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Part XIVU.K. Miscellaneous and Supplementary Provisions

InterpretationE+W

329 Further provision as to interpretation.E+W

(1)In this Act, except where the context otherwise requires—

(2)A highway at the side of a river, canal or other inland navigation is not excluded from the definition in subsection (1) above of [F44“bridleway”, “footpath” or “restricted byway”], by reason only that the public have a right to use the highway for purposes of navigation, if the highway would fall within that definition if the public had no such right thereover.

[F45(2A)In this Act—

(a)any reference to a county shall be construed in relation to Wales as including a reference to a county borough;

(b)any reference to a county council shall be construed in relation to Wales as including a reference to a county borough council; and

(c)section 17(4) and (5) of the Local Government (Wales) Act 1994 (references to counties and districts to be construed generally in relation to Wales as references to counties and county boroughs) shall not apply.]

(3)In a case where two or more parishes are grouped under a common parish council, references in this Act to a parish are to be construed as references to those parishes.

[F46(3A)In a case where two or more communities are grouped under a common community council, references in this Act to a community are to be construed as references to those communities.]

(4)Any reference in this Act to property of railway undertakers, canal undertakers, inland navigation undertakers, dock undertakers, harbour undertakers F47. . . pier undertakers is, where the undertakers are a body to which this subsection applies, to be taken as a reference to property of that body held or used by them wholly or mainly for the purposes of so much of their undertaking as consists of the carrying on of a railway undertaking or, as the case may be, of a canal undertaking, an inland navigation undertaking, a dock undertaking, a harbour undertaking or a pier undertaking.

This subsection applies to the following bodies, namely, the British Railways Board, the British Transport Docks Board, [F48Canal & River Trust], [F49Transport for London], F50. . . F51. . . any wholly-owned subsidiary (within the meaning of the M4Transport Act 1968) or joint subsidiary (within the meaning of section 51(5) of that Act) of any of those bodies [F52other than Transport for London, or any of its subsidiaries (within the meaning of the Greater London Authority Act 1999)].

[F53(4A)Any reference in this Act to apparatus belonging to, or used or maintained by the operator of [F54an electronic communications code network] shall have effect as a reference to [F55electronic communications apparatus] kept installed for the purposes of that [F56network].]

(5)In relation to that part of the road constructed by the Minister of Transport along the line described in Schedule 1 to the M5North of Almondsbury—South of Haysgate Trunk Road Order 1947 and referred to in that Order as “the new road” which lies to the east of the most easterly point before reaching the River Wye at which eastbound traffic of Classes I and II (as specified in Schedule 4 to this Act) can leave that road by another special road, the functions of the Minister under this Act shall be exercisable [F57by the Secretary of State for Transport].

[F58(6)Subsection (5) is subject to the specification of those roads as ones for which a strategic highways company is highway authority under Part 1 of the Infrastructure Act 2015.]

Textual Amendments

F5Definition of "definitive map and statement" in s. 329(1) inserted (12.2.2003 for E. and 31.5.2005 for W.) by 2000 c. 37, ss. 57, 103(3), Sch. 6 Pt. I para. 20(a); S.I. 2003/272, art. 2(a)(n); S.I. 2005/1314, art. 2(b)(vi)

F10Definition in s. 329(1) inserted (3.7.2000) by 1999 c. 29, s. 263(6) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

F16Definition in s. 329(1) repealed (27.9.1999) by 1999 c. 22, ss. 106, 108(3)(f), Sch. 15 Pt. V(I) (with Sch. 14 paras. 7(2), 36(9)); S.I. 1999/2657, art. 2(d)(iii)

F17Definition of "proprietor" in s. 329(1) inserted (12.2.2003 for E. and 31.5.2005 for W.) by 2000 c. 37, ss. 57, 103(3), Sch. 6 Pt. I para. 20(b); S.I. 2003/272, art. 2(a)(n); S.I. 2005/1314, art. 2(b)(vi)

F20Words in s. 329(1) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV Group 3

F21Definitions of "rail crossing diversion order" and "rail crossing extinguishment order" in s. 329(1) inserted (22.12.1992 for certain purposes and otherwise 31.1.1993) by Transport and Works Act 1992 (c. 42), s. 47, Sch. 2 para. 9; S.I. 1992/3144, arts. 2, 3, Sch.

