SCHEDULES

SCHEDULE 8Minor and consequential amendments

Part IV Amendments of other enactments

Telecommunications Act 1984 (c.12)

113

(1)

In Schedule 2 to the Telecommunications Act 1984 (the telecommunications code), paragraph 1 (interpretation) is amended as follows.

(2)

In sub-paragraph (1)—

(a)

in the definition of “maintainable highway”, in paragraph (a), for the words from the beginning to “1950” substitute “ in England and Wales, means a maintainable highway within the meaning of Part III of the New Roads and Street Works Act 1991 ”;

(b)

in the definition of “public road”, for “the Public Utilities Street Works Act 1950” substitute “ Part IV of the New Roads and Street Works Act 1991 ”;

(c)

in the definition of “road”, for “the meaning given by section 1(3) of the said Act of 1950” substitute “ the same meaning as in Part IV of the New Roads and Street Works Act 1991 ”;

(d)

in the definition of “street” for “the meaning given by section 1(3) of the said Act of 1950” substitute “ the same meaning as in Part III of the New Roads and Street Works Act 1991 ”.

(3)

Omit sub-paragraph (4) (which relates to the meaning of the expression “street”).

(4)

In sub-paragraph (5), for “the Public Utilities Street Works Act 1950” substitute “ Part III of the New Roads and Street Works Act 1991 ”.

114

In the same Schedule, in paragraph 2(8)(a) (construction of references to occupier of land)—

(a)

for “street” or, in Scotland, “road” in each place where it occurs substitute “ street or, in Scotland, road ”;

(b)

in sub-paragraph (ii), for the words from “as references” to the end substitute—“as references—

  • in England and Wales or Northern Ireland, to the street managers within the meaning of Part III of the New Roads and Street Works Act 1991 (which for this purpose shall be deemed to extend to Northern Ireland), and

  • in Scotland, to the road managers within the meaning of Part IV of that Act; and”.

115

(1)

In the same Schedule, paragraph 9 (street works) is amended as follows.

(2)

In sub-paragraph (1), after “over,” insert “ in, on, ”, and for “a street” or, in Scotland, “a road” substitute “ a street or, in Scotland, a road ”.

(3)

In sub-paragraph (2), for “in a street which is not a maintainable highway” or, in Scotland, “in a road which is not a public road” substitute “ in a street which is not a maintainable highway or, in Scotland, a road which is not a public road ”.

(4)

In sub-paragraph (3), for the words from “a special road” to the end substitute “ a special road within the meaning of the Roads (Northern Ireland) Order 1980 ”.