1(1)In this code, except in so far as the context otherwise requires—
“agriculture” and “agricultural”—
(a)in England and Wales, have the same meanings as in the M1Highways Act 1980;
(b)in Scotland, have the same meanings as in the M2Town and Country Planning (Scotland) Act 1972; and
(c)in Northern Ireland, have the same meanings as in the Agriculture Act (Northern Ireland) 1949;
“alter”, “alteration” and “altered” shall be construed in accordance with sub-paragraph (2) below;
“bridleway” and “footpath”—
(a)in England and Wales, have the same meanings as in the Highways Act 1980;
(b)in Scotland, have the same meanings as in Part III of the M3Countryside (Scotland) Act 1967; and
(c)in Northern Ireland, mean a way over which the public have, by virtue of the Access to the M4Countryside (Northern Ireland) Order 1983, a right of way on horseback and on foot, respectively;
“the court” means, without prejudice to any right of appeal conferred by virtue of paragraph 25 below or otherwise—
(a)in relation to England and Wales and Northern Ireland, the county court; and
(b)in relation to Scotland, the sheriff;
“emergency works”, in relation to the operator or a relevant undertaker for the purposes of paragraph 23 below, means works the execution of which at the time it is proposed to execute them is requisite in order to put an end to, or prevent, the arising of circumstances then existing or imminent which are likely to cause—
(a)danger to persons or property,
(b)the interruption of any service provided by the operator’s system or, as the case may be, interference with the exercise of any functions conferred or imposed on the undertaker by or under any enactment; or
(c)substantial loss to the operator or, as the case may be, the undertaker,
and such other works as in all the circumstances it is reasonable to execute with those works;
“line” shall be construed in accordance with the definition in this paragraph of telecommunication apparatus;
“maintainable highway”—
(a)[F1in England and Wales, means a maintainable highway within the meaning of Part III of the New Roads and Street Works Act 1991] other than one which is a footpath or bridleway that crosses, and forms part of, any agricultural land or any land which is being brought into use for agriculture; and
(b)in Northern Ireland, means a highway maintainable by the Department of the Environment for Northern Ireland;
“the operator” means—
(a)where this code has effect by virtue of paragraph (a) of subsection (1) of section 10 of this Act, the person to whom this code is applied by the licence mentioned in that paragraph; and
(b)where this code has effect by virtue of paragraph (b) of that subsection, the Secretary of State or the Northern Ireland department in question;
“the operator’s system” means the telecommunication system the running of which is for the time being authorised by the licence mentioned in paragraph (a) of section 10(1) of this Act or, as the case may require, the telecommunication system which the Secretary of State or the Northern Ireland department in question is running or proposing to run;
“railway” includes a light railway;
“the statutory purposes” means the purposes of establishing and running the operator’s system;
“street” has [F2the same meaning as in Part III of the New Roads and Street Works Act 1991];
“structure” does not include a building;
“telecommunication apparatus” includes any apparatus falling within the definition in section 4(3) of this Act and any apparatus not so falling which is designed or adapted for use in connection with the running of a telecommunication system and, in particular—
(a)any line, that is to say, any wire, cable, tube, pipe or other similar thing (including its casing or coating) which is so designed or adapted; and
(b)any structure, pole or other thing in, on, by or from which any telecommunication apparatus is or may be installed, supported, carried or suspended;
and references to the installation of telecommunication apparatus shall be construed accordingly.
(2)In this code, references to the alteration of any apparatus include references to the moving, removal or replacement of the apparatus.
(3)In relation to any land which, otherwise than in connection with a street on that land, is divided horizontally into different parcels, the references in this code to a place over or under the land shall have effect in relation to each parcel as not including references to any place in a different parcel.
F3(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)For the purposes of the definition in this paragraph of “street”[F4Part III of the New Roads and Street Works Act 1991] shall be deemed to extend to Northern Ireland.
