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SCHEDULES

SCHEDULE 5Licence holders as statutory undertakers

Planning

10(1)Section 214 of the [1997 c. 8.] Town and Country Planning (Scotland) Act 1997 (meaning of statutory undertakers) shall be amended as follows.

(2)In subsection (3) for “and the Civil Aviation Authority” substitute “, the Civil Aviation Authority and a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services)”.

(3)In subsection (5)(b) for “and the Civil Aviation Authority” substitute “, the Civil Aviation Authority and a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services)”.

(4)After subsection (5) insert—

(5A)For the purposes of this Act—

(a)a person who holds a licence under Chapter I of Part I of the Transport Act 2000 shall not be considered to be a statutory undertaker unless the person is carrying out activities authorised by the licence;

(b)the person’s undertaking shall not be considered to be a statutory undertaking except to the extent that it is the person’s undertaking as licence holder.