SCHEDULE 1UTILITIES

Regulation 3

Relevant Person

Activity

CATEGORY 1 - WATER

PART A

A company holding an appointment as a water undertaker or a sewerage undertaker under the Water Industry Act 199143.

The Department for Regional Development (Northern Ireland).

The Water Services Agency (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.

4

The supply of drinking water to a network referred to in paragraph 1.

PART C

A relevant person other than a contracting 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.

5

The supply of drinking water to a network referred to in paragraph 1 but only if the drinking water supplied in the period of 36 months ending at the relevant time as defined in regulation 11(19) has exceeded 30% of the total produced by the utility in that period.

CATEGORY 2 - ELECTRICITY

PART D

A person licensed under section 6 of the Electricity Act 198944.

A person licensed under article 10(1) of the Electricity (Northern Ireland) Order 199245.

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.

7

The supply of electricity to a network referred to in paragraph 6.

PART F

A relevant person other than a contracting 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.

8

The supply of electricity to a network referred to in paragraph 6 but only if the electricity supplied in the period of 36 months ending at the relevant time as defined in regulation 11(19) has exceeded 30% of the total produced by the utility in that period.

CATEGORY 3 - GAS

PART G

A gas transporter as defined in section 7(1) of the Gas Act 198646.

A person declared to be an undertaker for the supply of gas under article 8 of the Gas (Northern Ireland) Order 199647.

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.

10

The supply of gas to a network referred to in paragraph 9.

PART I

A relevant person other than a contracting 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.

11

The supply of gas to a network referred to in paragraph 9 but only if the total consideration payable in the period of 36 months ending at the relevant time as defined in regulation 11(19) on account of such supply has exceeded 20% of the total turnover of the utility in that period.

CATEGORY 4 - HEAT

PART J

A local authority.

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.

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.

13

The supply of heat to a network referred to in paragraph 12.

PART L

A relevant person other than a contracting 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.

14

The supply of heat to a network referred to in paragraph 12 but only if the total consideration payable in the 36 months ending at the relevant time as defined in regulation 11(19) on account of such supply has exceeded 20% of the total turnover of the utility in that period.

CATEGORY 5 – EXPLORATION AND EXTRACTION OF OIL AND GAS

PART M

A person operating by virtue of a licence granted or having effect as if granted under the Petroleum Act 199848.

A person licensed under the Petroleum (Production) Act (Northern Ireland) 196449.

15

The exploitation of a geographical area for the purpose of exploring for or extracting oil or gas.

CATEGORY 6 – COAL AND OTHER SOLID FUEL

PART N

Any licensed operator within the meaning of the Coal Industry Act 199450.

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) 196951.

16

The exploitation of a geographical area for the purposes of exploring for or extracting coal or other solid fuel.

CATEGORY 7 – TRANSPORT

PART O

A local authority.

An airport operator within the meaning of the Airports Act 198652 who has the management of an airport subject to economic regulation under Part IV of that Act.

Highlands and Islands Airports Limited.

An airport operator within the meaning of the Airports (Northern Ireland) Order 199453.

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 196454.

British Waterways Board.

A local authority.

A harbour authority as defined by section 38(1) of the Harbours Act (Northern Ireland) 197055.

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

Network Rail.

Eurotunnel plc.

Northern Ireland Transport Holding Company.

Northern Ireland Railways.

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 199956.

Strathclyde Passenger Transport Executive.

Greater Manchester Passenger Transport Executive.

Tyne and Wear Passenger Transport Executive.

Brighton Borough Council.

South Yorkshire Passenger Transport Executive.

West Midlands Passenger Transport Executive.

A local transport authority or passenger authority within the meaning of section 124 of the Transport Act 200057 which has made a quality contracts scheme under section 124 of that Act.

A person awarded a quality contract within the meaning of section 124 of the Transport Act 2000.

Any other relevant person.

19

The provision or operation of a network providing a service to the public in the field of transport by railway.

PART R

Transport for London.

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.

West Midlands Passenger Transport Executive.

Any other relevant person.

20

The provision or operation of a network providing a service to the public in the field of transport by automated systems, tramway, trolleybus, or cable.

PART S

Transport for London.

A subsidiary of Transport for London within the meaning of section 424(1) of the Greater London Authority Act 1999.

A local transport authority or Passenger Transport Authority within the meaning of section 124 of the Transport Act 2000 which has made a quality contracts scheme under section124 of that Act.

A person awarded a quality contract within the meaning of section 124 of the Transport Act 2000.

Northern Ireland Transport Holding Company.

A person who holds a road service licence under section 4(1) of the Transport Act (Northern Ireland) 196758 which authorises him to provide a regular service within the meaning of that licence.

Any other relevant person.

21

The provision or operation of a network providing a service to the public in the field of transport by bus.