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Telecommunications Act 1984

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Changes over time for: Paragraph 9

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Version Superseded: 28/12/2017

Status:

Point in time view as at 25/07/2003.

Changes to legislation:

Telecommunications Act 1984, Paragraph 9 is up to date with all changes known to be in force on or before 30 October 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. Help about Changes to Legislation

9(1)The operator shall, for the statutory purposes, have the right to do any of the following things, that is to say—U.K.

(a)install [F1electronic communications apparatus], or keep [F1electronic communications apparatus] installed, under, over, [F2in, on,] along or across [F3a street or, in Scotland, a road];

(b)inspect, maintain, adjust, repair or alter any [F1electronic communications 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 [F3a street or, in Scotland, a road];

(ii)tunnelling or boring under [F3a street or, in Scotland, a road]; and

(iii)breaking up or opening a sewer, drain or tunnel;

F4. . .

(2)This paragraph has effect subject to [F5section 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 [F6in 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.

F7(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in Sch. 2 para. 9 substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 5(a) (with Sch. 18); 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))); S.I. 2003/3142, art. 3(2) (with art. 11)

F5Words in Sch. 3 para 9(2) repealed (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003, (c. 21), ss. 406, 408, 411, {Sch. 19(1)} (with Sch.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))); S.I. 2003/3142, art. 3(2) (with art. 11)

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