Electricity Act 1989

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Electricity Act 1989, Paragraph 2 is up to date with all changes known to be in force on or before 23 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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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 4(1)(da) inserted by 2023 c. 52 s. 205(2)(b)
s. 4(3CA) inserted by 2023 c. 52 s. 205(3)
s. 4(3EA) inserted by 2023 c. 52 s. 205(5)
s. 6(1)(ea) inserted by 2023 c. 52 s. 205(8)(b)
s. 6(2AA) inserted by 2023 c. 52 s. 205(9)
s. 6(6E) inserted by 2023 c. 52 s. 205(10)
s. 8A(1C) inserted by 2023 c. 52 s. 206(6)
s. 10NA inserted by 2023 c. 52 s. 207(2)
s. 11E(2)(d) and word inserted by 2013 c. 32 s. 138(5)(b)(iii)
s. 15(2)(aa) inserted by S.I. 2019/93, Sch. 1 para. 3(2)(b) (as substituted) by S.I. 2019/1245 reg. 19 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
s. 43(8) inserted by 2024 c. 13 Sch. 29 para. 9
s. 44A inserted by 1992 c. 43 s. 23
s. 44A(6)(b)(i) words substituted by 2013 c. 22 Sch. 9 para. 52
s. 44B(1)(a)(iiia) inserted by 2023 c. 52 Sch. 17 para. 8
s. 56C(6)(d) and word inserted by 2013 c. 32 s. 138(5)(d)(ii)
s. 56CB(7) inserted by 2024 c. 13 Sch. 30 para. 10(5)

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.E+W+S

(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

F2(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)section 120 of the M5Local Government, Planning and Land Act 1980;

(f)the M6New Towns Act 1981;

(g)the M7Acquisition of Land Act 1981; and

(h)sections 47, 48, 49 and 51 of, and Schedule 9 to, the M8Civil 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 M9Public Health Act 1925;

(b)section 17(1)(b) of the M10Requisitioned Land and War Works Act 1945;

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

(d)the M11Highways Act 1980; and

(e)sections 296 and 611 of the M12Housing Act 1985.

(5)References in the following enactments, namely—

(a)section 6 of the M13Local Government (Miscellaneous Provisions) Act 1953;

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

(c)sections 176 and 185 of the M14Highways Act 1980; and

(d)paragraph 3 of Schedule 5 to the M15Road 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 F3. . ..

(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—

F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the M16Roads (Scotland) Act 1984.

(8)References in the M17Local Government (Omnibus Shelters and Queue Barriers) (Scotland) Act 1958 F4. . . 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

F2Sch. 16 para. 2 (2)(d)(7)(a) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F3Words 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.