The Telecommunications (Licence Modification)(Standard Schedules) Regulations 1999

PART 1: U.K. DEFINITIONS AND INTERPRETATION RELATING TO THE CONDITIONS IN SCHEDULE 4

1.  In this Schedule unless the context otherwise requires: U.K.

“Agricultural” has the meaning given to it by paragraph 1 of Schedule 2 to the Act;

“Appropriate Authority” means a public authority of a type described in subsection 49(6) or, in Scotland, subsection 108(6) of the New Roads and Street Works Act 1991 or, in Northern Ireland, Article 7(5) of the Street Works (Northern Ireland) Order 1995;

“Area of Outstanding Natural Beauty” means an area in England or Wales designated and confirmed as such under section 5 or section 87 of the National Parks and Access to the Countryside Act 1949 or in Northern Ireland any area established in accordance with Section 10 of the Amenity Lands Act (Northern Ireland) 1965 or designated under Article 14(1) of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 (S.I. 1985/170 (NI 1));

“Area of Special Scientific Interest” means an area designated under Article 24(1) of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 (S.I. 1985/170 (NI 1)) as amended by Article 10 of the Nature Conservation and Amenity Lands (Amendment) (Northern Ireland) Order 1989 (S.I. 1989/492 (NI 3));

“the Broads” means the area in which the Broads Authority exercises power of development control;

“Carriageway” and “Footway” have the meanings given to them in England and Wales by section 329 of the Highways Act 1980, in Scotland by section 151 of the Roads (Scotland) Act 1984 and in Northern Ireland by Article 2(2) of the Roads (Northern Ireland) Order 1993;

“Condition” means a Condition in this Schedule;

“Conservation Area” means:

(i)

in relation to England and Wales, any area designated as a conservation area under sections 69 and 70 of the Planning (Listed Buildings and Conservation Areas) Act 1990;

(ii)

in relation to Scotland, any area designated as a conservation area under section 61 of the Planning (Listed Buildings and Conservation Areas)(Scotland) Act 1997; and

(iii)

in relation to Northern Ireland, any area designated as a conservation area under Article 50 of the Planning (Northern Ireland) Order 1991;

“Cost Price” means the cost of any item of Telecommunication Apparatus, including the full cost of its Installation, calculated before any charges for depreciation by the Licensee and modified to take account of any alteration in the CSO Price Index for Buildings and Works since it was installed;

“Duct” means a structure or apparatus (with appropriate entry points) installed underground in such a way that Lines can be installed in it without having to break up the surface of the highway;

“Emergency” means an emergency of any kind, including any circumstances whatever resulting from major accidents, natural disasters and incidents involving toxic or radio-active materials;

“Emergency Organisations” means in respect of any locality:

(i)

the relevant public police, fire, ambulance and coastguard services for that locality; and

(ii)

any other similar organisation in respect of which any public telecommunications operator licensed to operate in the locality in question is providing a Public Emergency Call Service on the day on which this Licence enters into force;

“Emergency Works” has the meaning given to it by section 52 or, in Scotland, section 111 of the New Roads and Street Works Act 1991 or, in Northern Ireland, Article 6 of the Street Works (Northern Ireland) Order 1995;

“Highway Authority” means, in England and Wales, the highway authority as defined in section 1 of the Highways Act 1980 and, in Northern Ireland, the Department of the Environment for Northern Ireland;

“Installation” includes “alteration” within the meaning of paragraph 1(2) of the Telecommunications Code;

“Limestone Pavement Area” means an area designated by the Secretary of State or relevant authority under section 34 of the Wildlife and Countryside Act 1981;

“Line” has the same meaning as in paragraph (a) of the definition of “Telecommunication Apparatus” in paragraph 1 of Schedule 2 to the Act;

“Local Nature Reserve” means an area designated as such under section 21 of the National Parks and Access to the Countryside Act 1949;

