Enactments relating to statutory undertakers etc.E+W+S
1(1)The holder of a licence under section 6(1) of this Act shall be deemed to be a statutory undertaker and his undertaking a statutory undertaking for the purposes of the following enactments, namely—
(i)section 16 of the Public Health Act 1925;
(ii)the Public Health Act 1936;
(iii)section 33 of the Coal Act 1938;
(iv)Schedule 3 to the Water Act 1945;
(v)section 4 of the Requisitioned Land and War Works Act 1948;
[(vi)the Water Act 1948;]
(vii)the National Parks and Access to the Countryside Act 1949;
(viii)the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951;
(ix)the Landlord and Tenant Act 1954;
(x)the Opencast Coal Act 1958;
(xi)the Flood Prevention (Scotland) Act 1961;
(xii)section 17(10) of the Public Health Act 1961;
(xiii)the Pipe-lines Act 1962;
(xiv)Schedule 3 to the Harbours Act 1964;
(xv)Schedule 6 to the Gas Act 1965;
(xvi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xvii)section 40 of the Forestry Act 1967;
(xviii)section 50 of the Agriculture Act 1967;
(xix)section 38 of the Countryside (Scotland) Act 1967;
(xx)paragraph 6 of Schedule 2 to the Countryside Act 1968;
(xxi)section 22 of the Sewerage (Scotland) Act 1968;
(xxii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xxiii)sections 19, 108(2), 117, 121, 138, 154(3), 170 to 172, 175, 181, 202(3), 205, 211, 212, 214 to 230, 233(7), 242, 266(6)(b) and 275(2) of, and Schedule 8 and paragraphs 1 to 3 of Schedule 17 to, the Town and Country Planning (Scotland) Act 1972;
(xxiv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xxv)sections 51 . . . of the Land Compensation Act 1973;
(xxvi)sections 47 and 67 of the Land Compensation (Scotland) Act 1973;
(xxvii)Part III of the Control of Pollution Act 1974;
(xxviii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xxix)the Welsh Development Agency Act 1975;
(xxx)sections 15(3) and 26 of the Local Government (Miscellaneous Provisions) Act 1976;
(xxxi)the Development of Rural Wales Act 1976;
(xxxii)section 9(3) of the Inner Urban Areas Act 1978;
(xxxiii)the Ancient Monuments and Archaeological Areas Act 1979;
(xxxiv)Parts XII and XVI of the Local Government, Planning and Land Act 1980;
(xxxv)section 53 of the Civil Aviation Act 1982;
(xxxvi)section 30 of the Local Government (Miscellaneous Provisions) Act 1982;
(xxxvii)section 120 of the Civic Government (Scotland) Act 1982;
(xxxviii)section 2(2)(c) of the Cycle Tracks Act 1984;
(xxxix)the Building Act 1984;
(xl)section 283(2) of the Housing Act 1985;
(xli)paragraph 11 of Schedule 8 to the Housing (Scotland) Act 1987.
[(xlii)section 9 of the Enterprise and New Towns (Scotland) Act 1990.]
(2)References in the Landlord and Tenant Act 1927 to a statutory company shall be construed as including references to the holder of a licence under section 6(1) of this Act.
(3)In the Civil Defence Act 1939, references to public utility undertakers shall be construed as including references to a person who is carrying on activities which he is authorised by a licence or exemption to carry on and references to an electricity undertaking shall be construed as references to the undertaking carried on by any such person.
(4)The references in sections 73(11)(c) and 74(11)(b) of the Highways Act 1980 to electricity undertakers shall be construed as references to the holder of a licence under section 6(1)(a) of this Act.
[(5)The holder of a licence under section 6(1) of this Act shall be deemed to be an excepted undertaker for the purposes of section 6 of the Water Act 1981.]
(6)Paragraph 23 of Schedule 2 to the Telecommunications Act 1984 (undertakers’ works) shall apply to a licence holder for the purposes of any works carried out by him.
(7)The reference in section 82(4) of the Building Act 1984 (provisions with respect to demolition orders) to a person authorised by an enactment to carry on an undertaking for the supply of electricity shall be construed as a reference to a licence holder.
(8)A licence holder shall be deemed to be a public undertaker and his undertaking a public undertaking for the purposes of section 125 of, and paragraphs 9 and 10 of Schedule 8 to, the Housing (Scotland) Act 1987.
