This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
(This note is not part of the Regulations)
These Regulations apply in respect of England and Wales.
In accordance with paragraph 6(1) of Schedule 4 to the Electricity Act 1989 (c.29) (“the 1989 Act”), the Secretary of State has power to grant a wayleave (“a necessary wayleave”) to enable an electricity company to install and keep installed an electric line on, under or over any land. Before granting the necessary wayleave, the Secretary of State must afford the owner or occupier of the land an opportunity of being heard (paragraph 6(5) of Schedule 4 to the 1989 Act). Where a tree (or shrub) is in close proximity to an electric line, the Secretary of State may also make an order to empower an electricity company to cause a tree or shrub to be felled or lopped and to determine the compensation to be paid (paragraph 9(6) of Schedule 4).
Regulation 3 specifies the charge payable for an application for a necessary wayleave or a reference for an order for the felling or lopping of trees or shrubs.
Regulation 4 specifies the charge payable for the time incurred by an inspector appointed by the Secretary of State to consider the application under the Electricity (Necessary Wayleaves and Felling and Lopping of Trees) (Hearing Procedures) Rules 2013 (“the 2013 Rules”). Regulation 4 also specifies the charge payable for the inspector’s travel and subsistence incurred in attending a pre-hearing meeting, oral hearing or site inspection under the 2013 Rules. The charges payable under regulation 4 differ in relation to England and to Wales. A charge of £1,000 per day applies to applications relating to England, and a charge of £742 per day applies to applications relating to Wales, or to England and Wales.
No charges were previously payable for such applications or for hearings conducted under the previous hearing rules, the Electricity (Compulsory Wayleaves) (Hearings Procedure) Rules 1967 (S.I. 1967/450).
An impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector has been placed in the Library of each House of Parliament and is annexed to the Explanatory Memorandum. Copies of the impact assessment are available on the gov.uk website.
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