Paragraph 2

In this Part of this Schedule—

• “alternative apparatus” means alternative apparatus adequate to enable the utility undertaker in question to fulfil its 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 1989 Act), belonging to or maintained by that utility undertaker;

  2. (b)

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

  3. (c)

     in the case of a water undertaker—

     1. (i)

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

     2. (ii)

        any water mains or service pipes (or part of a water main or service pipe) that is the subject of an agreement to adopt made under section 51A of the Water Industry Act 1991;

  4. (d)

     in the case of a sewerage undertaker—

     1. (i)

        any drain or works vested in the utility undertaker under the Water Industry Act 1991^f1; 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)^f2 of that Act or an agreement to adopt made under section 104 of that Act^f3,

     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, over or upon land; and

• “utility undertaker” means—

  1. (a)

     any licence holder within the meaning of Part 1 (electricity supply) of the 1989 Act;

  2. (b)

     a gas transporter within the meaning of Part 1 (gas supply) of the Gas Act 1986^f4;

  3. (c)

     a water undertaker within the meaning of the Water Industry Act 1991^f5; or

  4. (d)

     a sewerage undertaker within the meaning of Part 1 (preliminary) of the Water Industry Act 1991,

for the area of the authorised development, and in relation to any apparatus, means the utility undertaker to whom it belongs or by whom it is maintained.