SCHEDULES

SCHEDULE 5Licence holders as statutory undertakers

Planning

6

1

Section 262 of the [1990 c. 8.] Town and Country Planning Act 1990 (meaning of statutory undertakers) shall be amended as follows.

2

In subsection (3) for “and the Civil Aviation Authority” substitute “, the Civil Aviation Authority and a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services)”.

3

In subsection (5)(b) for “and the Civil Aviation Authority” substitute “, the Civil Aviation Authority and a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services)”.

4

After subsection (5) insert—

5A

For the purposes of this Act—

a

a person who holds a licence under Chapter I of Part I of the Transport Act 2000 shall not be considered to be a statutory undertaker unless the person is carrying out activities authorised by the licence;

b

the person’s undertaking shall not be considered to be a statutory undertaking except to the extent that it is the person’s undertaking as licence holder.

7

In section 263 of the [1990 c. 8.] Town and Country Planning Act 1990 (meaning of operational land) after subsection (2) insert—

2A

Subsection (1) does not apply in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000.

2B

Subject to section 264, in this Act “operational land” means, in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000, land—

a

which is used by the licence holder, or by a company associated with it, for the purpose of carrying out activities authorised by the licence, or

b

in which the licence holder, or a company associated with it, holds an interest for that purpose.

2C

If for the purposes of this Act a question arises whether land is operational land in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000 the question must be decided by the Secretary of State.

8

In section 91(3) of the [1990 c. 9.] Planning (Listed Buildings and Conservation Areas) Act 1990 (meaning of statutory undertakers) in paragraph (b) after “the Civil Aviation Authority,” there shall be inserted “a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (to the extent that the person is carrying out activities authorised by the licence),”.

9

In section 39(6) of the [1990 c. 10.] Planning (Hazardous Substances) Act 1990 (persons deemed to be statutory undertakers) after “the Civil Aviation Authority” there shall be inserted “, a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (to the extent that the person is carrying out activities authorised by the licence)”.

10

1

Section 214 of the [1997 c. 8.] Town and Country Planning (Scotland) Act 1997 (meaning of statutory undertakers) shall be amended as follows.

2

In subsection (3) for “and the Civil Aviation Authority” substitute “, the Civil Aviation Authority and a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services)”.

3

In subsection (5)(b) for “and the Civil Aviation Authority” substitute “, the Civil Aviation Authority and a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services)”.

4

After subsection (5) insert—

5A

For the purposes of this Act—

a

a person who holds a licence under Chapter I of Part I of the Transport Act 2000 shall not be considered to be a statutory undertaker unless the person is carrying out activities authorised by the licence;

b

the person’s undertaking shall not be considered to be a statutory undertaking except to the extent that it is the person’s undertaking as licence holder.

11

In section 215 of the [1997 c. 8.] Town and Country Planning (Scotland) Act 1997 (meaning of operational land) after subsection (2) insert—

2A

Subsection (1) does not apply in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000.

2B

Subject to section 216, in this Act “operational land” means, in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000, land—

a

which is used by the licence holder, or by a company associated with it, for the purpose of carrying out activities authorised by the licence, or

b

in which the licence holder, or a company associated with it, holds an interest for that purpose.

2C

If for the purposes of this Act a question arises whether land is operational land in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000 the question must be decided by the Secretary of State.

12

In section 81(3) of the [1997 c. 9.] Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (meaning of statutory undertakers) in paragraph (b) after “the Civil Aviation Authority,” there shall be inserted “a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (to the extent that the person is carrying out activities authorised by the licence),”.

13

In section 38(5) of the [1997 c. 10.] Planning (Hazardous Substances) (Scotland) Act 1997 (persons deemed to be statutory undertakers) after “the Civil Aviation Authority” there shall be inserted “, a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (to the extent that the person is carrying out activities authorised by the licence)”.