“Maintainable Highway” has the meaning given to it by paragraph 1 of Schedule 2 to the Act as amended by paragraph 113(1) of Schedule 8 to the New Roads and Street Works Act 1991, and in Northern Ireland has the meaning given to it by paragraph 1 of Schedule 2 to the Act as amended by paragraph 9(a)(i) of Schedule 3 to the Street Works (Northern Ireland) Order 1995;

“Major Office” means the Licensee's registered office and such other offices as the Director, having consulted the Licensee, may direct;

“Marine Nature Reserve” means, in England, Wales and Scotland, an area designated by the Secretary of State under section 36 of the Wildlife and Countryside Act 1981 and in Northern Ireland, an area designated under Article 20(1) of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 (S.I. 1985/170 (NI 1));

“Natural Heritage Area” means any area in Scotland designated as such under the Natural Heritage (Scotland) Act 1991;

“National Nature Reserve” means any land in England, Wales and Scotland declared to be a national nature reserve under section 35 of the Wildlife and Countryside Act 1981 by:

(i)

in England, English Nature, established under the Environmental Protection Act 1990;

(ii)

in Scotland, Scottish Natural Heritage, established under the Natural Heritage (Scotland) Act 1991; and

(iii)

in Wales, the Countryside Council for Wales, established under the Environmental Protection Act 1990,

and in relation to Northern Ireland means any land declared to be a national nature reserve under Article 18(1) of the Nature Conservation and Amenity Lands Northern Ireland) Order 1985 (S.I. 1985/170 (NI 1));

“National Park” means any area in England and Wales designated and confirmed as such under section 5 of the National Parks and Access to the Countryside Act 1949 or any area in Northern Ireland designated as such under Article 12(1) of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 (S.I. 1985/170 (NI 1));

“National Scenic Area” means any area in Scotland designated as such under the Town and Country Planning (Scotland) Act 1997;

“the New Forest” means the area defined in the New Forest Act 1964;

“Planning Authority” means:

(i)

in relation to England and Wales, the local planning authority for the area in question within the meaning of section 1 of the Town and Country Planning Act 1990;

(ii)

in relation to Scotland, a planning authority within the meaning of section 1 of the Town and Country Planning (Scotland) Act 1997; and

(iii)

in relation to Northern Ireland, the Department of the Environment for Northern Ireland;

“Public Emergency Call Service” means a telecommunication service by means of which any member of the public may, at any time communicate as swiftly as practicable with any of the Emergency Organisations for the purpose of notifying them of an Emergency;

“Public Road” has the same meaning as in paragraph 1(1) of Schedule 2 to the Act, as amended by the Roads (Scotland) Act 1984 and the New Roads and Street Works Act 1991;

“Relevant Authority” means:

(i)

in relation to the Broads, the New Forest, a National Park, an Area of Outstanding Natural Beauty, or a Limestone Pavement Area, the Planning Authority;

(ii)

in relation to a National Nature Reserve, a Site of Special Scientific Interest or a Marine Nature Reserve;

(A)

in England, English Nature, established under the Environmental Protection Act 1990;

(B)

in Scotland, Scottish Natural Heritage, established under the Natural Heritage (Scotland) Act 1991;

(C)

in Wales, the Countryside Council for Wales, established under the Environmental Protection Act 1990; and

(D)

in Northern Ireland, in relation to a National Nature Reserve or a Marine Nature Reserve, the Planning Authority;

(iii)

in relation to an Area of Special Scientific Interest, the Department of Environment for Northern Ireland; and

(iv)

in relation to a Natural Heritage Area or a National Scenic Area, Scottish Natural Heritage, established under the Natural Heritage (Scotland) Act 1991;

“Relevant Event” means:

(i)

the revocation of this Licence;

(ii)

where the Licensee is not immediately granted another similar licence to run the Applicable Systems, the expiry of this Licence; or

(iii)

any of the events specified in paragraph 1(e) to (i) of Schedule 2 to this Licence, provided that paragraph 2 of that Schedule shall have effect for the purposes of this definition as it has for the purposes of paragraph 1 of that Schedule;

