Telecommunications Act 1984

98 Use of certain conduits for telecommunication purposes. E+W

(1) The functions of an authority with control of a relevant conduit shall include the power—

(a) to carry out, or to authorise another person to carry out, any works in relation to that conduit for or in connection with the installation, maintenance, adjustment, repair or alteration of telecommunication apparatus;

(b) to keep telecommunication apparatus installed in that conduit or to authorise any other person to keep telecommunication apparatus so installed;

(c) to authorise any person to enter that conduit to inspect telecommunication apparatus kept installed there;

(d) to enter into agreements, on such terms (including terms as to the payments to be made to the authority) as it thinks fit, in connection with the doing of anything authorised by or under this section; and

(e) to carry on an ancillary business consisting in the making and carrying out of such agreements.

(2) Where any enactment or subordinate legislation expressly or impliedly imposes any limitation on the use to which a relevant conduit may be put, that limitation shall not have effect so as to prohibit the doing of anything authorised by or under this section.

(3) Where the doing by an authority with control of a public sewer of anything authorised by this section would, apart from this subsection, constitute a contravention of any obligation imposed (whether by virtue of any conveyance or agreement or otherwise) on the authority, the doing of that thing shall not constitute such a contravention to the extent that it consists in, or in authorising, the carrying out of works or inspections, or keeping of apparatus, wholly inside a public sewer.

(4) Subject to subsections (2) and (3) above, subsection (1) above is without prejudice to the rights of any person with an interest in land on, under or over which a relevant conduit is situated.

(5) Without prejudice to subsections (1) to (4) above, the Secretary of State may by order provide for any local Act under or in accordance with which any conduits (whether or not relevant conduits) are kept installed in streets to be amended in such manner as appears to him requisite or expedient for securing—

(a) that there is power for those conduits to be used for telecommunication purposes;

(b) that the terms (including terms as to payment) on which those conduits are used for those purposes are reasonable; and

(c) that the use of those conduits for those purposes is not unreasonably inhibited (whether directly or indirectly) by reason of the terms of any consent, licence or agreement which has been given, granted or made in relation to any of those conduits for the purposes of that Act.

(6) In this section “relevant conduit” means—

(a) any conduit which, whether or not it is itself an electric line, is maintained by an electricity authority for the purpose of enclosing, surrounding or supporting such a line, including where such a conduit is connected to any box, chamber or other structure (including a building) maintained by an electricity authority for purposes connected with the conveyance, transmission or distribution of electricity, that box, chamber or structure; or

(b) a water main or any other conduit maintained by a water authority for the purpose of conveying water from one place to another; or

(c) a public sewer; or

(d) a culvert which is a designated watercourse within the meaning of the M1 Drainage (Northern Ireland) Order 1973.

(7) In this section a reference to the authority with control of a relevant conduit—

(a) in relation to a conduit or structure falling within paragraph (a) or (b) of subsection (6) above, shall be construed as a reference to the authority by whom the conduit or structure is maintained;

(b) in relation to a public sewer, shall be construed, subject to subsection (8) below, as a reference to the [F1 person] in whom the sewer is vested; and

(c) in relation to a culvert falling within paragraph (d) of subsection (6) above, shall be construed as a reference to the Department of Agriculture for Northern Ireland.

(8) Where—

(a) the functions of an authority with control of a public sewer are, in pursuance of any enactment, discharged on its behalf by [F2 another person], and

(b) the [F3 other person] is authorised by the authority with control of the sewer to act on its behalf for the purposes of the matters referred to in subsection (1) above,

this section shall have effect in relation to that sewer as if any reference to the authority with control of the sewer included, to such extent as may be necessary for the [F3 other person] so to act, a reference to the [F3 other person].

