Gas Act 1965

28 Interpretation of Part II. E+W

(1) In this Part of this Act, unless the context otherwise requires—

• “compulsory purchase order” means an order confirmed under Schedule 1 to the M1 Acquisition of Land (Authorisation Procedure) Act 1946 or under Schedule 1 to the M2 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

• “controlled operations” has the meaning given by section 5 of this Act;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

• “danger” means danger of bodily harm or injury or danger to property, and “safe” and “safety” shall be construed accordingly;

• “fire authority” means an authority which for the time being is constituted a fire authority by the M3 Fire Services Act 1947 or any combination scheme made under that Act;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

• “Gazette” means, in relation to land in England and Wales, the London Gazette and, in relation to land in Scotland, the Edinburgh Gazette;

• [F3 “large-scale map” means a map drawn on a scale not less than 1 in 10,560;]

• F4 . . .

• “local authority” means, in England and Wales, [F5 the council of a county or district], the council of a London borough and the common council of the City of London, and, in Scotland a [F6 regional, islands or district]council;

• “local planning authority” in England and Wales has the meaning assigned to it by [F7 section 336(1) of the Town and Country Planning Act 1990], . . . F8 and, in Scotland, the meaning assigned to it by [F9 section 1 of the M4 Town and Country Planning (Scotland) Act 1972];

• [F10 “local water authority” means a water authority within the meaning of section 109(1) of the M5 Water (Scotland) Act 1980;]

• “Minister concerned with water resources” means—

[F11 (a) in relation to England and Wales, the Secretary of State;]

(d) in relation to land in Scotland, [F12 the Secretary of State for Scotland];

• “natural gas” means any gas derived from natural strata (including gas orginating outside the United Kingdom);

• “owner”, in relation to any land other than land in Scotland, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion and, in relation to any land in Scotland,—

(a) unless the land is held on a long lease, means, if the land if feudal property, the proprietor of thedominium utile or, if the land is not feudal property, the owner of the land;

(b) if the land is held on a long lease, means the lessee under that lease;

• and, for the purposes of this definition, “long lease” means a lease which has been, or is capable of being, recorded in the General Register of Sasines under the M6 Registration of Leases (Scotland) Act 1857;

• “planning Minister” means, in relation to England, the [F13 Secretary of State]and, in relation to Scotland or Wales, the Secretary of State;

• “planning permission” means permission under [F7 Part III of the M7 Town and Country Planning Act 1990 (other than sections 88 and 89)] or under [F9 Part III of the M8 Town and Country Planning (Scotland) Act 1972];

• F4 . . .

• “river purification authority” has the same meaning as in section 17 of the M9 Rivers (Prevention of Pollution) (Scotland) Act 1951;

• “statutory licence to abstract water”, in relation to England and Wales, means a licence under Part IV of the Water Resources Act 1963 and in relation to Scotland means a statutory right to take water;

• “statutory right to take water” means a right to take water conferred by an order under section [F14 17]of the M10 Water (Scotland) Act [F14 1980]or by a provisional order having effect in Scotland;

• “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 . . . F15 , . . . F16 hydraulic power F17 . . .;

• [F18 “statutory water undertakers” means any water undertaker]

• “storage authorisation order” means an order under section 4 of this Act;

• “underground gas storage” means a storage of gas in a stratum below the surface of the ground in accordance with a storage authorisation order or, if the context so requires, the stratum where gas is so stored.

(2) In this Part of this Act the expressions “protective area” and “storage area” have the meanings respectively assigned by section 5(1) of, and paragraph 1 of Schedule 2 to, this Act and, except where the context otherwise requires, any reference in this Part of this Act to a protective area or storage area includes all land and strata at all depths below the surface of the ground in the area.

(3) For the purposes of this Part of this Act Monmouthshire shall be deemed to be in Wales and not in England.

(4) In relation to Scotland for any reference in this Part of this Act to the Lands Tribunal there shall be substituted a reference to the Lands Tribunal for Scotland:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

F20 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Textual Amendments

F1 Definition of “the corporation” inserted by Gas Act 1972 (c. 60, SIF 44:2), Sch. 6 para. 14(9)(a) repealed by virtue of Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3)(4), Sch. 7 para. 6(1)(a), Sch. 8 para. 33, Sch. 9 Pt. I

F2 Definition of “Gas Authority” repealed by virtue of Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 6(24)(a), Sch. 8 para. 33

F3 Definition substituted by virtue of Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 6(24)(b), Sch. 8 para. 33

F4 Definition repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 27 Pt. I (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58.

