# Telecommunications Act 1984, Paragraph 51


(1) The Roads (Scotland) Act 1970 shall be amended in accordance with the following provisions of this paragraph.
(2) In subsection (6) of section 7 (power to divert waters after consulting local authority and other bodies acting under statutory powers), at the end there shall be inserted the words “ ; and in subsection (3) above the reference to a body acting under statutory powers includes a reference to the operator of a telecommunications code system (whether or not a body) acting in pursuance of any right conferred by or in accordance with the telecommunications code. ”.
(3) For subsection (3) of section 9 (which applies section 7 of the Telegraph Act 1878 to work authorised by a scheme made by a highway authority) there shall be substituted the following subsections:—
“(3) Paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply, for the purposes of any works authorised by a scheme made by a highway authority under this section, to the person authorised to do the works.
(4) Sub-paragraph (8) of paragraph 23 of the telecommunications code (offence) shall be deemed to be omitted for the purposes of the application by this section of that paragraph to a highway authority in relation to a trunk road.”.
(4) In section 50 (interpretation)—
(a) in subsection (1), for the definition of statutory undertakers there shall be substituted the following definition:—
““statutory undertakers” means—
(a)any statutory undertakers as defined in section 275(1) of the Town and Country Planning (Scotland) Act 1972;
(b)the Post Office; and
(c)except in section 39(4) of this Act, the operator of any telecommunications code system;”;
(b) after subsection (2) there shall be inserted the following subsection—
“(2A) Any reference in this Act to apparatus belonging to statutory undertakers shall, in relation to the operator of a telecommunications code system, have effect as a reference to telecommunication apparatus kept installed for the purposes of that system.”.

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Source: https://www.legislation.gov.uk/ukpga/1984/12/schedule/4/paragraph/51 (the official version)
Page: https://openlegislation.uk/telecommunications-act-1984/schedule-4/paragraph-51
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.