C1Part XI Statutory Undertakers

Annotations:
Modifications etc. (not altering text)
C1

Pt XI (ss. 262-283) applied (10.11.1993) by 1993 c. 28, s. 169, Sch. 20 Pt. II para. 19(3); S.I. 1993/2762, art. 3

Pt. XI (ss. 262-283) modified (1.11.1995) by 1995 c. 25, s. 96, Sch. 13 para. 15(4)(a) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2

Pt. XI (ss. 262-283) applied (25.11.1998 for specified purposes otherwise 3.7.2000) by 1998 c. 45, s. 23, Sch. 6 para. 16(2)(3); S.I. 1998/2952, art. 2(1); S.I. 2000/1173, art. 2(2)(c)

Pt. XI (ss. 262-283) modified (1.11.1995) by 1995 c. 25, s. 96, Sch. 14 para. 13(4) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2

Preliminary

263 Meaning of “operational land”.

1

Subject to the following provisions of this section and to section 264, in this Act “operational land” means, in relation to statutory undertakers—

a

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

b

land in which an interest is held for that purpose.

2

Paragraphs (a) and (b) of subsection (1) do not include land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used, or in which interests are held, for the purpose of the carrying on of statutory undertakings.

3

In sections 108(3), 123(3) and (4), 266 to 283 and Part II of Schedule 8 “operational land”, in relation to the Post Office and the Civil Aviation Authority, means land of the Post Office’s or, as the case may be, of the Authority’s of any such class as may be prescribed by regulations.

4

Such regulations—

a

shall be made—

i

in the case of the Post Office, by the appropriate Minister and the Secretary of State acting jointly; and

ii

in the case of the Civil Aviation Authority, by the appropriate Minister;

b

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

c

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.