(9) In this section—

• “alteration”, “ street” and “telecommunication apparatus” have the same meanings as in Schedule 2 to this Act;

• “conduit” includes a tunnel or subway;

• “electric line”—

(a) in Great Britain, has the same meaning as in [F4 the Electricity Act 1989]; and

(b) in Northern Ireland, has the same meaning as in the [F5 Electricity (Northern Ireland) Order 1992];

• “electricity authority” means [F6 a person authorised by a licence under Part I of the Electricity Act 1989 to transmit or supply electricity] or [F7 a person authorised by a licence under Part II of the Electricity (Northern Ireland) Order 1992 to transmit or supply electricity];

• “public sewer”—

(a) in England and Wales, has the same meaning as in the M2 Public Health Act 1936;

(b) in Scotland, means any sewer which is vested in a regional or islands council; and

(c) in Northern Ireland, means a sewer as defined in the M3 Water and Sewerage Services (Northern Ireland) Order 1973;

• [F8 “sewerage authority” shall be construed in accordance with section 62 of the Local Government etc. (Scotland) Act 1994;

• “subordinate legislation” means any subordinate legislation within the meaning of the Interpretation Act 1978 or any instrument, as defined in section 1 of the M4 Interpretation Act (Northern Ireland) 1954;

• “water authority”—

[F9 (a) in England and Wales, means the National Rivers Authority or a water undertaker;]

(b) in Scotland, means a water authority or water development board within the meaning of the M5 Water (Scotland) Act 1980; and

(c) in Northern Ireland, means the Department of the Environment for Northern Ireland;

• “water main”—

[F10 (a) in England and Wales, means a water main [F11 or resource main within the meaning of the Water Industry Act 1991];]

(b) in Scotland, means a main within the meaning of the M6 Water (Scotland) Act 1980; and

(c) in Northern Ireland, means a main within the meaning of the M7 Water and Sewerage Services (Northern Ireland) Order 1973.]

Extent Information

E1 This version of this provision extends to England and Wales only; separate versions have been created for Scotland only and Northern Ireland only.

Textual Amendments

F1 Word in s. 98(7)(b) substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)-(10), 190, 193(1), Sch. 25 para. 68(1)(a), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F2 Words in s. 98(8)(a) substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)-(10), 190, 193(1), Sch. 25 paras. 68(1)(b)(i), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F3 Words in s. 98(8) substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)-(10), 190, 193(1), Sch. 25 paras. 68(1)(b)(i), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F4 Words in s. 98(9) substituted (E.W.S.) by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 29(2)(a), Sch. 17 paras. 33, 35(1)

F5 Words in s. 98(9) substituted (1.4.1992) by S.I. 1992/231 (N.I. 1), art. 95(1), Sch. 12, para. 28(a); S.R. 1992/117, art. 3(1)

F6 Words in s. 98(9) substituted (E.W.S.) by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 29(2)(b), Sch. 17 paras. 33, 35(1)

F7 Words in s. 98(9) substituted (1.4.1992) by S.I. 1992/231 (N.I. 1), art. 95(1), Sch. 12 para. 28(b); S.R. 1992/117, art. 3(1)

F8 Definition of "sewerage authority" in s. 98(9) inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 133(3)(b); S.I. 1996/323, art. 4(b)(c)

F9 Para. (a) of definition of "water authority" in s. 98(9) substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 68(c)(i), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F10 Para. (a) of definition of "water main" in s. 98(9) substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 68(c)(ii), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F11 Words in para. (a) in definition of 'water main' in s. 98(9) substituted (E.W.)(1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2(1), 4(2), Sch. 1 para. 38(1).

Marginal Citations

M1 S.I. 1973/69 (N.I. 1).

M2 1936 c. 49.

M3 S.I. 1973/70 (N.I. 2).

M4 1954 c. 33 (N.I.).

M5 1980 c. 45.

M6 1980 c. 45.

M7 S.I. 1973/70 (N.I. 2).

98 Use of certain conduits for telecommunication purposes. N.I.

(1) The functions of an authority with control of a relevant conduit shall include the power—

(a) to carry out, or to authorise another person to carry out, any works in relation to that conduit for or in connection with the installation, maintenance, adjustment, repair or alteration of telecommunication apparatus;

(b) to keep telecommunication apparatus installed in that conduit or to authorise any other person to keep telecommunication apparatus so installed;

(c) to authorise any person to enter that conduit to inspect telecommunication apparatus kept installed there;

(d) to enter into agreements, on such terms (including terms as to the payments to be made to the authority) as it thinks fit, in connection with the doing of anything authorised by or under this section; and

(e) to carry on an ancillary business consisting in the making and carrying out of such agreements.

(2) Where any enactment or subordinate legislation expressly or impliedly imposes any limitation on the use to which a relevant conduit may be put, that limitation shall not have effect so as to prohibit the doing of anything authorised by or under this section.

