The Felixstowe Branch Line and Ipswich Yard Improvement Order 2008

18.—(1) In this Part of this Schedule—

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

“apparatus” means any mains, pipes, pressure governors, ventilators, cathodic protection, cables or other apparatus belonging to or maintained by the company for the purposes of the conveyance or storage of gas and includes any structure for the lodging therein of apparatus or for giving access to such apparatus, but the provisions of paragraphs 20 to 28 do not apply to apparatus in respect of which the relations between the undertaker and the company are regulated by the provisions of Part 3 of the 1991 Act;

“the company” means National Grid Gas plc, a gas transporter within the meaning of Part 1 of the Gas Act 1986(1) and includes any person succeeding the company as a gas transporter or any other successor in title, and any contractor appointed by the company to carry out its obligations under this agreement;

“construction” includes execution, placing, alteration, removal and reconstruction; and “construct” and “constructed” have corresponding meanings;

“functions” includes powers and duties;

“goods” includes gas conveyed by a gas transporter;

“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

“plans” includes sections, specifications and method statements.

(2) The provisions of Schedule 9 (provisions relating to statutory undertakers, etc.) shall not apply in relation to apparatus to which this Part of this Schedule applies.

(1)

1986 c. 44. A new section 7 was substituted by section 5 of the Gas Act 1995, c. 45, and was further amended by section 76 of the Utilities Act 2000 c. 27.