Electricity Act 1989

SCHEDULES

Section 1(5).

SCHEDULE 1 U.K. The Director General of Electricity Supply

Remuneration, pensions etc. E+W+S

1 (1) There shall be paid to the Director such remuneration, and such travelling and other allowances, as the Secretary of State may determine.

(2) In the case of any such holder of the office of the Director as may be determined by the Secretary of State, there shall be paid such pension, allowance or gratuity to or in respect of him, or such contributions or payments towards provision for such a pension, allowance or gratuity, as may be so determined.

(3) If, when any person ceases to hold office as the Director, the Secretary of State determines that there are special circumstances which make it right that he should receive compensation, there may be paid to him a sum by way of compensation of such amount as may be determined by the Secretary of State.

(4) The approval of the Treasury shall be required for the making of a determination under this paragraph.

Modifications etc. (not altering text)

C1 Sch. 1 para. 1: functions of the Treasury transferred to the Minister for the Civil Service (1.4.1995) by S.I. 1995/269, art. 3, Sch. para. 17

Staff E+W+S

2 The Director may, with the approval of the Treasury as to numbers and terms and conditions of service, appoint such staff as he may determine.

Expenses of the Director and his staff E+W+S

3 There shall be paid out of money provided by Parliament—

(a) the remuneration of, and any travelling or other allowances payable under this Act to, the Director and any staff of the Director;

(b) any sums payable under this Act to or in respect of the Director; and

(c) any expenses duly incurred by the Director or by any of his staff in consequence of the provisions of this Act.

Official seal E+W+S

4 The Director shall have an official seal for the authentication of documents required for the purposes of his functions.

Performance of functions E+W+S

5 (1) Anything authorised or required by or under this Act or any other enactment to be done by the Director, other than the making of a statutory instrument, may be done by any member of the staff of the Director who is authorised generally or specially in that behalf by the Director.

(2) The M1 Statutory Instruments Act 1946 shall apply to any power to make statutory instruments conferred on the Director by this Act as if the Director were a Minister of the Crown.

Marginal Citations

M1 1946 c. 36.

Documentary evidence E+W+S

6 The M2 Documentary Evidence Act 1868 shall have effect as if the Director were included in the first column of the Schedule to that Act, as if the Director and any person authorised to act on behalf of the Director were mentioned in the second column of that Schedule, and as if the regulations referred to in that Act included any document issued by the Director or by any such person.

Marginal Citations

M2 1868 c. 37.

The Parliamentary Commissioner E+W+S

7 In the M3 Parliamentary Commissioner Act 1967, in Schedule 2 (departments and authorities subject to investigation), there shall be inserted (at the appropriate place) the following entry—

“Office of the Director General of Electricity Supply.”

Marginal Citations

M3 1967 c. 13.

Parliamentary disqualification etc. U.K.

8 In the M4 House of Commons Disqualification Act 1975, in Part III of Schedule 1 (other disqualifying offices), there shall be inserted (at the appropriate place) the following entry—

“Director General of Electricity Supply”;

and the like insertion shall be made in Part III of Schedule 1 to the M5 Northern Ireland Assembly Disqualification Act 1975.

Marginal Citations

M4 1975 c. 24.

M5 1975 c. 25.

Section 2(6).

SCHEDULE 2 U.K. Consumers’ Committees

Preliminary E+W+S

1 In this Schedule any reference to the committee is a reference to each of the consumers’ committees.

Remuneration, pensions etc. of chairman E+W+S

2 (1) There shall be paid to the chairman of the committee such remuneration, and such travelling and other allowances, as the Director may determine.

(2) There shall be paid such pension, allowance or gratuity to or in respect of a person who has held or holds office as chairman of the committee, or such contributions or payments towards provision for such a pension, allowance or gratuity to or in respect of such a person, as the Director may determine.

(3) If, when any person ceases to hold office as such a chairman, the Director determines that there are special circumstances which make it right that that person should receive compensation, there may be paid to him a sum by way of compensation of such amount as the Director may determine.

(4) The approval of the Treasury shall be required for the making of a determination under this paragraph.

Allowances for other members E+W+S

3 There shall be paid to members of the committee other than the chairman such travelling and other allowances as the Director with the approval of the Treasury may determine.

Administration etc. E+W+S

4 The Director may make arrangements for the committee to be provided with office accommodation and with such services as he considers appropriate to enable them to carry out their functions.

Proceedings E+W+S

5 The validity of any proceedings of the committee shall not be affected by any vacancy amongst the members or by any defect in the appointment of a member.

6 (1) Subject to sub-paragraphs (2) and (3) below, meetings of the committee shall be open to the public.

(2) The public shall be excluded during any item of business where—

(a) it is likely, were members of the public to be present during that item, that information furnished in confidence to the committee by the Director would be disclosed in breach of the obligation of confidence; or

(b) the committee have resolved that, by reason of the confidential nature of the item or for other special reasons stated in the resolution, it is desirable in the public interest that the public be excluded; or

(c) the item relates to a proposal to refer any matter to the Director in pursuance of section 45(3) or 46(1)(a) or (4) of this Act.

(3) Except to the extent that the Director otherwise directs (whether generally or in relation to the particular case), the public shall be excluded during any item of business which relates to—

(a) the determination of any dispute referred to the committee under section 39(5) of this Act; or

(b) the investigation by the committee of any matter in pursuance of section 45(2) or 46(1)(b) of this Act.

(4) The committee shall give such notice—

(a) of any meeting of the committee which is open to the public; and

(b) of the business to be taken at that meeting (other than items during which the public is to be excluded),

as they consider appropriate for the purpose of bringing the meeting to the attention of interested members of the public.

Sub-committees E+W+S

7 (1) The committee may, with the approval of the Director—

(a) establish local and other sub-committees through which the committee may carry out such of their functions as they may determine;

(b) appoint such persons (including persons who are not members of the committee) to be members of any such sub-committee as they may determine; and

(c) regulate the procedure of any such sub-committee.

(2) Persons appointed under sub-paragraph (1) who are not members of the committee may be reimbursed for their travelling expenses and such of their out-of-pocket expenses as do not relate to loss of remuneration.

Financial provisions E+W+S

8 (1) There shall be paid by the Director out of money provided by Parliament—

(a) any sums payable to or in respect of any person under paragraph 2, 3 or 7 above; and

(b) any expenses incurred by the committee in accordance with any statement approved under sub-paragraph (3) below.

(2) The committee shall prepare and send to the Director before the beginning of each financial year a statement of the expenses which they expect to incur in respect of that year for the purposes of, or in connection with, the carrying out of their functions.

(3) The Director shall consider any statement sent to him under sub-paragraph (2) above and shall either approve the statement or approve it with such modifications as he considers appropriate.

Amendment of other Acts U.K.

9 In section 14(1) of the M6 Chronically Sick and Disabled Persons Act 1970, for the words “Electricity Consultative Councils, the Electricity Consumers’ Council” there shall be substituted the words “consumers’ committees appointed under section 2 of the Electricity Act 1989”.

Marginal Citations

M6 1970 c. 44.

10 In Part III of Schedule 1 to the M7 House of Commons Disqualification Act 1975, there shall be inserted at the appropriate place—

“Chairman of a consumers’ committee appointed under section 2 of the Electricity Act 1989”;

and the like insertion shall be made in Part III of Schedule 1 to the M8 Northern Ireland Assembly Disqualification Act 1975.

Marginal Citations

M7 1975 c. 24.

M8 1975 c. 25.

Section 10(1).

SCHEDULE 3 E+W+S Compulsory Acquisition of Land etc. by Licence Holders

Part I E+W+S Powers of Acquisition

Modifications etc. (not altering text)

C2 Sch. 3 Pt. 1: transfer of functions to the Scottish Minster (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1

1 (1) Subject to paragraph 2 below, the Secretary of State may authorise a licence holder to purchase compulsorily any land required for any purpose connected with the carrying on of the activities which he is authorised by his licence to carry on. E+W+S

(2) In this paragraph and paragraph 2 below “land” includes any right over land (other than, in Scotland, a right to abstract, divert and use water); and the power of the Secretary of State under this paragraph includes power to authorise the acquisition of rights over land by creating new rights as well as acquiring existing ones.

2 (1) No order shall be made under paragraph 1 above authorising the compulsory purchase of land belonging to another licence holder except with the consent of the Director.

(2) The Director shall not give his consent under this paragraph if—

(a) the land is being used by the licence holder to whom it belongs for the purposes of an installation necessary for the carrying on of the activities which he is authorised by his licence to carry on; or

(b) it appears to the Director that the land will be so used and that the use will commence, or any necessary planning permission or consent under section 36 or 37 of this Act will be applied for, within the period of five years beginning with the date of the application for his consent.

(3) The Secretary of State may by order provide that sub-paragraph (2) above shall have effect as if for the period mentioned in paragraph (b) there were substituted such other period as may be specified in the order.

(4) A consent under this paragraph which is not acted on within the period of six months beginning with the day on which it is granted shall cease to have effect at the end of that period.

(5) In this paragraph—

• “the Planning Act” means [F1 the Town and Country Planning Act 1990]or the M9 Town and Country Planning (Scotland) Act 1972;

• “planning permission” means a planning permission granted under Part III of the Planning Act.

Textual Amendments

F1 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 83(1)

Marginal Citations

M9 1972 c. 52.

3 (1) This paragraph applies to land which— E+W+S

(a) for the purposes of the M10 Acquisition of Land Act 1981, is or forms part of a common, open space or a fuel or field garden allotment; or

(b) for the purposes of the M11 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947, is or forms part of a common or open space.

(2) Where for any purpose a licence holder has acquired, or proposes to acquire, any land to which this paragraph applies, or any right over any such land, and other land is required for the purpose of being given in exchange for the land or right in question, the Secretary of State may authorise the licence holder to purchase that other land compulsorily, or he may acquire it by agreement.

Marginal Citations

M10 1981 c. 67.

M11 1947 c. 42.

4 E+W+S Where a licence holder has acquired any land by virtue of paragraph 1 above, he shall not dispose of that land or of any interest in or right over it except with the consent of the Director.

Part II E+W+S Procedure, Compensation etc. (England and Wales)

Application of Acquisition of Land Act 1981 generally E+W+S

5 (1) Subject to sub-paragraph (2) below, the M12 Acquisition of Land Act 1981 shall apply to a compulsory purchase by a licence holder of land or rights in England and Wales; and Schedule 3 to that Act shall apply in the case of a compulsory acquisition by a licence holder of a right by the creation of a new right. E+W+S

(2) Section 16 of, and paragraph 3 of Schedule 3 to, the said Act of 1981 (statutory undertakers’ land excluded from compulsory purchase) shall not apply where the land or rights in question belong to another licence holder.

Marginal Citations

M12 1981 c. 67.

New rights: general adaptation of Compulsory Purchase Act 1965 E+W+S

6 E+W+S The M13 Compulsory Purchase Act 1965 shall have effect with the modifications necessary to make it apply to a licence holder’s compulsory acquisition of a right in England and Wales by the creation of a new right as it applies to the compulsory acquisition of land, so that, in appropriate contexts, references in that Act to land are to be read as referring, or as including references, to the right acquired or to be acquired, or to land over which the right is or is to be exercisable, according to the requirements of the particular context.

Marginal Citations

M13 1965 c. 56.

New rights: specific adaptations of Act of 1965 E+W+S

7 E+W+S Without prejudice to the generality of paragraph 6 above, Part I of the Compulsory Purchase Act 1965 shall apply in relation to a licence holder’s compulsory acquisition of a right in England and Wales by the creation of a new right with the modifications specified in paragraphs 8 to 13 below.

8 E+W+S For section 7 of that Act (measure of compensation) there shall be substituted the following section—

“7 In assessing the compensation to be paid by the acquiring authority under this Act regard shall be had not only to the extent (if any) to which the value of the land over which the right is to be acquired is depreciated by the acquisition of the right but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of his, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.”

9 E+W+S For subsection (1) of section 8 of that Act (protection for vendor against severance of house, garden, etc.) there shall be substituted the following subsections—

“(1) No person shall be required to grant any right over part only—

(a) of any house, building or manufactory; or

(b) of a park or garden belonging to a house,

if he is willing to sell the whole of the house, building, manufactory, park or garden, unless the Lands Tribunal determine that—

(i) in the case of a house, building or manufactory, the part over which the right is proposed to be acquired can be made subject to that right without material detriment to the house, building or manufactory; or

(ii) in the case of a park or garden, the part over which the right is proposed to be acquired can be made subject to that right without seriously affecting the amenity or convenience of the house;

and if the Lands Tribunal so determine, the Tribunal shall award compensation in respect of any loss due to the acquisition of the right, in addition to its value; and thereupon the party interested shall be required to grant to the acquiring authority that right over the part of the house, building, manufactory, park or garden.

(1A) In considering the extent of any material detriment to a house, building or manufactory, or any extent to which the amenity or convenience of a house is affected, the Lands Tribunal shall have regard not only to the right which is to be acquired over the land, but also to any adjoining or adjacent land belonging to the same owner and subject to compulsory purchase.”

10 E+W+S The following provisions of that Act (being provisions stating the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land)—

• section 9(4) (refusal by owners to convey);

• Schedule 1, paragraph 10(3) (owners under incapacity);

• Schedule 2, paragraph 2(3) (absent and untraced owners); and

• Schedule 4, paragraphs 2(3) and 7(2) (common land),

shall be so modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired is vested absolutely in the acquiring authority.

11 E+W+S Section 11 of that Act (powers of entry) shall be so modified as to secure that, as from the date on which the acquiring authority have served notice to treat in respect of any right, they have power, exercisable in the like circumstances and subject to the like conditions, to enter for the purpose of exercising that right (which shall be deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on sheriff’s warrant in the event of obstruction) shall be modified correspondingly.

12 E+W+S Section 20 of that Act (protection for interests of tenants at will etc.) shall apply with the modifications necessary to secure that persons with such interests as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right in question.

13 E+W+S Section 22 of that Act (protection of acquiring authority’s possession where by inadvertence an estate, right or interest has not been got in) shall be so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue entitled to exercise the right acquired, subject to compliance with that section as respects compensation.

New rights: compensation E+W+S

14 E+W+S The enactments in force in England and Wales with respect to compensation for the compulsory purchase of land shall apply with the necessary modifications as respects compensation in the case of a licence holder’s compulsory acquisition of a right by the creation of a new right as they apply to compensation on the compulsory purchase of land and interests in land.

Part III E+W+S Procedure, Compensation etc. (Scotland)

Application of Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 generally E+W+S

15 (1) Subject to sub-paragraph (2) below, the M14 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply to the compulsory purchase by a licence holder of land or rights in Scotland as if the licence holder were a local authority within the meaning of that Act, and as if this Act had been in force immediately before the commencement of that Act. E+W+S

(2) Paragraph 10 of the First Schedule to that Act (statutory undertakers’ land excluded from compulsory purchase) shall not apply where the land or rights in question belong to another licence holder.

Modifications etc. (not altering text)

C3 Sch. 3 Pt. III para. 15: transfer of certain functions (S.) (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)

Marginal Citations

M14 1947 c. 42.

New rights: general application of Act of 1947 and incorporated enactments E+W+S

16 E+W+S The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947, and the enactments incorporated with this Act by virtue of paragraph 15 above and paragraph 1 of the Second Schedule to that Act shall have effect with the modifications necessary to make them apply to a licence holder’s compulsory acquisition of a right in Scotland by the creation of a new right (other than a right to abstract, divert and use water) as they apply to the compulsory acquisition of land, so that, in appropriate contexts, references in those enactments and that Act to land are to be read as referring, or as including references, to the right acquired or to be acquired, or to land over which the right is or is to be exercisable, according to the requirements of the particular context.

Modifications etc. (not altering text)

C4 Sch. 3 Pt. III para. 16: transfer of certain functions (S.) (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)

New rights: specific adaptations of Act of 1947 E+W+S

17 E+W+S Without prejudice to the generality of paragraph 16 above, Part III of the First Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (requirement of special parliamentary procedure, and other special provisions, in the case of acquisition of certain descriptions of land) shall apply in relation to a licence holder’s compulsory acquisition of a right in Scotland by the creation of a new right with the modifications specified in paragraphs 18 to 23 below.

Modifications etc. (not altering text)

C5 Sch. 3 Pt. III para. 17: transfer of certain functions (S.) (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)

18 E+W+S In paragraph 9 of that Schedule (compulsory purchase affecting land of the National Trust for Scotland) for references to the compulsory purchase of land there shall be substituted references to the compulsory acquisition of rights over land.

19 E+W+S In paragraph 10 of that Schedule (land of statutory undertakers)—

(a) for the words “land comprised in the order” there shall be substituted the words “land over which a right is to be acquired by virtue of the order”;

(b) for the words “purchase of” there shall be substituted the words “acquisition of a right over”;

(c) for the words “it can be purchased and not replaced” there shall be substituted the words “the right can be acquired”; and

(d) for sub-paragraph (ii) there shall be substituted the following sub-paragraph—

“(ii) that any detriment to the carrying on of the undertaking, in consequence of the acquisition of the right, can be made good by the undertakers by the use of other land belonging to, or available for acquisition by, them”.

20 E+W+S In paragraph 11 of that Schedule (common or open space), for sub-paragraph (1) there shall be substituted the following sub-paragraph—

“(1) In so far as a compulsory purchase order authorises the acquisition of a right over land forming part of a common or open space, it shall be subject to special parliamentary procedure unless the Secretary of State is satisfied—

(a) that the land, when burdened with that right, will be no less advantageous to those persons in whom it is vested and other persons, if any, entitled to rights of common or other rights, and to the public, than it was before;

(b) that there has been or will be given in exchange for the right additional land which will as respects the persons in whom there is vested the land over which the right is to be acquired, the persons, if any, entitled to rights of common or other rights over that land, and the public, be adequate to compensate them for the disadvantages which result from the acquisition of the right, and that the additional land has been or will be vested in the persons in whom there is vested the land over which the right is to be acquired, and subject to the like rights, trusts and incidents as attach to that land apart from the compulsory purchase order; or

(c) that the land affected by the right to be acquired does not exceed 250 square yards in extent, and that the giving of other land in exchange for the right is unnecessary, whether in the interests of the persons, if any, entitled to rights of common or other rights or in the interests of the public,

and certifies accordingly.”

Modifications etc. (not altering text)

C6 Sch. 3 Pt. III para. 20: transfer of certain functions (S.) (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)

21 In paragraph 12 of that Schedule, for the words “the purchase of” there shall be substituted the words “the acquisition of a right over”.

22 E+W+S Paragraph 3(1) of the Second Schedule to the M15 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall be so modified as to secure that, as from the date on which the licence holder has served notice to treat in respect of any right, it has power, exercisable in the like circumstances and subject to the like conditions, to enter for the purpose of exercising that right (which shall be deemed for this purpose to have been created on the date of service of the notice).

Marginal Citations

M15 1947 c. 42.

23 E+W+S For paragraph 4 of that Schedule (protection for owner against severance of property) there shall be substituted the following paragraphs—

“4 No person shall be required to grant any right over part only—

(a) of any house, building or manufactory; or

(b) of a park or garden belonging to a house,

if he is willing to sell the whole of the house, building, manufactory, park or garden, unless the Lands Tribunal for Scotland determines that—

(i) in the case of a house, building or manufactory, the part over which the right is proposed to be acquired can be made subject to that right without material detriment to the house, building or manufactory; or

(ii) in the case of a park or garden, the part over which the right is proposed to be acquired can be made subject to that right without seriously affecting the amenity or convenience of the house;

and if it so determines, it shall award compensation in respect of any loss due to the acquisition of the right, in addition to its value; and thereupon the party interested shall be required to grant to the acquiring authority that right over the part of the house, building, manufactory, park or garden.

4A In considering, for the purposes of paragraph 4 above, the extent of any material detriment to a house, building or manufactory, or any extent to which the amenity or convenience of a house is affected, the Lands Tribunal for Scotland shall have regard not only to the right which is to be acquired over the land, but also to any adjoining or adjacent land belonging to the same owner and subject to compulsory purchase.”

New rights: specific adaptations of Lands Clauses Consolidation (Scotland) Act 1845 E+W+S

24 E+W+S Without prejudice to the generality of paragraph 16 above, the M16 Lands Clauses Consolidation (Scotland) Act 1845 shall apply in relation to a licence holder’s compulsory acquisition of a right in Scotland by the creation of a new right with the modifications specified in paragraphs 25 to 28 below.

Marginal Citations

M16 1845 c. 19.

25 E+W+S For section 61 of that Act (estimation of compensation) there shall be substituted the following section—

“61 In estimating the purchase money or compensation to be paid by the licence holder under the special Act, in any of the cases aforesaid, regard shall be had not only to the extent (if any) to which the value of the land over which the right is to be acquired is depreciated by the acquisition of the right, but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of his, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.”

26 E+W+S The following provisions of that Act (being provisions stating the effect of a notarial instrument or of a disposition executed in various circumstances where there is no conveyance by persons with interests in the land)—

• section 74 (failure by owner to convey);

• section 76 (refusal to convey or show title or owner cannot be found);

• section 98 (vesting of common land),

shall be so modified as to secure that, as against persons with interests in the land over which the right is to be compulsorily acquired, such right is vested absolutely in the licence holder.

27 E+W+S Sections 114 (compensation to be made to tenants for a year etc.) and 115 (compensation where greater interest than tenant for a year) of that Act shall apply with the modifications necessary to secure that persons with such interests as are mentioned in those sections are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right in question.

28 E+W+S Sections 117 (protection of promoter of undertaking where by inadvertence an interest in land has not been purchased etc.) and 118 (provisions supplementary to section 117) of that Act shall be so modified as to enable the licence holder, in circumstances corresponding to those referred to in those sections, to continue entitled to exercise the right acquired, subject to compliance with those sections as respects compensation.

New rights: compensation E+W+S

29 E+W+S The enactments in force in Scotland with respect to compensation for the compulsory purchase of land shall apply as respects compensation in the case of a licence holder’s compulsory acquisition of a right by the creation of a new right (other than a right to abstract, divert and use water) as they apply to compensation on the compulsory purchase of land and interests in land.

Section 10(1).

SCHEDULE 4 E+W+S Other Powers etc. of Licence Holders

Street works etc. in England and Wales E+W

1 (1) Subject to the following provisions of this paragraph, for any purpose connected with the carrying on of the activities which he is authorised by his licence to carry on, a licence holder may execute— E+W

(a) the following kinds of works, that is to say, installing under, over, in, on, along or across any street and from time to time inspecting, maintaining, adjusting, repairing, altering, replacing or removing—

(i) any electric lines or electrical plant; and

(ii) any structures for housing or covering any such lines or plant; and

(b) any works requisite for or incidental to the purposes of any works falling within paragraph (a) above, including for those purposes—

(i) opening or breaking up any street or any sewers, drains or tunnels within or under any street;

(ii) tunnelling or boring under any street; and

(iii) removing or using all earth and materials in or under any street;

but nothing in this sub-paragraph shall empower a licence holder to lay down or place any electric line or electrical plant into, through or against any building, or in any land not dedicated to the public use.

(2) The power of a licence holder under sub-paragraph (1) to place on or over a street any structure for housing any line or plant shall be [F2 exercisable only with the consent of the street authority; but such consent shall not be unreasonably withheld].

(3) Any question under sub-paragraph (2) above as to whether or not a consent is unreasonably withheld shall be determined by a single arbitrator to be appointed by the parties or, in default of agreement, by the Director.

(4) Except in cases of emergency arising from faults in any electric lines or electrical plant, [F3 a street which is not a maintainable highway] shall not be opened or broken up by virtue of sub-paragraph (1) above except with the consent of [F4 the street authority] or the consent of the Secretary of State.

(5) The Secretary of State shall not entertain an application for his consent under sub-paragraph (4) above unless the licence holder has served notice of the application on the person whose consent would otherwise be required.

(6) A licence holder shall do as little damage as possible in the exercise of the powers conferred by sub-paragraph (1) above and shall make compensation for any damage done in the exercise of those powers.

(7) A licence holder shall exercise the powers conferred by sub-paragraph (1) above in such manner as will secure that nothing which he instals or keeps installed under, over, in, on, along or across any street becomes a source of danger to the public.

[F5 (8) Nothing in sub-paragraph (1) above shall affect the application to any operation of sections 34 to 36 of the Coast Protection Act 1949.]

[F6 (9) In this paragraph “maintainable highway”, “street” and “street authority” have the same meaning as in Part III of the New Roads and Street Works Act 1991.]

(10) This paragraph extends to England and Wales only.

Textual Amendments

F2 Words in Sch. 4 para. 1(2) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 Pt. IV para. 123(2); S.I. 1992/2984, art. 2(2), Sch. 2.

F3 Words in Sch. 4 para. 1(4) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 Pt. IV para. 123(3)(a); S.I. 1992/2984, art. 2(2), Sch.2.

F4 Words in Sch. 4 para. 1(4) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 Pt. IV para. 123(3)(b); S.I. 1992/2984, art. 2(2), Sch. 2.

F5 Sch. 4 para. 1(8) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 Pt. IV para. 123(4); S.I. 1992/2984, art. 2(2), Sch.2.

F6 Sch. 4 para. 1(9) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 Pt. IV para. 123(5); S.I. 1992/2984, art. 2(2), Sch.2.

