The Utilities Supply and Works Contracts Regulations 1992

regulation 6

SCHEDULE 1 UTILITIES AND ACTIVITIES

Utility	Activity
In this Schedule— “local authority” means an authority in England and Wales, in Scotland or in Northern Ireland referred to in paragraphs (2) to (4) respectively of regulation 3 of the Public Works Contracts Regulations 1991(21); “network”, in relation to a service in the field of transport, means a system operated in accordance with conditions laid down by or under the law in any part of the United Kingdom including such conditions as the routes to be served, the capacity to be made available and the frequency of the service; “public authority” means a contracting authority within the meaning of regulation 3(1) of the Public Works Contracts Regulations 1991(21); “public telecommunications network” has the meaning ascribed to it by regulation 2(1); “public telecommunications services” has the meaning ascribed to it by regulation 2(1); “public undertaking” means a person over whom one or more public authorities are able to exercise directly or indirectly a dominant influence by virtue of— (a) their ownership of it, (b) their financial participation in it, or (c) the rights accorded to them by the rules which govern it; and in particular a public authority shall be considered to be able to exercise a dominant influence over a person when it directly or indirectly— (d) possesses the majority of the issued share capital of that person or controls the voting power attached to such majority, or (e) may appoint more than half of the individuals who are ultimately responsible for managing that person’s affairs, more than half its members or, in the case of a group of individuals, more than half of those individuals; “relevant person” means a person who is— (a) a public authority, (b) a public undertaking, or (c) not a public authority or a public undertaking and has as one of its activities an activity specified in the second column of this Schedule other than an activity specified in paragraphs 2 or 3 thereof and carries out that activity on the basis of a special or exclusive right; and “special or exclusive right” means a right deriving from authorisations granted by a competent authority when the requirement for the authorisation has the effect of reserving for one or more persons the exploitation of an activity specified to in the second column of this Schedule, and in particular a person shall be considered to enjoy a special or exclusive right where for the purpose of constructing a network or facilities referred to in the second column of this Schedule it may take advantage of a procedure for the expropriation or use of property or may place network equipment on, under or over a highway.
PART A
A company holding an appointment as a water undertaker under the Water Industry Act 1991(1). A water authority as defined in section 3(1) of the Water (Scotland) Act 1980(2) The Department of the Environment for Northern Ireland.	1.  The provision or operation of a fixed network which provides or will provide a service to the public in connection with the production, transport or distribution of drinking water. 2.  Hydraulic engineering, irrigation or land drainage, but only if more than 20% of the total volume of water made available by such activity is intended for the supply of drinking water. 3.  The disposal or treatment of sewage.
PART B
A relevant person not specified in Part C. Any other person not specified in Part C who supplies drinking water to a network which is referred to in paragraph 1 above and which is provided or operated by a person specified in Part A.	4.  The supply of drinking water to a network referred to in paragraph 1 above.
PART C
A relevant person other than a public authority who produces drinking water because its consumption is necessary for the purpose of carrying out an activity not specified in the second column of this Schedule and who supplies only the excess to a network which is referred to in paragraph 1 above. Any other person who is not a public authority, who produces drinking water because its consumption is necessary for the purpose of carrying out an activity not specified in the second column of this Schedule and who supplies only the excess to a network which is referred to in paragraph 1 above and which is provided or operated by a person specified in Part A.	5.  The supply of drinking water to a network referred to in paragraph 1 above but only if the drinking water supplied in the period of 36 months ending at the relevant time as defined in regulation 9(16) above has exceeded 30% of the total produced by the utility in that period.
PART D
