SCHEDULES

SCHEDULE 5 Licence holders as statutory undertakers

New towns

5

1

Section 79 of the M1New Towns Act 1981 (meaning of statutory undertakers and operational land) shall be amended as follows.

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.