Paragraph 2 I1
England, Wales and Scotland
In this part of this Schedule—
“affected undertakers” means—
- (a)
any licence holder within the meaning of Part 1 of the Electricity Act 1989f1;
- (b)
a gas transporter within the meaning of Part 1 of the Gas Act 1986f2;
- (c)
a water undertakers within the meaning of the Water Industry Act 1991f3; and
- (d)
a sewerage undertakers within the meaning of Part 1 of the Water Industry Act 1991,
for the area of the authorised development, and in relation to any apparatus, means the undertakers to whom it belongs or by whom it is maintained;
- (a)
“alternative apparatus” means alternative apparatus adequate to enable the affected undertakers in question to fulfil its statutory functions in a manner not less efficient than previously;
“apparatus” means—
- (a)
in the case of an electricity undertakers, electric lines or electrical plant (as defined in the Electricity Act 1989), belonging to or maintained by that affected undertakers;
- (b)
in the case of a gas undertakers, any mains, pipes or other apparatus belonging to or maintained by a gas transporter for the purposes of gas supply;
- (c)
in the case of a water undertakers, mains, pipes or other apparatus belonging to or maintained by that affected undertakers for the purposes of water supply; and
- (d)
in the case of a sewerage undertakers—
- (i)
any drain or works vested in the affected undertakers under the Water Industry Act 1991; and
- (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 or an agreement to adopt made under section 104 of that Act,
- (i)
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;
- (a)
“functions” includes powers and duties; and
“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.
Annotations
Commencement
- I1
Sch. 9 Pt. 1 para. 2 in force at 7.7.2014, see art. 1
Footnotes
- f1
-
1989 c.29. Section 64(1) was amended by section 108 and paragraphs 24, 38(1), (3) of Part II of Schedule 6 of the Utilities Act 2000.
- f2
-
1986 c.44. A new section 7 was substituted by section 5 of the Gas Act 1995 (c.45), and was further amended by section 76 of the Utilities Act 2000 (c.27).
- f3