Electricity Act 1989

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 [1967 c. 86.] Countryside (Scotland) Act 1967 and section 11 of the [1968 c. 41.] 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 [1947 c. 42.] Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

(b) the [1968 c. 16.] New Towns (Scotland) Act 1968;

(c) sections 128, 129 and 206(6)(b) of the [1971 c. 78.] Town and Country Planning Act 1971;

(d) sections 118, 119 and 195(6)(b) of the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972;

(e) section 120 of the [1980 c. 65.] Local Government, Planning and Land Act 1980;

(f) the [1981 c. 64.] New Towns Act 1981;

(g) the [1981 c. 67.] Acquisition of Land Act 1981; and

(h) sections 47, 48, 49 and 51 of, and Schedule 9 to, the [1982 c. 16.] 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 [1925 c. 71.] Public Health Act 1925;

(b) section 17(1)(b) of the [1945 c. 43.] Requisitioned Land and War Works Act 1945;

(c) sections 209(3) and 210(2) of, and Schedule 20 to, the [1971 c. 78.] Town and Country Planning Act 1971;

(d) the [1980 c. 66.] Highways Act 1980; and

(e) sections 296 and 611 of the [1985 c. 68.] Housing Act 1985.

(5) References in the following enactments, namely—

(a) section 6 of the [1953 c. 26.] Local Government (Miscellaneous Provisions) Act 1953;

(b) section 215 of the Town and Country Planning Act 1971;

(c) sections 176 and 185 of the [1980 c. 66.] Highways Act 1980; and

(d) paragraph 3 of Schedule 5 to the [1984 c. 27.] 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 [1972 c. 52.] Town and Country Planning (Scotland) Act 1972; and

(b) the [1984 c. 54.] Roads (Scotland) Act 1984.

(8) References in the [1958 c. 50.] 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.