Modifications etc. (not altering text)
C1Pt. XII (ss. 102-111) extended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(1)(xxviii); S.I. 1996/218, art. 2
C2Pt. XII extended by Gas Act 1986 (c. 44, SIF 44), s. 67(1)(3), Sch. 7 para. 2(1)(xxxix), Sch. 8 para. 33
C3Pt. XII (ss. 102–111) extended (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 190(1), Sch. 25 para. 1(2)(xxiv) (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)
C4Pt. XII (ss. 102–111), Pt. XVI (ss. 134–172) extended by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1), Sch. 16 para. 1(1)(xxxiv) (with s. 112(3), Sch. 17 paras. 33, 35(1))
(1)In this Part of this Act, unless the context otherwise requires, “statutory undertakers” means—
(a)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 F1, F2[F3hydraulic power or water][F3or hydraulic power]
(b). . . F4 the Civil Aviation Authority, [F5. . .], the Post Office and any other authority, body or undertakers which by virtue of any enactment are to be treated as statutory undertakers for any of the purposes of [F6the 1990 Act], and
(c)any other authority, body or undertakers specified in an order made by the Secretary of State under this paragraph,
and “statutory undertaking” shall be construed accordingly.
(2)In this Part of this Act the expression “the appropriate Minister", and any reference to the Secretary of State and the appropriate Minister—
(a)in relation to any statutory undertakers who are also statutory udertakers for the purposes of any provision of Part XI of [F6the 1990 Act], shall have the same meanings as in the said Part XI, and
(b)in relation to any other statutory undertakers, shall have the meanings given by an order made by the Secretary of State under this subsection.
(3)If, in relation to anything required or authorised to be done under this Part of this Act, any question arises as to which Minister is the appropriate Minister in relation to any statutory undertakers, that question shall be determined by the Treasury.
(4)An order made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Textual Amendments
F1Word repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(4), Sch. 18 (with s. 112(3), Sch. 17 para. 35(1))
F2Words repealed by Gas Act 1986 (c. 44, SIF 44), s. 67(4), Sch. 9 Pt. I
F3Words “or hydraulic power" substituted (E.W.) for “hydraulic power or water" by Water Act 1989 (c. 15, SIF 130), s. 190(1), Sch. 25 para. 61(3) (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)
F4Words repealed by Airports Act 1986 (c. 31, SIF 9), s. 83(5), Sch. 6 Pt. I
F5S. 108: words in para.(b) in definition of
“statutory undertakers”
repealed (31.10.1994) by 1994 c. 21, s. 67, Sch. 9 para. 25(1), Sch. 11 Pt. II (with ss. 40(7), 66); S.I. 1994/2553, art. 2
F6Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 44(3)