Search Legislation

Advanced Search

Gas Act 1965

Help about what version

What Version

Help about advanced features

Advanced Features

Status:

Point in time view as at 01/06/2009. There are multiple versions of this provision on screen. These apply to different geographical extents. This version of this provision has been superseded. Help about Status

Close

Status

You are viewing this legislation item as it stood at a particular point in time. status_warning_revised_p22i Sometimes the text of a provision is changed, but the change(s) only apply to a particular geographical area. In some limited cases where this happens, the editorial team create a version for each different geographical area. Multiple versions are only created in this way where the change in question is a substitution so that there are different versions of the text for the different extents. A later version of this provision including subsequent changes and effects supersedes these versions.

Changes to legislation:

There are currently no known outstanding effects for the Gas Act 1965, Section 28. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

28 Interpretation of Part II.E+W

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

  • [F1“the appropriate tribunal” means—

    (a)

    in relation to England and Wales, the Upper Tribunal;

    (b)

    in relation to Scotland, the Lands Tribunal for Scotland;]

  • “compulsory purchase order” means an order confirmed under Schedule 1 to the M1Acquisition of Land (Authorisation Procedure) Act 1946 or under Schedule 1 to the M2Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

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

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

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

  • [F3“fire and rescue authority” means a fire and rescue authority under the Fire and Rescue Services Act 2004;]

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

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

  • [F5“large-scale map” means a map drawn on a scale not less than 1 in 10,560;]

  • F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “local authority” means, in England F7. . . [F8the council of a county or district], the council of a London borough and the common council of the City of London, [F9in Wales, the council of a county or county borough] and, in Scotland a [F10regional, islands or district]council;

  • “local planning authority” in England and Wales has the meaning assigned to it by [F11section 336(1) of the Town and Country Planning Act 1990], . . . F12 and, in Scotland, the meaning assigned to it by [F13section 277(1)of the Town and Country Planning (Scotland) Act 1997];

  • [F14“local water authority” means a water authority within the meaning of section 109(1) of the M3Water (Scotland) Act 1980;]

  • “Minister concerned with water resources” means—

    (a)

    [F15in relation to England and Wales, the Secretary of State;]

    (d)

    in relation to land in Scotland, [F16the Secretary of State for Scotland];

  • “natural gas” means any gas derived from natural strata (including gas originating 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 the dominium 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 M4Registration of Leases (Scotland) Act 1857;

  • “planning Minister” means, in relation to England, the [F17Secretary of State]and, in relation to Scotland or Wales, the Secretary of State;

  • “planning permission” means permission under [F11Part III of the M5Town and Country Planning Act 1990 (other than sections 88 and 89)] or under [M6Part III of theTown and Country Planning (Scotland) Act 1972];

  • F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “river purification authority” has the same meaning as in section 17 of the M7Rivers (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 [F1817]of the M8Water (Scotland) Act [F181980]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 . . . F19, . . . F20hydraulic power F21. . .;

  • [F22“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.

F23(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Textual Amendments

F3Words in s. 28(1) substituted (E.W.) (1.10.2004 except in relation to W. and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 20(3); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F4Definition 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

F8Words substituted by S.I. 1974/595, art. 3(12)

F9Words in s. 28(1) inserted (1.4.1996) by 1994 c. 19, s.66(6), Sch. 16 para. 25; S.I. 1996/396, art. 4 Sch. 2

F13Words in s. 28(1) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch 2 para. 10(2)

F17Words substituted by virtue of S.I. 1970/1681, arts. 2(1), 6(3)

F22Definition 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)

Marginal Citations

M51990 c. 8.(123:1)

M61972 c. 52.(123:2)

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 M9Acquisition of Land (Authorisation Procedure) Act 1946 or under Schedule 1 to the M10Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

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

  • F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “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 M11Fire Services Act 1947 or any combination scheme made under that Act;

  • F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

  • [F27“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 [F28Scottish Water], has the meaning assigned to it by section [F29109(1)] of the M12Water (Scotland) Act [F291980];

  • “local authority” means, in England F30... [F31the council of a county or district], the council of a London borough and the common council of the City of London, [F32in Wales, the council of a county or county borough] and, in Scotland a [F33council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]council;

  • “local planning authority” in England and Wales has the meaning assigned to it by [F34section 336(1) of the Town and Country Planning Act 1990], F35... and, in Scotland, the meaning assigned to it by [F36section 277(1) of the Town and Country Planning (Scotland) Act 1997];

  • F37...

