Paragraph 59 InterpretationI1

In this Part of this Schedule—

• “apparatus” means in the case of the protected person, pipes or other apparatus belonging to or maintained by Wales & West Utilities Limited for the purposes of gas transmission and distribution;

• “authorised development” has the same meaning as in Schedule 1 (authorised development) of this Order;

• “commence” has the same meaning as in article 2 (interpretation) and commencement shall be construed to have the same meaning;

• “functions” includes powers and duties;

• “in” in a context referring to apparatus in land includes a reference to apparatus under, over, across, along or upon such land;

• “maintain” and “maintenance” shall have the same meaning as in article 2 (interpretation);

• “plan” or “plans” include all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe and assess the works to be executed;

• “protected person” means Wales & West Utilities Limited, a limited company registered under Company No 05046791 and having its registered office at Wales & West House, Spooner Close, Coedkernew, Newport, South Wales NP10 8FZ, being a gas transporter within the meaning of Part 1 of the 1986 Act; and

• “protective works” means such works as are necessary to protect the protected person’s apparatus arising as a result of the construction, operation or maintenance of the authorised development.

Except for paragraphs 62 (retained apparatus: Protection: Protected Persons) and 63 (expenses) this Schedule does not apply to apparatus in respect of which the relations between the undertaker and the protected person are regulated by the provisions of Part 3 of the 1991 Act.