Paragraph 2 InterpretationI1

In this Part of this Schedule—

• “alternative apparatus” means appropriate alternative apparatus to the satisfaction of the protected undertaker to enable the protected undertaker in question to fulfil its statutory functions in a manner not less efficient than previously;

• “apparatus” means—

  1. (a)

     mains, pipes or other apparatus belonging to or maintained by the protected undertaker for the purposes of water supply; and

  2. (b)

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

  3. (c)

     any sewer which is so vested or is the subject of a notice of intention to adopt given by the protected undertaker under section 102(4) of that Act or an agreement to adopt made by the protected undertaker under section 104 of that Act,

  and 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 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, across, along, over or upon land; and

• “protected undertaker” means Southern Water Services Limited.