  • “Minister concerned with water resources” means—

[F38(a)in relation to England and Wales, the Secretary of State;]

(d)in relation to land in Scotland, [F39the 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 M13Registration of Leases (Scotland) Act 1857;

  • “planning Minister” means, in relation to England, the [F40Secretary of State]and, in relation to Scotland or Wales, the Secretary of State;

  • “planning permission” means permission under [F34Part III of the M14Town and Country Planning Act 1990 (other than sections 88 and 89)] or under [M15Part III of theTown and Country Planning (Scotland) Act 1972];

  • F41. . .

  • [F42“river purification authority” has the same meaning as in section 17 of the M16Rivers (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 [F4317]of the M17Water (Scotland) Act [F431980]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 F44... , F45... hydraulic power F46...;

  • [F47“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:

F48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F49(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E2This version of this provision extends to Scotland only; a separate version has been created for England & wales.

Textual Amendments

F26Definition 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

F31Words substituted by S.I. 1974/595, art. 3(12)

F32Words in s. 28(1) inserted (1.4.1996) by 1994 c. 19, s.66(6), Sch. 16 para. 25; S.I. 1996/396, art. 4 Sch. 2

F33Words in s. 28(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 66(2); S.I. 1996/323, art. 4

F36Words in s. 28(1) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 10(2)

F40Words substituted by virtue of S.I. 1970/1681, arts. 2(1), 6(3)

F42Definition in s. 28(1) ceased to have effect (1.4.1996) by S.I. 1996/973, reg. 2 Sch. para. 3(3)

F47Definition 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)

Marginal Citations

M141990 c. 8.(123:1)

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 M9Acquisition of Land (Authorisation Procedure) Act 1946 or under Schedule 1 to the M10Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

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

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25

  • “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 M11Fire Services Act 1947 or any combination scheme made under that Act;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26

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

  • [F27“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 [F29109(1)] of the M12Water (Scotland) Act [F291980];

  • “local authority” means, in England F30. . . [F31the council of a county or district], the council of a London borough and the common council of the City of London, [F32in Wales, the council of a county or county borough] and, in Scotland a [F33council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]council;

  • “local planning authority” in England and Wales has the meaning assigned to it by [F34section 336(1) of the Town and Country Planning Act 1990], . . . F35and, in Scotland, the meaning assigned to it by [F36section 277(1) of the Town and Country Planning (Scotland) Act 1997];

  • [F50“local water authority” means a water authority within the meaning of section 109(1) of the M18Water (Scotland) Act 1980;]

  • “Minister concerned with water resources” means—

[F38(a)in relation to England and Wales, the Secretary of State;]

(d)in relation to land in Scotland, [F39the 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 M13Registration of Leases (Scotland) Act 1857;

  • “planning Minister” means, in relation to England, the [F40Secretary of State]and, in relation to Scotland or Wales, the Secretary of State;

  • “planning permission” means permission under [F34Part III of the M14Town and Country Planning Act 1990 (other than sections 88 and 89)] or under [M15Part III of theTown and Country Planning (Scotland) Act 1972];

  • F41. . .

  • [F42“river purification authority” has the same meaning as in section 17 of the M16Rivers (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 [F4317]of the M17Water (Scotland) Act [F431980]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 . . . F44, . . . F45hydraulic power F46. . .;

  • [F47“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:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48

F49(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E2This version of this provision extends to Scotland only; a separate version has been created for England & wales.

