Electricity Act 1989

Section 112(1).

SCHEDULE 16 U.K. Minor and Consequential Amendments

Enactments relating to statutory undertakers etc. E+W+S

1 (1) The holder of a licence under section 6(1) of this Act shall be deemed to be a statutory undertaker and his undertaking a statutory undertaking for the purposes of the following enactments, namely—

(i) section 16 of the M1 Public Health Act 1925;

(ii) the M2 Public Health Act 1936;

(iii) section 33 of the M3 Coal Act 1938;

(iv) Schedule 3 to the M4 Water Act 1945;

(v) section 4 of the M5 Requisitioned Land and War Works Act 1948;

[F1 F2 (vi) the M6 Water Act 1948;]

(vii) the National Parks and Access to the M7 Countryside Act 1949;

(viii) the M8 Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951;

(ix) the M9 Landlord and Tenant Act 1954;

(x) the M10 Opencast Coal Act 1958;

(xi) the M11 Flood Prevention (Scotland) Act 1961;

(xii) section 17(10) of the M12 Public Health Act 1961;

(xiii) the M13 Pipe-lines Act 1962;

(xiv) Schedule 3 to the M14 Harbours Act 1964;

(xv) Schedule 6 to the M15 Gas Act 1965;

(xvi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(xvii) section 40 of the M16 Forestry Act 1967;

(xviii) section 50 of the M17 Agriculture Act 1967;

(xix) section 38 of the M18 Countryside (Scotland) Act 1967;

(xx) paragraph 6 of Schedule 2 to the M19 Countryside Act 1968;

(xxi) section 22 of the M20 Sewerage (Scotland) Act 1968;

(xxii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(xxiii) sections 19, 108(2), 117, 121, 138, 154(3), 170 to 172, 175, 181, 202(3), 205, 211, 212, 214 to 230, 233(7), 242, 266(6)(b) and 275(2) of, and Schedule 8 and paragraphs 1 to 3 of Schedule 17 to, the M21 Town and Country Planning (Scotland) Act 1972;

(xxiv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(xxv) sections 51 . . . F4 of the M22 Land Compensation Act 1973;

(xxvi) sections 47 and 67 of the M23 Land Compensation (Scotland) Act 1973;

(xxvii) Part III of the M24 Control of Pollution Act 1974;

(xxviii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(xxix) the M25 Welsh Development Agency Act 1975;

(xxx) sections 15(3) and 26 of the M26 Local Government (Miscellaneous Provisions) Act 1976;

(xxxi) the M27 Development of Rural Wales Act 1976;

(xxxii) section 9(3) of the M28 Inner Urban Areas Act 1978;

(xxxiii) the M29 Ancient Monuments and Archaeological Areas Act 1979;

(xxxiv) Parts XII and XVI of the M30 Local Government, Planning and Land Act 1980;

(xxxv) section 53 of the M31 Civil Aviation Act 1982;

(xxxvi) section 30 of the M32 Local Government (Miscellaneous Provisions) Act 1982;

(xxxvii) section 120 of the M33 Civic Government (Scotland) Act 1982;

(xxxviii) section 2(2)(c) of the M34 Cycle Tracks Act 1984;

(xxxix) the M35 Building Act 1984;

(xl) section 283(2) of the M36 Housing Act 1985;

(xli) paragraph 11 of Schedule 8 to the M37 Housing (Scotland) Act 1987.

[F1 (xlii) section 9 of the Enterprise and New Towns (Scotland) Act 1990.]

(2) References in the M38 Landlord and Tenant Act 1927 to a statutory company shall be construed as including references to the holder of a licence under section 6(1) of this Act.

(3) In the M39 Civil Defence Act 1939, references to public utility undertakers shall be construed as including references to a person who is carrying on activities which he is authorised by a licence or exemption to carry on and references to an electricity undertaking shall be construed as references to the undertaking carried on by any such person.

(4) The references in sections 73(11)(c) and 74(11)(b) of the M40 Highways Act 1980 to electricity undertakers shall be construed as references to the holder of a licence under section 6(1)(a) of this Act.

