Paragraph 4

England, Wales and Scotland

(1)

Any of the following who is authorised by or under any enactment to execute works corresponding to those authorised by paragraph 1 or 2 above, namely—

(a)

any F1public gas transporter;

(b)

the F2Environment Agency, F3the Natural Resources Body for Wales, any water undertaker or any sewerage undertaker or, in Scotland, any person supplying water in the exercise of statutory powers;

F4(c)

any electronic communications code operator or any former PTO; and

(d)

any operator of a driver information system who is licensed under Part II of the M1Road Traffic (Driver Licensing and Information Systems) Act 1989,

(in this paragraph referred to as a “relevant undertaker”) may execute such works, notwithstanding that they involve a temporary or permanent alteration of any electric line or electrical plant under the control of a licence holder.

(2)

Where a relevant undertaker is proposing to execute any such works as are mentioned in sub-paragraph (1) above which involve or are likely to involve any such alteration as is there mentioned, sub-paragraphs (3) to (9) of paragraph 3 above shall apply as if—

(a)

any reference to the licence holder were a reference to the relevant undertaker; and

(b)

any reference to the relevant undertaker were a reference to the licence holder.

Annotations

Textual amendments

F1: Words in Sch. 4 para. 4(1)(a) substituted (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 17(2); S.I. 1996/218, art. 2
F2: Words in Sch. 4 para. 4(1)(b) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 40 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F3: Words in Sch. 4 para. 4(1)(b) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 196(3) (with Sch. 7)
F4: Sch. 4 para. 4(1)(c) substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 99(3) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

Marginal citations

M1: 1989 c. 22.

Notes on Schedule 4

Modifications

C1: Sch. 4 applied (with modifications) (1.9.2004) by Energy Act 2004 (c. 20), ss. 143(2), 198(2); S.I. 2004/2184, art. 2(2), Sch. 2