Road works etc. in Scotland S

2 (1) Subject to the following provisions of this paragraph, for any purpose connected with the carrying on of the activities which he is authorised by his licence to carry on, a licence holder may execute— S

(a) the following kinds of works, that is to say, installing under, over, in, on, along or across any road or bridge and from time to time inspecting, maintaining, adjusting, repairing, altering or removing—

(i) any electric lines or electrical plant; and

(ii) any structures for housing or covering any such lines or plant; and

(b) any works requisite for or incidental to the purposes of any works falling within paragraph (a) above, including for those purposes—

(i) opening or breaking up any road or bridge or any sewers, drains or tunnels within or under any road or bridge;

(ii) tunnelling or boring under any road; and

(iii) removing or using all earth and materials in or under any road;

but nothing in this sub-paragraph shall empower a licence holder to lay down or place any electric line or electrical plant into, through or against any building, or in any land over which there is no public right of passage.

(2) The power of a licence holder under sub-paragraph (1) above to place on or over a road or bridge any structure for housing any line or plant shall be [F7 exercisable only with the consent of the road works authority; but such consent shall not be unreasonably withheld] .

(3) Any question under sub-paragraph (2) above as to whether or not a consent is unreasonably withheld shall be determined by a single arbiter to be appointed by the parties or, in default of agreement, by the Director.

(4) Except in cases of emergency arising from faults in any electric lines or electrical plant, [F8 a road which is not a public road] shall not be opened or broken up by virtue of sub-paragraph (1) above except with the consent of [F9 the road works authority] or the consent of the Secretary of State.

(5) The Secretary of State shall not entertain an application for his consent under sub-paragraph (4) above unless the licence holder has served notice of the application in the prescribed form on the person whose consent would otherwise be required.

(6) A licence holder shall do as little damage as possible in the exercise of the powers conferred by sub-paragraph (1) above and shall make compensation for any damage done in the exercise of those powers.

(7) A licence holder shall exercise the powers conferred by sub-paragraph (1) above in such manner as will secure that nothing which he instals or keeps installed under, over, in, on, along or across any road or bridge becomes a source of danger to the public.

[F10 (8) Nothing in sub-paragraph (1) above shall affect the application to any operation of sections 34 to 36 of the Coast Protection Act 1949.]

[F11 (9) In this paragraph “public road”, “road” and “road works authority” have the same meaning as in Part IV of the New Roads and Street Works Act 1991.]

(10) This paragraph extends to Scotland only.

Textual Amendments

F7 Words in Sch. 4 para. 2(2) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 Pt. IV para. 124(2); S.I. 1992/2990, art. 2(2), Sch.2.

F8 Words in Sch. 4 para. 2(4) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1),Sch. 8 Pt. IV para. 124(3)(a); S.I. 1992/2990, art. 2(2), SCh. 2.

F9 Words in Sch. 4 para. 2(4) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1),Sch. 8 Pt. IV para. 124(3)(b); S.I. 1992/2990, art. 2(2), Sch.2.

F10 Sch. 4 para 2(8) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 Pt. IV para. 124(4); S.I.1992/2990, art. 2(2), Sch.2.

F11 Sch. 4 para 2(9) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 Pt. IV para. 124(5); S.I. 1992/2990, art. 2(2), Sch.2.

Alteration of works E+W+S

3 (1) A licence holder may execute works in pursuance of paragraph 1 or 2 above, notwithstanding that they involve a temporary or permanent alteration of any of the following, namely—

(a) any electric line or electrical plant under the control of another licence holder;

(b) any gas pipe under the control of a public gas supplier;

(c) any relevant pipe (within the meaning of [F12 section 159 of the Water Resources Act 1991 or section 158 of the Water Industry Act 1991 which (whether or not it is in a street) is]) under the control of the National Rivers Authority, a water undertaker or a sewerage undertaker or, in Scotland, any water pipe under the control of a person supplying water in the exercise of statutory powers;

(d) any telecommunication apparatus used for the purposes of a telecommunication system which is operated by a person to whom the telecommunications code applies; or

(e) any system apparatus (within the meaning of Part II of the M17 Road Traffic (Driver Licensing and Information Systems) Act 1989) of an operator of a driver information system who is licensed under Part II of that Act.

(2) Where a licence holder is proposing to execute works in pursuance of paragraph 1 or 2 above which involve or are likely to involve any such alteration as is mentioned in sub-paragraph (1)(a), (b) or (c) above, the following provisions of this paragraph shall apply; and in those provisions “the relevant undertaker” means the other licence holder, the public gas supplier or the person supplying water in the exercise of statutory powers, as the case may be.

(3) The licence holder shall, not less than one month before the works are commenced, give the relevant undertaker a notice specifying the nature of the licence holder’s works, the alteration or likely alteration involved and the time and place at which the works will be commenced.

(4) Sub-paragraph (3) above shall not apply in relation to any emergency works of which the licence holder gives the relevant undertaker notice as soon as practicable after commencing the works.

(5) Where a notice has been given under sub-paragraph (3) above by the licence holder to the relevant undertaker, the undertaker may within the period of seven days beginning with the giving of the notice give the licence holder a counter-notice which may state either—

(a) that the undertaker intends himself to make any alteration made necessary or expedient by the licence holder’s proposed works; or

(b) that he requires the licence holder in making any such alteration to do so under the supervision and to the satisfaction of the undertaker.

(6) Where a counter-notice given under sub-paragraph (5) above states that the relevant undertaker intends himself to make any alteration—

(a) the undertaker shall (subject to sub-paragraph (8) below) have the right, instead of the licence holder, to execute any works for the purpose of making that alteration; and

(b) any expenses incurred by the undertaker in or in connection with the execution of those works and the amount of any loss or damage sustained by the undertaker in consequence of the alteration shall be recoverable by the undertaker from the licence holder in any court of competent jurisdiction.

(7) Where a counter-notice given under sub-paragraph (5) above states that any alteration is to be made under the supervision and to the satisfaction of the relevant undertaker—

(a) the licence holder shall not make the alteration except as required by the notice or under sub-paragraph (8) below; and

(b) any expenses incurred by the undertaker in or in connection with the provision of that supervision and the amount of any loss or damage sustained by the undertaker in consequence of the alteration shall be recoverable by the undertaker from the licence holder in any court of competent jurisdiction.

(8) Where—

(a) no counter-notice is given under sub-paragraph (5) above; or

(b) the relevant undertaker, having given a counter-notice falling within that sub-paragraph, fails to make any alteration made necessary or expedient by the licence holder’s proposed works within such period (being not less than 48 hours) as the licence holder may by notice specify or, as the case may be, unreasonably fails to provide the required supervision,

the licence holder may himself execute works for the purpose of making the alteration or, as the case may be, may execute such works without the supervision of the undertaker; but in either case the licence holder shall execute the works to the satisfaction of the undertaker.

(9) If the licence holder or any of his agents—

(a) executes any works without the notice required by sub-paragraph (3) above having been given; or

(b) unreasonably fails to comply with any reasonable requirement of the relevant undertaker under this paragraph,

he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Textual Amendments

F12 Words in Sch. 4 para. 3(1)(c) substituted (E.W.) (01.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2(1), 4(2), Sch. 1 para. 51(2).

Marginal Citations

M17 1989 c. 22.

3 (1) A licence holder may execute works in pursuance of paragraph 1 or 2 above, notwithstanding that they involve a temporary or permanent alteration of any of the following, namely—

(a) any electric line or electrical plant under the control of another licence holder;

(b) any gas pipe under the control of a public gas supplier;

(c) any relevant pipe (within the meaning of Schedule 19 to the M168 Water Act 1989) under the control of the National Rivers Authority, a water undertaker or a sewerage undertaker or, in Scotland, any water pipe under the control of a person supplying water in the exercise of statutory powers;

(d) any telecommunication apparatus used for the purposes of a telecommunication system which is operated by a person to whom the telecommunications code applies; or

(e) any system apparatus (within the meaning of Part II of the M169 Road Traffic (Driver Licensing and Information Systems) Act 1989) of an operator of a driver information system who is licensed under Part II of that Act.

(2) Where a licence holder is proposing to execute works in pursuance of paragraph 1 or 2 above which involve or are likely to involve any such alteration as is mentioned in sub-paragraph (1)(a), (b) or (c) above, the following provisions of this paragraph shall apply; and in those provisions “the relevant undertaker” means the other licence holder, the public gas supplier or the person supplying water in the exercise of statutory powers, as the case may be.

(3) The licence holder shall, not less than one month before the works are commenced, give the relevant undertaker a notice specifying the nature of the licence holder’s works, the alteration or likely alteration involved and the time and place at which the works will be commenced.

(4) Sub-paragraph (3) above shall not apply in relation to any emergency works of which the licence holder gives the relevant undertaker notice as soon as practicable after commencing the works.

(5) Where a notice has been given under sub-paragraph (3) above by the licence holder to the relevant undertaker, the undertaker may within the period of seven days beginning with the giving of the notice give the licence holder a counter-notice which may state either—

(a) that the undertaker intends himself to make any alteration made necessary or expedient by the licence holder’s proposed works; or

(b) that he requires the licence holder in making any such alteration to do so under the supervision and to the satisfaction of the undertaker.

(6) Where a counter-notice given under sub-paragraph (5) above states that the relevant undertaker intends himself to make any alteration—

(a) the undertaker shall (subject to sub-paragraph (8) below) have the right, instead of the licence holder, to execute any works for the purpose of making that alteration; and

(b) any expenses incurred by the undertaker in or in connection with the execution of those works and the amount of any loss or damage sustained by the undertaker in consequence of the alteration shall be recoverable by the undertaker from the licence holder in any court of competent jurisdiction.

(7) Where a counter-notice given under sub-paragraph (5) above states that any alteration is to be made under the supervision and to the satisfaction of the relevant undertaker—

(a) the licence holder shall not make the alteration except as required by the notice or under sub-paragraph (8) below; and

(b) any expenses incurred by the undertaker in or in connection with the provision of that supervision and the amount of any loss or damage sustained by the undertaker in consequence of the alteration shall be recoverable by the undertaker from the licence holder in any court of competent jurisdiction.

(8) Where—

(a) no counter-notice is given under sub-paragraph (5) above; or

(b) the relevant undertaker, having given a counter-notice falling within that sub-paragraph, fails to make any alteration made necessary or expedient by the licence holder’s proposed works within such period (being not less than 48 hours) as the licence holder may by notice specify or, as the case may be, unreasonably fails to provide the required supervision,

the licence holder may himself execute works for the purpose of making the alteration or, as the case may be, may execute such works without the supervision of the undertaker; but in either case the licence holder shall execute the works to the satisfaction of the undertaker.

(9) If the licence holder or any of his agents—

(a) executes any works without the notice required by sub-paragraph (3) above having been given; or

(b) unreasonably fails to comply with any reasonable requirement of the relevant undertaker under this paragraph,

he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and wales only.

Marginal Citations

M168 1989 c. 15.

M169 1989 c. 22.

4 (1) Any of the following who is authorised by or under any enactment to execute works corresponding to those authorised by paragraph 1 or 2 above, namely—

(a) any public gas supplier;

(b) the National Rivers Authority, any water undertaker or any sewerage undertaker or, in Scotland, any person supplying water in the exercise of statutory powers;

(c) any public telecommunications operator; and

(d) any operator of a driver information system who is licensed under Part II of the M18 Road Traffic (Driver Licensing and Information Systems) Act 1989,

(in this paragraph referred to as a “relevant undertaker”) may execute such works, notwithstanding that they involve a temporary or permanent alteration of any electric line or electrical plant under the control of a licence holder.

(2) Where a relevant undertaker is proposing to execute any such works as are mentioned in sub-paragraph (1) above which involve or are likely to involve any such alteration as is there mentioned, sub-paragraphs (3) to (9) of paragraph 3 above shall apply as if—

(a) any reference to the licence holder were a reference to the relevant undertaker; and

(b) any reference to the relevant undertaker were a reference to the licence holder.

Marginal Citations

M18 1989 c. 22.

Protection from interference E+W+S

5 (1) Subject to sub-paragraph (2) below, a licence holder who instals or alters, or changes the mode of operation of, any electric line or electrical plant shall take all reasonable precautions for securing that the operation of that line or plant does not interfere with the operation of any telecommunication apparatus which— E+W+S

(a) is under the control of a person to whom the telecommunications code applies; and

(b) is not unusually sensitive to interference with its operation.

(2) In the case of any telecommunication apparatus which is subsequently installed or altered or whose mode of operation is subsequently changed, the duty imposed by sub-paragraph (1) above shall not apply in relation to—

(a) any momentary interference with its operation; or

(b) where it is installed in unreasonably close proximity to the electric line or electrical plant, any other interference with its operation.

(3) Sub-paragraphs (1) and (2) above shall be read as also applying in the converse case of a person to whom the telecommunications code applies who instals or alters, or changes the mode of operation of, any telecommunication apparatus, and in such a case shall have effect as if—

(a) any reference to the licence holder were a reference to that person;

(b) any reference to an electric line or electrical plant were a reference to such apparatus; and

(c) any reference to such apparatus under the control of a person to whom that code applies were a reference to such a line or such plant under the control of a licence holder.

(4) Any difference arising under this paragraph between a licence holder and a person to whom the telecommunications code applies shall be referred to arbitration by an arbitrator or, in Scotland, arbiter appointed, in default of agreement between the parties, by the President of the Chartered Institute of Arbitrators.

(5) In this paragraph “momentary interference” means any interference of momentary duration which is not a regular occurrence (whether caused by physical contact or otherwise).

Acquisition of wayleaves E+W+S

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 M19 Mines (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)

C7 Sch. 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

M19 1966 c. 4.

Provisions supplementary to paragraph 6 E+W+S

7 (1) Where a wayleave is granted to a licence holder under paragraph 6 above— E+W+S

(a) the occupier of the land; and

(b) where the occupier is not also the owner of the land, the owner,

may recover from the licence holder compensation in respect of the grant.

(2) Where in the exercise of any right conferred by such a wayleave any damage is caused to land or to moveables, any person interested in the land or moveables may recover from the licence holder compensation in respect of that damage; and where in consequence of the exercise of such a right a person is disturbed in his enjoyment of any land or moveables he may recover from the licence holder compensation in respect of that disturbance.

(3) Compensation under this paragraph may be recovered as a lump sum or by periodical payments or partly in one way and partly in the other.

(4) Any question of disputed compensation under this paragraph shall be determined by the Tribunal; and sections 2 and 4 of the M20 Land Compensation Act 1961 or sections 9 and 11 of the M21 Land Compensation (Scotland) Act 1963 shall apply to any such determination.

Marginal Citations

M20 1961 c. 33.

M21 1963 c. 51.

Temporary continuation of wayleaves E+W+S

8 (1) This paragraph applies where at any time such a wayleave as is mentioned in paragraph 6 above (whether granted under that paragraph or by agreement between the parties)— E+W+S

(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 paragraph (a) of sub-paragraph (1) above, at any time after or within three months before the end of the period specified in the wayleave;

(b) in a case falling within paragraph (b) of that sub-paragraph, at any time after the wayleave has been terminated by him; or

(c) in a case falling within paragraph (c) of that sub-paragraph, 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 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 three months beginning with the date of the notice under sub-paragraph (2) above the licence holder makes neither—

(a) an application for the grant of the necessary wayleave under paragraph 6 above; nor

(b) an order authorising the compulsory purchase of the land made by virtue of paragraph 1 of Schedule 3 to this Act,

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) above the licence holder makes an application for the grant of the necessary wayleave under paragraph 6 above; and

(b) that application is refused by the Secretary of State,

the licence holder shall comply with the notice under sub-paragraph (2) above at the end of the period of one month beginning with the date of the Secretary of State’s decision or such longer period as the Secretary of State may specify.

(5) Where—

(a) within the period mentioned in sub-paragraph (3) above the licence holder makes an order by virtue of paragraph 1 of Schedule 3 to this Act authorising the compulsory purchase of the land; and

(b) that order is not confirmed by the Secretary of State,

the licence holder shall comply with the notice under sub-paragraph (2) above at the end of the period of one month beginning with the date of the Secretary of State’s decision or such longer period as the Secretary of State may specify.

Modifications etc. (not altering text)

C8 Sch. 4 para. 8: transfer of certain functions (S.) (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)

Felling and lopping of trees etc. E+W+S

9 (1) This paragraph applies where any 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 a licence holder as— E+W+S

(a) to obstruct or interfere with the installation, maintenance or working of the line or plant; or

(b) to constitute an unacceptable source of danger (whether to children or to other persons);

and in this paragraph “the land” means the land on which the tree is growing.

(2) The licence holder may give notice to the occupier of the land requiring him to fell or lop the tree or cut back its roots so as to prevent it from having the effect mentioned in sub-paragraph (1)(a) or (b) above, subject to the payment to him by the licence holder of the expenses reasonably incurred by him in complying with the notice.

(3) Where the occupier is not also the owner of the land, a copy of any notice under sub-paragraph (2) above shall also be served on the owner.

(4) If within 21 days from the giving of a notice under sub-paragraph (2) above—

(a) the requirements of the notice are not complied with; and

(b) neither the owner nor occupier of the land gives a counter notice under sub-paragraph (5) below,

the licence holder may cause the tree to be felled or lopped or its roots to be cut back so as to prevent it from having the effect mentioned in sub-paragraph (1)(a) or (b) above.

(5) If, within 21 days from the giving of a notice under sub-paragraph (2) above, the owner or occupier of the land gives a counter notice to the licence holder objecting to the requirements of the notice, the matter shall, unless the counter notice is withdrawn, be referred to the Secretary of State.

(6) On a reference under sub-paragraph (5) above, the Secretary of State, after giving the parties an opportunity of being heard by a person appointed by him, may make such order as he thinks just, and any such order—

(a) may empower the licence holder (after giving such notice to any person by whom a counter notice was given of the commencement of the work as the order may direct) to cause the tree to be felled or lopped or its roots to be cut back so as to prevent it from having the effect mentioned in sub-paragraph (1)(a) or (b) above; and

(b) may determine any question as to what expenses (if any) are to be paid.

(7) Where the licence holder exercises any powers conferred under sub-paragraph (4) or (6) above, he shall—

(a) cause trees to be felled or lopped or their roots to be cut back in accordance with good arboricultural practice and so as to do as little damage as possible to trees, fences, hedges and growing crops;

(b) cause felled trees, lopped boughs or root cuttings to be removed in accordance with the directions of the owner or occupier; and

(c) make good any damage done to the land.

(8) In this paragraph “tree” includes any shrub and references to felling or lopping, felled trees or lopped boughs shall be construed accordingly.

Modifications etc. (not altering text)

C9 Sch. 4 para. 9: transfer of certain functions (S.) (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)

Entry on land for purposes of exploration E+W+S

10 (1) Subject to the following provisions of this paragraph and without prejudice to any other right of entry, a person authorised in writing by a licence holder may, at any reasonable time, enter upon and survey any land for the purpose of ascertaining whether the land would be suitable for use for any purpose connected with the carrying on of the activities which the licence holder is authorised by his licence to carry on. E+W+S

(2) A person authorised to enter upon any land under this section shall not demand to do so as of right unless—

(a) 14 days notice of the intended entry has been given to the occupier; and

(b) if required to do so, he has produced evidence of his authority.

(3) The powers conferred by this paragraph shall not be exercisable in relation to land which is covered by a building or will be so covered on the assumption that any planning permission which is in force is acted on.

(4) The power to survey land conferred by this paragraph includes power to search and bore for the purpose of ascertaining the nature of the subsoil; but works may not be carried out on the land for this purpose unless—

(a) notice of the proposed works is included in the notice given under sub-paragraph (2) above; and

(b) where land is held by statutory undertakers who object to the works on the ground that the carrying out of the works would be seriously detrimental to the carrying on of their undertaking, the Secretary of State gives his consent.

(5) Where any person exercises any powers conferred by this paragraph, the licence holder by whom he was authorised shall make good any damage done to the land.

(6) In this paragraph “building” includes any garden, yard, outhouses and appurtenances belonging to or usually enjoyed with a building.

Modifications etc. (not altering text)

C10 Sch. 4 para. 10(4)(b): transfer of certain functions (S.) (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)

Provisions supplementary to paragraphs 9 and 10 E+W+S

11 (1) Any person who intentionally obstructs a person acting in the exercise of any power conferred by or under paragraph 9 or 10 above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. E+W+S

(2) Where in the exercise of any power conferred by or under paragraph 9 or 10 above any damage is caused to land or to moveables, any person interested in the land or moveables may recover compensation in respect of that damage from the licence holder on whose behalf the power is exercised; and where in consequence of the exercise of such a power a person is disturbed in his enjoyment of any land or moveables he may recover from that licence holder compensation in respect of that disturbance.

(3) Any question of disputed compensation under sub-paragraph (2) above shall be referred to and determined by the Tribunal; and sections 2 and 4 of the M22 Land Compensation Act 1961 or sections 9 and 11 of the M23 Land Compensation (Scotland) Act 1963 shall apply to any such determination.

Marginal Citations

M22 1961 c. 33.

M23 1963 c. 51.

Interpretation E+W+S

12 In this Schedule—

• “moveables” means chattels in relation to England and Wales and corporeal moveables in relation to Scotland;

• F13 . . .

• “the Planning Act” means [F14 the Town and Country Planning Act 1990]or the M24 Town and Country Planning (Scotland) Act 1972;

• “planning permission” means a planning permission granted under Part III of the Planning Act;

• “public gas supplier” has the same meaning as in Part I of the M25 Gas Act 1986;

• “public telecommunications operator” has the same meanings as in the M26 Telecommunications Act 1984;

• F15 . . .

• “statutory undertakers” has the same meaning as in the Planning Act;

• “telecommunication apparatus” and “telecommunication system” have the same meanings as in the Telecommunications Act 1984 and “the telecommunications code” means the code contained in Schedule 2 to that Act;

• “the Tribunal” means the Lands Tribunal in relation to England and Wales and the Lands Tribunal for Scotland in relation to Scotland.

Textual Amendments

F13 Sch. 4 para. 12: definition of "navigation authority" repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168, Sch. 8 Pt. IV para. 125, 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 substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 83(1)

F15 Sch. 4 para. 12: definition of "railway authority" repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168, Sch. 8 Pt. IV para. 125, Sch.9; (E.W.) S.I. 1992/2984, art. 2(2), Sch.2 and (S.) S.I. 1992/2990, art. 2(2), Sch. 2.

Marginal Citations

M24 1972 c. 52.

M25 1986 c. 44.

M26 1984 c. 12.

Section 10(5).

SCHEDULE 5 E+W+S Water Rights for Hydro-Electric Generating Stations in Scotland

Modifications etc. (not altering text)

C11 Sch. 5: transfer of functions (S.) (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)

1 E+W+S In Scotland, a person who holds a licence under section 6(1)(a) of this Act may be authorised by the Secretary of State to abstract and divert from any watercourse or loch and to use such water as may be necessary for the purposes of constructing or extending a generation station wholly or mainly driven by water and of operating that generating station after such construction or extension ; but he shall do as little damage as possible in the exercise ofthe powers conferred by the authorisation and shall make compensation for any damage done in the exercise of those powers.

2 E+W+S Authorisation under paragraph 1 above shall be by order and shall provide for the compulsory acquisition by the person of such rights, as regards the abstraction, diversion and use, as may be specified in the order ; and the order may contain such incidental , consequential and supplementary provisions as the Secretary of State thinks necessary or expedient.

3 E+W+S Where the abstraction, diversion, and use will, in the opinion of the Secretary of State—

(a) substantially reduce the flow of water in any watercourse, he shall in the order prescribe the extent to which and the circumstances in which water may be taken ;

(b) substantially reduce the level of water in any loch, he shall in the order either—

(i) prescribe the extent to which and the circumstances in which water may be taken ; or

(ii) prescribe the quantity of compensation water to be provided by the person ;

(c) impound any watercourse, he shall in the order prescribe the quantity of compensation order to be provided by the person.

4 E+W+S In this Schedule “compensation water” means a flow of water, on such conditions and by such means as the Secretary of State may specify in the order, for the benefit of riparian owners and other owners of land or salmon fishings affected by the compulsory acquisition.

5 E+W+S In deciding whether to make the order or in prescribing the quantity of any compensation water to be provided under the order, the Secretary of State shall have regard to all the circumstances of the particular case, including—

(a) the interest of public health ;

(b) the character of the watercourse or loch, and the flow, or as the case may be the level, of water in it ;

(c) the extent to which the watercourse or loch is, or may in future be, used for industrial purposes or for the purposes of any public undertaking or for fisheries, water supply, agriculture, transport and navigation ; and

(d) the effect on land drainage or on any canal or inland navigation of any alteration in the flow of water in the watercourse or level of water in the loch,

and shall secure, so far as practicable, the protection of the rights of riparian owners and of other owners of land or salmon fishings.

6 E+W+S Any question of disputed compensation under paragraph 1 above shall be referred to and determined by the Lands Tribunal for Scotland ; and sections 9 and 11 of the M27 Land Compensation (Scotland) Act 1963 shall apply to any such determination.

Marginal Citations

M27 1963 c. 51.

7 E+W+S An applicant for authorisation under paragraph 1 above shall submit to the Secretary of State a draft of the order which he desires the Secretary of State to make and shall publish once at least in each of two successive weeks in one or more local newpapers circulating in the area affected by the proposed order a notice—

(a) stating the general effect of the proposed order ;

(b) specifying a place, in or near the said area, where a copy of the draft order and of any relevant map or plan may be inspected by any person free of charge at all reasonable hours during a period of 28 days from the date of the first publication of the notice ; and

(c) stating that within the said period any person may by notice to the Secretary of State object to the application.

8 Not later than the date on which the said notice is first published, the applicant shall serve a copy thereof—

(a) along with a copy of the draft order, on—

(i) the water authority ;

(ii) the regional and district councils or the islands council ; and

(iii) the water development board,

for every area affected by the proposed order ;

(b) on the district salmon fishery board of any salmon fishery district from whic water is taken, or into which water is to be discharged, under the rights acquired, on any navigation authority exercising functions in relation to any watercourse or loch from or into which water is to be so taken or discharged, on any public undertakers known by the applicant to be authorised by any enactment to take or use water from any such watercourse or loch and on the river purification authority within whose area the watercourse or loch affected is situated.

