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Town and Country Planning (Scotland) Act 1997

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Town and Country Planning (Scotland) Act 1997, Section 214 is up to date with all changes known to be in force on or before 25 December 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. Help about Changes to Legislation

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214 Meaning of “statutory undertakers”.S

(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 or water 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 Part V of the Airports Act 1986), 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, [F2any 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 26, 57, 69, 70, 77(3), 90 to 92, 94, 99, 121(11)(b), 194(2)(a), 196 to 198, 200, 202(4)(b), 205(3)(e), 208(2), 215(1) and (2), 216, 218, 219, 221 to 236, 239(10)(a), 255, 270(9), 277(2) and (3), and Schedules 6, 7, 14 and 16.

(5)Subsection (4) shall apply—

(a)as respects [F4a universal postal service provider in connection with the provision of a universal postal service], as if the reference to sections 26, 194(2)(a), 196, 200, 202(4)(b), 205(3)(e), 208(2), 215(1) and (2) and 277(2) and (3) were omitted;

[F5(b)as respects the Civil Aviation Authority, as if the references to sections 200, 215(1) and (2) and 277(2) and (3) were omitted and the reference to Schedule 16 included the words “except paragraph 3”;] and

(c)as respects any public gas transporter, as if the reference to Schedule 7 were omitted and the reference to Schedule 16 included the words “except paragraphs 1 and 3”.

[F6(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.]

[F7(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 2 of Schedule 4 to that Act.

(7)The provisions referred to in subsection (6) are—

(a)sections 26, 77(3), 90 to 92, 94, 99, 194(2)(a), 196, 200, 205(3)(e), 215(1) and (2), 216, 218, 219, 221 to 236, 239(10)(a), 255, 270(9), 277(2) and (3), Schedule 14 and paragraphs 2(2)(a) and (3)(a) of Schedule 16;

(b)sections 121(11)(b), 197 and 198; and

(c)sections 202(4)(b) and 208(2) and paragraphs 1, 6(2)(b)(iii) and (3), 8(5) and (7) and 9(1), (3) and (4) of Schedule 16.

Textual Amendments

F1Words in s. 214(3) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 112(2)(a) (subject to art. 1(3))

F2Words in s. 214(3) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 112(2)(b) (subject to art. 1(3))

F3Words in s. 214(3) substituted (1.4.2001) by 2000 c. 38, s. 37, Sch. 5 para. 10(2) (with s. 106); S.I. 2001/869, art. 2

F4Words in s. 214(5) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 112(3) (subject to art. 1(3))

F5S. 214(5)(b): by 2000 c. 38, s. 37, Sch. 5 para. 10(3) (with s. 106); S.I. 2001/869, art. 2, it is provided (1.4.2001) that for the words “and the Civil Aviation Authority” there shall be substituted the words “, 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)”

F6S. 214(5A) inserted (1.4.2001) by 2000 c. 38, s. 37, Sch. 5 para. 10(4) (with s. 106); S.I. 2001/869, art. 2

F7S. 214(5B) inserted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 112(4) (subject to art. 1(3))

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