SCHEDULES

SCHEDULE 8Minor and consequential amendments

Part IV Amendments of other enactments

Electricity Act 1989 (c.29)

123

(1)

In Schedule 4 to the Electricity Act 1989 (powers of licence-holders), paragraph 1 (street works in England and Wales) is amended as follows.

(2)

In sub-paragraph (2) (consent required for placing of certain structures in the street), for the words from “exercisable only” to the end substitute “ exercisable only with the consent of the street authority; but such consent shall not be unreasonably withheld ”.

(3)

In sub-paragraph (4) (consent required in certain cases for breaking up or opening street)—

(a)

for “a street falling within paragraph (b) or (c) of sub-paragraph (2) above” substitute “ a street which is not a maintainable highway ”, and

(b)

for “the person mentioned in that paragraph” substitute “ the street authority ”.

(4)

For sub-paragraph (8) (savings) substitute—

“(8)

Nothing in sub-paragraph (1) above shall affect the application to any operation of sections 34 to 36 of the Coast Protection Act 1949.”.

(5)

For sub-paragraph (9) (interpretation) substitute—

“(9)

In this paragraph “maintainable highway”, “street” and “street authority” have the same meaning as in Part III of the New Roads and Street Works Act 1991.”.

124

(1)

In the same Schedule, paragraph 2 (road works in Scotland) is amended as follows.

(2)

In sub-paragraph (2) (consent required for placing of certain structures in the road), for the words from “exercisable only” to the end substitute “ exercisable only with the consent of the road works authority; but such consent shall not be unreasonably withheld ”.

(3)

In sub-paragraph (4) (consent required in certain cases for breaking up or opening road)—

(a)

for “a road or bridge falling within paragraph (b) or (c) of sub-paragraph (2) above” substitute “ a road which is not a public road ”, and

(b)

for “the person mentioned in that paragraph” substitute “ the road works authority ”.

(4)

For sub-paragraph (8) (savings) substitute—

“(8)

Nothing in sub-paragraph (1) above shall affect the application to any operation of sections 34 to 36 of the Coast Protection Act 1949.”.

(5)

For sub-paragraph (9) (interpretation) substitute—

“(9)

In this paragraph “public road”, “road” and “road works authority” have the same meaning as in Part IV of the New Roads and Street Works Act 1991.”.

125

In the same Schedule, in paragraph 12 (interpretation), omit the definitions of “navigation authority” and “railway authority”.