“Relevant Owner” means any person who owns or operates electric lines for the transport of electricity;

“Relevant Supplier” means in relation to an area in which the Licensee has installed or proposes to install any apparatus the person who is authorised by a licence granted under paragraph (b) or (c) of section 6(1) of the Electricity Act 1989, or in the case of Northern Ireland, under Article 10(1) of the Electricity (Northern Ireland) Order 1992 to transmit or supply electricity;

“Relevant Undertaker” has the meaning given to it by paragraph 23(10) of Schedule 2 to the Act, and includes persons mentioned in paragraph 23(10)(b) in respect of services and apparatus for the supply of water, or disposal of sewage, and additionally includes any undertaking for the supply of heat;

“Road” has the meaning given to it in section 107(1) of the New Roads and Street Works Act 1991;

“Road Works Authority” has the meaning given to it in section 108(1) of the New Roads and Street Works Act 1991;

“Road Works Register” means a register of the kind kept by a Road Works Authority under section 112 of the New Roads and Street Works Act 1991;

“Roads Authority” has the same meaning as in section 151 of the Roads (Scotland) Act 1984;

“Service Line” means any Line placed or intended to be placed for the purpose of providing any telecommunication service to the occupier from time to time of any land, as distinct from a Line placed or intended to be placed for the general purposes of any telecommunication system;

“Service Line Distribution Point” means the point at which any Line placed or intended to be placed for the general purposes of any telecommunication system is connected to any Service Line;

“Site of Special Scientific Interest” means an area designated as such under section 28 of the Wildlife and Countryside Act 1981 or an area in respect of which the Secretary of State has made an order under section 29 of that Act;

“Statutory List of Buildings” means the list of buildings of special architectural or historic interest compiled by the Secretary of State under section 1(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 or under section 1(1) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 or in the case of Northern Ireland, compiled by the Department of the Environment for Northern Ireland under Article 42 of the Planning (Northern Ireland) Order 1991;

“Street” has the meaning given to it by paragraph 1 of Schedule 2 to the Act, as amended by paragraph 113(1) of Schedule 8 to the New Roads and Street Works Act 1991, or in the case of Northern Ireland, as amended by paragraph 9(a)(ii) of Schedule 3 to the Street Works (Northern Ireland) Order 1995;

“Street Authority” has the meaning given to it by section 49 of the New Roads and Street Works Act 1991, or in Northern Ireland by Article 7 of the Street Works (Northern Ireland) Order 1995;

“Street Works Register” means a register of the kind kept by a Street Authority under section 53 of the New Roads and Street Works Act 1991, or, in the case of Northern Ireland, a register kept by the Department of the Environment for Northern Ireland under Article 13 of the Street Works (Northern Ireland) Order 1995;

“Telecommunication Apparatus” shall have the extended meaning given to it by paragraph 1(1) of Schedule 2 to the Act;

“Traffic Authority” has the same meaning as in the Road Traffic Regulation Act 1984 or in Northern Ireland means the Department of the Environment for Northern Ireland; and

“Urgent Works” in relation to England, Wales and Northern Ireland, has the meaning given in regulation 2 of the Street Works (Registers, Notices, Directions and Designations) Regulations 1992 and, in relation to Scotland, has the meaning given in regulation 2 of the Road Works (Registers, Notices, Directions and Designations) (Scotland) Regulations 1992.

2.  For the avoidance of doubt, it is hereby declared that the conditions in this Schedule apply in addition to any obligations of the Licensee in relation to England, Wales and Scotland under the New Roads and Street Works Act 1991 and the Public Utilities Street Works Act 1950, insofar as not superseded by the New Roads and Street Works Act 1991, and in relation to Northern Ireland under the Street Works (Northern Ireland) Order 1995. U.K.

3.  Expressions cognate with those referred to in this Schedule shall be construed accordingly. U.K.