Modifications etc. (not altering text)
C1Pt. XII (ss. 102-111) extended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(1)(xxviii); S.I. 1996/218, art. 2
C2Pt. XII extended by Gas Act 1986 (c. 44, SIF 44), s. 67(1)(3), Sch. 7 para. 2(1)(xxxix), Sch. 8 para. 33
C3Pt. XII (ss. 102–111) extended (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 190(1), Sch. 25 para. 1(2)(xxiv) (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)
C4Pt. XII (ss. 102–111), Pt. XVI (ss. 134–172) extended by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1), Sch. 16 para. 1(1)(xxxiv) (with s. 112(3), Sch. 17 paras. 33, 35(1))
The further provisions contained in Schedule 21 below (provisions about finance, accounts, records, information, etc. in relation to the Authority) shall have effect.
(1)Any expenses of the Secretary of State under this Part of this Act shall be paid out of money provided by Parliament.
(2)Any sum paid to the Secretary of State under this Part of this Act shall except as otherwise expressly provided, be paid into the Consolidated Fund.
(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[F3hydraulic power or water][F3or hydraulic power]
(b). . . F4 the Civil Aviation Authority, the [F5British Coal Corporation], the Post Office 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 [F6the 1990 Act], and
(c)any other authority, body or undertakers specified in an order made by the Secretary of State under this paragraph,
and “statutory undertaking” shall be construed accordingly.
(2)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 udertakers for the purposes of any provision of Part XI of [F6the 1990 Act], shall have the same meanings as in the said Part XI, 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.
(3)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.
(4)An order made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Textual Amendments
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 “or hydraulic power" substituted (E.W.) for “hydraulic power or water" by Water Act 1989 (c. 15, SIF 130), s. 190(1), Sch. 25 para. 61(3) (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)
F4Words repealed by Airports Act 1986 (c. 31, SIF 9), s. 83(5), Sch. 6 Pt. I
F5Words substituted by Coal Industry Act 1987 (c. 3, SIF 86), s. 1(2), Sch. 1 para. 38
F6Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 44(3)
In this Part of this Act, unless the context otherwise requires, the following expressions have the following meanings:—
“agriculture” has the meaning assigned to it by [F7section 336 of the 1990 Act]
“the Authority” means the Land Authority for Wales;
“common” includes any land subject to be enclosed under the Inclosure Acts 1845 to 1882, and any town or village green;
“development” has the meaning assigned to it by [F8section 55 of the 1990 Act] and cognate expressions shall be construed accordingly;
“disposing” includes disposing by sale, exchange or lease and, in the case of a lease, by grant or assignment, and cognate expressions shall be construed accordingly;
“fuel or field garden allotment” means any allotment set out as a fuel allotment, or a field garden allotment, under an Inclosure Act;
“land” means any corporeal hereditament, including a building and includes an interest in or right over land;
“lease” includes an underlease or sublease and an agreement for a lease, underlease or sublease, but does not include an option to take a lease or a mortgage;
[F9 “the 1981 Act” means the M1Acquisition of Land Act 1981;]
[F10“the 1990 Act” means the Town and Country Planning Act 1990;]
“the 1975 Act” means the M2Community Land Act 1975;
“open space” means any land laid out as a public garden or used for the purposes of public recreation, or land which is a disused burial ground.
Textual Amendments
F7Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 44(4)(a)
F8Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 44(4)(b)
F9Definition substituted by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34, Sch. 4 para. 30(3)
F10Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 44(4)(c)
Marginal Citations
M11981 c. 67 (28:1).
The supplementary provisions (including savings and transitional provisions) in Schedule 22 below shall have effect.
This Part of this Act (except paragraph 15 of Schedule 22) does not extend to Scotland or Northern Ireland.