(3) Where the doing by an authority with control of a public sewer of anything authorised by this section would, apart from this subsection, constitute a contravention of any obligation imposed (whether by virtue of any conveyance or agreement or otherwise) on the authority, the doing of that thing shall not constitute such a contravention to the extent that it consists in, or in authorising, the carrying out of works or inspections, or keeping of apparatus, wholly inside a public sewer.

(4) Subject to subsections (2) and (3) above, subsection (1) above is without prejudice to the rights of any person with an interest in land on, under or over which a relevant conduit is situated.

(5) Without prejudice to subsections (1) to (4) above, the Secretary of State may by order provide for any local Act under or in accordance with which any conduits (whether or not relevant conduits) are kept installed in streets to be amended in such manner as appears to him requisite or expedient for securing—

(a) that there is power for those conduits to be used for telecommunication purposes;

(b) that the terms (including terms as to payment) on which those conduits are used for those purposes are reasonable; and

(c) that the use of those conduits for those purposes is not unreasonably inhibited (whether directly or indirectly) by reason of the terms of any consent, licence or agreement which has been given, granted or made in relation to any of those conduits for the purposes of that Act.

(6) In this section “relevant conduit” means—

(a) any conduit which, whether or not it is itself an electric line, is maintained by an electricity authority for the purpose of enclosing, surrounding or supporting such a line, including where such a conduit is connected to any box, chamber or other structure (including a building) maintained by an electricity authority for purposes connected with the conveyance, transmission or distribution of electricity, that box, chamber or structure; or

(b) a water main or any other conduit maintained by a water authority for the purpose of conveying water from one place to another; or

(c) a public sewer; or

(d) a culvert which is a designated watercourse within the meaning of the M8 Drainage (Northern Ireland) Order 1973.

(7) In this section a reference to the authority with control of a relevant conduit—

(a) in relation to a conduit or structure falling within paragraph (a) or (b) of subsection (6) above, shall be construed as a reference to the authority by whom the conduit or structure is maintained;

(b) in relation to a public sewer, shall be construed, subject to subsection (8) below, as a reference to the authority in whom the sewer is vested; and

(c) in relation to a culvert falling within paragraph (d) of subsection (6) above, shall be construed as a reference to the Department of Agriculture for Northern Ireland.

(8) Where—

(a) the functions of an authority with control of a public sewer are, in pursuance of any enactment, discharged on its behalf by another authority , and

(b) the other authority is authorised by the authority with control of the sewer to act on its behalf for the purposes of the matters referred to in subsection (1) above,

this section shall have effect in relation to that sewer as if any reference to the authority with control of the sewer included, to such extent as may be necessary for the other authority so to act, a reference to the other authority .

(9) In this section—

• “alteration”, “ street” and “telecommunication apparatus” have the same meanings as in Schedule 2 to this Act;

• “conduit” includes a tunnel or subway;

• “electric line”—

(a) in Great Britain, has the same meaning as in [F12 the Electricity Act 1989]; and

(b) in Northern Ireland, has the same meaning as in the [F13 Electricity (Northern Ireland) Order 1992];

• “electricity authority” means [F14 a person authorised by a licence under Part I of the Electricity Act 1989 to transmit or supply electricity] or [F15 a person authorised by a licence under Part II of the Electricity (Northern Ireland) Order 1992 to transmit or supply electricity];

• “public sewer”—

(a) in England and Wales, has the same meaning as in the M9 Public Health Act 1936;

(b) in Scotland, means any sewer which is vested in a regional or islands council; and

(c) in Northern Ireland, means a sewer as defined in the M10 Water and Sewerage Services (Northern Ireland) Order 1973;

• “subordinate legislation” means any subordinate legislation within the meaning of the Interpretation Act 1978 or any instrument, as defined in section 1 of the M11 Interpretation Act (Northern Ireland) 1954;

• “water authority”—

[F16 (a) in England and Wales, means the National Rivers Authority or a water undertaker;]

(b) in Scotland, means a water authority or water development board within the meaning of the M12 Water (Scotland) Act 1980; and

(c) in Northern Ireland, means the Department of the Environment for Northern Ireland;

• “water main”—

[F17 (a) in England and Wales, means a water main within the meaning of the Water Act 1989 or any resource main within the meaning of paragraph 1 of Schedule 19 to that Act;]

(b) in Scotland, means a main within the meaning of the M13 Water (Scotland) Act 1980; and

(c) in Northern Ireland, means a main within the meaning of the M14 Water and Sewerage Services (Northern Ireland) Order 1973.

