Textual Amendments
F1Sch. 1 repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)
Modifications etc. (not altering text)
C1Sch. 4 applied (with modifications) (1.9.2004) by Energy Act 2004 (c. 20), ss. 143(2), 198(2); S.I. 2004/2184, art. 2(2), Sch. 2
6(1)This paragraph applies where—E+W+S
(a)for any purpose connected with the carrying on of the activities which he is authorised by his licence to carry on, it is necessary or expedient for a licence holder to instal and keep installed an electric line on, under or over any land; and
(b)the owner or occupier of the land, having been given a notice requiring him to give the necessary wayleave within a period (not being less than 21 days) specified in the notice—
(i)has failed to give the wayleave before the end of that period; or
(ii)has given the wayleave subject to terms and conditions to which the licence holder objects;
and in this paragraph as it so applies “the necessary wayleave” means consent for the licence holder to instal and keep installed the electric line on, under or over the land and to have access to the land for the purpose of inspecting, maintaining, adjusting, repairing, altering, replacing or removing the electric line.
(2)This paragraph also applies where—
(a)for any purpose connected with the carrying on of the activities which he is authorised by his licence to carry on, it is necessary or expedient for a licence holder to keep an electric line installed on, under or over any land; and
(b)the owner or occupier of the land has given notice to the licence holder under paragraph 8(2) below requiring him to remove the electric line;
and in this paragraph as it so applies “the necessary wayleave” means consent for the licence holder to keep the electric line installed on, under or over the land and to have access to the land for the purpose of inspecting, maintaining, adjusting, repairing, altering, replacing or removing the electric line.
(3)Subject to sub-paragraphs (4) and (5) below, the Secretary of State may, on the application of the licence holder, himself grant the necessary wayleave subject to such terms and conditions as he thinks fit; and a necessary wayleave so granted shall, unless previously terminated in accordance with a term contained in the wayleave, continue in force for such period as may be specified in the wayleave.
(4)The Secretary of State shall not entertain an application under sub-paragraph (3) above in any case where—
(a)the land is covered by a dwelling, or will be so covered on the assumption that any planning permission which is in force is acted on; and
(b)the line is to be installed on or over the land.
(5)Before granting the necessary wayleave, the Secretary of State shall afford—
(a)the occupier of the land; and
(b)where the occupier is not also the owner of the land, the owner,
an opportunity of being heard by a person appointed by the Secretary of State.
(6)A necessary wayleave granted under this paragraph—
(a)shall not be subject to the provisions of any enactment requiring the registration of interests in, charges over or other obligations affecting land; but
(b)shall bind any person who is at any time the owner or occupier of the land.
(7)Where in pursuance of a necessary wayleave granted under this paragraph a licence holder has erected on any land supports for an electric line, he shall be deemed to have an interest in that land for the purposes of section 7 of the M1Mines (Working Facilities and Support) Act 1966.
(8)In this paragraph “dwelling” means a building or part of a building occupied, or (if not occupied) last occupied or intended to be occupied, as a private dwelling or, in relation to Scotland, a private house, and includes any garden, yard, outhouses and appurtenances belonging to or usually enjoyed with that building or part.
Modifications etc. (not altering text)
C2Sch. 4 para. 6: transfer of certain functions (S.) (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)
Marginal Citations