Paragraph 123

England and Wales

(1)

In Schedule 4 to the Electricity Act 1989 (powers of licence-holders), paragraph 1 (street works in England and Wales) is amended as follows.

(2)

In sub-paragraph (2) (consent required for placing of certain structures in the street), for the words from “exercisable only” to the end substitute “ exercisable only with the consent of the street authority; but such consent shall not be unreasonably withheld ”.

(3)

In sub-paragraph (4) (consent required in certain cases for breaking up or opening street)—

(a)

for “a street falling within paragraph (b) or (c) of sub-paragraph (2) above” substitute “ a street which is not a maintainable highway ”, and

(b)

for “the person mentioned in that paragraph” substitute “ the street authority ”.

(4)

For sub-paragraph (8) (savings) substitute—

“(8)
Nothing in sub-paragraph (1) above shall affect the application to any operation of sections 34 to 36 of the Coast Protection Act 1949.”.

(5)

For sub-paragraph (9) (interpretation) substitute—

“(9)
In this paragraph “maintainable highway”, “street” and “street authority” have the same meaning as in Part III of the New Roads and Street Works Act 1991.”.

Notes on Schedule 8

Extent

E1: Sch. 8 extends to England and Wales and to Scotland or Northern Ireland also if amended enactment so extends see s. 169