C3 Part XI Statutory Undertakers
Preliminary
C1C4262 Meaning of “statutory undertakers”.
C21
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 F1subsections (5) to (5B), for the purposes of the provisions mentioned in subsection (4) any public gas transporter, water or F9sewerage 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 F2, 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), F3. . ., 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 F4a 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 F5a universal postal service provider in connection with the provision of a universal postal serviceF6, 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)
”
.
F75A
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.
F85B
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), F3. . ., 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.
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