[F2 (5) The holder of a licence under section 6(1) of this Act shall be deemed to be an excepted undertaker for the purposes of section 6 of the M41 Water Act 1981.]

(6) Paragraph 23 of Schedule 2 to the M42 Telecommunications Act 1984 (undertakers’ works) shall apply to a licence holder for the purposes of any works carried out by him.

(7) The reference in section 82(4) of the M43 Building Act 1984 (provisions with respect to demolition orders) to a person authorised by an enactment to carry on an undertaking for the supply of electricity shall be construed as a reference to a licence holder.

(8) A licence holder shall be deemed to be a public undertaker and his undertaking a public undertaking for the purposes of section 125 of, and paragraphs 9 and 10 of Schedule 8 to, the M44 Housing (Scotland) Act 1987.

Textual Amendments

F1 Sch. 16 para. 1(1)(xlii) added by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(1), Sch 4 para. 17(a)

F2 Sch. 16 para. 1(1)(vi) and (5) repealed (E.W.) (01.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 3(1), 4(2), Sch. 3 Pt.I.

F3 Sch. 16 para. 1(1)(xvi) repealed by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(2), Sch. 5 Pt. III

F4 Sch. 16 para. 1(1)(xxii)(xxiv) and words in para. 1(1)(xxv) repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I

F5 Sch. 16 para. 1(1)(xxviii), para. 3(2)(f) repealed by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(2), Sch. 5 Pt. I

Marginal Citations

M1 1925 c. 71.

M2 1936 c. 49.

M3 1938 c. 52.

M4 1945 c. 42.

M5 1948 c. 17.

M6 1948 c. 22.

M7 1949 c. 97.

M8 1951 c. 65.

M9 1954 c. 56.

M10 1958 c. 69.

M11 1961 c. 41.

M12 1961 c. 64.

M13 1962 c. 58.

M14 1964 c. 40.

M15 1965 c. 36.

M16 1967 c. 10.

M17 1967 c. 22.

M18 1967 c. 86.

M19 1968 c. 41.

M20 1968 c. 47.

M21 1972 c. 52.

M22 1973 c. 26.

M23 1973 c. 56.

M24 1974 c. 40.

M25 1975 c. 70.

M26 1976 c. 57.

M27 1976 c. 75.

M28 1978 c. 50.

M29 1979 c. 46.

M30 1980 c. 65.

M31 1982 c. 16.

M32 1982 c. 30.

M33 1982 c. 45.

M34 1984 c. 38.

M35 1984 c. 55.

M36 1985 c. 68.

M37 1987 c. 27.

M38 1927 c. 36.

M39 1939 c. 31.

M40 1980 c. 66.

M41 1981 c. 12.

M42 1984 c. 12.

M43 1984 c. 55.

M44 1987 c. 26.

2 (1) A licence holder who is entitled to exercise any power conferred by Schedule 3 or 4 to this Act shall be deemed to be a statutory undertaker for the purposes of section 66 of the M45 Countryside (Scotland) Act 1967 and section 11 of the M46 Countryside Act 1968.

(2) A licence holder who is entitled to exercise any power conferred by Schedule 3 to this Act shall be deemed to be a statutory undertaker and his undertaking a statutory undertaking for the purposes of the following enactments, namely—

(a) the M47 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

(b) the M48 New Towns (Scotland) Act 1968;

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

(d) sections 118, 119 and 195(6)(b) of the M49 Town and Country Planning (Scotland) Act 1972;

(e) section 120 of the M50 Local Government, Planning and Land Act 1980;

(f) the M51 New Towns Act 1981;

(g) the M52 Acquisition of Land Act 1981; and

(h) sections 47, 48, 49 and 51 of, and Schedule 9 to, the M53 Civil Aviation Act 1982.

(3) The reference in section 48(6) of the Civil Aviation Act 1982 to an electricity undertaker shall be construed as a reference to a licence holder who is entitled to exercise any power conferred by Schedule 4 to this Act.

