as respects F4a universal postal service provider in connection with the provision of a universal postal service, as if the reference to sections 26, 194(2)(a), 196, 200, 202(4)(b), 205(3)(e), 208(2), 215(1) and (2) and 277(2) and (3) were omitted;

as respects the Civil Aviation Authority, as if the references to sections 200, 215(1) and (2) and 277(2) and (3) were omitted and the reference to Schedule 16 included the words “except paragraph 3”; and

as respects any public gas transporter, as if the reference to Schedule 7 were omitted and the reference to Schedule 16 included the words “except paragraphs 1 and 3”.

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;

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.

for the purposes of the provisions mentioned in subsection (7)(a), if he holds a licence under subsection (1) of that section;

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

for the purposes of the provisions mentioned in subsection (7)(c), if he is entitled to exercise any power conferred by paragraph 2 of Schedule 4 to that Act.

sections 26, 77(3), 90 to 92, 94, 99, 194(2)(a), 196, 200, 205(3)(e), 215(1) and (2), 216, 218, 219, 221 to 236, 239(10)(a), 255, 270(9), 277(2) and (3), Schedule 14 and paragraphs 2(2)(a) and (3)(a) of Schedule 16;

sections 121(11)(b), 197 and 198; and

sections 202(4)(b) and 208(2) and paragraphs 1, 6(2)(b)(iii) and (3), 8(5) and (7) and 9(1), (3) and (4) of Schedule 16.

land which is used for the purpose of carrying on their undertaking, and

land in which an interest is held for that purpose.

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

in which the licence holder, or a company associated with it, holds an interest for that purpose.

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

in which the provider, or a company associated with him, holds an interest for any such purpose

may define a class of land by reference to any circumstances whatsoever, and

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.

the interest was acquired by them on or after 8th December 1969, or

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 1947 Act.

there is, or at some time has been, in force with respect to it a specific planning permission for its development, and

that development, if carried out, would involve or have involved its use for the purpose of the carrying on of the statutory undertakers’ undertaking.

the statutory undertakers’ interest in the land was acquired by them as the result of a transfer under the provisions of the M3Transport Act 1968, the M4Gas Act 1986 or the M5Airports Act 1986 from other statutory undertakers, and

immediately before transfer the land was operational land of those other undertakers.

granted on an application in that behalf made under Part III F12or section 242A,

granted by provisions of a development order granting planning permission generally for development which has received specific parliamentary approval,

granted by a special development order in respect of development specifically described in the order,

deemed to be granted by virtue of a direction of a government department under section 57(1), or

deemed to be granted by virtue of paragraph 27 of Schedule 9 to the M6Post Office Act 1969.

the reference in paragraph (a) to Part III includes a reference to Part III of the 1972 Act and the enactments in force before the commencement of that Act and replaced by Part III of it,

the reference in paragraph (d) to section 57(1) includes a reference to section 37 of the 1972 Act and section 32 of the 1947 Act.

the Civil Aviation Authority;

a person who holds a licence under Chapter 1 of Part 1 of the Transport Act 2000; or

a company associated with such a person,

an application for planning permission to develop land to which this subsection applies is made by statutory undertakers and is referred to the F21Scottish Ministers under Part III,

an appeal is made to the F21Scottish Ministers under that Part from the decision on such an application, or

such an application is deemed to be made under subsection (7) of section 133 on an appeal under section 130 by statutory undertakers,

operational land, and

land in which the statutory undertakers hold or propose to acquire an interest with a view to its being used for the purpose of carrying on their undertaking, where the planning permission, if granted on the application or appeal, would be for development involving the use of the land for that purpose.

any consent, authority or approval to or for the development is granted by the department in pursuance of an enactment,

a compulsory purchase order is confirmed by the department authorising the purchase of land for the purpose of the development,

consent is granted by the department to the appropriation of land for the purpose of the development or the acquisition of land by agreement for that purpose,

any undertaking is given by the department to pay a grant in respect of the development in accordance with an enactment authorising the payment of such grants,

there subsists over that land a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking, being a right of way or a right of laying down, erecting, continuing or maintaining apparatus on, under or over the land, or

there is on, under or over the land apparatus vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking.

stating that at the end of the relevant period the right will be extinguished, or

requiring that before the end of that period the apparatus shall be removed.

stating that they object to all or any of the provisions of the notice, and

specifying the grounds of their objection.

any right to which the notice relates shall be extinguished at the end of the relevant period, and

if at the end of that period any requirement of the notice as to the removal of any apparatus has not been complied with, the acquiring or appropriating authority may remove the apparatus and dispose of it in any way the authority may think fit.

withdraw the notice (without prejudice to the service of a further notice), or

apply to the F28Scottish Ministers for an order under this section embodying the provisions of the notice, with or without modification.

