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Textual Amendments

F1Sch. 1 repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

F1 SCHEDULES

SCHEDULE 16U.K. Minor and Consequential Amendments

Enactments relating to statutory undertakers etc.E+W+S

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 M1Countryside (Scotland) Act 1967 and section 11 of the M2Countryside Act 1968.E+W+S

(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

F3(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(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 F4. . ..

(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—

F3(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the M16Roads (Scotland) Act 1984.

(8)References in the M17Local Government (Omnibus Shelters and Queue Barriers) (Scotland) Act 1958 F5. . . 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

F3Sch. 16 para. 2 (2)(d)(7)(a) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F5Words in Sch. 16 para. 2(8) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

Marginal Citations