SCHEDULES

SCHEDULE 25 Minor and Consequential Amendments

Adaptation of enactments relating to statutory undertakers etc.

1

1

Each of the following, that is to say—

a

the Authority;

b

every water undertaker; and

c

every sewerage undertaker,

shall be deemed to be statutory undertakers, and its undertaking a statutory undertaking, for the purposes of the enactments specified in sub-paragraph (2) below.

2

The enactments mentioned in sub-paragraph (1) above are—

i

the M1Public Health Act 1925;

ii

the M2Public Health Act 1936;

iii

section 4 of the M3Requisitioned Land and War Works Act 1948;

iv

the National Parks and Access to the M4Countryside Act 1949;

v

sections 20 and 30 of the M5Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951;

vi

the M6Landlord and Tenant Act 1954;

vii

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

viii

the M7Opencast Coal Act 1958;

ix

section 17(10) of the M8Public Health Act 1961;

x

the M9Pipe-lines Act 1962;

xi

Schedule 3 to the M10Harbours Act 1964;

xii

Schedule 6 to the M11Gas Act 1965;

xiii

section 40 of the M12Forestry Act 1967;

xiv

section 2 of the M13Countryside Act 1968, in so far as references in that section to a public body are to be construed as references to a statutory undertaker, and sections 13 and 16 of, and Schedule 2 to, that Act;

xv

section 5 of the M14Development of Tourism Act 1969;

xvi

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

xvii

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

xviii

sections 51 . . . F3 of the M15Land Compensation Act 1973;

xix

section 73 of the M16Control of Pollution Act 1974;

xx

the M17Welsh Development Agency Act 1975;

xxi

Part I of the M18Local Government (Miscellaneous Provisions) Act 1976;

xxii

the M19Development of Rural Wales Act 1976;

xxiii

the M20Ancient Monuments and Archaeological Areas Act 1979;

xxiv

Parts XII and XVI of the M21Local Government, Planning and Land Act 1980;

xxv

the M22Highways Act 1980;

xxvi

subject to sub-paragraph (5) below, the M23New Towns Act 1981;

xxvii

the M24Acquisition of Land Act 1981;

xxviii

the M25Civil Aviation Act 1982;

xxix

section 30 of the M26Local Government (Miscellaneous Provisions) Act 1982;

xxx

section 2(2)(c) of the M27Cycle Tracks Act 1984;

xxxi

the M28Building Act 1984;

xxxii

Part IX and section 611 of the M29Housing Act 1985.

3

The Authority, a water undertaker or a sewerage undertaker shall be deemed to be a statutory company for the purposes of the M30Landlord and Tenant Act 1927.

4

The references in the M31Civil Defence Act 1939 to public utility undertakers do not include references to the Authority or to any water undertaker or sewerage undertaker and, accordingly, references in that Act to a public utility undertaking do not include references to the undertaking of the Authority or of such an undertaker.

5

The references in section 39 of the New Towns Act 1981 (power of development corporation to transfer undertakings) to statutory undertakers do not include references to any water undertaker or sewerage undertaker and, accordingly, references in that section to a statutory undertaking do not include references to the statutory undertaking of such an undertaker.

6

References in section 26 of the M32Land Compensation Act 1973 (acquisition of land in connection with public works) to a responsible authority shall not include references to the National Rivers Authority, a water undertaker or a sewerage undertaker.

7

A water undertaker or sewerage undertaker shall be deemed to be statutory undertakers for the purposes of section 9(3) of the M33Inner Urban Areas Act 1978 (loans for site preparation).

8

A water undertaker or sewerage undertaker shall be deemed to be public utility undertakers for the purposes of the Highways Act 1980; and the Authority, a water undertaker or a sewerage undertaker shall be deemed to be undertakers for the purposes of section 160 of that Act (powers as respects certain unnecessary obstructions of highways).

9

In the enactments specified in sub-paragraph (10) below, “the appropriate Minister”, in relation to statutory undertakers, means—

a

in the case of the Authority, the Secretary of State or the Minister; and

b

in the case of a water undertaker or sewerage undertaker, the Secretary of State.

10

The enactments mentioned in sub-paragraph (9) above are—

i

the M34Opencast Coal Act 1958;

ii

Schedule 3 to the M35Harbours Act 1964;

iii

paragraph 2 of Schedule 6 to the M36Gas Act 1965;

iv

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

v

the M37Welsh Development Agency Act 1975;

vi

the M38Development of Rural Wales Act 1976;

vii

sections 121 and 290 of the M39Highways Act 1980;

viii

the M40New Towns Act 1981;

ix

the M41Acquisition of Land Act 1981.

11

References to a local authority in the following enactments . . . F4 shall not include references to the National Rivers Authority, namely—

i

the M42Opencast Coal Act 1958;

ii

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

iii

Part I of Schedule 6 to the Highways Act 1980;

iv

the New Towns Act 1981;

v

the Acquisition of Land Act 1981.