Extent Information

E2 This version of this provision extends to Northern Ireland only; separate versions have been created for England and Wales only and Scotland only.

Textual Amendments

F12 Words in s. 98(9) substituted (E.W.S.) by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 29(2)(a), Sch. 17 paras. 33, 35(1)

F13 Words in s. 98(9) substituted (1.4.1992) by S.I. 1992/231 (N.I. 1), art. 95(1), Sch. 12 para. 28(a); S.R. 1992/117, art. 3(1)

F14 Words in s. 98(9) substituted (E.W.S.) by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 29(2)(b), Sch. 17 paras. 33, 35(1)

F15 Words in s. 98(9) substituted (1.4.1992) by S.I. 1992/231 (N.I. 1), art. 95(1), Sch. 12 para. 28(b); S.R. 1992/117, art. 3(1)

F16 Para. (a) of definition of "water authority" in s. 98(9) substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 68(c)(i), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F17 Para. (a) of definition of "water main" in s. 98(9) substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 68(c)(ii), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

Marginal Citations

M8 S.I. 1973/69 (N.I. 1).

M9 1936 c. 49.

M10 S.I. 1973/70 (N.I. 2).

M11 1954 c. 33 (N.I.).

M12 1980 c. 45.

M13 1980 c. 45.

M14 S.I. 1973/70 (N.I. 2).

98 Use of certain conduits for telecommunication purposes. S

(1) The functions of an authority with control of a relevant conduit shall include the power—

(a) to carry out, or to authorise another person to carry out, any works in relation to that conduit for or in connection with the installation, maintenance, adjustment, repair or alteration of telecommunication apparatus;

(b) to keep telecommunication apparatus installed in that conduit or to authorise any other person to keep telecommunication apparatus so installed;

(c) to authorise any person to enter that conduit to inspect telecommunication apparatus kept installed there;

(d) to enter into agreements, on such terms (including terms as to the payments to be made to the authority) as it thinks fit, in connection with the doing of anything authorised by or under this section; and

(e) to carry on an ancillary business consisting in the making and carrying out of such agreements.

(2) Where any enactment or subordinate legislation expressly or impliedly imposes any limitation on the use to which a relevant conduit may be put, that limitation shall not have effect so as to prohibit the doing of anything authorised by or under this section.

(3) Where the doing by an authority with control of a public sewer of anything authorised by this section would, apart from this subsection, constitute a contravention of any obligation imposed (whether by virtue of any conveyance or agreement or otherwise) on the authority, the doing of that thing shall not constitute such a contravention to the extent that it consists in, or in authorising, the carrying out of works or inspections, or keeping of apparatus, wholly inside a public sewer.

(4) Subject to subsections (2) and (3) above, subsection (1) above is without prejudice to the rights of any person with an interest in land on, under or over which a relevant conduit is situated.

(5) Without prejudice to subsections (1) to (4) above, the Secretary of State may by order provide for any local Act under or in accordance with which any conduits (whether or not relevant conduits) are kept installed in [F18 roads] to be amended in such manner as appears to him requisite or expedient for securing—

(a) that there is power for those conduits to be used for telecommunication purposes;

(b) that the terms (including terms as to payment) on which those conduits are used for those purposes are reasonable; and

(c) that the use of those conduits for those purposes is not unreasonably inhibited (whether directly or indirectly) by reason of the terms of any consent, licence or agreement which has been given, granted or made in relation to any of those conduits for the purposes of that Act.

(6) In this section “relevant conduit” means—

(a) any conduit which, whether or not it is itself an electric line, is maintained by an electricity authority for the purpose of enclosing, surrounding or supporting such a line, including where such a conduit is connected to any box, chamber or other structure (including a building) maintained by an electricity authority for purposes connected with the conveyance, transmission or distribution of electricity, that box, chamber or structure; or

(b) a water main or any other conduit maintained by a water authority for the purpose of conveying water from one place to another; or

(c) a public sewer; or

(d) a culvert which is a designated watercourse within the meaning of the M15 Drainage (Northern Ireland) Order 1973.

