Telecommunications Act 1984

51.-(1)

c. 12

The Roads (Scotland) Act 1970
The Roads (Scotland) Act 1970 shall be amended in

accordance with the following provisions of this paragraph.
(2) In subsection (6) of section 7 (power to divert waters after
consulting local authority and other bodies acting under statutory
powers), at the end there shall be inserted the words " ; and in subsection (3) above the reference to a body acting under statutory
powers includes a reference to the operator of a telecommunications
code system (whether or not a body) acting in pursuance of any
right conferred by or in accordance with the telecommunications
code.".
(3) For subsection (3) of section 9 (which applies section 7 of
the Telegraph Act 1878 to work authorised by a scheme made by a
highway authority) there shall be substituted the following subsections:

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161

Scx. 4.
1970 c. 20.

1873 c. 76.

" (3) Paragraph 23 of the telecommunications code (which
provides a procedure for certain cases where works involve the
alteration of telecommunication apparatus) shall apply, for the
purposes of any works authorised by a scheme made by a highway authority under this section, to the person authorised to do
the works.
(4) Sub-paragraph (8) of paragraph 23 of the telecommunications code (offence) shall be deemed to be omitted for the pur-

poses of the application by this section of that paragraph to a
highway authority in relation to a trunk road.".
(4) In section 50 (interpretation)(a) in subsection (1), for the definition of statutory undertakers
there shall be substituted the following definition :
" ` statutory undertakers ' means(a) any statutory undertakers as defined in section
275(1) of the Town and Country Planning (Scotland) Act 1972;
(b) the Post Office ; and
(c) except in section 39(4) of this Act, the operator
of any telecommunications code system ; " ;
(b) after subsection (2) there shall be inserted the following

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1972 c. 52.

subsection-

" (2A) Any reference in this Act to apparatus belonging
to statutory undertakers shall, in relation to the operator
of a telecommunications code system, have effect as a
reference to telecommunication apparatus kept installed
for the purposes of that system.".
1970 c.
The Harbours Act (Northern Ireland) 1970
(N'I
52. For section 37 of the Harbours Act (Northern Ireland) 1970
(which applies sections 6 and 7 of the Telegraph Act 1878 in rela-

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tion to a harbour order) there shall be substituted the following
section:
" 37. Paragraph 23 of the telecommunications code (which
provides a procedure for certain cases where works involve the

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