C1 Part XI Statutory Undertakers
Preliminary
C2C94C51C108C78C37C99C20262 Meaning of “statutory undertakers”.
C3C751
Subject to the following provisions of this section, in this Act “statutory undertakers” means persons authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking or any undertaking for the supply of hydraulic power and a relevant airport operator (within the meaning of Part V of the M1Airports Act 1986).
2
Subject to the following provisions of this section, in this Act “statutory undertaking” shall be construed in accordance with subsection (1) and, in relation to a relevant airport operator (within the meaning of that Part), means an airport to which that Part of that Act applies.
3
Subject to F15subsections (5) to (5B), for the purposes of the provisions mentioned in subsection (4) any public gas transporter, water or F29sewerage undertaker, the Environment Agency, the Natural Resources Body for Wales, any universal postal service provider in connection with the provision of a universal postal service F19, the Civil Aviation Authority and a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services) shall be deemed to be statutory undertakers and their undertakings statutory undertakings.
4
The provisions referred to in subsection (3) are sections 55, 90, 101, 108(3), F1. . ., 139 to 141, 143, 148, 170(12)(b), 236(2)(a), 237 to 241, 245, 247(4)(b), 253, 257(2), 263(1) and (2), 264, 266 to 283, 288(10)(a), 306, 325(9), 336(2) and (3), paragraph 18 of Schedule 1 and Schedules 8, 13 and 14.
5
Subsection (4) shall apply—
a
as respects F16a universal postal service provider in connection with the provision of a universal postal service, as if the reference to sections 55, 247(4)(b), 253 and 257(2) were omitted; and
b
as respects F17a universal postal service provider in connection with the provision of a universal postal serviceF20, the Civil Aviation Authority and a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services) as if—
i
the references to sections 245, 263(1) and (2) and 336(2) and (3) were omitted; and
ii
after the words “ 266 to 283” there were inserted the words “
(except section 271 as applied by section 13 of the Opencast Coal Act 1958)
”
.
F215A
For the purposes of this Act
a
a person who holds a licence under Chapter I of Part I of the Transport Act 2000 shall not be considered to be a statutory undertaker unless the person is carrying out activities authorised by the licence;
b
the person's undertaking shall not be considered to be a statutory undertaking except to the extent that it is the person's undertaking as licence holder.
F185B
The undertaking of a universal postal service provider so far as relating to the provision of a universal postal service shall be taken to be his statutory undertaking for the purposes of this Act; and references in this Act to his undertaking shall be construed accordingly.
6
Any holder of a licence under section 6 of the M2Electricity Act 1989 shall be deemed to be a statutory undertaker and his undertaking a statutory undertaking—
a
for the purposes of the provisions mentioned in subsection (7)(a), if he holds a licence under subsection (1) of that section;
b
for the purposes of the provisions mentioned in subsection (7)(b), if he is entitled to exercise any power conferred by Schedule 3 to that Act; and
c
for the purposes of the provisions mentioned in subsection (7)(c), if he is entitled to exercise any power conferred by paragraph 1 of Schedule 4 to that Act.
7
The provisions referred to in subsection (6) are—
a
sections 55, 108(3), F1. . ., 139 to 141, 143, 148, 236(2)(a), 237, 245, 253, 263(1) and (2), 264, 266 to 283, 288(10)(a), 306, 325(9) and 336(2) and (3), paragraph 18 of Schedule 1 and Schedule 13;
b
sections 170(12)(b) and 238 to 241; and
c
sections 247(4) and 257(2) and Schedule 14.
263 Meaning of “operational land”.
1
Subject to the following provisions of this section and to section 264, in this Act “operational land” means, in relation to statutory undertakers—
a
land which is used for the purpose of carrying on their undertaking; and
b
land in which an interest is held for that purpose.
2
Paragraphs (a) and (b) of subsection (1) do not include land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used, or in which interests are held, for the purpose of the carrying on of statutory undertakings.
F22A
Subsection (1) does not apply in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000.