(4) A licence holder who is entitled to exercise any power conferred by paragraph 1 of Schedule 4 to this Act shall be deemed to be a statutory undertaker and his undertaking a statutory undertaking for the purposes of the following enactments, namely—

(a) section 26 of the M54 Public Health Act 1925;

(b) section 17(1)(b) of the M55 Requisitioned Land and War Works Act 1945;

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

(d) the M56 Highways Act 1980; and

(e) sections 296 and 611 of the M57 Housing Act 1985.

(5) References in the following enactments, namely—

(a) section 6 of the M58 Local Government (Miscellaneous Provisions) Act 1953;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

(c) sections 176 and 185 of the M59 Highways Act 1980; and

(d) paragraph 3 of Schedule 5 to the M60 Road Traffic Regulation Act 1984;

to electricity undertakers shall be construed as references to licence holders entitled to exercise any power conferred by paragraph 1 of Schedule 4 to this Act.

(6) A licence holder entitled to exercise any power conferred by paragraph 1 of Schedule 4 to this Act shall be deemed to be a public utility undertaker for the purposes of the Highways Act 1980 F7 . . ..

(7) A licence holder who is entitled to exercise any power conferred by paragraph 2 of Schedule 4 to this Act shall be deemed to be a statutory undertaker and his undertaking a statutory undertaking for the purposes of the following enactments, namely—

(a) sections 198(3) and 199(2) of, and Schedule 18 to, the M61 Town and Country Planning (Scotland) Act 1972; and

(b) the M62 Roads (Scotland) Act 1984.

(8) References in the M63 Local Government (Omnibus Shelters and Queue Barriers) (Scotland) Act 1958 and section 204 of the Town and Country Planning (Scotland) Act 1972 to electricity undertakers shall be construed as references to licence holders entitled to exercise any power conferred by paragraph 2 of Schedule 4 to this Act.

(9) It is immaterial for the purposes of this paragraph whether any power conferred by, or by any provision of, Schedule 3 or 4 to this Act on the holder of a licence under section 6(1)(a) or (2) of this Act is qualified by restrictions, exceptions or conditions included in the licence.

Textual Amendments

F6 Sch. 16 para. 2(2)(c)(4)(c)(5)(b) repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I

F7 Words in Sch. 16 para. 2(6) repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59), s. 168(2), Sch.9; (E.W.) S.I. 1992/2984, art. 2(2), Sch.2 and (S.) S.I. 1992/2990, art. 2(2), Sch.2.

Marginal Citations

M45 1967 c. 86.

M46 1968 c. 41.

M47 1947 c. 42.

M48 1968 c. 16.

M49 1972 c. 52.

M50 1980 c. 65.

M51 1981 c. 64.

M52 1981 c. 67.

M53 1982 c. 16.

M54 1925 c. 71.

M55 1945 c. 43.

M56 1980 c. 66.

M57 1985 c. 68.

M58 1953 c. 26.

M59 1980 c. 66.

M60 1984 c. 27.

M61 1972 c. 52.

M62 1984 c. 54.

M63 1958 c. 50.

3 (1) In the following enactments, namely—

[F8 (a) the M64 Water Act 1948;]

(b) section 39 of the M65 Opencast Coal Act 1958 except in its application to Scotland;

(c) paragraph 2 of Schedule 6 to the M66 Gas Act 1965;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

(e) the M67 Welsh Development Agency Act 1975;

(f) the M68 the Development of Rural Wales Act 1976;

(g) the M69 New Towns Act 1981,

“the appropriate Minister”, in relation to a a licence holder, shall mean the [F10 Secretary of State for Trade and Industry].

(2) In the following enactments, namely—

(a) section 39 of the Opencast Coal Act 1958 in its application to Scotland;

(b) the M70 Pipe-lines Act 1962;

(c) Schedule 3 to the M71 Harbours Act 1964;

(d) the M72 New Towns (Scotland) Act 1968;

(e) sections 195(6), 214 to 227, 266(6)(b) and 275(2) of, and Schedule 8 to, the M73 Town and Country Planning (Scotland) Act 1972;

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

(g) section 121 of the M74 Highways Act 1980;

(h) the M75 Acquisition of Land Act 1981,

[F12 (i) section 9 of the Enterprise and New Towns (Scotland) Act 1990;]“the appropriate Minister”, in relation to a licence holder, shall mean the Secretary of State.

