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Sections 43, 44 and 51.
Modifications etc. (not altering text)
1In this Schedule “” means the county council, local authority or parish council having power to carry out the works to which this Schedule applies.E+W
2The authority shall not carry out any works to which this Schedule applies in any such situation or position as is described in the first column of the following Table except with the consent of the person described in relation thereto in the second column of that Table.E+W
|In any street which is a highway for which there is a highway authority other than the authority carrying out the works.||The highway authority.|
|In any street belonging to and repairable by any railway, dock, harbour, canal, inland navigation or passenger road transport undertakers and forming the approach to any station, dock, wharf or depot of those undertakers.||The undertakers.|
|On any bridge not vested in the authority carrying out the works or on the approaches to any such bridge.||The authority or other person in whom the bridge is vested.|
|On any bridge carrying a street over any railway, canal or inland navigation, or on the approaches to any such bridge, or under any bridge carrying a railway, canal or inland navigation over a street.||The railway, canal or inland navigation undertakers concerned.|
|Except in the case of works under section forty-four of this Act, in a position obstructing or interfering with any existing access to any land or premises abutting upon a street.||The owner (as defined by the M1Public Health Act 1936) and the occupier of the land or premises.|
3Any consent required by this Schedule in respect of any works shall not unreasonably be withheld but may be given subject to any reasonable conditions, including a condition that the authority shall remove the works either at any time or at or after the expiration of a period if reasonably required so to do by the person giving the consent.E+W
[F34Where the consent of the Secretary of State or the Minister of Transport is required under this Schedule, any dispute between the Minister whose consent is required and the authority as to whether the Minister’s consent is unreasonably withheld or is given subject to reasonable conditions, or whether the removal of anything to the provision of which the consent relates in accordance with any condition of the consent is reasonably required shall be referred to and determined by an arbitrator to be appointed in default of agreement by the President of the Institution of Civil Engineers]E+W
Modifications etc. (not altering text)
As regards buildings of the descriptions in the first column of the following Table the appropriate authority for the purposes of section forty-five of this Act shall be the person specified in the second column of that Table (and not a magistrates’ court).
|A building which is for the time being included in a list published under section 12 of the M2Ancient Monuments Consolidation and Amendment Act 1913.||[F4The Secretary of State]|
|[F5A building which is included in a list compiled or approved under section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990.]||[F5The Secretary of State.]|
|A building owned by railway, canal, dock, harbour or inland navigation undertakers.||The Minister of Transport.|
|A building owned by electricity or gas undertakers F6.... . ..||[F7The Secretary of State.]|
|A building owned by statutory water undertakers.||[F8The Secretary of State.]|
|A building forming part of an aerodrome licensed under the Civil Aviation Act 1949, or any enactment repealed by that Act.||[F9The Board of Trade.]|
|A building owned by a county council, local authority or parish council or parish meeting who are not the street lighting authority concerned.||[F8The Secretary of State.]|
|A building owned by a development corporation established under the M3New Towns Act 1946, or the [F10Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008].||[F8The Secretary of State.]|
|[F11F12...||F12. . .|
Modifications etc. (not altering text)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13
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