Paragraph 8

England, Wales and Scotland

In this Schedule—

“relevant undertaker” means—

(a)

any person or authority authorised by or under any Act (whether public general or local) to carry on any railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking;

(b)

F1any electronic communications code operator;

(c)

any F2public gas transporter (within the meaning of Part I of the M1Gas Act 1986);

(d)

any holder of a licence under Part I of the M2Electricity Act 1989 who is entitled to exercise any power conferred by paragraph 1 or 2 of Schedule 4 to that Act;

(e)

F3the Environment Agency, the Natural Resources Body for Wales or any water undertaker or sewerage undertaker;

(f)

any other licensed operator of a driver information system; or

(g)

any person to whom this Schedule is applied by any Act passed after this Act;

“undertaker’s works” means—

(a)

in relation to a relevant undertaker falling within paragraph (a) above, any works which he is authorised to execute for the purpose of, or in connection with, the carrying on by him of the undertaking mentioned in that paragraph;

(b)

in relation to a relevant undertaker falling within paragraph (b) above, any works which he is authorised to execute for the purposes of, or in connection with, F4an electronic communications code network provided by him ;

(c)

in relation to a relevant undertaker falling within paragraph (c) above, any works which he is authorised to execute for the purposes of, or in connection with, his F5conveying gas as a public gas transporter;

(d)

in relation to a relevant undertaker falling within paragraph (d) above, any works which he is authorised to execute for any purpose connected with the carrying on of the activities which he is authorised by his licence to carry on;

(e)

in relation to a relevant undertaker falling within paragraph (e) above, any works which that Authority or undertaker has power to execute for purposes connected with the carrying on of its functions;

(f)

in relation to a relevant undertaker falling within paragraph (f) above, any works which he is authorised to execute for the purposes of, or in connection with, a driver information system operated by him; and

(g)

in relation to a relevant undertaker falling within paragraph (g) above, the works for the purposes of which this Schedule is applied to him.

Annotations

Textual amendments

F1: Words in Sch. 5 para. 8 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 97(4)(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
F2: Words in Sch. 5 para. 8(c) in the definition of "relevant undertaker" substituted (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 16; S.I. 1996/218, art. 2
F3: Words in Sch. 5 para. 8(e) in the definition of "relevant undertaker" substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 194 (with Sch. 7)
F4: Words in Sch. 5 para. 8 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 97(4)(b) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
F5: Words in Sch. 5 para. 8(c) in the definition of "undertaker's works" substituted (1.3.1996) by 1995 c. 45,, s. 16(1), Sch. 4 para. 16; S.I. 1996/218, art. 2

Marginal citations

M1: 1986 c. 44.
M2: 1989 c. 29.