Telecommunications Act 1984

[F151(1)The Roads (Scotland) Act 1970 shall be amended in accordance with the following provisions of this paragraph.U.K.

(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.”.]

Textual Amendments

Marginal Citations