Paragraph 4

In this Schedule—

• “alternative apparatus” means alternative apparatus adequate to enable the specified undertaker in question to fulfil its statutory functions in a manner not less efficient than previously;

• “apparatus” means—

  1. (a)

     in the case of an electricity undertaker, electric lines or electrical plant (as defined in section 64(1) the Electricity Act 1989^f1) belonging to or maintained by that specified undertaker;

  2. (b)

     in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by a gas transporter for the purposes of gas supply;

  3. (c)

     in the case of a water undertaker—

     1. (i)

        mains, pipes or other apparatus belonging to or maintained by that specified undertaker for the purposes of water supply; and

     2. (ii)

        mains, pipes or other apparatus that is the subject of an agreement to adopt made under section 51A of the Water Industry Act 1991^f2 (agreements to adopt water main or service pipe); and

  4. (d)

     in the case of a sewerage undertaker—

     1. (i)

        any drain or works vested in the specified undertaker under the Water Industry Act 1991; and

     2. (ii)

        any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) of that Act^f3 (adoption of sewers and disposal works) or an agreement to adopt made under section 104 of that Act^f4 (agreement to adopt sewer, drain or sewage disposal works, at future date),

     and includes a sludge main, disposal main (within the meaning of section 219 of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works,

  and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

• “in land”, in relation to apparatus or alternative apparatus, includes a reference to under, over, across, along or upon land;

• “plans” includes sections, specifications and method statements;

• “specified undertaker” means—

  1. (a)

     Western Power Distribution (South West) plc, whose registered office is Avonbank, Feeder Road, Bristol, BS2 0TB; and

  2. (b)

     Wessex Water Services Limited, whose registered office is Operation Centre, Claverton Down Road, Claverton Down, Bath, Somerset, United Kingdom, BA2 7WW.

  or any person succeeding any such company as a licence holder within the meaning of Part 1 of the Electricity Act 1989, a gas transporter within the meaning of Part 1 of the Gas Act 1986^f5, a water undertaker within the meaning of the Water Industry Act 1991, or as a sewerage undertaker, and “the specified undertaker” in relation to any apparatus means the specified undertaker to whom the apparatus belongs or by whom it is maintained.

In paragraph (1), “functions” includes powers and duties.