Section 28 Interpretation of Part II.

In this Part of this Act, unless the context otherwise requires—

• F1“the appropriate tribunal” means—

  1. (a)

     in relation to England and Wales, the Upper Tribunal;

  2. (b)

     in relation to Scotland, the Lands Tribunal for Scotland;

• “compulsory purchase order” means an order confirmed under Schedule 1 to the M1Acquisition of Land (Authorisation Procedure) Act 1946 or under Schedule 1 to the M2Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

• “controlled operations” has the meaning given by section 5 of this Act;

• F2. . .

• “danger” means danger of bodily harm or injury or danger to property, and “safe” and “safety” shall be construed accordingly;

• F3“fire and rescue authority” means a fire and rescue authority under the Fire and Rescue Services Act 2004;

• F4...

• F5. . .

• “Gazette” means, in relation to land in England and Wales, the London Gazette and, in relation to land in Scotland, the Edinburgh Gazette;

• F6“large-scale map” means a map drawn on a scale not less than 1 in 10,560;

• “limits of supply”, F7. . . in Scotland in relation to F8Scottish Water, has the meaning assigned to it by section F9109(1) of the M3Water (Scotland) Act 1980;

• “local authority” means, in England F10. . ., F11the council of a county or district, the council of a London borough and the common council of the City of London, F12in Wales, the council of a county or county borough and, in Scotland a F13council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

• “local planning authority” in England and Wales has the meaning assigned to it by F14section 336(1) of the Town and Country Planning Act 1990, F15. . . and, in Scotland, the meaning assigned to it by F16section 277(1) of the Town and Country Planning (Scotland) Act 1997;

• F17. . .

• “Minister concerned with water resources” means—

  1. (a)

     F18in relation to England and Wales, the Secretary of State;

  2. (d)

     in relation to land in Scotland, F19the Secretary of State for Scotland;

• “natural gas” means any gas derived from natural strata (including gas orginating outside the United Kingdom);

• “owner”, in relation to any land other than land in Scotland, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion and, in relation to any land in Scotland,—

  1. (a)

     unless the land is held on a long lease, means F20... the owner of the land;

  2. (b)

     if the land is held on a long lease, means the lessee under that lease;

• and, for the purposes of this definition, “long lease” means a lease which has been, or is capable of being, F21registered in the Land Register of Scotland or recorded in the General Register of Sasines under the M4Registration of Leases (Scotland) Act 1857;

• “planning Minister” means, in relation to England, the F22Secretary of State and, in relation to Scotland or Wales, the Secretary of State;

• “planning permission” means permission under Part III of the M5Town and Country Planning Act 1990 (other than sections 88 and 89) F23or, in relation to England, Part 13 of that Act or under F24Part III of the Town and Country Planning (Scotland) Act 1997 (other than sections 55 and 56);

• “river authority” means a river authority established under Part II of the M6Water Resources Act 1963, the Conservators of the River Thames, the Lee Conservancy Catchment Board and the Isle of Wight River and Water Authority; and for the purposes of this Part of this Act the area of the Conservators of the River Thames shall be the Thames Catchment Area and the London excluded area (as defined in section 125(5) of the Water Resources Act 1963), and the area of the Lee Conservancy Catchment Board shall be the Lee Catchment Area;

• F25. . .

• “statutory licence to abstract water”, in relation to England and Wales, means a licence under Part IV of the Water Resources Act 1963 and in relation to Scotland means a statutory right to take water;

• “statutory right to take water” means a right to take water conferred by an order under section 17 of the M7Water (Scotland) Act 1980 or by a provisional order having effect in Scotland;

• “statutory undertakers” means persons authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal inland navigation, dock, harbour, pier or lighthouse undertaking, or any undertaking for the supply of F26. . . , F27. . . hydraulic power F28or water;

• F29“statutory water undertakers” means any water undertaker

• “storage authorisation order” means an order under section 4 of this Act;

• “underground gas storage” means a storage of gas in a stratum below the surface of the ground in accordance with a storage authorisation order or, if the context so requires, the stratum where gas is so stored.

In this Part of this Act the expressions “protective area” and “storage area” have the meanings respectively assigned by section 5(1) of, and paragraph 1 of Schedule 2 to, this Act and, except where the context otherwise requires, any reference in this Part of this Act to a protective area or storage area includes all land and strata at all depths below the surface of the ground in the area.

For the purposes of this Part of this Act Monmouthshire shall be deemed to be in Wales and not in England.

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