as respects F6a universal postal service provider in connection with the provision of a universal postal service, as if the reference to sections 55, 247(4)(b), 253 and 257(2) were omitted; and

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;

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.

for the purposes of the provisions mentioned in subsection (7)(a), if he holds a licence under subsection (1) of that section;

for the purposes of the provisions mentioned in subsection (7)(b), if he is entitled to exercise any power conferred by Schedule 3 to that Act; and

for the purposes of the provisions mentioned in subsection (7)(c), if he is entitled to exercise any power conferred by paragraph 1 of Schedule 4 to that Act.

sections 55, 108(3), F5. . ., 139 to 141, 143, 148, 236(2)(a), 237, 245, 253, 263(1) and (2), 264, 266 to 283, 288(10)(a), 306, 325(9) and 336(2) and (3), paragraph 18 of Schedule 1 and Schedule 13;

sections 170(12)(b) and 238 to 241; and

sections 247(4) and 257(2) and Schedule 14.

land which is used for the purpose of carrying on their undertaking; and

land in which an interest is held for that purpose.

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

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

which is used by the provider, or by a company associated with him, for any purpose in connection with the provision of a universal postal service, or

in which the provider, or a company associated with him, holds an interest for any such purpose.

may define a class of land by reference to any circumstances whatsoever, and

in the case of the Civil Aviation Authority, may make provision for different circumstances, including prescribing different classes of land for the purposes of different provisions.

the interest was acquired by them on or after 6th December 1968; or

it was held by them immediately before that date but the circumstances were then such that the land did not fall to be treated as operational land for the purposes of the 1962 Act.

there is, or at some time has been, in force with respect to it a specific planning permission for its development; and

that development, if carried out, would involve or have involved its use for the purpose of the carrying on of the statutory undertakers’ undertaking.

the undertakers’ interest in the land was acquired by them as the result of a transfer under the provisions of the M3Transport Act 1968, the M4Transport (London) Act 1969, the M5Gas Act 1986, the M6Airports Act 1986 F17the Water Act 1989 or the Water Industry Act 1991F47or, in the case of land held by Canal & River Trust, the Public Bodies Act 2011 from other statutory undertakers; and

immediately before transfer the land was operational land of those other undertakers.

as the result of such a transfer as is mentioned in paragraph (a) of subsection (4); and

in such circumstances as are mentioned in paragraph (b) of that subsection.

granted on an application in that behalf made under Part III; or

granted by provisions of a development order F46... granting planning permission generally for development which has received specific parliamentary approval; or

granted by a special development order in respect of development specifically described in the order;

granted by a local development order or a neighbourhood development order; or

deemed to be granted by virtue of a direction of a government department under section 90(1).

the reference in paragraph (a) to Part III includes a reference to Part III of the 1971 Act and the enactments in force before the commencement of that Act and replaced by Part III of it; and

the reference in paragraph (d) to section 90(1) includes a reference to section 40 of the 1971 Act, section 41 of the 1962 Act and section 35 of the 1947 Act.

the Civil Aviation Authority, or

a person who holds a licence under Chapter I of Part I of the Transport Act 2000 or a company associated with that person,

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

in relation to statutory undertakers carrying on any railway, light railway, tramway, road transport, dock, harbour, pier or lighthouse undertaking, the Civil Aviation Authority, a person who holds a licence under Chapter 1 of Part 1 of the Transport Act 2000, or a relevant airport operator (within the meaning of Part 5 of the Airports Act 1986), the Secretary of State for Transport;

in relation to statutory undertakers carrying on an undertaking for the supply of hydraulic power, the F23Secretary of State for Trade and Industry;

in relation to F24a universal postal service provider, the Secretary of State for Trade and Industry; and

in relation to any other statutory undertakers, the Secretary of State for Communities and Local Government.

in relation to the National Rivers Authority, means the Secretary of State or the Minister of Agriculture, Fisheries and Food; and

in relation to a water or sewerage undertaker, means the Secretary of State.

if the appropriate Minister is not the one concerned as the Secretary of State, shall be construed as references to the Secretary of State and the appropriate Minister; and

if the one concerned as the Secretary of State is also the appropriate Minister, shall be construed as references to him alone,

an application for planning permission to develop land to which this subsection applies is made by statutory undertakers and is referred to the Secretary of State under Part III; or

an appeal is made to the Secretary of State under that Part from the decision on such an application; or

such an application is deemed to be made under subsection (5) of section 177 on an appeal under section 174 by statutory undertakers,

to operational land; and

to land in which the statutory undertakers hold or propose to acquire an interest with a view to its being used for the purpose of carrying on their undertaking, where the planning permission, if granted on the application or appeal, would be for development involving the use of the land for that purpose.

