- Latest available (Revised)
- Point in Time (01/04/1996)
- Original (As enacted)
Version Superseded: 27/05/1997
Point in time view as at 01/04/1996.
Roads (Scotland) Act 1984, Part XII is up to date with all changes known to be in force on or before 08 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)Subject to the provisions of this section, nothing in this Act or in any scheme or enactment under or by virtue of this Act—
(a)shall affect any rights conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system or any duty of any such operator under that code; or
(b)applies to any telecommunication apparatus kept installed for the purposes of any such system.
(2)Where in pursuance of an order under this Act (or under an Act repealed by this Act) a road is (or was) stopped up or diverted and, immediately before that order comes (or came) into force, there is (or was) under, in, upon, over, along or across the road any telecommunications apparatus kept installed for the purposes of a telecommunications code system, the operator of that system shall have the same powers in respect of that apparatus as if the order had not come into force; but any person entitled to land over which the road subsisted may require the alteration of the apparatus.
(3)Where an order under this Act (or under an Act repealed by this Act) provides for the alteration of a road and, immediately before the date on which the order comes (or came) into force, there is (or was) under, in, upon, over, along, or across the road any telecommunication apparatus kept installed for the purposes of a telecommunications code system, the roads authority shall be entitled to require the alteration of the apparatus. This subsection does not have effect so far as it relates to the alteration of any telecommunication apparatus for the purpose of authority’s works as defined in [F1Part IV of the New Roads and Street Works Act 1991].
(4)Paragraph 1(2) of the telecommunications code (alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of subsections (1) to (3) above as it applies for the purposes of that code.
(5)Paragraph 21 of the telecommunications code (restriction on removal of telecommunication apparatus) shall apply in relation to any right conferred by this section to require the alteration, moving or replacement of any telecommunications apparatus as it applies in relation to a right to require the removal of such apparatus.
Textual Amendments
F1Words in s. 132(3) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 91; S.I. 1992/2990, art. 2(2), Sch. 2
Textual Amendments
F2S. 133 repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(2), Sch. 9; S.I. 1992/2990, art. 2(2), Sch. 2
(1)F3. . . section 219 of the M1Town and Country Planning (Scotland) Act 1972 (extinguishment of certain subsisting rights of statutory undertakers over land required under Part VI of that Act) shall apply—
(a)in relation to land acquired or appropriated by a special road authority for the purpose of carrying out works in pursuance of a scheme under section 7 or an order under section 9 of this Act; and
(b)in relation to land forming the site of any part of an existing road which is appropriated or transferred to a special road authority under this Act,
as it applies in relation to land acquired under the said Part VI; and sections 220 and 222 to 225 of the said Act of 1972 (which contain provisions consequential upon the extinguishment of any right under the said section 219) shall have effect accordingly.
(2)The provisions of the said Act of 1972 mentioned in subsection (1) above shall have effect, as applied for the purposes of this section, with the substitution for references therein to the purchasing authority of references to the special road authority.
(3)Where apparatus of statutory undertakers supplying electricity, gas, hydraulic power or water is removed in pursuance of a notice or order given or made under the said section 219 (as applied for the purpose of this section), any person who is the owner or occupier of premises to which a supply was given from that apparatus shall be entitled to recover from the special road authority expenditure for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given if that expenditure was reasonably incurred in consequence of the removal.
Textual Amendments
F3Words in s. 134(1) repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(2), Sch. 9; S.I. 1992/2990, art. 2(2), Sch. 2
Modifications etc. (not altering text)
C1S. 134(1)(2) modified by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 13(1), Sch. 4 para. 2
Marginal Citations
(1)[F4Section 134] of this Act (including the provisions of the M2Town and Country Planning (Scotland) Act 1972 applied by subsection (1) of the said section 134), shall, so far as applicable, apply in relation to the sewers and sewage disposal works of any [F5sewerage] authority as they apply in relation to the apparatus of statutory undertakers.
(2)In the said provisions of the said Act of 1972 applied for the purposes of this section, references to the appropriate Minister shall be construed, in relation to a [F6sewerage] authority, as references to the Secretary of State.
(3)Where a public sewer is removed in pursuance of a notice or order given or made under section 219 of the said Act of 1972 as applied for the purposes of this section, a person who is the owner or occupier of premises the drains of which communicated with that sewer, or the owner of a private sewer which communicated with that sewer, shall be entitled to recover from the special road authority expenditure for the purpose of
(a)linking his drain or sewer with—
(i)any other public sewer; or
(ii)a private sewage disposal plant; or
(b)constructing a private sewage disposal plant and linking his drain or sewer to that plant,
if that expenditure was reasonably incurred in consequence of the removal.
Textual Amendments
F4Words in s. 135(1) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 92; S.I. 1992/2990, art. 2(2), Sch. 2
F5Word in s. 135(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 135(8); S.I. 1996/323, art. 4(1)(c)
F6Word in s. 135(2) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 135(8); S.I. 1996/323, art. 4(1)(c)
Marginal Citations
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: