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Electricity Act 1989

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Amendments (Textual)

F1Sch. 1 repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

SCHEDULESF1

[F2SCHEDULE 1]E+W+S+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F2Sch. 1 repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

[F3SCHEDULE 2]E+W+S+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F3Sch. 2 repealed (7.11.2000) by 2000 c. 27, s. 108, Sch. 8; S.I. 2000/2974, art. 2, Sch. (subject to transitional provisions in arts. 3-12)

Section 10(1).

SCHEDULE 3E+W+S Compulsory Acquisition of Land etc. by Licence Holders

Part I E+W+S Powers of Acquisition

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Modifications etc. (not altering text)

C2Sch. 3 Pt. I: transfer of functions to the Scottish Minster (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1

1(1)Subject to paragraph 2 below, the Secretary of State may authorise a licence holder to purchase compulsorily any land required for any purpose connected with the carrying on of the activities which he is authorised by his licence to carry on.E+W+S

(2)In this paragraph and paragraph 2 below “land” includes any right over land (other than, in Scotland, a right to abstract, divert and use water); and the power of the Secretary of State under this paragraph includes power to authorise the acquisition of rights over land by creating new rights as well as acquiring existing ones.

2(1)No order shall be made under paragraph 1 above authorising the compulsory purchase of land belonging to another licence holder except with the consent of the Director.E+W+S

(2)The Director shall not give his consent under this paragraph if—

(a)the land is being used by the licence holder to whom it belongs for the purposes of an installation necessary for the carrying on of the activities which he is authorised by his licence to carry on; or

(b)it appears to the Director that the land will be so used and that the use will commence, or any necessary planning permission or consent under section 36 or 37 of this Act will be applied for, within the period of five years beginning with the date of the application for his consent.

(3)The Secretary of State may by order provide that sub-paragraph (2) above shall have effect as if for the period mentioned in paragraph (b) there were substituted such other period as may be specified in the order.

(4)A consent under this paragraph which is not acted on within the period of six months beginning with the day on which it is granted shall cease to have effect at the end of that period.

(5)In this paragraph—

  • the Planning Act” means [F4the Town and Country Planning Act 1990]or [F5the Town and Country Planning (Scotland) Act 1997];

  • planning permission” means a planning permission granted under Part III of the Planning Act.

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Amendments (Textual)

F5Words in Sch. 3 para. 2(5) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 44(1)

3(1)This paragraph applies to land which—E+W+S

(a)for the purposes of the M9Acquisition of Land Act 1981, is or forms part of a common, open space or a fuel or field garden allotment; or

(b)for the purposes of the M10Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947, is or forms part of a common or open space.

(2)Where for any purpose a licence holder has acquired, or proposes to acquire, any land to which this paragraph applies, or any right over any such land, and other land is required for the purpose of being given in exchange for the land or right in question, the Secretary of State may authorise the licence holder to purchase that other land compulsorily, or he may acquire it by agreement.

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Marginal Citations

4Where a licence holder has acquired any land by virtue of paragraph 1 above, he shall not dispose of that land or of any interest in or right over it except with the consent of the Director.E+W+S

Part II E+W+S Procedure, Compensation etc. (England and Wales)

Application of Acquisition of Land Act 1981 generallyE+W+S

5(1)Subject to sub-paragraph (2) below, the M11Acquisition of Land Act 1981 shall apply to a compulsory purchase by a licence holder of land or rights in England and Wales; and Schedule 3 to that Act shall apply in the case of a compulsory acquisition by a licence holder of a right by the creation of a new right.E+W+S

(2)Section 16 of, and paragraph 3 of Schedule 3 to, the said Act of 1981 (statutory undertakers’ land excluded from compulsory purchase) shall not apply where the land or rights in question belong to another licence holder.

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Marginal Citations

New rights: general adaptation of Compulsory Purchase Act 1965E+W+S

6The M12Compulsory Purchase Act 1965 shall have effect with the modifications necessary to make it apply to a licence holder’s compulsory acquisition of a right in England and Wales by the creation of a new right as it applies to the compulsory acquisition of land, so that, in appropriate contexts, references in that Act to land are to be read as referring, or as including references, to the right acquired or to be acquired, or to land over which the right is or is to be exercisable, according to the requirements of the particular context.E+W+S

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Marginal Citations

New rights: specific adaptations of Act of 1965E+W+S

7Without prejudice to the generality of paragraph 6 above, Part I of the Compulsory Purchase Act 1965 shall apply in relation to a licence holder’s compulsory acquisition of a right in England and Wales by the creation of a new right with the modifications specified in paragraphs 8 to 13 below.E+W+S

8For section 7 of that Act (measure of compensation) there shall be substituted the following section—E+W+S

7In assessing the compensation to be paid by the acquiring authority under this Act regard shall be had not only to the extent (if any) to which the value of the land over which the right is to be acquired is depreciated by the acquisition of the right but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of his, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

9For subsection (1) of section 8 of that Act (protection for vendor against severance of house, garden, etc.) there shall be substituted the following subsections—E+W+S

(1)No person shall be required to grant any right over part only—

(a)of any house, building or manufactory; or

(b)of a park or garden belonging to a house,

if he is willing to sell the whole of the house, building, manufactory, park or garden, unless the Lands Tribunal determine that—

(i)in the case of a house, building or manufactory, the part over which the right is proposed to be acquired can be made subject to that right without material detriment to the house, building or manufactory; or

(ii)in the case of a park or garden, the part over which the right is proposed to be acquired can be made subject to that right without seriously affecting the amenity or convenience of the house;

and if the Lands Tribunal so determine, the Tribunal shall award compensation in respect of any loss due to the acquisition of the right, in addition to its value; and thereupon the party interested shall be required to grant to the acquiring authority that right over the part of the house, building, manufactory, park or garden.

(1A)In considering the extent of any material detriment to a house, building or manufactory, or any extent to which the amenity or convenience of a house is affected, the Lands Tribunal shall have regard not only to the right which is to be acquired over the land, but also to any adjoining or adjacent land belonging to the same owner and subject to compulsory purchase.

10The following provisions of that Act (being provisions stating the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land)—E+W+S

  • section 9(4) (refusal by owners to convey);

  • Schedule 1, paragraph 10(3) (owners under incapacity);

  • Schedule 2, paragraph 2(3) (absent and untraced owners); and

  • Schedule 4, paragraphs 2(3) and 7(2) (common land),

shall be so modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired is vested absolutely in the acquiring authority.

11Section 11 of that Act (powers of entry) shall be so modified as to secure that, as from the date on which the acquiring authority have served notice to treat in respect of any right, they have power, exercisable in the like circumstances and subject to the like conditions, to enter for the purpose of exercising that right (which shall be deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on sheriff’s warrant in the event of obstruction) shall be modified correspondingly.E+W+S

12Section 20 of that Act (protection for interests of tenants at will etc.) shall apply with the modifications necessary to secure that persons with such interests as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right in question.E+W+S

13Section 22 of that Act (protection of acquiring authority’s possession where by inadvertence an estate, right or interest has not been got in) shall be so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue entitled to exercise the right acquired, subject to compliance with that section as respects compensation.E+W+S

New rights: compensationE+W+S

14The enactments in force in England and Wales with respect to compensation for the compulsory purchase of land shall apply with the necessary modifications as respects compensation in the case of a licence holder’s compulsory acquisition of a right by the creation of a new right as they apply to compensation on the compulsory purchase of land and interests in land.E+W+S

Part III E+W+S Procedure, Compensation etc. (Scotland)

Application of Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 generallyE+W+S

15(1)Subject to sub-paragraph (2) below, the M13Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply to the compulsory purchase by a licence holder of land or rights in Scotland as if the licence holder were a local authority within the meaning of that Act, and as if this Act had been in force immediately before the commencement of that Act.E+W+S

(2)Paragraph 10 of the First Schedule to that Act (statutory undertakers’ land excluded from compulsory purchase) shall not apply where the land or rights in question belong to another licence holder.

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Modifications etc. (not altering text)

C3Sch. 3 Pt. III para. 15: transfer of certain functions (S.) (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)

Marginal Citations

New rights: general application of Act of 1947 and incorporated enactmentsE+W+S

16The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947, and the enactments incorporated with this Act by virtue of paragraph 15 above and paragraph 1 of the Second Schedule to that Act shall have effect with the modifications necessary to make them apply to a licence holder’s compulsory acquisition of a right in Scotland by the creation of a new right (other than a right to abstract, divert and use water) as they apply to the compulsory acquisition of land, so that, in appropriate contexts, references in those enactments and that Act to land are to be read as referring, or as including references, to the right acquired or to be acquired, or to land over which the right is or is to be exercisable, according to the requirements of the particular context.E+W+S

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Modifications etc. (not altering text)

C4Sch. 3 Pt. III para. 16: transfer of certain functions (S.) (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)

New rights: specific adaptations of Act of 1947E+W+S

17Without prejudice to the generality of paragraph 16 above, Part III of the First Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (requirement of special parliamentary procedure, and other special provisions, in the case of acquisition of certain descriptions of land) shall apply in relation to a licence holder’s compulsory acquisition of a right in Scotland by the creation of a new right with the modifications specified in paragraphs 18 to 23 below.E+W+S

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Modifications etc. (not altering text)

C5Sch. 3 Pt. III para. 17: transfer of certain functions (S.) (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)

18In paragraph 9 of that Schedule (compulsory purchase affecting land of the National Trust for Scotland) for references to the compulsory purchase of land there shall be substituted references to the compulsory acquisition of rights over land.E+W+S

19In paragraph 10 of that Schedule (land of statutory undertakers)—E+W+S

(a)for the words “land comprised in the order” there shall be substituted the words “land over which a right is to be acquired by virtue of the order”;

(b)for the words “purchase of” there shall be substituted the words “acquisition of a right over”;

(c)for the words “it can be purchased and not replaced” there shall be substituted the words “the right can be acquired”; and

(d)for sub-paragraph (ii) there shall be substituted the following sub-paragraph—

(ii)that any detriment to the carrying on of the undertaking, in consequence of the acquisition of the right, can be made good by the undertakers by the use of other land belonging to, or available for acquisition by, them.

20In paragraph 11 of that Schedule (common or open space), for sub-paragraph (1) there shall be substituted the following sub-paragraph—E+W+S

(1)In so far as a compulsory purchase order authorises the acquisition of a right over land forming part of a common or open space, it shall be subject to special parliamentary procedure unless the Secretary of State is satisfied—

(a)that the land, when burdened with that right, will be no less advantageous to those persons in whom it is vested and other persons, if any, entitled to rights of common or other rights, and to the public, than it was before;

(b)that there has been or will be given in exchange for the right additional land which will as respects the persons in whom there is vested the land over which the right is to be acquired, the persons, if any, entitled to rights of common or other rights over that land, and the public, be adequate to compensate them for the disadvantages which result from the acquisition of the right, and that the additional land has been or will be vested in the persons in whom there is vested the land over which the right is to be acquired, and subject to the like rights, trusts and incidents as attach to that land apart from the compulsory purchase order; or

(c)that the land affected by the right to be acquired does not exceed 250 square yards in extent, and that the giving of other land in exchange for the right is unnecessary, whether in the interests of the persons, if any, entitled to rights of common or other rights or in the interests of the public,

and certifies accordingly.

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Modifications etc. (not altering text)

C6Sch. 3 Pt. III para. 20: transfer of certain functions (S.) (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)

F621. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

F6Sch. 3 para. 21 repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

22Paragraph 3(1) of the Second Schedule to the M14Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall be so modified as to secure that, as from the date on which the licence holder has served notice to treat in respect of any right, it has power, exercisable in the like circumstances and subject to the like conditions, to enter for the purpose of exercising that right (which shall be deemed for this purpose to have been created on the date of service of the notice).E+W+S

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Marginal Citations

23For paragraph 4 of that Schedule (protection for owner against severance of property) there shall be substituted the following paragraphs—E+W+S

4No person shall be required to grant any right over part only—

(a)of any house, building or manufactory; or

(b)of a park or garden belonging to a house,

if he is willing to sell the whole of the house, building, manufactory, park or garden, unless the Lands Tribunal for Scotland determines that—

(i)in the case of a house, building or manufactory, the part over which the right is proposed to be acquired can be made subject to that right without material detriment to the house, building or manufactory; or

(ii)in the case of a park or garden, the part over which the right is proposed to be acquired can be made subject to that right without seriously affecting the amenity or convenience of the house;

and if it so determines, it shall award compensation in respect of any loss due to the acquisition of the right, in addition to its value; and thereupon the party interested shall be required to grant to the acquiring authority that right over the part of the house, building, manufactory, park or garden.

4AIn considering, for the purposes of paragraph 4 above, the extent of any material detriment to a house, building or manufactory, or any extent to which the amenity or convenience of a house is affected, the Lands Tribunal for Scotland shall have regard not only to the right which is to be acquired over the land, but also to any adjoining or adjacent land belonging to the same owner and subject to compulsory purchase.

New rights: specific adaptations of Lands Clauses Consolidation (Scotland) Act 1845E+W+S

24Without prejudice to the generality of paragraph 16 above, the M15Lands Clauses Consolidation (Scotland) Act 1845 shall apply in relation to a licence holder’s compulsory acquisition of a right in Scotland by the creation of a new right with the modifications specified in paragraphs 25 to 28 below.E+W+S

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Marginal Citations

25For section 61 of that Act (estimation of compensation) there shall be substituted the following section—E+W+S

61In estimating the purchase money or compensation to be paid by the licence holder under the special Act, in any of the cases aforesaid, regard shall be had not only to the extent (if any) to which the value of the land over which the right is to be acquired is depreciated by the acquisition of the right, but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of his, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

26The following provisions of that Act (being provisions stating the effect of a notarial instrument or of a disposition executed in various circumstances where there is no conveyance by persons with interests in the land)—E+W+S

  • section 74 (failure by owner to convey);

  • section 76 (refusal to convey or show title or owner cannot be found);

  • section 98 (vesting of common land),

shall be so modified as to secure that, as against persons with interests in the land over which the right is to be compulsorily acquired, such right is vested absolutely in the licence holder.

27Sections 114 (compensation to be made to tenants for a year etc.) and 115 (compensation where greater interest than tenant for a year) of that Act shall apply with the modifications necessary to secure that persons with such interests as are mentioned in those sections are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right in question.E+W+S

28Sections 117 (protection of promoter of undertaking where by inadvertence an interest in land has not been purchased etc.) and 118 (provisions supplementary to section 117) of that Act shall be so modified as to enable the licence holder, in circumstances corresponding to those referred to in those sections, to continue entitled to exercise the right acquired, subject to compliance with those sections as respects compensation.E+W+S

New rights: compensationE+W+S

29The enactments in force in Scotland with respect to compensation for the compulsory purchase of land shall apply as respects compensation in the case of a licence holder’s compulsory acquisition of a right by the creation of a new right (other than a right to abstract, divert and use water) as they apply to compensation on the compulsory purchase of land and interests in land.E+W+S

Section 10(1).

SCHEDULE 4E+W+S Other Powers etc. of Licence Holders

Street works etc. in England and WalesE+W

1(1)Subject to the following provisions of this paragraph, for any purpose connected with the carrying on of the activities which he is authorised by his licence to carry on, a licence holder may execute—E+W

(a)the following kinds of works, that is to say, installing under, over, in, on, along or across any street and from time to time inspecting, maintaining, adjusting, repairing, altering, replacing or removing—

(i)any electric lines or electrical plant; and

(ii)any structures for housing or covering any such lines or plant; and

(b)any works requisite for or incidental to the purposes of any works falling within paragraph (a) above, including for those purposes—

(i)opening or breaking up any street or any sewers, drains or tunnels within or under any street;

(ii)tunnelling or boring under any street; and

(iii)removing or using all earth and materials in or under any street;

but nothing in this sub-paragraph shall empower a licence holder to lay down or place any electric line or electrical plant into, through or against any building, or in any land not dedicated to the public use.

