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Local Government (Miscellaneous Provisions) Act 1976

Status:

This is the original version (as it was originally enacted).

Heating etc.

11Production and supply of heat 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 thinks 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 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 paragraph and steam produced from and air and water heated by such heat.

(2)A local authority shall not be entitled to make any arrangements with a view to the production in pursuance of this section of electricity for sale unless—

(a)the authority has had consultations about the arrangements with the Central Electricity Generating Board and with any Electricity Board proposed to be specified in the arrangements in pursuance of paragraph (b) of the following subsection ; and

(b)the arrangements are approved by the Secretary of State and are in accordance with any conditions which he attaches to his approval.

(3)Where a local authority produces electricity by virtue of this section the authority—

(a)may use any of the electricity at the installation at which it was produced and on any premises occupied by the authority in connection with the installation, but shall not use any of it elsewhere;

(b)may sell any of the electricity, on such terms as are specified in the relevant arrangements made in pursuance of the preceding subsection, to any Electricity Board which is so specified, but shall not sell or otherwise dispose of it to any other person;

and it shall be the duty of any Electricity Board so specified to buy electricity from the authority in accordance with the said arrangements.

(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 V and VI of Schedule 3 to the Water Act 1945 (which relate to the laying of mains and the breaking open of streets) 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)sections 19(4) and 21 of that Schedule (which relate to the erection of street notices and the laying of service pipes) were omitted, and in section 22 of that Schedule the words

which they are authorised to laywere omitted; and

(b)for any reference to undertakers or limits of supply there were substituted respectively a reference to the authority in question and the area of the authority; and

(c)for the reference to the special Act in section 25(4) of that Schedule there were substituted a reference to this subsection.

(6)It shall be the duty of a local authority by which an installation for producing heat is operated in pursuance of this section in any 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 it 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;

  • "Electricity Board" has the same meaning as in the Electricity Act 1947 ; and

  • " prescribed" means prescribed by regulations made by statutory instrument by the Secretary of State; and 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.

12Provisions supplementary to s. 11

(1)A local authority which supplies or proposes 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 £100, as is specified in the byelaws.

(2)Subsections (1) to (5) of section 82 of Schedule 3 to the Water Act 1945 (which relates to the entry of premises by authorised officers of water undertakers) shall have effect for the purpose of authorising the entry of premises by authorised officers of an authority which provides or proposes to provide such a supply as is mentioned in the preceding subsection as if for any reference to undertakers there were substituted a reference to the 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 authority for measuring the heat, hot air, hot water or steam supplied or to be supplied by the authority;

(b)for the words from " the special Act" onwards in paragraph (b) there were substituted the words

byelaws in force by virtue of section 12 of the Local Government (Miscellaneous Provisions) Act 1976; and

(c)for the words " the special Act" in paragraphs (c) and (d) there were substituted the words

section 11 of that Act.

(3)Building 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; and 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.

(4)The accounts of a local authority by which 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.

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