9 The applicant shall also publish in the Edinburgh Gazette a notice stating that he is about to apply for authorisation under paragraph 1 above, naming the water authority and the water development board affected by the proposed order, specifying a place where a copy of the draft order and of any relevant map or plan may be inspected, and giving the name and date of issue of a local newspaper in which the notice explaining the effect of the order applied for will be found.

10 E+W+S The applicant shall, at the request of any person interested, furnish to him a copy of the draft order upon payment of a reasonable charge.

11 E+W+S The Secretary of State may make an order in the terms of the draft submitted to him or in those terms as modified in such manner as he thinks fit ; but, where he proposes to make any modification and considers that persons other than the applicant to give and publish additional notices in such manner as the Secretary of State thinks best adapted for informing all persons so affected of the modification proposed.

12 E+W+S If before the expiration of the 28 days referred to in paragraph 7 above or of 25 days from the publication of the said notice in the Edinburgh Gazette, or before expiration of any period specified in notices give under the last foregoing paragraph, an objection is received by the Secretary of State from any authority or board or undertakers on whom a notice is required to be served under paragraph 8 above, or from any other person appearing to him to be affected by the application, or, as the case may be, by the proposed modification, and the objection is not withdrawn, the Secretary of State, before making any order on the application, shall cause a local inquiry to be held.

13 E+W+S The expenses incurred by the Secretary of State in connection with the making, notification and confirmation of any order giving authorisation under paragraph 1 above shall be paid by the applicant ; and the Secretary of State may, in a case where there are two or more applicants, apportion such expenses between them.

14 In paragraphs 7 and 8 above the expression “area affected by the proposed order” means the limits of supply of any water authority, or the area of any water development board, so affected.

15 E+W+S In paragraphs 1 to 8 above “watercourse” includes all rivers, streams and passages through which water flows.

Section 24.

SCHEDULE 6 E+W+S The Public Electricity Supply Code

Valid from 20/12/2000

[F16 [F17 F18 Provisions as to powers of entry E+W+S

Textual Amendments

F16 Sch. 6 substituted (20.12.2000 for specified purposes and otherwise 1.10.2001) by 2000 c. 27, s. 51(2), Sch. 4; S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15) (as amended by S.I. 2001/1780, art. 2); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-12)

F17 Sch. 6 substituted (20.12.2000 for specified purposes and otherwise 1.10.2001) by 2000 c. 27, s. 51(2), Sch. 4; S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15) (as amended by S.I. 2001/1780, art. 2); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-12)

F18 Sch. 6 substituted (20.12.2000 for specified purposes and otherwise 1.10.2001) by 2000 c. 27, s. 51(2), Sch. 4; S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15) (as amended by S.I. 2001/1780, art. 2); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-12)

F19 10 (1) The M28 Rights of Entry (Gas and Electricity Boards) Act 1954 (entry under a justice’s warrant) shall apply in relation to the powers of entry conferred by this Schedule. E+W+S

(2) Any reference in this Schedule to an officer or other person authorised by an electricity supplier or an electricity distributor includes a reference to a person who, in accordance with a written authority given by the supplier or distributor to an agent of the supplier or distributor, is authorised by the agent on behalf of the supplier or distributor.

(3) Where in pursuance of any power of entry conferred by this Schedule, entry is made on any premises by a person authorised to do so—

(a) that person shall ensure that the premises are left no less secure by reason of the entry; and

(b) the supplier or distributor shall make good, or pay compensation for, any damage caused by that person (or by any other person accompanying him under sub-paragraph (5)) in entering the premises, in taking any action on the premises or in making them secure.

(4) A person may only exercise a power of entry conferred by this Schedule on production of some duly authenticated document showing his authority.

(5) Any person exercising a power of entry conferred by this Schedule may be accompanied by such other persons as may be necessary or expedient for the purpose for which the entry is made or for the purposes of sub-paragraph (3)(a) or (b) above.

(6) A person who intentionally obstructs a person exercising powers of entry conferred by this Schedule shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Textual Amendments

F19 Sch. 6 substituted (20.12.2000 for specified purposes and otherwise 1.10.2001) by 2000 c. 27, s. 51(2), Sch. 4; S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15) (as amended by S.I. 2001/1780, art. 2); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-12)

Marginal Citations

M28 1954 c. 1.

Valid from 20/12/2000

F20 Electrical plant etc. not to be subject to distress E+W+S

Textual Amendments

F20 Sch. 6 substituted (20.12.2000 for specified purposes and otherwise 1.10.2001) by 2000 c. 27, s. 51(2), Sch. 4; S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15) (as amended by S.I. 2001/1780, art. 2); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-12)

F21 11 (1) This paragraph applies to any electric line, electrical plant or electricity meter belonging to or provided by an electricity distributor or electricity supplier which is marked or impressed with a sufficient mark or brand indicating an electricity supplier or electricity distributor as the owner or provider thereof. E+W+S

(2) Anything to which this paragraph applies—

(a) shall be deemed not to be landlord’s fixtures, notwithstanding that they may be fixed or fastened to any part of any premises; and

(b) shall not in England and Wales be subject to distress or be liable to be taken in execution under process of any court or any proceedings in bankruptcy against the person in whose possession they may be.]]

Textual Amendments

F21 Sch. 6 substituted (20.12.2000 for specified purposes and otherwise 1.10.2001) by 2000 c. 27, s. 51(2), Sch. 4; S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15) (as amended by S.I. 2001/1780, art. 2); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-12)

Recovery of electricity charges etc. E+W+S

1 (1) Subject to sub-paragraph (2) below, a public electricity supplier may recover from a tariff customer any charges due to him in respect of the supply of electricity, or in respect of the provision of any electricity meter, electric line or electrical plant.

(2) A public electricity supplier who, for the purpose of meeting the needs of a disabled person—

(a) alters the position of any electricity meter which has been provided by him; or

(b) replaces such a meter with one which has been specially adapted,

shall not make any charge for the alteration or replacement; and section 23 of this Act shall apply in relation to any dispute arising under this sub-paragraph as if it were a dispute arising under sections 16 to 22 of this Act.

(3) If a tariff customer quits any premises at which electricity has been supplied to him by a public electricity supplier without giving notice thereof to the supplier so that it is received by the supplier at least two working days before he quits the premises, he shall be liable to pay the supplier all charges in respect of the supply of electricity to the premises accruing due up to whichever of the following first occurs, namely—

(a) the second working day after he gives such notice to the supplier;

(b) the next day on which the register of any meter falls to be ascertained; and

(c) the day from which any subsequent occupier of the premises requires the supplier to supply electricity to the premises.

(4) Sub-paragraph (3) above, or a statement of the effect thereof, shall be endorsed upon every demand note for electricity charges payable to a public electricity supplier by a tariff customer.

(5) If a tariff customer quits any premises at which electricity has been supplied to him by a public electricity supplier without paying all charges due from him in respect of the supply, or the provision of any electricity meter, electric line or electrical plant for the purposes of the supply, the supplier—

(a) may refuse to furnish him with a supply of electricity at any other premises until he pays the amount due; but

(b) shall not be entitled to require payment of that amount from the next occupier of the premises.

(6) If a tariff customer has not, within the requisite period, paid all charges due from him to a public electricity supplier in respect of the supply of electricity to any premises, or the provision of any electricity meter, electric line or electrical plant for the purposes of that supply, the supplier, after the expiration of not less than two working days’ notice of his intention, may—

(a) cut off the supply to the premises, or to any other premises occupied by the customer, by such means as he thinks fit; and

(b) recover any expenses incurred in so doing from the customer.

(7) In sub-paragraph (6) above “the requisite period” means—

(a) in the case of premises which are used wholly or mainly for domestic purposes, the period of 20 working days after the making by the supplier of a demand in writing for payment of the charges due; and

(b) in the case of any other premises, the period of 15 working days after the making of such a demand.

(8) The powers conferred by sub-paragraph (6) above shall also be exercisable at any time which, in relation to a tariff customer, is after—

(a) the effective date for the purposes of section 233 of the M29 Insolvency Act 1986 (supplies of gas, water, electricity etc. to insolvent companies); or

(b) the relevant day for the purposes of section 372 of that Act or section 70 of the M30 Bankruptcy (Scotland) Act 1985 (supplies of gas, water, electricity etc. to insolvent individuals).

(9) The powers conferred by sub-paragraph (6) above shall not be exercisable as respects any amount which is genuinely in dispute; but there shall be disregarded for this purpose any dispute arising under section 39 of this Act or regulations made under it.

(10) In this paragraph a reference to the provision of any electric line or item of electrical plant is a reference to the provision of such a line or item by the installation of a new one or by the modification of an existing one.

Marginal Citations

M29 1986 c. 45.

M30 1985 c. 66.

Restoration of supply by supplier E+W+S

2 (1) Where a public electricity supplier has cut off the supply of electricity to any premises in consequence of any default on the part of a tariff customer, the supplier shall be under an obligation to resume the supply of electricity before the end of the period of two working days beginning with the time when the requirements of sub-paragraph (2) below are satisfied.

(2) The requirements of this sub-paragraph are that the customer in default—

(a) has made good the default;

(b) has paid the reasonable expenses of disconnecting and re-connecting the supply; and

(c) has given such security as is mentioned in section 20(1) of this Act.

(3) The obligation imposed by sub-paragraph (1) above shall be a duty owed to any person who may be affected by a failure to comply with the obligation.

(4) Where a duty is owed by virtue of sub-paragraph (3) above to any person any breach of the duty which causes that person to sustain loss or damage shall be actionable at the suit or instance of that person.

(5) In any proceedings brought against a public electricity supplier in pursuance of sub-paragraph (4) above, it shall be a defence for the supplier to prove that he took all reasonable steps and exercised all due diligence to avoid failing to comply with the obligation imposed by sub-paragraph (1) above.

(6) Without prejudice to any right which any person may have by virtue of sub-paragraph (4) above to bring civil proceedings in respect of any failure to comply with the obligation imposed by sub-paragraph (1) above, compliance with that obligation shall be enforceable by civil proceedings by the Director for an injunction or for interdict or for any other appropriate relief.

Restoration of supply without consent E+W+S

3 (1) Where a supply of electricity to any premises has been cut off by a public electricity supplier otherwise than in the exercise of a power conferred by regulations under section 29 of this Act, no person shall, without the consent of the supplier, restore the supply.

(2) If any person acts in contravention of sub-paragraph (1) above, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale and the supplier may again cut off the supply.

Damage to electrical plant etc. E+W+S

4 (1) If any person intentionally or by culpable negligence damages or allows to be damaged—

(a) any electrical plant or electric line belonging to a public electricity supplier; or

(b) any electricity meter so belonging,

he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) Where an offence has been committed under sub-paragraph (1)(a) above, the supplier may discontinue the supply of electricity to the person so offending until the matter has been remedied.

(3) Where an offence has been committed under sub-paragraph (1)(b) above, the supplier—

(a) may discontinue the supply of electricity to the person so offending until the matter has been remedied; and

(b) remove the meter as respects which the offence was committed.

(4) Where a public electricity supplier removes a meter under sub-paragraph (3) above, he shall keep it safely until the Director authorises him to destroy or otherwise dispose of it.

Entry during continuance of supply E+W+S

5 (1) Any officer authorised by a public electricity supplier may at all reasonable times, on the production of some duly authenticated document showing his authority, enter any premises to which a supply of electricity is being given by the public electricity supplier, or by a private electricity supplier (wholly or partly) through the public electricity supplier’s electric lines and electrical plant, for any of the following purposes, namely—

(a) inspecting any electric line or electrical plant belonging to the supplier;

(b) ascertaining the register of any electricity meter and, in the case of a prepayment meter, removing any money or tokens belonging to the supplier;

(c) removing, inspecting or re-installing any electricity meter or installing any substitute meter.

(2) Except where a supply of electricity is being given to the premises by a private electricity supplier (wholly or partly) through the public electricity supplier’s electric lines and electrical plant, sub-paragraph (1)(a) and (b) above does not apply if—

(a) the consumer has applied in writing to the supplier for the supplier to cease to supply electricity to the premises; and

(b) the supplier has failed to do so within a reasonable time.

(3) Sub-paragraph (1)(c) above does not apply in relation to the removal of a meter unless two working days’ notice is given to the occupier, or the owner of the premises if they are unoccupied.

Entry on discontinuance of supply E+W+S

6 (1) Where a public electricity supplier is authorised by sub-paragraph (3) of paragraph 4 above or sub-paragraph (3) of paragraph 11 of Schedule 7 to this Act—

(a) to discontinue the supply of electricity to any premises; and

(b) to remove the electricity meter as respects which the offence under that paragraph was committed,

any officer authorised by the supplier may at all reasonable times, on production of some duly authenticated document showing his authority, enter the premises for the purpose of disconnecting the supply and removing the meter.

(2) Where—

(a) a public electricity supplier is authorised by any other provision of this Act or of regulations made under it (including any such provision as applied by such an agreement as is mentioned in section 22(1) of this Act) to cut off or discontinue the supply of electricity to any premises;

(b) a person occupying premises supplied with electricity by a public electricity supplier, or by a private electricity supplier (wholly or partly) through a public electricity supplier’s electric lines and electrical plant, ceases to require such a supply;

(c) a person entering into occupation of any premises previously supplied with electricity by a public electricity supplier, or by a private electricity supplier (wholly or partly) through a public electricity supplier’s electric lines and electrical plant, does not require such a supply; or

(d) a person entering into occupation of any premises previously supplied with electricity through a meter belonging to a public electricity supplier does not hire or borrow that meter,

any officer authorised by the supplier, after one working day’s notice to the occupier, or to the owner of the premises if they are unoccupied, may at all reasonable times, on production of some duly authenticated document showing his authority, enter the premises for the purpose of disconnecting the supply or removing any electrical plant, electric line or electricity meter.

Entry for replacing, repairing or altering lines or plant E+W+S

7 (1) Any officer authorised by a public electricity supplier, after five working days’ notice to the occupier of any premises, or to the owner of any premises which are unoccupied, may at all reasonable times, on production of some duly authenticated document showing his authority, enter the premises for the purpose of—

(a) placing a new electric line or new electrical plant in the place of or in addition to any existing line or plant which has already been lawfully placed; or

(b) repairing or altering any such existing line or plant.

(2) In the case of emergency arising from faults in any electric line or electrical plant entry may be made under sub-paragraph (1) above without the notice required to be given by that sub-paragraph, but the notice shall then be given as soon as possible after the occurrence of the emergency.

Provisions as to powers of entry E+W+S

8 (1) Where in pursuance of any powers of entry conferred by this Schedule, entry is made on any premises by an officer authorised by a public electricity supplier—

(a) the officer shall ensure that the premises are left no less secure by reason of the entry; and

(b) the supplier shall make good, or pay compensation for, any damage caused by the officer, or by any person accompanying him in entering the premises, in taking any action therein authorised by this Schedule, or in making the premises secure.

(2) Any officer exercising powers of entry conferred by this Schedule may be accompanied by such persons as may be necessary or expedient for the purpose for which the entry is made, or for the purposes of sub-paragraph (1) above.

(3) If any person intentionally obstructs any officer exercising powers of entry conferred by this Schedule, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4) The M31 Rights of Entry (Gas and Electricity Boards) Act 1954 (entry under a justice’s warrant) shall apply in relation to any powers of entry conferred by this Schedule.

Marginal Citations

M31 1954 c. 21.

Electrical plant etc. not to be subject to distress E+W+S

9 Any electrical plant, electric line or electricity meter owned by or let for hire or lent to a customer by a public electricity supplier and marked or impressed with a sufficient mark or brand indicating the supplier as the owner thereof—

(a) shall be deemed not to be landlord’s fixtures, notwithstanding that they may be fixed or fastened to any part of the premises in which they may be situated; and

(b) shall not in England and Wales be subject to distress or be liable to be taken in execution under process of any court or any proceedings in bankruptcy against the person in whose possession they may be.

Section 31.

SCHEDULE 7 E+W+S Use etc. of Electricity Meters

Modifications etc. (not altering text)

C12 Sch. 7 modified (1.11.1995) by S.I. 1995/2607, reg. 3(1)

Consumption to be ascertained by appropriate meter E+W+S

1 (1) Where a customer of an electricity supplier is to be charged for his supply wholly or partly by reference to the quantity of electricity supplied, the supply shall be given through, and the quantity of electricity shall be ascertained by, an appropriate meter.

[F22 (2) If the electricity supplier agrees, the meter may be provided by the customer; but otherwise it shall be provided by the electricity supplier (whether by way of sale, hire or loan).

(2A) A public electricity supplier may refuse to allow one of his customers to provide a meter only if there are reasonable grounds for his refusal.]

(3) The meter shall be installed on the customer’s premises in a position determined by the electricity supplier, unless in all the circumstances it is more reasonable to place it outside those premises or in some other position.

(4) The electricity supplier may require the replacement of any meter provided and installed in accordance with sub-paragraphs (2) and (3) above where its replacement—

(a) is necessary to secure compliance with this Schedule or any regulations made under it; or

(b) is otherwise reasonable in all the circumstances;

and any replacement meter shall be provided and installed in accordance with those sub-paragraphs.

(5) If the customer refuses or fails to take his supply through an appropriate meter provided and installed in accordance with sub-paragraphs (2) and (3) above, the supplier may refuse to give or may discontinue the supply.

(6) For the purposes of this paragraph a meter is an appropriate meter for use in connection with any particular supply if it is of a pattern or construction which, having regard to the terms on which the supply is to be charged for, is particularly suitable for such use.

(7) Section 23 of this Act shall apply in relation to any dispute arising under this paragraph between a public electricity supplier and a customer as if it were a dispute arising under sections 16 to 22 of this Act.

(8) Pending the determination under section 23 of this Act of any dispute arising under this paragraph, the meter and its provision and installation shall be such as the Director may direct; and directions under this sub-paragraph may apply either in cases of particular descriptions or in particular cases.

(9) Part I of this Act shall apply as if any duty or other requirement imposed on a public electricity supplier by directions under sub-paragraph (8) above were imposed by directions under section 23 of this Act.

(10) In this Schedule “exempt supply” means a supply of electricity to any premises where—

(a) the premises are not premises used wholly or mainly for domestic purposes; or

(b) the electricity supplier or the customer is a person authorised by an exemption to supply electricity to those premises.

Textual Amendments

F22 Sch. 7 para. 1(2)(2A) substituted (1.7.1992) for para. 1(2) by Competition and Service (Utilities) Act 1992 (c. 43), s. 56(6), Sch. 1 para.16; Commencement Order No. 1 made on 29.5.1992, art. 3, Sch. Pt.I

Restrictions on use of meters E+W+S

2 (1) No meter shall be used for ascertaining the quantity of electricity supplied by an electricity supplier to a customer unless the meter—

(a) is of an approved pattern or construction and is installed in an approved manner; and

(b) subject to sub-paragraph (2) below, is certified under paragraph 5 below;

and in this Schedule “approved” means approved by or under regulations made under this paragraph.

(2) Paragraph (b) of sub-paragraph (1) above shall not apply to a meter used in connection with an exempt supply if the electricity supplier and the customer have agreed in writing to dispense with the requirements of that paragraph.

(3) Regulations under this paragraph may provide—

(a) for determining the fees to be paid for approvals given by or under the regulations;

(b) for revoking an approval so given to any particular pattern or construction of meter and requiring meters of that pattern or construction which have been installed to be replaced with meters of an approved pattern or construction within a prescribed period;

(c) for revoking an approval so given to any particular manner of installation and requiring meters which have been installed in that manner to be installed in an approved manner within such a period;

and may make different provision for meters of different descriptions or for meters used or intended to be used for different purposes.

3 (1) If an electricity supplier supplies electricity through a meter which is used for ascertaining the quantity of electricity supplied and—

(a) is not of an approved pattern or construction or is not installed in an approved manner; or

(b) in the case of a meter to which paragraph 2(1)(b) above applies, is not certified under paragraph 5 below,

he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) Where the commission by any person of an offence under this paragraph is due to the act or default of some other person, that other person shall be guilty of the offence; and a person may be charged with and convicted of the offence by virtue of this sub-paragraph whether or not proceedings are taken against the first-mentioned person.

(3) In any proceedings in respect of an offence under this paragraph it shall be a defence for the person charged to prove that he took all reasonable steps and exercised all due diligence to avoid committing the offence.

(4) No proceedings shall be instituted in England and Wales in respect of an offence under this paragraph except by or on behalf of the Director.

Meter examiners E+W+S

4 (1) The Director shall appoint competent and impartial persons as meter examiners for the purposes of this Schedule. E+W+S

(2) There shall be paid out of money provided by Parliament to meter examiners such remuneration and such allowances as may be determined by the Director with the approval of the Treasury; and such pensions as may be so determined may be paid out of money provided by Parliament to or in respect of such examiners.

(3) All fees payable in respect of the examination of meters by meter examiners shall be paid to the Director; and any sums received by him under this sub-paragraph shall be paid into the Consolidated Fund.

Certification of meters E+W+S

5 (1) Subject to sub-paragraph (2) below, a meter may be certified—

(a) by a meter examiner appointed under paragraph 4 above; or

(b) by a person who is authorised to certify meters of that description by or under regulations made under this paragraph;

and in this paragraph “examiner” means a meter examiner or a person so authorised.

(2) No meter shall be certified unless the examiner is satisfied—

(a) that the meter is of an approved pattern or construction; and

(b) that the meter conforms to such standards (including standards framed by reference to margins of error) as may be prescribed;

and references in this Schedule to prescribed margins of error shall be construed accordingly.

(3) An examiner may certify any meter submitted to him, notwithstanding that he has not himself examined or tested it, if—

(a) the meter is submitted to him by a public electricity supplier or by a person authorised by the Director for the purposes of this sub-paragraph;

(b) the meter is accompanied by a report stating that the meter has been examined and tested by the person submitting it and containing such other information as may be prescribed;

(c) the examiner considers that the report indicates that the meter is entitled to be certified;

(d) the meter is one of a number submitted at the same time by the same person,

and the examiner has himself examined and tested as many of those meters as he may consider sufficient to provide a reasonable test of all of them.

(4) Regulations under this paragraph may make different provision for meters of different descriptions or for meters used or intended to be used for different purposes and may include provision—

(a) for the termination of certification in the case of meters which no longer conform to the prescribed standards and in such other cases as may be prescribed;

(b) for determining the fees to be paid for examining, testing and certifying meters, and the persons by whom they are to be paid; and

(c) as to the procedure to be followed in examining, testing and certifying meters.

(5) Regulations under this paragraph above may also include provision—

(a) for determining the fee to be paid in respect of any authorisation under sub-paragraph (1) or (3) above;

(b) for imposing conditions on any such authorisation; and

(c) for withdrawing any such authorisation before the end of any period for which it is given if any of those conditions is not satisfied.

Apparatus for testing etc. of meters E+W+S

6 (1) It shall be the duty of a person to whom this paragraph applies, that is to say, a public electricity supplier or a person authorised by the Director for the purposes of paragraph 5(3) above—

(a) to provide and maintain such apparatus for the examination, testing and regulation of meters, and such apparatus for the sealing and unsealing of meters, as may be specified by a direction of the Director;

(b) to use apparatus so provided and maintained to carry out such examination, testing and regulation of meters, or to seal or unseal meters in such circumstances, as may be so specified; and

(c) to keep such records and make such reports of things done in pursuance of paragraph (b) above as may be so specified.

(2) It shall also be the duty of a person to whom this paragraph applies to afford to meter examiners, acting in the exercise of their functions under this Schedule, all necessary facilities for the use of apparatus provided and maintained in pursuance of sub-paragraph (1) above.

(3) If the Director considers that any person to whom this paragraph applies has made satisfactory arrangements whereby apparatus provided by some other person is available for the examination, testing or regulation of the first mentioned person’s meters, the Director may direct that this paragraph shall not apply to that person to such extent as may be specified in the direction.

(4) Any two or more persons to whom this paragraph applies may with the approval of the Director enter and carry into effect arrangements whereby apparatus provided by one or more of the parties is to be available to all or any of them for the purposes of fulfilling their obligations under this paragraph.

(5) Any public electricity supplier who provides apparatus in pursuance of such arrangements as are mentioned in sub-paragraph (4) above shall be under the same obligation under this paragraph, in relation to the meters of any public electricity supplier for whose benefit the apparatus is so made available, as he is or would be under in relation to meters measuring electricity supplied by him.

Testing etc. of meters E+W+S

7 (1) It shall be the duty of a meter examiner, on being required to do so by any person and after giving notice to such persons as may be prescribed—

(a) to examine and test any meter used or intended to be used for ascertaining the quantity of electricity supplied to any premises;

(b) to determine whether it is of an approved pattern or construction and, if it is installed for use, whether it is installed in an approved manner;

(c) to determine whether it is in proper order for ascertaining the quantity of electricity supplied within the prescribed margins of error and, if it has been in use and there is a dispute as to whether it registered correctly at any time, to determine if possible whether it registered within those margins at that time; and

(d) to make a written report of his conclusions as to the matters mentioned in paragraphs (b) and (c) above.

(2) If a meter examiner determines that a meter is, or was at any time, operating outside the prescribed margins of error, he shall if possible give an opinion as to—

(a) any period for which the meter has or may have been so operating; and

(b) the accuracy (if any) with which it was or may have been operating for any such period.

(3) Regulations under this paragraph may make provision for determining the fees to be paid for examining and testing meters, and the persons by whom and the circumstances in which they are to be paid.