(2)The power of a licence holder under sub-paragraph (1) to place on or over a street any structure for housing any line or plant shall be [F7exercisable only with the consent of the street authority; but such consent shall not be unreasonably withheld].

(3)Any question under sub-paragraph (2) above as to whether or not a consent is unreasonably withheld shall be determined by a single arbitrator to be appointed by the parties or, in default of agreement, by the Director.

(4)Except in cases of emergency arising from faults in any electric lines or electrical plant, [F8a street which is not a maintainable highway] shall not be opened or broken up by virtue of sub-paragraph (1) above except with the consent of [F9the street authority] or the consent of the Secretary of State.

(5)The Secretary of State shall not entertain an application for his consent under sub-paragraph (4) above unless the licence holder has served notice of the application on the person whose consent would otherwise be required.

(6)A licence holder shall do as little damage as possible in the exercise of the powers conferred by sub-paragraph (1) above and shall make compensation for any damage done in the exercise of those powers.

(7)A licence holder shall exercise the powers conferred by sub-paragraph (1) above in such manner as will secure that nothing which he instals or keeps installed under, over, in, on, along or across any street becomes a source of danger to the public.

[F10(8)Nothing in sub-paragraph (1) above shall affect the application to any operation of sections 34 to 36 of the Coast Protection Act 1949.]

[F11(9)In this paragraph “maintainable highway”, “street” and “street authority” have the same meaning as in Part III of the New Roads and Street Works Act 1991.]

(10)This paragraph extends to England and Wales only.

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Amendments (Textual)

Road works etc. in ScotlandS

2(1)Subject to the following provisions of this paragraph, for any purpose connected with the carrying on of the activities which he is authorised by his licence to carry on, a licence holder may execute—S

(a)the following kinds of works, that is to say, installing under, over, in, on, along or across any road or bridge and from time to time inspecting, maintaining, adjusting, repairing, altering or removing—

(i)any electric lines or electrical plant; and

(ii)any structures for housing or covering any such lines or plant; and

(b)any works requisite for or incidental to the purposes of any works falling within paragraph (a) above, including for those purposes—

(i)opening or breaking up any road or bridge or any sewers, drains or tunnels within or under any road or bridge;

(ii)tunnelling or boring under any road; and

(iii)removing or using all earth and materials in or under any road;

but nothing in this sub-paragraph shall empower a licence holder to lay down or place any electric line or electrical plant into, through or against any building, or in any land over which there is no public right of passage.

(2)The power of a licence holder under sub-paragraph (1) above to place on or over a road or bridge any structure for housing any line or plant shall be [F12exercisable only with the consent of the road works authority; but such consent shall not be unreasonably withheld] .

(3)Any question under sub-paragraph (2) above as to whether or not a consent is unreasonably withheld shall be determined by a single arbiter to be appointed by the parties or, in default of agreement, by the Director.

(4)Except in cases of emergency arising from faults in any electric lines or electrical plant, [F13a road which is not a public road] shall not be opened or broken up by virtue of sub-paragraph (1) above except with the consent of [F14the road works authority] or the consent of the Secretary of State.

(5)The Secretary of State shall not entertain an application for his consent under sub-paragraph (4) above unless the licence holder has served notice of the application in the prescribed form on the person whose consent would otherwise be required.

(6)A licence holder shall do as little damage as possible in the exercise of the powers conferred by sub-paragraph (1) above and shall make compensation for any damage done in the exercise of those powers.

(7)A licence holder shall exercise the powers conferred by sub-paragraph (1) above in such manner as will secure that nothing which he instals or keeps installed under, over, in, on, along or across any road or bridge becomes a source of danger to the public.

[F15(8)Nothing in sub-paragraph (1) above shall affect the application to any operation of sections 34 to 36 of the Coast Protection Act 1949.]

[F16(9)In this paragraph “public road”, “road” and “road works authority” have the same meaning as in Part IV of the New Roads and Street Works Act 1991.]

(10)This paragraph extends to Scotland only.

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Amendments (Textual)

F13Words in Sch. 4 para. 2(4) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1),Sch. 8 Pt. IV para. 124(3)(a); S.I. 1992/2990, art. 2(2), SCh. 2.

Alteration of worksE+W+S

3(1)A licence holder may execute works in pursuance of paragraph 1 or 2 above, notwithstanding that they involve a temporary or permanent alteration of any of the following, namely—E+W

(a)any electric line or electrical plant under the control of another licence holder;

(b)any gas pipe [F17operated by a public gas transporter];

(c)any relevant pipe (within the meaning of [F18section 159 of the Water Resources Act 1991 or section 158 of the Water Industry Act 1991 which (whether or not it is in a street) is]) under the control of the National Rivers Authority, a water undertaker or a sewerage undertaker or, in Scotland, any water pipe under the control of a person supplying water in the exercise of statutory powers;

(d)any telecommunication apparatus used for the purposes of a telecommunication system which is operated by a person to whom the telecommunications code applies; or

(e)any system apparatus (within the meaning of Part II of the M16Road Traffic (Driver Licensing and Information Systems) Act 1989) of an operator of a driver information system who is licensed under Part II of that Act.

(2)Where a licence holder is proposing to execute works in pursuance of paragraph 1 or 2 above which involve or are likely to involve any such alteration as is mentioned in sub-paragraph (1)(a), (b) or (c) above, the following provisions of this paragraph shall apply; and in those provisions “the relevant undertaker” means the other licence holder, the [F19public gas transporter] or the person supplying water in the exercise of statutory powers, as the case may be.

(3)The licence holder shall, not less than one month before the works are commenced, give the relevant undertaker a notice specifying the nature of the licence holder’s works, the alteration or likely alteration involved and the time and place at which the works will be commenced.

(4)Sub-paragraph (3) above shall not apply in relation to any emergency works of which the licence holder gives the relevant undertaker notice as soon as practicable after commencing the works.

(5)Where a notice has been given under sub-paragraph (3) above by the licence holder to the relevant undertaker, the undertaker may within the period of seven days beginning with the giving of the notice give the licence holder a counter-notice which may state either—

(a)that the undertaker intends himself to make any alteration made necessary or expedient by the licence holder’s proposed works; or

(b)that he requires the licence holder in making any such alteration to do so under the supervision and to the satisfaction of the undertaker.

(6)Where a counter-notice given under sub-paragraph (5) above states that the relevant undertaker intends himself to make any alteration—

(a)the undertaker shall (subject to sub-paragraph (8) below) have the right, instead of the licence holder, to execute any works for the purpose of making that alteration; and

(b)any expenses incurred by the undertaker in or in connection with the execution of those works and the amount of any loss or damage sustained by the undertaker in consequence of the alteration shall be recoverable by the undertaker from the licence holder in any court of competent jurisdiction.

(7)Where a counter-notice given under sub-paragraph (5) above states that any alteration is to be made under the supervision and to the satisfaction of the relevant undertaker—

(a)the licence holder shall not make the alteration except as required by the notice or under sub-paragraph (8) below; and

(b)any expenses incurred by the undertaker in or in connection with the provision of that supervision and the amount of any loss or damage sustained by the undertaker in consequence of the alteration shall be recoverable by the undertaker from the licence holder in any court of competent jurisdiction.

(8)Where—

(a)no counter-notice is given under sub-paragraph (5) above; or

(b)the relevant undertaker, having given a counter-notice falling within that sub-paragraph, fails to make any alteration made necessary or expedient by the licence holder’s proposed works within such period (being not less than 48 hours) as the licence holder may by notice specify or, as the case may be, unreasonably fails to provide the required supervision,

the licence holder may himself execute works for the purpose of making the alteration or, as the case may be, may execute such works without the supervision of the undertaker; but in either case the licence holder shall execute the works to the satisfaction of the undertaker.

(9)If the licence holder or any of his agents—

(a)executes any works without the notice required by sub-paragraph (3) above having been given; or

(b)unreasonably fails to comply with any reasonable requirement of the relevant undertaker under this paragraph,

he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Amendments (Textual)

Marginal Citations

3(1)A licence holder may execute works in pursuance of paragraph 1 or 2 above, notwithstanding that they involve a temporary or permanent alteration of any of the following, namely—S

(a)any electric line or electrical plant under the control of another licence holder;

(b)any gas pipe [F144operated by a public gas transporter];

(c)any relevant pipe (within the meaning of Schedule 19 to the M151Water Act 1989) under the control of the National Rivers Authority, a water undertaker or a sewerage undertaker or, in Scotland, any water pipe under the control of a person supplying water in the exercise of statutory powers;

(d)any telecommunication apparatus used for the purposes of a telecommunication system which is operated by a person to whom the telecommunications code applies; or

(e)any system apparatus (within the meaning of Part II of the M152Road Traffic (Driver Licensing and Information Systems) Act 1989) of an operator of a driver information system who is licensed under Part II of that Act.

(2)Where a licence holder is proposing to execute works in pursuance of paragraph 1 or 2 above which involve or are likely to involve any such alteration as is mentioned in sub-paragraph (1)(a), (b) or (c) above, the following provisions of this paragraph shall apply; and in those provisions “the relevant undertaker” means the other licence holder, the [F145public gas transporter] or the person supplying water in the exercise of statutory powers, as the case may be.

(3)The licence holder shall, not less than one month before the works are commenced, give the relevant undertaker a notice specifying the nature of the licence holder’s works, the alteration or likely alteration involved and the time and place at which the works will be commenced.

(4)Sub-paragraph (3) above shall not apply in relation to any emergency works of which the licence holder gives the relevant undertaker notice as soon as practicable after commencing the works.

(5)Where a notice has been given under sub-paragraph (3) above by the licence holder to the relevant undertaker, the undertaker may within the period of seven days beginning with the giving of the notice give the licence holder a counter-notice which may state either—

(a)that the undertaker intends himself to make any alteration made necessary or expedient by the licence holder’s proposed works; or

(b)that he requires the licence holder in making any such alteration to do so under the supervision and to the satisfaction of the undertaker.

(6)Where a counter-notice given under sub-paragraph (5) above states that the relevant undertaker intends himself to make any alteration—

(a)the undertaker shall (subject to sub-paragraph (8) below) have the right, instead of the licence holder, to execute any works for the purpose of making that alteration; and

(b)any expenses incurred by the undertaker in or in connection with the execution of those works and the amount of any loss or damage sustained by the undertaker in consequence of the alteration shall be recoverable by the undertaker from the licence holder in any court of competent jurisdiction.

(7)Where a counter-notice given under sub-paragraph (5) above states that any alteration is to be made under the supervision and to the satisfaction of the relevant undertaker—

(a)the licence holder shall not make the alteration except as required by the notice or under sub-paragraph (8) below; and

(b)any expenses incurred by the undertaker in or in connection with the provision of that supervision and the amount of any loss or damage sustained by the undertaker in consequence of the alteration shall be recoverable by the undertaker from the licence holder in any court of competent jurisdiction.

(8)Where—

(a)no counter-notice is given under sub-paragraph (5) above; or

(b)the relevant undertaker, having given a counter-notice falling within that sub-paragraph, fails to make any alteration made necessary or expedient by the licence holder’s proposed works within such period (being not less than 48 hours) as the licence holder may by notice specify or, as the case may be, unreasonably fails to provide the required supervision,

the licence holder may himself execute works for the purpose of making the alteration or, as the case may be, may execute such works without the supervision of the undertaker; but in either case the licence holder shall execute the works to the satisfaction of the undertaker.

(9)If the licence holder or any of his agents—

(a)executes any works without the notice required by sub-paragraph (3) above having been given; or

(b)unreasonably fails to comply with any reasonable requirement of the relevant undertaker under this paragraph,

he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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Extent Information

E3This version of this provision extends to Scotland only; a separate version has been created for England and wales only.

Amendments (Textual)

Marginal Citations

4(1)Any of the following who is authorised by or under any enactment to execute works corresponding to those authorised by paragraph 1 or 2 above, namely—E+W+S

(a)any [F20public gas transporter];

(b)the [F21Environment Agency], any water undertaker or any sewerage undertaker or, in Scotland, any person supplying water in the exercise of statutory powers;

(c)any public telecommunications operator; and

(d)any operator of a driver information system who is licensed under Part II of the M17Road Traffic (Driver Licensing and Information Systems) Act 1989,

(in this paragraph referred to as a “relevant undertaker”) may execute such works, notwithstanding that they involve a temporary or permanent alteration of any electric line or electrical plant under the control of a licence holder.

(2)Where a relevant undertaker is proposing to execute any such works as are mentioned in sub-paragraph (1) above which involve or are likely to involve any such alteration as is there mentioned, sub-paragraphs (3) to (9) of paragraph 3 above shall apply as if—

(a)any reference to the licence holder were a reference to the relevant undertaker; and

(b)any reference to the relevant undertaker were a reference to the licence holder.

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Amendments (Textual)

Marginal Citations

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).

Acquisition of wayleavesE+W+S

6(1)This paragraph applies where—E+W+S

(a)for any purpose connected with the carrying on of the activities which he is authorised by his licence to carry on, it is necessary or expedient for a licence holder to instal and keep installed an electric line on, under or over any land; and

(b)the owner or occupier of the land, having been given a notice requiring him to give the necessary wayleave 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 licence holder objects;

and in this paragraph as it so applies “the necessary wayleave” means consent for the licence holder to instal and keep installed the electric line on, under or over the land and to have access to the land for the purpose of inspecting, maintaining, adjusting, repairing, altering, replacing or removing the electric line.

(2)This paragraph also applies where—

(a)for any purpose connected with the carrying on of the activities which he is authorised by his licence to carry on, it is necessary or expedient for a licence holder to keep an electric line installed on, under or over any land; and

(b)the owner or occupier of the land has given notice to the licence holder under paragraph 8(2) below requiring him to remove the electric line;

and in this paragraph as it so applies “the necessary wayleave” means consent for the licence holder to keep the electric line installed on, under or over the land and to have access to the land for the purpose of inspecting, maintaining, adjusting, repairing, altering, replacing or removing the electric line.

(3)Subject to sub-paragraphs (4) and (5) below, the Secretary of State may, on the application of the licence holder, himself grant the necessary wayleave 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.

(4)The Secretary of State shall not entertain an application under sub-paragraph (3) above in any case where—

(a)the 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 land.

(5)Before granting the necessary wayleave, the Secretary of State shall afford—

(a)the occupier of the land; and

(b)where the occupier is not also the owner of the land, the owner,

an opportunity of being heard by a person appointed by the Secretary of State.

(6)A necessary wayleave granted 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 land.

(7)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 M18Mines (Working Facilities and Support) Act 1966.

(8)In this paragraph “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 or, in relation to Scotland, a private house, and includes any garden, yard, outhouses and appurtenances belonging to or usually enjoyed with that building or part.

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Modifications etc. (not altering text)

C7Sch. 4 para. 6: transfer of certain functions (S.) (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)

Marginal Citations

Provisions supplementary to paragraph 6E+W+S

7(1)Where a wayleave is granted to a licence holder under paragraph 6 above—E+W+S

(a)the occupier of the land; and

(b)where the occupier is not also the owner of the land, the owner,

may recover from the licence holder compensation in respect of the grant.

(2)Where in the exercise of any right conferred by such a wayleave any damage is caused to land or to moveables, any person interested in the land or moveables may recover from the licence holder 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 moveables he may recover from the licence holder compensation in respect of that disturbance.

(3)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.

(4)Any question of disputed compensation under this paragraph shall be determined by the Tribunal; and sections 2 and 4 of the M19Land Compensation Act 1961 or sections 9 and 11 of the M20Land Compensation (Scotland) Act 1963 shall apply to any such determination.

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Marginal Citations

Temporary continuation of wayleavesE+W+S

8(1)This paragraph applies where at any time such a wayleave as is mentioned in paragraph 6 above (whether granted under that paragraph or by agreement between the parties)—E+W+S

(a)is determined by the expiration of a period specified in the wayleave;

(b)is terminated by the owner or occupier of the land in accordance with a term contained in the wayleave; or

(c)by reason of a change in the ownership or occupation of the land after the granting of the wayleave, ceases to be binding on the owner or occupier of the land.

