Telecommunications Act 1984
In this section " local authority
(3)
(a)
(b)
(c)
91
c. 12
"-
PART
VII
in relation to England and Wales, means a county
council, the Greater London Council, a district council,
a London borough council, the Common Council of
the City of London, a parish council or a community
council ;
in relation to Scotland, means a regional, islands or
district council ;
in relation to Northern Ireland, means a district council.
98.-(1) The functions of an authority with control of a rele- Use of
certain
vant conduit shall include the powerconduits for
(a) to carry out, or to authorise another person to carry out, telecomany works in relation to that conduit for or in connec- munication
tion with the installation, maintenance, adjustment, re- purposes.
pair or alteration of telecommunication apparatus ;
(b) to keep telecommunication apparatus installed in that
conduit or to authorise any other person to keep telecommunication apparatus so installed ;
to authorise any person to enter that conduit to inspect
telecommunication apparatus kept installed there ;
(d) to enter into agreements, on such terms (including terms
as to the payments to be made to the authority) as it
thinks fit, in connection with the doing of anything
authorised by or under this section ; and
(e) to carry on an ancillary business consisting in the making and carrying out of such agreements.
(c)
(2)
Where any enactment or subordinate legislation expressly
or impliedly imposes any limitation on the use to which a relevant conduit may be put, that limitation shall not have effect
so as to prohibit the doing of anything authorised by or under
this section.
doing by an authority with control of a public
of anything authorised by this section would, apart from
this subsection, constitute a contravention of any obligation
imposed (whether by virtue of any conveyance or agreement or
otherwise) on the authority, the doing of that thing shall not
constitute such a contravention to the extent that it consists
in, or in authorising, the carrying out of works or inspections,
or keeping of apparatus, wholly inside a public sewer.
(3) Where the
sewer
(4) Subject to subsections (2) and (3) above, subsection (1)
above is without prejudice to the rights of any person with an
interest in land on, under or over which a relevant conduit is
situated,