(4) In relation to a meter used or intended to be used in connection with an exempt supply, this paragraph shall have effect as if any reference to the prescribed margins of error included a reference to any margins of error agreed between the electricity supplier and the customer (in this Schedule referred to as “agreed margins of error”).

8 (1) This paragraph applies where there is a genuine dispute as to the accuracy of a meter used for ascertaining the quantity of electricity supplied to any premises and notice of the dispute—

(a) is given to the electricity supplier by the customer, or to the customer by the electricity supplier; or

(b) is given to the electricity supplier and to the customer by any other person interested.

(2) Except with the approval of a meter examiner and, if he so requires, under his supervision, the meter shall not be removed or altered by the supplier or the customer until after the dispute is resolved by agreement or the meter is examined and tested under paragraph 7 above, whichever first occurs.

(3) If the supplier or the customer removes or alters the meter in contravention of sub-paragraph (2) above, he shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Presumptions and evidence E+W+S

9 (1) This paragraph applies to meters used for ascertaining the quantity of electricity supplied to any premises. E+W+S

(2) The register of a meter to which this paragraph applies shall be admissible in any proceedings as evidence of the quantity of electricity supplied through it.

(3) Where electricity has been supplied for any period through such a meter which is of an approved pattern or construction and is installed in an approved manner, the register of the meter shall be presumed to have been registering for that period—

(a) within the prescribed margins of error; and

(b) in the case of a meter used in connection with an exempt supply, within any agreed margins of error,

unless the contrary is proved.

(4) Where a meter to which this paragraph applies has been operating for any period—

(a) within the prescribed margins of error; and

(b) in the case of a meter used in connection with an exempt supply, within any agreed margins of error,

the meter shall be conclusively presumed to have been correctly registering for that period the quantity of electricity supplied through it.

(5) The report of a meter examiner on any question relating to such a meter shall be admissible in evidence in any proceedings in which that question is raised; and any conclusions in the report as to the accuracy of the meter when it was tested shall be presumed to be correct unless the contrary is proved.

Meters to be kept in proper order E+W+S

10 (1) A customer of an electricity supplier shall at all times, at his own expense, keep any meter belonging to him in proper order for correctly registering the quantity of electricity supplied to him; and in default of his doing so the supplier may discontinue the supply of electricity through that meter.

(2) An electricity supplier shall at all times, at his own expense, keep any meter let for hire or lent by him to any customer in proper order for correctly registering the quantity of electricity supplied and, in the case of pre-payment meters, for operating properly on receipt of the necessary payment.

(3) An electricity supplier shall have power to remove, inspect and re-instal any meter by which the quantity of electricity supplied by him to a customer is registered, and shall, while any such meter is removed, fix a substituted meter on the premises; and the cost of removing, inspecting and re-installing a meter and of fixing a substituted meter shall be defrayed by the supplier.

(4) Sub-paragraphs (2) and (3) above are without prejudice to any remedy the supplier may have against the customer for failure to take proper care of the meter.

Interference with meters E+W+S

11 (1) If any person intentionally or by culpable negligence—

(a) alters the register of any meter used for measuring the quantity of electricity supplied to any premises by an electricity supplier; or

(b) prevents any such meter from duly registering the quantity of electricity supplied,

he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) Where any person is prosecuted for an offence under sub-paragraph (1) above, the possession by him of artificial means for causing an alteration of the register of the meter or, as the case may be, the prevention of the meter from duly registering shall, if the meter was in his custody or under his control, be prima facie evidence (or in Scotland sufficient evidence) that the alteration or prevention was intentionally caused by him.

(3) Where an offence under sub-paragraph (1) above has been committed, the supplier may discontinue the supply of electricity to the premises until the matter has been remedied and remove the meter in respect of which the offence was committed.

(4) Where an electricity supplier removes a meter under sub-paragraph (3) above, he shall keep it safely until the Director authorises him to destroy or otherwise dispose of it.

Special provision for pre-payment meters E+W+S

12 (1) A customer of an electricity supplier who takes his supply through a pre-payment meter shall be under a duty to take all reasonable precautions for the safekeeping of any money or tokens which are inserted into that meter.

(2) A pre-payment meter shall not be used to recover any sum owing to an electricity supplier otherwise than in respect of the supply of electricity, the provision of an electric line or electrical plant or the provision of the meter.

Interpretation E+W+S

13 In this Schedule—

• “agreed margins of error” has the meaning given by paragraph 7(4) above;

• “approved” means approved by or under regulations made under paragraph 2 above;

• “electricity supplier” means a person authorised by a licence or exemption to supply electricity;

• “exempt supply” has the meaning given in paragraph 1(10) above;

• “prescribed” means prescribed by regulations;

• “prescribed margins of error” has the meaning given by paragraph 5(2) above;

• “regulations” means regulations made by the Director with the consent of the Secretary of State.

Section 36(8).

SCHEDULE 8 E+W+S Consents under Sections 36 and 37

Modifications etc. (not altering text)

C13 Sch. 8: transfer of certain functions (S.) (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)

Applications for consent E+W+S

1 (1) An application for a consent under section 36 or 37 of this Act shall be in writing and shall describe by reference to a map the land to which the application relates, that is, the land— E+W+S

(a) on which the generating station is proposed to be constructed, extended or operated; or

(b) across which the electric line is proposed to be installed or kept installed.

(2) An application for a consent under section 37 of this Act shall also state—

(a) the length of the proposed line and its nominal voltage; and

(b) whether all necessary wayleaves have been agreed with owners and occupiers of land proposed to be crossed by the line,

and shall be supplemented, if the Secretary of State so directs, by such additional information as may be specified in the direction.

(3) The Secretary of State may by regulations make provision for determining the fees to be paid on applications for consent under section 36 or 37 of this Act, and the circumstances in which they are to be paid.

(4) Any sums received by the Secretary of State under this paragraph shall be paid into the Consolidated Fund.

Objections by relevant planning authority E+W+S

2 (1) Where an application is made to the Secretary of State for his consent under section 36 or 37 of this Act, notice of the application shall be served on the relevant planning authority.

(2) Where the relevant planning authority notify the Secretary of State that they object to the application and their objection is not withdrawn, the Secretary of State—

(a) shall cause a public inquiry to be held; and

(b) before determining whether to give his consent, shall consider the objection and the report of the person who held the inquiry.

(3) For the purposes of sub-paragraph (2) above the Secretary of State may make regulations limiting the time within which notification of objections may be made to the Secretary of State by relevant planning authorities, and providing that objections which are not notified within the time so limited may be disregarded for those purposes.

(4) Sub-paragraph (2) above shall not apply where the Secretary of State proposes to accede to the application subject to such modifications or conditions as will give effect to the objection of the relevant planning authority.

(5) The Secretary of State may make regulations providing that, in relation to applications for consent under section 37 of this Act for electric lines of a nominal voltage less than 132 kilovolts, the provisions of this paragraph shall have effect with such modifications as may be prescribed.

(6) In this Schedule “relevant planning authority”—

(a) in relation to England and Wales, means a local planning authority within the meaning of [F23 the Town and Country Planning Act 1990,]except that in relation to a non-metropolitan county and an application for consent under section 37 of this Act it includes the county planning authority only—

(i) where the line is to be installed in a National Park; or

(ii) where the line will have a nominal voltage of not less than 132 kilovolts;

(b) in relation to Scotland, means a general planning authority, or a district planning authority, within the meaning of Part IX of the M32 Local Government (Scotland) Act 1973.

Textual Amendments

F23 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 83(1)

Marginal Citations

M32 1973 c. 65.

Objections by other persons E+W+S

3 (1) The Secretary of State may by regulations make provision for securing— E+W+S

(a) that notice of any application for consent under section 36 or 37 of this Act shall, in such circumstances as may be prescribed by the regulations, be published in such manner as may be so prescribed;

(b) that notice of any such application shall, in such circumstances as may be prescribed by the regulations or where the Secretary of State so directs, be served on such persons as may be so prescribed or, as the case may be, specified in the direction;

(c) that every notice published or served in pursuance of the regulations shall state the time within which, and the manner in which, objections to the application may be made by persons other than the relevant planning authority, and that the time so stated shall not be less than such minimum period as may be prescribed by the regulations; and

(d) that, in so far as any such notice requires objections to be sent to any person other than the Secretary of State, copies of the objections shall be sent to the Secretary of State by that person;

and in relation to applications for consent under section 36 of this Act to the extension of a generating station or to the operation of such a station in a different manner, the regulations may include provision for enabling the Secretary of State to give directions dispensing with the requirements of the regulations in such cases as he thinks fit.

(2) Where in the case of an application for consent under section 36 or 37 of this Act—

(a) the Secretary of State is not required by virtue of paragraph 2(2) above to cause a public inquiry to be held; but

(b) objections or copies of objections have been sent to the Secretary of State in pursuance of regulations made under this paragraph,

the Secretary of State shall consider those objections, together with all other material considerations, with a view to determining whether a public inquiry should be held with respect to the application and, if he thinks it appropriate to do so, shall cause a public inquiry to be held, either in addition to or instead of any other hearing or opportunity of stating objections to the application.

Public inquiries E+W+S

4 (1) Where in accordance with paragraph 2(2) or 3(2) above a public inquiry is to be held in respect of an application for consent under section 36 or 37 of this Act, the Secretary of State shall inform the applicant accordingly; and the applicant shall in two successive weeks publish a notice stating— E+W+S

(a) the fact that the application has been made, and the purpose of it, together with a description of the land to which it relates;

(b) a place in the locality where a copy of the application, and of the map referred to in it, can be inspected; and

(c) the place, date and time of the public inquiry.

(2) A notice under sub-paragraph (1) above shall be published in one or more local newspapers circulating in the locality in which the land in question is situated, or circulating respectively in the several localities in which different parts of that land are situated, as the applicant may consider appropriate.

(3) If it appears to the Secretary of State that, in addition to the publication of a notice in accordance with sub-paragraphs (1) and (2) above, further notification of the public inquiry should be given (either by the service of notices, or by advertisement, or in any other way) in order to secure that the information specified in paragraphs (a) to (c) of sub-paragraph (1) above is sufficiently made known to persons in the locality, the Secretary of State may direct the applicant to take such further steps for that purpose as may be specified in the direction.

(4) Where in accordance with paragraph 2(2) or 3(2) above a public inquiry is to be held in respect of an application for consent under section 36 or 37 of this Act and the Secretary of State is proceeding concurrently as mentioned in section 61(2) or (4) of this Act, the public inquiry shall extend to all the matters arising in the concurrent proceedings, and any notice of the inquiry (in addition to any other matters required to be stated in it) shall indicate the extent of the inquiry accordingly.

(5) In the application of this paragraph to Scotland, for sub-paragraphs (1) to (3) there shall be substituted the following sub-paragraph—

“(1) Where in accordance with paragraph 2(2) or 3(2) above a public inquiry is to be held, and it appears to the Secretary of State that in addition to any public notice of such an inquiry any further notification concerning the inquiry is necessary or expedient (either by way of service of notice upon any person or in any other way), the Secretary of State may direct the applicant to take such further steps for this purpose as may be specified in the direction.”

Provisions supplementary to paragraphs 2 to 4 E+W+S

5 (1) Where in accordance with paragraph 2(2) or 3(2) above a public inquiry is to be held and the application for consent relates to land in the areas of two or more relevant planning authorities— E+W+S

(a) the application shall not be the subject of a public inquiry in so far as it relates to land which is not within the area of a planning authority who have notified the Secretary of State that they object to the application, unless the Secretary of State otherwise directs having regard to objections by other persons of which he has notice; and

(b) in so far as the application is to be the subject of a public inquiry in relation to land in the areas of two or more relevant planning authorities, the Secretary of State may direct that separate public inquiries shall be held;

and, where the Secretary of State gives any such directions, the provisions of paragraphs 2 to 4 above shall apply with the necessary modifications.

(2) For the purposes of sub-paragraph (1)(a) above a relevant planning authority who have notified the Secretary of State that they object to the application shall be treated as not having done so if the Secretary of State proposes to accede to the application subject to such modifications or conditions as will give effect to the objection.

Special provisions as to consents under section 37 E+W+S

6 (1) Where an application for consent under section 37 of this Act states that all necessary wayleaves have not been agreed with owners and occupiers of land proposed to be crossed by the electric line, the Secretary of State may— E+W+S

(a) give notice to the applicant that he does not intend to proceed with the application until he is satisfied, with respect to all the land over which wayleaves have not been agreed, that the applicant has applied to the Secretary of State for consent under paragraph 6 (acquisition of wayleaves) of Schedule 4 to this Act; or

(b) grant his consent subject to the condition (either in respect of the whole of the line or in respect of any part of it specified in the consent) that the work is not to proceed until the Secretary of State has given his permission.

(2) In determining at any time whether to give permission for any work to proceed, either generally or in respect of any part of the line, the Secretary of State—

(a) shall have regard to the extent to which the necessary wayleaves have been agreed by that time; and

(b) in so far as any such wayleaves have not then been agreed in respect of any part of the line, shall take into account any prejudicial effect which, in his opinion, the giving of permission (whether in respect of that part or of any adjacent part of the line) might have on any subsequent proceedings relating to the outstanding wayleaves.

Deemed planning permission etc. E+W+S

[F24 7 (1) On granting a consent under section 36 or 37 of this Act in respect of any operation or change of use that constitutes development, the Secretary of State may direct that planning permission for that development and any ancillary development shall be deemed to be granted, subject to such conditions (if any) as may be specified in the direction.

(2) On granting a consent under section 36 of this Act in respect of any operation or change of use that would involve the presence of a hazardous substance in circumstances requiring hazardous substances consent, the Secretary of State may, after consultation with the Health and Safety Commission, direct that hazardous substances consent shall be deemed to be granted, subject to such conditions (if any) as may be specified in the direction.

(3) The provisions of the Planning Act (except Parts VII and XII) shall apply in relation to any planning permission or hazardous substances consent deemed to be granted by virtue of a direction under this paragraph as if it had been granted by the Secretary of State on an application referred to him under the relevant section of that Act.

(4) In this paragraph—

• “ancillary development”, in relation to development consisting of the extension of a generating station, does not include any development which is not directly related to the generation of electricity by that station;

• “the Planning Act” means [F25 the M33 Town and Country Planning Act 1971 in relation to England and Wales and]]the M34 Town and Country Planning (Scotland) Act 1972 in relation to Scotland;

• “the relevant section” means [F25 section 35 in relation to the said Act of 1971 and]section 32 in relation to the said Act of 1972;

and in this paragraph expressions which are also used in the Planning Act have the same meanings as in that Act.

Textual Amendments

F24 Sch. 8 para. 7 repealed (E.W.) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. II

F25 Words repealed (S.) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. III

Marginal Citations

M33 1971 c. 78.

M34 1972 c. 52.

Supplemental E+W+S

8 (1) In this Schedule “relevant planning authority” has the meaning given by paragraph 2(6) above. E+W+S

(2) In section 149 of the M35 Local Government, Planning and Land Act 1980, each of the following, namely—

(a) subsection (3)(a) (power of Secretary of State to confer on urban development corporation functions of local planning authority in England and Wales); and

(b) subsection (8)(a) (which makes corresponding provision in relation to Scotland),

shall have effect in relation to the provisions of this Schedule (so far as applying to applications for consent under section 37 of this Act) as it has effect in relation to the provisions referred to in that subsection.

Marginal Citations

M35 1980 c. 65.

Section 38.

SCHEDULE 9 E+W+S PRESERVATION OF AMENITY AND FISHERIES.

Preservation of amenity: England and Wales E+W

1 (1) In formulating any relevant proposals, a licence holder or a person authorised by exemption to generate or supply electricity—

(a) shall have regard to the desirability of preserving natural beauty, of conserving flora, fauna and geological or physiographical features of special interest and of protecting sites, buildings and objects of architectural, historic or archeological interest; and

(b) shall do what he reasonably can to mitigate any effect which the proposals would have on the natural beauty of the countryside or on any such flora, fauna, features, sites, buildings or objects.

(2) In considering any relevant proposals for which his consent is required under section 36 or 37 of this Act, the Secretary of State shall have regard to—

(a) the desirability of the matters mentioned in paragraph (a) of sub-pargaraph (1) above; and

(b) the extent to which the person by whom the proposals were formulated has complied with his duty under paragraph (b) of that sub-paragraph.

(3) In this paragraph—

• “building” includes structure;

• “relevant proposals” means any proposals—

  (a)

  for the construction or extension of a generating station of a capacity not less than 10 megawatts, or for the opreation of such a station in a different manner;

  (b)

  for the installation (whether above or below ground) of an electric line; or

  (c)

  for the execution of any other works for or in connection with the transmission or supply of electricity.

(4) The Secretary of State may by order provide that sub-paragraph (3) above shall have effect as if for the capacity mentioned in paragraph (a) there were substituted such other capacity as may be specified in the order.

(5) This paragraph and paragraph 2 below extend to England and Wales only.

2 (1) A licence holder shall within twelve months from the grant of his licence prepare, and from time to time modify, a statement setting out the manner in which he proposes to perform his duty under paragraph 1(1) above, including in particular the consultation procedures which he intends to follow.

(2) Before preparing or modifying a statement under this paragraph, a licence holder shall consult the Countryside Commission,

[F26 and—

(a) where the activities which he is authorised by his licence to carry on include activities in England, the Nature Conservancy Council for England and the Historic Buildings and Monuments Commission for England; and

(b) where those activities include activities in Wales, the Countryside Council for Wales and] the Historic Buildings Council for Wales.

(3) As soon as practicable after preparing or modifying a statement under this paragraph, the licence holder shall publish the statement as so prepared or so modified in such manner as he considers appropriate.

Textual Amendments

F26 Words in Sch. 9 para. 2(2) substituted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 16(a); S.I. 1991/685, art. 3

Preservation of amenity and fisheries: Scotland S

3 (1) In formulating any relevant proposals, a licence holder or a person authorised by an exemption to generate or supply electricity—

(a) shall have regard to the desirability of preserving natural beauty, of conserving flora, fauna and geological or physiographical features of special interest and of protecting sites, buildings and objects of architectural, historic or archaeological interest; and

(b) shall do what he reasonably can to mitigate any effect which the proposals would have on the natural beauty of the countryside or on any such flora, fauna, features, sites, buildings or objects.

(2) In considering any relevant proposals for which his consent is required under section 36 or 37 of this Act, the Secretary of State shall have regard to—

(a) the desirability of the matters mentioned in paragraph (a) of sub-paragraph (1) above; and

(b) the extent to which the person by whom the proposals were formulated has complied with his duty under paragraph (b) of that sub-paragraph.

(3) Without prejudice to sub-paragraphs (1) and (2) above, in exercising any relevant functions each of the following, namely, a licence holder, a person authorised by an exemption to generate or supply electricity and the Secretary of State shall avoid, so far as possible, causing injuries to fisheries or to the stock of fish in any waters.

(4) In this paragraph—

• “building” includes structure;

• “relevant proposals” has the same meaning as in paragraph 1 above and, for the purposes of this paragraph, any such order as is mentioned in sub-pargaraph (4) of that paragraph may be made under this sub-paragraph;

• “relevant functions” means any powers conferred and any duties imposed by or under this Act.

(5) This paragraph and paragraphs 4 and 5 below extend to Scotland only.

Modifications etc. (not altering text)

C14 Sch. 9 para. 3: transfer of certain functions (S.) (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)

4 (1) A licence holder shall within twelve months from the grant of his licence prepare, and from time to time modify, a statement setting out the manner in which he proposes too perform his duty under paragraph 3(1) above, inlcuding in particular the consultation procedures which he intends to follow.

(2) Before preparing or modifying a statement under this paragraph, a licence holder shall consult with [F27 Scottish Natural Heritage], the Ancient Monuments Board for Scotland and the Historic Buildings Council for Scotland.

(3) As soon as practicable after preparing or modifying a statement under this paragraph, the licence holder shall publish the statement so prepared or so modified in such a manner as he considers appropriate.

Textual Amendments

F27 Words in Sch. 9 para. 4(2) substituted (1.4.1992) by Natural Heritage (Scotland) Act 1991 (c. 28, SIF 46:1), ss. 27(1), 28(2), Sch. 10 para.13; S.I. 1991/2633, art. 4

Fisheries Committee: Scotland S

5 (1) The Fisheries Committee appointed under section 5(2) of the M36 Electricity (Scotland) Act 1979 shall continue in existence, and shall have the function of giving advice and assistance (whether specifically requested or not), on questions relating to the effect in Scotland— S

(a) on fisheries, or

(b) on the stock of fish in any waters,

of generating stations wholly or mainly driven by water, to the Secretary of State and to any person engaged in, or proposing to engage in, the operation of such a generating station.

(2) The Commmittee shall consist of such a number of persons, appointed by the Secretary of State, as he may think proper.

(3) The Committee shall have the power to regulate its own procedure.

(4) Persons engaged in, or proposing to engage in, the operation of such a generating station as is mentioned in sub-pargaraph (1) above shall furnish to the Committee any maps, plans, drawings or information which the Committee may reasonably require, and give to the Committee reasonable facilities for inspection.

(5) A person making an application to the Secretary of State for consent under section 36 of this Act as respects such a generating station as is mentioned in sub-paragraph (1) above shall, before or on doing so, consult the Committee as regards the matter to which the application relates.

(6) Upon being so consulted the Committee may make recommendations to the applicant or to any other person and shall transmit a copy of the recommendations to the Secretary of State; and the applicant shall intimate to the Committee and to the Secretary of State whether or not he is prepared to give effect to such recommendations as have been made to him.

(7) If an applicant is not prepared to give effect to a recommendation made to him under sub-paragraph (6) above, the Secretary of State may, after considering any representation made, refuse the consent applied for.

(8) Any expenses reasonably incurred by the Committee shall be defrayed by the Secretary of State out of money provided by Parliament.

(9) Where recommendations are made under sub-paragraph (6) above to a person other than the applicant, that person shall have regard to the recommendations in carrying out any activities to which they are relevant.

Modifications etc. (not altering text)

C15 Sch. 9 para. 5: transfer of certain functions (S.) (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)

Marginal Citations

M36 1979 c. 11

Section 70.

SCHEDULE 10 E+W+S Transfers under Sections 66 and 67

Modifications etc. (not altering text)

C16 Sch. 10 applied (with modifications) (8.11.1995) by 1995 c. 25, ss. 17(1), 18(2)(c), Sch. 5 Pt. I paras. 1, 7(1)

C17 Sch. 10 applied (with modifications) (16.5.2001) by 2000 c. 27, s. 108, Sch. 7 para. 7; S.I. 2001/1781, art. 2, Sch. (subject to transitional provisions in arts. 3-10)

Allocation of property, rights and liabilities: general E+W+S

1 (1) The provisions of this paragraph shall apply where the transfers effected in pursuance of a transfer scheme include a transfer of all property, rights and liabilities comprised in a specified part of the transferor’s undertaking, but shall not apply to any such rights or liabilities under a contract of employment. E+W+S

(2) Any property, right or liability comprised partly in the specified part of the transferor’s undertaking and partly in some other part or parts of that undertaking shall, where the nature of the property, right or liability permits, be divided or apportioned between the transferee of the specified part (“transferee A”) and the transferee of the other part or each of the other parts (“transferee B”) in such proportions as may be appropriate.

(3) Where any estate or interest in land falls to be so divided—

(a) any rent payable under a lease in respect of that estate or interest; and

(b) any rent charged on that estate or interest,

shall be correspondingly apportioned or divided so that the one part is payable in respect of, or charged on, only one part of the estate or interest and the other part is payable in respect of, or charged on, only the other part of the estate or interest.

(4) Sub-paragraph (3) above shall apply, with any necessary modifications, in relation to any feu duty payable in respect of an estate or interest in land in Scotland as it applies in relation to any rents charged on an estate or interest in land.

(5) Any property, right or liability comprised as mentioned in sub-paragraph (2) above the nature of which does not permit its division or apportionment as so mentioned shall be transferred to transferee A or transferee B according to—

(a) in the case of an estate or interest in land, whether on the transfer date transferee A or transferee B appears to be in greater need of the security afforded by that estate or interest or, where neither appears to be in greater need of that security, whether on that date transferee A or transferee B appears likely to make use of the land to the greater extent;

(b) in the case of any other property or any right or liability, whether on the transfer date transferee A or transferee B appears likely to make use of the property, or as the case may be to be affected by the right or liability, to the greater extent,

subject (in either case) to such arrangements for the protection of the other of them as may be agreed between them.

2 (1) The provisions of this paragraph shall apply where the transfers effected in pursuance of a transfer scheme include a transfer of all property, rights and liabilities comprised in a specified part of the transferor’s undertaking, but shall not apply to any such rights or liabilities under a contract of employment. E+W+S

(2) It shall be the duty of the transferee of the specified part of the transferor’s undertaking (“transferee A”) and each of the other transferees (“transferee B”), whether before or after the transfer date, so far as practicable to arrive at such written agreements and to execute such other instruments as are necessary or expedient to identify or define the property, rights and liabilities transferred to transferee A or transferee B and as will—

(a) afford to transferee A and transferee B as against one another such rights and safeguards as they may require for the carrying on of their respective undertakings; and

(b) make as from such date, not being earlier than the transfer date, as may be specified in the agreement or instrument such clarification and modifications of the division of the transferor’s undertaking as will best serve the carrying on of the respective undertakings of transferee A and transferee B.

(3) Any such agreement shall provide so far as it is expedient—

(a) for the granting of leases and for the creation of other liabilities and rights over land whether amounting in law to interests in land or not, and whether involving the surrender of any existing interest or the creation of a new interest or not;

(b) for the granting of indemnities in connection with the severance of leases and other matters; and

(c) for responsibility for registration of any matter in any statutory register.

