SCHEDULE 2 Application of Enactments Relating to Statutory Undertakers etc.
Application of particular enactments
2
In the M1Public Health Act 1936—
(a)
section 330 (power of certain undertakers in England and Wales to alter sewers), and
(b)
section 333 (protection of certain such undertakers from works executed under that Act),
shall apply in relation to a relevant airport operator and the airport in question as they apply in relation to a railway company and its railway.
F13
(1)
The following provisions (which relate to the protection of certain statutory undertakers), namely—
section 93 of Schedule 3 to the M2Water Act 1945, and
section 45 of Schedule 4 to the M3Water (Scotland) Act 1980,
shall apply with the necessary modifications in relation to any works which statutory water undertakers propose to execute along, upon or under any airport to which this Part applies, whether or not section 93 or section 45 has been applied to the undertakers by an order under that Act of 1945 or (as the case may be) under that Act of 1980.
(2)
In sub-paragraph (1) “statutory water undertakers” means—
(a)
in relation to England and Wales, statutory water undertakers within the meaning of the Water Act 1973 and includes a person authorised to construct works by an order under section 23 of the Water Act 1945; and
(b)
in relation to Scotland, F2Scottish Water .
4
F45
For the purposes of section 112 of the M5Land Drainage Act 1976 (protection of nationalised undertakings, etc.) an airport to which this Part applies shall be deemed to be an undertaking to which that section applies and the airport operator shall accordingly be deemed to be a person carrying on such an undertaking.
6
In the M6Building Act 1984—
(a)
section 4(1)(b) (exemption of buildings of statutory undertakers from building regulations), and
(b)
section 59(4) (exemption of such buildings from provisions relating to drainage),
shall apply in relation to a relevant airport operator as they apply in relation to statutory undertakers, but as if in those provisions any reference to a house included a hotel, and any reference to offices or showrooms did not include offices or showrooms on any airport to which this Part applies.