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28 Interpretation of Part II.E+W

(1)In this Part of this Act, unless the context otherwise requires—

  • compulsory purchase order” means an order confirmed under Schedule 1 to the M1Acquisition of Land (Authorisation Procedure) Act 1946 or under Schedule 1 to the M2Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

  • controlled operations” has the meaning given by section 5 of this Act;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

  • danger” means danger of bodily harm or injury or danger to property, and “safe” and “safety” shall be construed accordingly;

  • fire authority” means an authority which for the time being is constituted a fire authority by the M3Fire Services Act 1947 or any combination scheme made under that Act;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

  • Gazette” means, in relation to land in England and Wales, the London Gazette and, in relation to land in Scotland, the Edinburgh Gazette;

  • [F3large-scale map” means a map drawn on a scale not less than 1 in 10,560;]

  • F4. . .

  • local authority” means, in England F5. . . [F6the council of a county or district], the council of a London borough and the common council of the City of London, [F7in Wales, the council of a county or county borough] and, in Scotland a [F8regional, islands or district]council;

  • local planning authority” in England has the meaning assigned to it by [F9section 336(1) of the Town and Country Planning Act 1990], . . . F10and, in Scotland, the meaning assigned to it by [F11section 277(1)of the Town and Country Planning (Scotland) Act 1997];

  • [F12local water authority” means a water authority within the meaning of section 109(1) of the M4Water (Scotland) Act 1980;]

  • Minister concerned with water resources” means—

[F13(a)in relation to England and Wales, the Secretary of State;]

(d)in relation to land in Scotland, [F14the Secretary of State for Scotland];

  • natural gas” means any gas derived from natural strata (including gas orginating outside the United Kingdom);

  • owner”, in relation to any land other than land in Scotland, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion and, in relation to any land in Scotland,—

(a)unless the land is held on a long lease, means, if the land if feudal property, the proprietor of thedominium utile or, if the land is not feudal property, the owner of the land;

(b)if the land is held on a long lease, means the lessee under that lease;

  • and, for the purposes of this definition, “long lease” means a lease which has been, or is capable of being, recorded in the General Register of Sasines under the M5Registration of Leases (Scotland) Act 1857;

  • planning Minister” means, in relation to England, the [F15Secretary of State]and, in relation to Scotland or Wales, the Secretary of State;

  • planning permission” means permission under [F9Part III of the M6Town and Country Planning Act 1990 (other than sections 88 and 89)] or under [M7Part III of theTown and Country Planning (Scotland) Act 1972];

  • F4. . .

  • river purification authority” has the same meaning as in section 17 of the M8Rivers (Prevention of Pollution) (Scotland) Act 1951;

  • statutory licence to abstract water”, in relation to England and Wales, means a licence under Part IV of the Water Resources Act 1963 and in relation to Scotland means a statutory right to take water;

  • statutory right to take water” means a right to take water conferred by an order under section [F1617]of the M9Water (Scotland) Act [F161980]or by a provisional order having effect in Scotland;

  • statutory undertakers” means persons authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal inland navigation, dock, harbour, pier or lighthouse undertaking, or any undertaking for the supply of . . . F17, . . . F18hydraulic power F19. . .;

  • [F20statutory water undertakers” means any water undertaker]

  • storage authorisation order” means an order under section 4 of this Act;

  • underground gas storage” means a storage of gas in a stratum below the surface of the ground in accordance with a storage authorisation order or, if the context so requires, the stratum where gas is so stored.

(2)In this Part of this Act the expressions “protective area” and “storage area” have the meanings respectively assigned by section 5(1) of, and paragraph 1 of Schedule 2 to, this Act and, except where the context otherwise requires, any reference in this Part of this Act to a protective area or storage area includes all land and strata at all depths below the surface of the ground in the area.

(3)For the purposes of this Part of this Act Monmouthshire shall be deemed to be in Wales and not in England.

(4)In relation to Scotland for any reference in this Part of this Act to the Lands Tribunal there shall be substituted a reference to the Lands Tribunal for Scotland:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

F22(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Textual Amendments

F2Definition of “Gas Authority” repealed by virtue of Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 6(24)(a), Sch. 8 para. 33

F4Definition repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 27 Pt. I (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58.

F6Words substituted by S.I. 1974/595, art. 3(12)

F11Words in s. 28(1) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch 2 para. 10(2)

F13Paragraph (a) substituted (E.W.) for paragraphs (a) to (c) by Water Act 1989 (c. 15, SIF 130), s. 190(1), Sch. 25 para. 32(5)(a) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58.

F15Words substituted by virtue of S.I. 1970/1681, arts. 2(1), 6(3)

F19Words repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 27 Pt. I (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58.

F20Definition of “statutory water undertakers” substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 190(1), Sch. 25 para. 32(5)(b) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58.