F29the Scottish Ministers may withdraw the notice (without prejudice to the service of a further notice), or

F29the Scottish Ministers may make an order under this section embodying the provisions of the notice, with or without modification.

there subsists over that land a right conferred by or in accordance with the F30electronic communications code on the operator of F31an electronic communications code network, being a right of way or a right of laying down, erecting, continuing or maintaining apparatus on, under or over the land, or

there is on, under or over the land F32electronic communications apparatus kept installed for the purposes of any such F33network.

stating that at the end of the relevant period the right will be extinguished, or

requiring that before the end of that period the apparatus shall be removed.

stating that he objects to all or any of the provisions of the notice, and

specifying the grounds of his objection.

any right to which the notice relates shall be extinguished at the end of the relevant period, and

if at the end of that period any requirement of the notice as to the removal of any apparatus has not been complied with, the acquiring or appropriating authority may remove the apparatus and dispose of it in any way the authority may think fit.

withdraw the notice (without prejudice to the service of a further notice), or

apply to the F35Scottish Ministers for an order under this section embodying the provisions of the notice, with or without modification.

F37they may withdraw the notice (without prejudice to the service of a further notice), or

F37theymay make an order under this section embodying the provisions of the notice, with or without modification.

there is on, under or over the land any apparatus vested in or belonging to statutory undertakers, and

the undertakers claim that development to be carried out on the land is such as to require, on technical or other grounds connected with the carrying on of their undertaking, the removal or re-siting of the apparatus affected by the development,

stating that they object to all or any of the provisions of the notice, and

specifying the grounds of their objection.

references (except in subsection (1)(a)) to statutory undertakers shall have effect as references to the operator of any such F33network, and

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

any right to which the order relates shall be extinguished at the end of the period specified in that behalf in the order, and

if, at the end of the period so specified in relation to any apparatus, any requirement of the order as to the removal of the apparatus has not been complied with, the acquiring or appropriating authority may remove the apparatus and dispose of it in any way the authority may think fit.

to secure the provision of services which would not otherwise be provided, or satisfactorily provided, for any purpose in connection with which a planning authority or F46the Scottish Ministers may be authorised under Part VIII or under Chapter V of Part I of the M11Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 to acquire land or in connection with which any such person may compulsorily acquire land under any other enactment, or

to facilitate an adjustment of the carrying on of the undertaking necessitated by any of the acts and events mentioned in subsection (2).

the acquisition under Part VIII or that Chapter or compulsorily under any other enactment of any land in which an interest was held, or which was used, for the purpose of the carrying on of the undertaking of the statutory undertakers in question;

the extinguishment of a right or the imposition of any requirement by virtue of section 224 or 225;

a decision on an application made by the statutory undertakers for planning permission to develop any such land as is mentioned in paragraph (a);

the revocation or modification of planning permission granted on any such application;

the making of an order under section 71 or paragraph 1 of Schedule 8 in relation to any such land.

to secure the services in question, as mentioned in subsection (1)(a) or (3), or

to secure the adjustment in question, as mentioned in subsection (1)(b),

for applying in relation to the acquisition of any such land or the construction of any such works enactments relating to the acquisition of land and the construction of works;

where it has been represented that the making of the order is expedient for the purposes mentioned in subsection (1)(a) or (3), for giving effect to such financial arrangements between the planning authority F50. . . and the statutory undertakers as they may agree, or as, in default of agreement, may be determined to be equitable in such manner and by such tribunal as may be specified in the order;

for such incidental and supplemental matters as appear to the F51Scottish Ministers to be expedient for the purposes of the order.

shall be published in such form and manner as the F53Scottish Ministersmay direct,

shall give such particulars as they may direct of the matters to which the representation relates, and

shall specify the time within which (being not less than 28 days), and the manner in which, objections to the making of an order on the representation may be made.

on any persons appearing from the valuation roll to have an interest in any land to which the representation relates, and

if directed by the F53Scottish Ministers, on such persons, or persons of such classes, as may be so directed.