any consent, authority or approval to or for the development is granted by the department in pursuance of an enactment;

a compulsory purchase order is confirmed by the department authorising the purchase of land for the purpose of the development;

consent is granted by the department to the appropriation of land for the purpose of the development or the acquisition of land by agreement for that purpose;

authority is given by the department for the borrowing of money for the purpose of the development, or for the application for that purpose of any money not otherwise so applicable; or

any undertaking is given by the department to pay a grant in respect of the development in accordance with an enactment authorising the payment of such grants,

there subsists over that land a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking, being a right of way or a right of laying down, erecting, continuing or maintaining apparatus on, under or over the land; or

there is on, under or over the land apparatus vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking.

stating that at the end of the relevant period the right will be extinguished; or

requiring that before the end of that period the apparatus shall be removed.

stating that they object to all or any of the provisions of the notice; and

specifying the grounds of their objection.

any right to which the notice relates shall be extinguished at the end of the relevant period; and

if at the end of that period any requirement of the notice as to the removal of any apparatus has not been complied with, the acquiring or appropriating authority may remove the apparatus and dispose of it in any way the authority may think fit.

withdraw the notice (without prejudice to the service of a further notice); or

apply to the Secretary of State and the appropriate Minister for an order under this section embodying the provisions of the notice, with or without modification.

he may withdraw the notice (without prejudice to the service of a further notice); or

he and the appropriate Minister may make an order under this section embodying the provisions of the notice, with or without modification.

there subsists over that land a right conferred by or in accordance with the F29electronic communications code on the operator of F30an electronic communications code network , being a right of way or a right of laying down, erecting, continuing or maintaining apparatus on, under or over the land; or

there is on, under or over the land F31electronic communications apparatus kept installed for the purposes of any such F32network .

stating that at the end of the relevant period the right will be extinguished; or

requiring that before the end of that period the apparatus shall be removed.

stating that he objects to all or any of the provisions of the notice; and

specifying the grounds of his objection.

any right to which the notice relates shall be extinguished at the end of the relevant period; and

if at the end of that period any requirement of the notice as to the removal of any apparatus has not been complied with, the acquiring or appropriating authority may remove the apparatus and dispose of it in any way the authority may think fit.

withdraw the notice (without prejudice to the service of a further notice); or

apply to the Secretary of State and the Secretary of State for Trade and Industry for an order under this section embodying the provisions of the notice, with or without modification.

he may withdraw the notice (without prejudice to the service of a further notice); or

he and the Secretary of State for Trade and Industry may make an order under this section embodying the provisions of the notice, with or without modification.

there is on, under or over the land any apparatus vested in or belonging to statutory undertakers; and

the undertakers claim that development to be carried out on the land is such as to require, on technical or other grounds connected with the carrying on of their undertaking, the removal or re-siting of the apparatus affected by the development,

specifying the grounds of their objection.

references (except in subsection (1)(a)) to statutory undertakers shall have effect as references to the operator of any such F36network ; and

references to the appropriate Minister shall have effect as references to the Secretary of State for Trade and Industry.

any right to which the order relates shall be extinguished at the end of the period specified in that behalf in the order; and

if, at the end of the period so specified in relation to any apparatus, any requirement of the order as to the removal of the apparatus has not been complied with, the acquiring or appropriating authority may remove the apparatus and dispose of it in any way the authority may think fit.

to secure the provision of services which would not otherwise be provided, or satisfactorily provided, for any purpose in connection with which a local authority or Minister may be authorised under Part IX of this Act or under Chapter V of Part I of the M12Planning (Listed Buildings and Conservation Areas) Act 1990 to acquire land or in connection with which any such person may compulsorily acquire land under any other enactment; or

to facilitate an adjustment of the carrying on of the undertaking necessitated by any of the acts and events mentioned in subsection (2).

the acquisition under Part IX of this Act or that Chapter or compulsorily under any other enactment of any land in which an interest was held, or which was used, for the purpose of the carrying on of the undertaking of the statutory undertakers in question;

the extinguishment of a right or the imposition of any requirement by virtue of section 271 or 272;

a decision on an application made by the statutory undertakers for planning permission to develop any such land as is mentioned in paragraph (a);

the revocation or modification of planning permission granted on any such application;

the making of an order under section 102 or paragraph 1 of Schedule 9 in relation to any such land.

to secure the services in question, as mentioned in subsection (1)(a) or (3), or

to secure the adjustment in question, as mentioned in subsection (1)(b),

for applying in relation to the acquisition of any such land or the construction of any such works enactments relating to the acquisition of land and the construction of works;

where it has been represented that the making of the order is expedient for the purposes mentioned in subsection (1)(a) or (3), for giving effect to such financial arrangements between the local authority or Minister and the statutory undertakers as they may agree, or as, in default of agreement, may be determined to be equitable in such manner and by such tribunal as may be specified in the order;

for such incidental and supplemental matters as appear to the Secretary of State and the appropriate Minister to be expedient for the purposes of the order.

