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Amendments made: No. 88, in page 67, line 35, leave out subsection (1) and insert—
'() The consent of the road works authority is required for the placing of apparatus by an undertaker in a protected road, except as mentioned below.
§ The following are "protected roads" for this purpose—
- (a) any road or proposed road which is a special road in accordance with section 7 of the Roads (Scotland) Act 1984, and
- (b) any road designated by the road works authority as protected.
() Consent is not required for the placing of apparatus—
- (a) by way of renewal of existing apparatus, or
- (b) in pursuance of a permission granted under section 105 of this Act (permission to execute road works) or section 61 of the Roads (Scotland) Act 1984 (permission to place and maintain apparatus under a road), except where the permission was granted before the road became a protected road.'.
§ No. 89, in page 68, line 8, leave out first 'the' and insert 'any'.—[Mr. Freeman.]