SCHEDULE 8 continued PART IV continued
(2) In section 22A(3)(c)(i), omit the words “section 8 of the Public Utilities Street Works Act 1950”.
(3) In section 39 (provisions with respect to road safety)—
(a) in subsection (3)(a) (duty of local authority as to study of road accidents), for “trunk roads” substitute “roads for which the Secretary of State is the highway authority (in Scotland, roads authority)”;
(b) in subsection (3)(b) (duties as to taking of measures in light of studies), for “roads for which they are the highway authority (in Scotland, local roads authority)” substitute “roads for the maintenance of which they are responsible”.
(4) In section 192(1) (general interpretation), for the definition of “highway authority” substitute—
““highway authority”, in England and Wales, means—
(a) in relation to a road for which he is the highway authority within the meaning of the Highways Act 1980, the Secretary of State, and
(b) in relation to any other road, the council of the county, metropolitan district or London borough, or the Common Council of the City of London, as the case may be;”.
122 (1) The Water Act 1989 is amended as follows.
(2) In section 132(8) (certain works to be treated as emergency works), for “section 39(1) of the Public Utilities Street Works Act 1950” substitute “section 52 of the New Roads and Street Works Act 1991”.
(3) In section 189(1) (general interpretation provisions), for the definition of “street” substitute—
““street” has the same meaning as in Part III of the New Roads and Street Works Act 1991;”.
(4) In Schedule 19 (provisions as to laying and maintenance of pipes), in paragraphs 3(2) and 10(5)(a) (which relate to emergency works) for “within the meaning of the Public Utilities Street Works Act 1950” substitute “as defined in section 52 of the New Roads and Street Works Act 1991”.
123 (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.”.
124 (1) In the same Schedule, paragraph 2 (road works in Scotland) is amended as follows.
(2) In sub-paragraph (2) (consent required for placing of certain structures in the road), for the words from “exercisable only” to the end substitute “exercisable only with the consent of the road works authority; but such consent shall not be unreasonably withheld”.
(3) In sub-paragraph (4) (consent required in certain cases for breaking up or opening road)—
(a) for “a road or bridge falling within paragraph (b) or (c) of sub-paragraph (2) above” substitute “a road which is not a public road”, and
(b) for “the person mentioned in that paragraph” substitute “the road works 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 “public road”, “road” and “road works authority” have the same meaning as in Part IV of the New Roads and Street Works Act 1991.”.
125 In the same Schedule, in paragraph 12 (interpretation), omit the definitions of “navigation authority” and “railway authority”.
126 (1) Section 256 of the Town and Country Planning Act 1990 (provisions as to telecommunications apparatus) is amended as follows.
(2) In subsection (3) (power of local highway authority to require alteration of apparatus) for “highway, other than a trunk road” substitute “highway for which the Secretary of State is not the highway authority”.
(3) In subsection (4) (limitation of power under subsection (3)) for “authority’s works as defined in Part II of the Public Utilities Street Works Act 1950” substitute “major highway works, major bridge works or major transport works within the meaning of Part III of the New Roads and Street Works Act 1991”.
127 In paragraph 5(4) of Schedule 7 to the Natural Heritage (Scotland) Act 1991 (works under drought orders), for “section 39(1) of the Public Utilities Street Works Act 1950” substitute “section 111 of the New Roads and Street Works Act 1991”.