Section 79 Meaning of “statutory undertakers” and “operational land”.

England and Wales

(1)

In this Act, except in so far as the context otherwise requires, “statutory undertakers” means—

(a)

persons authorised by any enactment to carry on—

(i)

any railway, light railway, tramway, road transport, water transport, canal or inland navigation undertaking, or

(ii)

any dock, harbour, pier or lighthouse undertaking, or

(iii)

any undertaking for the supply of F1. . ., . . . F2F3or hydraulic power, or

(b)

the Civil Aviation Authority . . . F4, or

F5(ba)

a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services),or

(c)

F6a universal postal service provider in connection with the provision of a universal postal service . . . F7,

and “statutory undertaking” shall be construed accordingly.

F8(1A)

For the purposes of this Act—

(a)

a person who holds a licence under Chapter I of Part I of the Transport Act 2000 shall not be considered to be a statutory undertaker unless the person is carrying out activities authorised by the licence;

(b)

the person’s undertaking shall not be considered to be a statutory undertaking except to the extent that it is the person’s undertaking as licence holder.

F9(1B)

The undertaking of a universal postal service provider so far as relating to the provision of a universal postal service shall be taken to be his statutory undertaking for the purposes of this Act; and references in this Act to his undertaking shall be construed accordingly.

(2)

In this Act, subject to subsection (3) below, and except in so far as the context otherwise requires, “operational land”, in relation to statutory undertakers, means—

(a)

land which is used for the purpose of the carrying on of their undertaking, and

(b)

land in which an interest is held for that purpose,

not being land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used, or in which interests are held, for the purpose of the carrying on of statutory undertakings.

(3)

In this Act “operational land”—

(a)

in relation to F10a universal postal service provider, has the meaning given by paragraph 93(4) of Schedule 4 to the M1Post Office Act 1969;

(b)

in relation to the Civil Aviation Authority, has the meaning given by F11paragraph 5 of Schedule 2 to the Civil Aviation Act 1982;

(ba)

in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000, means any land which is used by the licence holder (or by a company associated with it) for the purpose of carrying out activities authorised by the licence or land in which the licence holder (or a company associated with it) holds an interest for that purpose.

(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

(4)

If for the purposes of this Act a question arises whether land is operational land in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000 the question must be decided by the Secretary of State.

Annotations

Textual amendments

F1: Word repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(4), Sch. 18 (with s. 112(3), Sch. 17 para. 35(1))
F2: Word repealed by Gas Act 1986 (c. 44, SIF 44:2), s. 67(4), Sch. 9 Pt. I
F3: Words substituted by Water Act 1989 (c. 15, SIF 130), s. 190(1), Sch. 25 para. 64(2) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)
F4: Word in s. 79(1) inserted (1.4.2001) by 2000 c. 38, s. 37, Sch. 5 para. 5(2) (with s. 106); S.I. 2001/869, art. 2
F5: S. 79(1)(ba)(3)(ba) inserted (1.4.2001) by 2000 c. 38, s. 37, Sch. 5 para. 5(2)(4) (with s. 106); S.I. 2001/869, art. 2
F6: Words in s. 79(1)(c) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 52(2) (subject to art. 1(3))
F7: Words repealed by Telecommunications Act 1984 (c. 12, SIF 96), Sch. 4 para. 3(1)(k), Sch. 7 Pt. I
F8: S. 79(1A)(4) inserted (1.4.2001) by 2000 c. 38, s. 37, Sch. 5 para. 5(3)(5) (with s. 106); S.I. 2001/869, art. 2
F9: S. 79(1B) inserted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 52(3) (subject to art. 1(3))
F10: Words in s. 79(3)(a) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 52(4) (subject to art. 1(3))
F11: Words substituted by Civil Aviation Act 1982 (c. 16, SIF 9), Sch. 15 para. 26
F12: S. 79(3)(c) repealed by Telecommunications Act 1984 (c. 12, SIF 96), Sch. 7 Pt. I

Marginal citations

M1: 1969 c. 48.