(4) If transferee A or transferee B represents to the Secretary of State, or if it appears to the Secretary of State without such a representation, that it is unlikely in the case of any matter on which agreement is required under sub-paragraph (2) above that such agreement will be reached, the Secretary of State, whether before or after the transfer date, may—

(a) give a direction determining that matter; and

(b) include in the direction any provision which might have been included in an agreement under sub-paragraph (2) above.

(5) Any property, rights or liabilities required by a direction under sub-paragraph (4) above to be transferred to transferee A or transferee B shall be regarded as having been transferred by this Act to, and by virtue thereof vested in, that transferee accordingly.

Allocation of rights and liabilities: contracts of employment E+W+S

3 (1) The provisions of this paragraph shall apply where— E+W+S

(a) the transfers effected in pursuance of a transfer scheme include a transfer of all property, rights and liabilities comprised in a specified part of the transferor’s undertaking; and

(b) it falls to be determined whether the rights and liabilities transferred to the transferee of that part (“transferee A”) include rights and liabilities under a particular contract of employment.

(2) Rights and liabilities under the contract of employment shall be transferred to transferee A only if immediately before the transfer date the employee is employed wholly or mainly for the purposes of the specified part of the transferor’s undertaking.

(3) The employee, transferee A or any of the other transferees may apply to the Secretary of State to determine whether or not rights and liabilities in respect of the employee’s services under the contract of employment are transferred to transferee A, and the Secretary of State’s decision on the application shall be final.

Variation of transfers by agreement E+W+S

4 (1) The provisions of this paragraph shall apply where the transfers effected in pursuance of a transfer scheme include a transfer of all property, rights and liabilities comprised in a specified part of the transferor’s undertaking. E+W+S

(2) At any time before the end of the period of twelve months beginning with the transfer date the transferee of the specified part and the transferee of any property, rights and liabilities comprised in some other part of the transferor’s undertaking may, with the approval of the Secretary of State, agree in writing that—

(a) as from such date as may be specified in or determined under the agreement; and

(b) in such circumstances (if any) as may be so specified,

there shall be transferred from the one transferee to, and vested in, the other transferee any property, rights and liabilities specified in the agreement; but no such agreement shall have effect in relation to rights and liabilities under a contract of employment unless the employee concerned is a party to the agreement.

(3) Subject to sub-paragraph (4) below, in the case of an agreement under sub-paragraph (2) above, the property, rights and liabilities in question shall on the date of the coming into force of the agreement be transferred, and by virtue of the agreement vest, in accordance with the agreement.

(4) The following provisions of this Schedule shall have effect as if—

(a) any reference to a transfer effected in pursuance of a transfer scheme included a reference to a transfer effected in pursuance of an agreement under sub-paragraph (2) above;

(b) any reference to a transaction effected in pursuance of paragraph 2(2) above or of a direction under paragraph 2(4) above included a reference to such an agreement; and

(c) any reference to a vesting by virtue of this Act included a reference to a vesting by virtue of such an agreement.

Right to production of documents of title E+W+S

5 (1) The provisions of this paragraph shall apply where the transferee under a transfer effected in pursuance of a transfer scheme (“transferee A”) is entitled to possession of any document relating in part to the title to, or to the management of, any land or other property transferred to the transferee under some other transfer effected in pursuance of that scheme (“transferee B”). E+W+S

(2) Where the land or other property is situated in England and Wales—

(a) transferee A shall be deemed to have given to transferee B an acknowledgment in writing of the right of transferee B to production of the document and to delivery of copies thereof; and

(b) section 64 of the M37 Law of Property Act 1925 shall have effect accordingly, and on the basis that the acknowledgment did not contain any such expression of contrary intention as is mentioned in that section.

(3) Where the land or other property is situated in Scotland, subsections (1) and (2) of section 16 of the M38 Land Registration (Scotland) Act 1979 (omission of certain clauses in deeds) shall have effect in relation to the transfer as if the transfer had been effected by deed and as if from each of those subsections the words “unless specially qualified” were omitted.

Marginal Citations

M37 1925 c. 20.

M38 1979 c. 33.

Proof of title by certificate E+W+S

6 (1) Where two or more transfers are effected in pursuance of a transfer scheme, a certificate issued by either or any of the transferees (“transferee A”) with the concurrence of the other or others of them that— E+W+S

(a) any property specified in the certificate;

(b) any such interest in or right over any such property as may be so specified; or

(c) any right or liability so specified,

is by virtue of this Act for the time being vested in transferee A shall be conclusive evidence for all purposes of that fact, and shall constitute a link of title for the purposes of section 5(1) of the M39 Conveyancing (Scotland) Act 1924 (deduction of title).

(2) If, on the expiration of one month after a request from either or any of the transferees (“transferee A”) for the other or one of the others of them (“transferee B”) to concur in the issue of such a certificate, transferee B has failed so to concur—

(a) transferee A may refer the matter to the Secretary of State; and

(b) the Secretary of State may direct transferee B to concur in the issue of a certificate prepared in such terms as are specified in the direction.

Marginal Citations

M39 1924 c. 27.

Restrictions on dealing with certain land E+W+S

7 (1) Where two or more transfers are effected in pursuance of a transfer scheme and the Secretary of State is satisfied, on the representation of either or any of the transferees (“transferee A”), that— E+W+S

(a) in consequence of those transfers, different interests in land, whether the same or different land, are held by transferee A and by the other or one of the other transferees (“transferee B”); and

(b) the circumstances are such that the provisions of this paragraph should have effect,

the Secretary of State may direct that those provisions shall apply to such of that land as may be specified in the direction; and while the direction remains in force, those provisions shall have effect accordingly.

(2) Neither transferee A nor transferee B shall dispose of any interest to which they may respectively be entitled in any of the specified land except with the consent of the Secretary of State.

(3) If, in connection with any proposal to dispose of any interest of either transferee A or transferee B in any of the specified land, it appears to the Secretary of State to be necessary or expedient for the protection of either of them, he may—

(a) require either transferee A or transferee B to dispose of any interest to which it may be entitled in any of the specified land to such person and in such manner as may be specified in the requirement;

(b) require either transferee A or transferee B to acquire from the other any interest in any of the specified land to which that other is entitled; or

(c) consent to the proposed disposal subject to compliance with such conditions as the Secretary of State may see fit to impose.

(4) A person other than transferee A and transferee B dealing with, or with a person claiming under, either transferee A or transferee B shall not be concerned to see or enquire—

(a) whether this paragraph applies or has applied in relation to any land to which the dealing relates; or

(b) whether the provisions of this paragraph have been complied with in connection with that or any other dealing with that land,

and no transaction between persons other than transferee A and transferee B shall be invalid by reason of any failure to comply with those provisions.

Third parties affected by vesting provisions E+W+S

8 (1) A transaction of any description which, in pursuance of paragraph 2(2) above or of a direction under paragraph 2(4) above, is effected between transferee A and transferee B— E+W+S

(a) shall have effect subject to the provisions of any enactment which provides for transactions of that description to be registered in any statutory register; but

(b) subject to that, shall be binding on all persons notwithstanding that it would, apart from this sub-paragraph, have required the consent or concurrence of any other person.

(2) If any transaction is effected in pursuance of paragraph 2(2) above or of a direction under paragraph 2(4) above, transferee A and transferee B shall notify any person who has rights or liabilities which thereby become enforceable as to part by or against transferee A and as to part by or against transferee B.

(3) If, within 28 days of being notified, such a person as is mentioned in sub-paragraph (2) above applies to the Secretary of State and satisfies him that the transaction operated unfairly against him, the Secretary of State may give such directions to transferee A and transferee B as appear to him appropriate for varying the transaction.

9 (1) If in consequence of two or more transfers effected in pursuance of a transfer scheme or of anything done in pursuance of the provisions of this Schedule— U.K.

(a) the rights or liabilities of any person other than the transferor and the transferees which were enforceable against or by the transferor become enforceable as to part against or by one transferee and as to part against or by another transferee; and

(b) the value of any property or interest of that person is thereby diminished,

such compensation as may be just shall be paid to that person by one or more of the transferees.

(2) Any dispute as to whether, and if so how much, compensation is payable under sub-paragraph (1) above, or as to the person to or by whom it shall be paid, shall be referred to and determined—

(a) by an arbitrator appointed by the Lord Chancellor; or

(b) where the proceedings are to be held in Scotland, by an arbiter appointed by the Lord President of the Court of Session.

[F28 (3) A person shall not be appointed after the day on which he attains the age of 70 to be an arbitrator or arbiter under sub-paragraph (2) above.]

Textual Amendments

F28 Sch. 10 para. 9(3) added (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para.66 (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2

Modifications etc. (not altering text)

C18 Sch. 10 para. 9(2) restricted (31.3.1995) by 1993 c. 8, s. 26(8)(g) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2

Interpretation E+W+S

10 E+W+S Any reference in this Schedule to a transfer effected in pursuance of a transfer scheme is a reference to a transfer effected by this Act in pursuance of such a scheme.

Section 90.

SCHEDULE 11 E+W+S TAXATION PROVISIONS

General E+W+S

1 (1) Subject to sub-paragraphs (2) and (3) below, the following provisions shall apply for the purposes of the Corporation Tax Acts, namely— E+W+S

(a) all the trades or parts of trades carried on by the existing bodies which are transferred by this Act to successor companies shall be treated as having been, at the time of their commencement and at all times since that time, separate trades carried on by those companies respectively;

(b) the trade carried on by each of those companies after the transfer date shall be treated as the same trade as that which, by virtue of paragraph (a) above, it is treated as having carried before that date;

(c) all property, rights and liabilities of an existing body which are transferred by this Act to a successor company shall be treated as having been, at the time when they became vested in that body and at all times since that time, property, rights and liabilities of that company; and

(d) anything done by an existing body in relation to property, rights and liabilities which are transferred by this Act to a successor company shall be deemed to have been done by that company.

(2) Except in the case of an Area Board, there shall be made such apportionments of unallowed tax losses and of expenditure by reference to which capital allowances may be made as may be specified in the transferor’s transfer scheme.

(3) Where any property, rights and liabilities of an existing body in England and Wales which are transferred by this Act to a successor company became vested in that body by virtue of a qualifying transfer, or two or more successive qualifying transfers—

(a) sub-paragraph (1)(c) above shall have effect as if the reference to the time when the property, rights and liabilities became vested in that body were a reference to the time when they became vested in the original transferor, that is to say, the transferor under the qualifying transfer or, as the case may be, the first qualifying transfers; and

(b) if the property, rights and liabilities became vested in the original transferor by virtue of a transfer made by a company in which, at the time of the transfer, the original transferor or another existing body in England or Wales held an interest, that interest shall be deemed to have been held at that time by the successor company.

(4) Where any property, rights and liabilities of an existing body in England or Wales which are transferred by this Act to a successor company became vested in that body by virtue of a transfer made by a company in which, at the time of the transfer, that body or another body held an interest, that interest shall be deemed to have been held at that time by the successor company.

(5) In this paragraph—

“capital allowance” has the same meaning as in the Tax Acts;

“the final accounting period” means the last complete accounting period of the relevant body, that is to say—

(a) in the case of an existing body in England or Wales, the Electricity Council;

(b) in the case of an existing body in Scotland, that body,

ending before that transfer date;

“qualifying transfer” means a transfer to an existing body in England and Wales by another such body;

“unallowed tax losses” means any losses, allowances or amounts which, as at the end of the final accounting period, are tax losses within the meaning given by section 400(2) of the 1988 Act;

and in construing sub-paragraphs (1) to (4) above, section 511(2) of the 1988 Act and the corresponding earlier enactments shall be disregarded.

(6) This paragraph shall have effect in relation to accounting periods beginning after the final accounting period.

Chargeable gains E+W+S

2 (1) This paragraph applies where— E+W+S

(a) by virtue of a transfer of property, rights and liabilities effected by this Act to a successor company (in this paragraph referred to as “the transferee”), a company would, but for paragraph (1) above, cease to be a member of a group of which an existing body is a member; and

(b) assets have been acquired by that company from that body or from any other member of that group.

(2) On the company ceasing to be a member of a group of which the transferee is a member, section [F29 178 or 179 of the 1992 Act] (company ceasing to be a member of a group) shall apply as if any assets acquired at any time as mentioned in sub-paragraph (1) above had been acquired by the company from the transferee at that time.

(3) In this paragraph “group” has the meaning given by section [F29 170 of the 1992 Act]; and in construing this paragraph the provisions of section 511(2) of the 1988 Act and the corresponding earlier enactments shall be disregarded.

Textual Amendments

F29 Words in Sch. 11 para. 2 substituted (6.3.1992 with effect for the year 1992-93 and subsequent years of assessment) by Taxation and Chargeable Gains Act 1992 (c. 12), ss. 289, 290, Sch. 10 para. 20(1)

[F30 2A E+W+S In this Schedule “the 1992 Act” means the Taxation of Chargeable Gains Act 1992.]

Textual Amendments

F30 Sch. 11 para. 2A added (6.3.1992 with effect for 1992-93 and subsequent years of assessment) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289, 290, Sch. 10 para. 20(1)

Roll-over relief E+W+S

3 (1) Where— E+W+S

(a) a held over gain would, but for the provisions of section [F31 154 of the 1992 Act], have beencarried forward to a depreciating asset; and

(b) that asset is transferred by this Act to a successor company,

that section shall have effect as if the gain had accrued to, and the claim for it to be held oveer had been made by, that company.

(2) In this paragraph the expressions which are used in the said section [F31 154] have the same meanings as in that section.

Textual Amendments

F31 Words in Sch. 11 para. 3 substituted (6.3.1992 with effect for the year 1992-93 and subsequent years of assessment) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289, 290, Sch. 10 para. 20(2)

Unallowed capital losses E+W+S

4 (1) Any unallowed capital losses of an existing body shall be treated as allowable capital losses accruing to the appropriate successor company on the diposal of an asset on the transfer date. E+W+S

(2) Immediately before the transfer date the unallowed capital losses of the Electricity Council shall be divided between the existing bodies in England and Wales; and there shall be allocated to each such body such proportion (if any) of those losses as is given by the formula—

where—

• A is the amount which, but for section 511(2) of the 1988 Act and the corresponding earlier enactments, would have been the amount of the unallowed capital losses of that body;

• B is the aggregate of the amounts which, but for that section and those enactments, would have been the amounts of the unallowed capital losses of those bodies.

(3) In this paragraph—

“allowable capital losses” means losses which are allowable for the purposes of the [F32 1992 Act];

“unallowed capital losses”, in relation to any body, means any allowable capital losses which have been accrued to that body before the transfer date, in so far as they have not been allowed as deductions from chargeable gains.

Textual Amendments

F32 Words in Sch. 11 para. 4 substituted (6.3.1992 with effect for the year 1992-93 and subsequent years of assessment) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289, 290, Sch. 10 para. 20(3).

Transaction in pursuance of section 68(2)(c) E+W+S

5 (1) Sub-paragraph (2) below applies to any disposal (within the meaning of the [F33 1992 Act]) which is effected, and sub-paragraphs (3) and (4) below apply to any lease which is granted, in pursuance of a provision included in a transfer scheme by virtue of section 68(2) of this Act.

(2) A disposal to which this sub-paragraph applies shall be taken for the purposes of the [F33 1992 Act] to be effected for a consideration of such amount as would secure that on the disposal neither a gain nor a loss would accrue to the disponer.

(3) [F34 Neither subsection (6)(a) of section 11 of the Capital Allowances Act 1990 (“the 1990 Act”) nor]subsection (6)(a) of section 37 of the M40 Finance Act 1978 (capital allowances: long leases) shall . . . F35 prevent the application of [F36 section 11 or section 37]in any case where the lease is a lease to which this sub-paragraph applies.

(4) Where, in the case of any machinery or plant which is a fixture and on the provision of which for the purposes of the transferor’s trade the transferor incurred capital expenditure, a lease of the relevant land (with or without other land) is a lease to which this sub-pargaraph applies—

(a) the lessor shall not be required to bring the disposal value of the machinery or plant into account in accordance with section 44 of the M41 Finance Act 1971 [F37 or section 24 of the 1990 Act](writing down allowances and balancing adjustments); and

(b) so far as relating to the bringing of disposal values into account, [F38 section 44 of the Finance Act 1971, section 24 of the 1990 Act, Schedule 17 to the Finance Act 1985 and Chapter VI of Part II of the 1990 Act](capital allowances for fixtures) shall have effect as if—

(i) the capital expenditure incurred by the transferor had been incurred by the lessee on the provision of the machinery or plant wholly and exclusively for the purposes of the lessee’s trade; and

(ii) the machinery or plant had become a fixture, immediately after the grant of the lease.

(5) In sub-paragraph (4) above “the transferor” means the transferor under the transfer scheme in question and expressions which are used in Schedule 17 to the Finance Act 1985 [F39 or Chapter VI of Part II of the 1990 Act]have the same meaning as in that Schedule [F39 or Chapter]; and in construing that sub-paragraph the provisions of section 511(2) of the 1988 Act and the corresponding earlier enactments shall be disregarded.

Textual Amendments

F33 Words in Sch. 11 para. 5 substituted (6.3.1992 with effect for the year 1992-93 and subsequent years of assessment) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289, 290, Sch. 10 para. 20(3)

F34 Words inserted by Capital Allowances Act 1990 (c. 1, SIF 63:1), s. 164(3), Sch. 1 para. 11(a)

F35 Word repealed by Capital Allowances Act 1990 (c. 1, SIF 63:1), s. 164(4)(5), Sch. 2

F36 Words substituted by Capital Allowances Act 1990 (c. 1, SIF 63:1), s. 164(3), Sch. 1 para. 11(a)

F37 Words inserted by Capital Allowances Act 1990 (c. 1, SIF 63:1), s. 164(3), Sch. 1 para. 11(b)

F38 Words substituted by Capital Allowances Act 1990 (c. 1, SIF 63:1), s. 164(3), Sch. 1 para. 11(c)

F39 Words inserted by Capital Allowances Act 1990 (c. 1, SIF 63:1), s. 164(3), Sch. 1 para. 11(d)

Marginal Citations

M40 1978 c. 42.

M41 1971 c. 68.

Transfers in pursuance of Schedule 10 E+W+S

6 E+W+S Where any property, rights and liabilities to which a transfer effected by this Act relates are, in pursuance of Schedule 10 to this Act, transferred by the transferee to another successor company—

(a) the foregoing provisiions of this Schedule shall have effect as if the transfer effected by this Act had been a transfer to the other successor company; and

(b) anything which, in relation to the property, rights and liabilities transferred, was done by the transferee for the purposes of the transferee’s trade shall be deemed to have been done by the other successor company for the purposes of that company’s trade.

Apportionments etc. E+W+S

7 (1) This paragraph applies where any apportionment or other matter arising under the foregoing provisions of this Schedule appears to be material as respects the liability to tax (for whatever period) or two or more successor companies. E+W+S

(2) Any question which arises as to the manner in which the apportionment is to be made or the matter to be dealt with shall be determined, for the purposes of tax of all the companies—

(a) in a case where the same body of General Commissioners have juridiction with respect to all those companies, by those Commissioners, unless all the companies agree that it shall be determined by the Special Commissioners;

(b) in a case where different bodies of Commissioners have jurisdiction with respect to those companies, by such of those bodies as the Board may direct, unless all the companies agree that it shall be determined by the Special Commissioners; and

(c) in any other case, by the Special Commissioners.

(3) The Commissioners by whom the question falls to be determined shall make the determination in like manner as if it were an appeal except that all the companies shall be entitled to appear and be heard by the Commissioners or to make representations to them in writing.

Securities of successor companies E+W+S

8 (1) Any share issued by a successor company in pursuance of section 71 or 80 of this Act shall be treated for the purposes of the Corporation Tax Acts as if it had been issued wholly in consideration of a subscription paid to that company of an amount equal to the nominal value of the share. E+W+S

(2) Any debenture issued by a successor company in pursuance of section 71 or 80 of this Act shall be treated for the purposes of the Corporation Tax Acts as if it had been issued—

(a) wholly in consideration of a loan made to that company of an amount equal to the principal sum payable under the debenture; and

(b) wholly and exclusively for the purposes of the trade carried on by that company.

[F40 and if any such debenture includes provision for the payment of a sum expressed as interest in respect of a period which falls wholly or partly before the issue of the debenture, any payment made in pursuance of that provision in respect of that period shall be treated for the purposes of the Corporation Tax Acts as if the debenture had been issued at the commencement of that period and, accordingly, as interest on the principal sum payable under the debenture.]

Textual Amendments

F40 Words in Sch. 11 para. 8(2) added(retrospectively) by Finance Act 1991 (c. 31, SIF 63:1), s.80.

Extinguishment of liabilities: restriction of tax losses E+W+S

9 (1) Section 400(1) of the 1988 Act (write-off of government investment: restriction of tax losses) shall not have effect by virtue of section 80(1) of this Act; but in the case of any such extinguishment (whether or not it is a case as regards which the said section 400(1) would, but for the foregoing provisions of this sub-paragraph, have effect) the Secretary of State may, with the consent of the Treasury, from time to time, direct that such amount (“amount” including nil) as is specified in the direction shall be set off against the sucessor company’s tax losses as at the end of the accounting period ending last before the date of the direction. E+W+S

(2) In any direction under sub-paragraph (1) above it may further be provided that the balance of tax losses remaining after the set off shall be aggregated with the balance of another successor company’s (or other successor companies’) tax losses remaining after a direction underr that sub-paragraph in respect of that other company (or directions in respect of those other companies) and the losses so aggregated apportioned between the companies in such manner as may be specified in the direction which makes such further provision.

(3) No direction shall be given under sub-paragraph (1) above in relation to a successor company as a time when the company has ceased to be wholly owned by the Crown.

(4) For the purpose of sub-paragraphs (1) and (2) above, a successor company’s tax losses at the end of the accounting period mentioned in the said sub-paragraph (1) are those referred to in paragraphs (a) to (e) of subsection (2) of the said section 400; and subsections (3) and (4) of that section shall have effect in relation to any set off under sub-paragraph (1) above as if—

(a) any reference to subsection (1) of that section were a reference to sub-paragraph (1) above; and

(b) the reference in subsection (4) of that section to the write-off date were a reference to the date of the direction under sub-paragraph (1) above.

(5) Subsection (6) of the said section 400 shall apply in relation to any such extinguishment as is mentioned in sub-pargaraph (1) above as if the reference to the body in question were a reference to the company whose liabilities are so extinguished.

(6) The trade carried on by a company whose liabilities are extinguished by virtue of section 80(1) of this Act shall, if the company’s tax losses are aggregated and apportioned by virtue of sub-pargaraph (2) above, be treated for the purposes of giving any relief under the Corporation Tax Acts in respect of the losses so apportioned as being, and having at all times been, the trade carried on by the successor companies to which the losses are apportioned.

(7) In this paragraph “accounting period” has the same meaning as in the 1988 Act.

Income tax exemption for certain interests E+W+S

10 E+W+S The vesting in a successor company by this Act of a liability for any loan made to an existing body shall note ffect any direction in respect of the loan given or having effect as if given by the Treasury under section 581 of the 1988 Act (income tax exemption for interest on foreign securities).

Stamp Duty E+W+S

Prospective

11 (1) No transfer effected by this Act shall give rise to any liability to stamp duty. U.K.

(2) Stamp duty shall not be chargeable on a transfer scheme or, subject to sub-paragraph (3) below, on any instrument which is certified to the Board by the Secretary of State as having been made in pursuance of such a scheme.

(3) No instrument which is certified as mentioned in sub-paragraph (2) above shall be taken as duly stamped unless—

(a) it is stamped with the duty to which it would but for that sub-paragraph be liable; or

(b) it has, in accordance with section 12 of the M42 Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with that duty or that it is duly stamped.

(4) Stamp duty shall not be chargeable on any instrument which is made in pursuance of Schedule 10 to this Act.

(5) Stamp duty shall not be chargeable on any instrument by which the Secretary of State, or any nominee of the Treasury or the Secretary of State, transfers securities of a company to another company if—

(a) either or both of the companies are successor companies; and

(b) each of the companies is, at the time when the instrument is made,

wholly owned by the Crown.

Marginal Citations

M42 1891 c. 39.

Stamp duty reserve tax E+W+S

12 (1) No agreement made for the purposes of or for purposes connected with a transfer scheme shall give rise to a charge to stamp duty reserve tax. E+W+S

(2) No agreement which is made in pursuance of Schedule 10 to this Act shall give rise to a charge to stamp duty reserve tax.

(3) No agreement by which the Treasury or the Secretary of State, or any nominee of the Treasury or Secretary of State, agrees to transfer securities of a company to another company shall give rise to a charge to stamp duty reserve tax if—

(a) either or both of the companies are successor companies; and

(b) each of the companies is, at the time when the agreement is made,

wholly owned by the Crown.

Interpretation etc. E+W+S

13 (1) In this Schedule— E+W+S

• “the 1988 Act” means the M43 Income and Corporation Tax Act 1988;

• “the Board” means the Commissioners of Inland Revenue;

• “existing body in England and Wales” means an Area Board, the Generating Board or the Electricity Council;

• “existing body in Scotland” means a Scottish board.

(2) For the purposes of this Schedule a transfer, instrument or agreement shall be regarded as made in pursuance of Schedule 10 to this Act if the making of that transfer, instrument or agreement is required or authorised by or under paragraph 2 or 4 of that Schedule.

Marginal Citations

M43 1988 c. 1.

Section 97.

