SCHEDULES

SCHEDULE 7PROTECTION FOR ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS

Interpretation

I11

1

The following provisions of this Schedule have effect unless otherwise agreed in writing between the Agency and the specified undertaker concerned.

2

The provisions of Schedule 6 (statutory undertakers, etc.), in so far as they relate to the removal of apparatus, do not apply in relation to apparatus to which this Schedule applies.

Annotations:
Commencement Information
I1

Sch. 7 para. 1 in force at 2.1.2018, see art. 1

I22

In this Schedule—

  • “alternative apparatus” means alternative apparatus adequate to enable the specified undertaker in question to fulfil its statutory functions in a manner not less efficient than previously;

  • “apparatus” means—

    1. a

      in the case of an electricity undertaker, electric lines or electrical plant (as defined in the Electricity Act 198981) belonging to or maintained by that specified undertaker;

    2. b

      in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by a gas transporter for the purposes of gas supply;

    3. c

      in the case of a water undertaker—

      1. i

        mains, pipes or other apparatus belonging to or maintained by that specified undertaker for the purposes of water supply; and

      2. ii

        mains, pipes or other apparatus that is the subject of an agreement to adopt made under section 51A (agreements to adopt water main or service pipe) of the Water Industry Act 199182; and

    4. d

      in the case of a sewerage undertaker—

      1. i

        any drain or works vested in the specified undertaker under the Water Industry Act 1991; and

      2. ii

        any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) (adoption of sewers and disposal works) of that Act or an agreement to adopt made under section 104 (agreement to adopt sewer, drain or sewage disposal works, at future date) of that Act,

      and includes a sludge main, disposal main (within the meaning of section 219 of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works,

    and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

  • “functions” includes powers and duties;

  • “in”, in a context referring to apparatus or alternative apparatus in land, includes a reference to apparatus or alternative apparatus under, over, across, along or upon land;

  • “plans” includes sections, specifications and method statements; and

  • “specified undertaker” means—

    1. a

      Western Power Distribution (East Midlands) plc, whose registered office is Avonbank, Feeder Road, Bristol, BS2 0TB; and

    2. b

      Anglian Water Services Limited, whose registered office is Lancaster House, Lancaster Way, Ermine Business Park, Huntingdon, Cambridgeshire, United Kingdom, PE29 6XU,

    or any person succeeding any such company as a licence holder within the meaning of Part 1 of the Electricity Act 1989, a gas transporter within the meaning of Part 1 of the Gas Act 198683, a water undertaker within the meaning of the Water Industry Act 1991, or as a sewerage undertaker, and “the specified undertaker” in relation to any apparatus means the specified undertaker to whom the apparatus belongs or by whom it is maintained.