(2)The owner or occupier of the land may—

(a)in a case falling within paragraph (a) of sub-paragraph (1) above, at any time after or within three months before the end of the period specified in the wayleave;

(b)in a case falling within paragraph (b) of that sub-paragraph, at any time after the wayleave has been terminated by him; or

(c)in a case falling within paragraph (c) of that sub-paragraph, at any time after becoming the owner or occupier of the land by virtue of such a change in the ownership or occupation of the land as is mentioned in that paragraph,

give to the licence holder a notice requiring him to remove the electric line from the land; but the licence holder shall not be obliged to comply with such a notice except in the circumstances and to the extent provided by the following provisions of this paragraph.

(3)Where within the period of three months beginning with the date of the notice under sub-paragraph (2) above the licence holder makes neither—

(a)an application for the grant of the necessary wayleave under paragraph 6 above; nor

(b)an order authorising the compulsory purchase of the land made by virtue of paragraph 1 of Schedule 3 to this Act,

the licence holder shall comply with the notice at the end of that period.

(4)Where—

(a)within the period mentioned in sub-paragraph (3) above the licence holder makes an application for the grant of the necessary wayleave under paragraph 6 above; and

(b)that application is refused by the Secretary of State,

the licence holder shall comply with the notice under sub-paragraph (2) above at the end of the period of one month beginning with the date of the Secretary of State’s decision or such longer period as the Secretary of State may specify.

(5)Where—

(a)within the period mentioned in sub-paragraph (3) above the licence holder makes an order by virtue of paragraph 1 of Schedule 3 to this Act authorising the compulsory purchase of the land; and

(b)that order is not confirmed by the Secretary of State,

the licence holder shall comply with the notice under sub-paragraph (2) above at the end of the period of one month beginning with the date of the Secretary of State’s decision or such longer period as the Secretary of State may specify.

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Modifications etc. (not altering text)

C8Sch. 4 para. 8: transfer of certain functions (S.) (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)

Felling and lopping of trees etc.E+W+S

9(1)This paragraph applies where any tree is or will be in such close proximity to an electric line or electrical plant which is kept installed or is being or is to be installed by a licence holder as—E+W+S

(a)to obstruct or interfere with the installation, maintenance or working of the line or plant; or

(b)to constitute an unacceptable source of danger (whether to children or to other persons);

and in this paragraph “the land” means the land on which the tree is growing.

(2)The licence holder may give notice to the occupier of the land requiring him to fell or lop the tree or cut back its roots so as to prevent it from having the effect mentioned in sub-paragraph (1)(a) or (b) above, subject to the payment to him by the licence holder of the expenses reasonably incurred by him in complying with the notice.

(3)Where the occupier is not also the owner of the land, a copy of any notice under sub-paragraph (2) above shall also be served on the owner.

(4)If within 21 days from the giving of a notice under sub-paragraph (2) above—

(a)the requirements of the notice are not complied with; and

(b)neither the owner nor occupier of the land gives a counter notice under sub-paragraph (5) below,

the licence holder may cause the tree to be felled or lopped or its roots to be cut back so as to prevent it from having the effect mentioned in sub-paragraph (1)(a) or (b) above.

(5)If, within 21 days from the giving of a notice under sub-paragraph (2) above, the owner or occupier of the land gives a counter notice to the licence holder objecting to the requirements of the notice, the matter shall, unless the counter notice is withdrawn, be referred to the Secretary of State.

(6)On a reference under sub-paragraph (5) above, the Secretary of State, after giving the parties an opportunity of being heard by a person appointed by him, may make such order as he thinks just, and any such order—

(a)may empower the licence holder (after giving such notice to any person by whom a counter notice was given of the commencement of the work as the order may direct) to cause the tree to be felled or lopped or its roots to be cut back so as to prevent it from having the effect mentioned in sub-paragraph (1)(a) or (b) above; and

(b)may determine any question as to what expenses (if any) are to be paid.

(7)Where the licence holder exercises any powers conferred under sub-paragraph (4) or (6) above, he shall—

(a)cause trees to be felled or lopped or their roots to be cut back in accordance with good arboricultural practice and so as to do as little damage as possible to trees, fences, hedges and growing crops;

(b)cause felled trees, lopped boughs or root cuttings to be removed in accordance with the directions of the owner or occupier; and

(c)make good any damage done to the land.

(8)In this paragraph “tree” includes any shrub and references to felling or lopping, felled trees or lopped boughs shall be construed accordingly.

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Modifications etc. (not altering text)

C9Sch. 4 para. 9: transfer of certain functions (S.) (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)

Entry on land for purposes of explorationE+W+S

10(1)Subject to the following provisions of this paragraph and without prejudice to any other right of entry, a person authorised in writing by a licence holder may, at any reasonable time, enter upon and survey any land for the purpose of ascertaining whether the land would be suitable for use for any purpose connected with the carrying on of the activities which the licence holder is authorised by his licence to carry on.E+W+S

(2)A person authorised to enter upon any land under this section shall not demand to do so as of right unless—

(a)14 days notice of the intended entry has been given to the occupier; and

(b)if required to do so, he has produced evidence of his authority.

(3)The powers conferred by this paragraph shall not be exercisable in relation to land which is covered by a building or will be so covered on the assumption that any planning permission which is in force is acted on.

(4)The power to survey land conferred by this paragraph includes power to search and bore for the purpose of ascertaining the nature of the subsoil; but works may not be carried out on the land for this purpose unless—

(a)notice of the proposed works is included in the notice given under sub-paragraph (2) above; and

(b)where land is held by statutory undertakers who object to the works on the ground that the carrying out of the works would be seriously detrimental to the carrying on of their undertaking, the Secretary of State gives his consent.

(5)Where any person exercises any powers conferred by this paragraph, the licence holder by whom he was authorised shall make good any damage done to the land.

(6)In this paragraph “building” includes any garden, yard, outhouses and appurtenances belonging to or usually enjoyed with a building.

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Modifications etc. (not altering text)

C10Sch. 4 para. 10(4)(b): transfer of certain functions (S.) (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)

Provisions supplementary to paragraphs 9 and 10E+W+S

11(1)Any person who intentionally obstructs a person acting in the exercise of any power conferred by or under paragraph 9 or 10 above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.E+W+S

(2)Where in the exercise of any power conferred by or under paragraph 9 or 10 above any damage is caused to land or to moveables, any person interested in the land or moveables may recover compensation in respect of that damage from the licence holder on whose behalf the power is exercised; and where in consequence of the exercise of such a power a person is disturbed in his enjoyment of any land or moveables he may recover from that licence holder compensation in respect of that disturbance.

(3)Any question of disputed compensation under sub-paragraph (2) above shall be referred to and determined by the Tribunal; and sections 2 and 4 of the M21Land Compensation Act 1961 or sections 9 and 11 of the M22Land Compensation (Scotland) Act 1963 shall apply to any such determination.

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Marginal Citations

InterpretationE+W+S

12In this Schedule—E+W+S

  • moveables” means chattels in relation to England and Wales and corporeal moveables in relation to Scotland;

  • F22. . .

  • the Planning Act” means [F23the Town and Country Planning Act 1990]or [F24the Town and Country Planning (Scotland) Act 1997];

  • planning permission” means a planning permission granted under Part III of the Planning Act;

  • [F25public gas transporter]” has the same meaning as in Part I of the M23Gas Act 1986;

  • public telecommunications operator” has the same meanings as in the M24Telecommunications Act 1984;

  • F26. . .

  • statutory undertakers” has the same meaning as in the Planning Act;

  • telecommunication apparatus” and “telecommunication system” have the same meanings as in the Telecommunications Act 1984 and “the telecommunications code” means the code contained in Schedule 2 to that Act;

  • the Tribunal” means the Lands Tribunal in relation to England and Wales and the Lands Tribunal for Scotland in relation to Scotland.

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Amendments (Textual)

F24Words in Sch. 4 para. 12 substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 44(2)

Marginal Citations

Section 10(5).

SCHEDULE 5E+W+S Water Rights for Hydro-Electric Generating Stations in Scotland

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Modifications etc. (not altering text)

C11Sch. 5: transfer of functions (S.) (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)

1In Scotland, a person who holds a licence under section 6(1)(a) of this Act may be authorised by the Secretary of State to abstract and divert from any watercourse or loch and to use such water as may be necessary for the purposes of constructing or extending a generation station wholly or mainly driven by water and of operating that generating station after such construction or extension ; but he shall do as little damage as possible in the exercise ofthe powers conferred by the authorisation and shall make compensation for any damage done in the exercise of those powers.E+W+S

2Authorisation under paragraph 1 above shall be by order and shall provide for the compulsory acquisition by the person of such rights, as regards the abstraction, diversion and use, as may be specified in the order ; and the order may contain such incidental , consequential and supplementary provisions as the Secretary of State thinks necessary or expedient.E+W+S

3Where the abstraction, diversion, and use will, in the opinion of the Secretary of State—E+W+S

(a)substantially reduce the flow of water in any watercourse, he shall in the order prescribe the extent to which and the circumstances in which water may be taken ;

(b)substantially reduce the level of water in any loch, he shall in the order either—

(i)prescribe the extent to which and the circumstances in which water may be taken ; or

(ii)prescribe the quantity of compensation water to be provided by the person ;

(c)impound any watercourse, he shall in the order prescribe the quantity of compensation order to be provided by the person.

4In this Schedule “compensation water” means a flow of water, on such conditions and by such means as the Secretary of State may specify in the order, for the benefit of riparian owners and other owners of land or salmon fishings affected by the compulsory acquisition.E+W+S

5In deciding whether to make the order or in prescribing the quantity of any compensation water to be provided under the order, the Secretary of State shall have regard to all the circumstances of the particular case, including—E+W+S

(a)the interest of public health ;

(b)the character of the watercourse or loch, and the flow, or as the case may be the level, of water in it ;

(c)the extent to which the watercourse or loch is, or may in future be, used for industrial purposes or for the purposes of any public undertaking or for fisheries, water supply, agriculture, transport and navigation ; and

(d)the effect on land drainage or on any canal or inland navigation of any alteration in the flow of water in the watercourse or level of water in the loch,

and shall secure, so far as practicable, the protection of the rights of riparian owners and of other owners of land or salmon fishings.

6Any question of disputed compensation under paragraph 1 above shall be referred to and determined by the Lands Tribunal for Scotland ; and sections 9 and 11 of the M25Land Compensation (Scotland) Act 1963 shall apply to any such determination.E+W+S

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Marginal Citations

7An applicant for authorisation under paragraph 1 above shall submit to the Secretary of State a draft of the order which he desires the Secretary of State to make and shall publish once at least in each of two successive weeks in one or more local newpapers circulating in the area affected by the proposed order a notice—E+W+S

(a)stating the general effect of the proposed order ;

(b)specifying a place, in or near the said area, where a copy of the draft order and of any relevant map or plan may be inspected by any person free of charge at all reasonable hours during a period of 28 days from the date of the first publication of the notice ; and

(c)stating that within the said period any person may by notice to the Secretary of State object to the application.

8Not later than the date on which the said notice is first published, the applicant shall serve a copy thereof—E+W

(a)along with a copy of the draft order, on—

(i)the water authority ;

(ii)the regional and district councils or the islands council ; and

(iii)the water development board,

for every area affected by the proposed order ;

(b)on the district salmon fishery board of any salmon fishery district from whic water is taken, or into which water is to be discharged, under the rights acquired, on any navigation authority exercising functions in relation to any watercourse or loch from or into which water is to be so taken or discharged, on any public undertakers known by the applicant to be authorised by any enactment to take or use water from any such watercourse or loch and on the [F27Scottish Environment Protection Agency].

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Extent Information

E2This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Amendments (Textual)

8Not later than the date on which the said notice is first published, the applicant shall serve a copy thereof—S

(a)along with a copy of the draft order, on—

(i)the water authority ; F146. . .

(ii)the [F147council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]. . . [F148; and

(iia)any National Park Authority];

(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

for every area affected by the proposed order ;

(b)on the district salmon fishery board of any salmon fishery district from whic water is taken, or into which water is to be discharged, under the rights acquired, on any navigation authority exercising functions in relation to any watercourse or loch from or into which water is to be so taken or discharged, on any public undertakers known by the applicant to be authorised by any enactment to take or use water from any such watercourse or loch and on the [F149Scottish Environment Protection Agency].

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Extent Information

E4This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Amendments (Textual)

F146Word in Sch. 5 para. 8(a)(i) omitted (S.) (8.9.2000) by virtue of 2000 asp 10, s. 36, Sch. 5 para. 14(1)(a) (with s. 32); S.I. 2000/312, art. 2

F148Sch. 5 para. 8(a)(iia) and word “; and” immediately preceding it inserted (S.) (8.9.2000) by 2000 asp 10, s. 36, Sch. 5 para. 14(1)(b) (with s. 32); S.I. 2000/312, art. 2

9The applicant shall also publish in the Edinburgh Gazette a notice stating that he is about to apply for authorisation under paragraph 1 above, naming the water authority [F28and the water development board] affected by the proposed order, specifying a place where a copy of the draft order and of any relevant map or plan may be inspected, and giving the name and date of issue of a local newspaper in which the notice explaining the effect of the order applied for will be found.E+W+S

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Amendments (Textual)

10The applicant shall, at the request of any person interested, furnish to him a copy of the draft order upon payment of a reasonable charge.E+W+S

11The Secretary of State may make an order in the terms of the draft submitted to him or in those terms as modified in such manner as he thinks fit ; but, where he proposes to make any modification and considers that persons other than the applicant to give and publish additional notices in such manner as the Secretary of State thinks best adapted for informing all persons so affected of the modification proposed.E+W+S

12If before the expiration of the 28 days referred to in paragraph 7 above or of 25 days from the publication of the said notice in the Edinburgh Gazette, or before expiration of any period specified in notices give under the last foregoing paragraph, an objection is received by the Secretary of State from any authority or board or undertakers on whom a notice is required to be served under paragraph 8 above, or from any other person appearing to him to be affected by the application, or, as the case may be, by the proposed modification, and the objection is not withdrawn, the Secretary of State, before making any order on the application, shall cause a local inquiry to be held.E+W+S

13The expenses incurred by the Secretary of State in connection with the making, notification and confirmation of any order giving authorisation under paragraph 1 above shall be paid by the applicant ; and the Secretary of State may, in a case where there are two or more applicants, apportion such expenses between them.E+W+S

14In paragraphs 7 and 8 above the expression “area affected by the proposed order” means the limits of supply of any water authority [F29, or the area of any water development board], so affected.E+W

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Amendments (Textual)

15In paragraphs 1 to 8 above “watercourse” includes all rivers, streams and passages through which water flows.E+W+S

[F30[F31Schedule 6E+W+S The electricity code

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Amendments (Textual)

F30Sch. 6 substituted (20.12.2000 for specified purposes and otherwise 1.10.2001) by 2000 c. 27, s. 51(2), Sch. 4; S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15) (as amended by S.I. 2001/1780, art. 2); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-12)

F31Sch. 6 substituted (20.12.2000 for specified purposes and otherwise 1.10.2001) by 2000 c. 27, s. 51(2), Sch. 4; S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15) (as amended by S.I. 2001/1780, art. 2); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-12)

F32 Suppliers’ charges relating to meters for disabled personsE+W+S

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Amendments (Textual)

F32Sch. 6 substituted (20.12.2000 for specified purposes and otherwise 1.10.2001) by 2000 c. 27, s. 51(2), Sch. 4; S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15) (as amended by S.I. 2001/1780, art. 2); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-12)

F331(1)Where an electricity supplier, for the purpose of meeting the needs of a disabled person—E+W+S

(a)alters the position of any electricity meter provided by him for a customer of his; or

(b)replaces such a meter with one which has been specially adapted,

the supplier shall not charge the customer for the alteration or replacement.

(2)Section 23 applies to any dispute arising under this paragraph.

