1.—(1) This paragraph applies where—
(a)a licence holder has agreed in writing with the undertaker that it is necessary or expedient to remove an electric line within the Order limits and to install and keep installed an electric line in substitution for it on, under or over specified land;
(b)the licence holder has agreed in writing that the undertaker may seek a necessary wayleave on behalf of the licence holder in respect of the specified land; and
(c)the owner or occupier of the specified land, having been given a notice by the undertaker or the licence holder requiring him to give the necessary wayleave to the licence holder 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 undertaker, following consultation with the licence holder, objects.
(2) Subject to sub-paragraphs (3) and (4) below, the Secretary of State may, on the application of the undertaker, himself grant the necessary wayleave to the licence holder 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.
(3) The Secretary of State shall not entertain an application under sub-paragraph (2) above in any case where—
(a)the specified 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 specified land.
(4) Before granting the necessary wayleave to the licence holder, the Secretary of State shall afford—
(a)the occupier of the specified land; and
(b)where the occupier is not also the owner of the specified land, the owner, an opportunity of being heard by a person appointed by the Secretary of State.
(5) A necessary wayleave granted to the licence holder 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 specified land.
(6) 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 Mines (Working Facilities and Support) Act 1966.
(7) Where a wayleave is granted to a licence holder under this paragraph –
(a)the occupier of the specified land; and
(b)where the occupier is not also the owner of the specified land, the owner, may recover from the undertaker compensation in respect of the grant.
(8) Where in the exercise of any right conferred by such a wayleave any damage is caused to the specified land or to movables, any person interested in the specified land or movables may recover from the undertaker 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 movables he may recover from the undertaker compensation in respect of that disturbance.
(9) 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.
(10) Any question of disputed compensation under this paragraph shall be determined by the Tribunal; and section 4 of the Land Compensation Act 1961 shall apply to any such determination.
2.—(1) This paragraph applies where—
(a)a licence holder has agreed in writing with the undertaker that it is necessary or expedient to remove an electric line within the Order limits and to install and keep installed an electric line in substitution for it on, under or over specified land; and
(b)the licence holder has agreed in writing that the undertaker may seek an easement or other right in land on behalf of the licence holder in respect of the specified land.
(2) Subject to sub-paragraph (3) and (4), where a compulsory purchase order is sought by the undertaker pursuant to sub-paragraph (1), the Secretary of State may authorise the relevant licence holder to purchase compulsorily an easement or right over the specified land where the Secretary of State is satisfied that it is required for any purpose connected with the carrying on of the activities which he is authorised by his licence to carry on.
(3) Part I (paragraphs 2 onwards) and Part II of Schedule 3 of the Electricity Act 1989 shall apply in respect of powers of compulsory purchase sought pursuant to this paragraph.
(4) Unless otherwise agreed between the undertaker and the licence holder in writing, where the undertaker seeks a compulsory purchase order on behalf of a licence holder pursuant to this paragraph, the negotiation of consideration and compensation shall be undertaken by the undertaker and any consideration or compensation agreed or determined shall be payable by the undertaker and Schedule 3 of the Electricity Act 1989 as applied by this paragraph shall be interpreted accordingly.
3. In this Part of Schedule 18—
“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 and includes any garden, yard, outhouses and appurtenances belonging to or usually enjoyed with that building or part;
“licence holder” means a person holding a licence under section 6 of the Electricity Act 1989;
“necessary wayleave” means consent for the licence holder to install and keep installed the electric line on, under or over the specified land and to have access to the specified land for the purpose of inspecting, maintaining, adjusting, repairing, altering, replacing or removing the electric line;
“specified land” means the land within or outside the Order limits on, under or over which a licence holder agrees, pursuant to paragraph 1 or 2, that an electric line should be relocated in substitution for an existing electric line; and
“Tribunal” means the Upper Tribunal in relation to England and Wales.