New Roads and Street Works Act 1991

Telecommunications Act 1984 (c.12) U.K.

113 (1) In Schedule 2 to the Telecommunications Act 1984 (the telecommunications code), paragraph 1 (interpretation) is amended as follows. U.K.

(2) In sub-paragraph (1)—

(a) in the definition of “maintainable highway”, in paragraph (a), for the words from the beginning to “1950” substitute “ in England and Wales, means a maintainable highway within the meaning of Part III of the New Roads and Street Works Act 1991 ”;

(b) in the definition of “public road”, for “the Public Utilities Street Works Act 1950” substitute “ Part IV of the New Roads and Street Works Act 1991 ”;

(c) in the definition of “road”, for “the meaning given by section 1(3) of the said Act of 1950” substitute “ the same meaning as in Part IV of the New Roads and Street Works Act 1991 ”;

(d) in the definition of “street” for “the meaning given by section 1(3) of the said Act of 1950” substitute “ the same meaning as in Part III of the New Roads and Street Works Act 1991 ”.

(3) Omit sub-paragraph (4) (which relates to the meaning of the expression “street”).

(4) In sub-paragraph (5), for “the Public Utilities Street Works Act 1950” substitute “ Part III of the New Roads and Street Works Act 1991 ”.

Commencement Information

I1 Sch. 8 para. 113 partly in force at 1.1.1993 by s. 170 and (E.W.) by S.I. 1992/2984, art. 2(2), Sch. 2; (S.) by S.I. 1992/2990, art. 2(2), Sch. 2

114 U.K. In the same Schedule, in paragraph 2(8)(a) (construction of references to occupier of land)—

(a) for “street” or, in Scotland, “road” in each place where it occurs substitute “ street or, in Scotland, road ”;

(b) in sub-paragraph (ii), for the words from “as references” to the end substitute— “as references—

• in England and Wales or Northern Ireland, to the street managers within the meaning of Part III of the New Roads and Street Works Act 1991 (which for this purpose shall be deemed to extend to Northern Ireland), and

• in Scotland, to the road managers within the meaning of Part IV of that Act; and”.

Commencement Information

I2 Sch. 8 para. 114 partly in force at 1.1.1993 by s. 170 and (E.W.) by S.I. 1992/2984, art. 2(2), Sch. 2; (S.) by S.I. 1992/2990, art. 2(2), Sch. 2

115 (1) In the same Schedule, paragraph 9 (street works) is amended as follows. U.K.

(2) In sub-paragraph (1), after “over,” insert “ in, on, ”, and for “a street” or, in Scotland, “a road” substitute “ a street or, in Scotland, a road ”.

(3) In sub-paragraph (2), for “in a street which is not a maintainable highway” or, in Scotland, “in a road which is not a public road” substitute “ in a street which is not a maintainable highway or, in Scotland, a road which is not a public road ”.

F1 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 8 para. 115(4) repealed (18.11.2001) by S.I. 1995/3210 (N.I. 19) art. 60(2), Sch. 4; S.R. 2001/388, art. 2, Sch.

Commencement Information

I3 Sch. 8 para. 115 partly in force at 1.1.1993 by s. 170 and (E.W.) by S.I. 1992/2984, art. 2(2), Sch. 2; (S.) by S.I. 1992/2990, art. 2(2), Sch. 2