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Telecommunications Act 1984, Paragraph 9 is up to date with all changes known to be in force on or before 18 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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9(1)The operator shall, for the statutory purposes, have the right to do any of the following things, that is to say—
(a)install telecommunication apparatus, or keep telecommunication apparatus installed, under, over, [F1in, on,] along or across [F2a street or, in Scotland, a road];
(b)inspect, maintain, adjust, repair or alter any telecommunication apparatus so installed; and
(c)execute any works requisite for or incidental to the purposes of any works falling within paragraph (a) or (b) above, including for those purposes the following kinds of works, that is to say—
(i)breaking up or opening [F2a street or, in Scotland, a road];
(ii)tunnelling or boring under [F2a street or, in Scotland, a road] ; and
(iii)breaking up or opening a sewer, drain or tunnel;
F3. . .
(2)This paragraph has effect subject to section 11(1) of this Act, paragraph 3 above and the following provisions of this code, and the rights conferred by this paragraph shall not be exercisable [F4in a street which is not a maintainable highway or, in Scotland, a road which is not a public road] without either the agreement required by paragraph 2 above or an order of the court under paragraph 5 above dispensing with the need for that agreement.
(3)The rights conferred by this paragraph shall not be exercisable on any land comprised in the route of [F5a special road within the meaning of the Roads (Northern Ireland) [F6Order 1993]].
Textual Amendments
F1Words in Sch. 2 para. 9(1) inserted (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. 115(2); S.I. 1992/2984, art. 2(2), Sch. 2; S.I. 1992/2990, art. 2(2), Sch. 2
F2Words in Sch. 2 para. 9(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. 115(2); S.I. 1992/2984, art. 2(2), Sch. 2; S.I. 1992/2990, art. 2(2), Sch. 2
F3Words in Sch. 2 para. 9(1) repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, SIF 108), s. 168(2), Sch. 9; S.I. 1992/2984, art. 2(2), Sch. 2; S.I. 1992/2990, art. 2(2),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. 9(2) 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. 115(3); S.I. 1992/2984, art. 2(2), Sch. 2; S.I. 1992/2990, art. 2(2), Sch. 2
F5Words in Sch. 2 para. 9(3) 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. 115(4); S.I. 1992/2984, art. 2(2), Sch. 2; S.I. 1992/2990, art. 2(2), Sch. 2
F6Words in Sch. 2 para. 9(3) substituted (N.I.) (17.2.1994) by S.I. 1993/3160 (N.I. 15), art. 134(2), Sch. 10
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