(1)In this Act “the appropriate Minister” means—
(a)in relation to statutory undertakers carrying on any railway, light railway, tramway, road transport, dock, harbour or pier undertaking, the Secretary of State for Transport;
(b)in relation to statutory undertakers carrying on an undertaking for the supply of . . . F1 hydraulic power, the [F2Secretary of State for Trade and Industry];
(c)in relation to . . . F3 the Civil Aviation Authority or statutory undertakers carrying on any lighthouse undertaking, the Secretary of State for Trade;
(d)in relation to [F4a universal postal service provider] . . . F5, the Secretary of State for Industry;
(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6
(f)in relation to any other statutory undertakers, the Secretary of State for the Environment.
(2)References in this Act to the Secretary of State and the appropriate Minister have effect—
(a)as references to the Secretary of State and the appropriate Minister, if the appropriate Minister is not the one concerned as the Secretary of State; and
(b)as references to the one concerned as the Secretary of State alone, if he is also the appropriate Minister.
(3)If any question arises—
(a)in relation to anything required or authorised to be done under this Act as to which Minister is or was the appropriate Minister in relation to any statutory undertakers, that question shall be determined by the Treasury;
(b)in relation to the authorisation under this Act of a compulsory acquisition of land, whether land of statutory undertakers is operational land, that question shall be determined by the Secretary of State and the appropriate Minister.
Textual Amendments
F1Words repealed by virtue of Gas Act 1986 (c. 44, SIF 44:2), s. 67(4), Sch. 9 Pt. I and by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(4), Sch. 18 (with s. 112(3), Sch. 17 para. 35(1) )
F2Words in s. 78(1) substituted (5.7.1992) by S.I. 1992/1314, art. 3(3), Sch. 1, para. 1(c)
F3Words repealed by Airports Act 1986 (c. 31, SIF 9), s. 83(5), Sch. 6 Pt. I
F4Words in s. 78(1)(d) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 51 (subject to art. 1(3))
F5Words repealed by Telecommunications Act 1984 (c. 12, SIF 96), Sch. 7 Pt. I
F6S. 78(1)(e) repealed by Water Act 1989 (c. 15, SIF 130), s. 190(3), Sch. 27 Pt.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)
Modifications etc. (not altering text)
C1S. 78(1)(a) transfer of functions (7.5.2008) by Transfer of Functions (Miscellaneous) Order 2008 (S.I. 2008/1034), arts. 1(2), 5
C2S. 78(1)(b) transfer of functions (5.3.2009) by Secretary of State for Energy and Climate Change Order 2009 (S.I. 2009/229), arts. 1(2), 4, Sch. 1(b)
C3S. 78(1)(f) transfer of functions (7.5.2008) by Transfer of Functions (Miscellaneous) Order 2008 (S.I. 2008/1034), arts. 1(2), 5