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Amendments (Textual)

F33Sch. 6 substituted (20.12.2000 for specified purposes and otherwise 1.10.2001) by 2000 c. 27, s. 51(2), Sch. 4; S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15) (as amended by S.I. 2001/1780, art. 2); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-12)

F34 Non-payment of suppliers’ chargesE+W+S

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Amendments (Textual)

F34Sch. 6 substituted (20.12.2000 for specified purposes and otherwise 1.10.2001) by 2000 c. 27, s. 51(2), Sch. 4; S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15) (as amended by S.I. 2001/1780, art. 2); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-12)

F352(1)Where a customer has not, within the requisite period, paid all charges due from him to an electricity supplier in respect of the supply of electricity to any premises or the provision of an electricity meter, the supplier may—E+W+S

(a)install a pre-payment meter on the premises; or

(b)disconnect the premises,

and the supplier may recover any expenses incurred in so doing from the customer.

(2)The power of a supplier under sub-paragraph (1)(a) or (b) may not be exercised—

(a)as respects any amount which is genuinely in dispute (disregarding for this purpose a dispute under section 39 or regulations made under it); and

(b)unless not less than seven working days’ notice has been given to the occupier of the premises (or the owner of the premises if they are unoccupied) of his intention to exercise it.

(3)In this paragraph the “requisite period” means the period of 28 days after the making by the supplier of a demand in writing for payment of the charges due.

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Amendments (Textual)

F35Sch. 6 substituted (20.12.2000 for specified purposes and otherwise 1.10.2001) by 2000 c. 27, s. 51(2), Sch. 4; S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15) (as amended by S.I. 2001/1780, art. 2); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-12)

F36 Deemed contracts in certain casesE+W+S

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Amendments (Textual)

F36Sch. 6 substituted (20.12.2000 for specified purposes and otherwise 1.10.2001) by 2000 c. 27, s. 51(2), Sch. 4; S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15) (as amended by S.I. 2001/1780, art. 2); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-12)

F373(1)Where an electricity supplier supplies electricity to any premises otherwise than in pursuance of a contract, the supplier shall be deemed to have contracted with the occupier (or the owner if the premises are unoccupied) for the supply of electricity as from the time (“the relevant time”) when he began so to supply electricity.E+W+S

(2)Where—

(a)the owner or occupier of any premises takes a supply of electricity which has been conveyed to those premises by an electricity distributor;

(b)that supply is not made by an authorised supplier; and

(c)a supply of electricity so conveyed has been previously made by an electricity supplier,

the owner or occupier shall be deemed to have contracted with the appropriate supplier for the supply of electricity as from the time (“the relevant time”) when he began to take such a supply.

(3)Nothing in sub-paragraph (2) shall be taken to afford a defence in any criminal proceedings.

(4)The Authority shall publish a document containing provision for determining the “appropriate supplier” for the purposes of sub-paragraph (2).

(5)The Authority may revise the current document published under sub-paragraph (4); and where it does so it shall publish the revised document.

(6)The express terms and conditions of a contract which, by virtue of sub-paragraph (1) or (2), is deemed to have been made shall be provided for by a scheme made under this paragraph.

(7)Each electricity supplier shall make (and may from time to time revise), a scheme for determining the terms and conditions which are to be incorporated in the contracts which, by virtue of sub-paragraph (1) or (2), are to be deemed to have been made.

(8)The terms and conditions so determined may include terms and conditions for enabling the electricity supplier to determine, in any case where the meter is not read immediately before the relevant time, the quantity of electricity which is to be treated as supplied by the supplier to the premises, or taken by the owner or occupier of the premises, during the period beginning with the relevant time and ending with—

(a)the time when the meter is first read after the relevant time; or

(b)the time when the supplier ceases to supply electricity to the premises, or the owner or occupier ceases to take a supply of electricity,

whichever is the earlier.

(9)A scheme under this paragraph may (subject to section 7B) make different provision for different cases or classes of cases, or for different areas, determined by, or in accordance with, the provisions of the scheme.

(10)As soon as practicable after an electricity supplier makes a scheme under this paragraph, or a revision of such a scheme, he shall—

(a)publish, in such manner as he considers appropriate for bringing it to the attention of persons likely to be affected by it, a notice stating the effect of the scheme or revision;

(b)send a copy of the scheme or revision to the Authority and to the Council; and

(c)if so requested by any other person, send such a copy to that person without charge to him.

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Amendments (Textual)

F37Sch. 6 substituted (20.12.2000 for specified purposes and otherwise 1.10.2001) by 2000 c. 27, s. 51(2), Sch. 4; S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15) (as amended by S.I. 2001/1780, art. 2); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-12)

F38 Supplies of electricity illegally takenE+W+S

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Amendments (Textual)

F38Sch. 6 substituted (20.12.2000 for specified purposes and otherwise 1.10.2001) by 2000 c. 27, s. 51(2), Sch. 4; S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15) (as amended by S.I. 2001/1780, art. 2); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-12)

F394(1)Where any person takes a supply of electricity which is in the course of being conveyed by an electricity distributor, the distributor shall be entitled to recover from that person the value of the electricity so taken.E+W+S

(2)Where—

(a)any person at premises at which a connection has been restored in contravention of paragraph 5(1) takes a supply of electricity which has been conveyed to those premises by an electricity distributor; and

(b)the supply is taken otherwise than in pursuance of a contract made with an authorised supplier, or of a contract deemed to have been made with an electricity supplier by virtue of paragraph 3 above or paragraph 23 (former tariff customers) of Schedule 7 to the Utilities Act 2000,

the distributor shall be entitled to recover from that person the value of the electricity so taken.

(3)Each electricity distributor shall make, and from time to time revise, a scheme providing for the manner in which, and the persons by whom, the quantity of electricity taken in such circumstances as are mentioned in sub-paragraph (1) or (2) is to be determined for the purposes of that sub-paragraph.

(4)Sub-paragraphs (9) and (10) of paragraph 3 shall apply in relation to a scheme under this paragraph as they apply in relation to a scheme under that paragraph.

(5)In this paragraph “value”, in relation to any electricity taken in such circumstances as are mentioned in sub-paragraph (1) or (2), means the amount which, if the electricity had been taken in such circumstances as are mentioned in sub-paragraph (2) of paragraph 3, could reasonably be expected to have been payable in respect of the electricity under a contract deemed to have been made by virtue of that sub-paragraph.

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Amendments (Textual)

F39Sch. 6 substituted (20.12.2000 for specified purposes and otherwise 1.10.2001) by 2000 c. 27, s. 51(2), Sch. 4; S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15) (as amended by S.I. 2001/1780, art. 2); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-12)

F40 Restoration of connection without consentE+W+S

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Amendments (Textual)

F40Sch. 6 substituted (20.12.2000 for specified purposes and otherwise 1.10.2001) by 2000 c. 27, s. 51(2), Sch. 4; S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15) (as amended by S.I. 2001/1780, art. 2); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-12)

F415(1)Where, otherwise than in the exercise of a power conferred by regulations under section 29, premises have been disconnected by an electricity supplier or an electricity distributor, no person shall, without the consent of the supplier or, as the case may be, the distributor, restore the connection.E+W+S

(2)A person who acts in contravention of this paragraph shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3)A connection restored in contravention of this paragraph may be disconnected by the distributor to whose distribution system the connection is made or, if the original disconnection was carried out by an electricity supplier, by that supplier.

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Amendments (Textual)

F41Sch. 6 substituted (20.12.2000 for specified purposes and otherwise 1.10.2001) by 2000 c. 27, s. 51(2), Sch. 4; S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15) (as amended by S.I. 2001/1780, art. 2); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-12)

F42 Damage to electrical plant etc.E+W+S

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Amendments (Textual)

F42Sch. 6 substituted (20.12.2000 for specified purposes and otherwise 1.10.2001) by 2000 c. 27, s. 51(2), Sch. 4; S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15) (as amended by S.I. 2001/1780, art. 2); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-12)

F436(1)A person who intentionally or by culpable negligence damages or allows to be damaged—E+W+S

(a)any electric line or electrical plant provided by an electricity distributor; or

(b)any electricity meter provided by an electricity supplier,

shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2)Where an offence has been committed under sub-paragraph (1) by the occupier of any premises (or by the owner of the premises if they are unoccupied when the offence is committed) in relation to any electric line or electrical plant provided by an electricity distributor for making or maintaining a connection to the premises, the distributor may disconnect the premises.

(3)Where an offence has been committed under sub-paragraph (1) in relation to an electricity meter provided by an electricity supplier which is situated on any premises, by the occupier (or by the owner of the premises if they are unoccupied when the offence is committed), the supplier may disconnect the premises and may remove the meter.

(4)A meter removed under sub-paragraph (3) shall be kept safely by the supplier until the Authority authorises its destruction or disposal.

(5)The distributor or supplier shall not be under any obligation to reconnect (and in the case of a supplier to restore the supply to) any premises disconnected under sub-paragraph (2) or (3) until—

(a)the offender is no longer the occupier or, as the case may be, the owner of the premises; or

(b)the matter in consequence of which the premises were disconnected has been remedied.

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Amendments (Textual)

F43Sch. 6 substituted (20.12.2000 for specified purposes and otherwise 1.10.2001) by 2000 c. 27, s. 51(2), Sch. 4; S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15) (as amended by S.I. 2001/1780, art. 2); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-12)

F44 Entry during continuance of connection or supplyE+W+S

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Amendments (Textual)

F44Sch. 6 substituted (20.12.2000 for specified purposes and otherwise 1.10.2001) by 2000 c. 27, s. 51(2), Sch. 4; S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15) (as amended by S.I. 2001/1780, art. 2); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-12)

F457(1)Any officer or other person authorised by an electricity distributor may at all reasonable times enter any premises to which the distributor is maintaining a connection, for the purpose of inspecting any electric line or electrical plant provided by him.E+W+S

(2)Any officer or other person authorised by an electricity supplier may at all reasonable times enter any premises to which electricity is being supplied by him for the purpose of—

(a)ascertaining the register of any electricity meter and, in the case of a pre-payment meter, removing any money or tokens belonging to the supplier;

(b)removing, inspecting or re-installing any electricity meter or installing any substitute meter.

(3)The supplier shall provide a substitute meter while a meter is removed under sub-paragraph (2)(b).

(4)Where an electricity supplier is authorised by paragraph 2(1) to install a pre-payment meter on any premises, any officer or other person authorised by the supplier may at all reasonable times enter the premises for the purpose of installing such a meter.

(5)A power of entry for the purpose of removing or installing an electricity meter may not be exercised unless at least two working days’ notice has been given to the occupier (or the owner of the premises if they are unoccupied).

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Amendments (Textual)

F45Sch. 6 substituted (20.12.2000 for specified purposes and otherwise 1.10.2001) by 2000 c. 27, s. 51(2), Sch. 4; S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15) (as amended by S.I. 2001/1780, art. 2); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-12)

F46 Entry on discontinuance of supply or connectionE+W+S

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Amendments (Textual)

F46Sch. 6 substituted (20.12.2000 for specified purposes and otherwise 1.10.2001) by 2000 c. 27, s. 51(2), Sch. 4; S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15) (as amended by S.I. 2001/1780, art. 2); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-12)

F478(1)Where an electricity supplier or an electricity distributor is authorised by paragraph 6(2) or (3) above or paragraph 11(3) of Schedule 7 to this Act—E+W+S

(a)to disconnect any premises; or

(b)to remove an electricity meter,

any officer or other person authorised by the supplier or distributor may at all reasonable times enter the premises for the purpose of disconnecting the premises or removing the meter.

(2)Where—

(a)an electricity distributor is authorised by any provision of this Act (other than one mentioned in sub-paragraph (1)) or of regulations made under it to disconnect any premises;

(b)a person occupying premises which are connected to a distribution system of an electricity distributor ceases to require a connection; or

(c)a person entering into occupation of any premises connected to a distribution system of an electricity distributor does not require such a connection,

any officer or other person authorised by the distributor may at all reasonable times enter the premises for the purpose of disconnecting the premises or removing any electrical plant or electric line provided by the distributor.

(3)Where—

(a)an electricity supplier is authorised by any provision of this Act (other than one mentioned in sub-paragraph (1)), or of regulations made under it, to disconnect any premises or to discontinue the supply to any premises;

(b)a person occupying premises which are supplied with electricity by an electricity supplier ceases to require such a supply; or

(c)a person entering into occupation of any premises previously supplied with electricity by an electricity supplier does not require such a supply;

any officer or other person authorised by the supplier may at all reasonable times enter the premises for the purpose of disconnecting the premises or removing any electricity meter provided by the supplier.

(4)A power of entry under sub-paragraph (2) or (3) may not be exercised unless at least two working day’s notice has been given to the occupier (or to the owner of the premises if they are unoccupied).

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Amendments (Textual)

F47Sch. 6 substituted (20.12.2000 for specified purposes and otherwise 1.10.2001) by 2000 c. 27, s. 51(2), Sch. 4; S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15) (as amended by S.I. 2001/1780, art. 2); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-12)

F48 Entry for replacing, repairing or altering lines or plantE+W+S

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Amendments (Textual)

F48Sch. 6 substituted (20.12.2000 for specified purposes and otherwise 1.10.2001) by 2000 c. 27, s. 51(2), Sch. 4; S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15) (as amended by S.I. 2001/1780, art. 2); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-12)

F499(1)Any officer or other person authorised by an electricity distributor may at all reasonable times enter any premises for the purpose of—E+W+S

(a)placing a new electric line or any new electrical plant in the place of or in addition to any existing line or plant which has already been lawfully placed; or

(b)repairing or altering any such existing line or plant.

(2)A power of entry under sub-paragraph (1) may not be exercised unless at least five working days’ notice has been given to the occupier of any premises (or to the owner of the premises if they are unoccupied).

(3)In the case of emergency arising from faults in an electric line or any electrical plant entry may be made under sub-paragraph (1) above without the notice required by sub-paragraph (2), but notice shall then be given as soon as possible after the occurrence of the emergency.

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Amendments (Textual)

F49Sch. 6 substituted (20.12.2000 for specified purposes and otherwise 1.10.2001) by 2000 c. 27, s. 51(2), Sch. 4; S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15) (as amended by S.I. 2001/1780, art. 2); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-12)

F50 Provisions as to powers of entryE+W+S

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Amendments (Textual)

F50Sch. 6 substituted (20.12.2000 for specified purposes and otherwise 1.10.2001) by 2000 c. 27, s. 51(2), Sch. 4; S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15) (as amended by S.I. 2001/1780, art. 2); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-12)

F5110(1)The M26Rights of Entry (Gas and Electricity Boards) Act 1954 (entry under a justice’s warrant) shall apply in relation to the powers of entry conferred by this Schedule.E+W+S

(2)Any reference in this Schedule to an officer or other person authorised by an electricity supplier or an electricity distributor includes a reference to a person who, in accordance with a written authority given by the supplier or distributor to an agent of the supplier or distributor, is authorised by the agent on behalf of the supplier or distributor.

(3)Where in pursuance of any power of entry conferred by this Schedule, entry is made on any premises by a person authorised to do so—

(a)that person shall ensure that the premises are left no less secure by reason of the entry; and

(b)the supplier or distributor shall make good, or pay compensation for, any damage caused by that person (or by any other person accompanying him under sub-paragraph (5)) in entering the premises, in taking any action on the premises or in making them secure.

(4)A person may only exercise a power of entry conferred by this Schedule on production of some duly authenticated document showing his authority.

(5)Any person exercising a power of entry conferred by this Schedule may be accompanied by such other persons as may be necessary or expedient for the purpose for which the entry is made or for the purposes of sub-paragraph (3)(a) or (b) above.