Extent Information
E1This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only
Textual Amendments
F1Words in Sch. 2 para. 1(1) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, SIF 108), s. 168(1), Sch. 8 Pt. IV para. 113(2)(a); S.I. 1992/2984, art. 2(2), Sch. 2; S.I. 1992/2990, art. 2(2), Sch. 2
F2Words in Sch. 2 para. 1(1) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, SIF 108), s. 168(1), Sch. 8 Pt. IV para. 113(2)(d); S.I. 1992/2984, art. 2(2), Sch. 2; S.I. 1992/2990, art. 2(2), Sch. 2
F3Sch. 2 para. 1(4) repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, SIF 108), s. 168(1)(2), Sch. 8 Pt. IV para. 113(3), Sch. 9; S.I. 1992/2984, art. 2(2), Sch. 2; S.I. 1992/2990, art. 2(2), Sch. 2
F4Words in Sch. 2 para. 1(5) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, SIF 108), s. 168(1), Sch. 8 Pt. IV para. 113(4); S.I. 1992/2984, art. 2(2), Sch. 2; S.I. 1992/2990, art. 2(2), Sch. 2
Modifications etc. (not altering text)
C7Definition of "telecommunication apparatus" in Sch. 2 para. 1 applied by Heathrow Express Railway Act 1991 (c. vii), ss. 16(5), 17(2)
C8Definition of "telecommunication apparatus" in Sch. 2 para. 1(1) applied (E.W.) (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 219(1), 223(2).
C9Definition of "telecommunication apparatus" in Sch. 2 para. 1 applied (14.7.1992) by New Roads and Street Works Act 1991 (c. 22, SIF 59, SIF 108), ss. 122(1), 170(1) Sch. 6 para. 7(4); S.I. 1992/1671, art. 2, Sch.
C10Sch. 2 para. 1(2) applied (E.W.S.) by Airports Act 1986 (c. 31, SIF 9), s. 62(6)
Sch. 2 para. 1(2) applied (24.4.1994) by S.I. 1994/426 (N.I. 1), art. 12(5)
Marginal Citations
1(1)In this code, except in so far as the context otherwise requires—
“agriculture” and “agricultural”—
(a)in England and Wales, have the same meanings as in the M5Highways Act 1980;
(b)in Scotland, have the same meanings as in the M6Town and Country Planning (Scotland) Act 1972; and
(c)in Northern Ireland, have the same meanings as in the Agriculture Act (Northern Ireland) 1949;
“alter”, “alteration” and “altered” shall be construed in accordance with sub-paragraph (2) below;
“bridleway” and “footpath”—
(a)in England and Wales, have the same meanings as in the Highways Act 1980;
(b)in Scotland, have the same meanings as in Part III of the M7Countryside (Scotland) Act 1967; and
(c)in Northern Ireland, mean a way over which the public have, by virtue of the Access to the M8Countryside (Northern Ireland) Order 1983, a right of way on horseback and on foot, respectively;
“the court” means, without prejudice to any right of appeal conferred by virtue of paragraph 25 below or otherwise—
(a)in relation to England and Wales and Northern Ireland, the county court; and
(b)in relation to Scotland, the sheriff;
“emergency works”, in relation to the operator or a relevant undertaker for the purposes of paragraph 23 below, means works the execution of which at the time it is proposed to execute them is requisite in order to put an end to, or prevent, the arising of circumstances then existing or imminent which are likely to cause—
(a)danger to persons or property,
(b)the interruption of any service provided by the operator’s system or, as the case may be, interference with the exercise of any functions conferred or imposed on the undertaker by or under any enactment; or
(c)substantial loss to the operator or, as the case may be, the undertaker,
and such other works as in all the circumstances it is reasonable to execute with those works;
“line” shall be construed in accordance with the definition in this paragraph of telecommunication apparatus;
F5. . .
