Paragraph 2 I1

In this Schedule—

• “alternative apparatus” means alternative apparatus adequate to enable the undertaker in question to fulfil its statutory functions in a manner not less efficient than previously;

• “apparatus” means—

  1. (a)

     in the case of an electricity undertaker, electric lines or electrical plant (as defined in the Electricity Act 1989^f1) belonging to or maintained by that undertaker;

  2. (b)

     in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by a gas transporter for the purposes of gas supply;

  3. (c)

     in the case of a water undertaker—

     1. (i)

        mains, pipes or other apparatus belonging to, or maintained by, the undertaker for the purposes of water supply; and

     2. (ii)

        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 of the Water Industry Act 1991^f2;

  4. (d)

     in the case of a sewerage undertaker—

     1. (i)

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

     2. (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,

     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;

• “EDF Energy” means EDF Energy (UK) Limited (company number 02622406) and any group company of EDF Energy (UK) Limited which holds property and is a licensed holder for any of the purposes under section 6 of the Electricity Act 1989 at Sizewell, and for the purposes of this definition “group company” means any company which is a company within the meaning of section 42 of the Landlord and Tenant Act 1954 including EDF Energy Nuclear Generation Limited (company number 03076445) and NNB Generation Company Limited (company number 06937084);

• “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; and

• “utility undertaker” means—

  1. (a)

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

  2. (b)

     a gas transporter within the meaning of Part 1 of the Gas Act 1986^f3;

  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 works authorised by the Order, and in relation to any apparatus, means the utility undertaker to whom it belongs or by whom it is maintained.