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Point in time view as at 12/02/2024.
Town and Country Planning Act 1990, Section 262 is up to date with all changes known to be in force on or before 05 September 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 public gas transporter, water or [F2sewerage undertaker, the Environment Agency, the Natural Resources Body for Wales, any universal] postal service provider in connection with the provision of a universal postal service [F3, 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), F4. . ., 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 [F5a 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 [F6a universal postal service provider in connection with the provision of a universal postal service] [F7, 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) ”.
[F8(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.]
[F9(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), F4. . ., 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 (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 202 (with Sch. 7)
F3Words 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
F4Word 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)
F5Words in s. 262(5)(a) substituted (26.3.2001) by S.I. 2001/1149, arts. 1(2), 3(1), Sch. 1 para. 80(3)
F6Words in s. 262(5)(b) 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 (1.4.2001) by 2000 c. 38, s. 37, Sch. 5 para. 6(3); S.I. 2001/869, art. 2
F8S. 262(5A) inserted (1.4.2001) by 2000 c. 38, s. 37, Sch. 5 para. 6(4); S.I. 2001/869, art. 2
F9S. 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 applied (20.2.2013) by The Kentish Flats Extension Order 2013 (S.I. 2013/343), arts. 1, 8(2) (with arts. 13, 14)
C3S. 262 modified (15.6.2013) by The Galloper Wind Farm Order 2013 (S.I. 2013/1203), arts. 1, 6(2) (with arts. 11, 12)
C4S. 262 modified (11.3.2015) by The Dogger Bank Creyke Beck Offshore Wind Farm Order 2015 (S.I. 2015/318), arts. 1, 6(2) (with arts. 40, 41, Sch. 12)
C5S. 262 modified (30.6.2015) by The Swansea Bay Tidal Generating Station Order 2015 (S.I. 2015/1386), arts. 1, 48(3) (with arts. 51, 53)
C6S. 262 modified (26.8.2015) by The Dogger Bank Teesside A and B Offshore Wind Farm Order 2015 (S.I. 2015/1592), arts. 1, 6(3) (with arts. 40, 41)
C7S. 262 modified (25.3.2016) by The Thorpe Marsh Gas Pipeline Order 2016 (S.I. 2016/297), arts. 1, 11(4) (with art. 39)
C8S. 262 applied (with modifications) (29.3.2017) by The Glyn Rhonwy Pumped Storage Generating Station Order 2017 (S.I. 2017/330), art. 1, Sch. 7 para. 5(3) (with art. 31)
C9S. 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)
C10S. 262(1) modified (9.1.2014) by The Ashton Vale to Temple Meads and Bristol City Centre Rapid Transit Order 2013 (S.I. 2013/3244), arts. 1, 19(2) (with arts. 57, 58, Sch. 11 para. 19)
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