publish notice of the representation; and

if the Secretary of State and the appropriate Minister so direct, serve a similar notice on such persons, or persons of such classes, as they may direct.

shall be published in such form and manner as the Secretary of State and the appropriate Minister may direct;

shall give such particulars as they may direct of the matters to which the representation relates; and

shall specify the time within which, and the manner in which, objections to the making of an order on the representation may be made.

the compulsory acquisition under Part IX of this Act or under Chapter V of Part I of the M13Planning (Listed Buildings and Conservation Areas) Act 1990 or under any other enactment of any land in which an interest was held, or which was used, for the purpose of the carrying on of the undertaking of the statutory undertakers; and

the acts and events specified in section 275(2)(b) to (e).

by publishing in such form and manner as he may direct a notice, giving such particulars as he may direct of the matters to which the representation relates and specifying the time within which, and the manner in which, objections to the making of an order on the representation may be made;

by serving such a notice on such persons, or persons of such classes, as he may direct.

publish a notice stating that the order has been made and naming a place where a copy of it may be seen at all reasonable hours; and

the objection is made within the time and in the manner specified in the notice required by section 276 or, as the case may be, section 277; and

a statement in writing of the grounds of the objection is comprised in or submitted with the objection.

shall consider the grounds of the objection as set out in the statement; and

may, if he thinks fit, require the objector to submit within a specified period a further statement in writing as to any of the matters to which the objection relates.

after considering the grounds of the objection as so set out, the appropriate Minister is satisfied that, for the purpose of making a final decision, he is sufficiently informed as to the matters to which the objection relates; or

in a case where a further statement has been required, it is not submitted within the specified period,

in respect of any order under section 97, as modified by section 269, by which planning permission which was granted on the application of those undertakers for the development of any such land is revoked or modified.

any right vested in or belonging to statutory undertakers is extinguished; or

any requirement is imposed on statutory undertakers,

any right vested in or belonging to an operator of F39an electronic communications code network is extinguished; or

any requirement is imposed on such an operator,

works are carried out for the removal or re-siting of statutory undertakers’ apparatus; and

the undertakers have the right to carry out those works by virtue of section 273 or an order of Ministers under that section,

it relates to land acquired by the statutory undertakers after 7th January 1947; and

the Secretary of State and the appropriate Minister include in the decision or order a direction that subsection (1) shall not apply to it.

as mentioned in subsection (1), (2) or (4) of section 279;

under the provisions of section 115 in respect of an order made under section 102 or paragraph 1, 3, 5 or 6 of Schedule 9, as modified by section 270; or

in respect of a compulsory acquisition of land which has been acquired by those undertakers for the purposes of their undertaking, where the first-mentioned acquisition is effected under a compulsory purchase order confirmed or made without the appropriate Minister’s certificate,

the amount of any expenditure reasonably incurred in acquiring land, providing apparatus, erecting buildings or doing work for the purpose of any adjustment of the carrying on of the undertaking or, as the case may be, F41the provision of the electronic communications code network rendered necessary by the proceeding giving rise to compensation (a “business adjustment”);

the appropriate amount for loss of profits; and

where the compensation is under section 279(2) or (3), and is in respect of the imposition of a requirement to remove apparatus, the amount of any expenditure reasonably incurred by the statutory undertakers or, as the case may be, the operator in complying with the requirement, reduced by the value after removal of the apparatus removed.

where no business adjustment is made, such amount as appears reasonable compensation for any estimated decrease in net receipts from the carrying on of the undertaking or, as the case may be, F41the provision of the electronic communications code network which is directly attributable to the proceeding giving rise to compensation.

the estimated value of any property (whether moveable or immoveable) belonging to the statutory undertakers or the operator and used for the carrying on of their undertaking or, as the case may be, F41the provision of the electronic communications code network which in consequence of the adjustment ceases to be so used, in so far as the value of the property has not been taken into account under paragraph (c) of that subsection; and

the estimated amount of any increase in net receipts from the carrying on of the undertaking or F41the provision of the electronic communications code network in the period after the adjustment has been completed, in so far as that amount has not been taken into account in determining the amount mentioned in paragraph (b) of that subsection and is directly attributable to the adjustment.

the compensation is under section 279(4); and

the acquiring or appropriating authority carry out the works,

to the amount by which a balance of receipts over expenditure is decreased;

to the amount by which a balance of expenditure over receipts is increased; or

where a balance of receipts over expenditure is converted into a balance of expenditure over receipts, to the aggregate of the two balances;

except in relation to compensation under section 279(4), the particular action (that is to say, the decision, order, extinguishment of a right, imposition of a requirement or acquisition) in respect of which compensation falls to be assessed, as distinct from any development or project in connection with which that action may have been taken;

in relation to compensation under section 279(4), the circumstances making it necessary for the apparatus in question to be removed or re-sited;