British Telecommunications Act 1981

Enactments relating to statutory undertakers

10 (1) The Corporation shall be deemed to be statutory undertakers and its undertaking a statutory undertaking for the purposes of the following enactments, namely—

(a) the [1946 c. 49.] Acquisition of Land (Authorisation Procedure) Act 1946 ;

(b) the [1947 c. 42.] Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 ;

(c) section 4 of the [1948 c. 17.] Requisitioned Land and War Works Act 1948 ;

(d) the [1948 c. 28 (N.I.).] Roads Act (Northern Ireland) 1948, as applied by any statutory provision passed or made before the commencement of the [S.I. 1980/1085 (N.I. 11).] Roads (Northern Ireland) Order 1980 ;

(e) the [1949 c. 67.] Civil Aviation Act 1949 ;

(f) the [1949 c. 97.] National Parks and Access to the Countryside Act 1949 ;

(g) the [1951 c. 65.] Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 ;

(h) the [1954 c. 56.] Landlord and Tenant Act 1954 ;

(i) section 39 (6)(b) of the [1958 c. 69.] Opencast Coal Act 1958 ;

(j) section 11 of the [1961 c. 33.] Land Compensation Act 1961 ;

(k) section 3(4) of the [1961 c. 41.] Flood Prevention (Scotland) Act 1961 ;

(l) the [1962 c. 58.] Pipe-lines Act 1962 ;

(m) section 18 of the [1963 c. 51.] Land Compensation (Scotland) Act 1963 ;

(n) Schedules 3 and 5 to the [1964 c. 40.] Harbours Act 1964 ;

(o) Schedule 6 to the [1965 c. 36.] Gas Act 1965 ;

(p) section 10(4) of the [1965 c. 46.] Highlands and Islands Development (Scotland) Act 1965 ;

(q) the [1965 c. 59.] New Towns Act 1965 ;

(r) sections 11(5)(f), 54(6) and 75(4) of, and Schedule 3 to, the [1967 c. 86.] Countryside (Scotland) Act 1967 ;

(s) the [1968 c. 16.] New Towns (Scotland) Act 1968 ;

(t) paragraph 6 of Schedule 2 to the [1968 c. 41.] Countryside Act 1968 ;

(u) section 22 of the [1968 c. 47.] Sewerage (Scotland) Act 1968 ;

(v) sections 22, 40, 48, 49, 118(2), 127, 128, 129, 149. 165(3), 181, 182, 183, 186, 192, 206(6), 213(3), 216, 223, 225 to 241, 245(7)(a), 255 and 281(6)(b) of, and Schedule 10 and paragraphs 1 to 3 of Schedule 19 to, the [1971 c. 78.] Town and Country Planning Act 1971 ;

(w) sections 19, 37, 45, 46, 108(2), 117, 118, 119, 138, 154(3). 170, 171, 172, 175, 181, 195(6), 202(3), 205, 205A, 212, 214 to 230, 233(7), 242, 266(6)(b) and 268(1)(b) of, and Schedules 8 and 9 and paragraphs 1 to 3 of Schedule 17 to, the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972;

(x) section 23 of the [1976 c. 24.] Development Land Tax Act 1976 ; and

(y) Parts XII and XVI and section 120 of the [1980 c. 65.] Local Government, Planning and Land Act 1980,

subject to this exception, namely, that it shall not be so deemed for the purposes of section 230 of the Town and Country Planning Act 1971 as applied by section 13 of the Opencast Coal Act 1958.

(2) The Post Office shall cease to be deemed to be statutory undertakers and its undertaking a statutory undertaking for the purposes of the following enactments, namely—

(a) section 20 of the [1949 c. 97.] National Parks and Access to the Country side Act 1949 ;

(b) paragraph 6 of Schedule 2 to the Countryside Act 1968 ;

(c) sections 22, 210(2), 213(3) and 216 of the Town and Country Planning Act 1971 ; and

(d) sections 19, 108(2), 117, 199(2) and 202(3) of the Town and Country Planning (Scotland) Act 1972.

