss. 102, 106(4)(5), 110(1), Sch. 3 and Sch. 7 Pt. IV extended (Guernsey) (with modifications) (1.6.1994) by S.I. 1994/1064, art. 3(1), Sch. Pt. I
Proceedings for any offence under this Act which is punishable on summary conviction may be commenced at any time within twelve months next after the commission of the offence.
(1)Any power of the Secretary of State to make an order or a scheme under this Act shall be exercisable by statutory instrument subject, except in the case of an order under section 2 [F4827L], 60(1) or (3), 69(2) or 110(5), or paragraph 1 of Schedule 5, to annulment in pursuance of a resolution of either House of Parliament.
(2)Any order or scheme under this Act may make different provision with respect to different cases or descriptions of case.
(3)This section does not apply to the power of the Secretary of State to make vesting orders under section 36 above.
Textual Amendments
F48Words in s. 104(1) inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 56(6), Sch. 1 para.4; Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt. I
There shall be paid out of money provided by Parliament any administrative expenses incurred by the Secretary of State in consequence of the provisions of this Act and any increase attributable to this Act in the sums payable out of money so provided under any other Act.
(1)In this Act, unless the context otherwise requires—
“the 1973 Act” means the Fair Trading Act 1973;
“the 1980 Act” means the Competition Act 1980;
“the 1981 Act” means the British Telecommunications Act 1981;
“the appointed day” has the meaning given by section 2 above;
“commercial activities connected with telecommunications” has the meaning given by section 4(3) above;
“the Commission” means the [F49the Competition Commission];
“consumer”, “monopoly situation”, “practice” and “supply” have the meanings given by section 137 of the 1973 Act;
“the Director” means the Director General of Telecommunications;
“directory information service” has the meaning given by section 4(3) above;
“disabled person” means any person who is blind, deaf or dumb or who is substantially and permanently handicapped by illness, injury, congenital deformity or any other disability and “disabled” shall be construed accordingly;
“the excepted liabilities” has the meaning given by section 60(2) above;
“modifications” includes additions, alterations and omissions and cognate expressions shall be construed accordingly;
“public telecommunications operator” has the meaning given by section 9(3) above;
“public telecommunication system” has the meaning given by section 9(1) above;
“the successor company” and “the transfer date” have the meanings given by section 60(1) above;
“telecommunication apparatus” (except where the extended definition in Schedule 2 to this Act applies) has the meaning given by section 4(3) above;
“telecommunication service” has the meaning given by section 4(3) above;
“telecommunications operator” has the meaning given by section 16(1) above;
“telecommunication system” has the meaning given by subsection (1) of section 4 above (read with subsection (2) of that section);
“transitional period” has the meaning given by section 69(1) above.
F50(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F50(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)Any power conferred on the Secretary of State by this Act to give a direction if it appears to him to be requisite or expedient to do so in the interests of national security or relations with the government of a country or territory outside the United Kingdom includes power to give the direction if it appears to him to be requisite or expedient to do so in order—
(a)to discharge, or facilitate the discharge of, an obligation binding on Her Majesty’s Government in the United Kingdom by virtue of it being a member of an international organisation or a party to an international agreement;
(b)to attain, or facilitate the attainment of, any other objects the attainment of which is, in the Secretary of State’s opinion, requisite or expedient in view of Her Majesty’s Government in the United Kingdom being a member of such an organisation or a party to such an agreement; or
(c)to enable Her Majesty’s Government in the United Kingdom to become a member of such an organisation or a party to such an agreement.
(5)For the purposes of any licence granted, approval given or order made under this Act any description or class may be framed by reference to any circumstances whatsoever.
Textual Amendments
F49S. 106(1): words in the definition of “the Commission” substituted (1.4.1999) by S.I. 1999/506, art. 18(a)
F50S. 106(2)(3) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV Group 2.
