Part VII Miscellaneous and Supplemental

Miscellaneous

98 Use of certain conduits for telecommunication purposes.

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 F1electronic communications apparatus;

b

to keep F1electronic communications apparatus installed in that conduit or to authorise any other person to keep F1electronic communications apparatus so installed;

c

to authorise any person to enter that conduit to inspect F1electronic communications 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 F2streetsF2roads 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 F3the purposes of any electronic communications network or of any electronic communications service;

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 M1Drainage (Northern Ireland) Order F42006.

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 F5 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 F6another person, and

b

the F7other 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 F7other person so to act, a reference to the F7other person.

9

In this section—

  • “alteration”, “F8streetF8road” F9and “telecommunication apparatus” have the same meanings as in Schedule 2 to this Act;

  • “conduit” includes a tunnel or subway;

  • “electric line”—

    1. a

      in Great Britain, has the same meaning as in F10the Electricity Act 1989; and

    2. b

      in Northern Ireland, has the same meaning as in the F11Electricity (Northern Ireland) Order 1992;

  • “electricity authority” means F12a person authorised by a licence under Part I of the Electricity Act 1989 to F13supply or participate in the transmission of electricity or F14a person authorised by a licence under Part II of the Electricity (Northern Ireland) Order 1992 to transmit or supply electricity;

  • “public sewer”—

    1. a

      in England and Wales, has the same meaning as in the M2Public Health Act 1936;

    2. b

      in Scotland, means any sewer which is vested in F15Scottish Water; and

    3. c

      in Northern Ireland, means a sewer as defined in the M3Water and Sewerage Services (Northern Ireland) Order F42006;

  • F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “subordinate legislation” means any subordinate legislation within the meaning of the Interpretation Act 1978 or any instrument, as defined in section 1 of the M4Interpretation Act (Northern Ireland) 1954;

  • “water authority”—

    1. a

      F17in England and Wales, F24means the Environment Agency, the Natural Resources Body for Wales or a water undertaker;

    2. b

      in Scotland, F18means Scottish Water; and

    3. c

      in Northern Ireland, means the F19a water undertaker (within the meaning of the Water and Sewerage Services (Northern Ireland) Order 2006);

  • “water main”—

    1. a

      F20in England and Wales, means a water main F21or resource main within the meaning of the Water Industry Act 1991;

    2. b

      in Scotland, means a main within the meaning of the M5Water (Scotland) Act 1980; and

    3. c

      in Northern Ireland, means F22a water main or resource main within the meaning of the M6Water and Sewerage Services (Northern Ireland) Order F232006.