Paragraph 2 I1

In this Part of this Schedule—

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

• “apparatus” means—

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

  2. 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. in the case of a water undertaker—

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

     2. any water mains or service pipes (or part of a water main or service pipe) that is the subject of an agreement to adopt made under section 51A (agreements to adopt water main or service pipe at future date) of the Water Industry Act 1991;

  4. in the case of a sewerage undertaker—

     1. any drain or works vested in the utility undertaker under the Water Industry Act 1991^f2; and

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

  and includes a sludge main, disposal main (within the meaning of section 219 (general interpretation) 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; and

  1. any other mains, pipelines or cables that are not the subject of the protective provisions in Parts 2 to 16 of this Schedule;

• “functions” includes powers and duties;

• “in”, in a context referring to apparatus or alternative apparatus in land, includes a reference to apparatus or alternative apparatus under, over or upon land; and

• “utility undertaker” means—

  1. any licence holder within the meaning of Part 1 (electricity supply) of the Electricity Act 1989;

  2. a gas transporter within the meaning of Part 1 (gas supply) of the Gas Act 1986^f3;

  3. water undertaker within the meaning of the Water Industry Act 1991;

  4. a sewerage undertaker within the meaning of Part 1 (preliminary) of the Water Industry Act 1991; and

  5. an owner or operator of apparatus within sub-paragraph (e) of the definition of that term,

  for the area of the authorised development, and in relation to any apparatus, means the utility undertaker to whom it belongs or by whom it is maintained.