Part XIStatutory Undertakers

Preliminary

265Meaning of “the appropriate Minister”

1

Subject to the following provisions of this section, in this Act “the appropriate Minister” means—

a

in relation to statutory undertakers carrying on any railway, light railway, tramway, road transport, dock, harbour, pier or lighthouse undertaking, the Civil Aviation Authority or a relevant airport operator (within the meaning of Part V of the [1986 c. 31.] Airports Act 1986), the Secretary of State for Transport;

b

in relation to statutory undertakers carrying on an undertaking for the supply of hydraulic power, the Secretary of State for Energy;

c

in relation to the Post Office, the Secretary of State for Trade and Industry; and

d

in relation to any other statutory undertakers, the Secretary of State for the Environment.

2

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 public gas supplier or a holder of a licence under section 6 of the [1989 c. 29.] Electricity Act 1989, means the Secretary of State for Energy.

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”—

a

in relation to the National Rivers Authority, means the Secretary of State or the Minister of Agriculture, Fisheries and Food; and

b

in relation to a water or sewerage undertaker, means the Secretary of State.

4

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.