Channel Tunnel Act 1987

1 (1) The following provisions of this Part of this Schedule shall, unless otherwise agreed in writing between the appropriate authority and the undertakers concerned, have effect for the protection of the undertakers.

(2) In this Part of this Schedule—

• "appropriate authority" does not include the Secretary of State in respect of the A20 improvement works;

• "the undertakers" means any person authorised to carry on an undertaking for the supply of electricity, gas or water within any area within which land is to be acquired or works are to be constructed under this Act and—

  (a)

  in relation to water undertakers, includes a water authority in their capacity as an authority authorised to carry on an undertaking for the supply of water within their area; and

  (b)

  in relation to any apparatus, means the undertakers to whom the apparatus belongs or by whom the apparatus is maintained;

• "apparatus" means—

  (a)

  in the case of electricity undertakers, electric lines and works (as respectively denned in the [1882 c. 56.] Electric Lighting Act 1882) belonging to, or maintained by, those undertakers; or

  (b)

  in the case of gas or water undertakers, mains, pipes or other apparatus belonging to, or maintained by, those undertakers for the purposes of gas or water supply;

  (not being in any case apparatus in respect of which the relations between the appropriate authority and the undertakers are regulated by the provisions of Part II of the [1950 c. 39.] Public Utilities Street Works Act 1950), and includes any structure for the lodging therein of apparatus;

• "alternative apparatus" means alternative apparatus adequate to enable the undertakers to fulfil their statutory functions in a manner not less efficient than previously;

• "in" in a context referring to apparatus includes under, over, across, along or upon.