c. 12
166
ScB. 4
1972
c. 5Z
Telecommunications Act 1984
The Town and Country Planning (Scotland) Act 1972
Planning (Scotland) Act 1972
shall be amended in accordance with the following provisions of this
paragraph-
54.-(1) The Town and Country
(2) The power to make a development order under section 21
(development orders) shall include power(a) to repeal paragraph 70 of Schedule 22 to the said Act of
1972 and sub-paragraph (13) below ; and
to
(b)
make any such provision as is mentioned in that section
in relation to cases in which planning permission is required
by virtue of that repeal ;
and the power conferred by virtue of this sub-paragraph shall include
power to make different provision for different cases.
(3) In section 108(2) (under which provisions as to extinguishment
of rights over land do not apply in relation to rights and apparatus
of statutory undertakers), at the end there shall be inserted the words
" or to any right conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system or
to any telecommunication apparatus kept installed for the purposes
of any such system.".
(4) In the proviso to section 117(1) (under which the power to
override servitudes etc. shall not be used to interfere with rights
vested in or belonging to statutory undertakers), at the end there
shall be inserted the words " or a right conferred by or in accordance
with the telecommunications code on the operator of a telecommunications code system.".
-
(5) After section 180 (purchase notices in other cases) there shall
be inserted the following section :
" Public
180A. In the preceding provisions of this Part of this
telecomAct and in Schedule 17 to this Act the references to
rat s
statuto undertakers shall be deemed to include referoperators..
ences to a public telecommunications operator.".
(6) In section 181(l)(a) (scope of provisions relating to the effect
of planning proposals on the interests of owner-occupiers), for the
words from " functions " to " National Coal Board " there shall be
substituted the words " of the following functions, that is to say,
those of a government department, local authority or statuory undertakers, or of the National Coal Board or the establishment or running
by a public telecommunications operator of a telecommunication
system " ; and, accordingly, in section 194(1) (definition of " appropriate authority ") after the word " body ", there shall be inserted the
words " or person ".
(7) In section 202(3) (powers not to be exercised, among other
things, to prevent statutory undertakers from having access to their
works), at the end there shall be inserted the words " or
(f) to prevent the operator of any telecommunications code
system from having access to any works of his under, in, on,
over, along or across the highway.".