Paragraph 2 I1

In this Part—

• “alternative apparatus” means alternative apparatus adequate to enable the utility undertaker in question to fulfil its statutory functions in a manner no less efficient than previously;

• “apparatus” means—

  1. (a)

     in the case of a utility undertaker within paragraph (a) of the definition of that term, electric lines or electrical plant (as defined in the 1989 Act, belonging to or maintained by that licence holder;

  2. (b)

     in the case of a utility undertaker within paragraph (b) of the definition of that term, any mains, pipes or other apparatus belonging to or maintained by that gas transporter within the meaning of Part 1 of the Gas Act 1986^f1 for the purposes of gas supply;

  3. (c)

     in the case of a utility undertaker within paragraph (c) of the definition of that term, mains, pipes or other apparatus belonging to or maintained by that water undertaker for the purposes of water supply; and

  4. (d)

     in the case of a utility undertaker within paragraph (d) of the definition of that term—

     1. (i)

        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 a future date) of the Water Industry Act 1991^f2;

     2. (ii)

        any drain or works vested in the sewerage undertaker under the Water Industry Act 1991; and

     3. (iii)

        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 sewerage disposal works, at future date) of that Act^f3,

     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;

• “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;

• “plan” includes 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; and

• “utility undertaker” means—

  1. (a)

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

  2. (b)

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

  3. (c)

     a water undertaker within the meaning of the Water Industry Act 1991; and

  4. (d)

     a sewerage undertaker within the meaning of Part 1 of the Water Industry Act 1991,

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