Marginal Citations

M61990 c. 8.(123:1)

M71972 c. 52.(123:2)

28 Interpretation of Part II.S

(1)In this Part of this Act, unless the context otherwise requires—

  • compulsory purchase order” means an order confirmed under Schedule 1 to the M10Acquisition of Land (Authorisation Procedure) Act 1946 or under Schedule 1 to the M11Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

  • controlled operations” has the meaning given by section 5 of this Act;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23

  • danger” means danger of bodily harm or injury or danger to property, and “safe” and “safety” shall be construed accordingly;

  • fire authority” means an authority which for the time being is constituted a fire authority by the M12Fire Services Act 1947 or any combination scheme made under that Act;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

  • Gazette” means, in relation to land in England and Wales, the London Gazette and, in relation to land in Scotland, the Edinburgh Gazette;

  • [F25large-scale map” means a map drawn on a scale not less than 1 in 10,560;]

  • limits of supply”, in England and Wales in relation to any statutory water undertakers, means the limits within which the undertakers are for the time being authorised to supply water and, in Scotland in relation to any local water authority, has the meaning assigned to it by section [F26109(1)] of the M13Water (Scotland) Act [F261980];

  • local authority” means, in England F27. . . [F28the council of a county or district], the council of a London borough and the common council of the City of London, [F29in Wales, the council of a county or county borough] and, in Scotland a [F30council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]council;

  • local planning authority” in England has the meaning assigned to it by [F31section 336(1) of the Town and Country Planning Act 1990], . . . F32and, in Scotland, the meaning assigned to it by [F33section 277(1) of the Town and Country Planning (Scotland) Act 1997];

  • [F34local water authority” means a water authority within the meaning of section 109(1) of the M14Water (Scotland) Act 1980;]

  • Minister concerned with water resources” means—

[F35(a)in relation to England and Wales, the Secretary of State;]

(d)in relation to land in Scotland, [F36the Secretary of State for Scotland];

  • natural gas” means any gas derived from natural strata (including gas orginating outside the United Kingdom);

  • owner”, in relation to any land other than land in Scotland, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion and, in relation to any land in Scotland,—

(a)unless the land is held on a long lease, means, if the land if feudal property, the proprietor of thedominium utile or, if the land is not feudal property, the owner of the land;

(b)if the land is held on a long lease, means the lessee under that lease;

  • and, for the purposes of this definition, “long lease” means a lease which has been, or is capable of being, recorded in the General Register of Sasines under the M15Registration of Leases (Scotland) Act 1857;

  • planning Minister” means, in relation to England, the [F37Secretary of State]and, in relation to Scotland or Wales, the Secretary of State;

  • planning permission” means permission under [F31Part III of the M16Town and Country Planning Act 1990 (other than sections 88 and 89)] or under [M17Part III of theTown and Country Planning (Scotland) Act 1972];

  • F38. . .

  • [F39river purification authority” has the same meaning as in section 17 of the M18Rivers (Prevention of Pollution) (Scotland) Act 1951;]

  • statutory licence to abstract water”, in relation to England and Wales, means a licence under Part IV of the Water Resources Act 1963 and in relation to Scotland means a statutory right to take water;

  • statutory right to take water” means a right to take water conferred by an order under section [F4017]of the M19Water (Scotland) Act [F401980]or by a provisional order having effect in Scotland;

  • statutory undertakers” means persons authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal inland navigation, dock, harbour, pier or lighthouse undertaking, or any undertaking for the supply of . . . F41, . . . F42hydraulic power F43. . .;

  • [F44statutory water undertakers” means any water undertaker]

  • storage authorisation order” means an order under section 4 of this Act;

  • underground gas storage” means a storage of gas in a stratum below the surface of the ground in accordance with a storage authorisation order or, if the context so requires, the stratum where gas is so stored.

(2)In this Part of this Act the expressions “protective area” and “storage area” have the meanings respectively assigned by section 5(1) of, and paragraph 1 of Schedule 2 to, this Act and, except where the context otherwise requires, any reference in this Part of this Act to a protective area or storage area includes all land and strata at all depths below the surface of the ground in the area.

(3)For the purposes of this Part of this Act Monmouthshire shall be deemed to be in Wales and not in England.

(4)In relation to Scotland for any reference in this Part of this Act to the Lands Tribunal there shall be substituted a reference to the Lands Tribunal for Scotland:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45

F46(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E2This version of this provision extends to Scotland only; a separate version has been created for England & wales.

Textual Amendments

F24Definition of “Gas Authority” repealed by virtue of Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 6(24)(a), Sch. 8 para. 33

F28Words substituted by S.I. 1974/595, art. 3(12)

F33Words in s. 28(1) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 10(2)

F35Paragraph (a) substituted (E.W.) for paragraphs (a) to (c) by Water Act 1989 (c. 15, SIF 130), s. 190(1), Sch. 25 para. 32(5)(a) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58.

F37Words substituted by virtue of S.I. 1970/1681, arts. 2(1), 6(3)

F38Definition repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 27 Pt. I (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58.

F39Definition in s. 28(1) ceased to have effect (1.4.1996) by S.I. 1996/973, reg. 2 Sch. para. 3(3)

F43Words repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 27 Pt. I (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58.

F44Definition of “statutory water undertakers” substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 190(1), Sch. 25 para. 32(5)(b) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58.

Marginal Citations

M161990 c. 8.(123:1)

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