Textual Amendments

F8 Sch. 16 para. 3(1)(a) repealed (E.W.) (01.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 3(1), 4(2), Sch. 3 Pt. I.

F9 Sch. 16 para. 3(1)(d) repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I

F10 Words in Sch. 16 para. 3(1) substituted (5.7.1992) by S.I. 1992/1314, art. 3(3), Sch. para. 1(e).

F11 Sch. 16 para. 3(2)(f) repealed by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(2), Sch. 5 Pt. I

F12 Sch. 16 para. 3(2)(i) inserted by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(1), Sch. 4 para. 17(b)

Marginal Citations

M64 1948 c. 42.

M65 1958 c. 69.

M66 1965 c. 36.

M67 1975 c. 70.

M68 1976 c. 75.

M69 1981 c. 64.

M70 1962 c. 58.

M71 1964 c. 40.

M72 1968 c. 16.

M73 1972 c. 52.

M74 1980 c. 66.

M75 1981 c. 67.

The Civil Defence Act 1939 (c.31) E+W+S

4 E+W+S In section 90 of the Civil Defence Act 1939 (interpretation), in the definition of “the appropriate department” for the words “the Electricity Commissioners” (as originally enacted) there shall be substituted the words “the Secretary of State”.

The Water Act 1945 (c.42) E+W+S

5 E+W+S In Schedule 3 to the Water Act 1945 (incorporated provisions: water undertakings), in section 70, in paragraph (b) of the proviso, for the words “section fifteen of the Electric Lighting Act, 1882, or section seventeen of the Schedule to the Electric Lighting (Clauses) Act, 1899” there shall be substituted the words “paragraph 3 of Schedule 4 to the Electricity Act 1989”.

The Wireless Telegraphy Act 1949 (c.54) E+W+S

6 E+W+S In section 19(2) of the Wireless Telegraphy Act 1949 (definition of “electric line”) for the words “the Electric Lighting Act, 1882” there shall be substituted the words “the Electricity Act 1989”.

The Public Utilities Street Works Act 1950 (c.39) E+W+S

F13 7 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13 Sch. 16 para. 7 repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59), s. 168(2), Sch.9; (E.W.) S.I. 1992/2984, art. 2(2), Sch. 2 and (S.) S.I. 1992/2990, art. 2(2), Sch.2.

The Rights of Entry (Gas and Electricity Boards) Act 1954 (c.21) E+W+S

8 (1) The Rights of Entry (Gas and Electricity Boards) Act 1954 shall be amended as follows. E+W+S

(2) For subsection (2) of section 1 there shall be substituted the following subsection—

“(2) This Act applies to all rights of entry conferred by—

(a) the Gas Act 1986, regulations made under it or any other enactment relating to gas,

(b) Schedule 6 to the Electricity Act 1989, and

(c) any local enactment relating to gas or electricity,

in so far as those rights are exercisable for the purposes of a public gas supplier or a public electricity supplier.”

(3) In subsection (1) of section 2—

(a) for the words from “required” to “Board”, in the second place where it occurs, there shall be substituted the words “required by a public gas supplier, a public electricity supplier or by an employee of such a supplier”;

(b) for the words “the supplier or Board or his or their employee”, in both places where they occur, there shall be substituted the words “the supplier or his employee”.

(4) For subsection (3) of that section there shall be substituted the following subsection—

“(3) Where paragraph (a) of subsection (2) above applies—

(a) section 46 of the Gas Act 1986 (if entry is required for the purposes of a public gas supplier); or

(b) section 109 of the Electricity Act 1989 (if entry is required for the purposes of a public electricity supplier),

shall apply to the service of the notice required by that paragraph.”

(5) In section 3(1)—

(a) the definition of “Electricity Board” shall cease to have effect;

(b) for the definition of “employee” there shall be substituted the following definition—

““employee”, in relation to a gas or electricity supplier, means an officer, servant or agent of the supplier”

(c) after the definition of “premises” there shall be inserted the following definition—

““public electricity supplier” has the same meaning as in Part I of the Electricity Act 1989;”.

