Paragraph 2

In this Part of this Schedule—

• “alternative apparatus” means any temporary or permanent alternative apparatus adequate to enable the utility undertaker in question to fulfil its statutory functions in a manner no less efficient than previously;

• “apparatus” means—

  1. (a)

     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; and

  2. (b)

     in the case of a sewerage undertaker—

     1. (i)

        any drain or works vested in that undertaker under the Water Industry Act 1991 M1; 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) M2 (adoption of sewers and disposal works) of that Act or an agreement to adopt made under section 104 M3 (agreements to adopt sewer, drain or sewage disposal works, at future date) of that Act,

  and includes a sludge main, disposal main (within the meaning of section 219 (general interpretation) 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;

• “plan” includes all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe the works to be executed;

• “utility undertaker” means—

  1. (a)

     a water undertaker within the meaning of the Water Industry Act 1991; and

  2. (b)

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

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