Schedule FIFTH Consequential Modifications of Public General EnactmentsC1

England, Wales and Scotland

The modifications specified in this Schedule have effect subject to the limitations specified in the following provisions of this Act:—

(i) As to modifications consequential on the street works code—Paragraph (a) of subsection (3) of section fifteen and subsection (4) of that section.

(ii) As to modifications consequential on section seventeen of this Act—Paragraph (a) of subsection (2) of that section.

(iii) As to modifications consequential on the code in Part II of this Act—Paragraph (a) of subsection (2) of section twenty-four.

Modifications	Provision of this Act on which modification is consequential
. . . F1	. . .
The Waterworks Clauses Act, 1847 (10 & 11Vict. c.17).
In section twenty-eight, the words “under such superintendence as is hereinafter specified” shall be omitted.	The street works code.
Sections thirty to thirty-four shall cease to have effect.	The street works code.
The Towns Improvement Clauses Act,1847 (10 & 11Vict.c. 34).
Section sixty-one shall cease to have effect so far as it relates to the alteration, for the purpose of authority’s words as defined in Part II of this Act, of the position of any pipes or other works.	The code in Part II.
. . . F2	. . .
The Public Health Act,1875 (38 & 39Vict. c. 55).
Section one hundred and fifty-three shall cease to have effect so far as it relates to the alteration, for the purpose of authority’s works as defined in Part II of this Act, of the situation of pipes or other works.	The code in Part II.
. . . F3	. . .
. . .	. . .
. . . F4	. . .
The Burgh Police (Scotland) Act,1892 (55 & 56 Vict. c. 55).
Section one hundred and forty-nine shall cease to have effect so far as it relates to the alteration, for the purpose of authority’s works as defined in Part II of this Act, of the situation of pipes or other works.	The code in Part II.
. . .	. . .
. . .	. . .
. . . F5	. . .
The Electricity (Supply) Act,1926 (16 & 17 Geo.5,c.51).
In section thirty-five, in subsection (1), paragraph (b) shall cease to have effect.	The code in Part II.
The Petroleum Production Act,1934 (24 & 25 Geo.5. c. 36).
In section three, in subsection (1), the words “and thirty to thirty-four” shall be omitted.	The street works code.
The Public Health Act,1936 (26Geo.5 & 1Edw.8c.49.
In section two hundred and seventy-nine, the proviso to subsection (2), and subsection (3), shall cease to have effect.	The street works code.
F6The Water Act,1945 (8 & 9Geo.6.c. 42).
In section twelve, in subsection (5), after the words “Parts V and VI of the Third Schedule to this Act” there shall be inserted the words “and the street works code in the Public Utilities Street Works Act, 1950”.	Section twenty.
In section twenty-two, in subsection (3), there shall be added at the end thereof the words:— “Provided that the consent of the highway authority shall not be required by virtue of this subsection for the carrying by any undertakers of any drain, sewer or watercourse under any street maintainable at the public expense which is within the limits of supply of those undertakers”.	Section s eventeen.
. . .	. . .
In the Third Schedule, sections twenty-three and twenty-four shall cease to have effect.	The street works code.
In the Third Schedule, in section twenty-five, in subsection (1), after the words “street or bridge” there shall be inserted the words “(not being a street or bridge maintainable a t the public expense)”.	Section seventeen.
In the Third Schedule, subsection (2) of section twenty-five (except so far as it is applied by subsection (3) of that section), section twenty-six, subsection (2) of section twenty-seven, and subsection (2) of section twenty-eight, shall cease to have effect.	The street works code.
. . . F7	. . .

Annotations

Textual amendments

F1: Entries relating to the Gasworks Clauses Act 1847 as incorporated with the Electric Lighting Act 1882 by section 12 of that Act, the Electric Lighting Act 1882 and the Schedule to the Electric Lighting (Clauses) Act 1899 repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35(1), Sch. 18
F2: Entries repealed by Statute Law (Repeals) Act 1978 (c. 45), Sch. 1 Pt. XI, Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I and Post Office Act 1969 (c. 48, SIF 96), Sch. 8 Pt. I
F3: Entry repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I
F4: Entries repealed by Statute Law (Repeals) Act 1978 (c. 45), Sch. 1 Pt. XI
F5: Entries repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I
F6: Entries relating to the Water Act 1945 repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I
F7: Entries repealed by Town and Country Planning Act 1962 (c. 38, SIF 123:1), s. 223, Sch. 15, Town and Country Planning (Scotland) Act 1972 (c. 52, SIF 123:2), s. 277, Sch. 23, Gas Act 1972 (c. 60, SIF 44:2), s. 49, Sch. 8, Water (Scotland) Act 1980 (c. 45, SIF 130), Sch. 11 and Telecommunications Act 1984 (c. 12,

Modifications

C1: Sch. 5 amended (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(37)

Notes on the whole Act

Textual amendments

F1: Act repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(2), Sch. 9 (with savings in ss. 103(5), 161(2), 162(5)); (E.W.) S.I. 1992/2984, art. 2(2), Sch.2; (S.) S.I. 1992/2990, art. 2(2), Sch.2.
F2: Act repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(2), Sch.9 (with savings in ss. 103(5), 161(2), 162(5)); (E.W.) S.I. 1992/2984, art. 2(2), Sch.2; (S.) S.I. 1992/2990, art. 2(2), Sch.2.