OpenLegislation

Paragraph 59 F1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

For the purposes of this code a “street work right”, in relation to an operator, is—

(a)

a right to install and keep electronic communications apparatus in, on, under, over, along or across a street or a road;

(b)

a right to inspect, maintain, adjust, alter, repair, upgrade or operate electronic communications apparatus which is installed or kept by the exercise of the right under paragraph (a);

(c)

a right to carry out any works in, on, under, over, along or across a street or road for or in connection with the exercise of a right under paragraph (a) or (b);

(d)

a right to enter any street or road to inspect, maintain, adjust, alter, repair, upgrade or operate electronic communications apparatus which is installed or kept by the exercise of the right under paragraph (a).

(2)

The works that may be carried out under sub-paragraph (1)(c) include—

(a)

breaking up or opening a street or a road;

(b)

tunnelling or boring under a street or a road;

(c)

breaking up or opening a sewer, drain or tunnel.

Annotations

Textual amendments

F1

Sch. 3A inserted (31.7.2017 for the purpose of making regulations under Sch. 3A para. 95, 22.11.2017 but only in relation to Sch. 3A para. 106, 28.12.2017 in so far as not already in force) by Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 1 (with Sch. 2); S.I. 2017/765, reg. 2(ii)(jj); S.I. 2017/1136, reg. 2; S.I. 2017/1286, reg. 2(b)

Notes on Schedule 3A

Modifications

C1

Sch. 3A applied by S.I. 1991/1220 (N.I. 11), art. 104(5) (as substituted (28.12.2017) by The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Primary Legislation) Regulations 2017 (S.I. 2017/1285), reg. 1(1), Sch. 1 para. 28(2)(c))