SCHEDULE 12 E+W+S Nuclear Liabilities: Financial Assistance

Grants by Secretary of State E+W+S

1 (1) Subject to paragraph 4 below, the Secretary of State may, with the approval of the Treasury, make grants of such amounts as he thinks fit towards qualifying expenditure, that is to say, expenditure incurred or to be incurred by any person in connection with— E+W+S

(a) the storage or reprocessing of nuclear fuel;

(b) the treatment, storage or disposal of radioactive waste; or

(c) the decommissioning of any installation the operation of which requires a licence under section 1 of the M44 Nuclear Installations Act 1965.

(2) Subject to paragraph 4 below, the Secretary of State may, with the approval of the Treasury, enter into an agreement with any person under which the Secretary of State undertakes that, if such conditions as may be specified in the agreement are satisfied, he will exercise the power conferred by this paragraph in such manner and to such extent as may be specified in the agreement.

(3) A grant under this paragraph may be made at such times, in such manner and subject to such conditions as the Secretary of State with the approval of the Treasury may determine.

(4) Any sums required by the Secretary of State for making grants under this paragraph shall be paid out of money provided by Parliament.

Marginal Citations

M44 1965 c. 57.

Loans by Secretary of State E+W+S

2 (1) Subject to paragraph 4 below, the Secretary of State may, with the approval of the Treasury, make loans of such amounts as he thinks fit towards qualifying expenditure. E+W+S

(2) A loan under this paragraph—

(a) may be made at such times, in such manner and subject to such conditions as the Secretary of State may with the approval of the Treasury determine; and

(b) shall be repaid to him at such times and by such methods, and interest thereon shall be paid to him at such rates and at such times, as he may, with the approval of the Treasury, from time to time direct.

(3) Any sums required by the Secretary of State for making loans under this paragraph shall be paid out of money provided by Parliament.

(4) Any sums received under sub-paragraph (2) above by the Secretary of State shall be paid into the Consolidated Fund.

(5) It shall be the duty of the Secretary of State—

(a) to prepare in respect of each financial year, in such form as the Treasury may direct, an account of sums issued to him for loans under this paragraph or received by him under this paragraph, and of the disposal by him of those sums; and

(b) to send the account to the Comptroller and Auditor General not later than the end of November in the following financial year;

and the Comptroller and Auditor General shall examine, certify and report on the account and shall lay copies of it and of his report before each House of Parliament.

Guarantees by Secretary of State E+W+S

3 (1) Subject to paragraph 4 below, the Secretary of State with the approval of the Treasury may guarantee, in such manner and on such terms as he may think fit, the repayment of the principal of, the payment of interest on, and the discharge of any other financial obligation in connection with, any sums which are borrowed from a person other than the Secretary of State for the purpose of meeting qualifying expenditure. E+W+S

(2) Immediately after a guarantee is given under this paragraph, the Secretary of State shall lay a statement of the guarantee before each House of Parliament; and immediately after any sum is paid for fulfilling a guarantee so given, the Secretary of State shall so lay a statement relating to that sum.

(3) Any sums required by the Secretary of State for fulfilling a guarantee under this paragraph shall be paid out of money provided by Parliament.

(4) If any sums are paid out in fulfilment of a guarantee given under this paragraph the person whose obligations are so fulfilled shall make to the Secretary of State, at such times and in such manner as the Secretary of State may from time to time direct—

(a) payments of such amounts as the Secretary of State may so direct in or towards repayment of the sums so paid out; and

(b) payments of interest on what is outstanding for the time being in respect of sums so paid out at such rate as the Secretary of State may so direct;

and the approval of the Treasury shall be required for the giving of a direction under this sub-paragraph.

(5) Any sums received under sub-paragraph (4) above by the Secretary of State shall be paid into the Consolidated Fund.

Financial limits E+W+S

4 (1) The aggregate of the following, namely— E+W+S

(a) grants made or agreed to be made by the Secretary of State under paragraph 1 above;

(b) any amounts outstanding by way of principal in respect of—

(i) loans made by the Secretary of State under paragraph 2 above; or

(ii) sums paid by the Secretary of State in fulfilment of guarantees under paragraph 3 above,

shall not exceed £1,000 million or such greater sum, not exceeding £2,500 million, as the Secretary of State may by order specify.

(2) No order shall be made under this paragraph unless a draft of the order has been approved by a resolution of the House of Commons.

Interpretation E+W+S

5 E+W+S In this Schedule “qualifying expenditure” has the meaning given by paragraph 1(1) above.

Section 102.

SCHEDULE 13 E+W+S Production and Supply of Heat or Electricity etc. by Scottish Local Authorities

In the M45 Local Government (Scotland) Act 1973, the following provisions shall be inserted after section 170—

“ Heating and electricity E+W+S

170A Production and supply of heat and electricity etc. by local authorities.

(1) Subject to subsections (2) and (3) of this section, a local authority may—

(a) produce heat or electricity or both;

(b) establish and operate such generating stations and other installations as the authority think fit for the purpose of producing heat or electricity or both;

(c) buy or otherwise acquire heat;

(d) use, sell or otherwise dispose of heat produced or acquired, or electricity produced, by the authority by virtue of this section;

(e) without prejudice to the generality of the preceding paragraph, enter into and carry out agreements for the supply by the authority, to premises within or outside the authority’s area, of such heat as is mentioned in the preceding paragraphs and steam produced from and air and water heated by such heat.

(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) A local authority may—

(a) construct, lay and maintain pipes and associated works for the purpose of conveying heat produced or acquired by the authority by virtue of this section and steam produced from and air and water heated by such heat;

(b) contribute towards the cost incurred by another person in providing or maintaining pipes or associated works which are connected with pipes provided by the authority in pursuance of the preceding paragraph.

(5) Parts I and II of Schedule 3 to the Water (Scotland) Act 1980 (which relate to the breaking open of roads and the laying of communication and supply pipes etc.) shall apply in relation to pipes and associated works provided or to be provided in pursuance of paragraph (a) of the preceding subsection as those Parts apply in relation to water mains and pipes but as if—

(a) in paragraph 1 of that Schedule the words “which they are authorised to lay” were omitted;

(b) for the reference to the special Act in paragraph 2(3) of that Schedule there were substituted a reference to this subsection;

(c) for any reference to a water authority or a water development board there were substituted a reference to the local authority in question, whether acting alone or jointly with some other person; and

(d) for any reference to the limits of supply or area of a water authority or a water development board there were substituted a reference to the area of the local authority.

(6) It shall be the duty of a local authority by whom an installation for producing heat is operated in pursuance of this section in any financial year to furnish to the Secretary of State, as soon as practicable after the end of that year, such particulars relating to the installation and heat produced at the installation as are prescribed.

(7) In this section “associated works”, in relation to pipes, means any of the following connected with the pipes, namely, any valve, filter, stopcock, pump, meter, inspection chamber and manhole and such other works as are prescribed.

(8) Nothing in this section (except the restrictions imposed by subsection (3)) shall be construed as prejudicing any power exercisable by a local authority apart from this section.

(9) Regulations under subsection (3) of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

170B Provisions supplementary to s.170A.

(1) A local authority who supply or propose to supply heat, hot air, hot water or steam in pursuance of the preceding section may make byelaws—

(a) with respect to the works and apparatus to be provided or used by persons other than the authority in connection with the supply;

(b) for preventing waste and unauthorised use of the supply and unauthorised interference with works and apparatus used by the authority or any other person in connection with the supply;

(c) providing for any specified contravention of the byelaws to be an offence punishable on summary conviction with a fine of such an amount, not exceeding level 3 on the standard scale, as is specified in the byelaws.

(2) Subsections (1) to (7) of section 38 of the Water (Scotland) Act 1980 (which relates to the entry of premises by authorised officers of water authorities or water development boards) shall have effect for the purpose of authorising the entry of premises by authorised officers of a local authority who provide or propose to provide such a supply as is mentioned in the preceding subsection as if for any reference to water authorities or water development boards there were substituted a reference to the local authority and as if in subsection (1) of that section—

(a) for paragraph (a) there were substituted the following paragraph—

“(a) for the purpose of installing, examining, adjusting, removing or reading any meter used or to be used by the local authority for measuring the heat, hot air, hot water or steam supplied or to be supplied by that authority;”

(b) for the words from “this Act” onwards in paragraph (b) there were substituted the words “byelaws in force by virtue of section 170B of the Local Government (Scotland) Act 1973”; and

(c) for the words “this Act” in paragraphs (c) and (d) there were substituted the words “section 170A of that Act”.

(3) Regulations may repeal or alter subsection (1) of this section or any provision of byelaws in force by virtue of that subsection and may make any modification of the preceding subsection which the Secretary of State considers is appropriate in consequence of the repeal or alteration.

(4) An instrument containing regulations under subsection (3) of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) Section 80 of the Health and Safety at Work etc. Act 1974 (which among other things provides that regulations under subsection (1) of that section may repeal or modify any provision to which that subsection applies if it appears to the authority making the regulations that it is expedient to do so in consequence of any provision made by or under Part I of that Act) shall have effect as if the provisions to which subsection (1) of that section applies included subsection (1) of this section and byelaws in force by virtue of subsection (1) of this section.

(6) The accounts of a local authority by whom expenditure is incurred under any of the provisions of the preceding section and this section shall include a separate account of that expenditure and of any income connected with functions conferred on the authority by those provisions.”

Marginal Citations

M45 1973 c. 65.

Section 104.

SCHEDULE 14 E+W+S The Electricity Supply Pension Scheme

Power to amend scheme E+W+S

1 (1) The Secretary of State may make regulations amending the Electricity Supply Pension Scheme (in this Schedule referred to as “the scheme”) for any of the following purposes, namely— E+W+S

(a) for enabling the following persons to participate in or acquire pension rights under the scheme on such terms and conditions as may be prescribed, namely—

(i) members and former members of existing bodies;

(ii) officers and former officers of the Electricity Consumers’ Council; and

(iii) persons (other than successor companies) whose participation in the scheme will not prejudice its approval for the purposes of the relevant enactments, and employees of such persons;

(b) for requiring any persons (including persons not participating in the scheme) to make payments to the trustees of the scheme in such circumstances as may be prescribed;

(c) for requiring or enabling any functions exercisable under the scheme by existing bodies to be exercisable by such persons, and in such circumstances, as may be prescribed;

(d) for enabling the scheme to be wound up (in whole or in part) in such circumstances as may be prescribed; and

(e) for securing that the scheme continues to be approved for the purposes of the relevant enactments, notwithstanding the transfers made by this Act and the repeal by this Act of section 54 of the M46 Electricity Act 1947.

(2) Regulations under this paragraph may make such supplemental, consequential and transitional provision as the Secretary of State considers appropriate.

(3) Regulations under this paragraph may be made so as to have effect from a date prior to their making, so however that so much of any regulations as provides that any provision of regulations shall have effect from a date prior to their making shall not place any person other than existing bodies or Scottish Boards, or their successor companies, in a worse position than he would have been in if the regulations had been made to have effect only from the date of their making.

(4) Regulations under this paragraph shall not be made at any time after any supply or generating company has ceased to be wholly owned by the Crown.

Marginal Citations

M46 1947 c. 54.

Protection for certain persons E+W+S

2 (1) The Secretary of State may make regulations for the purpose of securing that— E+W+S

(a) no person to whom paragraph 3(1) or (2) below applies is placed in any worse position by reason of—

(i) any winding up, in whole or in part, of a relevant scheme, that is to say, the scheme or any other scheme which is provided or amended in pursuance of the regulations; or

(ii) any amendment of a relevant scheme which results in benefits under that scheme being reduced, or contributions by employees being increased, and is made otherwise than in such circumstances as may be prescribed;

(b) no person to whom paragraph 3(1) below applies is prevented from continuing to participate in or acquire pension rights under the scheme by reason of any change of employer—

(i) which does not affect his continuity of employment and is made otherwise than in such circumstances as may be prescribed; and

(ii) in the case of which his new employer either is a participant in the scheme or is wholly owned by one or more companies which or each of which is such a participant; and

(c) no person to whom paragraph 3(1) below applies is placed in any worse position by reason of any change of employer which does not affect his continuity of employment but prevents him from continuing to participate in or acquire pension rights under a relevant scheme;

and the references in paragraphs (a) and (c) above to any worse position shall be construed, in relation to a person to whom paragraph 3(1) below applies who, after the transfer date, ceases to participate in or acquire pension rights under the scheme, as references to a position which is any worse than his position immediately before he so ceases.

(2) Regulations under this paragraph may impose duties (whether as to the amendment of the scheme, the provision or amendment of other schemes, the purchase of annuities, the making of payments or otherwise) on persons who are or have been employers of persons to whom paragraph 3(1) or (2) below applies; and duties so imposed on any person may include duties owed to persons of whom he is not and has not been an employer.

(3) Regulations under this paragraph may also provide for any dispute arising under them to be referred to arbitration.

(4) Sub-paragraphs (2) and (4) of paragraph 1 above shall apply for the purposes of this paragraph as they apply for the purposes of that paragraph.

3 (1) Subject to sub-paragraph (3) below, this sub-paragraph applies to— E+W+S

(a) any existing employee who, immediately before the transfer date, is a participant in the scheme;

(b) any existing employee who, after that date, participates in the scheme within three months of his attaining the minimum age for such participation;

(c) any former participant who, after that date, participates in or acquires pension rights under the scheme in such circumstances as may be prescribed by regulations under paragraph 2 above; and

(d) any person who participates in the scheme in pursuance of regulations made under paragraph 1(1)(a)(i) or (ii) above.

(2) Subject to sub-paragraph (3) below, this sub-paragraph applies to—

(a) any person not falling within sub-paragraph (1)(c) above who, immediately before the transfer date, is not a participant in the scheme but has pension rights under the scheme; and

(b) any person who, after that date, acquires pension rights under a relevant scheme by reason of the death of a person falling within sub-paragraph (1) or paragraph (a) above,

but only as respects the pension rights by virtue of which he falls within paragraph (a) or (b) above.

(3) Any person to whom sub-paragraph (1) or (2) above applies may elect in such manner as may be prescribed by regulations under paragraph 2 above that that sub-paragraph shall cease to apply to him; and if any person to whom sub-paragraph (1) above applies—

(a) ceases to be in continuous employment; or

(b) voluntarily withdraws from a relevant scheme,

otherwise than in such circumstances as may be so prescribed, that sub-paragraph shall cease to apply to him except as respects pension rights which have accrued to him before that time.

4 (1) So much of Schedule 13 to the M47 Employment Protection (Consolidation) Act 1978 as has effect for the purpose of ascertaining whether any employment is continuous shall apply for the purposes of paragraphs 2 and 3 as if—

(a) those paragraphs were contained in that Act; and

(b) in that Schedule “associated employer”, in relation to a company participating in a relevant scheme, included any other company participating in such a scheme and any other company of which a company so participating has control, or two or more companies so participating together have control;

but regulations under paragraph 2 above may provide that no account shall be taken for those purposes of any person ceasing to be in continuous employment for such periods and in such circumstances as may be prescribed by the regulations.

(2) For the purposes of sub-paragraph (1) above, a company has control, or two or more companies together have control, of another company (“the other company”) if—

(a) that company, or each of those companies, is a member of the other company and that company controls, or those companies together control, the composition of the other company’s board of directors;

(b) that company holds, or those companies together hold, more than half in nominal value of the other company’s equity share capital;

(c) a company of which the company has control, or those companies together have control, has control of the other company; or

(d) two or more companies of which that company has control, or those companies together have control, together have control of the other company;

and subsections (2) to (4) of section 736 of the M48 Companies Act 1985 (as originally enacted) shall, with any necessary modifications, apply for the purposes of this sub-paragraph as they apply for purposes of subsection (1) of that section.

Marginal Citations

M47 1978 c. 44.

M48 1985 c. 6.

Interpretation E+W+S

5 (1) In this Schedule— E+W+S

• “Consultative Council” means a Consultative Council established under section 7 of the M49 Electricity Act 1947 for the area of an Area Board;

• “employer”, in relation to a person employed by a company which is a wholly-owned subsidiary of another company, includes that other company;

• “existing body” means any of the following, namely, the Area Boards, the Generating Board and the Electricity Council;

• “existing employee” means any person who, immediately before the transfer date, is employed by an existing body or a Consultative Council, or falls to be treated as employed by an existing body by virtue of regulations made under section 54(4) of the M50 Electricity Act 1947 (service as a member to count as service as an employee);

• “former participant” means any person who, immediately before the transfer date, is not a participant in the scheme but has pension rights under the scheme by virtue of his having been such a participant;

• “pension”, in relation to any person, means a pension of any kind payable to or in respect of him, and includes a lump sum, allowance or gratuity so payable and a return of contributions, with or without interest or any other addition;

• “pension rights”, in relation to any person, includes—

  (a)

  all forms of right to or eligibility for the present or future payment of a pension to or in respect of him; and

  (b)

  any expectation of the accruer of a pension to or in respect of him;

  and includes a right of allocation in respect of the present or future payment of a pension;

• “the relevant enactments” means Chapter I of Part XIV of the M51 Income and Corporation M52 Taxes Act 1988 (retirement benefit schemes) and Part III of the [F41 Pension Schemes Act 1993 (so far as relating to occupational pension schemes within the meaning of that Act)];

• “relevant scheme” has the meaning given by paragraph 2(1) above;

• “the scheme” has the meaning given by paragraph 1(1) above;

• “wholly-owned subsidiary” has the same meaning as in the Companies Act 1985.

(2) For the purposes of this Schedule, a company is wholly owned by one or more other companies if it has no members except—

(a) that other or those others and its or their nominees; and

(b) wholly-owned subsidiaries of that other or those others and their nominees.

(3) Subject to sub-paragraph (1) above, expressions used in this Schedule which are also used in Part I or II of this Act have the same meanings as in that Part.

Textual Amendments

F41 Words in Sch. 14 para. 5(1) substituted (7.2.1994) by 1993 c. 48, ss. 190, Sch. 8 para.23 (with ss. 6(8), 164); S.I. 1994/86, art. 2

Marginal Citations

M49 1947 c. 54.

M50 1947 c. 54.

M51 1988 c. 1.

M52 1975 c. 60.

Section 105.

SCHEDULE 15 E+W+S The Scottish Pension Schemes

Power to amend schemes E+W+S

1 (1) The Secretary of State may make regulations amending the Hydroboard Superannuation Fund (in this Schedule referred to as “the North Scheme”) and the South of Scotland Electricity Board’s Superannuation Scheme (in this Schedule referred to as “the South Scheme”) for any of the following purposes, namely— E+W+S

(a) for enabling members, former members and existing employees of the Scottish Boards to participate in or acquire pension rights under the North Scheme or the South Scheme on such terms and conditions as may be prescribed;

(b) for requiring any persons to make payments to the trustees of the schemes in such circumstances as may be prescribed;

(c) for enabling either scheme, or both schemes, to be wound up (in whole or in part) in such circumstances as may be prescribed; and

(d) for securing that the schemes continue to be approved for the purposes of the relevant enactments notwithstanding the transfers made by this Act and the repeal by this Act of section 37 of the M53 Electricity (Scotland) Act 1979.

(2) Without prejudice to the generality of paragraph (c) of sub-paragraph (1) above, regulations made for the purposes of that paragraph may require persons not participating in—

(a) the North Scheme to make payments to the trustees of the North Scheme;

(b) the South Scheme to make payments to the trustees of the South Scheme.

(3) Regulations under this paragraph may make such supplemental, consequential and transitional provision as the Secretary of State considers appropriate.

(4) Regulations under this paragraph may be made so as to have effect from a date prior to their making, so however that so much of any regulations as provides that any provision of regulations shall have effect from a date prior to their making shall not place any person other than the Boards or existing bodies (within the meaning of Schedule 14 to this Act), or their successor companies, in a worse position than he would have been in if the regulations had been made to have effect only from the date of their making.

(5) Regulations under this paragraph shall not be made at any time after any Scottish electricity company has ceased to be wholly owned by the Crown.

Marginal Citations

M53 1979 c. 11.

Protection for certain persons E+W+S

2 (1) The Secretary of State may make regulations for the purpose of securing that (regardless of which scheme an existing employee of the Scottish Boards is a participant in immediately before the transfer date)— E+W+S

(a) no person to whom paragraph 3(1) or (2) below applies is placed in any worse position by reason of—

(i) any winding up, in whole or in part, of a relevant scheme, that is to say, the North Scheme or the South Scheme or any other scheme which is provided or amended in pursuance of the regulations; or

(ii) any amendment of a relevant scheme which results in benefits under that scheme being reduced, or contributions by employees being increased, and is made otherwise than in such circumstances as may be prescribed; and

(b) no person to whom paragraph 3(1) below applies is prevented from continuing to participate in or acquire pension rights under the North Scheme or the South Scheme by reason of any change of employer—

(i) which does not affect his continuity of employment and is made otherwise than in such circumstances as may be prescribed; and

(ii) in the case of which his new employer either is a participant in that scheme or is wholly owned by one or more companies which or each of which is such a participant; and

(c) no person to whom paragraph 3(1) below applies is placed in any worse position by reason of any change of employer which does not affect his continuity of employment but prevents him from continuing to participate in or acquire pension rights under a relevant scheme;

and the references in paragraphs (a) and (c) above to any worse position shall be construed, in relation to a person to whom paragraph 3(1) below applies who, after the transfer date, ceases to participate in or acquire pension rights under the North Scheme or the South Scheme, as references to a position which is any worse than his position, immediately before he so ceases, under whichever of the schemes he is then participating in or last acquired pension rights under.

(2) Regulations under this paragraph may impose duties (whether as to the amendment of either scheme, the provision or amendment of other schemes, the purchase of annuities, the making of payments or otherwise) on persons who are or have been employers of persons to whom paragraph 3(1) or (2) below applies; and duties so imposed on any person may include duties owed to persons of whom he is not and has not been an employer.

(3) Regulations made under this paragraph may also provide for any dispute arising under them to be referred to arbitration.

(4) Sub-paragraphs (3) and (5) of paragraph 1 above shall apply for the purposes of this paragraph as they apply for the purposes of that paragraph.

3 (1) Subject to sub-paragraph (3) below, this sub-paragraph applies to— E+W+S

(a) any—

(i) existing employee of the Scottish Boards; or

(ii) existing employee of a Consultative Council,

who, immediately before the transfer date, is a participant in the North Scheme or the South Scheme;

(b) any existing employee of the Scottish Boards who, after that date, participates in either scheme within three months of his attaining the minimum age for such participation;

(c) any former participant in either scheme who, after that date, participates in or acquires pension rights under either scheme in such circumstances as may be prescribed by regulations under paragraph 2 above; and

(d) any person who participates in either scheme in pursuance of regulations made under paragraph 1(1)(a) above.

(2) Subject to sub-paragraph (3) below, this sub-paragraph applies to—

(a) any person not falling within sub-paragraph (1)(c) above who, immediately before the transfer date, is not a participant in the North Scheme or the South Scheme but has pension rights under either scheme; and

(b) any person who, after that date, acquires pension rights under a relevant scheme by reason of the death of a person falling within sub-paragraph (1) or paragraph (a) above,

but only as respects the pension rights by virtue of which he falls within paragraph (a) or (b) above.

(3) Any person to whom sub-paragraph (1) or (2) above applies may elect in such manner as may be prescribed by regulations under paragraph 2 above that that sub-paragraph shall cease to apply to him; and if, otherwise than in such circumstances as may be so prescribed, any person to whom sub-paragraph (1) above applies—

(a) ceases to be in continuous employment; or

(b) voluntarily withdraws from a relevant scheme and does not forthwith—

(i) become a participant in another such scheme; and

(ii) transfer to that scheme the pension rights which have accrued to him before that time under the scheme from which he is withdrawing,

that sub-paragraph shall cease to apply to him except as respects pension rights which have so accrued.

4 (1) So much of Schedule 13 to the M54 Employment Protection (Consolidation) Act 1978 as has effect for the purpose of ascertaining whether any employment is continuous shall apply for the purposes of paragraphs 2 and 3 above as if—

(a) those paragraphs were contained in that Act; and

(b) in that Schedule “associated employer”, in relation to a company participating in a relevant scheme, included any other company participating in such a scheme and any other company of which a company so participating has control, or companies so participating together have control;

but regulations under paragraph 2 above may provide that no account shall be taken for the purposes of this paragraph of any person ceasing to be in continuous employment for such periods and in such circumstances as may be prescribed by the regulations.

(2) For the purposes of sub-paragraph (1) above, a company has control, or two or more companies together have control, of another company (“the other company”) if—

(a) that company, or each of those companies, is a member of the other company and that company controls, or those companies together control, the composition of the other company’s board of directors;

(b) that company holds, or those companies together hold, more than half in nominal value of the other company’s equity share capital;

(c) a company of which that company has control, or those companies together have control, has control of the other company; or

(d) two or more companies of which that company has control, or those companies together have control, together have control of the other company;

and subsections (2) to (4) of section 736 of the M55 Companies Act 1985 (as originally enacted) shall, with any necessary modifications, apply for the purposes of this sub-paragraph as they apply for purposes of subsection (1) of that section.

Marginal Citations

M54 1978 c. 44.

M55 1985 c. 6.

