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Electricity Act 1989

Status:

This is the original version (as it was originally enacted).

1(1)The holder of a licence under section 6(1) of this Act shall be deemed to be a statutory undertaker and his undertaking a statutory undertaking for the purposes of the following enactments, namely—

(i)section 16 of the [1925 c. 71.] Public Health Act 1925;

(ii)the [1936 c. 49.] Public Health Act 1936;

(iii)section 33 of the [1938 c. 52.] Coal Act 1938;

(iv)Schedule 3 to the [1945 c. 42.] Water Act 1945;

(v)section 4 of the [1948 c. 17.] Requisitioned Land and War Works Act 1948;

(vi)the [1948 c. 22.] Water Act 1948;

(vii)the National Parks and Access to the [1949 c. 97.] Countryside Act 1949;

(viii)the [1951 c. 65.] Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951;

(ix)the [1954 c. 56.] Landlord and Tenant Act 1954;

(x)the [1958 c. 69.] Opencast Coal Act 1958;

(xi)the [1961 c. 41.] Flood Prevention (Scotland) Act 1961;

(xii)section 17(10) of the [1961 c. 64.] Public Health Act 1961;

(xiii)the [1962 c. 58.] Pipe-lines Act 1962;

(xiv)Schedule 3 to the [1964 c. 40.] Harbours Act 1964;

(xv)Schedule 6 to the [1965 c. 36.] Gas Act 1965;

(xvi)section 10 of the [1965 c. 46.] Highlands and Islands Development (Scotland) Act 1965;

(xvii)section 40 of the [1967 c. 10.] Forestry Act 1967;

(xviii)section 50 of the [1967 c. 22.] Agriculture Act 1967;

(xix)section 38 of the [1967 c. 86.] Countryside (Scotland) Act 1967;

(xx)paragraph 6 of Schedule 2 to the [1968 c. 41.] Countryside Act 1968;

(xxi)section 22 of the [1968 c. 47.] Sewerage (Scotland) Act 1968;

(xxii)sections 22, 118(2), 127, 132, 149, 165(3), 181 to 183, 186, 192, 216, 222, 223, 225 to 241, 245(7)(a), 255, 281(6)(b) and 290(2) of, and paragraphs 1 to 3 of Schedule 19 to, the [1971 c. 78.] Town and Country Planning Act 1971;

(xxiii)sections 19, 108(2), 117, 121, 138, 154(3), 170 to 172, 175, 181, 202(3), 205, 211, 212, 214 to 230, 233(7), 242, 266(6)(b) and 275(2) of, and Schedule 8 and paragraphs 1 to 3 of Schedule 17 to, the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972;

(xxiv)paragraph 36 of Schedule 16 to the [1972 c. 70.] Local Government Act 1972;

(xxv)sections 51 and 71 of the [1973 c. 26.] Land Compensation Act 1973;

(xxvi)sections 47 and 67 of the [1973 c. 56.] Land Compensation (Scotland) Act 1973;

(xxvii)Part III of the [1974 c. 40.] Control of Pollution Act 1974;

(xxviii)section 10(4) of the [1975 c. 69.] Scottish Development Agency Act 1975;

(xxix)the [1975 c. 70.] Welsh Development Agency Act 1975;

(xxx)sections 15(3) and 26 of the [1976 c. 57.] Local Government (Miscellaneous Provisions) Act 1976;

(xxxi)the [1976 c. 75.] Development of Rural Wales Act 1976;

(xxxii)section 9(3) of the [1978 c. 50.] Inner Urban Areas Act 1978;

(xxxiii)the [1979 c. 46.] Ancient Monuments and Archaeological Areas Act 1979;

(xxxiv)Parts XII and XVI of the [1980 c. 65.] Local Government, Planning and Land Act 1980;

(xxxv)section 53 of the [1982 c. 16.] Civil Aviation Act 1982;

(xxxvi)section 30 of the [1982 c. 30.] Local Government (Miscellaneous Provisions) Act 1982;

(xxxvii)section 120 of the [1982 c. 45.] Civic Government (Scotland) Act 1982;

(xxxviii)section 2(2)(c) of the [1984 c. 38.] Cycle Tracks Act 1984;

(xxxix)the [1984 c. 55.] Building Act 1984;

(xl)section 283(2) of the [1985 c. 68.] Housing Act 1985;

(xli)paragraph 11 of Schedule 8 to the [1987 c. 27.] Housing (Scotland) Act 1987.

(2)References in the [1927 c. 36.] Landlord and Tenant Act 1927 to a statutory company shall be construed as including references to the holder of a licence under section 6(1) of this Act.

(3)In the [1939 c. 31.] Civil Defence Act 1939, references to public utility undertakers shall be construed as including references to a person who is carrying on activities which he is authorised by a licence or exemption to carry on and references to an electricity undertaking shall be construed as references to the undertaking carried on by any such person.

(4)The references in sections 73(11)(c) and 74(11)(b) of the [1980 c. 66.] Highways Act 1980 to electricity undertakers shall be construed as references to the holder of a licence under section 6(1)(a) of this Act.

(5)The holder of a licence under section 6(1) of this Act shall be deemed to be an excepted undertaker for the purposes of section 6 of the [1981 c. 12.] Water Act 1981.

(6)Paragraph 23 of Schedule 2 to the [1984 c. 12.] Telecommunications Act 1984 (undertakers' works) shall apply to a licence holder for the purposes of any works carried out by him.

(7)The reference in section 82(4) of the [1984 c. 55.] Building Act 1984 (provisions with respect to demolition orders) to a person authorised by an enactment to carry on an undertaking for the supply of electricity shall be construed as a reference to a licence holder.

(8)A licence holder shall be deemed to be a public undertaker and his undertaking a public undertaking for the purposes of section 125 of, and paragraphs 9 and 10 of Schedule 8 to, the [1987 c. 26.] Housing (Scotland) Act 1987.

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