The Land Powers (Defence) Act 1958 (c.30) E+W+S

9 E+W+S In section 14(2)(b) of the Land Powers (Defence) Act 1958 for the words “Electric Lighting Act, 1882” there shall be substituted the words “Electricity Act 1989”.

The Water Resources Act 1963 (c.38) E+W+S

[F14 10 S In section 19(4)(f) of, and in paragraph 4(h) of Schedule 7 to, the Water Resources Act 1963, for the words “Central Electricity Generating Board” there shall be substituted the words “a person authorised by a licence under Part I of the Electricity Act 1989 to generate electricity”.]

Textual Amendments

F14 Sch. 16 para. 10 repealed (E.W.) (01.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 3(1), 4(2), Sch. 3 Pt.I.

The Nuclear Installations Act 1965 (c.57) U.K.

11 U.K. For subsection (4) of section 3 of the Nuclear Installations Act 1965 (nuclear site licences) there shall be substituted the following subsection—

“(4) Subsection (3) of this section shall not apply in relation to an application in respect of a site for a generating station where a consent under section 36 of the Electricity Act 1989 or Article 33 of the Electricity Supply (Northern Ireland) Order 1972 is required for the operation of the station.”

The Building Control Act 1966 (c.27) E+W+S

12 E+W+S In section 5(1) of the Building Control Act 1966, after paragraph (f) there shall be inserted the following paragraph—

“(ff) a public electricity supplier within the meaning of Part I of the Electricity Act 1989”.

The Forestry Act 1967 (c.10) E+W+S

13 (1) Section 9 of the Forestry Act 1967 (licences for tree felling) shall be amended as follows. E+W+S

(2) In subsection (4)(c), for the words from “an Electricity Board” to the end there shall be substituted “an electricity operator, because the tree is or will be in such close proximity to an electric line or electrical plant which is kept installed or is being or is to be installed by the operator as to have the effect mentioned in paragraph 9(1)(a) or (b) of Schedule 4 to the Electricity Act 1989;”

(3) In subsection (6) for the definitions of “Electricity Board” and “electric line” there shall be substituted—

““electricity operator” means a licence holder within the meaning of Part I of the Electricity Act 1989 by whom the powers conferred by paragraph 9 (tree lopping) of Schedule 4 to that Act are exercisable;

“electric line” and “electrical plant” have the same meanings as in Part I of the Electricity Act 1989;”.

The Transport Act 1968 (c. 73) E+W+S

14 E+W+S In section 109(2) of the Transport Act 1968, for paragraphs (e), (f) and (g), there shall be substituted—

“(e) a public electricity supplier within the meaning of Part I of the Electricity Act 1989;”.

The Post Office Act 1969 (c.48) E+W+S

15 In section 7(1A) of the Post Office Act 1969 (powers of Post Office), after paragraph (ca) there shall be inserted the following paragraph—

“(cb) a public electricity supplier (within the meaning of Part I of the Electricity Act 1989);”.

The Fair Trading Act 1973 (c.41) E+W+S

16 (1) The Fair Trading Act 1973 shall be amended as follows. E+W+S

(2) At the end of subsection (1) of section 16 there shall be added the words “or

(c) is carried on in connection only with the supply of electricity by a licence holder within the meaning of Part I of the Electricity Act 1989.”

(3) After subsection (2) of that section there shall be inserted the following subsection—

“(2A) In this section “the appropriate Minister”, in relation to a licence holder within the meaning of Part I of the Electricity Act 1989, means the Secretary of State responsible for matters relating to energy.”

(4) In section 133(2)(a) (exceptions to general restriction on disclosure of information), after the words “the Director General of Water Services,” there shall be inserted the words “the Director General of Electricity Supply,” and after the words “the Water Act 1989,” there shall be inserted the words “or the Electricity Act 1989,”.

(5) In Schedule 5 (goods and services referred to in section 16), paragraph 3 (electricity) shall cease to have effect.

