Electricity Act 1989

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 M1 Countryside (Scotland) Act 1967 and section 11 of the M2 Countryside 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 M3 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

(b) the M4 New Towns (Scotland) Act 1968;

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

(d) sections 118, 119 and 195(6)(b) of the M5 Town and Country Planning (Scotland) Act 1972;

(e) section 120 of the M6 Local Government, Planning and Land Act 1980;

(f) the M7 New Towns Act 1981;

(g) the M8 Acquisition of Land Act 1981; and

(h) sections 47, 48, 49 and 51 of, and Schedule 9 to, the M9 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 M10 Public Health Act 1925;

(b) section 17(1)(b) of the M11 Requisitioned Land and War Works Act 1945;

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

(d) the M12 Highways Act 1980; and

(e) sections 296 and 611 of the M13 Housing Act 1985.

(5) References in the following enactments, namely—

(a) section 6 of the M14 Local Government (Miscellaneous Provisions) Act 1953;

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

(c) sections 176 and 185 of the M15 Highways Act 1980; and

(d) paragraph 3 of Schedule 5 to the M16 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 and an undertaker for the purposes of section 160 of that Act.

(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 M17 Town and Country Planning (Scotland) Act 1972; and

(b) the M18 Roads (Scotland) Act 1984.

(8) References in the M19 Local 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

F1 Sch. 16 para. 1(1)(xxii)(xxiv)(xxv), para. 2(2)(c)(4)(c)(5)(b), para. 3(1)(d) repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I

Marginal Citations

M1 1967 c. 86.

M2 1968 c. 41.

M3 1947 c. 42.

M4 1968 c. 16.

M5 1972 c. 52.

M6 1980 c. 65.

M7 1981 c. 64.

M8 1981 c. 67.

M9 1982 c. 16.

M10 1925 c. 71.

M11 1945 c. 43.

M12 1980 c. 66.

M13 1985 c. 68.

M14 1953 c. 26.

M15 1980 c. 66.

M16 1984 c. 27.

M17 1972 c. 52.

M18 1984 c. 54.

M19 1958 c. 50.