Transport Act 2000

Section 37.

SCHEDULE 5 U.K. Licence holders as statutory undertakers

Miscellaneous enactments U.K.

1 (1) For the purposes of the provisions mentioned in sub-paragraph (2)— U.K.

(a) a licence holder carrying out activities authorised by its licence is to be taken to be a statutory undertaker;

(b) its undertaking as licence holder is to be taken to be a statutory undertaking.

(2) The provisions are—

(a) the M1 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

(b) section 4 of the M2 Requisitioned Land and War Works Act 1948;

(c) the National Parks and Access to the M3 Countryside Act 1949;

(d) the M4 Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951;

(e) the M5 Landlord and Tenant Act 1954;

(f) section 39(6)(b) of the M6 Opencast Coal Act 1958;

(g) section 11 of the M7 Land Compensation Act 1961;

(h) section 3(4) of the M8 Flood Prevention (Scotland) Act 1961;

(i) section 18 of the M9 Land Compensation (Scotland) Act 1963;

(j) Schedule 3 to the M10 Harbours Act 1964;

(k) Schedule 6 to the M11 Gas Act 1965;

(l) the M12 New Towns (Scotland) Act 1968;

(m) paragraph 6 of Schedule 2 to the M13 Countryside Act 1968;

(n) section 22 of the M14 Sewerage (Scotland) Act 1968;

(o) sections F1 ... 296 and 611 of the M15 Housing Act 1985.

Textual Amendments

F1 Word in Sch. 5 para. 1(2)(o) repealed (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 16; S.I. 2006/1060, art. 2(1)(e) (with Sch.); S.I. 2006/1535, art. 2(c) (with Sch.)

Marginal Citations

M1 1947 c. 42.

M2 1948 c. 17.

M3 1949 c. 97.

M4 1951 c. 65.

M5 1954 c. 56.

M6 1958 c. 69.

M7 1961 c. 33.

M8 1961 c. 41.

M9 1963 c. 51.

M10 1964 c. 40.

M11 1965 c. 36.

M12 1968 c. 16.

M13 1968 c. 41.

M14 1968 c. 47.

M15 1985 c. 68.

Public health U.K.

2 (1) The provisions mentioned in sub-paragraph (2) apply in relation to— U.K.

(a) a licence holder carrying out activities authorised by its licence, and

(b) any property which is owned by the licence holder,

as they apply in relation to a railway company and its railway.

(2) The provisions are—

(a) section 330 of the M16 Public Health Act 1936 (power of certain undertakers in England and Wales to alter sewers);

(b) section 333 of that Act (protection of certain undertakings in England and Wales from works executed under that Act);

(c) section 107 of the M17 Public Health (Scotland) Act 1897 (protection of certain undertakings in Scotland from works connected with sewers).

Marginal Citations

M16 1936 c. 49.

M17 1897 c. 38.

Civil defence U.K.

F2 3 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 5 para. 3 repealed (14.11.2005) by Civil Contingencies Act 2004 (c. 36), s. 34(1), Sch. 3; S.I. 2005/2040, art. 3(r)

Pipe-lines U.K.

4 (1) For the purposes of the M18 Pipe-lines Act 1962— U.K.

(a) a licence holder carrying out activities authorised by its licence is to be taken to be a statutory undertaker;

(b) its undertaking as licence holder is to be taken to be a statutory undertaking.

(2) For the purposes of section 13 of the 1962 Act, in relation to a licence holder operational land is 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.

(3) If for the purposes of section 13 of the 1962 Act a question arises whether land is operational land in relation to a licence holder the question must be decided by the Secretary of State.

Marginal Citations

M18 1962 c. 58.

New towns U.K.

5 (1) Section 79 of the M19 New Towns Act 1981 (meaning of statutory undertakers and operational land) shall be amended as follows. U.K.

(2) In subsection (1) after “the Civil Aviation Authority,” insert “or

(ba) a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services),”.

(3) After subsection (1) insert—

“(1A) 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.”

(4) In subsection (3) after paragraph (b) insert—

“(ba) in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000, means any land 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 land in which the licence holder (or a company associated with it) holds an interest for that purpose.”

(5) After subsection (3) insert—

“(4) 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.”

Marginal Citations

M19 1981 c. 64.