Interpretation E+W+S

5 (1) In this Schedule— E+W+S

• “Consultative Council” means a Consultative Council established under section 7A of the M56 Electricity Act 1947 for the district of a Scottish Board;

• “employer”, in relation to a person employed by a company which is a wholly-owned subsidiary of another company, includes that other company;

• “existing employee of a Consultative Council” means any person who, immediately before the transfer date, is employed by a Consultative Council;

• “existing employee of the Scottish Boards” means any person who, immediately before the transfer date, is employed by one or other of those Boards or falls to be treated as so employed by virtue of regulations made under section 54(4) of the M57 Electricity Act 1947 (service as a member to count as service as an employee);

• “former participant” means any person who, immediately before the transfer date, is not a participant in the North Scheme or the South Scheme but has pension rights under one or other (or both) of the schemes by virtue of his having been such a participant;

• “pension”, in relation to any person, means a pension of any kind payable to or in respect of him, and includes a lump sum, allowance or gratuity so payable and a return of contributions, with or without interest or any other addition;

• “pension rights”, in relation to any person, includes—

  (a)

  all forms of right to or eligibility for the present or future payment of a pension to or in respect of him; and

  (b)

  any expectation of the accruer of a pension to or in respect of him;

  and includes a right of allocation in respect of the present or future payment of a pension;

• “the relevant enactments” means Chapter I of Part XIV of the M58 Income and Corporation M59 Taxes Act 1988 (retirement benefit schemes) and Part III of the [F42 Pension Schemes Act 1993 (so far as relating to occupational pension schemes within the meaning of that Act)];

• “relevant scheme” has the meaning given by paragraph 2(1) above;

• “wholly-owned subsidiary” has the same meaning as in the M60 Companies Act 1985.

(2) For the purposes of this Schedule, a company is wholly owned by one or more other companies if it has no members except—

(a) that other or those others and its or their nominees; and

(b) wholly-owned subsidiaries of that other or those others and their nominees.

(3) Subject to sub-paragraph (1) above, expressions used in this Schedule which are also used in Part I or II of this Act have the same meanings as in that Part.

Textual Amendments

F42 Words in Sch. 15 para. 5(1) substituted (7.2.1994) by 1993 c. 48, s. 190, Sch. 8 para.23 (with ss. 6(8), 164); S.I. 1994/86, art. 2

Marginal Citations

M56 1947 c. 54.

M57 1947 c. 54.

M58 1988 c. 1.

M59 1975 c. 60.

M60 1985 c. 6.

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—

(i) section 16 of the M61 Public Health Act 1925;

(ii) the M62 Public Health Act 1936;

F43 (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv) Schedule 3 to the M63 Water Act 1945;

(v) section 4 of the M64 Requisitioned Land and War Works Act 1948;

[F44 F45 (vi) the M65 Water Act 1948;]

(vii) the National Parks and Access to the M66 Countryside Act 1949;

(viii) the M67 Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951;

(ix) the M68 Landlord and Tenant Act 1954;

(x) the M69 Opencast Coal Act 1958;

(xi) the M70 Flood Prevention (Scotland) Act 1961;

(xii) section 17(10) of the M71 Public Health Act 1961;

(xiii) the M72 Pipe-lines Act 1962;

(xiv) Schedule 3 to the M73 Harbours Act 1964;

(xv) Schedule 6 to the M74 Gas Act 1965;

(xvi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46

(xvii) section 40 of the M75 Forestry Act 1967;

(xviii) section 50 of the M76 Agriculture Act 1967;

(xix) section 38 of the M77 Countryside (Scotland) Act 1967;

(xx) paragraph 6 of Schedule 2 to the M78 Countryside Act 1968;

(xxi) section 22 of the M79 Sewerage (Scotland) Act 1968;

(xxii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47

(xxiii) sections 19, 108(2), 117, 121, 138, 154(3), 170 to 172, 175, 181, 202(3), 205, 211, 212, 214 to 230, 233(7), 242, 266(6)(b) and 275(2) of, and Schedule 8 and paragraphs 1 to 3 of Schedule 17 to, the M80 Town and Country Planning (Scotland) Act 1972;

(xxiv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47

(xxv) sections 51 . . . F47 of the M81 Land Compensation Act 1973;

(xxvi) sections 47 and 67 of the M82 Land Compensation (Scotland) Act 1973;

(xxvii) Part III of the M83 Control of Pollution Act 1974;

(xxviii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48

(xxix) the M84 Welsh Development Agency Act 1975;

(xxx) sections 15(3) and 26 of the M85 Local Government (Miscellaneous Provisions) Act 1976;

(xxxi) the M86 Development of Rural Wales Act 1976;

(xxxii) section 9(3) of the M87 Inner Urban Areas Act 1978;

(xxxiii) the M88 Ancient Monuments and Archaeological Areas Act 1979;

(xxxiv) Parts XII and XVI of the M89 Local Government, Planning and Land Act 1980;

(xxxv) section 53 of the M90 Civil Aviation Act 1982;

(xxxvi) section 30 of the M91 Local Government (Miscellaneous Provisions) Act 1982;

(xxxvii) section 120 of the M92 Civic Government (Scotland) Act 1982;

(xxxviii) section 2(2)(c) of the M93 Cycle Tracks Act 1984;

(xxxix) the M94 Building Act 1984;

(xl) section 283(2) of the M95 Housing Act 1985;

(xli) paragraph 11 of Schedule 8 to the M96 Housing (Scotland) Act 1987.

[F44 (xlii) section 9 of the Enterprise and New Towns (Scotland) Act 1990.]

(2) References in the M97 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 M98 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 M99 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.

[F45 (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 M100 Water Act 1981.]

(6) Paragraph 23 of Schedule 2 to the M101 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 M102 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 M103 Housing (Scotland) Act 1987.

Textual Amendments

F43 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

F44 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)

F45 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.

F46 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

F47 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

F48 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

Marginal Citations

M61 1925 c. 71.

M62 1936 c. 49.

M63 1945 c. 42.

M64 1948 c. 17.

M65 1948 c. 22.

M66 1949 c. 97.

M67 1951 c. 65.

M68 1954 c. 56.

M69 1958 c. 69.

M70 1961 c. 41.

M71 1961 c. 64.

M72 1962 c. 58.

M73 1964 c. 40.

M74 1965 c. 36.

M75 1967 c. 10.

M76 1967 c. 22.

M77 1967 c. 86.

M78 1968 c. 41.

M79 1968 c. 47.

M80 1972 c. 52.

M81 1973 c. 26.

M82 1973 c. 56.

M83 1974 c. 40.

M84 1975 c. 70.

M85 1976 c. 57.

M86 1976 c. 75.

M87 1978 c. 50.

M88 1979 c. 46.

M89 1980 c. 65.

M90 1982 c. 16.

M91 1982 c. 30.

M92 1982 c. 45.

M93 1984 c. 38.

M94 1984 c. 55.

M95 1985 c. 68.

M96 1987 c. 27.

M97 1927 c. 36.

M98 1939 c. 31.

M99 1980 c. 66.

M100 1981 c. 12.

M101 1984 c. 12.

M102 1984 c. 55.

M103 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 M104 Countryside (Scotland) Act 1967 and section 11 of the M105 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 M106 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

(b) the M107 New Towns (Scotland) Act 1968;

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F49

(d) sections 118, 119 and 195(6)(b) of the M108 Town and Country Planning (Scotland) Act 1972;

(e) section 120 of the M109 Local Government, Planning and Land Act 1980;

(f) the M110 New Towns Act 1981;

(g) the M111 Acquisition of Land Act 1981; and

(h) sections 47, 48, 49 and 51 of, and Schedule 9 to, the M112 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 M113 Public Health Act 1925;

(b) section 17(1)(b) of the M114 Requisitioned Land and War Works Act 1945;

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F49

(d) the M115 Highways Act 1980; and

(e) sections 296 and 611 of the M116 Housing Act 1985.

(5) References in the following enactments, namely—

(a) section 6 of the M117 Local Government (Miscellaneous Provisions) Act 1953;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F49

(c) sections 176 and 185 of the M118 Highways Act 1980; and

(d) paragraph 3 of Schedule 5 to the M119 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 F50 . . ..

(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 M120 Town and Country Planning (Scotland) Act 1972; and

(b) the M121 Roads (Scotland) Act 1984.

(8) References in the M122 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

F49 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

F50 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.

Marginal Citations

M104 1967 c. 86.

M105 1968 c. 41.

M106 1947 c. 42.

M107 1968 c. 16.

M108 1972 c. 52.

M109 1980 c. 65.

M110 1981 c. 64.

M111 1981 c. 67.

M112 1982 c. 16.

M113 1925 c. 71.

M114 1945 c. 43.

M115 1980 c. 66.

M116 1985 c. 68.

M117 1953 c. 26.

M118 1980 c. 66.

M119 1984 c. 27.

M120 1972 c. 52.

M121 1984 c. 54.

M122 1958 c. 50.

3 (1) In the following enactments, namely—

[F51 (a) the M123 Water Act 1948;]

(b) section 39 of the M124 Opencast Coal Act 1958 except in its application to Scotland;

(c) paragraph 2 of Schedule 6 to the M125 Gas Act 1965;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52

(e) the M126 Welsh Development Agency Act 1975;

(f) the M127 the Development of Rural Wales Act 1976;

(g) the M128 New Towns Act 1981,

“the appropriate Minister”, in relation to a a licence holder, shall mean the [F53 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 M129 Pipe-lines Act 1962;

(c) Schedule 3 to the M130 Harbours Act 1964;

(d) the M131 New Towns (Scotland) Act 1968;

(e) sections 195(6), 214 to 227, 266(6)(b) and 275(2) of, and Schedule 8 to, the M132 Town and Country Planning (Scotland) Act 1972;

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F54

(g) section 121 of the M133 Highways Act 1980;

(h) the M134 Acquisition of Land Act 1981,

[F55 (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

F51 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.

F52 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

F53 Words in Sch. 16 para. 3(1) substituted (5.7.1992) by S.I. 1992/1314, art. 3(3), Sch. para. 1(e).

F54 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

F55 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

M123 1948 c. 42.

M124 1958 c. 69.

M125 1965 c. 36.

M126 1975 c. 70.

M127 1976 c. 75.

M128 1981 c. 64.

M129 1962 c. 58.

M130 1964 c. 40.

M131 1968 c. 16.

M132 1972 c. 52.

M133 1980 c. 66.

M134 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

F56 7 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F56 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

[F57 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

F57 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

[F58 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

F58 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

[F59 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

F59 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

F60 27 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F60 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

[F61 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

F61 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.

Section 112(4).

SCHEDULE 17 E+W+S Transitional Provisions and Savings

Part I E+W+S Provisions and Savings for Part I of Act

1 (1) In so far as any requisition made under section 27 of the Schedule to the Electric Lighting (Clauses) Act 1899 which is effective on the day appointed for the coming into force of section 16 of this Act requires a supply of electricity to continue to be given, it shall have effect as if made under subsection (1) of the said section 16; and the provisions of Part I of this Act shall apply accordingly. E+W+S

(2) In so far as any requisition made under section 27 of the Schedule to the Electric Lighting (Clauses) Act 1899 which is effective on the day appointed for the coming into force of that section’s repeal by this Act requires a supply of electricity to be given, the repeal shall not affect the operation of that section in relation to that requisition.

(3) The repeal by this Act of sections 24 to 26 of the Schedule to the M135 Electric Lighting (Clauses) Act 1899 shall not affect the operation of those sections in relation to any requisition made under the said section 24 which is effective on the day appointed for the coming into force of the repeal.

Marginal Citations

M135 1899 c. 19.

2 E+W+S Any tariff fixed under section 37(3) of the M136 Electricity Act 1947 or section 22(1) of the M137 Electricity (Scotland) Act 1979 which is effective on the day appointed for the coming into force of section 18 of this Act shall have effect as if fixed under subsection (1) of the said section 18; and the provisions of Part I of this Act shall apply accordingly.

Marginal Citations

M136 1947 c. 54.

M137 1979 c. 11.

3 E+W+S Any regulations made under section 16 of the M138 Energy Act 1983 which are effective on the day appointed for the coming into force of section 29 of this Act shall have effect as if—

(a) they were made under the said section 29; and

(b) references to an Electricity Board were references to a person authorised by a licence to supply or transmit electricity;

and the provisions of Part I of this Act shall apply accordingly.

Commencement Information

I1 Sch. 17 para. 3 wholly in force at 9.11.2001; Sch. 17 para. 3 not in force at Royal Assent see s. 113(2); Sch. 17 para. 3 in force at 31.3.1990 except for para. (b) and word “and” preceding it by S.I. 1990/117, art. 3(c); Sch. 17 para. 3(b) and word “and” preceding it in force at 9.11.2001 by S.I. 2001/3419, art. 2(b)

Marginal Citations

M138 1983 c. 25.

4 (1) Where any application made under section 2 of the M139 Electric Lighting Act 1909 or section 35 of the Electricity (Scotland) Act 1979 is effective on the day appointed for the coming into force of section 36 of this Act— E+W+S

(a) the application shall have effect as if made under the said section 36 modified for that purpose by the omission of subsections (2) and (3);

(b) anything done before that day in relation to the application (whether under the said section 2 or 35 or under section 33 or 34 of the M140 Electricity Act 1957) shall have effect as if done under the corresponding provisions of Schedule 8 to this Act; and

(c) the provisions of Part I of this Act shall apply accordingly.

(2) The repeal by this Act of section 2 of the Electric Lighting Act 1909 or section 35 of the Electricity (Scotland) Act 1979 shall not affect the validity of any consent granted under that section before the day appointed for the coming into force of the repeal.

(3) Section 36 of this Act shall not apply in relation to—

(a) the construction of a generating station, or its operation as constructed; or

(b) the extension of a generating station, or its operation as extended,

if its construction or, as the case may be, extension is authorised by a consent given or having effect as if given under section 2 of the Electric Lighting Act 1909 or section 35 of the Electricity (Scotland) Act 1979, or by a planning permission granted on an application made before the day appointed for the coming into force of the said section 36.

Marginal Citations

M139 1909 c. 34.

M140 1957 c. 48.

5 (1) Where any application made under section 10(b) of the Schedule to the Electric Lighting (Clauses) Act 1899 is effective on the day appointed for the coming into force of section 37 of this Act— E+W+S

(a) the application shall have effect as if made under the said section 37 modified for that purpose by the omission of subsection (2);

(b) anything done before that day in relation to the application (whether under the said section 10(b) or under section 32 or 34 of the Electricity Act 1957) shall have effect as if done under the corresponding provisions of Schedule 8 to this Act; and

(c) the provisions of Part I of this Act shall apply accordingly.

(2) The repeal by this Act of section 10(b) of the Schedule to the M141 Electric Lighting (Clauses) Act 1899 shall not affect the validity of any consent granted under that section before the day appointed for the coming into force of the repeal.

(3) Where such a consent as is mentioned in sub-paragraph (2) above includes a direction that planning permission for the installation of the electric line shall be deemed to be granted, or otherwise has effect as a grant of planning permission for that installation, that permission shall be deemed to extend to the installation of any of the following, namely—

(a) any support for that line, that is to say, any structure, pole or other thing in, on, by or from which that line is be supported, carried or suspended;

(b) any apparatus connected to that line for the purpose of carrying electricity; and

(c) any wire, cable, tube, pipe or other similar thing (including its casing or coating) which surrounds or supports, or is surrounded or supported by, or is installed in close proximity to, or is supported, carried or suspended in association with, that line.

(4) Section 37 of this Act shall not apply in relation to an electric line if its installation is authorised by a consent given under section 10(b) of the Schedule to the Electric Lighting (Clauses) Act 1899 or by a planning permission granted on an application made before the day appointed for the coming into force of the said section 37.

(5) Section 37 of this Act shall not apply to any electric line which—

(a) is a service line within the meaning of section 1 of the Schedule to the Electric Lighting (Clauses) Act 1899; and

(b) is or was installed before the day appointed for the coming into force of the said section 37.

Marginal Citations

M141 1899 c. 19.

6 E+W+S Any maximum charge fixed by an Electricity Board under section 29 of the M142 Electricity Act 1957 or section 23 of the M143 Electricity (Scotland) Act 1979 for the resale of electricity supplied by it which is effective on the day appointed for the coming into force of section 44 of this Act shall have effect as a maximum price fixed by the Director under the said section 44 for the resale of electricity so supplied.

Marginal Citations

M142 1957 c. 48.

M143 1979 c. 11.

7 E+W+S Where any representation, reference or report made under, or in such circumstances as are mentioned in, any of the following enactments, namely—

(a) section 7 of the M144 Electricity Act 1947;

(b) Schedule 7 to the Electricity (Scotland) Act 1979; and

(c) section 21 of the M145 Energy Act 1983,

is effective on the day appointed for the coming into force of the repeal by this Act of that enactment, the representation, reference or report shall have effect as if it were a representation made to the Director; and the provisions of Part I of this Act shall apply accordingly.

Marginal Citations

M144 1947 c. 54.

M145 1983 c. 25.

8 (1) Any land which has been compulsorily acquired under section 9 of the Electricity Act 1947 or section 12 of the Electricity (Scotland) Act 1979 before the day appointed for the coming into force of Part I of Schedule 3 to this Act shall be treated for the purposes of that Part as compulsorily acquired by virtue of that Part. E+W+S

(2) Any compulsory purchase order made under section 9 of the Electricity Act 1947 or section 12 of the Electricity (Scotland) Act 1979 before the day appointed for the coming into force of Part I of Schedule 3 to this Act shall have effect as if made under that Part; and the provisions of that Schedule shall apply accordingly.

9 E+W+S Any consent given under subsection (1) of section 22 of the M146 Electricity (Supply) Act 1919 which is effective on the day appointed for the coming into force of Schedule 4 to this Act shall have effect as if granted under paragraph 6(3) of that Schedule; anything done before that day with a view to, or otherwise in connection with, the giving of a consent under that subsection (whether under that section or under section 11 of the M147 Electricity (Supply) Act 1922) shall have effect as if done under the corresponding provisions of that Schedule; and the provisions of Part I of this Act shall apply accordingly.

Marginal Citations

M146 1919 c. 100.

M147 1922 c. 46.

10 E+W+S Any order made under subsection (3) of section 34 of the M148 Electricity (Supply) Act 1926 which is effective on the day appointed for the coming into force of Schedule 4 to this Act shall have effect as if made under paragraph 9(6) of that Schedule; anything done under that section before that day with a view to, or otherwise in connection with, the making of an order under that subsection shall have effect as if done under the corresponding provisions of that Schedule; and the provisions of Part I of this Act shall apply accordingly.

Marginal Citations

M148 1926 c. 51.

11 (1) Any meter of a pattern which is approved for the purposes of section 12 of the M149 Energy Act 1983 immediately before the day appointed for the coming into force of Schedule 7 to this Act shall be treated as being of an approved pattern for the purposes of that Schedule. E+W+S

(2) Any meter which is certified under section 50 of the Schedule to the M150 Electric Lighting (Clauses) Act 1899 immediately before the day appointed for the coming into force of Schedule 7 to this Act shall be treated as certified under paragraph 5 of the said Schedule 7.

(3) Any regulations made under section 30(1) of the M151 Electricity Act 1957 which are effective on the day appointed for the coming into force of Schedule 7 to this Act shall have effect as if made under paragraph 5 of that Schedule.

(4) Paragraphs (a) and (b) of paragraph 2(1) of Schedule 7 to this Act shall not apply in relation to a meter installed before (and not moved since) the day appointed for the coming into force of that Schedule until, in the case of paragraph (b)—

(a) electricity is supplied through the meter in pursuance of a notice given under section 16(2) of this Act more than twelve months after that day; or

(b) the period of ten years beginning with that day expires,

whichever first occurs.

(5) Sub-paragraph (2) of paragraph 12 of Schedule 7 to this Act shall not prevent a pre-payment meter from being used as mentioned in that sub-paragraph in pursuance of an agreement made before the day appointed for the coming into force of that Schedule.

Marginal Citations

M149 1983 c. 25.

M150 1899 c. 19.

M151 1957 c. 48.

12 E+W+S Any regulations made under section 34(2) of the Electricity Act 1957 which are effective on the day appointed for the coming into force of Schedule 8 to this Act shall have effect as if they were made under paragraph 3(1) of that Schedule; and the provisions of that Schedule shall apply accordingly.

13 E+W+S Where—

(a) any sum was deposited with an Electricity Board by way of security under any provision of the Electricity Acts; and

(b) on and after the day appointed for the coming into force of any provision of Part I of this Act that sum is treated by the Board as deposited under that provision of that Part,

any period beginning three months or less before that day, being a period during which the sum was deposited with the Board, shall be treated for the purposes of the payment of interest on that sum as a period during which the sum was deposited under that provision of that Part.

14 (1) Where immediately before the day appointed for the coming into force of any provision of Part I of this Act there is in force an agreement which— E+W+S

(a) confers or imposes on an Electricity Board any rights or liabilities; and

(b) refers (in whatever terms and whether expressly or by implication) to any provision of the Electricity Acts, to an Electricity Board’s statutory electricity undertaking or to statutory purposes,

the agreement shall have effect, in relation to anything falling to be done on or after that day, as if that reference included or, as the case may require, were a reference to the corresponding provision of this Act, to the Board’s undertaking as a person authorised by a licence to generate, transmit or supply electricity or to purposes connected with the generation, transmission or supply of electricity.

(2) References in this paragraph to an agreement include references to a deed, bond or other instrument.

15 E+W+S The repeal by this Act of any provision by virtue of which any enactment applies in relation to a person carrying on an electricity undertaking shall not affect the continuing validity of anything done under that enactment before the day appointed for the coming into force of that repeal.

16 E+W+S In this Part of this Schedule “the Electricity Acts” means—

(a) the Electricity Acts 1947 to 1961 and the M152 Electricity (Scotland) Act 1979; and

(b) such of the provisions of the M153 Energy Act 1976 and the M154 Energy Act 1983 as are repealed by this Act;

and expressions which are used in Part I of this Act have the same meanings as in that Part.

Marginal Citations

M152 1979 c. 11.

M153 1976 c. 76.

M154 1983 c. 25.

Part II E+W+S Provisions and Savings for Part II of Act

17 E+W+S Any licence granted under section 6 of this Act to an Electricity Board which is effective on the transfer date shall have effect as if granted to the appropriate successor company.

18 E+W+S Any tariff fixed, or having effect as if fixed, under section 18(1) of this Act by an Electricity Board which is effective on the transfer date shall have effect as if fixed by its successor company.

19 E+W+S Any consent given under section 36 of this Act to an Electricity Board which is effective on the transfer date shall have effect as if given to the appropriate successor company.

20 E+W+S Any consent given under section 37 of this Act to an Electricity Board which is effective on the transfer date shall have effect as if given to the appropriate successor company.

21 E+W+S Any maximum price fixed, or having effect as if fixed, under section 44 of this Act for the resale of electricity supplied by an Electricity Board which is effective on the transfer date shall have effect as if fixed for the resale of electricity by the appropriate successor company.

22 E+W+S A direction given under section 96 of this Act to an Electricity Board which is effective on the transfer date shall have effect as if given to the appropriate successor company.

23 (1) Any land compulsorily acquired by an Electricity Board before the transfer date which was so acquired by virtue of Part I of Schedule 3 to this Act, or is treated as so acquired for the purposes of that Part, shall be treated for those purposes as so acquired by the appropriate successor company; but nothing in paragraph 4 of that Schedule (as applied by this sub-paragraph) shall be taken as requiring the consent of the Director to any disposal which is affected in pursuance of a provision included in a transfer scheme by virtue of section 68(2)(c) of this Act or in pursuance of Schedule 10 to this Act. E+W+S

(2) Any compulsory purchase order made by an Electricity Board which is made, or has effect as if made, by virtue of Part I of Schedule 3 to this Act and is effective on the transfer date shall have effect as if made by the appropriate successor company.

24 (1) Where immediately before the transfer date there is in force an agreement which— E+W+S

(a) confers or imposes on an Electricity Board or the Electricity Council any rights or liabilities which vest in the appropriate successor company by virtue of this Act; and

(b) refers (in whatever terms and whether expressly or by implication) to a member or officer of that Board or Council,

the agreement shall have effect, in relation to anything falling to be done on or after that date, as if for that reference there were substituted a reference to such person as that company may appoint or, in default of appointment, to the officer of that company who corresponds as nearly as may be to the member or officer of the Board or Council in question.

(2) References in this paragraph to an agreement include references to a deed, bond or other instrument.

25 (1) Any agreement made, transaction effected or other thing done by, to or in relation to an Electricity Board or the Electricity Council which is in force or effective immediately before the transfer date shall have effect as if made, effected or done by, to or in relation to the appropriate successor company, in all respects as if that company were the same person in law as the Board or Council; and accordingly references to an Electricity Board or the Electricity Council— E+W+S

(a) in any agreement (whether or not in writing) and in any deed, bond or instrument;

(b) in any process or other document issued, prepared or employed for the purposes of any proceeding before any court or other tribunal or authority; and

(c) in any other document whatsoever (other than an enactment) relating to or affecting any property, right or liability of that Board or Council which is transferred by this Act,

shall be taken as referring to the appropriate successor company.

(2) Nothing in sub-paragraph (1) above shall be taken as applying in relation to any agreement made, transaction effected or other thing done with respect to, or any document relating to or affecting, any rights and liabilities which are excepted rights and liabilities within the meaning of section 66 or 67 of this Act.

26 E+W+S It is hereby declared for the avoidance of doubt that—

(a) the effect of Part II of this Act in relation to any contract of employment with an Electricity Board or the Electricity Council which is in force immediately before the transfer date is merely to modify the contract by substituting the appropriate successor company as the employer (and not to terminate the contract or vary it in any other way); and

(b) that Part is effective to vest the rights and liabilities of an Electricity Board or the Electricity Council under any agreement or arrangement for the payment of pensions, allowances or gratuities in the appropriate successor company along with all other rights and liabilities of the Board or Council;

and accordingly any period of employment with an Electricity Board or the Electricity Council, or a wholly owned subsidiary of such a Board or that Council, shall count for all purposes as a period of employment with the appropriate successor company or (as the case may be) a wholly owned subsidiary of the appropriate successor company.

