Local Government, Planning and Land Act 1980

170 Interpretation: statutory undertakers etc. E+W+S

(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 [F3 or hydraulic power]

(b) . . . F4 the Civil Aviation Authority, the [F5 British Coal Corporation], 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 [F6 the 1990 Act] or of the 1972 Act.

(c) any other authority, body or undertakers specified in an order made by the Secretary of State under this paragraph, and

(d) any wholly-owned subsidiary [F7 as defined by section 736][F8 of the M1 Companies Act 1985] of any person, authority, body or undertakers mentioned in paragraphs (a) and (b) above or specified in an order made under paragraph (c) above,

and “statutory undertaking” shall be construed accordingly.

(2) In section 141 above “statutory undertakers” also includes British Shipbuilders F9 F10 . . ., and any wholly-owned subsidiary [F7 as defined by section 736][F8 of the M2 Companies Act 1985] of any of them.

(3) 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 undertakers for the purposes of any provision of Part XI of [F6 the 1990 Act] or Part XI of the 1972 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.

(4) 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.

(5) An order made under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F1 Word repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(4), Sch. 18 (with s. 112(3), Sch. 17 para. 35(1))

F2 Words repealed by Gas Act 1986 (c. 44, SIF 44), s. 67(4), Sch. 9 Pt. I

F3 Words substituted by Water Act 1989 (c. 15, SIF 130), s. 190(1), Sch. 25 para. 61(4) (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)

F4 Words repealed by Airports Act 1986 (c. 31, SIF 9), s. 83(5), Sch. 6 Pt. I

F5 Words substituted by Coal Industry Act 1987 (c. 3, SIF 86), s. 1(2), Sch. 1 para. 38

F6 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 44(7)

F7 Words substituted as provided by Companies Act 1989 (c. 40, SIF 27), ss. 144(4), 213(2), Sch. 18 para. 24

F8 Words substituted by Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), s. 30, Sch. 2

F9 Words repealed by British Steel Act 1988 (c. 35, SIF 70), s. 16(3), Sch. 2 Pt. I

F10 Words in s. 170(2) repealed (6.1.1992) by British Technology Group Act 1991 (c. 66, SIF 64), s. 17(2), Sch. 2, Pt.I; S.I. 1991/2721, art.2.

Marginal Citations

M1 1985 c. 9 (27).

M2 1985 c. 9 (27).