“the operator” means—
(a)where this code has effect by virtue of paragraph (a) of subsection (1) of section 10 of this Act, the person to whom this code is applied by the licence mentioned in that paragraph; and
(b)where this code has effect by virtue of paragraph (b) of that subsection, the Secretary of State or the Northern Ireland department in question;
“the operator’s system” means the telecommunication system the running of which is for the time being authorised by the licence mentioned in paragraph (a) of section 10(1) of this Act or, as the case may require, the telecommunication system which the Secretary of State or the Northern Ireland department in question is running or proposing to run;
[F6“public road” means a public road within the meaning of [F7Part IV of the New Roads and Street Works Act 1991] other than one which is a footpath or a bridleway that crosses, and forms part of, any agricultural land or any land which is being brought into use for agriculture;]
“railway” includes a light railway;
[F6“road” has [F8the same meaning as in Part IV of the New Roads and Street Works Act 1991];]
“the statutory purposes” means the purposes of establishing and running the operator’s system;
F5. . .
“structure” does not include a building;
“telecommunication apparatus” includes any apparatus falling within the definition in section 4(3) of this Act and any apparatus not so falling which is designed or adapted for use in connection with the running of a telecommunication system and, in particular—
(a)any line, that is to say, any wire, cable, tube, pipe or other similar thing (including its casing or coating) which is so designed or adapted; and
(b)any structure, pole or other thing in, on, by or from which any telecommunication apparatus is or may be installed, supported, carried or suspended;
and references to the installation of telecommunication apparatus shall be construed accordingly.
(2)In this code, references to the alteration of any apparatus include references to the moving, removal or replacement of the apparatus.
(3)In relation to any land which, otherwise than in connection with a [F9road] on that land, is divided horizontally into different parcels, the references in this code to a place over or under the land shall have effect in relation to each parcel as not including references to any place in a different parcel.
F10(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Extent Information
E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only
Textual Amendments
F5Definitions of "maintainable highway" and "street" repealed (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 9 para. 92(4)(a) (i), Sch. 11
F6Definitions inserted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 9 para. 92(4)(a)(ii)
F7Words in Sch. 2 para. 1(1) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, SIF 108), s. 168(1), Sch. 8 Pt. IV para. 113(2)(b); S.I. 1992/2990, art. 2(2), Sch.2.
F8Words in Sch. 2 para. 1(1) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, SIF 108), s. 168(1), Sch. 8 Pt. IV para. 113(2)(c); S.I. 1992/2990, art. 2(2), Sch.2.
F9Word substituted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 92(4)(b)
F10Sch. 2 para. 1(4) repealed (1.1.1993 for E.W.S.) by New Roads and Street Works Act 1991 (c. 22, SIF 59, SIF 108), s. 168(1)(2), Sch. 8 Pt. IV para. 113(3), Sch.9; (E.W.) S.I. 1992/2984, art. 2(2), Sch.2; (S.) S.I. 1992/2990, art. 2(2), Sch.2.
F11Sch. 2 para. 1(5) repealed (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 9 para. 92(4)(d), Sch. 11
Modifications etc. (not altering text)
C9Definition of "telecommunication apparatus" in Sch. 2 para. 1 applied (14.7.1992) by New Roads and Street Works Act 1991 (c. 22, SIF 59, SIF 108), ss. 122(1), 170(1) Sch. 6 para. 7(4); S.I. 1992/1671, art. 2, Sch.
C11Definition of "telecommunication apparatus" in Sch. 2 para. 1 applied by Heathrow Express Railway Act 1991 (c. vii), ss. 16(5), 17(2)
C12Definition of "telecommunication apparatus" in Sch. 2 para. 1 applied (prosp.) by New Roads and Street Works Act 1991 (c. 22, SIF 59, SIF 108), ss. 122(1), 170(1) Sch. 6 para. 7(4).
C13Sch. 2 para. 1(2) applied (S.) by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 95, 335, Sch. 8 para. 11(4)
Sch. 2 para. 1(2) applied (24.4.1994) by S.I. 1994/426 (N.I. 1), art. 12(5)
Marginal Citations