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Town and Country Planning Act 1990

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This is the original version (as it was originally enacted).

265Meaning of “the appropriate Minister”

(1)Subject to the following provisions of this section, in this Act “the appropriate Minister” means—

(a)in relation to statutory undertakers carrying on any railway, light railway, tramway, road transport, dock, harbour, pier or lighthouse undertaking, the Civil Aviation Authority or a relevant airport operator (within the meaning of Part V of the [1986 c. 31.] Airports Act 1986), the Secretary of State for Transport;

(b)in relation to statutory undertakers carrying on an undertaking for the supply of hydraulic power, the Secretary of State for Energy;

(c)in relation to the Post Office, the Secretary of State for Trade and Industry; and

(d)in relation to any other statutory undertakers, the Secretary of State for the Environment.

(2)For the purposes of sections 170(12), 266 to 280, 325(9) and 336(2) and (3) and Part II of Schedule 8, “the appropriate Minister”, in relation to a public gas supplier or a holder of a licence under section 6 of the [1989 c. 29.] Electricity Act 1989, means the Secretary of State for Energy.

(3)For the purposes of sections 170(12), 266 to 280, 325(9) and 336(2) and (3) and Part II of Schedule 8 and Schedule 14 “the appropriate Minister”—

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

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

(4)References in this Act to the Secretary of State and the appropriate Minister—

(a)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

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

and similarly with references to a Minister and the appropriate Minister and with any provision requiring the Secretary of State to act jointly with the appropriate Minister.

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