Electricity Act 1989

Changes over time for: Paragraph 2

Version Superseded: 27/05/1997

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Point in time view as at 01/01/1993. This version of this provision has been superseded.

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Electricity Act 1989, Paragraph 2 is up to date with all changes known to be in force on or before 27 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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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 M1Countryside (Scotland) Act 1967 and section 11 of the M2Countryside 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 M3Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

(b)the M4New Towns (Scotland) Act 1968;

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(d)sections 118, 119 and 195(6)(b) of the M5Town and Country Planning (Scotland) Act 1972;

(e)section 120 of the M6Local Government, Planning and Land Act 1980;

(f)the M7New Towns Act 1981;

(g)the M8Acquisition of Land Act 1981; and

(h)sections 47, 48, 49 and 51 of, and Schedule 9 to, the M9Civil 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 M10Public Health Act 1925;

(b)section 17(1)(b) of the M11Requisitioned Land and War Works Act 1945;

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(d)the M12Highways Act 1980; and

(e)sections 296 and 611 of the M13Housing Act 1985.

(5)References in the following enactments, namely—

(a)section 6 of the M14Local Government (Miscellaneous Provisions) Act 1953;

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(c)sections 176 and 185 of the M15Highways Act 1980; and

(d)paragraph 3 of Schedule 5 to the M16Road 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 F2. . ..

(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 M17Town and Country Planning (Scotland) Act 1972; and

(b)the M18Roads (Scotland) Act 1984.

(8)References in the M19Local 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

F1Sch. 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

F2Words 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.