(6)A person who intentionally obstructs a person exercising powers of entry conferred by this Schedule shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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Amendments (Textual)

F51Sch. 6 substituted (20.12.2000 for specified purposes and otherwise 1.10.2001) by 2000 c. 27, s. 51(2), Sch. 4; S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15) (as amended by S.I. 2001/1780, art. 2); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-12)

Marginal Citations

F52 Electrical plant etc. not to be subject to distressE+W+S

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Amendments (Textual)

F52Sch. 6 substituted (20.12.2000 for specified purposes and otherwise 1.10.2001) by 2000 c. 27, s. 51(2), Sch. 4; S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15) (as amended by S.I. 2001/1780, art. 2); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-12)

F5311(1)This paragraph applies to any electric line, electrical plant or electricity meter belonging to or provided by an electricity distributor or electricity supplier which is marked or impressed with a sufficient mark or brand indicating an electricity supplier or electricity distributor as the owner or provider thereof.E+W+S

(2)Anything to which this paragraph applies—

(a)shall be deemed not to be landlord’s fixtures, notwithstanding that they may be fixed or fastened to any part of any premises; and

(b)shall not in England and Wales be subject to distress or be liable to be taken in execution under process of any court or any proceedings in bankruptcy against the person in whose possession they may be.]]

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Amendments (Textual)

F53Sch. 6 substituted (20.12.2000 for specified purposes and otherwise 1.10.2001) by 2000 c. 27, s. 51(2), Sch. 4; S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15) (as amended by S.I. 2001/1780, art. 2); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-12)

Section 31.

SCHEDULE 7E+W+S Use etc. of Electricity Meters

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Modifications etc. (not altering text)

C12Sch. 7 modified (1.11.1995) by S.I. 1995/2607, reg. 3(1)

Consumption to be ascertained by appropriate meterE+W+S

1(1)Where a customer of an [F54authorised supplier] is to be charged for his supply wholly or partly by reference to the quantity of electricity supplied, the supply shall be given through, and the quantity of electricity shall be ascertained by, an appropriate meter.E+W+S

[F55(1A)An authorised supplier may give a supply otherwise than through an appropriate meter in such circumstances as may be prescribed.]

[F56(2)If the [F54authorised supplier] agrees, the meter may be provided by the customer [F57(who may provide a meter which belongs to him or is made available otherwise than in pursuance of arrangements made by the supplier)]; but otherwise it shall be provided by the [F54authorised supplier][F58(who may provide a meter which belongs to him or to any person other than the customer)].

(2A)[F59An authorised supplier] may refuse to allow one of his customers to provide a meter only if there are reasonable grounds for his refusal.]

(3)The meter shall be installed on the customer’s premises in a position determined by the [F54authorised supplier], unless in all the circumstances it is more reasonable to place it outside those premises or in some other position.

(4)The [F54authorised supplier] may require the replacement of any meter provided and installed in accordance with sub-paragraphs (2) and (3) above where its replacement—

(a)is necessary to secure compliance with this Schedule or any regulations made under it; or

(b)is otherwise reasonable in all the circumstances;

and any replacement meter shall be provided and installed in accordance with those sub-paragraphs.

(5)If the customer refuses or fails to take his supply through an appropriate meter provided and installed in accordance with sub-paragraphs (2) and (3) above, the supplier may refuse to give or may discontinue the supply.

(6)For the purposes of this paragraph a meter is an appropriate meter for use in connection with any particular supply if it is of a pattern or construction which, having regard to the terms on which the supply is to be charged for, is particularly suitable for such use.

(7)Section 23 of this Act shall apply in relation to any dispute arising under this paragraph between [F60an electricity supplier] and a customer F61. . ..

(8)Pending the determination under section 23 of this Act of any dispute arising under this paragraph, the meter and its provision and installation shall be such as the Director may direct; and directions under this sub-paragraph may apply either in cases of particular descriptions or in particular cases.

(9)Part I of this Act shall apply as if any duty or other requirement imposed on [F60an electricity supplier] by directions under sub-paragraph (8) above were imposed by directions under section 23 of this Act.

(10)In this Schedule “exempt supply” means a supply of electricity to any premises where—

(a)the premises are not premises used wholly or mainly for domestic purposes; or

(b)the [F54authorised supplier] or the customer is a person authorised by an exemption to supply electricity to those premises.

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Amendments (Textual)

F54Words in Sch. 7 paras. 1(1)-(4)(10)(b) substituted (1.10.2001) by 2000 c. 27, s. 52, Sch. 5 para. 2(1); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

F55Sch. 7 para. 1(1A) inserted (16.5.2001 for certain purposes and otherwise 1.10.2001) by 2000 c. 27, s. 52, Sch. 5 para. 3(2); S.I. 2001/1781, art. 2, Sch. (subject to transitional provisions in arts. 3-10); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

F56Sch. 7 para. 1(2)(2A) substituted (1.7.1992) for para. 1(2) by Competition and Service (Utilities) Act 1992 (c. 43), s. 56(6), Sch. 1 para. 16; Commencement Order No. 1 made on 29.5.1992, art. 3, Sch. Pt. I

F57Words in Sch. 7 para. 1(2) inserted (1.10.2001) by 2000 c. 27, s. 52, Sch. 5 para. 3(3)(a); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

F58Words in Sch. 7 para. 1(2) substituted (1.10.2001) by 2000 c. 27, s. 52, Sch. 5 para. 3(3)(b); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

F59Words in Sch. 7 para. 1(2A) substituted (1.10.2001) by 2000 c. 27, s. 52, Sch. 5 para. 3(4); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

F60Words in Sch. 7 para. 1(7)(9) substituted (1.10.2001) by 2000 c. 27, s. 52, Sch. 5 para. 3(5); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

F61Words in Sch. 7 para. 1(7) repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

Restrictions on use of metersE+W+S

2(1)No meter shall be used for ascertaining the quantity of electricity supplied by an [F62authorised supplier] to a customer unless the meter—E+W+S

(a)is of an approved pattern or construction and is installed in an approved manner; and

(b)subject to sub-paragraph (2) below, is certified under paragraph 5 below;

and in this Schedule “approved” means approved by or under regulations made under this paragraph.

(2)Paragraph (b) of sub-paragraph (1) above shall not apply to a meter used in connection with an exempt supply if the [F62authorised supplier] and the customer have agreed in writing to dispense with the requirements of that paragraph.

(3)Regulations under this paragraph may provide—

(a)for determining the fees to be paid for approvals given by or under the regulations;

(b)for revoking an approval so given to any particular pattern or construction of meter and requiring meters of that pattern or construction which have been installed to be replaced with meters of an approved pattern or construction within a prescribed period;

(c)for revoking an approval so given to any particular manner of installation and requiring meters which have been installed in that manner to be installed in an approved manner within such a period;

and may make different provision for meters of different descriptions or for meters used or intended to be used for different purposes.

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Amendments (Textual)

F62Words in Sch. 7 para. 2(1)(2) substituted (1.10.2001) by 2000 c. 27, s. 52, Sch. 5 para. 2(1); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

3(1)If an [F63authorised supplier] supplies electricity through a meter which is used for ascertaining the quantity of electricity supplied and—E+W+S

(a)is not of an approved pattern or construction or is not installed in an approved manner; or

(b)in the case of a meter to which paragraph 2(1)(b) above applies, is not certified under paragraph 5 below,

he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

[F64(1A)Regulations under paragraph 1(1A) may provide for this paragraph not to apply in such circumstances as may be prescribed (being circumstances in which an authorised supplier is not required to supply electricity through an appropriate meter).]

(2)Where the commission by any person of an offence under this paragraph is due to the act or default of some other person, that other person shall be guilty of the offence; and a person may be charged with and convicted of the offence by virtue of this sub-paragraph whether or not proceedings are taken against the first-mentioned person.

(3)In any proceedings in respect of an offence under this paragraph it shall be a defence for the person charged to prove that he took all reasonable steps and exercised all due diligence to avoid committing the offence.

(4)No proceedings shall be instituted in England and Wales in respect of an offence under this paragraph except by or on behalf of the Director.

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Amendments (Textual)

F63Words in Sch. 7 para. 3(1) substituted (1.10.2001) by 2000 c. 27, s. 52, Sch. 5 para. 2(1); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

F64Sch. 7 para. 3(1A) inserted (16.5.2001 for certain purposes and otherwise 1.10.2001) by 2000 c. 27, s. 52, Sch. 5 para. 4; S.I. 2001/1781, art. 2, Sch. (subject to transitional provisions in arts. 3-10); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

Meter examinersE+W+S

4(1)The Director shall appoint competent and impartial persons as meter examiners for the purposes of this Schedule.E+W+S

(2)There shall be paid out of money provided by Parliament to meter examiners such remuneration and such allowances as may be determined by the Director with the approval of the Treasury; and such pensions as may be so determined may be paid out of money provided by Parliament to or in respect of such examiners.

(3)All fees payable in respect of the examination of meters by meter examiners shall be paid to the Director; and any sums received by him under this sub-paragraph shall be paid into the Consolidated Fund.

Certification of metersE+W+S

5(1)Subject to sub-paragraph (2) below, a meter may be certified—E+W+S

(a)by a meter examiner appointed under paragraph 4 above; or

(b)by a person who is authorised to certify meters of that description by or under regulations made under this paragraph;

and in this paragraph “examiner” means a meter examiner or a person so authorised.

(2)No meter shall be certified unless the examiner is satisfied—

(a)that the meter is of an approved pattern or construction; and

(b)that the meter conforms to such standards (including standards framed by reference to margins of error) as may be prescribed;

and references in this Schedule to prescribed margins of error shall be construed accordingly.

(3)An examiner may certify any meter submitted to him, notwithstanding that he has not himself examined or tested it, if—

(a)the meter is submitted to him by F65. . . a person authorised by the Director for the purposes of this sub-paragraph;

(b)the meter is accompanied by a report stating that the meter has been examined and tested by the person submitting it and containing such other information as may be prescribed;

(c)the examiner considers that the report indicates that the meter is entitled to be certified;

(d)the meter is one of a number submitted at the same time by the same person,

and the examiner has himself examined and tested as many of those meters as he may consider sufficient to provide a reasonable test of all of them.

(4)Regulations under this paragraph may make different provision for meters of different descriptions or for meters used or intended to be used for different purposes and may include provision—

(a)for the termination of certification in the case of meters which no longer conform to the prescribed standards and in such other cases as may be prescribed;

(b)for determining the fees to be paid for examining, testing and certifying meters, and the persons by whom they are to be paid; and

(c)as to the procedure to be followed in examining, testing and certifying meters.

(5)Regulations under this paragraph above may also include provision—

(a)for determining the fee to be paid in respect of any authorisation under sub-paragraph (1) or (3) above;

(b)for imposing conditions on any such authorisation; and

(c)for withdrawing any such authorisation before the end of any period for which it is given if any of those conditions is not satisfied.

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Amendments (Textual)

F65Words in Sch. 7 para. 5(3)(a) repealed (1.10.2001) by 2000 c. 27, ss. 52, 108, Sch. 5 para. 5, Sch. 8; S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

Apparatus for testing etc. of metersE+W+S

6(1)It shall be the duty of a person to whom this paragraph applies, that is to say, F66. . . a person authorised by the Director for the purposes of paragraph 5(3) above—E+W+S

(a)to provide and maintain such apparatus for the examination, testing and regulation of meters, and such apparatus for the sealing and unsealing of meters, as may be specified by a direction of the Director;

(b)to use apparatus so provided and maintained to carry out such examination, testing and regulation of meters, or to seal or unseal meters in such circumstances, as may be so specified; and

(c)to keep such records and make such reports of things done in pursuance of paragraph (b) above as may be so specified.

(2)It shall also be the duty of a person to whom this paragraph applies to afford to meter examiners, acting in the exercise of their functions under this Schedule, all necessary facilities for the use of apparatus provided and maintained in pursuance of sub-paragraph (1) above.

(3)If the Director considers that any person to whom this paragraph applies has made satisfactory arrangements whereby apparatus provided by some other person is available for the examination, testing or regulation of the first mentioned person’s meters, the Director may direct that this paragraph shall not apply to that person to such extent as may be specified in the direction.

(4)Any two or more persons to whom this paragraph applies may with the approval of the Director enter and carry into effect arrangements whereby apparatus provided by one or more of the parties is to be available to all or any of them for the purposes of fulfilling their obligations under this paragraph.

F67(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F66Words in Sch. 7 para. 6(1) repealed (1.10.2001) by 2000 c. 27, ss. 52, 108, Sch. 5 para. 6(a), Sch. 8; S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

F67Sch. 7 para. 6(5) repealed (1.10.2001) by 2000 c. 27, ss. 52, 108, Sch. 5 para. 6(b), Sch. 8; S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

Testing etc. of metersE+W+S

7(1)It shall be the duty of a meter examiner, on being required to do so by any person and after giving notice to such persons as may be prescribed—E+W+S

(a)to examine and test any meter used or intended to be used for ascertaining the quantity of electricity supplied to any premises;

(b)to determine whether it is of an approved pattern or construction and, if it is installed for use, whether it is installed in an approved manner;

(c)to determine whether it is in proper order for ascertaining the quantity of electricity supplied within the prescribed margins of error and, if it has been in use and there is a dispute as to whether it registered correctly at any time, to determine if possible whether it registered within those margins at that time; and

(d)to make a written report of his conclusions as to the matters mentioned in paragraphs (b) and (c) above.

(2)If a meter examiner determines that a meter is, or was at any time, operating outside the prescribed margins of error, he shall if possible give an opinion as to—

(a)any period for which the meter has or may have been so operating; and

(b)the accuracy (if any) with which it was or may have been operating for any such period.

(3)Regulations under this paragraph may make provision for determining the fees to be paid for examining and testing meters, and the persons by whom and the circumstances in which they are to be paid.

(4)In relation to a meter used or intended to be used in connection with an exempt supply, this paragraph shall have effect as if any reference to the prescribed margins of error included a reference to any margins of error agreed between the [F68authorised supplier] and the customer (in this Schedule referred to as “agreed margins of error”).

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Amendments (Textual)

F68Words in Sch. 7 para. 7(4) substituted (1.10.2001) by 2000 c. 27, s. 52, Sch. 5 para. 2(1); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

8(1)This paragraph applies where there is a genuine dispute as to the accuracy of a meter used for ascertaining the quantity of electricity supplied to any premises and notice of the dispute—E+W+S

(a)is given to the [F69authorised supplier] by the customer, or to the customer by the [F69authorised supplier]; or

(b)is given to the [F69authorised supplier] and to the customer by any other person interested.

(2)Except with the approval of a meter examiner and, if he so requires, under his supervision, the meter shall not be removed or altered by the supplier or the customer until after the dispute is resolved by agreement or the meter is examined and tested under paragraph 7 above, whichever first occurs.

(3)If the supplier or the customer removes or alters the meter in contravention of sub-paragraph (2) above, he shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

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Amendments (Textual)

F69Words in Sch. 7 para. 8(1)(a)(b) substituted (1.10.2001) by 2000 c. 27, s. 52, Sch. 5 para. 2(1); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

Presumptions and evidenceE+W+S

9(1)This paragraph applies to meters used for ascertaining the quantity of electricity supplied to any premises.E+W+S

(2)The register of a meter to which this paragraph applies shall be admissible in any proceedings as evidence of the quantity of electricity supplied through it.

(3)Where electricity has been supplied for any period through such a meter which is of an approved pattern or construction and is installed in an approved manner, the register of the meter shall be presumed to have been registering for that period—

(a)within the prescribed margins of error; and

(b)in the case of a meter used in connection with an exempt supply, within any agreed margins of error,

unless the contrary is proved.

(4)Where a meter to which this paragraph applies has been operating for any period—

(a)within the prescribed margins of error; and

(b)in the case of a meter used in connection with an exempt supply, within any agreed margins of error,

the meter shall be conclusively presumed to have been correctly registering for that period the quantity of electricity supplied through it.

(5)The report of a meter examiner on any question relating to such a meter shall be admissible in evidence in any proceedings in which that question is raised; and any conclusions in the report as to the accuracy of the meter when it was tested shall be presumed to be correct unless the contrary is proved.

