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Electricity Act 1989
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- 1989 c. 29
- SCHEDULE 4
- Protection from interference
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Changes and effects yet to be applied to Schedule 4 Crossheading Protection-from-interference:
Changes and effects
This section lists the changes and effects yet to be applied to the specific provision you are viewing.
- s. 32-32M substituted for s. 32-32C by 2008 c. 32 s. 37 38
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
Changes and effects
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
- Act power to modify conferred by 2003 c. 9 s. 2(3)
- Blanket amendment text amended by S.I. 2011/1043 art. 3 6
- Act transfer of functions by 2007 c. 17 s. 30(3)(a)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 3E inserted by S.I. 2011/2704 reg. 33
- s. 3F inserted by S.I. 2011/2704 reg. 35
- s. 5A 5B inserted by S.I. 2011/2704 reg. 21(2)
- s. 6C inserted by 2004 c. 20 s. 92
- s. 6D 6E inserted by 2008 c. 32 s. 44(2)
- s. 10A-10O and cross-heading inserted by S.I. 2011/2704 reg. 5
- s. 11B inserted by S.I. 2011/2704 reg. 43(7)
- s. 11C-11H and cross-heading inserted by S.I. 2011/2704 reg. 43(8)
- s. 32F(2) text amended by S.I. 2009/556 art. 2(2)
- s. 32I text amended by S.I. 2009/556 art. 2(3)
- s. 32K text amended by S.I. 2009/556 art. 2(4)
- s. 32M(1) text amended by S.I. 2011/984 art. 2
- s. 32BA inserted by 2004 c. 20 s. 117(1)
- s. 32BA transfer of functions by S.I. 2005/849 Sch.
- s. 36A 36B inserted by 2004 c. 20 s. 99(1)
- s. 36A transfer of functions by 2009 c. 23 s. 12
- s. 36A(1A) inserted by 2009 c. 23 s. 12(7)(8)
- s. 36A(4)-(6) applied by 2004 c. 20 s. 100(5)
- s. 36B transfer of functions by 2009 c. 23 s. 12
- s. 36B(1A) inserted by 2009 c. 23 s. 12(7)(8)
- s. 42AB inserted by 2007 c. 17 Sch. 5 para. 2(3)
- s. 44B-44D inserted by S.I. 2009/1349 reg. 3
- s. 44B cross-heading words substituted by S.I. 2011/2704 reg. 29(2)(a)
- s. 44B title words substituted by S.I. 2011/2704 reg. 29(2)(b)
- s. 44B(1)(1A) substituted for s. 44B(1) by S.I. 2011/2704 reg. 29(3)(a)
- s. 44B(2) words substituted by S.I. 2011/2704 reg. 29(3)(b)(i)
- s. 44B(2)(a)(i) words substituted by S.I. 2011/2704 reg. 29(3)(b)(ii)
- s. 44B(3) substituted by S.I. 2011/2704 reg. 29(3)(c)
- s. 44C(1) words substituted by S.I. 2011/2704 reg. 29(4)(a)
- s. 44C(2) words substituted by S.I. 2011/2704 reg. 29(4)(a)
- s. 44C(3) words substituted by S.I. 2011/2704 reg. 29(4)(a)
- s. 44C(8) substituted by S.I. 2011/2704 reg. 29(4)(b)
- s. 44D(1) words substituted by S.I. 2011/2704 reg. 29(5)(a)
- s. 44D(2) words omitted by S.I. 2011/2704 reg. 29(5)(b)
- s. 44D(4) omitted by S.I. 2011/2704 reg. 29(5)(c)
- s. 44D(5) omitted by S.I. 2011/2704 reg. 29(5)(c)
- s. 44D(6)(a) words substituted by S.I. 2011/2704 reg. 29(5)(a)
- s. 47A inserted by S.I. 2011/2704 reg. 31(3)
- s. 47ZA inserted by 2011 c. 16 s. 79
- s. 56FA-56FC inserted by 2008 c. 32 Sch. 4 para. 2
- s. 56FB(2) words substituted by 2011 c. 16 s. 73(7)
- s. 108A inserted by 2004 c. 20 s. 102(5)
- Sch. 2A inserted by 2008 c. 32 s. 44(4) Sch. 2
- Sch. 2A para. 5(5) words substituted by 2011 c. 16 s. 104(3)
- Sch. 2ZA 2ZB inserted by S.I. 2011/2704 reg. 21(3) Sch. 2
- Sch. 5A inserted by S.I. 2011/2704 reg. 43(9) Sch. 6
- Sch. 6A inserted by S.I. 2011/2704 reg. 39(5) Sch. 4
Commencement Orders yet to be applied to the Electricity Act 1989:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/766 art. 2 commences (2002 c. 40)