2B
Subject to section 264, in this Act “operational land” means, in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000, land—
a
which is used by the licence holder, or by a company associated with it, for the purpose of carrying out activities authorised by the licence, or
b
in which the licence holder, or a company associated with it, holds an interest for that purpose.
2C
If for the purposes of this Act a question arises whether land is operational land in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000 the question must be decided by the Secretary of State.
F32D
Subsection (1) does not apply in relation to a universal postal service provider.
F32E
Subject to subsections (3) and (4) and section 264, in this Act “operational land” means, in relation to a universal postal service provider, land—
a
which is used by the provider, or by a company associated with him, for any purpose in connection with the provision of a universal postal service, or
b
in which the provider, or a company associated with him, holds an interest for any such purpose.
3
In sections 108(3), F4. . ., 266 to 283 and Part II of Schedule 8 “operational land”, in relation to F5a universal postal service provider and the Civil Aviation Authority, means land of the F6provider’s or, as the case may be, of the Authority’s of any such class as may be prescribed by regulations.
4
Such regulations—
a
shall be made—
i
in the case of F7a universal postal service provider, by the appropriate Minister and the Secretary of State acting jointly; and
ii
in the case of the Civil Aviation Authority, by the appropriate Minister;
b
may define a class of land by reference to any circumstances whatsoever, and
c
in the case of the Civil Aviation Authority, may make provision for different circumstances, including prescribing different classes of land for the purposes of different provisions.
264 Cases in which land is to be treated as not being operational land.
1
This section applies where an interest in land is held by statutory undertakers for the purpose of carrying on their undertaking and—
a
the interest was acquired by them on or after 6th December 1968; or
b
it was held by them immediately before that date but the circumstances were then such that the land did not fall to be treated as operational land for the purposes of the 1962 Act.
2
Where this section applies in respect of any land then, notwithstanding the provisions of section 263, the land shall not be treated as operational land for the purposes of this Act unless it falls within subsection (3) or (4).
C16C18C111C35C115C33C24C31C76C95C87C105C89C81C73C120C34C23C74C110C122C121C123C1273
Land falls within this subsection if—
C4C7C8C9C11C12C107C50C32C55C58C70C46C96C59C114C106C17C67C83C77C15C66C92C36C45C60C100C44C69C43C101C90C62C79C98C63C53C26C118C39C52C64C91C41C40C113C93C38C82C97C86C104C57C30C48C71C54C116C112C25C22C28C42C49C103C85C65C68C14C80C21C47C109C117C61C72C29C27C102C56C88C119C19C124C125C126C128C129C130C131C132C133C134a
there is, or at some time has been, in force with respect to it a specific planning permission for its development; and
b
that development, if carried out, would involve or have involved its use for the purpose of the carrying on of the statutory undertakers’ undertaking.
4
Land falls within this subsection if—
a
the undertakers’ interest in the land was acquired by them as the result of a transfer under the provisions of the M3Transport Act 1968, the M4Transport (London) Act 1969, the M5Gas Act 1986, the M6Airports Act 1986 F8the Water Act 1989 or the Water Industry Act 1991F26or, in the case of land held by Canal & River Trust, the Public Bodies Act 2011 from other statutory undertakers; and
b
immediately before transfer the land was operational land of those other undertakers.
F234A
For the purposes of this section an interest in land acquired by Transport for London or any of its subsidiaries (within the meaning of the Greater London Authority Act 1999) under or by virtue of that Act shall be taken to have been acquired by Transport for London or that subsidiary at the time and in the manner in which it was acquired by the relevant predecessor.
4B
In subsection (4A) “relevant predecessor” means London Regional Transport or such other predecessor in title of Transport for London or the subsidiary of Transport for London as last acquired the interest in question—
a
as the result of such a transfer as is mentioned in paragraph (a) of subsection (4); and
b
in such circumstances as are mentioned in paragraph (b) of that subsection.
5
A specific planning permission for the purpose of subsection (3)(a) is a planning permission—
a
granted on an application in that behalf made under Part III; or
b
granted by provisions of a development order F27... granting planning permission generally for development which has received specific parliamentary approval; or
c
granted by a special development order in respect of development specifically described in the order;
F30ca
granted by a local development order or a neighbourhood development order; or
d
deemed to be granted by virtue of a direction of a government department under section 90(1).
