Telecommunications Act 1984

[F1 51 (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 M1 Telegraph 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

F1 Sch. 4 paras. 17, 19, 26 and 51 repealed (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11

Marginal Citations

M1 1878 c. 76.