Textual Amendments

F26Definition 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

F31Words substituted by S.I. 1974/595, art. 3(12)

F32Words in s. 28(1) inserted (1.4.1996) by 1994 c. 19, s.66(6), Sch. 16 para. 25; S.I. 1996/396, art. 4 Sch. 2

F33Words in s. 28(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 66(2); S.I. 1996/323, art. 4

F36Words in s. 28(1) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 10(2)

F40Words substituted by virtue of S.I. 1970/1681, arts. 2(1), 6(3)

F42Definition in s. 28(1) ceased to have effect (1.4.1996) by S.I. 1996/973, reg. 2 Sch. para. 3(3)

F47Definition 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)

Marginal Citations

M141990 c. 8.(123:1)

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 M9Acquisition of Land (Authorisation Procedure) Act 1946 or under Schedule 1 to the M10Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

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

  • F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “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 M11Fire Services Act 1947 or any combination scheme made under that Act;

  • F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

  • [F27“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 [F28Scottish Water], has the meaning assigned to it by section [F29109(1)] of the M12Water (Scotland) Act [F291980];

  • “local authority” means, in England F30... [F31the council of a county or district], the council of a London borough and the common council of the City of London, [F32in Wales, the council of a county or county borough] and, in Scotland a [F33council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]council;

  • “local planning authority” in England and Wales has the meaning assigned to it by [F34section 336(1) of the Town and Country Planning Act 1990], F35... and, in Scotland, the meaning assigned to it by [F36section 277(1) of the Town and Country Planning (Scotland) Act 1997];

  • F37...

  • “Minister concerned with water resources” means—

[F38(a)in relation to England and Wales, the Secretary of State;]

(d)in relation to land in Scotland, [F39the 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 M13Registration of Leases (Scotland) Act 1857;

  • “planning Minister” means, in relation to England, the [F40Secretary of State]and, in relation to Scotland or Wales, the Secretary of State;

  • “planning permission” means permission under [F34Part III of the M14Town and Country Planning Act 1990 (other than sections 88 and 89)] or under [M15Part III of theTown and Country Planning (Scotland) Act 1972];

  • F41. . .

  • [F42“river purification authority” has the same meaning as in section 17 of the M16Rivers (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 [F4317]of the M17Water (Scotland) Act [F431980]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 F44... , F45... hydraulic power F46...;

  • [F47“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:

F48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F49(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E2This version of this provision extends to Scotland only; a separate version has been created for England & wales.

Textual Amendments

F26Definition 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

F31Words substituted by S.I. 1974/595, art. 3(12)

F32Words in s. 28(1) inserted (1.4.1996) by 1994 c. 19, s.66(6), Sch. 16 para. 25; S.I. 1996/396, art. 4 Sch. 2

F33Words in s. 28(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 66(2); S.I. 1996/323, art. 4

F36Words in s. 28(1) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 10(2)

F40Words substituted by virtue of S.I. 1970/1681, arts. 2(1), 6(3)

F42Definition in s. 28(1) ceased to have effect (1.4.1996) by S.I. 1996/973, reg. 2 Sch. para. 3(3)

F47Definition 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)

Marginal Citations

M141990 c. 8.(123:1)

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 M9Acquisition of Land (Authorisation Procedure) Act 1946 or under Schedule 1 to the M10Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

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

  • F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “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 M11Fire Services Act 1947 or any combination scheme made under that Act;

  • F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

  • [F27“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 [F28Scottish Water], has the meaning assigned to it by section [F29109(1)] of the M12Water (Scotland) Act [F291980];

  • “local authority” means, in England and WalesF30... [F31the council of a county or district], the council of a London borough and the common council of the City of London, [F32in Wales, the council of a county or county borough] and, in Scotland a [F33council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]council;

  • “local planning authority” in England has the meaning assigned to it by [F34section 336(1) of the Town and Country Planning Act 1990], F35... and, in Scotland, the meaning assigned to it by [F36section 277(1) of the Town and Country Planning (Scotland) Act 1997];

  • F37...

