- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (25/07/2003)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 20/02/2013
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Town and Country Planning Act 1990, Section 262 is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Subject to the following provisions of this section, in this Act “statutory undertakers” means persons authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking or any undertaking for the supply of hydraulic power and a relevant airport operator (within the meaning of Part V of the M1Airports Act 1986).
(2)Subject to the following provisions of this section, in this Act “statutory undertaking” shall be construed in accordance with subsection (1) and, in relation to a relevant airport operator (within the meaning of that Part), means an airport to which that Part of that Act applies.
(3)Subject to [F1subsections (5) to (5B)], for the purposes of the provisions mentioned in subsection (4) any [F2public gas transporter], water or sewerage undertaker, the National Rivers Authority, [F3any universal postal service provider in connection with the provision of a universal postal service][F4, 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)] shall be deemed to be statutory undertakers and their undertakings statutory undertakings.
(4)The provisions referred to in subsection (3) are sections 55, 90, 101, 108(3), F5. . ., 139 to 141, 143, 148, 170(12)(b), 236(2)(a), 237 to 241, 245, 247(4)(b), 253, 257(2), 263(1) and (2), 264, 266 to 283, 288(10)(a), 306, 325(9), 336(2) and (3), paragraph 18 of Schedule 1 and Schedules 8, 13 and 14.
(5)Subsection (4) shall apply—
(a)as respects [F6a universal postal service provider in connection with the provision of a universal postal service], as if the reference to sections 55, 247(4)(b), 253 and 257(2) were omitted; and
(b)as respects [F7a universal postal service provider in connection with the provision of a universal postal service][F8, 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)] as if—
(i)the references to sections 245, 263(1) and (2) and 336(2) and (3) were omitted; and
(ii)after the words “ 266 to 283” there were inserted the words “ (except section 271 as applied by section 13 of the Opencast Coal Act 1958) ”.
[F9(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.]
[F10(5B)The undertaking of a universal postal service provider so far as relating to the provision of a universal postal service shall be taken to be his statutory undertaking for the purposes of this Act; and references in this Act to his undertaking shall be construed accordingly.]
(6)Any holder of a licence under section 6 of the M2Electricity Act 1989 shall be deemed to be a statutory undertaker and his undertaking a statutory undertaking—
(a)for the purposes of the provisions mentioned in subsection (7)(a), if he holds a licence under subsection (1) of that section;
(b)for the purposes of the provisions mentioned in subsection (7)(b), if he is entitled to exercise any power conferred by Schedule 3 to that Act; and
(c)for the purposes of the provisions mentioned in subsection (7)(c), if he is entitled to exercise any power conferred by paragraph 1 of Schedule 4 to that Act.
(7)The provisions referred to in subsection (6) are—
(a)sections 55, 108(3), F5. . ., 139 to 141, 143, 148, 236(2)(a), 237, 245, 253, 263(1) and (2), 264, 266 to 283, 288(10)(a), 306, 325(9) and 336(2) and (3), paragraph 18 of Schedule 1 and Schedule 13;
(b)sections 170(12)(b) and 238 to 241; and
(c)sections 247(4) and 257(2) and Schedule 14.
Textual Amendments
F1Words in s. 262(3) substituted (26.3.2001) by S.I. 2001/1149, arts. 1(2), 3(1), Sch. 1, para. 80(2)(a)
F2Words in s. 262(3) substituted (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 18(2); S.I. 1996/218, art. 2
F3Words in s. 262(3) substituted (26.3.2001) by S.I. 2001/1149, arts. 1(2), 3(1), Sch. 1 para. 80(2)(b)
F4Words in s. 262(3) substituted (1.4.2001) by 2000 c. 38, s. 37, Sch. 5 para. 6(2); S.I. 2001/869, art. 2
F5Word in s. 262(4)(7)(a) repealed (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 31, 84(6), Sch. 6 para. 22, Sch. 19 Pt. II (with s. 84(5)); S.I. 1991/2067, art. 3 (subject to art. 4)
F6Words in s. 262(5)(a) substituted (26.3.2001) by S.I. 2001/1149, arts. 1(2), 3(1), Sch. 1 para. 80(3)
F7Words in s. 262(5)(b) substituted (26.3.2001) by S.I. 2001/1149, arts. 1(2), 3(1), Sch. 1 para. 80(3)
F8Words in s. 262(5)(b) substituted (1.4.2001) by 2000 c. 38, s. 37, Sch. 5 para. 6(3); S.I. 2001/869, art. 2
F9S. 262(5A) inserted (1.4.2001) by 2000 c. 38, s. 37, Sch. 5 para. 6(4); S.I. 2001/869, art. 2
F10S. 262(5B) inserted (26.3.2001) by S.I. 2001/1149, arts. 1(2), 3(1), Sch. 1 para. 80(4)
Modifications etc. (not altering text)
C1S. 262 applied (10.11.1993) by 1993 c. 28, s. 169, Sch. 20 Pt. II para. 19(2); S.I. 1993/2762, art. 3
C2S. 262(1) extended (14.3.2002) by The Chester Guided Busway Order 2002 (S.I. 2002/412), art. 34 (with art. 38)
S. 262(1) modified (11.1.2006) by The Cambridgeshire Guided Busway Order 2005 (S.I. 2005/3523), arts. 18(4), 49(1) (with art. 52)
S. 262(1) modified (13.12.2006) by The Luton Dunstable Translink Order 2006 (S.I. 2006/3118), art. 18(4)
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