Glasgow Airport Rail Link Act 2007

shall be entitled to recover from the authorised undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the person's drain or sewer communicate with any other public sewer or with a private sewage disposal plant.

5

The provisions of the 1997 Act mentioned in paragraphs 1 and 2, as applied by those paragraphs, shall not have effect in relation to apparatus as respects which Part IV of the 1991 Act applies.

6

In this schedule—

• “gas transporter” has the meaning given by section 7(1) of the Gas Act 1986 (c. 44);

• “public communications provider” has the meaning given by section 151(1) of the Communications Act 2003 (c. 21); and

• “utility undertaker” means a person who is—authorised by any enactment to carry on an undertaking for the supply of water;a gas transporter; orthe holder of a licence under section 6 of the Electricity Act 1989 (c. 29),and who is, or is deemed to be, a statutory undertaker within the meaning of section 214 of the 1997 Act.

SCHEDULE 8

1

• (1) Subject to sub-paragraph (2), if a listed building was such a building immediately before 1st September 2004 and is specified in columns (1), (2) and (3) of the following table—

• (a) section 6 of the Listed Buildings Act (restriction on works affecting listed buildings) shall not apply to works carried out in relation to the building in exercise of the powers conferred by Part 1 of this Act;

• (b) to the extent that a notice issued in relation to the building under section 34(1) of that Act (enforcement) requires the taking of steps which would be rendered ineffective, or substantially ineffective, by works proposed to be carried out in exercise of the powers conferred by Part 1 of this Act, it shall not have effect or, as the case may be, shall cease to have effect;

• (c) no steps may be taken in relation to the building under section 38(1) of that Act (execution of works specified in notice under section 34(1)) which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b); and

• (d) no works may be executed for the preservation of the building under section 49 of that Act (urgent works to preserve unoccupied listed buildings) which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b).

• (2) In the case of the building specified in columns (1), (2) and (3) of the following table in relation to which any description of works is specified in column (4) of that table, sub-paragraph (1) shall have effect as if the references to works carried out in exercise of the powers conferred by Part 1 of this Act were to works so carried out which are of a description specified in relation to it in that column.

• (3) Paragraphs (a) to (d) of sub-paragraph (1) shall also apply in relation to a listed building which was not such a building immediately before 1st September 2004.

• (4) Anything which, by virtue of section 1(4) of the Listed Buildings Act (objects or structures fixed to, or within the curtilage of, a building), is treated as part of a building for the purposes of that Act shall be treated as part of the building for the purposes of this paragraph.

2

Section 53 of the Listed Buildings Act (acts causing or likely to result in damage to listed buildings) shall not apply to anything done in exercise of the powers conferred by Part 1 of this Act with respect to works.

3

In this schedule—

• “the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c. 9); and

• “building” and “listed building” have the same meanings as in the Listed Buildings Act.

SCHEDULE 9

1

Before commencing construction of the authorised works located in the area of a local planning authority the authorised undertaker shall secure that the code of construction practice is submitted to the local planning authority for its written approval.

2

The local planning authority shall send a copy of every code submitted pursuant to paragraph 1, and any amendment or replacement proposed by the authorised undertaker pursuant to paragraph 3, to SNH and SEPA and shall take account of any representations made to the local planning authority by either of those bodies.

3

The authorised undertaker may with the approval of the local planning authority amend or replace the code of construction practice.

4

In approving the code of construction practice or any amendment or replacement submitted under this schedule the local planning authority may require the authorised undertaker to make amendments to the code or to the amendment or replacement as the case may be.

Authority to construct works

Authority to acquire land

No double recovery

Power to fell, etc. trees or shrubs

Incorporation of enactments

In the local government area of Renfrewshire—

Editorial notes

[^key-e2ba51b500bf8bf9a77356aa0203a99f]: S. 15(3) substituted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, Sch. 5 para. 51 (with s. 121, Sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2

[^key-f3fad521f8a586da031dce6adb6ab5da]: S. 50(2A) inserted (1.4.2017) by The Crown Estate Transfer Scheme 2017 (S.I. 2017/524), art. 1(2), Sch. 5 para. 37(b)

[^key-a10cfbccbc1e0de4a200f7102023cf32]: Words in s. 50(2)(a) inserted (1.4.2017) by The Crown Estate Transfer Scheme 2017 (S.I. 2017/524), art. 1(2), Sch. 5 para. 37(a)(i)

[^key-eb2d4973f39590b021ec3a831eb17537]: Words in s. 50(2)(a) inserted (1.4.2017) by The Crown Estate Transfer Scheme 2017 (S.I. 2017/524), art. 1(2), Sch. 5 para. 37(a)(ii)