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Gas Act 1995

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Gas Act 1995, Paragraph 2 is up to date with all changes known to be in force on or before 28 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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2(1)A public gas transporter shall be deemed to be a statutory undertaker and his undertaking a statutory undertaking for the purposes of the following enactments, namely—

(i)the M1Public Health Act 1925;

(ii)the M2Public Health Act 1936;

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

(iv)section 4 of the M4Requisitioned Land and War Works Act 1948;

(v)the M5National Parks and Access to the Countryside Act 1949;

(vi)the M6Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951;

(vii)the M7Landlord and Tenant Act 1954;

(viii)the M8Opencast Coal Act 1958;

(ix)the M9Flood Prevention (Scotland) Act 1961;

(x)section 17(10) of the M10Public Health Act 1961;

(xi)the M11Pipe-lines Act 1962;

(xii)Schedule 3 to the M12Harbours Act 1964;

(xiii)section 40 of the M13Forestry Act 1967;

(xiv)section 50 of the M14Agriculture Act 1967;

(xv)sections 38 and 66 of the M15Countryside (Scotland) Act 1967;

(xvi)the M16New Towns (Scotland) Act 1968;

(xvii)section 11 of and paragraph 6 of Schedule 2 to the M17Countryside Act 1968;

(xviii)section 22 of the M18Sewerage (Scotland) Act 1968;

(xix)sections 19, 37, 45, 46, 108(2), 117 to 119, 121, 154(3), 170 to 172, 175, 181, 195(6), 198(3), 199(2), 202(3), 205, 211, 212, 214, 216 to 230, 233(7), 242, 266(6)(b) and 275(2) of, and Schedule 8, paragraphs 1 to 3 of Schedule 17 and Schedule 18 to, the M19Town and Country Planning (Scotland) Act 1972;

(xx)section 51 of the M20Land Compensation Act 1973;

(xxi)sections 47 and 67 of the M21Land Compensation (Scotland) Act 1973;

(xxii)section 73 of the M22Control of Pollution Act 1974;

(xxiii)the M23Welsh Development Agency Act 1975;

(xxiv)sections 15(3) and 26 of the M24Local Government (Miscellaneous Provisions) Act 1976;

(xxv)the M25Development of Rural Wales Act 1976;

(xxvi)section 9(3) of the M26Inner Urban Areas Act 1978;

(xxvii)the M27Ancient Monuments and Archaeological Areas Act 1979;

(xxviii)Parts XII and XVI and section 120 of the M28Local Government, Planning and Land Act 1980;

(xxix)the M29Highways Act 1980;

(xxx)the M30New Towns Act 1981;

(xxxi)the M31Acquisition of Land Act 1981;

(xxxii)the M32Civil Aviation Act 1982;

(xxxiii)section 30 of the M33Local Government (Miscellaneous Provisions) Act 1982;

(xxxiv)the M34Roads (Scotland) Act 1984;

(xxxv)the M35Building Act 1984;

(xxxvi)sections 283(2) and 296 of the M36Housing Act 1985;

(xxxvii)section 21 of the M37Road Traffic Act 1988.

(xxxviii)section 9 of the M38Enterprise and New Towns (Scotland) Act 1990;

(xxxix)section 7(5) of the M39Natural Heritage (Scotland) Act 1991.

(2)References to public gas suppliers in the following enactments shall have effect as references to a public gas transporter, namely—

(a)section 17(1)(b) of the M40Requisitioned Land and War Works Act 1945;

(b)the M41Local Government (Omnibus Shelters and Queue Barriers) (Scotland) Act 1958;

(c)section 7A(4)(b)(ii) of the M42Mines (Working Facilities and Support) Act 1966;

(d)section 109(2)(d) of the M43Transport Act 1968;

(e)section 204(2)(a) of the Town and Country Planning (Scotland) Act 1972;

(f)sections 73(11)(c) and 74(11)(b) of the Highways Act 1980;

(g)section 48(6)(c) of the Civil Aviation Act 1982;

(h)paragraph 3 of Schedule 5 to the M44Road Traffic Regulation Act 1984;

(i)section 80(3)(b) of the Building Act 1984;

(j)section 91 of the M45Planning (Listed Buildings and Conservation Areas) Act 1990;

(k)section 39 of the M46Planning (Hazardous Substances) Act 1990;

(l)section 52(1) of the M47Coal Mining Subsidence Act 1991;

(m)section 209(3)(b) of and paragraph 1(5)(e) of Schedule 13 to the M48Water Industry Act 1991;

(n)section 208(3)(b) of and paragraph 1(4)(e) of Schedule 22 to the M49Water Resources Act 1991;

(o)paragraph 1(1)(e) of Schedule 6 to the M50Land Drainage Act 1991.

(3)The reference in Schedule 4 to the M51Public Health Act 1961 to gas undertakers shall have effect as a reference to a public gas transporter.

(4)References in the M52Landlord and Tenant Act 1927 to a statutory company shall be deemed to include references to a public gas transporter.

(5)References to public utility undertakers in the M53Civil Defence Act 1939 shall be deemed to include references to a public gas transporter.

(6)References to public utility undertakers in the M54Highways Act 1980 shall be deemed to include references to a public gas transporter.

(7)Paragraph 23 of Schedule 2 to the M55Telecommunications Act 1984 (undertakers’ works) shall apply to a public gas transporter for the purposes of any works carried out by him.

(8)The reference in section 82(4) of the M56Building Act 1984 (provisions with respect to demolition orders) to a person authorised by an enactment to carry on an undertaking for the supply of gas shall be construed as a reference to a public gas transporter.

(9)References to public undertakers in section 125(7) of, and paragraphs 9 and 10 of Schedule 8 to, the M57Housing (Scotland) Act 1987 shall be deemed to include references to a public gas transporter.

(10)In the following enactments, namely—

(a)section 39 of the M58Opencast Coal Act 1958;

(b)paragraph 2 of Schedule 6 to the M59Gas Act 1965;

(c)the M60New Towns (Scotland) Act 1968;

(d)sections 195(6), 214 to 227, 266(6)(b) and 275(2) of, and Schedule 8 to, the M61Town and Country Planning (Scotland) Act 1972;

(e)the M62Welsh Development Agency Act 1975;

(f)the M63Development of Rural Wales Act 1976;

(g)the M64New Towns Act 1981;

(h)section 9 of the M65Enterprise and New Towns (Scotland) Act 1990;

(i)section 7(5) of the M66Natural Heritage (Scotland) Act 1991,

  • the appropriate Minister”, in relation to a public gas transporter, shall mean the Secretary of State for Trade and Industry.

(11)In the following enactments, namely—

(a)the M67Pipe-lines Act 1962;

(b)Schedule 3 to the M68Harbours Act 1964;

(c)section 121 of the Highways Act 1980; and

(d)the M69Acquisition of Land Act 1981,

  • the appropriate Minister”, in relation to a public gas transporter, shall mean the Secretary of State.

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