F5 SCHEDULES
SCHEDULE 16 Minor and Consequential Amendments
Enactments relating to statutory undertakers etc.
2
1
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 M3Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;
b
the M4New Towns (Scotland) Act 1968;
c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
F2d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e
section 120 of the M5Local Government, Planning and Land Act 1980;
f
the M6New Towns Act 1981;
g
the M7Acquisition of Land Act 1981; and
h
sections 47, 48, 49 and 51 of, and Schedule 9 to, the M8Civil 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 M9Public Health Act 1925;
b
section 17(1)(b) of the M10Requisitioned Land and War Works Act 1945;
c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
d
the M11Highways Act 1980; and
e
sections 296 and 611 of the M12Housing Act 1985.
5
References in the following enactments, namely—
a
section 6 of the M13Local Government (Miscellaneous Provisions) Act 1953;
b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
c
sections 176 and 185 of the M14Highways Act 1980; and
d
paragraph 3 of Schedule 5 to the M15Road 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 F3. . ..
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—
F2a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
the M16Roads (Scotland) Act 1984.
8
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.