SCHEDULES
C1C2C3C4SCHEDULE 4 Minor and Consequential Amendments
Definition of "telecommunications code system" in Sch. 4 para. 1(1) applied (E.W.) (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 178, 225(2), Sch. 22 para. 1(4)(c).
Definition of "telecommunications code system" in Sch. 4 para. 1(1) applied (E.W.) (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 183, 223(2), Sch. 13 para. 1(5)(c)
Definition of "telecommunications code system" in Sch. 4 applied by Strathclyde Regional Council Order Confirmation Act 1991 (c. xx, SIF 200), s. 1, Sch. Pt. IV s. 11(2).
The M2Roads (Scotland) Act 1970
F151
1
The Roads (Scotland) Act 1970 shall be amended in accordance with the following provisions of this paragraph.
2
In subsection (6) of section 7 (power to divert waters after consulting local authority and other bodies acting under statutory powers), at the end there shall be inserted the words “
; and in subsection (3) above the reference to a body acting under statutory powers includes a reference to the operator of a telecommunications code system (whether or not a body) acting in pursuance of any right conferred by or in accordance with the telecommunications code.
”
.
3
For subsection (3) of section 9 (which applies section 7 of the M1Telegraph Act 1878 to work authorised by a scheme made by a highway authority) there shall be substituted the following subsections:—
3
Paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply, for the purposes of any works authorised by a scheme made by a highway authority under this section, to the person authorised to do the works.
4
Sub-paragraph (8) of paragraph 23 of the telecommunications code (offence) shall be deemed to be omitted for the purposes of the application by this section of that paragraph to a highway authority in relation to a trunk road.
4
In section 50 (interpretation)—
a
in subsection (1), for the definition of statutory undertakers there shall be substituted the following definition:—
“statutory undertakers” means—
- a
any statutory undertakers as defined in section 275(1) of the Town and Country Planning (Scotland) Act 1972;
- b
the Post Office; and
- c
except in section 39(4) of this Act, the operator of any telecommunications code system;
b
after subsection (2) there shall be inserted the following subsection—
2A
Any reference in this Act to apparatus belonging to statutory undertakers shall, in relation to the operator of a telecommunications code system, have effect as a reference to telecommunication apparatus kept installed for the purposes of that system.
Definition of "telecommunications code system" in Sch. 4 applied by Heathrow Express Railway Act 1991 (c. vii), ss. 16(5), 17(2)