F5 SCHEDULES

SCHEDULE 16 Minor and Consequential Amendments

Enactments relating to statutory undertakers etc.

2

1

A licence holder who is entitled to exercise any power conferred by Schedule 3 or 4 to this Act shall be deemed to be a statutory undertaker for the purposes of section 66 of the M1Countryside (Scotland) Act 1967 and section 11 of the M2Countryside Act 1968.

2

A licence holder who is entitled to exercise any power conferred by Schedule 3 to this Act shall be deemed to be a statutory undertaker and his undertaking a statutory undertaking for the purposes of the following enactments, namely—

a

the M3Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

b

the M4New Towns (Scotland) Act 1968;

c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

F2d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

e

section 120 of the M5Local Government, Planning and Land Act 1980;

f

the M6New Towns Act 1981;

g

the M7Acquisition of Land Act 1981; and

h

sections 47, 48, 49 and 51 of, and Schedule 9 to, the M8Civil Aviation Act 1982.

3

The reference in section 48(6) of the Civil Aviation Act 1982 to an electricity undertaker shall be construed as a reference to a licence holder who is entitled to exercise any power conferred by Schedule 4 to this Act.

4

A licence holder who is entitled to exercise any power conferred by paragraph 1 of Schedule 4 to this Act shall be deemed to be a statutory undertaker and his undertaking a statutory undertaking for the purposes of the following enactments, namely—

a

section 26 of the M9Public Health Act 1925;

b

section 17(1)(b) of the M10Requisitioned Land and War Works Act 1945;

c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

d

the M11Highways Act 1980; and

e

sections 296 and 611 of the M12Housing Act 1985.

5

References in the following enactments, namely—

a

section 6 of the M13Local Government (Miscellaneous Provisions) Act 1953;

b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

c

sections 176 and 185 of the M14Highways Act 1980; and

d

paragraph 3 of Schedule 5 to the M15Road Traffic Regulation Act 1984;

to electricity undertakers shall be construed as references to licence holders entitled to exercise any power conferred by paragraph 1 of Schedule 4 to this Act.

6

A licence holder entitled to exercise any power conferred by paragraph 1 of Schedule 4 to this Act shall be deemed to be a public utility undertaker for the purposes of the Highways Act 1980 F3. . ..

7

A licence holder who is entitled to exercise any power conferred by paragraph 2 of Schedule 4 to this Act shall be deemed to be a statutory undertaker and his undertaking a statutory undertaking for the purposes of the following enactments, namely—

F2a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

the M16Roads (Scotland) Act 1984.

8

References in the M17Local Government (Omnibus Shelters and Queue Barriers) (Scotland) Act 1958 F4. . . to electricity undertakers shall be construed as references to licence holders entitled to exercise any power conferred by paragraph 2 of Schedule 4 to this Act.

9

It is immaterial for the purposes of this paragraph whether any power conferred by, or by any provision of, Schedule 3 or 4 to this Act on the holder of a licence under section 6(1)(a) or (2) of this Act is qualified by restrictions, exceptions or conditions included in the licence.