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”—

  1. (a)

     in the case of a utility undertaker within paragraph (a) of the definition of that term, means electric lines or electrical plant (as defined in the 1989 Act^f1) belonging to or maintained by the utility undertaker;

  2. (b)

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

  3. (c)

     in the case of a utility undertaker within paragraph (c) of the definition of that term, means—

     1. (i)

        mains, pipes or other apparatus belonging to, or maintained by, the utility 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 utility undertaker within paragraph (d) of the definition of that term—

     1. (i)

        means—

        1. (aa)

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

        2. (bb)

           any sewer that is so vested or is the subject of a notice of intention to adopt given under section 102(4) of that Act^f3 or an agreement to adopt made under section 104 of that Act; and

     2. (ii)

        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 in each case includes any structure in which apparatus is or is to be lodged or that 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 on land;

• “relevant undertaker” means—

  1. (a)

     in relation to works that are Project A works or associated development or ancillary works relating to Project A works, Optimus Wind;

  2. (b)

     in relation to works that are Project B works or associated development or ancillary works relating to Project B works, Breesea; and

  3. (c)

     in relation to works that are shared works or associated development or ancillary works relating to shared works, Optimus Wind and Breesea;

• “utility undertaker” means—

  1. (a)

     a 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^f4;

  3. (c)

     a water undertaker^f5; and

  4. (d)

     a sewerage undertaker,

  for the area of the authorised development and, in relation to any apparatus, means the utility undertaker to whom it belongs or by whom it is maintained; but does not include—

  1. (e)

     Anglian Water Services Limited (company number 02366656);

  2. (f)

     Centrica plc (company number 03033654);

  3. (g)

     VPI Immingham LLP (registered number OC300980);

  4. (h)

     C.GEN Killingholme Limited (company number 06422434); or

  5. (i)

     the Hornsea One companies (as defined in Part 12).