SCHEDULES
SCHEDULE 5 Licence holders as statutory undertakers
Miscellaneous enactments
1
1
For the purposes of the provisions mentioned in sub-paragraph (2)—
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 M1Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;
b
section 4 of the M2Requisitioned Land and War Works Act 1948;
c
the National Parks and Access to the M3Countryside Act 1949;
d
the M4Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951;
e
the M5Landlord and Tenant Act 1954;
f
section 39(6)(b) of the M6Opencast Coal Act 1958;
g
section 11 of the M7Land Compensation Act 1961;
F4h
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
i
section 18 of the M8Land Compensation (Scotland) Act 1963;
j
Schedule 3 to the M9Harbours Act 1964;
k
Schedule 6 to the M10Gas Act 1965;
l
the M11New Towns (Scotland) Act 1968;
m
paragraph 6 of Schedule 2 to the M12Countryside Act 1968;
n
section 22 of the M13Sewerage (Scotland) Act 1968;
Public health
2
1
The provisions mentioned in sub-paragraph (2) apply in relation to—
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 M15Public 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 M16Public Health (Scotland) Act 1897 (protection of certain undertakings in Scotland from works connected with sewers).
Civil defence
F13
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Pipe-lines
4
1
For the purposes of the M17Pipe-lines Act 1962—
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.
New towns
5
1
Section 79 of the M18New 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.
Planning
6
1
Section 262 of the M19Town and Country Planning Act 1990 (meaning of statutory undertakers) shall be amended as follows.
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.
7
In section 263 of the M20Town 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.
8
In section 91(3) of the M21Planning (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),
”
.
9
In section 39(6) of the M22Planning (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)
”
.
10
1
Section 214 of the M23Town and Country Planning (Scotland) Act 1997 (meaning of statutory undertakers) shall be amended as follows.
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.
11
In section 215 of the M24Town 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.
12
In section 81(3) of the M25Planning (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),
”
.
13
In section 38(5) of the M26Planning (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)
”
.
Water and drainage
14
In Schedule 13 to the M27Water 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.
15
In Schedule 22 to the M28Water 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.
16
In Schedule 6 to the M29Land 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.
Development
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18
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Coal mining subsidence
19
In section 52(1) of the M30Coal 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)
”
.