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Section 98: Use of certain conduits for telecommunication purposes.

Telecommunications Act 1984 · 1984 c. 12View on legislation.gov.uk

Part VII: Miscellaneous and Supplemental

The functions of an authority with control of a relevant conduit shall include the power—

to carry out, or to authorise another person to carry out, any works in relation to that conduit for or in connection with the installation, maintenance, adjustment, repair or alteration of electronic communications apparatus;
to keep electronic communications apparatus installed in that conduit or to authorise any other person to keep electronic communications apparatus so installed;
to authorise any person to enter that conduit to inspect electronic communications apparatus kept installed there;
to enter into agreements, on such terms (including terms as to the payments to be made to the authority) as it thinks fit, in connection with the doing of anything authorised by or under this section; and
to carry on an ancillary business consisting in the making and carrying out of such agreements.

Where any enactment or subordinate legislation expressly or impliedly imposes any limitation on the use to which a relevant conduit may be put, that limitation shall not have effect so as to prohibit the doing of anything authorised by or under this section.

Where the doing by an authority with control of a public sewer of anything authorised by this section would, apart from this subsection, constitute a contravention of any obligation imposed (whether by virtue of any conveyance or agreement or otherwise) on the authority, the doing of that thing shall not constitute such a contravention to the extent that it consists in, or in authorising, the carrying out of works or inspections, or keeping of apparatus, wholly inside a public sewer.

Subject to subsections (2) and (3) above, subsection (1) above is without prejudice to the rights of any person with an interest in land on, under or over which a relevant conduit is situated.

Without prejudice to subsections (1) to (4) above, the Secretary of State may by order provide for any local Act under or in accordance with which any conduits (whether or not relevant conduits) are kept installed in streetsroads to be amended in such manner as appears to him requisite or expedient for securing—

that there is power for those conduits to be used for the purposes of any electronic communications network or of any electronic communications service;
that the terms (including terms as to payment) on which those conduits are used for those purposes are reasonable; and
that the use of those conduits for those purposes is not unreasonably inhibited (whether directly or indirectly) by reason of the terms of any consent, licence or agreement which has been given, granted or made in relation to any of those conduits for the purposes of that Act.

In this section "relevant conduit" means—

any conduit which, whether or not it is itself an electric line, is maintained by an electricity authority for the purpose of enclosing, surrounding or supporting such a line, including where such a conduit is connected to any box, chamber or other structure (including a building) maintained by an electricity authority for purposes connected with the conveyance, transmission or distribution of electricity, that box, chamber or structure; or
a water main or any other conduit maintained by a water authority for the purpose of conveying water from one place to another; or
a public sewer; or
a culvert which is a designated watercourse within the meaning of the Drainage (Northern Ireland) Order 2006.

In this section a reference to the authority with control of a relevant conduit—

in relation to a conduit or structure falling within paragraph (a) or (b) of subsection (6) above, shall be construed as a reference to the authority by whom the conduit or structure is maintained;
in relation to a public sewer, shall be construed, subject to subsection (8) below, as a reference to the person in whom the sewer is vested; and
in relation to a culvert falling within paragraph (d) of subsection (6) above, shall be construed as a reference to the Department of Agriculture for Northern Ireland.

Where—

the functions of an authority with control of a public sewer are, in pursuance of any enactment, discharged on its behalf by another person, and
the other person is authorised by the authority with control of the sewer to act on its behalf for the purposes of the matters referred to in subsection (1) above,

this section shall have effect in relation to that sewer as if any reference to the authority with control of the sewer included, to such extent as may be necessary for the other person so to act, a reference to the other person.

In this section—

  • "alteration", "street road" and "telecommunication apparatus" have the same meanings as in Schedule 2 to this Act;

  • "conduit" includes a tunnel or subway;

  • "electric line"—

    (a)in Great Britain, has the same meaning as in the Electricity Act 1989; and

    (b)in Northern Ireland, has the same meaning as in the Electricity (Northern Ireland) Order 1992;

  • "electricity authority" means a person authorised by a licence under Part I of the Electricity Act 1989 to supply or participate in the transmission of electricity or a person authorised by a licence under Part II of the Electricity (Northern Ireland) Order 1992 to transmit or supply electricity;

  • "public sewer"—

    (a)in England and Wales, has the same meaning as in the Public Health Act 1936;

    (b)in Scotland, means any sewer which is vested in Scottish Water; and

    (c)in Northern Ireland, means a sewer as defined in the Water and Sewerage Services (Northern Ireland) Order 2006;

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  • "subordinate legislation" means any subordinate legislation within the meaning of the Interpretation Act 1978 or any instrument, as defined in section 1 of the Interpretation Act (Northern Ireland) 1954;

  • "water authority"—

    (a)in England and Wales, means the Environment Agency, the Natural Resources Body for Wales or a water undertaker;

    (b)in Scotland, means Scottish Water; and

    (c)in Northern Ireland, means the a water undertaker (within the meaning of the Water and Sewerage Services (Northern Ireland) Order 2006);

  • "water main"—

    (a)in England and Wales, means a water main or resource main within the meaning of the Water Industry Act 1991;

    (b)in Scotland, means a main within the meaning of the Water (Scotland) Act 1980; and

    (c)in Northern Ireland, means a water main or resource main within the meaning of the Water and Sewerage Services (Northern Ireland) Order 2006.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.