- S.I. 2003/1397 art. 2 commences (2002 c. 40)
- S.I. 2003/1900 art. 2 commences (2003 c. 21)
- S.I. 2003/3142 art. 2-4 commences (2002 c. 11 and 2003 c. 21)
- S.I. 2004/2184 art. 2 commences (2004 c. 20)
- S.I. 2004/2575 art. 2 Sch. 1 2 commences (2004 c. 20)
- S.I. 2005/442 art. 2 commences (2004 c. 20)
- S.I. 2005/877 art. 2 commences (2004 c. 20)
- S.I. 2005/2040 art. 2-4 commences (2004 c. 36)
- S.I. 2005/2965 art. 2-4 commences (2004 c. 20)
- S.I. 2006/1060 art. 2 commences (2004 c. 34)
- S.I. 2006/1535 art. 2 commences (2004 c. 34)
- S.I. 2006/1964 art. 2 commences (2004 c. 20)
- S.I. 2006/2541 art. 2 commences (2006 c. 16)
- S.I. 2007/538 art. 2 commences (2006 c. 19)
- S.I. 2007/1091 art. 2 commences (2004 c. 20)
- S.I. 2007/2709 art. 2-6 commences (2007 c. 15)
- S.I. 2008/2550 art. 2 Sch. commences (2007 c. 17)
- S.I. 2009/45 art. 2-4 Commencement Order
- S.I. 2009/1269 art. 2 3 commences (2004 c. 20)
- S.I. 2009/1270 art. 2 commences (2008 c. 32)
- S.I. 2010/101 art. 2-5 commences (2008 c. 29)
- S.I. 2010/298 art. 2 Sch. commences (2009 c. 23)
- S.I. 2010/1888 art. 2 commences (2008 c. 32)
- S.I. 2010/1889 art. 2 commences (2004 c. 20)
- S.I. 2010/2169 art. 3-5 commences (2010 c. 29)
- S.S.I. 2003/219 art. 2 commences (2003 asp 4)
- S.S.I. 2010/401 art. 2-4 commences (2009 asp 6)
Protection from interferenceE+W+S
5(1)Subject to sub-paragraph (2) below, a licence holder who instals or alters, or changes the mode of operation of, any electric line or electrical plant shall take all reasonable precautions for securing that the operation of that line or plant does not interfere with the operation of any telecommunication apparatus which—E+W+S
(a)is under the control of a person to whom the telecommunications code applies; and
(b)is not unusually sensitive to interference with its operation.
(2)In the case of any telecommunication apparatus which is subsequently installed or altered or whose mode of operation is subsequently changed, the duty imposed by sub-paragraph (1) above shall not apply in relation to—
(a)any momentary interference with its operation; or
(b)where it is installed in unreasonably close proximity to the electric line or electrical plant, any other interference with its operation.
(3)Sub-paragraphs (1) and (2) above shall be read as also applying in the converse case of a person to whom the telecommunications code applies who instals or alters, or changes the mode of operation of, any telecommunication apparatus, and in such a case shall have effect as if—
(a)any reference to the licence holder were a reference to that person;
(b)any reference to an electric line or electrical plant were a reference to such apparatus; and
(c)any reference to such apparatus under the control of a person to whom that code applies were a reference to such a line or such plant under the control of a licence holder.
(4)Any difference arising under this paragraph between a licence holder and a person to whom the telecommunications code applies shall be referred to arbitration by an arbitrator or, in Scotland, arbiter appointed, in default of agreement between the parties, by the President of the Chartered Institute of Arbitrators.
(5)In this paragraph “momentary interference” means any interference of momentary duration which is not a regular occurrence (whether caused by physical contact or otherwise).
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