Roads (Scotland) Act 1984

19 (1) The Schedule to the Electric Lighting (Clauses) Act 1899 shall be amended in accordance with this paragraph.

(2) In section 1 (interpretation)—

(a) after the definition of " railway" there shall be inserted the following definitions—

• “The expression ' road' has the same meaning as in the Public Utilities Street Works Act 1950 except that the expression ' public road' has the same meaning as in the Roads (Scotland) Act 1984:

• The expression ' roads authority' has the same meaning as in the said Act of 1984:”; and

(b) in the definition of ' tramway', for the word ' street' there shall be substituted the word ' road '.

(3) In section 11 (additional provisions as to works), for the word " streets " there shall be substituted the word " roads " .

(4) In section 12 (powers for execution of works)—

(a) for the words " street or part of a street not repairable by the inhabitants at large " there shall be substituted the words " road which is not a public road " ;

(b) for the word " streets " there shall be substituted the word " roads " ; and

(c) for the word " street", where it last occurs, there shall be substituted the word " road " .

(5) In section 13(1) (street boxes) for the word " street", in both places where it occurs, there shall be substituted the word " road " .

(6) In section 14 (service of notice of works etc.)—

(a) in subsection (1)—

(i) at the beginning there shall be inserted the words " Subject to subsection (2) below, " ;

(ii) for the words " street or public bridge " there shall be substituted the words " road, or any bridge comprised in a road and over which there is a public right of passage, " ; and

(iii) in paragraph (a) for the word " street" there shall be substituted the word " road " ; and

(b) for subsection (2) there shall be substituted the following subsections—

“(2) Where the road (or bridge) in, under, along or across which the works are to be placed is a public road, subsection (1) above shall apply with the substitution—

(a) for any reference to a relevant telecommuncations operator of a reference to the operator of any telecommunications code system for the purposes of which any telecommunication apparatus is kept installed in, under, along or across that road (or bridge); and

(b) for any reference to a local authority of a reference to the roads authority ; except that where the roads authority is the Secretary of State—

(i) paragraph (c) of that subsection shall not apply in relation to amendments or conditions imposed by him or to disapproval by him ; and

(ii) paragraph (e) of that subsection shall apply as if the words " or by the Secretary of State " were omitted.

(3) Subject to subsection (2) above, in subsection (1) above " local authority" means the regional or islands council.”.

(7) In section 15 (exercise of powers of undertakers in relation to private streets, railways, tramways and canals)—

(a) for the words " street or part of a street not repairable by the local authority, including, where the area of supply is not wholly in a county borough, the county council" there shall be substituted the words " road which is not a public road " ;

(b) in paragraph (a), for the words " street or part of a street" there shall be substituted the word " road " ; and

(c) in paragraph (d), for the word " street" there shall be substituted the word " road " .

(8) In section 16 (notice of desire to break up streets, etc. on behalf of undertakers)—

(a) for the words " street or part of a street", in both places where they occur, there shall be substituted the word " road " ; and

(b) for the word " streets" there shall be substituted the word " roads " .

(9) In section 17 (alteration of wires, pipes, etc. under streets), for the word " street", wherever it occurs, there shall be substituted the word " road " .

(10) In section 21 (laying of mains, etc.)—

(a) in subsection (2), for the words " street or part of a street" there shall be substituted the word " road " ; and

(b) in subsection (3)—

(i) for the words " street not repairable by the local authority" there shall be substituted the words " road which is not a public road and " ; and

(ii) for the word " street", where it occurs for the second and third times, there shall in each case be substituted the word " road " .

(11) In section 22 (laying of electric line under special agreement)—

(a) for the words " local authority", where they first occur, there shall be substituted the words " roads authority (or, in the case of a road which is not a road within the meaning of the Roads (Scotland) Act 1984, the regional or islands council) " ;

(b) for the word " street", in both places where it occurs, there shall be substituted the word " road " ; and

(c) for the words " local authority ", where they occur for the second time, there shall be substituted the words " roads authority or council (as the case may be) " .

(12) In section 24 (manner in which requisition is to be made)—

(a) in subsection (1)—

(i) for the words " street or part of a street", wherever they occur, there shall be substituted the word " road " ;

(ii) for the words " the local authority have the control and management of the public lamps" there shall be substituted the words " a roads authority maintain under section 35 of the Roads (Scotland) Act 1984 the lighting " ; and

(ii) for the word " local", where it occurs for the second time, there shall be substituted the word " roads " ; and

(b) in each of subsections (2) and (3), for the word "local" there shall be substituted the word " roads " .

(13) In section 26 (provisions on requisition by local authority)—

(a) for the word " local", in both places where it occurs, there shall be substituted the word " roads " ; and

(b) for the words from "lighting" to the end there shall be substituted the words " the lighting maintained by them in the road in respect of which the requisition is made " .

(14) In section 77 (responsibility of undertakers for damages), for the word " street" there shall be substituted the word " road " .

(15) In the Appendix, in the words setting out section 12 of the [45 & 46 Vict. c. 56.] Electric Lighting Act 1882, after the words " North of Scotland District" there shall be added the words " and as if ' street' meant ' road ' as defined in this Act. " .