F5 Words substituted by S.I. 1974/595, art. 3(12)

F6 Words substituted by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), Sch. 27 Pt. II para. 158

F7 Words substituted by virtue of Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 12(2)

F8 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

F9 Words substituted by Town and Country Planning Act (Scotland) Act 1972 (c. 52, SIF 123:2), Sch. 21 Pt. II

F10 Definition substituted (S.) by Water (Scotland) Act 1980 (c. 45, SIF 130), s. 112(1), Sch. 10 Pt. II

F11 Paragraph (a) substituted (E.W.) for paragraphs (a) to (c) by Water Act 1989 (c. 15, SIF 130), s. 190(1), Sch. 25 para. 32(5)(a) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58.

F12 Words substituted by S.I. 1970/1681, Sch. 3 para. 10(1)

F13 Words substituted by virtue of S.I. 1970/1681, arts. 2(1), 6(3)

F14 Words substituted (S.) by Water (Scotland) Act 1980 (c. 45, SIF 130), s. 112, Sch. 10 Pt. II

F15 Word repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35(1), Sch. 18

F16 Word repealed by Gas Act 1986 (c. 44, SIF 44:2), s. 67(4), Sch. 9 Pt. I

F17 Words repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 27 Pt. I (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58.

F18 Definition of “statutory water undertakers” substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 190(1), Sch. 25 para. 32(5)(b) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58.

F19 S. 28(4) proviso repealed by Statute Law (Repeals) Act 1978 (c. 45), Sch. 1 Pt. XVII

F20 S. 28(5) repealed (E.W.) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60), ss. 3, 4(2), Sch. 3 Pt. I (with Sch. 2 paras. 10, 14(1), 15)

Marginal Citations

M1 1946 c. 49.(28:1)

M2 1947 c. 42.(28:2)

M3 1947 c. 41.(50)

M4 1972 c. 52.(123:2)

M5 1980 c. 45.(130)

M6 1857 c. 26.(75:2)

M7 1990 c. 8.(123:1)

M8 1972 c. 52.(123:2)

M9 1951 c. 66.(46:4)

M10 1980 c. 45.(130)

28 Interpretation of Part II. S

(1) In this Part of this Act, unless the context otherwise requires—

• “compulsory purchase order” means an order confirmed under Schedule 1 to the M11 Acquisition of Land (Authorisation Procedure) Act 1946 or under Schedule 1 to the M12 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

• “controlled operations” has the meaning given by section 5 of this Act;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

• “danger” means danger of bodily harm or injury or danger to property, and “safe” and “safety” shall be construed accordingly;

• “fire authority” means an authority which for the time being is constituted a fire authority by the M13 Fire Services Act 1947 or any combination scheme made under that Act;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

• “Gazette” means, in relation to land in England and Wales, the London Gazette and, in relation to land in Scotland, the Edinburgh Gazette;

• [F23 “large-scale map” means a map drawn on a scale not less than 1 in 10,560;]

• “limits of supply”, in England and Wales in relation to any statutory water undertakers, means the limits within which the undertakers are for the time being authorised to supply water and, in Scotland in relation to any local water authority, has the meaning assigned to it by section [F24 109(1)] of the M14 Water (Scotland) Act [F24 1980];

• “local authority” means, in England and Wales, [F25 the council of a county or district], the council of a London borough and the common council of the City of London, and, in Scotland a [F26 regional, islands or district]council;

• “local planning authority” in England and Wales has the meaning assigned to it by [F27 section 336(1) of the Town and Country Planning Act 1990], . . . F28 and, in Scotland, the meaning assigned to it by [F29 section 1 of the M15 Town and Country Planning (Scotland) Act 1972];

• [F30 “local water authority” means a water authority within the meaning of section 109(1) of the M16 Water (Scotland) Act 1980;]

• “Minister concerned with water resources” means—

[F31 (a) in relation to England and Wales, the Secretary of State;]

(d) in relation to land in Scotland, [F32 the Secretary of State for Scotland];

• “natural gas” means any gas derived from natural strata (including gas orginating outside the United Kingdom);

• “owner”, in relation to any land other than land in Scotland, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion and, in relation to any land in Scotland,—

(a) unless the land is held on a long lease, means, if the land if feudal property, the proprietor of thedominium utile or, if the land is not feudal property, the owner of the land;

(b) if the land is held on a long lease, means the lessee under that lease;

• and, for the purposes of this definition, “long lease” means a lease which has been, or is capable of being, recorded in the General Register of Sasines under the M17 Registration of Leases (Scotland) Act 1857;

• “planning Minister” means, in relation to England, the [F33 Secretary of State]and, in relation to Scotland or Wales, the Secretary of State;

• “planning permission” means permission under [F27 Part III of the M18 Town and Country Planning Act 1990 (other than sections 88 and 89)] or under [F29 Part III of the M19 Town and Country Planning (Scotland) Act 1972];

