SCHEDULES

SCHEDULE 16Minor and Consequential Amendments

Enactments relating to statutory undertakers etc.

1

1

The holder of a licence under section 6(1) of this Act shall be deemed to be a statutory undertaker and his undertaking a statutory undertaking for the purposes of the following enactments, namely—

i

section 16 of the [1925 c. 71.] Public Health Act 1925;

ii

the [1936 c. 49.] Public Health Act 1936;

iii

section 33 of the [1938 c. 52.] Coal Act 1938;

iv

Schedule 3 to the [1945 c. 42.] Water Act 1945;

v

section 4 of the [1948 c. 17.] Requisitioned Land and War Works Act 1948;

vi

the [1948 c. 22.] Water Act 1948;

vii

the National Parks and Access to the [1949 c. 97.] Countryside Act 1949;

viii

the [1951 c. 65.] Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951;

ix

the [1954 c. 56.] Landlord and Tenant Act 1954;

x

the [1958 c. 69.] Opencast Coal Act 1958;

xi

the [1961 c. 41.] Flood Prevention (Scotland) Act 1961;

xii

section 17(10) of the [1961 c. 64.] Public Health Act 1961;

xiii

the [1962 c. 58.] Pipe-lines Act 1962;

xiv

Schedule 3 to the [1964 c. 40.] Harbours Act 1964;

xv

Schedule 6 to the [1965 c. 36.] Gas Act 1965;

xvi

section 10 of the [1965 c. 46.] Highlands and Islands Development (Scotland) Act 1965;

xvii

section 40 of the [1967 c. 10.] Forestry Act 1967;

xviii

section 50 of the [1967 c. 22.] Agriculture Act 1967;

xix

section 38 of the [1967 c. 86.] Countryside (Scotland) Act 1967;

xx

paragraph 6 of Schedule 2 to the [1968 c. 41.] Countryside Act 1968;

xxi

section 22 of the [1968 c. 47.] Sewerage (Scotland) Act 1968;

xxii

sections 22, 118(2), 127, 132, 149, 165(3), 181 to 183, 186, 192, 216, 222, 223, 225 to 241, 245(7)(a), 255, 281(6)(b) and 290(2) of, and paragraphs 1 to 3 of Schedule 19 to, the [1971 c. 78.] Town and Country Planning Act 1971;

xxiii

sections 19, 108(2), 117, 121, 138, 154(3), 170 to 172, 175, 181, 202(3), 205, 211, 212, 214 to 230, 233(7), 242, 266(6)(b) and 275(2) of, and Schedule 8 and paragraphs 1 to 3 of Schedule 17 to, the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972;

xxiv

paragraph 36 of Schedule 16 to the [1972 c. 70.] Local Government Act 1972;

xxv

sections 51 and 71 of the [1973 c. 26.] Land Compensation Act 1973;

xxvi

sections 47 and 67 of the [1973 c. 56.] Land Compensation (Scotland) Act 1973;

xxvii

Part III of the [1974 c. 40.] Control of Pollution Act 1974;

xxviii

section 10(4) of the [1975 c. 69.] Scottish Development Agency Act 1975;

xxix

the [1975 c. 70.] Welsh Development Agency Act 1975;

xxx

sections 15(3) and 26 of the [1976 c. 57.] Local Government (Miscellaneous Provisions) Act 1976;

xxxi

the [1976 c. 75.] Development of Rural Wales Act 1976;

xxxii

section 9(3) of the [1978 c. 50.] Inner Urban Areas Act 1978;

xxxiii

the [1979 c. 46.] Ancient Monuments and Archaeological Areas Act 1979;

xxxiv

Parts XII and XVI of the [1980 c. 65.] Local Government, Planning and Land Act 1980;

xxxv

section 53 of the [1982 c. 16.] Civil Aviation Act 1982;

xxxvi

section 30 of the [1982 c. 30.] Local Government (Miscellaneous Provisions) Act 1982;

xxxvii

section 120 of the [1982 c. 45.] Civic Government (Scotland) Act 1982;

xxxviii

section 2(2)(c) of the [1984 c. 38.] Cycle Tracks Act 1984;

xxxix

the [1984 c. 55.] Building Act 1984;

xl

section 283(2) of the [1985 c. 68.] Housing Act 1985;

xli

paragraph 11 of Schedule 8 to the [1987 c. 27.] Housing (Scotland) Act 1987.

2

References in the [1927 c. 36.] Landlord and Tenant Act 1927 to a statutory company shall be construed as including references to the holder of a licence under section 6(1) of this Act.

3

In the [1939 c. 31.] Civil Defence Act 1939, references to public utility undertakers shall be construed as including references to a person who is carrying on activities which he is authorised by a licence or exemption to carry on and references to an electricity undertaking shall be construed as references to the undertaking carried on by any such person.

4

The references in sections 73(11)(c) and 74(11)(b) of the [1980 c. 66.] Highways Act 1980 to electricity undertakers shall be construed as references to the holder of a licence under section 6(1)(a) of this Act.

5

The holder of a licence under section 6(1) of this Act shall be deemed to be an excepted undertaker for the purposes of section 6 of the [1981 c. 12.] Water Act 1981.

6

Paragraph 23 of Schedule 2 to the [1984 c. 12.] Telecommunications Act 1984 (undertakers' works) shall apply to a licence holder for the purposes of any works carried out by him.

7

The reference in section 82(4) of the [1984 c. 55.] Building Act 1984 (provisions with respect to demolition orders) to a person authorised by an enactment to carry on an undertaking for the supply of electricity shall be construed as a reference to a licence holder.

8

A licence holder shall be deemed to be a public undertaker and his undertaking a public undertaking for the purposes of section 125 of, and paragraphs 9 and 10 of Schedule 8 to, the [1987 c. 26.] Housing (Scotland) Act 1987.