SCHEDULES

Section 19.

SCHEDULE 2 U.K. Application of Enactments Relating to Statutory Undertakers, Etc.

1 [F1 (1) Section 39(3) of the Public Health Act 1936 (which exempts buildings belonging to statutory undertakers from certain drainage requirements) shall apply in relation to the CAA as it applies in relation to statutory undertakers but as if in the proviso to the said section 39(3) (which excludes from exemption houses and buildings used as offices and showrooms)the references to offices or showrooms did not include offices or showrooms on any aerodrome owned by the CAA.] U.K.

(2) Section 330 of the said Act of 1936 (power of certain undertakers in England and Wales to alter sewers), section 333 of that Act (protection of certain undertakings in England and Wales from works executed under that Act) and section 107 of the M1 Public Health (Scotland) Act 1897 (protection of certain undertakings in Scotland from works connected with sewers) shall apply in relation to the CAA and any property owned by the CAA as they apply in relation to a railway company and its railway.

Textual Amendments

F1 Sch. 2 para. 1(1) repealed (E.W.) by Building Act 1984 (c. 55, SIF 15), s. 133(2), Sch. 7

Marginal Citations

M1 1897 c. 38.

2 U.K. F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 2 para. 2 repealed (14.11.2005) by Civil Contingencies Act 2004 (c. 36), ss. 32, 34, Sch. 3; S.I. 2005/2040, art. 3(r)

[F3 3 (1) Section 93 of Schedule 3 to the M2 Water Act 1945 and section 45 of Schedule 4 to the M3 Water (Scotland) Act 1980 which relate to the protection of certain statutory undertakers) shall apply with the necessary modifications in relation to any works along, upon or under any property owned by the CAA which statutory water undertakers propose to execute, whether or not the said section 93 or the said section 45 has been applied to the undertakers by an order under the said Act of 1945 or the said Act of 1980. U.K.

(2) In sub-paragraph (1) above “statutory water undertakers” means—

(a) in relation to England and Wales, statutory water undertakers within the meaning of the M4 Water Act 1973 and includes a person authorised to construct works by an order under section 23 of the Water Act 1945; and

(b) in relation to Scotland, [F4 Scottish Water.] .]

Textual Amendments

F3 Sch. 2 para. 3 repealed (E.W.) by Water Act 1989 (c.15, SIF 130), s. 190(3), Sch. 27 (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)-(10), 190, 193(1), Sch. 26 paras.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)

F4 Words in Sch. 2 para. 3(2)(b) substituted (S.) (14.7.2004) by The Water Industry (Scotland) Act 2002 (Consequential Modifications) Order 2004 (S.I. 2004/1822), art. 2, Sch. para. 11

Marginal Citations

M2 1945 c. 42.

M3 1980 c. 45.

M4 1973 c. 37.

4 U.K. The CAA shall be deemed to be statutory undertakers and its undertaking a statutory undertaking for the purposes of the following enactments, that is to say—

• the M5 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

• section 4 of the M6 Requisitioned Land and War Works Act 1948;

• the National Parks and Access to the M7 Countryside Act 1949;

• the M8 Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951;

• the M9 Landlord and Tenant Act 1954;

• [F5 sections F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .296 and 611 of the M10 Housing Act 1985];

• section 39(6)(b) of the M11 Opencast Coal Act 1958;

• section 11 of the M12 Land Compensation Act 1961;

• [F7 section 3(4) of the Flood Prevention (Scotland) Act 1961;]

• the M13 Pipe-lines Act 1962;

• section 18 of the M14 Land Compensation (Scotland) Act 1963;

• Schedule 3 and (pending the coming into force of its repeal by the M15 Transport Act 1981) Schedule 5 to the M16 Harbours Act 1964;

• Schedule 6 to the M17 Gas Act 1965;

• [F8 section 10(4) of the M18 Highlands and Islands Development (Scotland) Act 1965;]

• sections 11(5)(f), 54(6) and 75(4) of, and Schedule 3 to, the M19 Countryside (Scotland) Act 1967;

• the M20 New Towns (Scotland) Act 1968;

• paragraph 6 of Schedule 2 to the M21 Countryside Act 1968;

• section 22 of the M22 Sewerage (Scotland) Act 1968;

• [F9 section 39 of the M23 Roads (Scotland) Act 1970;]

• F10 . . .

• F11 . . .

• [F12 section 140 of the Roads (Scotland) Act 1984.]

• [F13 section 9 of the Enterprise and New Towns (Scotland) Act 1990]

Textual Amendments

F5 Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 52

F6 Sch. 2 para. 4: word in entry repealed (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 266, 270, Sch. 16; S.I. 2006/1060, art. 2(e)(iii); S.I. 2006/1535, art. 2(c)(iii)

F7 Words in Sch. 2 para. 4 repealed (S.) (24.12.2010) by Flood Risk Management (Scotland) Act 2009 (asp 6), s. 97(1), Sch. 3 para. 3 (with s. 91); S.S.I. 2010/401, art. 3(h)

F8 Words repealed (E.W.S) (1.4.1991) by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(2), Sch. 5 Pt. III

F9 Words repealed (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1)(3), Sch. 9 para. 85(3)(a), Sch. 11

F10 Entries relating to the Town and Country Planning Act 1971 repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I

F11 Entry relating to the Town and Country Planning (Scotland) Act 1972 in Sch. 2 para. 4 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F12 Words added (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 85(3)(b)

F13 Words added (1.4.1991) (E.W.S) by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(1), Sch. 4 para. 12

Marginal Citations

M5 1947 c. 42.

M6 1948 c. 17.

M7 1949 c. 97.

M8 1951 c. 65.

M9 1954 c. 56.

M10 1985 c. 68.

M11 1958 c. 69.

M12 1961 c. 33.

M13 1962 c. 58.

M14 1963 c. 51.

M15 1981 c. 56.

M16 1964 c. 40.

M17 1965 c. 36.

M18 1965 c. 46.

M19 1967 c. 86.

M20 1968 c. 16.

M21 1968 c. 41.

M22 1968 c. 47.

M23 1970 c. 20.

5 U.K. In the following enactments, that is to say—

• section 13 of the M24 Pipe-lines Act 1962,

• the M25 New Towns (Scotland) Act 1968,

• . . . F14

• F15 . . .

• the M26 New Towns Act 1981,

“operational land” shall, in relation to the CAA, means land of the CAA's of any such class as may be prescribed; and—

(a) the definition of a class of land for the purposes of regulations made in pursuance of this paragraph may be framed by reference to any circumstances whatsoever; and

(b) without prejudice to paragraph 1 of Part III of Schedule 13 to this Act, regulations so made may prescribe different classes of land for the purposes of different enactments mentioned in the preceding provisions of this paragraph; and

(c) if any question arises whether land of the CAA’s falls within a class prescribed in pursuance of this paragraph, it shall be determined by the Secretary of State.

Textual Amendments

F14 Entries relating to the Town and Country Planning Act 1971 repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I

F15 Entry relating to the Town and Country Planning (Scotland) Act 1972 in Sch. 2 para. 5 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. 1 (with s. 5, Sch. 3)

Marginal Citations

M24 1962 c. 58.

M25 1968 c. 16.

M26 1981 c. 64.

6 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

Textual Amendments

F16 Sch. 2 para. 6 repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), s. 3, Sch. 1 Pt. I

F17 7 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17 Sch. 2 para. 7 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. 1