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Electricity Act 1989

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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—E+W+S

(i)section 16 of the M1Public Health Act 1925;

(ii)the M2Public Health Act 1936;

F1(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv)Schedule 3 to the M3Water Act 1945;

(v)section 4 of the M4Requisitioned Land and War Works Act 1948;

[F2(vi)the M5Water Act 1948;]

(vii)the National Parks and Access to the M6Countryside Act 1949;

(viii)the M7Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951;

(ix)the M8Landlord and Tenant Act 1954;

(x)the M9Opencast Coal Act 1958;

F3(xi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xii)section 17(10) of the M10Public Health Act 1961;

(xiii)the M11Pipe-lines Act 1962;

(xiv)Schedule 3 to the M12Harbours Act 1964;

(xv)Schedule 6 to the M13Gas Act 1965;

F4(xvi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(xvii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xviii)section 50 of the M14Agriculture Act 1967;

(xix)section 38 of the M15Countryside (Scotland) Act 1967;

(xx)paragraph 6 of Schedule 2 to the M16Countryside Act 1968;

(xxi)section 22 of the M17Sewerage (Scotland) Act 1968;

F6(xxii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(xxiii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(xxiv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xxv)sections 51 . . . F6of the M18Land Compensation Act 1973;

(xxvi)sections 47 F8. . . of the M19Land Compensation (Scotland) Act 1973;

(xxvii)Part III of the M20Control of Pollution Act 1974;

F9(xxviii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xxix)the M21Welsh Development Agency Act 1975;

(xxx)sections 15(3) and 26 of the M22Local Government (Miscellaneous Provisions) Act 1976;

F10(xxxi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xxxii)section 9(3) of the M23Inner Urban Areas Act 1978;

(xxxiii)the M24Ancient Monuments and Archaeological Areas Act 1979;

(xxxiv)[F11Part] XVI of the M25Local Government, Planning and Land Act 1980;

(xxxv)section 53 of the M26Civil Aviation Act 1982;

(xxxvi)section 30 of the M27Local Government (Miscellaneous Provisions) Act 1982;

(xxxvii)section 120 of the M28Civic Government (Scotland) Act 1982;

(xxxviii)section 2(2)(c) of the M29Cycle Tracks Act 1984;

(xxxix)the M30Building Act 1984;

F12(xl). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xli)paragraph 11 of Schedule 8 to the M31Housing (Scotland) Act 1987.

[F13(xlii)section 9 of the Enterprise and New Towns (Scotland) Act 1990.]

(2)References in the M32Landlord 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.

F14(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The references in sections 73(11)(c) and 74(11)(b) of the M33Highways 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 M34Water Act 1981.]

(6)[F15Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code)] (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 M35Building 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 M36Housing (Scotland) Act 1987.

Textual Amendments

F1Sch. 16 para. 1(1)(iii) repealed (31.10.1994) by 1994 c. 21, s. 67, Sch. 11 Pt. II (with s. 40(7)); S.I. 1994/2553, art. 2

F2Sch. 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.

F3Sch. 16 para. 1(1)(xi) repealed (S.) (24.12.2010) by Flood Risk Management (Scotland) Act 2009 (asp 6), s. 97(1), Sch. 3 para. 5 (with s. 91); S.S.I. 2010/401, art. 3(h)

F6Sch. 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

F7Sch. 16 para. 1(1)(xxiii) repealed (27.5.1997) by 1997 c. 11 ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F8Words in Sch. 16 para. 1(1)(xxvi) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F9Sch. 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

F10Sch. 16 para. 1(1)(xxxi) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4

F11Words in Sch. 16 para. 1(1)(xxxiv) substituted (1.10.1998) by 1998 c. 38, s. 135(2)(b) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4

F12Sch. 16 para. 1(1)(xl) repealed (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 16; S.I. 2006/1060, art. 2(1)(e) (with Sch.); S.I. 2006/1535, art. 2(c) (with Sch.)

F14Sch. 16 para. 1(3) repealed (14.11.2005) by Civil Contingencies Act 2004 (c. 36), s. 34(1), Sch. 3; S.I. 2005/2040, art. 3(r)

F15Words in Sch. 16 para. 1(6) substituted (28.12.2017) by Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 3 para. 28; S.I. 2017/1286, reg. 2(d)

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