Paragraph 36 Meters, etc., to measure water or detect waste.

Scotland

Subject to the provisions of the special Act with respect to the breaking open of F1roads, the undertakers may, for the purpose of measuring the quantity of water supplied, or preventing and detecting waste, affix and maintain meters and other apparatus on their mains and service pipes, and may insert in any road, but as near as is reasonably practicable to the boundary thereof, the necessary covers or boxes for giving access and protection thereto, and may for that purpose temporarily obstruct, break open, and interfere with roads, tramways, sewers, pipes, wires and apparatus:

Provided that the undertakers shall not under the powers of this section interfere with—

F2(a)

any F3electronic communications apparatus kept installed for the purposes of F4an electronic communications code network , except in accordance with, and subject to the provisions of, F5the electronic communications code ; or

(b)

any works or apparatus of any F6public electricity supplier (within the meaning of Part I of the Electricity Act 1989) or any person authorised by a licence under that Part to generate or F7participate in the transmission of electricity., except in accordance with the provisions of F8the code in Part II of the M1Public Utilities Street Works Act 1950Part IV of the New Roads and Street Works Act 1991; or

(c)

any pipes or apparatus of any F9public gas transporter (within the meaning of Part I of the Gas Act 1986), except under the supervision (if given) of an authorised officer of such public gas transporter and in accordance with plans approved by them or by such officer or in case of any difference as determined by the sheriff.

Annotations

Textual amendments

F1: Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 81(15)(d)
F2: Para. (a) of the proviso substituted by Telecommunications Act 1984 (c. 12, SIF 96), ss. 2, 109, Sch. 4 para. 74(4)(5), Sch. 5 para. 45
F3: Words in Sch. 4 para. 36(a) substituted (17.9.2003) by The Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 3(1), Sch. 1 para. 9(3)(a)
F4: Words in Sch. 4 para. 36(a) substituted (17.9.2003) by The Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 3(1), Sch. 1 para. 9(3)(b)
F5: Words in Sch. 4 para. 36(a) substituted (17.9.2003) by The Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 3(1), Sch. 1 para. 9(3)(c)
F6: Words substituted by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1), Sch. 16 para. 26(3)(b)
F7: Sch. 4 section 36: words in para. (b) of proviso substituted (1.9.2004) by Energy Act 2004 (c. 20), s. 143, Sch. 19 para. 1; S.I. 2004/2184, art. 2(2), Sch. 2
F8: Words "Part IV of the New Roads and Street Works Act 1991" substituted (1.1.1993) for words from "the code" to the end of paragraph (b) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8, Pt. IV para. 108(8)(b); S.I. 1992/2990, art. 2(2), Sch. 2
F9: Sch. 4 section 36: words in para. (c) of proviso substituted (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 12; S.I. 1996/218, art. 2

Marginal citations

M1: 1950 c. 39.

Notes on Schedule 4

Modifications

C1: Sch. 4 extended by Gas Act 1986 (c. 44, SIF 44:2), s. 3, Sch. 7 para. 2 (1) (xxxviii), Sch. 8 para. 33
C2: Sch. 4: power to apply conferred (1.10.1991) by Natural Heritage (Scotland) Act 1991 (c. 28, SIF 46:1, 130), s. 20(10), Sch. 7 para. 5(1)(b)