F22Definition of "restricted byway" in s. 329(1) inserted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. II para. 16(a); S.I. 2006/1172, art. 2(g)(iv); S.I. 2006/1279, art. 2(g)

F24Definition of "school" in s. 329(1) inserted (12.2.2003 for E. and 31.5.2005 for W.) by 2000 c. 37, ss. 57, 103(3), Sch. 6 Pt. I para. 20(c); S.I. 2003/272, art. 2(a)(n); S.I. 2005/1314, art. 2(b)(vi)

F26Definition of "special diversion order" in s. 329(1) inserted (12.2.2003 for E., 15.7.2005 for W. for specified purposes and otherwise prosp.) by 2000 c. 37, ss. 57, 103(3), Sch. 6 Pt. I para. 20(d); S.I. 2003/272, art. 2(a)(n); S.I. 2005/1314, art. 3(d)(vi)

F27Definition of "special extinguishment order" in s. 329(1) inserted (12.2.2003 for E., 15.7.2005 for W. for specified purposes and otherwise prosp.) by 2000 c. 37, ss. 57, 103(3), Sch. 6 Pt. I para. 20(e); S.I. 2003/272, art. 2(a)(n); S.I. 2005/1314, art. 3(d)(vi)

F28Words in s. 329(1) in definition of "special road" inserted (1.3.2010) by Planning Act 2008 (c. 29), ss. 36, 241, Sch. 2 para. 29(2) (with s. 226); S.I. 2010/101, art. 2 (with art. 6)

F29Definition of "SSSI diversion order" in s. 329(1) inserted (12.2.2003 for E., otherwise prosp.) by 2000 c. 37, ss. 57, 103(3), Sch. 6 Pt. I para. 20(f); S.I. 2003/272, art. 2(a)(n)

F35Definition of "street works licence" in s. 329(1) inserted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 Pt. I para. 15(3); S.I. 1992/2984, art. 2(2), Sch. 2

F36In s. 329(1) definition of "traffic calming works" substituted (19.1.2005) by Civil Contingencies Act 2004 (c. 36), s. 32(1), Sch. 2 Pt. 3 para. 15(2); S.I. 2004/3281, art. 2(3)(4)

F38Words in s. 329(1) in definition of "trunk road" inserted (1.3.2010) by Planning Act 2008 (c. 29), ss. 36, 241, Sch. 2 para. 29(3) (with s. 226); S.I. 2010/101, art. 2 (with art. 6)

F39In s. 329(1) definition of "universal service provider" inserted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 49(10)

F44Words in s. 329(2) substituted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. II para. 16(b); S.I. 2006/1172, art. 2(g)(iv); S.I. 2006/1279, art. 2(g)

F54Words in s. 329(4A) substituted (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406(1)(6), 408, 411, Sch. 17 para. 56(1)(f)(2)(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

F55Words in s. 329(4A) substituted (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406(1)(6), 408, 411, Sch. 17 para. 56(1)(f)(2)(c) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

F56Word in s. 329(4A) substituted (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406(1)(6), 408, 411, Sch. 17 para. 56(1)(f)(2)(e) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

F57Words substituted by S.I. 1981/238, art. 3(1)

Modifications etc. (not altering text)

C2S. 329(5): functions of First Secretary of State transferred (21.8.2006) to Secretary of State by The Secretary of State for Communities and Local Government Order 2006 (S.I. 2006/1926), art. 4(2)

Marginal Citations

M5S. R. & O. 1947/1562.