Paragraph 2 InterpretationI1

In this Part of this Schedule—

• “1991 Act” means the New Roads and Street Works Act 1991;

• “alternative apparatus” means appropriate alternative apparatus to the reasonable satisfaction of the statutory undertakers to enable the statutory undertakers in question to fulfil its statutory functions in a manner no less efficient than previously;

• “apparatus” means—

  1. (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 undertakers;

  2. (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;

• “commence” has the same meaning as article 2 of this Order;

• “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, across, along or upon such land;

• “maintain” and “maintenance” shall include the ability and right to do any of the following in relation to any apparatus or alternative apparatus of the statutory undertakers including construct, use, repair, alter, inspect, renew or remove the apparatus;

• “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 the works to be executed;

• “statutory undertakers” means—

  1. (a)

     any licence holder within the meaning of Part 1 of the Electricity Act 1989; and

  2. (b)

     a gas transporter within the meaning of Part 1 of the Gas Act 1986;

  3. (c)

     for the area of the authorised development, and in relation to any apparatus, means the statutory undertakers to whom it belongs or by whom it is maintained;

• “undertakers” means the undertakers as defined in article 2 of this Order.