1.—(1) For the protection of the statutory undertakers referred to in this Part of this Schedule the following provisions are to, unless otherwise agreed in writing at any time between the statutory undertaker and the undertaker concerned, have effect.
(2) In this Part of this Schedule—
“alternative apparatus” means alternative apparatus adequate to enable the statutory undertaker in question to fulfil its statutory functions in a manner not less efficient than previously;
“apparatus” means—
in the case of an electricity undertaker, electric lines or electrical plant (as defined in section 64 of the Electricity Act 1989(1), belonging to or maintained by that electricity undertaker for the purposes of electricity supply;
in the case of a gas undertaker, any gas mains, pipes or other apparatus belonging to or maintained by that gas undertaker for the purposes of gas supply;
in the case of a water undertaker, water mains, pipes or other water apparatus belonging to or maintained by that water undertaker for the purposes of water supply; and
in the case of a sewerage undertaker—
any drain or works vested in the undertaker under the Water Industry Act 1991(2); and
any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) of that Act or an agreement to adopt made under section 104 of that Act,
and includes a sludge main, disposal main (within the meaning of section 219 of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works,
and in each case includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;
“functions” includes powers and duties;
“in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over or upon land; and
“statutory undertaker” means—
any licence holder within the meaning of Part 1 of the Electricity Act 1989;
a gas transporter within the meaning of Part 1 of the Gas Act 1986(3);
a water undertaker within the meaning of the Water Industry Act 1991; and
a sewerage undertaker within the meaning of Part 1 of the Water Industry Act 1991,
for the area of the authorised development, and in relation to any apparatus, means the undertaker to whom it belongs or by whom it is maintained.
1989 c. 29. The definition of “electrical plant” in section 64 was amended by section 108 of and Schedule 6 to the Utilities Act 2000 (c. 27). Part 1 of the Act was amended by Part 4 of the Utilities Act. There are other amendments to the Act not relevant to this Order.
1986 c. 44. A new section 7 was substituted by section 5 of the Gas Act 1995 (c. 45), and was further amended by section 76 of the Utilities Act 2000 (c. 27).