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The Electricity (Northern Ireland) Order 1992
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Changes to legislation:
The Electricity (Northern Ireland) Order 1992, Paragraph 12 is up to date with all changes known to be in force on or before 04 December 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 Schedule 4 Paragraph 12:
- Instrument am. (ot.prosp.) by 1998 c. 41 s.66(5) Sch.10 Pt.III para.7
- Instrument am. (prosp.) by 1998 c. 41 s.66(5) Sch.10 Pt.V para.17
- Instrument rev. in pt. (prosp.) by 1998 c. 41 ss.66(5),74(3), Sch.10, Pt.V, para.17, Sch.14, Pt.II
- art. 46(8) inserted by 2024 c. 13 Sch. 29 para. 6
- art. 65(1A) inserted by S.I. 2006/2955 (N.I.) art. 3(2)
- art. 65(3)-(5) added by S.I. 2006/2955 (N.I.) art. 3(3)
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- art. 46(8) inserted by 2024 c. 13 Sch. 29 para. 6
- art. 65(1A) inserted by S.I. 2006/2955 (N.I.) art. 3(2)
- art. 65(3)-(5) added by S.I. 2006/2955 (N.I.) art. 3(3)
12.—(1) This paragraph applies where at any time such a wayleave as is mentioned in paragraph 10 (whether granted under that paragraph or by agreement between the parties)—N.I.
(a)is determined by the expiration of a period specified in the wayleave;
(b)is terminated by the owner or occupier of the land in accordance with a term contained in the wayleave; or
(c)by reason of a change in the ownership or occupation of the land after the granting of the wayleave, ceases to be binding on the owner or occupier of the land.
(2) The owner or occupier of the land may—
(a)in a case falling within sub-paragraph (1)(a), at any time after or within 3 months before the end of the period specified in the wayleave;
(b)in a case falling within sub-paragraph (1)(b), at any time after the wayleave has been terminated by him; or
(c)in a case falling within sub-paragraph (1)(c), at any time after becoming the owner or occupier of the land by virtue of such a change in the ownership or occupation of the land as is mentioned in that sub-paragraph,
give to the licence holder a notice requiring him to remove the electric line from the land; but the licence holder shall not be obliged to comply with such a notice except in the circumstances and to the extent provided by the following provisions of this paragraph.
(3) Where within the period of 3 months from the date of the notice under sub-paragraph (2) the licence holder makes neither—
(a)an application for the grant of the necessary wayleave under paragraph 10; nor
(b)an application for a vesting order under paragraph 1 of Schedule 3 in respect of the land,
the licence holder shall comply with the notice at the end of that period.
(4) Where—
(a)within the period mentioned in sub-paragraph (3) the licence holder makes an application for the grant of the necessary wayleave under paragraph 10; and
(b)that application is refused by the Department,
the licence holder shall comply with the notice under sub-paragraph (2) at the end of the period of one month from the date of the Department's decision or such longer period as the Department may specify.
(5) Where—
(a)within the period mentioned in sub-paragraph (3) the licence holder makes an application for a vesting order under paragraph 1 of Schedule 3 in respect of the land; and
(b)that order is not made by the Department,
the licence holder shall comply with the notice under sub-paragraph (2) at the end of the period of one month from the date of the Department's decision or such longer period as the Department may specify.
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