A person licensed under section 6 of the Electricity Act 1989(3). A person licensed under article 10(1) of the Electricity (Northern Ireland) Order 1992(4).	6.  The provision or operation of a fixed network which provides or will provide a service to the public in connection with the production, transport or distribution of electricity.
PART E
A relevant person not specified in Part F. Any other person not specified in Part F who supplies electricity to a network which is referred to in paragraph 6 above and which is provided or operated by a person specified in Part D.	7.  The supply of electricity to a network referred to in paragraph 6 above.
PART F
A relevant person other than a public authority who produces electricity because its use is necessary for the purpose of carrying out an activity not specified in the second column of this Schedule and who supplies only the excess to a network referred to in paragraph 6 above. Any other person who is not a public authority, who produces electricity because its use is necessary for the purpose of carrying out an activity not specified in the second column of this Schedule and who supplies only the excess to a network which is referred to in paragraph 6 above and which is provided or operated by a person specified in Part D.	8.  The supply of electricity to a network referred to in paragraph 6 above but only if the electricity supplied in the period of 36 months ending at the relevant time as defined in regulation 9(16) above has exceeded 30% of the total produced by the utility in that period.
PART G
A public gas supplier as defined in section 7(1) of the Gas Act 1986(5) A person declared to be an undertaker for the supply of gas under article 14(1) of the Gas (Northern Ireland) Order 1977(6).	9.  The provision or operation of a fixed network which provides or will provide a service to the public in connection with the production, transport or distribution of gas.
PART H
A relevant person not specified in Part I. Any other person not specified in Part I who supplies gas to a network which is referred to in paragraph 9 above and which is provided or operated by a person specified in Part G.	10.  The supply of gas to a network referred to in paragraph 9 above.
PART I
A relevant person other than a public authority who produces gas only as the unavoidable consequence of carrying out an activity not specified in the second column of this Schedule and who supplies gas for the sole purpose of the economic exploitation of the production to a network referred to in paragraph 9 above. Any other person who is not a public authority, who produces gas only as the unavoidable consequence of carrying out an activity not specified in the second column of this Schedule and who supplies gas for the sole purpose of the economic exploitation of the production to a network which is referred to in paragraph 9 above and which is provided or operated by a person specified in Part G.	11.  The supply of gas to a network referred to in paragraph 9 above but only if the total consideration payable in the period of 36 months ending at the relevant time as defined in regulation 9(16) above on account of such supply has exceeded 20% of the total turnover of the utility in that period.
PART J
A local authority. A person licensed under section 6(1)(a) of the Electricity Act 1989(7) whose licence includes the provisions referred to in section 10(3) of that Act. The Northern Ireland Housing Executive.	12.  The provision or operation of a fixed network which provides or will provide a service to the public in connection with the production, transport or distribution of heat.
PART K
A relevant person not specified in Part L. Any other person not specified in Part L who supplies heat to a network which is referred to in paragraph 12 above and which is provided or operated by a person specified in Part J.	13.  The supply of heat to a network referred to in paragraph 12 above.
PART L
A relevant person other than a public authority who produces heat as the unavoidable consequence of carrying out an activity not specified in the second column of this Schedule and who supplies heat for the sole purpose of the economic exploitation of the production to a network referred to in paragraph 12 above. Any other person who is not a public authority, who produces heat only as the unavoidable consequence of carrying out an activity not specified in the second column of this Schedule and who supplies heat for the sole purpose of the economic exploitation of the production to a network which is referred to in paragraph 12 above and which is provided or operated by a person specified in Part J.	14.  The supply of heat to a network referred to in paragraph 12 above but only if the total consideration payable in the 36 months ending at the relevant time as defined in regulation 9(16) above on account of such supply has exceeded 20% of the total turnover of the utility in that period.
