(1)No person shall place a length of pipe-line above or beneath the surface of waters over which a harbour authority have jurisdiction except with the consent of the authority and subject to such (if any) reasonable conditions as they may impose for securing that the length does not constitute an obstruction or danger to navigation.
(2)Consent, for the purposes of this section, of a harbour authority shall not be unreasonably withheld, and if a dispute arises—
(a)whether consent, for those purposes, of such an authority is unreasonably withheld, or
(b)whether conditions imposed under this section by such an authority are reasonable,
it shall be referred to and determined by [F1the Secretary of State].
(3)A person who contravenes subsection (1) of this section shall be liable, on summary conviction, to a fine not exceeding [F2level 3 on the standard scale].
(4)In this section “harbour authority” has the same meaning as in [F3section 151 of the Merchant ShippingAct1995].
Textual Amendments
F1Words substituted by virtue of S.I. 1970/1537, Sch. 2 para. 6
F2Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G
F3Words in s. 39(4) substituted (1.1.1996) by virtue of 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 32 (with s. 312(1))
Modifications etc. (not altering text)
C1S. 39(2): transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)
S. 39(2): certain functions exercisable (30.6.1999) by S.I. 1999/1756, arts. 1, 2, Sch. para. 1 (with art. 8)
(1)Electrical apparatus forming part of a pipe-line shall be so constructed, installed and used as to prevent interference with any [F4[F5electronic communications apparatus] kept installed for the purposes of [F6an electronic communications code network] or with the service provided by any [F7such network]] or with any apparatus used by railway undertakers for the purpose of signalling, or of controlling, directing or securing the safety of, traffic on their railway or the proper functioning of such apparatus.
[F8(2)[F9Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code)] (which provides a procedure for certain cases where works involve the alteration of [F5electronic communications apparatus]) shall apply, for the purposes of works in pursuance of a compulsory rights order, to the person authorised to execute those works.]
Textual Amendments
F4Words substituted by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 4 para. 41(a), Sch. 5 para. 45
F5Words in s. 40 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 28(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
F6Words in s. 40 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 28(b) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
F7Words in s. 40 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 28(c) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
F8S. 40(2) substituted for s. 40(2)(3) by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 4 para. 41(b), Sch. 5 para. 45
F9Words in s. 40(2) substituted (28.12.2017) by Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 3 para. 7; S.I. 2017/1286, reg. 2(d)
Modifications etc. (not altering text)
C2S. 40(2) applied (30.4.2015) by Energy Act 2013 (c. 32), ss. 126(4), 156(1) (with s. 130); S.I. 2015/817, art. 2(a)
Textual Amendments
F10S. 41 repealed by General Rate Act 1967(c. 9), s. 117(11), Sch. 14