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— E+W+S

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

(ii) the M2 Public Health Act 1936;

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

(iv) Schedule 3 to the M3 Water Act 1945;

(v) section 4 of the M4 Requisitioned Land and War Works Act 1948;

[F2 F3 (vi) the M5 Water Act 1948;]

(vii) the National Parks and Access to the M6 Countryside Act 1949;

(viii) the M7 Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951;

(ix) the M8 Landlord and Tenant Act 1954;

(x) the M9 Opencast Coal Act 1958;

(xi) the M10 Flood Prevention (Scotland) Act 1961;

(xii) section 17(10) of the M11 Public Health Act 1961;

(xiii) the M12 Pipe-lines Act 1962;

(xiv) Schedule 3 to the M13 Harbours Act 1964;

(xv) Schedule 6 to the M14 Gas Act 1965;

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

(xvii) section 40 of the M15 Forestry Act 1967;

(xviii) section 50 of the M16 Agriculture Act 1967;

(xix) section 38 of the M17 Countryside (Scotland) Act 1967;

(xx) paragraph 6 of Schedule 2 to the M18 Countryside Act 1968;

(xxi) section 22 of the M19 Sewerage (Scotland) Act 1968;

(xxii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

F6 (xxiii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xxiv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(xxv) sections 51 . . . F5 of the M20 Land Compensation Act 1973;

(xxvi) sections 47 F7 . . . of the M21 Land Compensation (Scotland) Act 1973;

(xxvii) Part III of the M22 Control of Pollution Act 1974;

(xxviii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

(xxix) the M23 Welsh Development Agency Act 1975;

(xxx) sections 15(3) and 26 of the M24 Local Government (Miscellaneous Provisions) Act 1976;

F9 (xxxi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xxxii) section 9(3) of the M25 Inner Urban Areas Act 1978;

(xxxiii) the M26 Ancient Monuments and Archaeological Areas Act 1979;

(xxxiv) [F10 Part] XVI of the M27 Local Government, Planning and Land Act 1980;

(xxxv) section 53 of the M28 Civil Aviation Act 1982;

(xxxvi) section 30 of the M29 Local Government (Miscellaneous Provisions) Act 1982;

(xxxvii) section 120 of the M30 Civic Government (Scotland) Act 1982;

(xxxviii) section 2(2)(c) of the M31 Cycle Tracks Act 1984;

(xxxix) the M32 Building Act 1984;

(xl) section 283(2) of the M33 Housing Act 1985;

(xli) paragraph 11 of Schedule 8 to the M34 Housing (Scotland) Act 1987.

[F2 (xlii) section 9 of the Enterprise and New Towns (Scotland) Act 1990.]

(2) References in the M35 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 M36 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 M37 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.

[F3 (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 M38 Water Act 1981.]

(6) Paragraph 23 of Schedule 2 to the M39 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 M40 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 M41 Housing (Scotland) Act 1987.

Textual Amendments

F1 Sch. 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

F2 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)

F3 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.

F4 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

F5 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

F6 Sch. 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)

F7 Words 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)

F8 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

F9 Sch. 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

F10 Words 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

Marginal Citations

M1 1925 c. 71.

M2 1936 c. 49.

M3 1945 c. 42.

M4 1948 c. 17.

M5 1948 c. 22.

M6 1949 c. 97.

M7 1951 c. 65.

M8 1954 c. 56.

M9 1958 c. 69.

M10 1961 c. 41.

M11 1961 c. 64.

M12 1962 c. 58.

M13 1964 c. 40.

M14 1965 c. 36.

M15 1967 c. 10.

M16 1967 c. 22.

M17 1967 c. 86.

M18 1968 c. 41.

M19 1968 c. 47.

M20 1973 c. 26.

M21 1973 c. 56.

M22 1974 c. 40.

M23 1975 c. 70.

M24 1976 c. 57.

M25 1978 c. 50.

M26 1979 c. 46.

M27 1980 c. 65.

M28 1982 c. 16.

M29 1982 c. 30.

M30 1982 c. 45.

M31 1984 c. 38.

M32 1984 c. 55.

M33 1985 c. 68.

M34 1987 c. 27.

M35 1927 c. 36.

M36 1939 c. 31.

M37 1980 c. 66.

M38 1981 c. 12.

M39 1984 c. 12.

M40 1984 c. 55.

M41 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 M42 Countryside (Scotland) Act 1967 and section 11 of the M43 Countryside 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 M44 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

(b) the M45 New Towns (Scotland) Act 1968;

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

F12 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) section 120 of the M46 Local Government, Planning and Land Act 1980;

(f) the M47 New Towns Act 1981;

(g) the M48 Acquisition of Land Act 1981; and

(h) sections 47, 48, 49 and 51 of, and Schedule 9 to, the M49 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 M50 Public Health Act 1925;

(b) section 17(1)(b) of the M51 Requisitioned Land and War Works Act 1945;

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

(d) the M52 Highways Act 1980; and

(e) sections 296 and 611 of the M53 Housing Act 1985.

(5) References in the following enactments, namely—

(a) section 6 of the M54 Local Government (Miscellaneous Provisions) Act 1953;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

(c) sections 176 and 185 of the M55 Highways Act 1980; and

(d) paragraph 3 of Schedule 5 to the M56 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 F13 . . ..

(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—

F12 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the M57 Roads (Scotland) Act 1984.

(8) References in the M58 Local Government (Omnibus Shelters and Queue Barriers) (Scotland) Act 1958 F14 . . . 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

F11 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

F12 Sch. 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)

F13 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.

F14 Words in Sch. 16 para. 2(8) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

Marginal Citations

M42 1967 c. 86.

M43 1968 c. 41.

M44 1947 c. 42.

M45 1968 c. 16.

M46 1980 c. 65.

M47 1981 c. 64.

M48 1981 c. 67.

M49 1982 c. 16.

M50 1925 c. 71.

M51 1945 c. 43.

M52 1980 c. 66.

M53 1985 c. 68.

M54 1953 c. 26.

M55 1980 c. 66.

M56 1984 c. 27.

M57 1984 c. 54.

M58 1958 c. 50.

3 (1) In the following enactments, namely— E+W+S

[F15 (a) the M59 Water Act 1948;]

(b) section 39 of the M60 Opencast Coal Act 1958 except in its application to Scotland;

(c) paragraph 2 of Schedule 6 to the M61 Gas Act 1965;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

(e) the M62 Welsh Development Agency Act 1975;

F17 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) the M63 New Towns Act 1981,

“the appropriate Minister”, in relation to a a licence holder, shall mean the [F18 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 M64 Pipe-lines Act 1962;

(c) Schedule 3 to the M65 Harbours Act 1964;

(d) the M66 New Towns (Scotland) Act 1968;

F19 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

(g) section 121 of the M67 Highways Act 1980;

(h) the M68 Acquisition of Land Act 1981,

[F21 (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

F15 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.

F16 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

F17 Sch. 16 para. 3(1)(f) 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

F18 Words in Sch. 16 para. 3(1) substituted (5.7.1992) by S.I. 1992/1314, art. 3(3), Sch. para. 1(e).

F19 Sch. 16 para. 3(2)(e) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F20 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

F21 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

M59 1948 c. 42.

M60 1958 c. 69.

M61 1965 c. 36.

M62 1975 c. 70.

M63 1981 c. 64.

M64 1962 c. 58.

M65 1964 c. 40.

M66 1968 c. 16.

M67 1980 c. 66.

M68 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

F22 7 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F22 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

[F23 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

F23 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

[F24 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

F24 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

[F25 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

F25 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

F26 27 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F26 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

[F27 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

F27 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.