Section 38 References to powers to execute works in streets, to bridges, and to service pipes and lines.

England, Wales and Scotland

(1)

For the purposes of this Act—

(a)

a power to execute works in a place falling within the definition of a “ F1streetroad” in subsection (3) of section one of this Act shall be treated as included in references in this Act to a power to execute works in a streetroad, notwithstanding that that place is referred to in the enactment which creates the power by some word not comprised in that definition, and, in relation to such a power, references in this Act to a streetroad shall be construed as references to that place;

(b)

a power to execute works which extends both to a streetroad and also to other land shall be treated as included in references in this Act to a power to execute works in a streetroad in so far as it extends to a streetroad; and

(c)

a power to execute works which extends to the F2roadway and footpathscarriageway and footway of a streetroad, or to some other part thereof, but not to the whole thereof, shall be treated as included in references in this Act to a power to execute works in a streetroad, and, in relation to such a power, references in this Act to the streetroad in which it is exercisable shall be construed as references to the part to which the power extends, so however that land abutting on another part of it shall be treated for the purposes of provisions relating to controlled land as abutting on the streetroad in which the power is exercisable.

(2)

In this Act references to a bridge include references to its approaches, and circumstances therein mentioned relating to a bridge shall be treated as existing if they exist either as to the bridge or as to its approaches or as to any part of either.

(3)

In this Act references to a service pipe or service line are to any such pipe or line as the following and to such only, that is to say—

(a)

a pipe or line through or by means of which a supply of gas, electricity or water is afforded or intended to be afforded to a consumer, either directly from premises from which the supply originates or from a main (that is to say, a pipe or line through or by means of which a supply thereof is afforded, or intended to be afforded, for the purposes of a general supply thereof);

(b)

a pipe or line through or by means of which sewerage services are afforded or intended to be afforded, and which is F3a private sewer or a drain within the meaning assigned to those expressions respectively by the M1Public Health Act 1936; ornot a sewer vested in a local authority

F4(c)

any telecommunication apparatus placed or intended to be placed underground for the purpose of providing a service by means of a telecommunication system to or from any premises, as distinct from telecommunication apparatus placed or intended to be placed for the general purposes of any such system

Provided that so much of any such pipe or line as is placed, or intended to be placed, for a continuous length of one hundred yards or more in a streetroad which is a F5maintainable highway, or is prospectively a maintainable highwaypublic road, or prospective public road, shall be treated as not being a service pipe or service line.

Annotations

Textual amendments

F1: Word “road” substituted (S.) for word “street” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(31)(a)
F2: Words “carriageway and footway” substituted (S.) for words “roadway and footpaths” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(31)(b)
F3: Words “not a sewer vested in a local authority” substituted (S.) for words from “a private” to the end of para. (b) by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(31)(c)(i)
F4: S. 38(3)(c) substituted by Telecommunications Act 1984 (c. 12, SIF 96), Sch. 4 para. 29(3), Sch. 5 para. 45
F5: Words “public road, or prospective public road” substituted (S.) for words “maintainable highway, or is prospectively a maintainable highway” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(31)(c)(ii)

Marginal citations

M1: 1936 c. 49(100:1).

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.