(3) In the definition of " statutory undertakers " contained in each of the following enactments, namely—

(a) section 50(1) of the [1970 c. 20.] Roads (Scotland) Act 1970 ;

(b) section 73(1) of the [1974 c. 40.] Control of Pollution Act 1974 ;

(c) section 10(4) of the [1975 c. 69.] Scottish Development Agency Act 1975 ;

(d) section 27(1) of the [1975 c. 70.] Welsh Development Agency Act 1975 ;

(e) section 34(1) of the [1976 c. 75.] Development of Rural Wales Act 1976 ;

(f) article 53(1) of the [S.I. 1978/1049 (N.I. 19).] Pollution Control and Local Government (Northern Ireland) Order 1978 ;

(g) section 13(4) of the [1979 c. 11.] Electricity (Scotland) Act 1979 ;

(h) section 61(2) of the [1979 c. 46.] Ancient Monuments and Archaeological Areas Act 1979 ; and

(i) article 2(2) of the [S.I. 1980/1085 (N.I. 11).] Roads (Northern Ireland) Order 1980,

the reference to the Post Office shall be construed as including a reference to the Corporation.

(4) Section 44(1) of the [1976 c. 57.] Local Government (Miscellaneous Provisions) Act 1976 shall have effect as if in the definition of " statutory undertakers" for the words from " the Post Office " to " sewerage)" there were substituted the words " any public authority exercising functions by virtue of any provision of sections 14 and 15 of the Water Act 1973 (which relates to sewerage), British Telecommunications and, except in sections 1(4)(a), 3(2)(d) and 4(1) of this Act, the Post Office ".

(5) In sections 144(6) and 181(9) of the [1980 c. 66.] Highways Act 1980 (which deem the Post Office to be statutory undertakers) references to the Post Office shall be construed as referring to the Corporation ; and in sections 20(9), 169(4), 170(3), 178(5), 254(6) and 290(9) of and paragraph 3(3) of Schedule 6 to that Act (which also deem the Post Office to be statutory undertakers) references to the Post Office shall be construed as including references to the Corporation.

(6) This paragraph shall come into operation on the appointed day.

11 (1) In the following enactments, namely—

(a) the [1946 c. 49.] Acquisition of Land (Authorisation Procedure) Act 1946 ;

(b) the [1947 c. 42.] Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 ;

(c) the [1949 c. 67.] Civil Aviation Act 1949 ;

(d) the [1962 c. 58.] Pipe-lines Act 1962 ; and

(e) Schedules 3 and 5 to the [1964 c. 40.] Harbours Act 1964,

• "the appropriate Minister" shall, in relation to the Corporation, mean the Secretary of State.

(2) In the definition of "the appropriate Minister" contained in each of the following enactments, namely—

(a) section 51(1) and (2) of the [1958 c. 69.] Opencast Coal Act 1958 ;

(b) section 54(1) of the [1965 c. 59.] New Towns Act 1965 ;

(c) section 47(1) of the [1968 c. 16.] New Towns (Scotland) Act 1968 ;

(d) section 224(1) of the [1971 c. 78.] Town and Country Planning Act 1971 : and

(e) section 213(1) of the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972,

and in the first column of the Table set out in paragraph 56(3) of Schedule 3 to the [1976 c. 75.] Development of Rural Wales Act 1976, the reference to the Post Office shall be construed as including a reference to the Corporation.

(3) This paragraph shall come into operation on the appointed day.

12 (1) In the following enactments, namely—

(a) section 13 of the [1962 c. 58.] Pipe-lines Act 1962 ;

(b) the [1965 c. 59.] New Towns Act 1965 ;

(c) the [1968 c. 16.] New Towns (Scotland) Act 1968 ;

(d) sections 149(3), 165(3) and 225 to 241 of, and Schedule 10 to, the [1971 c. 78.] Town and Country Planning Act 1971 ; and

(e) sections 138(3), 154(3) and 214 to 230 of, and Schedule 8 to, the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972,

• " operational land " shall, in relation to the Corporation, mean land of the Corporation of any such class as may be specified in regulations made jointly by the Secretary of State and the planning Minister by statutory instrument (which shall be subject to annulment in pursuance of a resolution of either House of Parliament); and—

  (i)

  the definition of a class of land for the purposes of regulations made under this sub-paragraph may be framed by reference to any circumstances whatever ; and

  (ii)

  if any question arises whether land of the Corporation falls within a class specified in regulations so made, it shall be determined by the Secretary of State.

(2) In this paragraph " the planning Minister " means the Secretary of State for the Environment in relation to England and Wales and the Secretary of State for Scotland in relation to Scotland.

(3) This paragraph shall come into operation on the appointed day.