Modifications etc. (not altering text)
C3Pt. VI (ss. 74-92), ss. 102, 106(4)(5), 110(1), Sch. 3 and Sch. 7 Pt. IV extended (Guernsey) (with modifications) (1.6.1994) by S.I. 1994/1064, art. 3(1), Sch. Pt. I
(1)An Order in Council under [F51section 11 of the Petroleum Act 1998] (application of civil law) may make provision for treating for the purposes of this Act and subordinate legislation made under it—
(a)any installation in waters to which that section applies and with respect to which provision is made under that section; and
(b)any waters within five hundred metres of such an installation,
as if they were situated in such part of the United Kingdom as may be specified in the Order; and different provision may be so made for different purposes.
(2)In section 6 of the M8Continental Shelf Act 1964 (which makes, in relation to the M9Wireless Telegraphy Act 1949 and regulations made under it, provision corresponding to that made by subsection (1) above) for the words “an area or part" there shall be substituted the words “waters to which that section applies and".
[F52(3)In relation to any time before the coming into force of the said section 23, subsection (1) above shall have effect as if—
(a)for the words “section 23 of the Oil and Gas (Enterprise) Act 1982" there were substituted the words “section 3 of the Continental Shelf Act 1964"; and
(b)for the words “waters to which that section applies and" there were substituted the words “an area or part".]
(4)In this section—
“installation” includes any floating structure or device maintained on a station by whatever means;
“subordinate legislation” has the same meaning as in the M10Interpretation Act 1978.
Textual Amendments
F51Words in s. 107(1) substituted (15.2.1999) by 1998 c. 17, s. 50, Sch. 4 para. 19(a) (with Sch. 3 para. 5(1)); S.I. 1999/161, art. 2
F52S. 107(3) repealed (15.2.1999) by 1998 c. 17, ss. 50, 51, Sch. 4 para. 19(b), Sch. 5 (with Sch. 3 para. 5(1)); S.I. 1999/161, art. 2
Marginal Citations
Her Majesty may by Order in Council direct that any of the provisions of this Act specified in the Order shall extend to the Isle of Man or any of the Channel Islands with such exceptions, adaptations and modifications as may be so specified.
Modifications etc. (not altering text)
C4S. 108 modified (8.2.2007) by The Wireless Telegraphy (Pre-Consolidation Amendments) Order 2006 (S.I. 2006/1391), arts. 1, 2, Sch. paras. 8, 9(d)
(1)The enactments mentioned in Schedule 4 to this Act shall have effect subject to the amendments there specified (being minor amendments or amendments consequential on the preceding provisions of this Act).
(2)The Secretary of State may by order make such consequential modifications of any provision contained in any Act (whether public general or local) passed, or subordinate legislation made, before the coming into force of the relevant provision of this Act as appear to him necessary or expedient in respect of—
(a)any reference in that Act or subordinate legislation to British Telecommunications;
(b)any reference in that Act or subordinate legislation to an enactment contained in the Telegraph Acts 1863 to 1916; or
(c)any use in that Act or subordinate legislation of terminology used in the Telegraph Acts 1863 to 1916 but not in the telecommunications code contained in Schedule 2 to this Act.
(3)The Secretary of State may by order—
(a)repeal or amend any enactment in a local Act which appears to him to be unnecessary having regard to the provisions of this Act or to be inconsistent with any provision of this Act; or
(b)repeal any enactment in a local telegraph Act which appears to him to be spent or no longer of practical utility.
(4)The general transitional provisions and savings contained in Schedule 5 to this Act and the special transitional provisions with respect to patents for inventions and registered designs contained in Schedule 6 to this Act shall have effect; but those provisions and savings are without prejudice to sections 16 and 17 of the M11Interpretation Act 1978 (effect of repeals).