Meters to be kept in proper orderE+W+S

10(1)A customer of an [F70authorised supplier] shall at all times, at his own expense, keep any meter [F71provided by] him in proper order for correctly registering the quantity of electricity supplied to him; and in default of his doing so the supplier may discontinue the supply of electricity through that meter.E+W+S

(2)An [F70authorised supplier] shall at all times, at his own expense, keep any meter [F72provided] by him to any customer in proper order for correctly registering the quantity of electricity supplied and, in the case of pre-payment meters, for operating properly on receipt of the necessary payment.

[F73(2A)Section 23 of this Act shall apply in relation to any dispute arising under this paragraph between an electricity supplier and a customer.]

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Sub-paragraphs (2) and (3) above are without prejudice to any remedy the supplier may have against the customer for failure to take proper care of the meter.

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Amendments (Textual)

F70Words in Sch. 7 para. 10(1)(2) substituted (1.10.2001) by 2000 c. 27, s. 52, Sch. 5 para. 2(1); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

F71Words in Sch. 7 para. 10(1) substituted (1.10.2001) by 2000 c. 27, s. 52, Sch. 5 para. 7(a); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

F72Words in Sch. 7 para. 10(2) substituted (1.10.2001) by 2000 c. 27, s. 52, Sch. 5 para. 7(b); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

F73Sch. 7 para. 10(2A) inserted (1.10.2001) by 2000 c. 27, s. 52, Sch. 5 para. 7(c); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

Interference with metersE+W+S

11(1)If any person intentionally or by culpable negligence—E+W+S

(a)alters the register of any meter used for measuring the quantity of electricity supplied to any premises by an [F74authorised supplier]; or

(b)prevents any such meter from duly registering the quantity of electricity supplied,

he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2)Where any person is prosecuted for an offence under sub-paragraph (1) above, the possession by him of artificial means for causing an alteration of the register of the meter or, as the case may be, the prevention of the meter from duly registering shall, if the meter was in his custody or under his control, be prima facie evidence (or in Scotland sufficient evidence) that the alteration or prevention was intentionally caused by him.

(3)Where an offence under sub-paragraph (1) above has been committed, the supplier may discontinue the supply of electricity to the premises until the matter has been remedied and remove the meter in respect of which the offence was committed.

(4)Where an [F74authorised supplier] removes a meter under sub-paragraph (3) above, he shall keep it safely until the Director authorises him to destroy or otherwise dispose of it.

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Amendments (Textual)

F74Words in Sch. 7 para. 11(1)(a)(4) substituted (1.10.2001) by 2000 c. 27, s. 52, Sch. 5 para. 2(1); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

Special provision for pre-payment metersE+W+S

12(1)A customer of an [F75authorised supplier] who takes his supply through a pre-payment meter shall be under a duty to take all reasonable precautions for the safekeeping of any money or tokens which are inserted into that meter.E+W+S

[F76(2)A pre-payment meter installed on any premises shall not be used to recover any sum other than a sum owing to an authorised supplier in respect of the supply of electricity to those premises or the provision of the meter.]

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Amendments (Textual)

F75Words in Sch. 7 para. 12(1) substituted (1.10.2001) by 2000 c. 27, s. 52, Sch. 5 para. 2(1); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

F76Sch. 7 para. 12(2) substituted (1.10.2001) by 2000 c. 27, s. 52, Sch. 5 para. 8; S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

InterpretationE+W+S

13In this Schedule—E+W+S

  • agreed margins of error” has the meaning given by paragraph 7(4) above;

  • approved” means approved by or under regulations made under paragraph 2 above;

  • F77. . .

  • exempt supply” has the meaning given in paragraph 1(10) above;

  • prescribed” means prescribed by regulations;

  • prescribed margins of error” has the meaning given by paragraph 5(2) above;

  • regulations” means regulations made by the Director with the consent of the Secretary of State.

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Amendments (Textual)

F77Sch. 7 para. 13: definition of “electricity supplier” repealed (1.10.2001) by 2000 c. 27, ss. 52, 108, Sch. 5 para. 2(2), Sch. 8; S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

Section 36(8).

SCHEDULE 8E+W+S Consents under Sections 36 and 37

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Modifications etc. (not altering text)

C13Sch. 8: transfer of certain functions (S.) (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)

Applications for consentE+W+S

1(1)An application for a consent under section 36 or 37 of this Act shall be in writing and shall describe by reference to a map the land to which the application relates, that is, the land—E+W+S

(a)on which the generating station is proposed to be constructed, extended or operated; or

(b)across which the electric line is proposed to be installed or kept installed.

(2)An application for a consent under section 37 of this Act shall also state—

(a)the length of the proposed line and its nominal voltage; and

(b)whether all necessary wayleaves have been agreed with owners and occupiers of land proposed to be crossed by the line,

and shall be supplemented, if the Secretary of State so directs, by such additional information as may be specified in the direction.

(3)The Secretary of State may by regulations make provision for determining the fees to be paid on applications for consent under section 36 or 37 of this Act, and the circumstances in which they are to be paid.

(4)Any sums received by the Secretary of State under this paragraph shall be paid into the Consolidated Fund.

Objections by relevant planning authorityE+W+S

2(1)Where an application is made to the Secretary of State for his consent under section 36 or 37 of this Act, notice of the application shall be served on the relevant planning authority.E+W+S

(2)Where the relevant planning authority notify the Secretary of State that they object to the application and their objection is not withdrawn, the Secretary of State—

(a)shall cause a public inquiry to be held; and

(b)before determining whether to give his consent, shall consider the objection and the report of the person who held the inquiry.

(3)For the purposes of sub-paragraph (2) above the Secretary of State may make regulations limiting the time within which notification of objections may be made to the Secretary of State by relevant planning authorities, and providing that objections which are not notified within the time so limited may be disregarded for those purposes.

(4)Sub-paragraph (2) above shall not apply where the Secretary of State proposes to accede to the application subject to such modifications or conditions as will give effect to the objection of the relevant planning authority.

(5)The Secretary of State may make regulations providing that, in relation to applications for consent under section 37 of this Act for electric lines of a nominal voltage less than 132 kilovolts, the provisions of this paragraph shall have effect with such modifications as may be prescribed.

(6)In this Schedule “relevant planning authority”—

(a)in relation to [F78land in England F79. . . which is not in a National Park for which a National Park authority is the local planning authority], means a local planning authority within the meaning of [F80the Town and Country Planning Act 1990,]except that in relation to a non-metropolitan county and an application for consent under section 37 of this Act it includes the county planning authority only—

F81(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)where the line will have a nominal voltage of not less than 132 kilovolts;

[F82(aa)in relation to land in England F83. . . which is in a National Park for which a National Park authority is the local planning authority, means that National Park authority; and]

[F84(ab)in relation to Wales, means a local planning authority;.]

(b)in relation to Scotland, means a general planning authority, or a district planning authority, within the meaning of Part IX of the M27Local Government (Scotland) Act 1973.

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Amendments (Textual)

Marginal Citations

Objections by other personsE+W+S

3(1)The Secretary of State may by regulations make provision for securing—E+W+S

(a)that notice of any application for consent under section 36 or 37 of this Act shall, in such circumstances as may be prescribed by the regulations, be published in such manner as may be so prescribed;

(b)that notice of any such application shall, in such circumstances as may be prescribed by the regulations or where the Secretary of State so directs, be served on such persons as may be so prescribed or, as the case may be, specified in the direction;

(c)that every notice published or served in pursuance of the regulations shall state the time within which, and the manner in which, objections to the application may be made by persons other than the relevant planning authority, and that the time so stated shall not be less than such minimum period as may be prescribed by the regulations; and

(d)that, in so far as any such notice requires objections to be sent to any person other than the Secretary of State, copies of the objections shall be sent to the Secretary of State by that person;

and in relation to applications for consent under section 36 of this Act to the extension of a generating station or to the operation of such a station in a different manner, the regulations may include provision for enabling the Secretary of State to give directions dispensing with the requirements of the regulations in such cases as he thinks fit.

(2)Where in the case of an application for consent under section 36 or 37 of this Act—

(a)the Secretary of State is not required by virtue of paragraph 2(2) above to cause a public inquiry to be held; but

(b)objections or copies of objections have been sent to the Secretary of State in pursuance of regulations made under this paragraph,

the Secretary of State shall consider those objections, together with all other material considerations, with a view to determining whether a public inquiry should be held with respect to the application and, if he thinks it appropriate to do so, shall cause a public inquiry to be held, either in addition to or instead of any other hearing or opportunity of stating objections to the application.

Public inquiriesE+W+S

4(1)Where in accordance with paragraph 2(2) or 3(2) above a public inquiry is to be held in respect of an application for consent under section 36 or 37 of this Act, the Secretary of State shall inform the applicant accordingly; and the applicant shall in two successive weeks publish a notice stating—E+W+S

(a)the fact that the application has been made, and the purpose of it, together with a description of the land to which it relates;

(b)a place in the locality where a copy of the application, and of the map referred to in it, can be inspected; and

(c)the place, date and time of the public inquiry.

(2)A notice under sub-paragraph (1) above shall be published in one or more local newspapers circulating in the locality in which the land in question is situated, or circulating respectively in the several localities in which different parts of that land are situated, as the applicant may consider appropriate.

(3)If it appears to the Secretary of State that, in addition to the publication of a notice in accordance with sub-paragraphs (1) and (2) above, further notification of the public inquiry should be given (either by the service of notices, or by advertisement, or in any other way) in order to secure that the information specified in paragraphs (a) to (c) of sub-paragraph (1) above is sufficiently made known to persons in the locality, the Secretary of State may direct the applicant to take such further steps for that purpose as may be specified in the direction.

(4)Where in accordance with paragraph 2(2) or 3(2) above a public inquiry is to be held in respect of an application for consent under section 36 or 37 of this Act and the Secretary of State is proceeding concurrently as mentioned in section 61(2) or (4) of this Act, the public inquiry shall extend to all the matters arising in the concurrent proceedings, and any notice of the inquiry (in addition to any other matters required to be stated in it) shall indicate the extent of the inquiry accordingly.

(5)In the application of this paragraph to Scotland, for sub-paragraphs (1) to (3) there shall be substituted the following sub-paragraph—

(1)Where in accordance with paragraph 2(2) or 3(2) above a public inquiry is to be held, and it appears to the Secretary of State that in addition to any public notice of such an inquiry any further notification concerning the inquiry is necessary or expedient (either by way of service of notice upon any person or in any other way), the Secretary of State may direct the applicant to take such further steps for this purpose as may be specified in the direction.

Provisions supplementary to paragraphs 2 to 4E+W+S

5(1)Where in accordance with paragraph 2(2) or 3(2) above a public inquiry is to be held and the application for consent relates to land in the areas of two or more relevant planning authorities—E+W+S

(a)the application shall not be the subject of a public inquiry in so far as it relates to land which is not within the area of a planning authority who have notified the Secretary of State that they object to the application, unless the Secretary of State otherwise directs having regard to objections by other persons of which he has notice; and

(b)in so far as the application is to be the subject of a public inquiry in relation to land in the areas of two or more relevant planning authorities, the Secretary of State may direct that separate public inquiries shall be held;

and, where the Secretary of State gives any such directions, the provisions of paragraphs 2 to 4 above shall apply with the necessary modifications.

(2)For the purposes of sub-paragraph (1)(a) above a relevant planning authority who have notified the Secretary of State that they object to the application shall be treated as not having done so if the Secretary of State proposes to accede to the application subject to such modifications or conditions as will give effect to the objection.

Special provisions as to consents under section 37E+W+S

6(1)Where an application for consent under section 37 of this Act states that all necessary wayleaves have not been agreed with owners and occupiers of land proposed to be crossed by the electric line, the Secretary of State may—E+W+S

(a)give notice to the applicant that he does not intend to proceed with the application until he is satisfied, with respect to all the land over which wayleaves have not been agreed, that the applicant has applied to the Secretary of State for consent under paragraph 6 (acquisition of wayleaves) of Schedule 4 to this Act; or

(b)grant his consent subject to the condition (either in respect of the whole of the line or in respect of any part of it specified in the consent) that the work is not to proceed until the Secretary of State has given his permission.

(2)In determining at any time whether to give permission for any work to proceed, either generally or in respect of any part of the line, the Secretary of State—

(a)shall have regard to the extent to which the necessary wayleaves have been agreed by that time; and

(b)in so far as any such wayleaves have not then been agreed in respect of any part of the line, shall take into account any prejudicial effect which, in his opinion, the giving of permission (whether in respect of that part or of any adjacent part of the line) might have on any subsequent proceedings relating to the outstanding wayleaves.

Deemed planning permission etc.E+W+S

F857. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

SupplementalE+W+S

8(1)In this Schedule “relevant planning authority” has the meaning given by paragraph 2(6) above.E+W+S

(2)In section 149 of the M28Local Government, Planning and Land Act 1980, each of the following, namely—

(a)subsection (3)(a) (power of Secretary of State to confer on urban development corporation functions of local planning authority in England and Wales); and

(b)subsection (8)(a) (which makes corresponding provision in relation to Scotland),

shall have effect in relation to the provisions of this Schedule (so far as applying to applications for consent under section 37 of this Act) as it has effect in relation to the provisions referred to in that subsection.

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Marginal Citations

Section 38.

SCHEDULE 9E+W+S PRESERVATION OF AMENITY AND FISHERIES.

Preservation of amenity: England and WalesE+W

1(1)In formulating any relevant proposals, a licence holder or a person authorised by exemption to [F86generate, transmit, distribute or supply electricity]E+W

(a)shall have regard to the desirability of preserving natural beauty, of conserving flora, fauna and geological or physiographical features of special interest and of protecting sites, buildings and objects of architectural, historic or archeological interest; and

(b)shall do what he reasonably can to mitigate any effect which the proposals would have on the natural beauty of the countryside or on any such flora, fauna, features, sites, buildings or onjects.

(2)In considering any relevant proposals for which his consent is required under section 36 or 37 of this Act, the Secretary of State shall have regard to—

(a)the desirability of the matters mentioned in paragraph (a) of sub-pargaraph (1) above; and

(b)the extent to which the person by whom the proposals were formulated has complied with his duty under paragraph (b) of that sub-paragraph.

(3)In this paragraph—

  • building” includes structure;

  • relevant proposals” means any proposals—

    (a)

    for the construction or extension of a generating station of a capacity not less than 10 megawatts, or for the opreation of such a station in a different manner;

    (b)

    for the installation (whether above or below ground) of an electric line; or

    (c)

    for the execution of any other works for or in connection with the transmission or supply of electricity.

(4)The Secretary of State may by order provide that sub-paragraph (3) above shall have effect as if for the capacity mentioned in paragraph (a) there were substituted such other capacity as may be specified in the order.

(5)This paragraph and paragraph 2 below extend to England and Wales only.

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Amendments (Textual)

F86Words in Sch. 9 para. 1(1) substituted (1.10.2001) by S.I. 2001/3264, art. 6

2(1)A licence holder shall within twelve months from the grant of his licence prepare, and from time to time modify, a statement setting out the manner in which he proposes to perform his duty under paragraph 1(1) above, including in particular the consultation procedures which he intends to follow.E+W

(2)Before preparing or modifying a statement under this paragraph, a licence holder shall consult the [F87Countryside Agency],

[F88and—

(a)where the activities which he is authorised by his licence to carry on include activities in England, [F89English Nature] and the Historic Buildings and Monuments Commission for England; and

(b)where those activities include activities in Wales, the Countryside Council for Wales and] the Historic Buildings Council for Wales.

(3)As soon as practicable after preparing or modifying a statement under this paragraph, the licence holder shall publish the statement as so prepared or so modified in such manner as he considers appropriate.

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Amendments (Textual)

F87Words in Sch. 9 para. 2 substituted (20.2.1999) by S.I. 1999/416, art. 3, Sch. 1 para. 13

Preservation of amenity and fisheries: ScotlandS

3(1)In formulating any relevant proposals, a licence holder or a person authorised by an exemption to [F90generate, transmit, distribute or supply electricity]S

(a)shall have regard to the desirability of preserving natural beauty, of conserving flora, fauna and geological or physiographical features of special interest and of protecting sites, buildings and objects of architectural, historic or archaeological interest; and

(b)shall do what he reasonably can to mitigate any effect which the proposals would have on the natural beauty of the countryside or on any such flora, fauna, features, sites, buildings or objects.