  • “Minister concerned with water resources” means—

[F38(a)in relation to England and Wales, the Secretary of State;]

(d)in relation to land in Scotland, [F39the 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 M13Registration of Leases (Scotland) Act 1857;

  • “planning Minister” means, in relation to England, the [F40Secretary of State]and, in relation to Scotland or Wales, the Secretary of State;

  • “planning permission” means permission under [F34Part III of the M14Town and Country Planning Act 1990 (other than sections 88 and 89)] or under [M15Part III of theTown and Country Planning (Scotland) Act 1972];

  • F41. . .

  • [F42“river purification authority” has the same meaning as in section 17 of the M16Rivers (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 [F4317]of the M17Water (Scotland) Act [F431980]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 F44... , F45... hydraulic power F46...;

  • [F47“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:

F48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F49(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E2This version of this provision extends to Scotland only; a separate version has been created for England & wales.

Textual Amendments

F26Definition 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

F31Words substituted by S.I. 1974/595, art. 3(12)

F32Words in s. 28(1) inserted (1.4.1996) by 1994 c. 19, s.66(6), Sch. 16 para. 25; S.I. 1996/396, art. 4 Sch. 2

F33Words in s. 28(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 66(2); S.I. 1996/323, art. 4

F36Words in s. 28(1) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 10(2)

F40Words substituted by virtue of S.I. 1970/1681, arts. 2(1), 6(3)

F42Definition in s. 28(1) ceased to have effect (1.4.1996) by S.I. 1996/973, reg. 2 Sch. para. 3(3)

F47Definition 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)

Marginal Citations

M141990 c. 8.(123:1)

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 M9Acquisition of Land (Authorisation Procedure) Act 1946 or under Schedule 1 to the M10Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

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

  • F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “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 M11Fire Services Act 1947 or any combination scheme made under that Act;

  • F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

  • [F27“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 [F28Scottish Water], has the meaning assigned to it by section [F29109(1)] of the M12Water (Scotland) Act [F291980];

  • “local authority” means, in England F30... [F31the council of a county or district], the council of a London borough and the common council of the City of London, [F32in Wales, the council of a county or county borough] and, in Scotland a [F33council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]council;

  • “local planning authority” in England and Wales has the meaning assigned to it by [F34section 336(1) of the Town and Country Planning Act 1990], F35... and, in Scotland, the meaning assigned to it by [F36section 277(1) of the Town and Country Planning (Scotland) Act 1997];

  • F37...

  • “Minister concerned with water resources” means—

[F38(a)in relation to England and Wales, the Secretary of State;]

(d)in relation to land in Scotland, [F39the 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 M13Registration of Leases (Scotland) Act 1857;

  • “planning Minister” means, in relation to England, the [F40Secretary of State]and, in relation to Scotland or Wales, the Secretary of State;

  • “planning permission” means permission under [F34Part III of the M14Town and Country Planning Act 1990 (other than sections 88 and 89)] or under [M15Part III of theTown and Country Planning (Scotland) Act 1972];

  • F41. . .

  • [F42“river purification authority” has the same meaning as in section 17 of the M16Rivers (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 [F4317]of the M17Water (Scotland) Act [F431980]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 F44... , F45... hydraulic power F46...;

  • [F47“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:

F48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F49(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E2This version of this provision extends to Scotland only; a separate version has been created for England & wales.

Textual Amendments

F26Definition 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

F31Words substituted by S.I. 1974/595, art. 3(12)

F32Words in s. 28(1) inserted (1.4.1996) by 1994 c. 19, s.66(6), Sch. 16 para. 25; S.I. 1996/396, art. 4 Sch. 2

F33Words in s. 28(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 66(2); S.I. 1996/323, art. 4

F36Words in s. 28(1) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 10(2)

F40Words substituted by virtue of S.I. 1970/1681, arts. 2(1), 6(3)

F42Definition in s. 28(1) ceased to have effect (1.4.1996) by S.I. 1996/973, reg. 2 Sch. para. 3(3)

F47Definition 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)

Marginal Citations

M141990 c. 8.(123:1)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources

The data on this page is available in the alternative data formats listed: