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 not less efficient than previously;

• “apparatus” means—

  1. 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 utility undertaker;

  2. 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 a gas transporter for the purposes of gas supply;

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

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

     2. 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 (agreement to adopt water main or service pipe at future date) of the Water Industry Act 1991;

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

     1. any drain or works vested in the utility undertaker under the Water Industry Act 1991;

     2. 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 sewage disposal works, at future date) of that Act, 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; and

  5. any other mains, pipelines or cables that are not the subject of the protective provisions in Parts 2 to 28 of this Schedule;

• “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. any licence holder within the meaning of Part 1 (electricity supply) of the 1989 Act;

  2. a gas transporter within the meaning of Part 1 (gas supply) of the 1986 Act;

  3. water undertaker within the meaning of Part 2 of the Water Industry Act 1991;

  4. a sewerage undertaker within the meaning of Part 2 of the Water Industry Act 1991; and

  5. an owner or operator of apparatus within paragraph (e) of the definition of that term,

  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, and only where such owner or operator is not the subject of any of the protective provisions in Parts 2 to 28 of this Schedule.