(2)In considering any relevant proposals for which his consent is required under section 36 or 37 of this Act, the Secretary of State shall have regard to—

(a)the desirability of the matters mentioned in paragraph (a) of sub-paragraph (1) above; and

(b)the extent to which the person by whom the proposals were formulated has complied with his duty under paragraph (b) of that sub-paragraph.

(3)Without prejudice to sub-paragraphs (1) and (2) above, in exercising any relevant functions each of the following, namely, a licence holder, a person authorised by an exemption to generate or supply electricity and the Secretary of State shall avoid, so far as possible, causing injuries to fisheries or to the stock of fish in any waters.

(4)In this paragraph—

  • building” includes structure;

  • relevant proposals” has the same meaning as in paragraph 1 above and, for the purposes of this paragraph, any such order as is mentioned in sub-pargaraph (4) of that paragraph may be made under this sub-paragraph;

  • relevant functions” means any powers conferred and any duties imposed by or under this Act.

(5)This paragraph and paragraphs 4 and 5 below extend to Scotland only.

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Amendments (Textual)

F90Words in Sch. 9 para. 3(1) substituted (1.10.2001) by S.I. 2001/3264, art. 6

Modifications etc. (not altering text)

C14Sch. 9 para. 3: transfer of certain functions (S.) (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)

4(1)A licence holder shall within twelve months from the grant of his licence prepare, and from time to time modify, a statement setting out the manner in which he proposes too perform his duty under paragraph 3(1) above, inlcuding in particular the consultation procedures which he intends to follow.S

(2)Before preparing or modifying a statement under this paragraph, a licence holder shall consult with [F91Scottish Natural Heritage], the Ancient Monuments Board for Scotland and the Historic Buildings Council for Scotland [F92and with the National Park authority for any National Park which would be affected by the relevant proposals].

(3)As soon as practicable after preparing or modifying a statement under this paragraph, the licence holder shall publish the statement so prepared or so modified in such a manner as he considers appropriate.

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Amendments (Textual)

F92Words in Sch. 9 para. 4(2) inserted (S.) (9.8.2000) by 2000 asp 10, s. 36, Sch. 5 para. 14(2) (with s. 32); S.I. 2000/312, art. 2

Fisheries Committee: ScotlandS

5(1)The Fisheries Committee appointed under section 5(2) of the M29Electricity (Scotland) Act 1979 shall continue in existence, and shall have the function of giving advice and assistance (whether specifically requested or not), on questions relating to the effect in Scotland—S

(a)on fisheries, or

(b)on the stock of fish in any waters,

of generating stations wholly or mainly driven by water, to the Secretary of State and to any person engaged in, or proposing to engage in, the operation of such a generating station.

(2)The Commmittee shall consist of such a number of persons, appointed by the Secretary of State, as he may think proper.

(3)The Committee shall have the power to regulate its own procedure.

(4)Persons engaged in, or proposing to engage in, the operation of such a generating station as is mentioned in sub-pargaraph (1) above shall furnish to the Committee any maps, plans, drawings or information which the Committee may reasonably require, and give to the Committee reasonable facilities for inspection.

(5)A person making an application to the Secretary of State for consent under section 36 of this Act as respects such a generating station as is mentioned in sub-paragraph (1) above shall, before or on doing so, consult the Committee as regards the matter to which the application relates.

(6)Upon being so consulted the Committee may make recommendations to the applicant or to any other person and shall transmit a copy of the recommendations to the Secretary of State; and the applicant shall intimate to the Committee and to the Secretary of State whether or not he is prepared to give effect to such recommendations as have been made to him.

(7)If an applicant is not prepared to give effect to a recommendation made to him under sub-paragraph (6) above, the Secretary of State may, after considering any representation made, refuse the consent applied for.

(8)Any expenses reasonably incurred by the Committee shall be defrayed by the Secretary of State out of money provided by Parliament.

(9)Where recommendations are made under sub-paragraph (6) above to a person other than the applicant, that person shall have regard to the recommendations in carrying out any activities to which they are relevant.

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Modifications etc. (not altering text)

C15Sch. 9 para. 5: transfer of certain functions (S.) (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)

Marginal Citations

Section 70.

SCHEDULE 10E+W+S Transfers under Sections 66 and 67

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Modifications etc. (not altering text)

C16Sch. 10 applied (with modifications) (8.11.1995) by 1995 c. 25, ss. 17(1), 18(2)(c), Sch. 5 Pt. I paras. 1, 7(1)

C17Sch. 10 applied (with modifications) (16.5.2001) by 2000 c. 27, s. 108, Sch. 7 para. 7; S.I. 2001/1781, art. 2, Sch. (subject to transitional provisions in arts. 3-10)

Allocation of property, rights and liabilities: generalE+W+S

1(1)The provisions of this paragraph shall apply where the transfers effected in pursuance of a transfer scheme include a transfer of all property, rights and liabilities comprised in a specified part of the transferor’s undertaking, but shall not apply to any such rights or liabilities under a contract of employment.E+W+S

(2)Any property, right or liability comprised partly in the specified part of the transferor’s undertaking and partly in some other part or parts of that undertaking shall, where the nature of the property, right or liability permits, be divided or apportioned between the transferee of the specified part (“transferee A”) and the transferee of the other part or each of the other parts (“transferee B”) in such proportions as may be appropriate.

(3)Where any estate or interest in land falls to be so divided—

(a)any rent payable under a lease in respect of that estate or interest; and

(b)any rent charged on that estate or interest,

shall be correspondingly apportioned or divided so that the one part is payable in respect of, or charged on, only one part of the estate or interest and the other part is payable in respect of, or charged on, only the other part of the estate or interest.

(4)Sub-paragraph (3) above shall apply, with any necessary modifications, in relation to any feu duty payable in respect of an estate or interest in land in Scotland as it applies in relation to any rents charged on an estate or interest in land.

(5)Any property, right or liability comprised as mentioned in sub-paragraph (2) above the nature of which does not permit its division or apportionment as so mentioned shall be transferred to transferee A or transferee B according to—

(a)in the case of an estate or interest in land, whether on the transfer date transferee A or transferee B appears to be in greater need of the security afforded by that estate or interest or, where neither appears to be in greater need of that security, whether on that date transferee A or transferee B appears likely to make use of the land to the greater extent;

(b)in the case of any other property or any right or liability, whether on the transfer date transferee A or transferee B appears likely to make use of the property, or as the case may be to be affected by the right or liability, to the greater extent,

subject (in either case) to such arrangements for the protection of the other of them as may be agreed between them.

2(1)The provisions of this paragraph shall apply where the transfers effected in pursuance of a transfer scheme include a transfer of all property, rights and liabilities comprised in a specified part of the transferor’s undertaking, but shall not apply to any such rights or liabilities under a contract of employment.E+W+S

(2)It shall be the duty of the transferee of the specified part of the transferor’s undertaking (“transferee A”) and each of the other transferees (“transferee B”), whether before or after the transfer date, so far as practicable to arrive at such written agreements and to execute such other instruments as are necessary or expedient to identify or define the property, rights and liabilities transferred to transferee A or transferee B and as will—

(a)afford to transferee A and transferee B as against one another such rights and safeguards as they may require for the carrying on of their respective undertakings; and

(b)make as from such date, not being earlier than the transfer date, as may be specified in the agreement or instrument such clarification and modifications of the division of the transferor’s undertaking as will best serve the carrying on of the respective undertakings of transferee A and transferee B.

(3)Any such agreement shall provide so far as it is expedient—

(a)for the granting of leases and for the creation of other liabilities and rights over land whether amounting in law to interests in land or not, and whether involving the surrender of any existing interest or the creation of a new interest or not;

(b)for the granting of indemnities in connection with the severance of leases and other matters; and

(c)for responsibility for registration of any matter in any statutory register.

(4)If transferee A or transferee B represents to the Secretary of State, or if it appears to the Secretary of State without such a representation, that it is unlikely in the case of any matter on which agreement is required under sub-paragraph (2) above that such agreement will be reached, the Secretary of State, whether before or after the transfer date, may—

(a)give a direction determining that matter; and

(b)include in the direction any provision which might have been included in an agreement under sub-paragraph (2) above.

(5)Any property, rights or liabilities required by a direction under sub-paragraph (4) above to be transferred to transferee A or transferee B shall be regarded as having been transferred by this Act to, and by virtue thereof vested in, that transferee accordingly.

Allocation of rights and liabilities: contracts of employmentE+W+S

3(1)The provisions of this paragraph shall apply where—E+W+S

(a)the transfers effected in pursuance of a transfer scheme include a transfer of all property, rights and liabilities comprised in a specified part of the transferor’s undertaking; and

(b)it falls to be determined whether the rights and liabilities transferred to the transferee of that part (“transferee A”) include rights and liabilities under a particular contract of employment.

(2)Rights and liabilities under the contract of employment shall be transferred to transferee A only if immediately before the transfer date the employee is employed wholly or mainly for the purposes of the specified part of the transferor’s undertaking.

(3)The employee, transferee A or any of the other transferees may apply to the Secretary of State to determine whether or not rights and liabilities in respect of the employee’s services under the contract of employment are transferred to transferee A, and the Secretary of State’s decision on the application shall be final.

Variation of transfers by agreementE+W+S

4(1)The provisions of this paragraph shall apply where the transfers effected in pursuance of a transfer scheme include a transfer of all property, rights and liabilities comprised in a specified part of the transferor’s undertaking.E+W+S

(2)At any time before the end of the period of twelve months beginning with the transfer date the transferee of the specified part and the transferee of any property, rights and liabilities comprised in some other part of the transferor’s undertaking may, with the approval of the Secretary of State, agree in writing that—

(a)as from such date as may be specified in or determined under the agreement; and

(b)in such circumstances (if any) as may be so specified,

there shall be transferred from the one transferee to, and vested in, the other transferee any property, rights and liabilities specified in the agreement; but no such agreement shall have effect in relation to rights and liabilities under a contract of employment unless the employee concerned is a party to the agreement.

(3)Subject to sub-paragraph (4) below, in the case of an agreement under sub-paragraph (2) above, the property, rights and liabilities in question shall on the date of the coming into force of the agreement be transferred, and by virtue of the agreement vest, in accordance with the agreement.

(4)The following provisions of this Schedule shall have effect as if—

(a)any reference to a transfer effected in pursuance of a transfer scheme included a reference to a transfer effected in pursuance of an agreement under sub-paragraph (2) above;

(b)any reference to a transaction effected in pursuance of paragraph 2(2) above or of a direction under paragraph 2(4) above included a reference to such an agreement; and

(c)any reference to a vesting by virtue of this Act included a reference to a vesting by virtue of such an agreement.

Right to production of documents of titleE+W+S

5(1)The provisions of this paragraph shall apply where the transferee under a transfer effected in pursuance of a transfer scheme (“transferee A”) is entitled to possession of any document relating in part to the title to, or to the management of, any land or other property transferred to the transferee under some other transfer effected in pursuance of that scheme (“transferee B”).E+W+S

(2)Where the land or other property is situated in England and Wales—

(a)transferee A shall be deemed to have given to transferee B an acknowledgment in writing of the right of transferee B to production of the document and to delivery of copies thereof; and

(b)section 64 of the M30Law of Property Act 1925 shall have effect accordingly, and on the basis that the acknowledgment did not contain any such expression of contrary intention as is mentioned in that section.

(3)Where the land or other property is situated in Scotland, subsections (1) and (2) of section 16 of the M31Land Registration (Scotland) Act 1979 (omission of certain clauses in deeds) shall have effect in relation to the transfer as if the transfer had been effected by deed and as if from each of those subsections the words “unless specially qualified” were omitted.

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Marginal Citations

Proof of title by certificateE+W+S

6(1)Where two or more transfers are effected in pursuance of a transfer scheme, a certificate issued by either or any of the transferees (“transferee A”) with the concurrence of the other or others of them that—E+W+S

(a)any property specified in the certificate;

(b)any such interest in or right over any such property as may be so specified; or

(c)any right or liability so specified,

is by virtue of this Act for the time being vested in transferee A shall be conclusive evidence for all purposes of that fact, and shall constitute a link of title for the purposes of section 5(1) of the M32Conveyancing (Scotland) Act 1924 (deduction of title).

(2)If, on the expiration of one month after a request from either or any of the transferees (“transferee A”) for the other or one of the others of them (“transferee B”) to concur in the issue of such a certificate, transferee B has failed so to concur—

(a)transferee A may refer the matter to the Secretary of State; and

(b)the Secretary of State may direct transferee B to concur in the issue of a certificate prepared in such terms as are specified in the direction.

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Marginal Citations

Restrictions on dealing with certain landE+W+S

7(1)Where two or more transfers are effected in pursuance of a transfer scheme and the Secretary of State is satisfied, on the representation of either or any of the transferees (“transferee A”), that—E+W+S

(a)in consequence of those transfers, different interests in land, whether the same or different land, are held by transferee A and by the other or one of the other transferees (“transferee B”); and

(b)the circumstances are such that the provisions of this paragraph should have effect,

the Secretary of State may direct that those provisions shall apply to such of that land as may be specified in the direction; and while the direction remains in force, those provisions shall have effect accordingly.

(2)Neither transferee A nor transferee B shall dispose of any interest to which they may respectively be entitled in any of the specified land except with the consent of the Secretary of State.

(3)If, in connection with any proposal to dispose of any interest of either transferee A or transferee B in any of the specified land, it appears to the Secretary of State to be necessary or expedient for the protection of either of them, he may—

(a)require either transferee A or transferee B to dispose of any interest to which it may be entitled in any of the specified land to such person and in such manner as may be specified in the requirement;

(b)require either transferee A or transferee B to acquire from the other any interest in any of the specified land to which that other is entitled; or

(c)consent to the proposed disposal subject to compliance with such conditions as the Secretary of State may see fit to impose.

(4)A person other than transferee A and transferee B dealing with, or with a person claiming under, either transferee A or transferee B shall not be concerned to see or enquire—

(a)whether this paragraph applies or has applied in relation to any land to which the dealing relates; or

(b)whether the provisions of this paragraph have been complied with in connection with that or any other dealing with that land,

and no transaction between persons other than transferee A and transferee B shall be invalid by reason of any failure to comply with those provisions.

Third parties affected by vesting provisionsE+W+S

8(1)A transaction of any description which, in pursuance of paragraph 2(2) above or of a direction under paragraph 2(4) above, is effected between transferee A and transferee B—E+W+S

(a)shall have effect subject to the provisions of any enactment which provides for transactions of that description to be registered in any statutory register; but

(b)subject to that, shall be binding on all persons notwithstanding that it would, apart from this sub-paragraph, have required the consent or concurrence of any other person.

(2)If any transaction is effected in pursuance of paragraph 2(2) above or of a direction under paragraph 2(4) above, transferee A and transferee B shall notify any person who has rights or liabilities which thereby become enforceable as to part by or against transferee A and as to part by or against transferee B.

(3)If, within 28 days of being notified, such a person as is mentioned in sub-paragraph (2) above applies to the Secretary of State and satisfies him that the transaction operated unfairly against him, the Secretary of State may give such directions to transferee A and transferee B as appear to him appropriate for varying the transaction.

9(1)If in consequence of two or more transfers effected in pursuance of a transfer scheme or of anything done in pursuance of the provisions of this Schedule—E+W+S+N.I.

(a)the rights or liabilities of any person other than the transferor and the transferees which were enforceable against or by the transferor become enforceable as to part against or by one transferee and as to part against or by another transferee; and

(b)the value of any property or interest of that person is thereby diminished,

such compensation as may be just shall be paid to that person by one or more of the transferees.

