SCHEDULES
SCHEDULE 15PROTECTIVE PROVISIONS
PART 1FOR THE PROTECTION OF ELECTRICITY AND GAS UNDERTAKERS
Application
2. In this Part of this Schedule—
“affected undertaker” means—
any licence holder within the meaning of Part 1 (electricity supply) of the 1989 Act;
a gas transporter within the meaning of Part 1 (gas supply) of the Gas Act 1986(1)
for the area of the authorised development but, for the avoidance of doubt, does not include Eastern Power Networks Plc and Cadent Gas Limited which have the benefit of Part 2 and Part 3 of this Schedule respectively, and in relation to any apparatus, means the party to whom it belongs or by whom it is maintained;
“alternative apparatus” means alternative apparatus adequate to enable the affected undertaker in question to fulfil its statutory functions in a manner no less efficient than previously;
“apparatus” means—
in the case of an electricity undertaker, electric lines or electrical plant (as defined in the 1989 Act), belonging to or maintained by that affected undertaker;
in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by a gas transporter for the purposes of gas supply;
“functions” includes power and duties; and
“in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over or upon land.
1986 c. 44. Section 7 was substituted by section 5 of the Gas Act 1995 (c. 45) and was further amended by section 76 of the Utilities Act 2000 (c. 27). There are other amendments to section 7 which are not relevant to this Order.