PART M
A person licensed under the Petroleum (Production)Act 1934(8) A person licensed under the Petroleum (Production) Act (Northern Ireland) 1964(9).	15.  The exploitation of a geographical area for the purpose of exploring for or extracting oil or gas.
PART N
The British Coal Corporation. A person licensed by the British Coal Corporation under the Coal Industry (Nationalisation) Act 1946(10). The Department of Economic Development (Northern Ireland). A person who holds a prospecting licence, a mining lease, a mining licence or a mining permission as defined by section 57(1) of the Mineral Development Act (Northern Ireland) 1969(11).	16.  The exploitation of a geographical area for the purposes of exploring for or extracting coal or other solid fuels.
PART O
A local authority. An airport operator within the meaning of the Airports Act 1986(12) who has the management of an airport subject to economic regulation under Part IV of that Act. Highland and Islands Airports Limited. A subsidiary of the Northern Ireland Transport Holding Company within the meaning of the Aerodromes Act (Northern Ireland) 1971(13). An aerodrome undertaking within the meaning of the Aerodromes Act (Northern Ireland) 1971. Any other relevant person.	17.  The exploitation of a geographical area for the purpose of providing airport or other terminal facilities to carriers by air.
PART P
A harbour authority within the meaning of section 57 of the Harbours Act 1964(14). British Waterways Board. A local authority. A harbour authority as defined by section 38(1) of the Harbours Act (Northern Ireland) 1970(15). Any other relevant person.	18.  The exploitation of a geographical area for the purpose of providing maritime or inland port or other terminal facilities to carriers by sea or inland waterway.
PART Q
British Railways Board. A subsidiary of British Railways Board within the meaning of section 25 of the Transport Act 1962(16). Eurotunnel plc. Northern Ireland Transport Holding Company. Northern Ireland Railways Company Limited. London Regional Transport. London Underground Limited. Docklands Light Railway Limited. Strathclyde Passenger Transport Executive. Greater Manchester Passenger Transport Executive. Greater Manchester Metro Limited. Tyne and Wear Passenger Transport Executive. Brighton Borough Council. South Yorkshire Passenger Transport Executive. South Yorkshire Supertram (No.2) Limited. Any other relevant person.	19.  The operation of a network providing a service to the public in the field of transport by railway.
PART R
Greater Manchester Passenger Transport Executive. Greater Manchester Metro Limited. Blackpool Transport Services Limited. Aberconwy Borough Council. South Yorkshire Passenger Transport Executive. South Yorkshire Supertram (No.2) Limited. Any other relevant person.	20.  The operation of a network providing a service to the public in the field of transport by automated systems, tramway, trolleybus, or cable.
PART S
London Regional Transport. A subsidiary of London Regional Transport within the meaning of section 36 of the Transport Act 1985(17). A person who provides a London bus service as defined in section 34(2)(b) of the Transport Act 1985 in pursuance of an agreement entered into by London Regional Transport by virtue of section 3(2) of the London Regional Transport Act 1984(18). Northern Ireland Transport Holding Company. A person who holds a road service licence under section 4(1) of the Transport Act (Northern Ireland) 1967(19) which authorises him to provide a regular service within the meaning of that licence. Any other relevant person.	21.  The operation of a network providing a service to the public in the field of transport by bus in a geographical area in which other persons are not free to provide the service under the same conditions as the utility.
PART T
A public telecommunications operator under the Telecommunications Act 1984(20).	22.  The provision or operation of a public telecommunications network. 23.  The provision of one or more public telecommunications services.

(1)

1991 c. 56.

(2)

1980 c. 45.

(3)

1989 c. 29.

(4)

S.I. 1992/231.

(5)

1986 c. 44.

(6)

S.I. 1977/596.

(7)

1989 c. 29.

(8)

1934 c. 36.

(9)

1964 c. 28(N.I.).

(10)

1946 c. 59.

(11)

1969 c. 35(N.I.).

(12)

1986 c. 31.

(13)

1971 c. 15(N.I.)

(14)

1964 c. 40.

(15)

1970 c. 1(N.I.).

(16)

1962 c. 46.

(17)

1985 c. 67.

(18)

1984 c. 32.

(19)

1967 c. 37(N.I.).

(20)

1984 c. 12.

(21)

S.I. 1991/2680.