• “river authority” means a river authority established under Part II of the M20 Water Resources Act 1963, the Conservators of the River Thames, the Lee Conservancy Catchment Board and the Isle of Wight River and Water Authority; and for the purposes of this Part of this Act the area of the Conservators of the River Thames shall be the Thames Catchment Area and the London excluded area (as defined in section 125(5) of the Water Resources Act 1963), and the area of the Lee Conservancy Catchment Board shall be the Lee Catchment Area;

• “river purification authority” has the same meaning as in section 17 of the M21 Rivers (Prevention of Pollution) (Scotland) Act 1951;

• “statutory licence to abstract water”, in relation to England and Wales, means a licence under Part IV of the Water Resources Act 1963 and in relation to Scotland means a statutory right to take water;

• “statutory right to take water” means a right to take water conferred by an order under section [F24 17]of the M22 Water (Scotland) Act [F24 1980]or by a provisional order having effect in Scotland;

• “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 . . . F34 , . . . F35 hydraulic power or water;

• “statutory water undertakers” has the same meaning as in the provisions of the M23 Water Act 1945, other than Part II of that Act;

• “storage authorisation order” means an order under section 4 of this Act;

• “underground gas storage” means a storage of gas in a stratum below the surface of the ground in accordance with a storage authorisation order or, if the context so requires, the stratum where gas is so stored.

(2) In this Part of this Act the expressions “protective area” and “storage area” have the meanings respectively assigned by section 5(1) of, and paragraph 1 of Schedule 2 to, this Act and, except where the context otherwise requires, any reference in this Part of this Act to a protective area or storage area includes all land and strata at all depths below the surface of the ground in the area.

(3) For the purposes of this Part of this Act Monmouthshire shall be deemed to be in Wales and not in England.

(4) In relation to Scotland for any reference in this Part of this Act to the Lands Tribunal there shall be substituted a reference to the Lands Tribunal for Scotland:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36

(5) In section 15 of this Act and in Part II of Schedule 4 to this Act the references to a protected right as defined in section 26 of the M24 Water Resources Act 1963 include references to a protected right within the meaning of the said section 26 as extended by section 56(1)(b) of that Act (pending applications for licences),and the said section 56(1) shall have effect as if the provisions of this Part of this Act referring to a statutory licence to abstract water were mentioned in paragraphs (a) and (b) of that subsection.

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Textual Amendments

F21 Definition of “the corporation” inserted by Gas Act 1972 (c. 60, SIF 44:2), Sch. 6 para. 14(9)(a) repealed by virtue of Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3)(4), Sch. 7 para. 6(1)(a), Sch. 8 para. 33, Sch. 9 Pt. I

F22 Definition of “Gas Authority” repealed by virtue of Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 6(24)(a), Sch. 8 para. 33

F23 Definition substituted by virtue of Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 6(24)(b), Sch. 8 para. 33

F24 Words substituted (S.) by Water (Scotland) Act 1980 (c. 45, SIF 130), s. 112, Sch. 10 Pt. II

F25 Words substituted by S.I. 1974/595, art. 3(12)

F26 Words substituted by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), Sch. 27 Pt. II para. 158

F27 Words substituted by virtue of Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 12(2)

F28 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

F29 Words substituted by Town and Country Planning Act (Scotland) Act 1972 (c. 52, SIF 123:2), Sch. 21 Pt. II

F30 Definition substituted (S.) by Water (Scotland) Act 1980 (c. 45, SIF 130), s. 112(1), Sch. 10 Pt. II

F31 Paragraph (a) substituted (E.W.) for paragraphs (a) to (c) by Water Act 1989 (c. 15, SIF 130), s. 190(1), Sch. 25 para. 32(5)(a) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58.

F32 Words substituted by S.I. 1970/1681, Sch. 3 para. 10(1)

F33 Words substituted by virtue of S.I. 1970/1681, arts. 2(1), 6(3)

F34 Word repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35(1), Sch. 18

F35 Word repealed by Gas Act 1986 (c. 44, SIF 44:2), s. 67(4), Sch. 9 Pt. I

F36 S. 28(4) proviso repealed by Statute Law (Repeals) Act 1978 (c. 45), Sch. 1 Pt. XVII

Marginal Citations

M11 1946 c. 49.(28:1)

M12 1947 c. 42.(28:2)

M13 1947 c. 41.(50)

M14 1980 c. 45.(130)

M15 1972 c. 52.(123:2)

M16 1980 c. 45.(130)

M17 1857 c. 26.(75:2)

M18 1990 c. 8.(123:1)

M19 1972 c. 52.(123:2)

M20 1963 c. 38.(130)

M21 1951 c. 66.(46:4)

M22 1980 c. 45.(130)

M23 1945 c. 42(130)

M24 1963 c. 38.(130)