SCHEDULES

Section 58

SCHEDULE 2 E+W+S Application of Enactments Relating to Statutory Undertakers etc.

General application of enactments E+W+S

1 (1) Any airport to which this Part applies shall be deemed to be a statutory undertaking, and a relevant airport operator a statutory undertaker, for the purposes of the following enactments, namely—

• the M1 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

• The M2 New Towns (Scotland) Act 1968;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 ;

• the M3 Town and Country Planning (Scotland) Act 1972;

• Part I of the M4 Local Government (Miscellaneous Provisions) Act 1976;

• the M5 Development of Rural Wales Act 1976;

• the M6 New Towns Act 1981;

• the M7 Acquisition of Land Act 1981; and

• sections 283, 296 and 611 of the M8 Housing Act 1985;

and for the purposes of any other enactment in which “statutory undertakers” or “statutory undertaking” has the meaning assigned to it by section 275(1) of the Town and Country Planning (Scotland) Act 1972.

(2) In the following enactments namely—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 ,

• the M9 Town and Country Planning (Scotland) Act 1972, and

• the M10 New Towns Act 1981,

• “the appropriate Minister” shall, in relation to a relevant airport operator, mean the Secretary of State for Transport.

Textual Amendments

F1 Words repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I

Marginal Citations

M1 1947 c. 42.

M2 1968 c. 16.

M3 1972 c. 52.

M4 1976 c. 57

M5 1976 c. 75.

M6 1981 c. 64.

M7 1981 c. 67.

M8 1985 c. 68.

M9 1972 c. 52.

M10 1981 c. 64.

Application of particular enactments E+W+S

2 E+W+SIn the M11 Public Health Act 1936—

(a) section 330 (power of certain undertakers in England and Wales to alter sewers), and

(b) section 333 (protection of certain such undertakers from works executed under that Act),

shall apply in relation to a relevant airport operator and the airport in question as they apply in relation to a railway company and its railway.

Marginal Citations

M11 1936 c. 49.

[F2 3 (1) The following provisions (which relate to the protection of certain statutory undertakers), namely— E+W+S

• section 93 of Schedule 3 to the M12 Water Act 1945, and

• section 45 of Schedule 4 to the M13 Water (Scotland) Act 1980,

shall apply with the necessary modifications in relation to any works which statutory water undertakers propose to execute along, upon or under any airport to which this Part applies, whether or not section 93 or section 45 has been applied to the undertakers by an order under that Act of 1945 or (as the case may be) under that Act of 1980.

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

(a) in relation to England and Wales, statutory water undertakers within the meaning of the 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, a water authority within the meaning of the Water (Scotland) Act 1980.]

Textual Amendments

F2 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)

Marginal Citations

M12 1945 c. 42.

M13 1980 c. 45.

4 E+W+SA relevant airport operator shall be deemed to be a public undertaker for the purposes of section [F3 56][F3 125] of the M14 Housing (Scotland) Act [F3 1966][F3 1987] (demolition of obstructive buildings).

Textual Amendments

F3 Words “125” and “1987” substituted (S.) for “56” and “1966” by Housing (Scotland) Act 1987 (c. 26, SIF 61), s. 339, Sch. 23 para. 32

Marginal Citations

M14 1966 c. 49.

5 For the purposes of section 112 of the M15 Land Drainage Act 1976 (protection of nationalised undertakings, etc.) an airport to which this Part applies shall be deemed to be an undertaking to which that section applies and the airport operator shall accordingly be deemed to be a person carrying on such an undertaking.

Marginal Citations

M15 1976 c. 70.

6 E+W+SIn the M16 Building Act 1984—

(a) section 4(1)(b) (exemption of buildings of statutory undertakers from building regulations), and

(b) section 59(4) (exemption of such buildings from provisions relating to drainage),

shall apply in relation to a relevant airport operator as they apply in relation to statutory undertakers, but as if in those provisions any reference to a house included a hotel, and any reference to offices or showrooms did not include offices or showrooms on any airport to which this Part applies.

Marginal Citations

M16 1984 c. 55.