Paragraph 2

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 16 para. 1(1)(xxix) omitted by Planning (Consequential Provisions) (Wales) Act 2026 Sch. 2 para. 226(a)(i)
Sch. 16 para. 1(1A) inserted by Planning (Consequential Provisions) (Wales) Act 2026 Sch. 2 para. 226(a)(ii)
Sch. 16 para. 3(1)(e) omitted by Planning (Consequential Provisions) (Wales) Act 2026 Sch. 2 para. 226(b)

(1)

A licence holder who is entitled to exercise any power conferred by Schedule 3 or 4 to this Act shall be deemed to be a statutory undertaker for the purposes of section 66 of the M1Countryside (Scotland) Act 1967 and section 11 of the M2Countryside Act 1968.

(2)

A licence holder who is entitled to exercise any power conferred by Schedule 3 to this Act shall be deemed to be a statutory undertaker and his undertaking a statutory undertaking for the purposes of the following enactments, namely—

(a)

the M3Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

(b)

the M4New Towns (Scotland) Act 1968;

(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

F2(d)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)

section 120 of the M5Local Government, Planning and Land Act 1980;

(f)

the M6New Towns Act 1981;

(g)

the M7Acquisition of Land Act 1981; and

(h)

sections 47, 48, 49 and 51 of, and Schedule 9 to, the M8Civil Aviation Act 1982.

(3)

The reference in section 48(6) of the Civil Aviation Act 1982 to an electricity undertaker shall be construed as a reference to a licence holder who is entitled to exercise any power conferred by Schedule 4 to this Act.

(4)

A licence holder who is entitled to exercise any power conferred by paragraph 1 of Schedule 4 to this Act shall be deemed to be a statutory undertaker and his undertaking a statutory undertaking for the purposes of the following enactments, namely—

(a)

section 26 of the M9Public Health Act 1925;

(b)

section 17(1)(b) of the M10Requisitioned Land and War Works Act 1945;

(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)

the M11Highways Act 1980; and

(e)

sections 296 and 611 of the M12Housing Act 1985.

(5)

References in the following enactments, namely—

(a)

section 6 of the M13Local Government (Miscellaneous Provisions) Act 1953;

(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

sections 176 and 185 of the M14Highways Act 1980; and

(d)

paragraph 3 of Schedule 5 to the M15Road Traffic Regulation Act 1984;

to electricity undertakers shall be construed as references to licence holders entitled to exercise any power conferred by paragraph 1 of Schedule 4 to this Act.

(6)

A licence holder entitled to exercise any power conferred by paragraph 1 of Schedule 4 to this Act shall be deemed to be a public utility undertaker for the purposes of the Highways Act 1980 F3. . ..

(7)

A licence holder who is entitled to exercise any power conferred by paragraph 2 of Schedule 4 to this Act shall be deemed to be a statutory undertaker and his undertaking a statutory undertaking for the purposes of the following enactments, namely—

(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

the M16Roads (Scotland) Act 1984.

(8)

References in the M17Local Government (Omnibus Shelters and Queue Barriers) (Scotland) Act 1958 F4. . . to electricity undertakers shall be construed as references to licence holders entitled to exercise any power conferred by paragraph 2 of Schedule 4 to this Act.

(9)

It is immaterial for the purposes of this paragraph whether any power conferred by, or by any provision of, Schedule 3 or 4 to this Act on the holder of a licence under section 6(1)(a) or (2) of this Act is qualified by restrictions, exceptions or conditions included in the licence.

Annotations

Textual amendments

F1: Sch. 16 para. 2(2)(c)(4)(c)(5)(b) repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I
F2: Sch. 16 para. 2 (2)(d)(7)(a) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)
F3: Words in Sch. 16 para. 2(6) repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59), s. 168(2), Sch. 9; (E.W.) S.I. 1992/2984, art. 2(2), Sch. 2 and (S.) S.I. 1992/2990, art. 2(2), Sch. 2.
F4: Words in Sch. 16 para. 2(8) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

Marginal citations

M1: 1967 c. 86.
M2: 1968 c. 41.
M3: 1947 c. 42.
M4: 1968 c. 16.
M5: 1980 c. 65.
M6: 1981 c. 64.
M7: 1981 c. 67.
M8: 1982 c. 16.
M9: 1925 c. 71.
M10: 1945 c. 43.
M11: 1980 c. 66.
M12: 1985 c. 68.
M13: 1953 c. 26.
M14: 1980 c. 66.
M15: 1984 c. 27.
M16: 1984 c. 54.
M17: 1958 c. 50.