(1)Where a shelter or barriers or posts are provided by a [F1local roads authority] under section one of this Act in a position obstructing access to any [F2[F3electronic communications apparatus] kept installed for the purposes of [F4an electronic communications code network], and the operator of that [F5network] notifies the [F1local roads authority] that he requires to obtain access to that apparatus, the authority shall, unless they temporarily remove the shelter, barriers or posts for the purpose of affording such access, or so much thereof as is necessary for that purpose, be liable to repay the operator of that [F5network] so much of the expenses reasonably incurred by him in obtaining] such access as is attributable to the situation of the shelter or barriers or posts.
(2)The provisions of the foregoing subsection shall apply in relation to any sewers, pipe-subways, pipes, wires or other apparatus belonging to or maintained by the Minister or any local authority or any gas, electricity, water, hydraulic power, tramcar or trolley vehicle undertakers, as they apply in relation to any such [F6[F3electronic communications apparatus] as is therein mentioned, and as if for any reference therein to the operator of the [F5network] in question there were] substituted a reference to the Minister or the local authority or the undertakers, as the case may be.
(3)Any dispute as to the amount (if any) payable by a [F1local roads authority] under the foregoing provisions of this section shall be determined by arbitration.
Textual Amendments
F1Words substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 49
F2Words substituted by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 4 para. 37(a), Sch. 5 para. 45
F3Words in s. 3 substituted (17.9.2003) by Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 1(1), Sch. 1 para. 3(a)
F4Words in s. 3(1) substituted (17.9.2003) by Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 1(1), Sch. 1 para. 3(b)
F5Word in s. 3 substituted (17.9.2003) by Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 1(1), Sch. 1 para. 3(c)
F6Words substituted by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 4 para. 37(b), Sch. 5 para. 45
Modifications etc. (not altering text)
C1Ss. 1-4: functions made exercisable concurrently (1.11.2006) by Transfer of Functions to the Shetland Transport Partnership Order 2006 (No. 527), art. 1, Sch. 2
C2Ss. 1-4: functions made exercisable concurrently (7.11.2006) by Transfer of Functions to the South-West of Scotland Transport Partnership Order 2006 (No. 538), art. 1, Sch. 2 (with art. 5)