6
In subsection (5)—
a
the reference in paragraph (a) to Part III includes a reference to Part III of the 1971 Act and the enactments in force before the commencement of that Act and replaced by Part III of it; and
b
the reference in paragraph (b) to development which has received specific parliamentary approval is a reference to development authorised—
i
by a local or private Act of Parliament,
ii
by an order approved by both Houses of Parliament; or
iii
by an order which has been brought into operation in accordance with the provisions of the M7Statutory Orders (Special Procedure) Act 1945,
being an Act or order which designates specifically both the nature of the development authorised by it and the land upon which it may be carried out;
c
the reference in paragraph (d) to section 90(1) includes a reference to section 40 of the 1971 Act, section 41 of the 1962 Act and section 35 of the 1947 Act.
7
This section shall not apply to land in the case of which an interest of the Postmaster General’s vested in the Post Office by virtue of section 16 of the M8Post Office Act 1969.
8
Where an interest in land is held by F9—
a
the Civil Aviation Authority, or
b
a person who holds a licence under Chapter I of Part I of the Transport Act 2000 or a company associated with that person,
this section shall not apply for the purpose of determining whether the land is operational land in relation to the Authority F10or the licence holder for the purposes of this act.
265 Meaning of “the appropriate Minister”.
1
Subject to the following provisions of this section, in this Act “the appropriate Minister” means—
F11a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C13F22a
in relation to statutory undertakers carrying on any railway, light railway, tramway, road transport, dock, harbour, pier or lighthouse undertaking, the Civil Aviation Authority, a person who holds a licence under Chapter 1 of Part 1 of the Transport Act 2000, or a relevant airport operator (within the meaning of Part 5 of the Airports Act 1986), the Secretary of State for Transport;
C10b
in relation to statutory undertakers carrying on an undertaking for the supply of hydraulic power, the F12Secretary of State for Trade and Industry;
c
in relation to F13a universal postal service provider, the Secretary of State for Trade and Industry; and
C102
For the purposes of sections 170(12), 266 to 280, 325(9) and 336(2) and (3) and Part II of Schedule 8, “the appropriate Minister”, in relation to a F14public gas transporter or a holder of a licence under section 6 of the M9Electricity Act 1989, means the F12Secretary of State for Trade and Industry.
3
For the purposes of sections 170(12), 266 to 280, 325(9) and 336(2) and (3) and Part II of Schedule 8 and Schedule 14 “the appropriate Minister”—
C6a
in relation to the National Rivers Authority, means the Secretary of State or the Minister of Agriculture, Fisheries and Food; F28...
C84F31aa
in relation to the Natural Resources Body for Wales, means the Secretary of State or the Secretary of State for Environment, Food and Rural Affairs; and
b
in relation to a water or sewerage undertaker, means the Secretary of State.
C64
References in this Act to the Secretary of State and the appropriate Minister—
a
if the appropriate Minister is not the one concerned as the Secretary of State, shall be construed as references to the Secretary of State and the appropriate Minister; and
b
if the one concerned as the Secretary of State is also the appropriate Minister, shall be construed as references to him alone,
and similarly with references to a Minister and the appropriate Minister and with any provision requiring the Secretary of State to act jointly with the appropriate Minister.
Pt XI (ss. 262-283) applied (10.11.1993) by 1993 c. 28, s. 169, Sch. 20 Pt. II para. 19(3); S.I. 1993/2762, art. 3
Pt. XI (ss. 262-283) modified (1.11.1995) by 1995 c. 25, s. 96, Sch. 13 para. 15(4)(a) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2
Pt. XI (ss. 262-283) applied (25.11.1998 for specified purposes otherwise 3.7.2000) by 1998 c. 45, s. 23, Sch. 6 para. 16(2)(3); S.I. 1998/2952, art. 2(1); S.I. 2000/1173, art. 2(2)(c)
Pt. XI (ss. 262-283) modified (1.11.1995) by 1995 c. 25, s. 96, Sch. 14 para. 13(4) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2