(7) In this section a reference to the authority with control of a relevant conduit—

(a) in relation to a conduit or structure falling within paragraph (a) or (b) of subsection (6) above, shall be construed as a reference to the authority by whom the conduit or structure is maintained;

(b) in relation to a public sewer, shall be construed, subject to subsection (8) below, as a reference to the person in whom the sewer is vested; and

(c) in relation to a culvert falling within paragraph (d) of subsection (6) above, shall be construed as a reference to the Department of Agriculture for Northern Ireland.

(8) Where—

(a) the functions of an authority with control of a public sewer are, in pursuance of any enactment, discharged on its behalf by another authority, and

(b) the other authority is authorised by the authority with control of the sewer to act on its behalf for the purposes of the matters referred to in subsection (1) above,

this section shall have effect in relation to that sewer as if any reference to the authority with control of the sewer included, to such extent as may be necessary for the [other person] so to act, a reference to the other authority.

(9) In this section—

• “alteration”, “ [F19 road]” and “telecommunication apparatus” have the same meanings as in Schedule 2 to this Act;

• “conduit” includes a tunnel or subway;

• “electric line”—

(a) in Great Britain, has the same meaning as in [F20 the Electricity Act 1989]; and

(b) in Northern Ireland, has the same meaning as in the [F21 Electricity (Northern Ireland) Order 1992];

• “electricity authority” means [F22 a person authorised by a licence under Part I of the Electricity Act 1989 to transmit or supply electricity] or [F23 a person authorised by a licence under Part II of the Electricity (Northern Ireland) Order 1992 to transmit or supply electricity];

• “public sewer”—

(a) in England and Wales, has the same meaning as in the M16 Public Health Act 1936;

(b) in Scotland, means any sewer which is vested in a regional or islands council; and

(c) in Northern Ireland, means a sewer as defined in the M17 Water and Sewerage Services (Northern Ireland) Order 1973;

• “subordinate legislation” means any subordinate legislation within the meaning of the Interpretation Act 1978 or any instrument, as defined in section 1 of the M18 Interpretation Act (Northern Ireland) M19 1954;

• “water authority”—

[F24 (a) in England and Wales, means the National Rivers Authority or a water undertaker;]

(b) in Scotland, means a water authority or water development board within the meaning of the M20 Water (Scotland) Act 1980; and

(c) in Northern Ireland, means the Department of the Environment for Northern Ireland;

• “water main”—

[F25 (a) in England and Wales, means a water main within the meaning of the Water Act 1989 or any resource main within the meaning of paragraph 1 of Schedule 19 to that Act;]

(b) in Scotland, means a main within the meaning of the M21 Water (Scotland) Act 1980; and

(c) in Northern Ireland, means a main within the meaning of the M22 Water and Sewerage Services (Northern Ireland) Order 1973.

Extent Information

E3 This version of this provision extends to Scotland only; separate versions have been created for England and Wales only and Northern Ireland only.

Textual Amendments

F18 Word in s. 98(5) substituted (S.) by Roads (Scotland) Act 1994 (c. 54, SIF 108), Sch. 9 para. 92(3)(a)

F19 Word in s. 98(9) substituted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 92(3)(b)

F20 Words in s. 98(9) substituted (E.W.S.) by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 29(2)(a), Sch. 17 paras. 33, 35(1)

F21 Words in s. 98 substituted (1.4.1992) by S.I. 1992/231 (N.I. 1), art. 95(1), Sch. 12, para. 28(a); S.R. 1992/117, art. 3(1)

F22 Words in s. 98(9) substituted (E.W.S.) by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 29(2)(b), Sch. 17 paras. 33, 35(1)

F23 Words in s. 98(9) substituted (1.4.1992) by S.I. 1992/231 (N.I. 1), art. 95(1), Sch. 12 para. 28(b); S.R. 1992/117, art. 3(1)

F24 Para. (a) of definition of "water authority" in s. 98(9) substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 68(c)(i), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F25 Para. (a) of definition of "water main" in s. 98(9) substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 68(c)(ii), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

Marginal Citations

M15 S.I. 1973/69 (N.I. 1).

M16 1936 c. 49.

M17 S.I. 1973/70 (N.I. 2).

M18 1954 c. 33 (N.I.).

M19 1954 c. 33 (N.I.).

M20 1980 c. 45.

M21 1980 c. 45.

M22 S.I. 1973/70 (N.I. 2).