SCHEDULES

SCHEDULE 9Minor and Consequential Amendments

The Telecommunications Act 1984 (c.12)

92

(1)

The Telecommunications Act 1984 shall be amended in accordance with this paragraph.

(2)

In section 10(4)(b) (exceptions and conditions in licence under section 7), for the word " streets " there shall be substituted the word " roads " .

(3)

In section 98 (use of conduits for telecommunication purposes)—

(a)

in subsection (5), for the word " streets" there shall be substituted the word " roads " ; and

(b)

in subsection (9), for the word " street" there shall be substituted the word " road " .

(4)

In Schedule 2 (the Telecommunications Code)—

(a)

in paragraph 1(1)—

(i)

the definitions of " maintainable highway" and " street" shall cease to have effect;

(ii)

the following definitions shall be inserted in the appropriate place in alphabetical order—

“' public road' means a public road within the meaning of the Public Utilities Street Works Act 1950 other than one which is a footpath or a bridleway that crosses, and forms part of, any agricultural land or any land which is being brought into use for agriculture ;

' road' has the meaning given by section 1(3) of the said Act of 1950 ;”;

(b)

in paragraph 1(3), for the word " street" there shall be substituted the word " road " ;

(c)

in paragraph 1(4)—

(i)

for the word " street" where it first occurs there shall be substituted the word " road " ;

(ii)

for the words " street is a highway which " there shall be substituted the word " road " ;

(d)

paragraph 1(5) shall cease to have effect;

(e)

in paragraph 2(8)(a)—

(i)

for the word " street" in each place where it occurs there shall be substituted the word " road " ; and

(ii)

the words " (which for this purpose shall be deemed to extend to Northern Ireland)" shall cease to have effect;

(f)

in paragraph 3(5), for the word "street" there shall be substituted the word " road " ;

(g)

in paragraph 9(1), for the word " street" in the first, second and third places where it occurs there shall be substituted the word " road " ;

(h)

in paragraph 9(2)—

(i)

for the word " street" there shall be substituted the word " road " ; and

(ii)

for the words " maintainable highway " there shall be substituted the words " public road " ;

(i)

in paragraph 9(3), for the words " Special Roads Act 1949 " there shall be substituted the words " Roads (Scotland) Act 1984 " ;

(j)

in paragraph 19(1), for the word " street" there shall be substituted the word " road " ; and

(k)

in paragraph 21(10), for the word "street" there shall be substituted the word " road " .