the compulsory acquisition under Part VIII or under Chapter V of Part I of the M12Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 or under any other enactment of any land in which an interest was held, or which was used, for the purpose of the carrying on of the undertaking of the statutory undertakers, and

the acts and events specified in section 228(2)(b) to (e).

by publishing in such form and manner as F55they may direct a notice, giving such particulars as he may direct of the matters to which the representation relates and specifying the time within which (being not less than 28 days), and the manner in which, objections to the making of an order on the representation may be made;

by serving such a notice on such persons, or persons of such classes, as F55they may direct.

publish a notice stating that the order has been made and naming a place where a copy of it may be seen at all reasonable hours, and

the objection is made within the time and in the manner specified in the notice required by section 229 or, as the case may be, section 230, and

a statement in writing of the grounds of the objection is comprised in or submitted with the objection.

shall consider the grounds of the objection as set out in the statement, and

may, if F57theyF57think fit, require the objector to submit within a specified period a further statement in writing as to any of the matters to which the objection relates.

after considering the grounds of the objection as so set out, the F59Scottish Ministers is satisfied that, for the purpose of making a final decision, F59they is sufficiently informed as to the matters to which the objection relates, or

in a case where a further statement has been required, it is not submitted within the specified period,

in respect of any order under section 65, as modified by section 221, by which planning permission which was granted on the application of those undertakers for the development of any such land is revoked or modified.

any right vested in or belonging to statutory undertakers is extinguished, or

any requirement is imposed on statutory undertakers,

any right vested in or belonging to an operator of F66an electronic communications code network is extinguished, or

any requirement is imposed on such an operator,

works are carried out for the removal or resiting of statutory undertakers’ apparatus, and

the undertakers have the right to carry out those works by virtue of section 226 or an order of F67the Scottish Ministers under that section,

it relates to land acquired by the statutory undertakers after 7th January 1947, and

the Scottish Ministers include in the decision or order a direction that subsection (1) shall not apply to it.

the operator of F66an electronic communications code network is entitled to compensation as mentioned in section 232(3),

the amount of any expenditure reasonably incurred in acquiring land, providing apparatus, erecting buildings or doing work for the purpose of any adjustment of the carrying on of the undertaking or, as the case may be, F70the provision of the electronic communications code network rendered necessary by the proceeding giving rise to compensation (a “business adjustment”),

the appropriate amount for loss of profits, and

where the compensation is under section 232(2) or (3) and is in respect of the imposition of a requirement to remove apparatus, the amount of any expenditure reasonably incurred by the statutory undertakers or, as the case may be, the operator in complying with the requirement, reduced by the value after removal of the apparatus removed.

where no business adjustment is made, such amount as appears reasonable compensation for any estimated decrease in net receipts from the carrying on of the undertaking or, as the case may be, F70the provision of the electronic communications code network which is directly attributable to the proceeding giving rise to compensation.

the estimated value of any property (whether moveable or heritable) belonging to the statutory undertakers or the operator and used for the carrying on of their undertaking or, as the case may be, F70the provision of the electronic communications code network which in consequence of the adjustment ceases to be so used, in so far as the value of the property has not been taken into account under paragraph (c) of that subsection, and

the estimated amount of any increase in net receipts from the carrying on of the undertaking or F70the provision of the electronic communications code network in the period after the adjustment has been completed, in so far as that amount has not been taken into account in determining the amount mentioned in paragraph (b) of that subsection and is directly attributable to the adjustment.

the compensation is under section 232(4), and

the acquiring or appropriating authority carry out the works,

to the amount by which a balance of receipts over expenditure is decreased,

to the amount by which a balance of expenditure over receipts is increased, or

where a balance of receipts over expenditure is converted into a balance of expenditure over receipts, to the aggregate of the two balances,

an advocate or solicitor of not less than 7 years’ standing, appointed by the Lord President of the Court of Session to act as chairman,

two persons appointed by the F71Scottish Ministers’ certificate as persons having special knowledge and experience of the valuation of land and of civil engineering respectively, and

for each claim coming before the tribunal, a person selected by the F72Scottish Ministers, as a person having special knowledge and experience of statutory undertakings of the kind carried on by the claimant, from the members of a panel appointed by F73those Ministers of persons appearing to them to have such knowledge and experience of statutory undertakings.