Planning U.K.

6 (1) Section 262 of the M20 Town and Country Planning Act 1990 (meaning of statutory undertakers) shall be amended as follows. U.K.

(2) In subsection (3) for “and the Civil Aviation Authority” substitute “ , 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) ”.

(3) In subsection (5)(b) for “and the Civil Aviation Authority” substitute “ , 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) ”.

(4) After subsection (5) insert—

“(5A) 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.”

Marginal Citations

M20 1990 c. 8.

7 U.K. In section 263 of the M21 Town and Country Planning Act 1990 (meaning of operational land) after subsection (2) insert—

“(2A) 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.”

Marginal Citations

M21 1990 c. 8.

8 U.K. In section 91(3) of the M22 Planning (Listed Buildings and Conservation Areas) Act 1990 (meaning of statutory undertakers) in paragraph (b) after “the Civil Aviation Authority,” there shall be inserted “ a 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), ”.

Marginal Citations

M22 1990 c. 9.

9 U.K. In section 39(6) of the M23 Planning (Hazardous Substances) Act 1990 (persons deemed to be statutory undertakers) after “the Civil Aviation Authority” there shall be inserted “ , a 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) ”.

Marginal Citations

M23 1990 c. 10.

10 (1) Section 214 of the M24 Town and Country Planning (Scotland) Act 1997 (meaning of statutory undertakers) shall be amended as follows. U.K.

(2) In subsection (3) for “and the Civil Aviation Authority” substitute “ , 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) ”.

(3) In subsection (5)(b) for “and the Civil Aviation Authority” substitute “ , 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) ”.

(4) After subsection (5) insert—

“(5A) 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.”

Marginal Citations

M24 1997 c. 8.

11 U.K. In section 215 of the M25 Town and Country Planning (Scotland) Act 1997 (meaning of operational land) after subsection (2) insert—

“(2A) 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 216, 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.”

Marginal Citations

M25 1997 c. 8.

12 U.K. In section 81(3) of the M26 Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (meaning of statutory undertakers) in paragraph (b) after “the Civil Aviation Authority,” there shall be inserted “ a 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), ”.

Marginal Citations

M26 1997 c. 9.

13 U.K. In section 38(5) of the M27 Planning (Hazardous Substances) (Scotland) Act 1997 (persons deemed to be statutory undertakers) after “the Civil Aviation Authority” there shall be inserted “ , a 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) ”.

Marginal Citations

M27 1997 c. 10.

Water and drainage U.K.

14 U.K. In Schedule 13 to the M28 Water Industry Act 1991 (protection of undertakings) in paragraph 1(5) after paragraph (j) there shall be inserted—

“(k) the undertaking of a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services) to the extent that it is the person’s undertaking as licence holder.”

Marginal Citations

M28 1991 c. 56.

15 U.K. In Schedule 22 to the M29 Water Resources Act 1991 (protection of undertakings) in paragraph 1(4) after paragraph (j) there shall be inserted—

“(k) the undertaking of a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services) to the extent that it is the person’s undertaking as licence holder.”

Marginal Citations

M29 1991 c. 57.

16 U.K. In Schedule 6 to the M30 Land Drainage Act 1991 (protection of undertakings) in paragraph 1(1) after paragraph (j) there shall be inserted—

“(k) the undertaking of a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services) to the extent that it is the person’s undertaking as licence holder.”

Marginal Citations

M30 1991 c. 59.

Development U.K.

F3 17 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 5 para. 17 repealed (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 16; S.I. 2008/3068, art. 5, Sch. (with arts. 6-13)

18 U.K. In section 19 of the M31 Regional Development Agencies Act 1998 (vesting of undertakers’ land by order etc) in the entry relating to statutory undertakers in subsection (10) after paragraph (c) there shall be inserted—

“(ca) a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services) to the extent that the person is carrying out activities authorised by the licence,”.

Marginal Citations

M31 1998 c. 45.

Coal mining subsidence U.K.

19 U.K. In section 52(1) of the M32 Coal Mining Subsidence Act 1991 (interpretation) in paragraph (b) of the entry relating to statutory undertakers after “the Civil Aviation Authority” there shall be inserted “ , 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) ”.

Marginal Citations

M32 1991 c. 45.