The Consumer Credit Act 1974 (c. 39) E+W+S

17 (1) The Consumer Credit Act 1974 shall be amended as follows. E+W+S

(2) In section 174(3)(a) (exceptions to restrictions on disclosure of information), after the words “Water Act 1989” there shall be inserted the words “or the Electricity Act 1989” and after the words “the Director General of Water Services” there shall be inserted the words “the Director General of Electricity Supply,”.

(3) In section 189, for the words “the Electric Lighting Act 1882” there shall be substituted the words “the Electricity Act 1989”.

The Control of Pollution Act 1974 (c. 40) E+W+S

[F15 18 (1) Section 21 of the Control of Pollution Act 1974 (power of disposal authority to produce and dispose of energy from waste) shall be amended as follows. E+W+S

(2) In subsection (1), for the words “subsections (2) and (3)” there shall be substituted the words “subsection (2)” and after the words “use, sell or otherwise dispose of any heat” there shall be inserted the words “or electricity”.

(3) For subsections (2) and (3) there shall be substituted the following subsection—

“(2) Nothing in subsection (1) of this section shall be construed as exempting a disposal authority from the requirements of Part I of the Electricity Act 1989.”

(4) In subsection (6), the words “(except the restrictions imposed by subsections (2) and (3))” shall cease to have effect.]

Textual Amendments

F15 Sch. 16 para. 18 repealed (prosp.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 162(2), 164(2)(3), Sch. 16 Pt. II

The Restrictive Trade Practices Act 1976 (c. 34) E+W+S

19 E+W+S In section 41(1)(a) of the Restrictive Trade Practices Act 1976 (disclosure of information), after the words “the Director General of Water Supply” there shall be inserted the words “the Director General of Electricity Supply” and after the words “or the Water Act 1989” there shall be inserted the words “or the Electricity Act 1989”.

The Local Government (Miscellaneous Provisions) Act 1976 (c. 57) E+W+S

20 (1) Section 11 of the Local Government (Miscellaneous Provisions) Act 1976 (production and supply of energy by local authorities) shall be amended as follows. E+W+S

(2) In subsection (1)(d), after the words “heat produced or acquired” there shall be inserted the words “or electricity produced”.

(3) For subsections (2) and (3) there shall be substituted the following subsections—

“(2) Nothing in subsection (1) of this section shall be construed as exempting a local authority from the requirements of Part I of the Electricity Act 1989.

(3) Except in such cases as may be prescribed, a local authority shall not be entitled to sell electricity which is produced otherwise than in association with heat.”

(4) In subsection (7)—

(a) the definition of “Electricity Board” shall cease to have effect;

(b) at the end of the definition of “prescribed” there shall be added the words “which, in the case of regulations under subsection (3) of this section, shall be subject to annulment in pursuance of a resolution of either House of Parliament”; and

(c) after the words “local authority” there shall be inserted the words “(in its capacity as such)”.

The Land Drainage Act 1976 (c. 70) E+W+S

[F16 21 S In section 112(2)(a) of the Land Drainage Act 1976 (protection of nationalised undertakings etc.) for the words “any Electricity Board” there shall be substituted the words “any public electricity supplier (within the meaning of Part I of the Electricity Act 1989) or any person authorised by a licence under that Part to generate or transmit electricity”.]

Textual Amendments

F16 Sch. 16 para. 21 repealed (E.W.) (01.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 3(1), 4(2), Sch. 3 Pt.I.

The Energy Act 1976 (c. 76) E+W+S

22 E+W+S In section 14 of the Energy Act 1976 (fuelling for new and converted power stations), for subsection (6) there shall be substituted the following subsection—

“(6) This section does not affect section 36 of the Electricity Act 1989 (which operates so as, in certain circumstances, to require the Secretary of State’s consent for power station construction etc.).”

The Land Registration (Scotland) Act 1979 (c. 33) E+W+S

23 E+W+S In section 28(1) of the Land Registration (Scotland) Act 1979 (interpretation), in the definition of “overriding interest”, after paragraph (ee) there shall be inserted the following paragraphs—

“(ef) a licence holder within the meaning of Part I of the Electricity Act 1989 having such a wayleave as is mentioned in paragraph 6 of Schedule 4 to that Act (wayleaves for electric lines), whether granted under that paragraph or by agreement between the parties;

(eg) a licence holder within the meaning of Part I of the Electricity Act 1989 who is authorised by virtue of paragraph 1 of Schedule 5 to that Act to abstract, divert and use water for a generating station wholly or mainly driven by water.”.