(5)If it appears to the Secretary of State requisite or expedient to do so in order to secure that telecommunication services provided before the appointed day by means of any existing apparatus continue to be available after the appointed day, he may by order make provision with respect to the terms on which existing apparatus is kept installed on any premises; and such an order may, in particular—
(a)provide for the terms of agreements in pursuance of which existing apparatus is kept installed on any premises to have effect with such modifications as may be specified in the order;
(b)impose obligations in relation to existing apparatus on persons who own or use such apparatus or who own interests in, or occupy, premises where such apparatus is kept installed; and
(c)provide, for the purposes of any provision contained in such an order by virtue of paragraph (a) or (b) above, for such questions arising under the order as are specified in the order, or are of a description so specified, to be referred to, and determined by, the Director.
(6)The enactments mentioned in Schedule 7 to this Act (which include some that are spent or no longer of practical utility) are hereby repealed to the extent specified in the third column of that Schedule.
(7)In this section—
“existing apparatus” means any telecommunication apparatus (within the meaning of Schedule 2 to this Act) which—
was installed on any premises before the appointed day, and
cannot, after the appointed day, be kept installed there by virtue of any right which is or may be conferred by or in accordance with the telecommunications code;
“local telegraph Act” means a local Act which incorporated a telegraph company or the Bill for which was promoted by such a company; and
“subordinate legislation” has the same meaning as in the M12Interpretation Act 1978.
Modifications etc. (not altering text)
C5Pt. VI (ss. 74-92), ss. 102, 106(4)(5), 109(6), 110(1), Sch. 3 and Sch. 7 Pt. IV extended (Guernsey) (with modifications) (1.6.1994) by S.I. 1994/1064, art. 3(1), Sch. Pt. I
Marginal Citations
(1)This Act may be cited as the Telecommunications Act 1984.
(2)The following provisions of this Act, namely—
sections 2 to 4;
Parts II to IV;
sections 93 to 95;
sections 97 to 99;
sections 101 to 103;
section 106;
section 109(1) and Schedule 4;
section 109(2), (3) and (7);
Part I of Schedule 5 and section 109(4) so far as relating to that Part; and
Part I of Schedule 7 and section 109(6) so far as relating to that Part,
shall come into force on the appointed day.
(3)The following provisions of this Act, namely—
Part V;
Part II of Schedule 5 and Schedule 6 and section 109(4) so far as relating to that Part and that Schedule; and
Part II of Schedule 7 and section 109(6) so far as relating to that Part,
shall come into force on the transfer date.
(4)Part III of Schedule 7 and section 109(6) so far as relating to that Part shall come into force on the dissolution of British Telecommunications.
(5)Subject to subsections (2) to (4) above, this Act shall come into force on such day as the Secretary of State may by order appoint; and different days may be so appointed for different provisions or for different purposes.
(6)This Act extends to Northern Ireland.
Subordinate Legislation Made
P1Power of appointment conferred by s. 110(2) fully exercised: 5.8.1985 appointed by S.I. 1984/876
P2Power of appointment conferred by s. 110(3) fully exercised: 6.8.1985 appointed by S.I. 1984/876
P3Power of appointment conferred by s. 110(4) fully exercised: British Telecommunications was dissolved on 6.9.1994 by The British Telecommunications (Dissolution) Order 1994 (S.I. 1994/2162)
P4Power of appointment conferred by s. 110(5) partly exercised: S.I. 1984/749, 876
Modifications etc. (not altering text)
C6Pt. VI (ss. 74-92), ss. 102, 106(4)(5), 110(1), Sch. 3 and Sch. 7 Pt. IV extended (Guernsey) (with modifications) (1.6.1994) by S.I. 1994/1064, art. 3(1), Sch. Pt. I
C7S. 110(1) extended (Jersey) (with modifications) (29.12.2003) by The Wireless Telegraphy (Jersey) Order 2003 (S.I. 2003/3196), art. 3(1), Sch. Pt. I (as amended (27.2.2004) by The Broadcasting and Communications (Jersey) Order 2004 (S.I. 2004/308), art. 6(1), Sch. 2 Pt. 1)
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