Paragraph 7 I1

In this Part of this Schedule—

• “alternative apparatus” means alternative apparatus adequate to enable the relevant statutory undertaker to fulfil its statutory functions in a manner not less efficient than previously;

• “apparatus” means—

  1. (a)

     in the case of any licence holder within the meaning of Part 1 of the 1989 Act M1, electric lines or electrical plant (as defined in the 1989 Act), belonging to or maintained by that licence holder for the purposes of electricity supply;

  2. (b)

     in the case of a gas transporter within the meaning of Part 1 of the Gas Act 1986 M2, any mains, pipes or other apparatus belonging to or maintained by that gas undertaker for the purposes of gas supply;

  3. (c)

     in the case of a water undertaker within the meaning of the Water Industry Act 1991 M3, mains, pipes or other water apparatus belonging to or maintained by that water undertaker for the purposes of water supply; and

  4. (d)

     in the case of a sewerage undertaker within the meaning of Part 1 of the Water Industry Act 1991—

     1. (i)

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

     2. (ii)

        any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) M4 of that Act (adoption of sewers and disposal works) or an agreement to adopt made under section 104(of that Act (agreements to adopt sewer, drain or sewage disposal works, at future date),

     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 in each case 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;

• “relevant statutory undertaker” means, in relation to any apparatus, the statutory undertaker that owns the apparatus or is responsible for its maintenance; and

• “statutory undertaker” means—

  1. (a)

     any 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 M5;

  3. (c)

     a water undertaker within the meaning of the Water Industry Act 199; and

  4. (d)

     a sewerage undertaker within the meaning of Part 1 of the Water Industry Act 1991

  for the area of the authorised development.