Utility | Activity |
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PART A |
A company holding an appointment as a water undertaker or a sewerage undertaker under the Water Industry Act 1991 | 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.
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A water and sewerage authority established by section 62 of the Local Government etc (Scotland) Act 1994 | 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.
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The Department for Regional Development (Northern Ireland). | 3.The disposal or treatment of sewage.
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PART B |
A relevant person not specified in Part C. | 4.The supply of drinking water to a network referred to in paragraph 1 above.
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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. | |
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. | 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 10(19) above has exceeded 30% of the total produced by the utility in that period.
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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. | |
PART D |
A person licensed under section 6 of the Electricity Act 1989 | 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.
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A person licensed under article 10(1) of the Electricity (Northern Ireland) Order 1992. | |
PART E |
A relevant person not specified in Part F. | 7.The supply of electricity to a network referred to in paragraph 6 above.
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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. | |
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. | 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 10(19) above has exceeded 30% of the total produced by the utility in that period.
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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. | |
PART G |
A public gas transporter as defined in section 7(1) of the Gas Act 1986. | 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.
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A person declared to be an undertaker for the supply of gas under article 8 of the Gas (Northern Ireland) Order 1996. | |
PART H |
A relevant person not specified in Part I. | 10.The supply of gas to a network referred to in paragraph 9 above.
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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. | |
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. | 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 10(19) above on account of such supply has exceeded 20% of the total turnover of the utility in that period.
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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. | |
PART J |
A local authority. | 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.
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A person licensed under section 6(1)(a) of the Electricity Act 1989 whose licence includes the provisions referred to in section 10(3) of that Act. | |
The Northern Ireland Housing Executive. | |
PART K |
A relevant person not specified in Part L. | 13.The supply of heat to a network referred to in paragraph 12 above.
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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. | |
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. | 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 10(19) above on account of such supply has exceeded 20% of the total turnover of the utility in that period.
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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. | |
PART M |
A person operating by virtue of a licence granted or having effect as if granted under the Petroleum Act 1998. | 15.The exploitation of a geographical area for the purpose of exploring for or extracting oil or gas.
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A person licensed under the Petroleum (Production) Act (Northern Ireland) 1964. | |
PART N |
Any licensed operator (within the meaning of the Coal Industry Act 1994). | 16.The exploitation of a geographical area for the purposes of exploring for or extracting coal or other solid fuel.
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The Department of Enterprise, Trade and Investment (Northern Ireland). | |
A person operating by virtue of 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. | |
PART O |
A local authority. | 17.The exploitation of a geographical area for the purpose of providing airport or other terminal facilities to carriers by air.
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An airport operator within the meaning of the Airports Act 1986 who has the management of an airport subject to economic regulation under Part IV of that Act. | |
Highland and Islands Airports Limited. | |
An airport operator within the meaning of the Airports (Northern Ireland) Order 1994 . | |
Any other relevant person. | |
PART P |
A harbour authority within the meaning of section 57 of the Harbours Act 1964. | 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.
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British Waterways Board. | |
A local authority. | |
A harbour authority as defined by section 38(1) of the Harbours Act (Northern Ireland) 1970 . | |
Any other relevant person. | |
PART Q |
Railtrack plc. | 19.The operation of a network providing a service to the public in the field of transport by railway.
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Eurotunnel plc. | |
Northern Ireland Transport Holding Company. | |
Northern Ireland Railways Company Limited. | |
London Regional Transport. | |
London Underground Limited. | |
Transport for London. | |
A subsidiary of Transport for London within the meaning of section 424(1) of the Greater London Authority Act 1999 . | |
Strathclyde Passenger Transport Executive. | |
Greater Manchester Passenger Transport Executive. | |
Tyne and Wear Passenger Transport Executive. | |
Brighton Borough Council. | |
South Yorkshire Passenger Transport Executive. | |
South Yorkshire Supertram Limited. | |
Any other relevant person. | |
PART R |
Transport for London. | 20.The operation of a network providing a service to the public in the field of transport by automated systems, tramway, trolleybus, or cable.
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A subsidiary of Transport for London within the meaning of section 424(1) of the Greater London Authority Act 1999. | |
Greater Manchester Passenger Transport Executive. | |
Blackpool Transport Services Limited. | |
Conwy County Borough Council. | |
South Yorkshire Passenger Transport Executive. | |
South Yorkshire Supertram Limited. | |
Any other relevant person. | |
PART S |
Transport for London. | 21.The operation of a network providing a service to the public in the field of transport by bus.
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A subsidiary of Transport for London within the meaning of section 424(1) of the Greater London Authority Act 1999. | |
A person who provides a London local service as defined in section 179(1) of the Greater London Authority Act 1999 in pursuance of an agreement entered into by Transport for London under section 156(2) of that Act or in pursuance of a transport subsidiary’s agreement as defined in section 169 of that Act. | |
Northern Ireland Transport Holding Company. | |
A person who holds a road service licence under section 4(1) of the Transport Act (Northern Ireland) 1967 which authorises him to provide a regular service within the meaning of that licence. | |
Any other relevant person. | |
PART T |
A public telecommunications operator under the Telecommunications Act 1984. | 22.The provision or operation of a public telecommunications network.
23.The provision of one or more public telecommunications services.”.
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