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2(1)A licence holder who is entitled to exercise any power conferred by Schedule 3 or 4 to this Act shall be deemed to be a statutory undertaker for the purposes of section 66 of the Countryside (Scotland) Act 1967 and section 11 of the Countryside Act 1968.
(2)A licence holder who is entitled to exercise any power conferred by Schedule 3 to this Act shall be deemed to be a statutory undertaker and his undertaking a statutory undertaking for the purposes of the following enactments, namely—
(a)the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;
(b)the New Towns (Scotland) Act 1968;
(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)sections 118, 119 and 195(6)(b) of the Town and Country Planning (Scotland) Act 1972;
(e)section 120 of the Local Government, Planning and Land Act 1980;
(f)the New Towns Act 1981;
(g)the Acquisition of Land Act 1981; and
(h)sections 47, 48, 49 and 51 of, and Schedule 9 to, the Civil Aviation Act 1982.
(3)The reference in section 48(6) of the Civil Aviation Act 1982 to an electricity undertaker shall be construed as a reference to a licence holder who is entitled to exercise any power conferred by Schedule 4 to this Act.
(4)A licence holder who is entitled to exercise any power conferred by paragraph 1 of Schedule 4 to this Act shall be deemed to be a statutory undertaker and his undertaking a statutory undertaking for the purposes of the following enactments, namely—
(a)section 26 of the Public Health Act 1925;
(b)section 17(1)(b) of the Requisitioned Land and War Works Act 1945;
(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)the Highways Act 1980; and
(e)sections 296 and 611 of the Housing Act 1985.
(5)References in the following enactments, namely—
(a)section 6 of the Local Government (Miscellaneous Provisions) Act 1953;
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)sections 176 and 185 of the Highways Act 1980; and
(d)paragraph 3 of Schedule 5 to the Road Traffic Regulation Act 1984;
to electricity undertakers shall be construed as references to licence holders entitled to exercise any power conferred by paragraph 1 of Schedule 4 to this Act.
(6)A licence holder entitled to exercise any power conferred by paragraph 1 of Schedule 4 to this Act shall be deemed to be a public utility undertaker for the purposes of the Highways Act 1980 and an undertaker for the purposes of section 160 of that Act.
(7)A licence holder who is entitled to exercise any power conferred by paragraph 2 of Schedule 4 to this Act shall be deemed to be a statutory undertaker and his undertaking a statutory undertaking for the purposes of the following enactments, namely—
(a)sections 198(3) and 199(2) of, and Schedule 18 to, the Town and Country Planning (Scotland) Act 1972; and
(b)the Roads (Scotland) Act 1984.
(8)References in the Local Government (Omnibus Shelters and Queue Barriers) (Scotland) Act 1958 and section 204 of the Town and Country Planning (Scotland) Act 1972 to electricity undertakers shall be construed as references to licence holders entitled to exercise any power conferred by paragraph 2 of Schedule 4 to this Act.
(9)It is immaterial for the purposes of this paragraph whether any power conferred by, or by any provision of, Schedule 3 or 4 to this Act on the holder of a licence under section 6(1)(a) or (2) of this Act is qualified by restrictions, exceptions or conditions included in the licence.
Textual Amendments
Marginal Citations
3(1)In the following enactments, namely—
[(a)the Water Act 1948;]
(b)section 39 of the Opencast Coal Act 1958 except in its application to Scotland;
(c)paragraph 2 of Schedule 6 to the Gas Act 1965;
(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e)the Welsh Development Agency Act 1975;
(f)the the Development of Rural Wales Act 1976;
(g)the New Towns Act 1981,
“the appropriate Minister”, in relation to a a licence holder, shall mean the [Secretary of State for Trade and Industry].
(2)In the following enactments, namely—
(a)section 39 of the Opencast Coal Act 1958 in its application to Scotland;
(b)the Pipe-lines Act 1962;
(c)Schedule 3 to the Harbours Act 1964;
(d)the New Towns (Scotland) Act 1968;
(e)sections 195(6), 214 to 227, 266(6)(b) and 275(2) of, and Schedule 8 to, the Town and Country Planning (Scotland) Act 1972;
(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g)section 121 of the Highways Act 1980;
(h)the Acquisition of Land Act 1981,
[(i)section 9 of the Enterprise and New Towns (Scotland) Act 1990;]“the appropriate Minister”, in relation to a licence holder, shall mean the Secretary of State.
Textual Amendments
Marginal Citations