The Estate Agents Act 1979 (c. 38) E+W+S

24 E+W+S In section 10(3)(a) of the Estate Agents Act 1979 (exceptions to restrictions on disclosure of information), after the words “Water Act 1989” there shall be inserted the words “or the Electricity Act 1989” and after the words “the Director General of Water Services,” there shall be inserted the words “the Director General of Electricity Supply”.

The Competition Act 1980 (c. 21) E+W+S

25 E+W+S In section 19 of the Competition Act 1980 (exceptions to restrictions on disclosure of information)—

(a) in subsection (2)(a), after the words “the Director General of Water Services,” there shall be inserted the words “the Director General of Electricity Supply,”; and

(b) in subsection (3), after paragraph (l) there shall be inserted the following paragraph—

“(m) the Electricity Act 1989.”

The Water (Scotland) Act 1980 (c. 45) E+W+S

26 (1) The Water (Scotland) Act 1980 shall be amended as follows. E+W+S

(2) In Schedule 1 (procedure in relation to orders and byelaws)—

(a) in paragraph 2(ii), after the words “public undertakers” there shall be inserted the words “or licence holder within the meaning of Part I of the Electricity Act 1989”, and after the words “authorised by” there shall be inserted the words “or by virtue of”;

(b) in paragraph 6, after the words “undertakers” there shall be inserted the words “or licence holder”;

(c) in paragraph 11(ii), after the words “public undertakers” there shall be inserted the words “or licence holder within the meaning of Part I of the Electricity Act 1989”, and after the words “authorised by” there shall be inserted the words “or by virtue of”; and

(d) in paragraph 15, after the word “undertakers” there shall be inserted the words “or licence holder”.

(3) In Schedule 4 (provisions to be incorporated in orders relating to statutory undertakers)—

(a) in section 5(4), for the words from “the expressions” to the end there shall be substituted the words—

““electric line” has the same meaning as in Part I of the Electricity Act 1989;

“electricity undertakers” means public electricity suppliers within the meaning of Part I of the Electricity Act 1989 and persons authorised by a licence under that Part to generate or transmit electricity.”; and

(b) in paragraph (b) of the proviso to section 36, for the words “electricity undertakers” there shall be substituted the words “public electricity supplier (within the meaning of Part I of the Electricity Act 1989) or any person authorised by a licence under that Part to generate or transmit electricity.”

The Highways Act 1980 (c. 66) E+W+S

F17 27 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17 Sch. 16 para. 27 repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59), s. 168(2), Sch.9; (E.W.) S.I. 1992/2984, art. 2(2), Sch.2 and (S.) S.I. 1992/2990, art. 2(2), Sch.2.

The Acquisition of Land Act 1981 (c. 67) E+W+S

28 E+W+S In section 28 of the Acquisition of Land Act 1981 (acquisition of rights over land by the creation of new rights), after paragraph (g) there shall be inserted the following paragraph—

“(h) paragraph 1 of Schedule 3 to the Electricity Act 1989.”

The Telecommunications Act 1984 (c. 12) E+W+S

29 (1) The Telecommunications Act 1984 shall be amended as follows. E+W+S

(2) In section 98 (use of certain conduits for telecommunications purposes)—

(a) for the words “the Electric Lighting Act 1882” there shall be substituted the words “the Electricity Act 1989”; and

(b) in the definition of “electricity authority”, for the words from “an” to “1983” there shall be substituted the words “a person authorised by a licence under Part I of the Electricity Act 1989 to transmit or supply electricity”.

(3) In section 101 (general restrictions on disclosure of information)—

(a) in subsection (2)(b), after the words “Director General of Water Services” there shall be inserted the words “the Director General of Electricity Supply”; and

(b) in subsection (3), after paragraph (j) there shall be inserted the following paragraph—

“(k) the Electricity Act 1989.”

