SCHEDULES
SCHEDULE 5 Licence holders as statutory undertakers
Planning
6
1
Section 262 of the M1Town and Country Planning Act 1990 (meaning of statutory undertakers) shall be amended as follows.
2
In subsection (3) for “and the Civil Aviation Authority” substitute “
, the Civil Aviation Authority and a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services)
”
.
3
In subsection (5)(b) for “and the Civil Aviation Authority” substitute “
, the Civil Aviation Authority and a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services)
”
.
4
After subsection (5) insert—
5A
For the purposes of this Act—
a
a person who holds a licence under Chapter I of Part I of the Transport Act 2000 shall not be considered to be a statutory undertaker unless the person is carrying out activities authorised by the licence;
b
the person’s undertaking shall not be considered to be a statutory undertaking except to the extent that it is the person’s undertaking as licence holder.