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Electricity Act 1989, Section 61 is up to date with all changes known to be in force on or before 03 September 2024. 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.
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(1)Subsection (2) below applies where a licence holder makes an application to the Secretary of State for his consent under section 36 above for the construction or extension of a generating station and, for a purpose connected with the proposed construction or extension of that station, makes either or both of the following, namely—
(a)a compulsory purchase order; and
(b)an application to the Secretary of State for authorisation under paragraph 1 of Schedule 5 to this Act (water rights for hydro-electric generating stations in Scotland).
(2)The proceedings which—
(a)in the case of a compulsory purchase order, are required by Part II of the M1Acquisition of Land Act 1981 or Schedule 1 to the M2Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 to be taken for the purpose of confirming that order;
(b)in the case of an application under paragraph 1 of Schedule 5 to this Act, are required by paragraphs 7 to 12 of that Schedule to be taken in relation to that application,
may be taken concurrently (so far as practicable) with the proceedings required by Schedule 8 to this Act to be taken in relation to the application for consent under section 36 above.
(3)Subsection (4) below applies where a licence holder makes an application to the Secretary of State for his consent under section 37 above for the installation of an electric line above ground and, for a purpose connected with the proposed installation of that line, makes one or more of the following, namely—
(a)a compulsory purchase order;
(b)an application to the Secretary of State under paragraph 6 of Schedule 4 to this Act for a necessary wayleave; and
(c)a reference to the Secretary of State under paragraph 9 (felling and lopping of trees) of that Schedule.
(4)The proceedings which—
(a)in the case of a compulsory purchase order, are required by Part II of the Acquisition of Land Act 1981 or Schedule 1 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 to be taken for the purpose of confirming that order;
(b)in the case of an application under paragraph 6 of Schedule 4 to this Act, are required by that paragraph to be taken in relation to that application;
(c)in the case of a reference under paragraph 9 of that Schedule, are required by that paragraph to be taken in relation to that reference,
may be taken concurrently (so far as practicable) with the proceedings required by Schedule 8 to this Act to be taken in relation to the application for consent under section 37 above.
(5)Where, for a purpose connected with the proposed installation of an electric line, a licence holder makes—
(a)an application to the Secretary of State under paragraph 6 of Schedule 4 to this Act for the necessary wayleave; and
(b)a reference to the Secretary of State under paragraph 9 of that Schedule,
the proceedings required by the said paragraph 9 to be taken in relation to the reference under that paragraph may be taken concurrently (so far as practicable) with the proceedings required by the said paragraph 6 to be taken in relation to the application under that paragraph.
Modifications etc. (not altering text)
C1S. 61: transfer of certain functions (S.) (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)
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