Q&As

Does a private heritage railway fall within the definition of statutory undertaker in section 126 of the Building Act 1984?

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Produced in partnership with Sarah Fitzpatrick of Norton Rose Fulbright
Published on LexisPSL on 24/02/2020

The following Construction Q&A Produced in partnership with Sarah Fitzpatrick of Norton Rose Fulbright provides comprehensive and up to date legal information covering:

  • Does a private heritage railway fall within the definition of statutory undertaker in section 126 of the Building Act 1984?

Section 126 of the Building Act 1984 (BA 1984) is the general interpretation section of BA 1984. In it, ‘statutory undertakers’ is defined as:

‘…persons authorised by an enactment or statutory order to construct, work or carry on a railway, canal, inland navigation, dock, harbour, tramway, or other public undertaking; but does not include a universal service provider (within the meaning of Part 3 of the Postal Services Act 2011) or a relevant company (within the meaning of Part 4 of the Postal Services Act 2000).’

The definition appears a few times in BA 1984, but of principal note is BA 1984, s 4, which provides that:

‘…nothing in this Part of this Act with respect to building regulations, and nothing in any building regulations, applies in relation

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