27 E+W+S The M155 Transfer of Undertakings (Protection of Employment) Regulations 1981 shall apply to any transfer effected by Part II of this Act, being a transfer of—

(a) all property, rights and liabilities comprised in the Electricity Council’s undertaking (other than excepted rights and liabilities within the meaning of section 66 of this Act); or

(b) all property, rights and liabilities comprised in a specified part of that undertaking,

whether or not, apart from this paragraph, that undertaking would be treated as an undertaking in the nature of a commercial venture for the purposes of those Regulations.

Marginal Citations

M155 S.I. 1981/1794.

28 E+W+S Any agreement made under section 53 of the M156 Electricity Act 1947 or section 12 of the M157 Electricity Act 1957 (machinery for settling terms and conditions of employment) which is effective on the transfer date shall have effect as if—

(a) the parties to the agreement on the employers’ side were the successor companies and not the Electricity Council and the Scottish Boards; and

(b) each of the parties to the agreement were entitled to withdraw from it on giving the other parties 12 months’ notice in writing.

Marginal Citations

M156 1947 c. 54.

M157 1957 c. 48.

29 (1) It shall be the duty of an Electricity Board or the Electricity Council and (in either case) the appropriate successor company to take, as and when during the transitional period that company considers appropriate, all such steps as may be requisite to secure that the vesting in that company by virtue of Part II of this Act or this paragraph of any foreign property, right or liability is effective under the relevant foreign law. E+W+S

(2) During the transitional period, until the vesting in a successor company by virtue of Part II of this Act or this paragraph of any foreign property, right or liability is effective under the relevant foreign law, it shall be the duty of the Board or Council concerned to hold that property or right for the benefit of, or to discharge that liability on behalf of, the successor company.

(3) Nothing in sub-paragraphs (1) and (2) above shall be taken as prejudicing the effect under the law of the United Kingdom or of any part of the United Kingdom of the vesting in a successor company by virtue of Part II of this Act or this paragraph of any foreign property, right or liability.

(4) An Electricity Board or the Electricity Council shall have all such powers as may be requisite for the performance of its duty under this paragraph, but—

(a) it shall be the duty of the appropriate successor company during the transitional period to act on behalf of the Board or Council (so far as possible) in performing the duty imposed on the Board or Council by this paragraph; and

(b) any foreign property, rights and liabilities acquired or incurred by the Board or Council during that period shall immediately become property, rights and liabilities of the appropriate successor company.

(5) References in this paragraph to any foreign property, right or liability are references to any property, right or liability as respects which any issue arising in any proceedings would have been determined (in accordance with the rules of private international law) by reference to the law of a country or territory outside the United Kingdom.

(6) Any expenses incurred by an Electricity Board or the Electricity Council under this paragraph shall be met by the appropriate successor company.

30 (1) Notwithstanding the repeal by this Act of section 46 of the M158 Electricity Act 1947, it shall be the duty of the Electricity Council, the Generating Board and each Area Board to prepare statements of accounts in accordance with that section in respect of each financial year ending before the transfer date, and that section shall continue to apply during the transitional period in relation to those statements and the auditing of those statements. E+W+S

(2) Notwithstanding the repeal by this Act of section 10 of the M159 Electricity Act 1957, it shall be the duty of each Area Board, the Generating Board and the Electricity Council—

(a) to make a report to the Secretary of State in accordance with that section in respect of each financial year ending before the transfer date; and

(b) in the case of each Area Board and the Generating Board, to send a copy of the report, as soon as it is so made, to the Electricity Council.

(3) Notwithstanding the repeal by this Act of section 11 of that Act, it shall be the duty of the Electricity Council to prepare consolidated statements of accounts in accordance with that section in respect of each financial year ending before the transfer date, and that section shall continue to apply during the transitional period in relation to those statements and the auditing of those statements.

(4) Any expenses incurred by the Electricity Council, the Generating Board or an Area Board under this paragraph shall be met by the appropriate successor company.

Marginal Citations

M158 1947 c. 54.

M159 1957 c. 48.

31 (1) Notwithstanding the repeal by this Act of section 30 of the M160 Electricity (Scotland) Act 1979, it shall be the duty of each Scottish Board to prepare an annual statement of accounts in accordance with that section in respect of each financial year ending before the transfer date, and that section shall continue to apply during the transitional period in relation to such a statement and the auditing of such a statement. E+W+S

(2) Notwithstanding the repeal by this Act of section 42 of that Act, it shall be the duty of each Scottish Board to make an annual report to the Secretary of State in accordance with that section in respect of each financial year ending before the transfer date.

(3) Any expenses incurred by a Scottish Board under this paragraph shall be met by the appropriate successor company.

Marginal Citations

M160 1979 c. 11.

32 E+W+S Notwithstanding the repeal by this Act of sections 10 and 11 of and Schedule 5 to the Electricity (Scotland) Act 1979—

(a) any constructional scheme prepared by a Scottish Board and confirmed by an order of the Secretary of State made under, or having effect as if made under, Schedule 5 to that Act;

(b) the powers conferred by section 11 of that Act for the purpose of carrying out any such scheme; and

(c) any authorisation of a Scottish Board under section 10(3) of that Act to execute works of a minor character without the preparation of a constructional scheme,

shall have effect after the transfer date in relation to the appropriate successor company as they had effect before that date in relation to the Scottish Board.

33 E+W+S Where by virtue of anything done before the transfer date, any enactment amended by Schedule 16 to this Act has effect in relation to an Electricity Board or the Electricity Council, that enactment shall have effect in relation to the appropriate successor company as if that company were the same person, in law, as the Board or Council.

34 E+W+S Without prejudice to the powers conferred by section 112(2) of this Act, every provision contained in a local Act, or in subordinate legislation, which is in force immediately before the transfer date and then applicable to an Electricity Board or the Electricity Council shall have effect as if—

(a) for references therein to the Board or Council there were substituted references to the appropriate successor company; and

(b) for any reference (however worded and whether expressly or by implication) to the undertaking or business, or any part of the undertaking or business, of the Board or Council there were substituted a reference to the undertaking or business, or the corresponding part of the undertaking or business, of the appropriate successor company.

35 (1) Nothing in this Act shall affect the validity of anything done by, or in relation to, an Electricity Board before the transfer date under or by virtue of the M161 Public Utilities Street Works Act 1950; and anything which, immediately before that date, is in process of being done under, or by virtue of, that Act by or in relation to the Board (including, in particular, any legal proceedings to which it is a party) may be continued by, or in relation to, the appropriate successor company. E+W+S

(2) Any notice or direction given or other thing whatsoever done under the said Act of 1950 by an Electricity Board shall, if effective at the transfer date, continue in force and have effect as if similarly given or done by the appropriate successor company.

Marginal Citations

M161 1950 c. 30.

36 (1) Where immediately before the transfer date an Electricity Board falls, by virtue of section 34(3) of the M162 General Rate Act 1967, to be treated for the purposes of that Act as occupying in a rating area a hereditament of a rateable value calculated in accordance with the provisions of Part I of Schedule 7 to that Act, that Board shall, notwithstanding the transfers of property, rights and liabilities effected by Part II of this Act, continue to be so treated until 1st April 1990. E+W+S

(2) Section 16(1) of the M163 Valuation and Rating (Scotland) Act 1956 (liability for rates) shall, in relation to such lands and heritages as the Secretary of State may after consultation with the Scottish Boards by regulations prescribe, have effect until 1st April 1990 as if any reference to a rate being payable by occupiers only were a reference to the rate being payable by the Scottish Board from which the lands and heritages were transferred by Part II of this Act.

(3) Any sums which by virtue of this paragraph fall to be paid by an Electricity Board after the transfer date shall be met by the appropriate successor company.

Marginal Citations

M162 1967 c. 9.

M163 1956 c. 60.

37 (1) An application or claim by an Electricity Board for hazardous substances consent which is effective on the transfer date— E+W+S

(a) shall have effect as if made by the appropriate successor company; and

[F62 (b) in the case of an application or claim made to the Secretary of State, shall be determined by him notwithstanding that the land to which it relates is no longer land to which [F63 section 2 of the Planning (Hazardous Substances) Act 1990] or, as the case may be, section 56B of the M164 Town and Country Planning (Scotland) Act 1972 applies.]

(2) A hazardous substances consent granted or deemed to be granted to an Electricity Board which is effective on the transfer date shall have effect as if it had been granted to the appropriate successor company.

Textual Amendments

F62 Sch. 17 para. 37(1)(b) repealed (prosp.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 162(2), 164(2)(3), Sch. 16 Pt. VII

F63 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 83(2)

Marginal Citations

M164 1972 c. 52.

38 (1) Where an asset, or the right to receive an asset, vests in a successor company by virtue of this Act, then for the purposes of Part I of the M165 Industry Act 1972 and Part II of the M166 Industrial Development Act 1982— E+W+S

(a) so much of any expenditure incurred by the appropriate Board or Council in providing that asset as is approved capital expenditure (of any description relevant for the purposes of regional development grant) in respect of which no payment of regional development grant has been made to the Board or Council shall be treated as having been incurred by the successor company and not by the Board or Council; and

(b) where the asset itself vests in the successor company by virtue of this Act, it shall be treated as a new asset if it would have fallen to be so treated if it had remained vested in the Board or Council.

(2) In this paragraph “regional development grant” means a grant under Part I of the Industry Act 1972 or Part II of the Industrial Development Act 1982 and “approved capital expenditure” has the same meaning as it has for the purposes of the provisions relating to regional development grant.

Marginal Citations

M165 1972 c. 63.

M166 1982 c. 52.

39 (1) Where a distribution is proposed to be declared during the accounting reference period of a successor company which includes the transfer date or before any accounts are laid or filed in respect of that period, sections 270 to 276 of the M167 Companies Act 1985 (accounts relevant for determining whether a distribution may be made by a company) shall have effect as if— E+W+S

(a) references in section 270 to the company’s accounts or to accounts relevant under that section; and

(b) references in section 273 to initial accounts,

included references to such accounts as, on the assumptions stated in sub-paragraph (2) below, would have been prepared under section 227 of that Act in respect of the relevant year.

(2) The said assumptions are—

(a) that the relevant year had been a financial year of the successor company;

(b) that the vesting effected by Part II of this Act had been a vesting of all the property, rights and liabilities (other than excepted rights and liabilities within the meaning of section 66 or 67 of this Act) to which the Board or Council concerned was entitled or subject immediately before the beginning of the relevant year and had been effected immediately after the beginning of that year;

(c) that the value of any asset and the amount of any liabilities of the Board or Council concerned vested in the successor company by virtue of that section had been the value or (as the case may be) the amount assigned to that asset or liability for the purposes of the statement of accounts prepared by that Board or Council in respect of the financial year immediately preceding the relevant year;

(d) that any securities of the successor company issued or allotted before the declaration of the distribution had been issued or allotted before the end of the relevant year; and

(e) such other assumptions (if any) as may appear to the directors of the successor company to be necessary or expedient for the purposes of this paragraph.

(3) For the purposes of the said accounts the amount to be included in respect of any item shall be determined as if anything done by the Board or Council concerned (whether by way of acquiring, revaluing or disposing of any asset or incurring, revaluing or discharging any liability, or by carrying any amount to any provision or reserve, or otherwise) had been done by the successor company.

Accordingly (but without prejudice to the generality of the preceding provision) the amount to be included in any reserves of the successor company as representing its accumulated realised profits shall be determined as if any profits realised and retained by the Board or Council concerned had been realised and retained by the successor company.

(4) The said accounts shall not be regarded as statutory accounts for the purposes of section 76 of this Act.

(5) In this paragraph—

• “complete financial year” means a financial year ending with 31st March;

• “the relevant year” means the last complete financial year ending before the transfer date.

Marginal Citations

M167 1985 c. 6.

40 E+W+S In this Part of this Schedule expressions which are used in Part II of this Act have the same meanings as in that Part.

Section 112(4).

SCHEDULE 18 U.K. Repeals

Commencement Information

I2 Sch. 18 wholly in force at 9.11.2001; Sch. 18 not in force at Royal Assent see s. 113(2); Sch. 18 in force with the exception of specified repeals at 31.3.1990 by S.I 1990/117, art. 3(b); Sch. 18 in force insofar as not already in force at 9.11.2001 by S.I. 2001/3419, art. 2(c)

45 & 46 Vict. c. 56.	The Electric Lighting Act 1882.	The whole Act.
51 & 52 Vict. c. 12.	The Electric Lighting Act 1888.	The whole Act.
62 & 63 Vict. c. 19.	The Electric Lighting (Clauses) Act 1899.	The whole Act.
9 Edw. 7 c. 34.	The Electric Lighting Act 1909.	The whole Act.
9 & 10 Geo. 5 c. 100.	The Electricity (Supply) Act 1919.	The whole Act.
12 & 13 Geo. 5 c. 46.	The Electricity (Supply) Act 1922.	The whole Act.
15 & 16 Geo. 5 c. 71.	The Public Health Act 1925.	In section 7(3), the word “electricity,”.
16 & 17 Geo. 5 c. 51.	The Electricity (Supply) Act 1926.	The whole Act.
17 & 18 Geo. 5 c. 36.	The Landlord and Tenant Act 1927.	In section 25, in the definition of “statutory company”, the word “electricity”.
23 & 24 Geo. 5 c. 14.	The London Passenger Transport Act 1933.	Section 23(9)(b).
25 Geo. 5 and 1 Edw. 8 c. 20.	The Electricity Supply (Meters) Act 1936.	The whole Act.
25 Geo. 5 and 1 Edw. 8 c. 49.	The Public Health Act 1936.	In section 343, in the definition of “statutory undertakers”, the word “electricity”.
2 & 3 Geo. 6 c. 31.	The Civil Defence Act 1939.	In section 90(1), in the definition of “public utility undertakers”, the word “electricity”.
6 & 7 Geo. 6 c. 32.	The Hydro-Electric Development (Scotland) Act 1943.	The whole Act.
8 & 9 Geo. 6 c. 19.	The Ministry of Fuel and Power Act 1945.	Section 7(3).
8 & 9 Geo. 6 c. 42.	The Water Act 1945.	In section 1(1) of Schedule 3, in the definition of “statutory undertakers”, the word “electricity”.
9 & 10 Geo. 6 c. 49.	The Acquisition of Land (Authorisation Procedure) Act 1946.	In section 8(1), in the definition of “statutory undertakers”, the word “electricity”.
		In Schedule 4, the entry relating to the Electricity (Supply) Act 1919.
10 & 11 Geo. 6 c. 35.	The Finance Act 1947.	In section 57(2), the words from “all stock” to “and to” and the word “other”.
10 & 11 Geo. 6 c. 42.	The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947.	Section 1(5).
		In section 7(1), in the definition of “statutory undertakers”, the word “electricity”.
10 & 11 Geo. 6 c. 54.	The Electricity Act 1947.	The whole Act.
11 & 12 Geo. 6 c. 22.	The Water Act 1948.	In section 15(1), in the definition of “appropriate Minister”, the word “electricity” and, in the definition of “statutory undertakers”, the word “electricity”.
14 Geo. 6 c. 39.	The Public Utilities Street Works Act 1950.	In section 20(3), the words from “Section thirteen” to “subsists, and”.
		In Schedule 5, the entries relating to the Gasworks Clauses Act 1847 as incorporated with the Electric Lighting Act 1882 by section 12 of that Act, the Electric Lighting Act 1882 and the Schedule to the Electric Lighting (Clauses) Act 1899.
2 & 3 Eliz. 2 c.19.	The Civil Defence (Electricity Undertakings) Act 1954.	The whole Act.
2 & 3 Eliz. 2 c. 21.	The Rights of Entry (Gas and Electricity Boards) Act 1954.	In section 3(1), the definition of “Electricity Board”.
2 & 3 Eliz. 2 c. 60.	The Electricity Reorganisation (Scotland) Act 1954.	The whole Act.
4 & 5 Eliz. 2 c. 52.	The Clean Air Act 1956.	Section 10(4).
5 & 6 Eliz. 2 c. 48.	The Electricity Act 1957.	The whole Act.
6 & 7 Eliz. 2 c. 69.	The Opencast Coal Act 1958.	In section 51(1), in the definition of “appropriate Minister”, the words “electricity or”.
		In section 52(2), in the definition of “appropriate Minister”, the words “electricity or”.
9 & 10 Eliz. 2 c. 8.	The Electricity (Amendment) Act 1961.	The whole Act.
10 & 11 Eliz. 2 c. 58.	The Pipe-lines Act 1962.	In section 58(1), paragraphs (c) to (e).
10 & 11 Eliz. 2 c. 58.—cont.	The Pipe-lines Act 1962.—cont.	In section 66(1), in the definition of “statutory undertakers”, the word “electricity”.
1963 c. 41.	The Offices, Shops and Railway Premises Act 1963.	Section 90(2).
1963 c. 59.	The Electricity and Gas Act 1963.	The whole Act.
1964 c. 40.	The Harbours Act 1964.	In paragraph 6(2)(c) of Schedule 3, the word “electricity”.
1965 c. 6.	The Nuclear Installations (Amendment) Act 1965.	Section 17(2).
1965 c. 36.	The Gas Act 1965.	In section 28(1), in the definition of “statutory undertakers”, the word “electricity”.
1966 c. 27.	The Building Control Act 1966.	In the Schedule, the entries relating to the North of Scotland Hydro-Electric Board and the South of Scotland Electricity Board.
1966 c. 34.	The Industrial Development Act 1966.	In Schedule 2, the entries relating to an Area Electricity Board, the North of Scotland Hydro-Electric Board, the South of Scotland Electricity Board, the Central Electricity Generating Board and the Electricity Council.
1967 c. 10.	The Forestry Act 1967.	In section 40(2)(d), the word “electricity”.
1967 c. 86.	The Countryside (Scotland) Act 1967.	Section 64.
		In section 65(5), paragraphs (h) and (i).
1968 c. 13.	The National Loans Act 1968.	In Schedule 1, the entry relating to the Electricity and Gas Act 1963.
1968 c. 16.	The New Towns (Scotland) Act 1968.	In section 47(1), in the definition of “the appropriate Minister”, the words “electricity or” and, in the definition of “statutory undertakers”, the word “electricity”.
1968 c. 39.	The Gas and Electricity Act 1968.	The whole Act.
1968 c. 62.	The Clean Air Act 1968.	In section 6(10), the words from “not being a furnace” to the end.
1969 c. 32.	The Finance Act 1969.	In Schedule 20, paragraph 28(2).
1971 c. 78.	The Town and Country Planning Act 1971.	In section 224(1), the words “electricity or”.
		In section 290(1), in the definition of “statutory undertakers”, the word “electricity”.
1972 c. 17.	The Electricity Act 1972.	The whole Act.
1972 c. 52.	The Town and Country Planning (Scotland) Act 1972.	In section 213(1)(e), the words “electricity or”.
		In section 275(1), in the definition of “statutory undertakers”, the word “electricity”.
1972 c. 70.	The Local Government Act 1972.	Section 271(1)(a).
1973 c. 41.	The Fair Trading Act 1973.	In section 137, in subsection (2), in the definition of “goods”, the words “but does not include electricity”, and subsection (4).
		In Schedule 5, paragraph 3.
1973 c. 65.	The Local Government (Scotland) Act 1973.	Section 236(1).
		In Schedule 27, paragraphs 13, 14, 49, 55, 68, 87 and 129 to 131.
1974 c. 8.	The Statutory Corporations (Financial Provisions) Act 1974.	In Schedule 2, the entries relating to the Electricity Council, the North of Scotland Hydro-Electric Board and the South of Scotland Electricity Board.
1974 c. 40.	The Control of Pollution Act 1974.	In section 21(6), the words “(except the restrictions imposed by subsections (2) and (3))”.
		In section 73(1), in the definition of “statutory undertakers”, the word “electricity”.
1975 c. 24.	The House of Commons Disqualification Act 1975.	In Schedule 1, in Part II, the entries relating to an Area Electricity Board in England and Wales, the Central Electricity Generating Board, the Electricity Council, the North of Scotland Hydro-Electric Board and the South of Scotland Electricity Board.
1975 c. 55.	The Statutory Corporations (Financial Provisions) Act 1975.	Section 5(2).
		Section 6(1).
		In Schedule 2, the entries relating to the Electricity Council, the North of Scotland Hydro-Electric Board and the South of Scotland Electricity Board.
		In Schedule 3, Part I.
1975 c. 70.	The Welsh Development Agency Act 1975.	In section 27, in the definition of “statutory undertakers”, the word “electricity”.
1976 c. 57.	The Local Government (Miscellaneous Provisions) Act 1976.	In section 11(7), the definition of “Electricity Board”.
1976 c. 61.	The Electricity (Financial Provisions) (Scotland) Act 1976.	The whole Act.
1976 c. 75.	The Development of Rural Wales Act 1976.	In section 34(1), the word “electricity”.
		In column (1) of the table to paragraph 56 of Schedule 3, the words “electricity or”.
1976 c. 76.	The Energy Act 1976.	Section 7.
		Section 16.
		In Schedule 2, in paragraph 6(1), the words “or 7”.
1978 c. 25.	The Nuclear Safeguards and Electricity (Finance) Act 1978.	Section 5.
1978 c. 44.	The Employment Protection (Consolidation) Act 1978.	In Schedule 10, paragraphs 7 and 17.
1979 c. 11.	The Electricity (Scotland) Act 1979.	The whole Act.
1979 c. 14.	The Capital Gains Tax Act 1979.	In Schedule 2, in Part I, in paragraph 1, paragraph (b) and the word “and” immediately preceding paragraph (b).
1979 c. 46.	The Ancient Monuments and Archaeological Areas Act 1979.	In section 61(2)(a), the word “electricity”.
		In Schedule 4, paragraph 1.
1980 c. 43.	The Magistrates’ Courts Act 1980.	In Schedule 1, paragraph 10.
1980 c. 63.	The Overseas Development and Co-operation Act 1980.	In Schedule 1, in Part I, the entries relating to an Area Electricity Board, the Central Electricity Generating Board, the Electricity Council, the North of Scotland Hydro-Electric Board and the South of Scotland Electricity Board.
1980 c. 65.	The Local Government, Planning and Land Act 1980.	In section 108(1)(a), the word “electricity”.
		In section 120(3), in the definition of “statutory undertakers”, the word “electricity”.
		In section 170(1)(a), the word “electricity”.
		In Schedule 16, in the definition of “statutory undertakers”, the word “electricity”.
		In paragraph 2 of Schedule 19, the word “electricity”.
1980 c. 66.	The Highways Act 1980.	In section 121(6)(a), the word “electricity”.
		In section 329(1), the definition of “electricity undertakers”.
		In section 329(1), in the definition of “public utility undertakers”, the word “electricity”.
		In section 329(1), in the definition of “statutory undertakers”, in paragraph (b), the word “electricity”.
1981 c. 64.	The New Towns Act 1981.	In section 78(1)(b), the words “electricity or”.
		In section 79(1)(a)(iii) the word “electricity”.
1981 c. 67.	The Acquisition of Land Act 1981.	In section 8(1)(a), the word “electricity”.
		In Schedule 4, the entry relating to the Electricity Act 1947.
1982 c. 16.	The Civil Aviation Act 1982.	In section 105(1), in the definition of “statutory undertaker”, in paragraph (b), the words “electricity or”.
1982 c. 30.	The Local Government (Miscellaneous Provisions) Act 1982.	In section 30(1), paragraph (b) and the word “or” immediately preceding it.
1982 c. 41.	The Stock Transfer Act 1982.	In section 1(3)(c), the words “section 16(3) of the Electricity Act 1957 or”.
1982 c. 43.	The Local Government and Planning (Scotland) Act 1982.	In Schedule 3, paragraphs 35 and 36.
1982 c. 48.	The Criminal Justice Act 1982.	In Schedule 15, paragraphs 2 and 22.
1983 c. 25.	The Energy Act 1983.	Part I.
		Schedules 1 to 3.
1983 c. 29.	The Miscellaneous Financial Provisions Act 1983.	Section 4(3).
1983 c. 44.	The National Audit Act 1983.	In Schedule 4, the entries relating to the Central Electricity Generating Board, the Electricity Council and the Area Boards within the meaning of the Electricity Act 1947, the North of Scotland Hydro-Electric Board and the South of Scotland Electricity Board.
1984 c. 12.	The Telecommunications Act 1984.	In Schedule 2, in paragraph 23(10), in the definition of “relevant undertaker”, sub-paragraph (a)(ii).
		In Schedule 4, paragraphs 6, 8, 9, 13, 15, 24, 34 and 70.
1984 c. 54.	The Roads (Scotland) Act 1984.	In Schedule 9, paragraphs 10, 13, 19, 23 and 79.
1984 c. 55.	The Building Act 1984.	In section 126, in the definition of “statutory undertakers” the word “electricity”.
1985 c. 51.	The Local Government Act 1985.	In Schedule 4, in Part II, paragraph 46.
1985 c. 68.	The Housing Act 1985.	In section 283(3), the word “electricity”.
		In section 296(4)(a), the word “electricity”.
		In section 611(6)(a), the word “electricity”.
1986 c. 44.	The Gas Act 1986.	In Schedule 7, paragraph 2(1)(xxxvi) and, in paragraph 4, sub-paragraphs (1) to (4) and (5)(b).
1986 c. 62.	The Salmon Act 1986.	Section 4.
1986 c. 63.	The Housing and Planning Act 1986.	Section 44.
1987 c. 26.	The Housing (Scotland) Act 1987.	In section 338(1), in the definition of “public undertakers”, the word “electricity”.
1988 c. 1.	The Income and Corporation Taxes Act 1988.	In section 511, subsections (1) to (3) and (6).
1988 c. 15.	The Public Utility Transfers and Water Charges Act 1988.	Section 1, so far as relating to electricity boards within the meaning of that section.
1988 c. 37.	The Electricity (Financial Provisions) (Scotland) Act 1988.	The whole Act.