London Underground (Victoria) Act 1991

PART IV GENERAL

19 Incorporation of protective provisions

(1) The following provisions of the undermentioned Acts are, with necessary modifications, incorporated with this Act:—

• The Act of 1963—

  • section 42 (For protection of gas, water and electricity undertakers):

• The Act of 1976—

  • section 13 (For protection of sewers of Thames Water Authority):

• The Act of 1981—

  • section 17 (for protection of British Telecommunications).

(2) The provisions of paragraph (1) of the said section 42 of the Act of 1963, as so incorporated, shall have effect as if—

(a) for the definition of “the undertakers” there were substituted the following:—

““the undertakers” means any person authorised to carry on, in the area within which the Company are by this Act authorised to purchase land or execute works, an undertaking for the supply of gas or water or for the generation, transmission or supply of electricity;”; and

(b) in sub-paragraph (a) of the definition of “apparatus” for the words “electric lines or works” there were substituted “electric lines or electrical plant” and for the reference to the Electricity (Supply) Acts 1882 to 1936 there were substituted a reference to the [1989 c. 29.] Electricity Act 1989.

(3) The provisions of the said section 13 of the Act of 1976, as so incorporated, shall have effect as if—

(a) for the reference in paragraph (8) thereof to section 7 (Incorporation of provisions of Acts of 1963, 1965, 1969 and 1974 relating to works) of the Act of 1976 there were substituted a reference to section 9 (Incorporation of works provisions) of this Act;

(b) in the definition of “the specified works” in paragraph (1), for the reference to the works authorised by the Act of 1976 there were substituted a reference to the works; and

(c) for reference to the Thames Water Authority there were substituted reference to a sewerage undertaker within the meaning of the [1989 c. 15.] Water Act 1989.

(4) The provisions of the said section 17 of the Act of 1981, as so incorporated, shall have effect as if—

(a) paragraph (2) of that section were omitted;

(b) for reference to Work No. 2 of the Act of 1981 there were substituted reference to the works; and

(c) for reference to British Telecommunications there were substituted a reference to a public telecommunications operator as defined in section 9 (3) of the [1984 c. 12.] Telecommunications Act 1984.

20 Planning permission

(1) In this section “Part 11 development” means development authorised by article 3 of, and Class A in Part II of Schedule 2 to, the [S.I. 1988/1813.] Town and Country Planning General Development Order 1988 (which permits development authorised by private Act designating specifically both the nature of the development thereby authorised and the land on which it may be carried out).

(2) Subject to the provisions of subsection (3) below, in its application to development authorised by this Act, the planning permission granted for Part 11 development shall have effect as if the authority to develop given by this Act were limited to development begun by 31st December 2000.

(3) Subsection (2) above shall not apply to the carrying out of any development consisting of the alteration, maintenance or repair of works authorised by this Act or the substitution of new works therefor.

21 Costs of Act

All costs, charges and expenses of and incident to the preparing for, obtaining and passing of this Act, or otherwise in relation thereto, shall be paid by the Corporation and may in whole or in part be defrayed out of revenue.