Version Superseded: 01/03/2010
Point in time view as at 20/05/2009. This version of this provision has been superseded.
Electricity Act 1989, Section 37 is up to date with all changes known to be in force on or before 09 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)Subject to subsection (2) below, an electric line shall not be installed or kept installed above ground except in accordance with a consent granted by the Secretary of State.
(2)Subsection (1) above shall not apply—
(a)in relation to an electric line which has a nominal voltage not exceeding 20 kilovolts and is used or intended to be used for supplying a single consumer;
(b)in relation to so much of an electric line as is or will be within premises in the occupation or control of the person responsible for its installation; or
(c)in such other cases as may be prescribed.
(3)A consent under this section—
(a)may include such conditions (including conditions as to the ownership and operation of the line) as appear to the Secretary of State to be appropriate;
(b)may be varied or revoked by the Secretary of State at any time after the end of such period as may be specified in the consent; and
(c)subject to paragraph (b) above, shall continue in force for such period as may be specified in or determined by or under the consent.
(4)Any person who without reasonable excuse contravenes the provisions of this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(5)No proceedings shall be instituted in England and Wales in respect of an offence under this section except by or on behalf of the Secretary of State.
Modifications etc. (not altering text)
C1S. 37 restricted by S.I. 1990/442, art. 3(1)(b)
C2S. 37 excluded (16.3.1992) by Midland Metro Act 1992 (c. vii), s. 10(3)
C4S. 37: transfer of certain functions (S.) (1.7.1999) by S.I. 1999/1750, art. 2, Sch. 1 (with art. 7)
C5S. 37 excluded (19.11.2004) by The Scarweather Sands Offshore Wind Farm Order 2004 (S.I. 2004/3054), arts. 1, 26 (with art. 38)
C6S. 37(1) excluded (1.1.1993) by S.I. 1992/3074, reg.3
C7S. 37(1) excluded (18.12.1996) by 1996 c. 61, s. 50(1)
C8S. 37(1) excluded (22.7.2008) by Crossrail Act 2008 (c. 18), s. 4(1)
C9S. 37(1) excluded (E.W.) (6.4.2009) by The Overhead Lines (Exemption) (England and Wales) Regulations 2009 (S.I. 2009/640), regs. 1(3), 3-5
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.
