Paragraph 1

For the protection of the undertakers referred to in this Part of this Schedule the following provisions shall, unless otherwise agreed in writing between Railtrack and the undertaker concerned, have effect.

In this Part of this Schedule—

• “alternative apparatus” means alternative apparatus adequate to enable the undertaker in question to fulfil their 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 public gas transporter for the purposes of gas supply; and

  3. (c)

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

  • (not being apparatus in respect of which the relations between Railtrack and the undertakers are regulated by the provisions of Part III of the Street Works Act) and includes any structure in which apparatus is or is to be lodged or which 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 upon land; and

  • “undertaker” means any licence holder within the meaning of Part I of the Electricity Act 1989, public gas transporter within the meaning of Part I of the Gas Act 1986^f2 and water undertaker within the meaning of the Water Industry Act 1991^f3; and, in relation to any apparatus, means the undertaker to whom it belongs or by whom it is maintained.

The provisions of Schedule 4 to this Order shall not apply in relation to apparatus to which this Part of this Schedule applies.