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Part VE+W+S Supplemental

Commencement Information

I1 Part V wholly in force at 30. 11. 1991 see s. 54(2) and S.I. 1991/2508, art.2

GeneralE+W+S

52 Interpretation etc.E+W+S

F1(1)In this Act, unless the context otherwise requires—

(a)in relation to England and Wales, have the meanings given by section 109 of the M1Agriculture Act 1947;

(b)in relation to Scotland, have the meanings given by section 86 of the M2Agriculture (Scotland) Act 1948;

(a)in relation to England and Wales, has the meaning given by section 171(1) of the M3Town and Country Planning Act 1990;

(b)in relation to Scotland, has the meaning given by section 196(1) of the M4Town and Country Planning (Scotland) Act 1972;

(a)in relation to England and Wales, means any building or part of a building used wholly or partly as a private dwelling, together with any yard, garden, outhouses and appurtenances belonging to or usually enjoyed with that building or part;

(b)in relation to Scotland, means a house including any part of a building, being a part which is occupied or intended to be occupied as a separate dwelling, and including, in particular, any flat, together with any yard, garden, outhouses and pertinents belonging to and usually enjoyed with the house;

(a)in relation to any real property in England and Wales, means the lessee under the ground lease if it is held on such a lease, and the owner of the fee simple if it is not;

(b)[F4in the case of any heritable property in Scotland, means the proprietor of thedominium utile if the property is feudal property, and the owner of the property if it is not;]

(a)any 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

(b)any of the following, namely, any licence holder within the meaning of the M8Electricity Act 1989, any public gas supplier, any water or sewerage[F5undertaker, the Environment Agency, the Natural Resources Body for Wales, any electronic] communications code operator, any former PTO, [F6any universal service provider in connection with the provision of a universal postal service], the Civil Aviation Authority [F7, any person who holds a licence under Chapter I of Part I of the Transport Act 2000 (to the extent that the person is carrying out activities authorised by the licence)] and any relevant airport operator within the meaning of Part V of the M9Airports Act 1986;

[F8“universal service provider” has the same meaning as in the [F9Part 3 of the Postal Services Act 2011]; and any reference to the provision of a universal postal service shall be construed in accordance with [F10that Part];]

  • works” includes sewers, drains, pipes, cables, wires and any other apparatus.

(2)References in this Act, in relation to any damage, to a notice affecting the required remedial action in respect of the damage are references to—

(a)any notice of proposed remedial action with respect to that damage; and

(b)any notice with respect to a decision by the Corporation to make or revoke an election to take in respect of that damage any remedial action other than that indicated in any such notice as is mentioned in paragraph (a) above.

(3)References in this Act, in relation to any interest payable by the Corporation, to the applicable rate are references to such rate as may from time to time be prescribed by order made by the Secretary of State; and an order under this subsection—

(a)may apply different rates in relation to different periods;

(b)may include provision for a nil rate to apply in relation to any period; and

(c)may fix any rate by specifying it or by applying any rate for the time being applicable for any other purpose (whether statutory or otherwise).

Textual Amendments

F1Words in s. 52(1) substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 109 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Schs. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F6S. 52(1): Words in para. (b) of the definition of “statutory undertakers” substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 87(2)

F7S. 52(1): Words in paragraph (b) of the definition of “statutory undertakers” inserted (1.4.2001) by 2000 c. 38, s. 37, Sch. 5 para. 19 (with s. 106); S.I. 2001/869, art. 2

F8Definition in s. 52(1) inserted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 87(3)

Modifications etc. (not altering text)

C1S. 52(1) amended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(2)(l); S.I. 1996/218, art. 2

C2S. 52(1) applied (31.10.1994) by 1994 c. 21, s. 45(3) (with ss. 40(7), 66); S.I. 1994/2552, art. 2, Sch. 1

Commencement Information

I2 S. 52 wholly in force at 30. 11. 1991 see s. 54(2) and S.I. 1991/2508, art. 2

Marginal Citations