Local Government (Omnibus Shelters and Barriers) (Scotland) Act 1958
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Change 1
3 Supplementary provisions as to omnibus shelters, etc.
(1) Where a shelter or barriers or posts are provided by a local roads authority under section one of this Act in a position obstructing access to any electronic communications apparatus kept installed for the purposes of an electronic communications code network, and the operator of that network notifies the local roads authority that he requires to obtain access to that apparatus, the authority shall, unless they temporarily remove the shelter, barriers or posts for the purpose of affording such access, or so much thereof as is necessary for that purpose, be liable to repay the operator of that network so much of the expenses reasonably incurred by him in obtaining such access as is attributable to the situation of the shelter or barriers or posts. (2) The provisions of the foregoing subsection shall apply in relation to any sewers, pipe-subways, pipes, wires or other apparatus belonging to or maintained by the Minister or any local authority or any gas, electricity, water, hydraulic power, tramcar or trolley vehicle undertakers, as they apply in relation to any such electronic communications apparatus as is therein mentioned, and as if for any reference therein to the operator of the network in question there were substituted a reference to the Minister or the local authority or the undertakers, as the case may be. (3) Any dispute as to the amount (if any) payable by a local roads authority under the foregoing provisions of this section shall be determined by arbitration.
3 Supplementary provisions as to omnibus shelters, etc.
(1) Where a shelter or barriers or posts are provided by a local roads authority under section one of this Act in a position obstructing access to any electronic communications apparatus kept installed for the purposes of an electronic communications code network, and the operator of that network notifies the local roads authority that he requires to obtain access to that apparatus, the authority shall, unless they temporarily remove the shelter, barriers or posts for the purpose of affording such access, or so much thereof as is necessary for that purpose, be liable to repay the operator of that network so much of the expenses reasonably incurred by him in obtaining such access as is attributable to the situation of the shelter or barriers or posts. (2) The provisions of the foregoing subsection shall apply in relation to any sewers, pipe-subways, pipes, wires or other apparatus belonging to or maintained by the Minister or any local authority or any gas, electricity, water, hydraulic power, tramcar or trolley vehicle undertakers, as they apply in relation to any such electronic communications apparatus as is therein mentioned, and as if for any reference therein to the operator of the network in question there were substituted a reference to the Minister or the local authority or the undertakers, as the case may be. (3) Any dispute as to the amount (if any) payable by a local roads authority under the foregoing provisions of this section shall be determined by arbitration.
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