SCHEDULES

SCHEDULE 9 PROTECTIVE PROVISIONS

PART 1 FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWAGE UNDERTAKERS

Interpretation
2. In this Part of this Schedule—
“alternative apparatus” means alternative apparatus adequate to enable the utility undertaker in question to fulfil its statutory functions in a manner no less efficient than previously;
“apparatus” means—
(a) in the case of a licence holder within the meaning of Part 1 of the Electricity Act 1989, electric lines or electrical plant (as defined in the Electricity Act 1989), belonging to or maintained by that undertaker;
1989 c. 29.
(b) in the case of a gas transporter within the meaning of Part 1 of the Gas Act 1986, any mains, pipes or other apparatus belonging to or maintained by a gas transporter within the meaning of Part 1 of the Gas Act 1986 for the purposes of gas supply;
1986 c. 44. A new section 7 was substituted by section 5 of the Gas Act 1995 (c. 45), and was further amended by section 76 of the Utilities Act 2000 (c. 27).
(c) in the case of a water undertaker within the meaning of the Water Industry Act 1991, mains, pipes or other apparatus belonging to or maintained by that undertaker for the purposes of water supply; and
(d) in the case of a sewerage undertaker within the meaning of Part 1 of the Water Industry Act 1991—
(i) any drain or works vested in the undertaker under the Water Industry Act 1991; and
1991 c. 56.
(ii) any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) of that Act or an agreement to adopt made under section 104 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 in each case 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 or upon land;
“plan” includes all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe the works to be executed;
“utility undertaker” means—
(a) any licence holder within the meaning of Part 1 of the Electricity Act 1989;
(b) a gas transporter within the meaning of Part 1 of the Gas Act 1986;
(c) a water undertaker within the meaning of the Water Industry Act 1991; and
(d) a sewerage undertaker within the meaning of Part 1 of the Water Industry Act 1991,
for the area of the authorised development, and in relation to any apparatus, means the undertaker to whom it belongs or by whom it is maintained.