The Roads (Scotland) Act 1984 (c. 54) E+W+S

30 E+W+S In section 61(4) of the Roads (Scotland) Act 1984 (permission to place and maintain apparatus under a road), for the words from the beginning to “permission” in the second place where it occurs there shall be substituted the words “Works carried out by a person in pursuance of permission under subsection (1) above are not”.

The Building Act 1984 (c. 55) E+W+S

31 E+W+S In section 80(3) of the Building Act 1984 (notice to local authority of intended demolition) for paragraph (c) there shall be substituted the following paragraph—

“(c) the public electricity supplier (as defined in Part I of the Electricity Act 1989) in whose authorised area (as so defined) the building is situated and any other person authorised by a licence under that Part to supply electricity to the building;”.

The Bankruptcy (Scotland) Act 1985 (c. 66) E+W+S

32 E+W+S In section 70(4)(b) of the Bankruptcy (Scotland) Act 1985 (supplies of gas, water, electricity etc. to certain individuals), for the words from “an Electricity Board (within the meaning of the Energy Act 1983)” there shall be substituted the words “a public electricity supplier within the meaning of Part I of the Electricity Act 1989”.

The Airports Act 1986 (c. 31) E+W+S

33 E+W+S In section 74 of the Airports Act 1986 (restrictions on disclosure of information)—

(a) in subsection (2)(a), after the words “Director General of Water Services” there shall be inserted the words “ the Director General of Electricity Supply”; and

(b) in subsection (3), after paragraph (k) there shall be inserted the following paragraph—

“(l) the Electricity Act 1989.”

The Gas Act 1986 (c. 44) E+W+S

34 E+W+S In section 42 of the Gas Act 1986 (general restrictions on disclosure of information)—

(a) in subsection (2)(b), after the words “Director General of Water Services” there shall be inserted the words “the Director General of Electricity Supply”; and

(b) in subsection (3), after paragraph (l) there shall be inserted the following paragraph—

“(m) the Electricity Act 1989.”

The Insolvency Act 1986 (c. 45) E+W+S

35 (1) The Insolvency Act 1986 shall be amended as follows.

(2) In section 233 (supplies of gas, water, electricity etc to certain companies)—

(a) in subsection (3), for paragraph (b) there shall be substituted the following paragraph—

“(b) a public supply of electricity,”; and

(b) in subsection (5), for paragraph (b), there shall be substituted the following paragraph—

“(b) “public supply of electricity” means a supply of electricity by a public electricity supplier within the meaning of Part I of the Electricity Act 1989;”.

(3) In section 372 (supplies of gas, water, electricity etc to certain individuals)—

(a) in subsection (4), for paragraph (b) there shall be substituted the following paragraph—

“(b) a public supply of electricity,”; and

(b) in subsection (5), for paragraph (b), there shall be substituted the following paragraph—

“(b) “public supply of electricity” means a supply of electricity by a public electricity supplier within the meaning of Part I of the Electricity Act 1989;”.

The Consumer Protection Act 1987 (c. 43) E+W+S

36 E+W+S In section 38 of the Consumer Protection Act 1987 (general restrictions on disclosure of information)—

(a) in subsection (3), after paragraph (l) there shall be inserted the following paragraph—

“(m) the Electricity Act 1989.”; and

(b) in subsection (6)(b), after the words “Director General of Gas Supply” there shall be inserted the words “or the Director General of Electricity Supply”.

The Water Act 1989 (c. 15) E+W+S

[F18 37 S In section 160 of the Water Act 1989 (protection of certain undertakings), in subsection (3), for paragraph (f) there shall be substituted the following paragraph—

“(f) the undertaking of any person authorised by a licence under Part I of the Electricity Act 1989 to generate, transmit or supply electricity;”].

Textual Amendments

F18 Sch. 16 para. 37 repealed (E.W.) (01.12.1991) by Water Consolidation (Consequential Provions) Act 1991 (c. 60, SIF 130), ss. 3(1), 4(2), Sch. 3 Pt.I.

Interpretation E+W+S

38 E+W+S In this Schedule expressions which are used in Part I of this Act have the same meanings as in that Part.