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The Network Rail (Waverley Steps) Order 2010

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2.  In this Part of this Schedule—

“alternative apparatus” means alternative apparatus adequate to enable a specified undertaker to fulfil its statutory or licensed functions as effectively as is achievable using the apparatus which the alternative apparatus is to replace;

“apparatus” means—

(a)

in the case of a specified undertaker which is an electricity undertaker, electric lines or electrical plant (both as defined in the Electricity Act 1989(1)) belonging to or maintained by that undertaker;

(b)

in the case of a specified undertaker which is a gas undertaker, mains, pipes or other apparatus belonging to, or maintained by, a gas transporter within the meaning of Part 1 of the Gas Act 1986(2), for the purposes of gas supply;

(c)

in the case of a specified undertaker which is a water undertaker, mains, pipes or other apparatus belonging to, or maintained by the undertaker for the purposes of water supply; and

(d)

in the case of a specified undertaker which is a sewerage undertaker—

(i)

any drain or works vested in the undertaker under the Water Industry (Scotland) Act 2002(3); and

(ii)

any sewer which is so vested,

(not being apparatus in respect of which the relations between Network Rail and the undertakers are regulated by the provisions of Part 4 of the 1991 Act) and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

“notice” means notice in writing; and

“specified undertaker” means—

(a)

National Grid Gas plc (company no. 02006000) whose registered office is at 1-3 Strand, London WC2N 5EH;

(b)

Scotia Gas Networks PLC (company no. 04958135) whose registered office is at St Lawrence House, Station Approach, Horley, Surrey RH6 9HJ;

(c)

SP Power Systems Limited (company no. SC215841) whose registered office is at 1 Atlantic Quay, Robertson Street, Glasgow, Lanarkshire G2 8SP; and

(d)

Scottish Water Limited (company no. SC207004) whose registered office is at Castle House, 6 Castle Drive, Carnegie Campus, Dunfermline, Fife KY11 8GG,

or any person succeeding any such company as a licence holder within the meaning of Part 1 of the Electricity Act 1989(4), a gas transporter within the meaning of Part 1 of the Gas Act 1986, a water undertaker within the meaning of the Water Industry (Scotland) Act 2002 or as a sewerage undertaker within the meaning of that Act; and “the specified undertaker” in relation to any apparatus means the specified undertaker to whom the apparatus belongs or by whom it is maintained.

(1)

1989 c.29, for the definitions of “electric line” and “electrical plant” see section 64 of that Act. The definition of “electrical plant” was amended by the Utilities Act 2000 (c.27), Schedule 6, Part 2, paragraph 38(3).

(4)

For the definition of “licence holder” see section 64 of that Act.

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