SCHEDULES

SCHEDULE 17Minor and Consequential Amendments

Highways Act 1980

53

In section 35(11)(c) and (12) of the Highways Act 1980 (c. 66) (regulation of rights to maintain apparatus on walkways), for “telecommunications code systems” there shall be substituted “ electronic communications code networks ”.

54

In section 115D of that Act (limits on powers to restrict access to highways), for paragraph (d) there shall be substituted—

“(d)

as to prevent the operator of an electronic communications code network having access to any electronic communications apparatus kept installed for the purposes of that network under, in, on or over the highway.”

55

In section 142(5) of that Act (protection of telecommunications apparatus by conditions in licences to plant trees etc. in a highway), for “telecommunications code systems” there shall be substituted “ electronic communications code networks ”.

56

(1)

This paragraph applies to the following provisions of that Act—

(a)

the definition of “statutory undertakers” in section 144(6) (power to erect flagpoles etc. on highways);

(b)

the definition of “statutory undertakers” in section 169(4) (control of scaffolding on highways);

(c)

the definition of “statutory undertakers” in section 170(3) (control of mixing mortar etc. on highways);

(d)

section 177(4) and (12) (licence to build over highway not to interfere with telecommunications code systems);

(e)

section 178(5) (exceptions to restriction on placing rails etc. over highways);

(f)

section 329(4A) (interpretation);

(g)

section 334 (savings for operators of telecommunications code systems).

(2)

In the provisions to which this paragraph applies—

(a)

for “a telecommunications code system” and “any telecommunications code system”, wherever occurring, there shall be substituted “ an electronic communications code network ”;

(b)

for “the telecommunications code system” there shall be substituted “ the electronic communications code network ”;

(c)

for “telecommunication apparatus”, wherever occurring, there shall be substituted “ electronic communications apparatus ”;

(d)

for “telecommunications code”, wherever occurring (except in the expression “telecommunications code system”), there shall be substituted “ electronic communications code ”;

(e)

for “system”, wherever occurring (except in the expression “telecommunications code system”), there shall be substituted “ network ”.