Local Government, Planning and Land Act 1980

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Local Government, Planning and Land Act 1980. Any changes that have already been made by the team appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to :

Changes and effects

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s. 170(1)(d) words substituted by S.I. 2009/1941 Sch. 1 para. 46(5)
s. 170(2) words substituted by S.I. 2009/1941 Sch. 1 para. 46(5)
s. 170(2B) words substituted by 2011 c. 5 Sch. 12 para. 108(a)
s. 170(2B) words substituted by 2011 c. 5 Sch. 12 para. 108(b)

Commencement Orders yet to be applied to the Local Government, Planning and Land Act 1980:

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

S.I. 2003/1900 art. 2(1) Sch. 1 commences (2003 c. 21)
S.I. 2003/3142 art. 3(2) commences (2003 c. 21)
S.I. 2004/2202 art. 2 3 commences (2004 c. 5)
S.I. 2004/2304 art. 2 commences (2004 c. 21)
S.I. 2004/2593 art. 2 commences (2004 c. 5)
S.I. 2004/2917 art. 2 commences (2004 c. 21)
S.I. 2005/558 art. 2 Sch. 1 commences (2004 c. 23)
S.I. 2006/3272 art. 2 Sch. 1-3 commences (2005 c. 19)
S.I. 2007/2709 art. 2-6 commences (2007 c. 15)
S.I. 2008/917 art. 2-5 commences (2007 c. 28)
S.I. 2008/3068 art. 2-5 commences (2008 c. 17)
S.I. 2009/400 art. 2-5 commences (2008 c. 29)
S.I. 2009/803 art. 1(2) 10 commences (2008 c. 17)
S.I. 2009/3272 art. 2-4 Sch. 1-3 commences (2009 nawm 2)
S.I. 2009/3318 art. 2-4 commences (2009 c. 20)
S.I. 2010/708 art. 1-14 commences (2008 c. 14)
S.I. 2010/862 art. 2 art. 3 commences (2008 c. 17)
S.I. 2010/1547 art. 2 commences (2008 c. 14)
S.I. 2011/2329 art. 3 commences (2011 c. 5)
S.I. 2011/3019 art. 3 Sch. 1 commences (2011 c. 13)
S.I. 2012/628 art. 2-8 commences (2011 c. 20)
S.S.I. 2003/134 art. 2(1) Sch. commences (2003 asp 1)
S.S.I. 2005/392 art. 2 commences (2005 asp 5)
S.S.I. 2006/286 art. 2(b) commences (2005 asp 16)
S.S.I. 2007/472 arts. 2 3 Sch. 1 2 commences (2005 asp 16)
2006 No. 2 Instrument made by Archbishops commences (2006 No. 1)

170 Interpretation: statutory undertakers etc.E+W+S

(1)In this Part of this Act, unless the context otherwise requires, “statutory undertakers” means—

(a)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 F1, F2[F3or hydraulic power]

(b). . . F4the Civil Aviation Authority, F5. . ., [F6a universal service provider in connection with the provision of a universal postal service] and any other authority, body or undertakers which by virtue of any enactment are to be treated as statutory undertakers for any of the purposes of [F7the 1990 Act] or of [F8 the 1997 Act].

(c)any other authority, body or undertakers specified in an order made by the Secretary of State under this paragraph, and

(d)any wholly-owned subsidiary [F9as defined by section 736][F10of the M1Companies Act 1985] of any person, authority, body or undertakers mentioned in paragraphs (a) and (b) above or specified in an order made under paragraph (c) above,

and “statutory undertaking” shall be construed accordingly.

(2)In section 141 above “statutory undertakers” also includes British Shipbuilders F11 F12 . . ., and any wholly-owned subsidiary [F9as defined by section 736][F10of the M2Companies Act 1985] of any of them.

[F13(2A)The undertaking of a universal service provider so far as relating to the provision of a universal postal service shall be taken to be his statutory undertaking for the purposes of this Part of this Act; and references in this Part of this Act to his undertaking shall be construed accordingly.

(2B)In subsection (1) and (2A) above “universal service provider" has the same meaning as in the Postal Services Act 2000; and references to the provision of a universal postal service shall be construed in accordance with that Act.]

(3)In this Part of this Act the expression “the appropriate Minister", and any reference to the Secretary of State and the appropriate Minister—

(a)in relation to any statutory undertakers who are also statutory undertakers for the purposes of any provision of Part XI of [F7the 1990 Act] or [F8Part X of the 1997 Act], shall have the same meanings as in [F8the said Part X], and

(b)in relation to any other statutory undertakers, shall have the meanings given by an order made by the Secretary of State under this subsection.

(4)If, in relation to anything required or authorised to be done under this Part of this Act, any question arises as to which Minister is the appropriate Minister in relation to any statutory undertakers, that question shall be determined by the Treasury.

(5)An order made under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations:

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Amendments (Textual)

F1Word repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(4), Sch. 18 (with s. 112(3), Sch. 17 para. 35(1))

F2Words repealed by Gas Act 1986 (c. 44, SIF 44), s. 67(4), Sch. 9 Pt. I

F3Words substituted by Water Act 1989 (c. 15, SIF 130), s. 190(1), Sch. 25 para. 61(4) (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)