(2)Any dispute as to whether, and if so how much, compensation is payable under sub-paragraph (1) above, or as to the person to or by whom it shall be paid, shall be referred to and determined—

(a)by an arbitrator appointed by the Lord Chancellor; or

(b)where the proceedings are to be held in Scotland, by an arbiter appointed by the Lord President of the Court of Session.

[F93(3)A person shall not be appointed after the day on which he attains the age of 70 to be an arbitrator or arbiter under sub-paragraph (2) above.]

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Amendments (Textual)

Modifications etc. (not altering text)

InterpretationE+W+S

10Any reference in this Schedule to a transfer effected in pursuance of a transfer scheme is a reference to a transfer effected by this Act in pursuance of such a scheme.E+W+S

Section 90.

SCHEDULE 11E+W+S TAXATION PROVISIONS

GeneralE+W+S

1(1)Subject to sub-paragraphs (2) and (3) below, the following provisions shall apply for the purposes of the Corporation Tax Acts, namely—E+W+S

(a)all the trades or parts of trades carried on by the existing bodies which are transferred by this Act to successor companies shall be treated as having been, at the time of their commencement and at all times since that time, separate trades carried on by those companies respectively;

(b)the trade carried on by each of those companies after the transfer date shall be treated as the same trade as that which, by virtue of paragraph (a) above, it is treated as having carried before that date;

(c)all property, rights and liabilities of an existing body which are transferred by this Act to a successor company shall be treated as hvaing been, at the time when tney became vested in that body and at all times since that time, property, rights and liabilities of that company; and

(d)anything done by an existing body in relation to property, rights and liabilities which are transferred by this Act to a successor company shall be deemed to have been done by that company.

(2)Except in the case of an Area Board, there shall be made such apportionments of unallowed tax losses and of expenditure by reference to which capital allowances may be made as may be specified in the transferor’s transfer scheme.

(3)Where any property, rights and liabilities of an existing body in England and Wales which are transferred by this Act to a successor company became vested in that body by virtue of a qualifying transfer, or two or more successive qualifying transfers—

(a)sub-paragraph (1)(c) above shall have effect as if the reference to the time when the property, rights and liabilities became vested in that body were a reference to the time when they became vested in the original transferor, that is to say, the transferor under the qualifying transfer or, as the case may be, the first qualifying transfers; and

(b)if the property, rights and liabilities becam vested in the original transferor by virtue of a transfer made by a compnany in which, at the time of the transfer, the original transferor or another existing body in England or Wales held an interest, that interest shal be deemed to have been held at that time by the successor company.

(4)Where any property, rights and liabilities of an existing body in England or Wales which are transferred by this Act to a successor company became vested in that body by virtue of a transfer made by a company in which, at the time of the transfer, that body or another body held an interest, that interest shall be deemed to have been held at that time by the successor company.

(5)In this paragraph—

capital allowance” has the same meaning as in the Tax Acts;

the final accounting period” means the last complete accounting period of the relevant body, that is to say—

(a)in the case of an existing body in England or Wales, the Electricity Council;

(b)in the case of an existing body in Scotland, that body,

ending before that transfer date;

qualifying transfer” means a transfer to an existing body in England and Wales by another such body;

unallowed tax losses” means any losses, allowances or amounts which, as at the end of the final accountign period, are tax losses within the meaning given by section 400(2) of the 1988 Act;

and in construing sub-paragraphs (1) to (4) above, section 511(2) of the 1988 Act and the corresponding earlier enactments shall be disregarded.

(6)This paragraph shall have effect in relation to accounting periods beginning after the final accounting period.

Chargeable gainsE+W+S

2(1)This paragraph applies where—E+W+S

(a)by virtue of a transfer of property, rights and liabilities effected by this Act to a successor company (in this paragraph referred to as “the transferee”), a company would, but for paragraph (1) above, cease to be a member of a group of which an existing body is a member; and

(b)assets have been acquired by that company from that body or from any other member of that group.

(2)On the company ceasing to be a member of a group of which the transferee is a member, section [F94178 or 179 of the 1992 Act] (company ceasing to be a member of a group) shall apply as if any assets acquired at any time as mentioned in sub-paragraph (1) above had been acquired by the company from the transferee at that time.

(3)In this paragraph “group” has the meaning given by section [F94170 of the 1992 Act]; and in construing this paragraph the provisions of section 511(2) of the 1988 Act and the corresponding earlier enactments shall be disregarded.

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Amendments (Textual)

F94Words in Sch. 11 para. 2 substituted (6.3.1992 with effect for the year 1992-93 and subsequent years of assessment) by Taxation and Chargeable Gains Act 1992 (c. 12), ss. 289, 290, Sch. 10 para. 20(1)

[F952AIn this Schedule “the 1992 Act” means the Taxation of Chargeable Gains Act 1992.]E+W+S

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Amendments (Textual)

F95Sch. 11 para. 2A added (6.3.1992 with effect for 1992-93 and subsequent years of assessment) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289, 290, Sch. 10 para. 20(1)

Roll-over reliefE+W+S

3(1)Where—E+W+S

(a)a held over gain would, but for the provisions of section [F96154 of the 1992 Act], have beencarried forward to a depreciating asset; and

(b)that asset is transferred by this Act to a successor company,

that section shall have effect as if the gain had accrued to, and the claim for it to be held oveer had been made by, that company.

(2)In this paragraph the expressions which are used in the said section [F96154] have the same meanings as in that section.

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Amendments (Textual)

F96Words in Sch. 11 para. 3 substituted (6.3.1992 with effect for the year 1992-93 and subsequent years of assessment) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289, 290, Sch. 10 para. 20(2)

Unallowed capital lossesE+W+S

4(1)Any unallowed capital losses of an existing body shall be treated as allowable capital losses accruing to the appropriate successor company on the diposal of an asset on the transfer date.E+W+S

(2)Immediately before the transfer date the unallowed capital losses of the Electricity Council shall be divided between the existing bodies in England and Wales; and there shall be allocated to each such body such proportion (if any) of those losses as is given by the formula—

where—

  • A is the amount which, but for section 511(2) of the 1988 Act and the corresponding earlier enactments, would have been the amount of the unallowed capital losses of that body;

  • B is the aggregate of the amounts which, but for that section and those enactments, would have been the amounts of the unallowed capital losses of those bodies.

(3)In this paragraph—

allowable capital losses” means losses which are allowable for the purposes of the [F971992 Act];

unallowed capital losses”, in relation to any body, means any allowable capital losses which have been accrued to that body before the transfer date, in so far as they have not been allowed as deductions from chargeable gains.

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Amendments (Textual)

F97Words in Sch. 11 para. 4 substituted (6.3.1992 with effect for the year 1992-93 and subsequent years of assessment) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289, 290, Sch. 10 para. 20(3).

Transaction in pursuance of section 68(2)(c)E+W+S

5(1)Sub-paragraph (2) below applies to any disposal (within the meaning of the [F981992 Act]) which is effected, and sub-paragraphs (3) and (4) below apply to any lease which is granted, in pursuance of a provision included in a transfer scheme by virtue of section 68(2) of this Act.E+W+S

(2)A disposal to which this sub-paragraph applies shall be taken for the purposes of the [F981992 Act] to be effected for a consideration of such amount as would secure that on the disposal neither a gain nor a loss would accrue to the disponer.

[F99(3)Section 291(1) of the Capital Allowances Act 2001 (supplementary provisions with respect to elections) shall not prevent the application of section 290 of that Act (election to treat grant of lease exceeding 50 years as sale) where the lease is a lease to which this sub-paragraph applies.]

(4)Where, in the case of any machinery or plant which is a fixture and on the provision of which for the purposes of the transferor’s trade the transferor incurred capital expenditure, a lease of the relevant land (with or without other land) is a lease to which this sub-pargaraph applies—

(a)the lessor shall not be required to bring the disposal value of the machinery or plant into account in accordance with [F100Chapter 5 of Part 2 of the Capital Allowances Act 2001](writing down allowances and balancing adjustments); and

(b)so far as relating to the bringing of disposal values into account, [F101Chapters 5 and 14 ofPart 2 of the Capital Allowances Act 2001](capital allowances for fixtures) shall have effect as if—

(i)the capital expenditure incurred by the transferor had been incurred by the lessee on the provision of the machinery or plant wholly and exclusively for the purposes of the lessee’s trade; and

(ii)the machinery or plant had become a fixture, immediately after the grant of the lease.

[F102(5)In sub-paragraph (4) above “the transferor” means the transferor under the transfer scheme in question and expressions which are used in Chapter 14 of Part 2 of the Capital Allowances Act 2001 have the same meanings as in that Chapter; and in construing that sub-paragraph section 511(2) of the 1988 Act shall be disregarded.]

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Amendments (Textual)

F98Words in Sch. 11 para. 5 substituted (6.3.1992 with effect for the year 1992-93 and subsequent years of assessment) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289, 290, Sch. 10 para. 20(3)

F99Sch. 11 para. 5(3) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 71(1)

F100Words in Sch. 11 para. 5(4)(a) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 71(2)

F101Words in Sch. 11 para. 5(4)(b) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 71(3)

F102Sch. 11 para. 5(5) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 71(4)

Transfers in pursuance of Schedule 10E+W+S

6Where any property, rights and liabilities to which a transfer effected by this Act relates are, in pursuance of Schedule 10 to this Act, transferred by the transferee to another successor company—E+W+S

(a)the foregoing provisiions of this Schedule shall have effect as if the transfer effected by this Act had been a transfer to the other successor company; and

(b)anything which, in relation to the property, rights and liabilities transferred, was done by the transferee for the purposes of the transferee’s trade shall be deemed to have been done by the other successor company for the purposes of that company’s trade.

Apportionments etc.E+W+S

7(1)This paragraph applies where any apportionment or other matter arising under the foregoing provisions of this Schedule appears to be material as respects the liability to tax (for whatever period) or two or more successor companies.E+W+S

(2)Any question which arises as to the manner in which the apportionment is to be made or the matter to be dealt with shall be determined, for the purposes of tax of all the companies—

(a)in a case where the same body of General Commissioners have juridiction with respect to all those companies, by those Commissioners, unless all the companies agree that it shall be determined by the Special Commissioners;

(b)in a case where different bodies of Commissioners have jurisdiction with respect to those companies, by such of those bodies as the Board may direct, unless all the companies agree that it shall be determined by the Special Commissioners; and

(c)in any other case, by the Special Commissioners.

(3)The Commissioners by whom the question falls to be determined shall make the determination in like manner as if it were an appeal except that all the companies shall be entitled to appear and be heard by the Commissioners or to make representations to them in writing.

Securities of successor companiesE+W+S

8(1)Any share issued by a successor company in pursuance of section 71 or 80 of this Act shall be treated for the purposes of the Corporation Tax Acts as if it had been issued wholly in consideration of a subscription paid to that company of an amount equal to the nominal value of the share.E+W+S

(2)Any debenture issued by a successor company in pursuance of section 71 or 80 of this Act shall be treated for the purposes of the Corporation Tax Acts as if it had been issued—

(a)wholly in consideration of a loan made to that company of an amount equal to the principal sum payable under the debenture; and

(b)wholly and exclusively for the purposes of the trade carried on by that company.

[F103and if any such debenture includes provision for the payment of a sum expressed as interest in respect of a period which falls wholly or partly before the issue of the debenture, any payment made in pursuance of that provision in respect of that period shall be treated for the purposes of the Corporation Tax Acts as if the debenture had been issued at the commencement of that period and, accordingly, as interest on the principal sum payable under the debenture.]

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Amendments (Textual)

Extinguishment of liabilities: restriction of tax lossesE+W+S

9(1)Section 400(1) of the 1988 Act (write-off of government investment: restriction of tax losses) shall not have effect by virtue of section 80(1) of this Act; but in the case of any such extinguishment (whether or not it is a case as regards which the said section 400(1) would, but for the foregoing provisions of this sub-paragraph, have effect) the Secretary of State may, with the consent of the Treasury, from time to time, direct that such amount (“amount” including nil) as is specified in the direction shall be set off against the sucessor company’s tax losses as at the end of the accounting period ending last before the date of the direction.E+W+S

(2)In any direction under sub-paragraph (1) above it may further be provided that the balance of tax losses remaining after the set off shall be aggregated with the balance of another successor company’s (or other successor companies’) tax losses remaining after a direction underr that sub-paragraph in respect of that other company (or directions in respect of those other companies) and the losses so aggregated apportioned between the companies in such manner as may be specified in the direction which makes such further provision.

(3)No direction shall be given under sub-paragraph (1) above in relation to a successor company as a time when the company has ceased to be wholly owned by the Crown.

(4)For the purpose of sub-paragraphs (1) and (2) above, a successor company’s tax losses at the end of the accounting period mentioned in the said sub-paragraph (1) are those referred to in paragraphs (a) to (e) of subsection (2) of the said section 400; and subsections (3) and (4) of that section shall have effect in relation to any set off under sub-paragraph (1) above as if—

(a)any reference to subsection (1) of that section were a reference to sub-paragraph (1) above; and

(b)the reference in subsection (4) of that section to the write-off date were a reference to the date of the direction under sub-paragraph (1) above.

(5)Subsection (6) of the said section 400 shall apply in relation to any such extinguishment as is mentioned in sub-pargaraph (1) above as if the reference to the body in question were a reference to the company whose liabilities are so extinguished.

(6)The trade carried on by a company whose liabilities are extinguished by virtue of section 80(1) of this Act shall, if the company’s tax losses are aggregated and apportioned by virtue of sub-pargaraph (2) above, be treated for the purposes of giving any relief under the Corporation Tax Acts in respect of the losses so apportioned as being, and having at all times been, the trade carried on by the successor companies to which the losses are apportioned.

(7)In this paragraph “accounting period” has the same meaning as in the 1988 Act.

Income tax exemption for certain interestsE+W+S

10The vesting in a successor company by this Act of a liability for any loan made to an existing body shall note ffect any direction in respect of the loan given or having effect as if given by the Treasury under section 581 of the 1988 Act (income tax exemption for interest on foreign securities).E+W+S

Stamp DutyE+W+S

11(1)No transfer effected by this Act shall give rise to any liability to stamp duty.E+W+S+N.I.

(2)Stamp duty shall not be chargeable on a transfer scheme or, subject to sub-paragraph (3) below, on any instrument which is certified to the Board by the Secretary of State as having been made in pursuance of such a scheme.

(3)No instrument which is certified as mentioned in sub-paragraph (2) above shall be taken as duly stamped unless—

(a)it is stamped with the duty to which it would but for that sub-paragraph be liable; or

(b)it has, in accordance with section 12 of the M33Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with that duty or that it is duly stamped.

(4)Stamp duty shall not be chargeable on any instrument which is made in pursuance of Schedule 10 to this Act.

(5)Stamp duty shall not be chargeable on any instrument by which the Secretary of State, or any nominee of the Treasury or the Secretary of State, transfers securities of a company to another company if—

(a)either or both of the companies are successor companies; and

(b)each of the companies is, at the time when the instrument is made,

wholly owned by the Crown.

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Marginal Citations

Stamp duty reserve taxE+W+S

12(1)No agreement made for the purposes of or for purposes connected with a transfer scheme shall give rise to a charge to stamp duty reserve tax.E+W+S

(2)No agreement which is made in pursuance of Schedule 10 to this Act shall give rise to a charge to stamp duty reserve tax.

(3)No agreement by which the Treasury or the Secretary of State, or any nominee of the Treasury or Secretary of State, agrees to transfer securities of a company to another company shall give rise to a charge to stamp duty reserve tax if—

(a)either or both of the companies are successor companies; and

(b)each of the companies is, at the time when the agreement is made,

wholly owned by the Crown.

Interpretation etc.E+W+S

13(1)In this Schedule—E+W+S

  • the 1988 Act” means the M34Income and Corporation Tax Act 1988;

  • the Board” means the Commissioners of Inland Revenue;

  • existing body in England and Wales” means an Area Board, the Generating Board or the Electricity Council;

  • existing body in Scotland” means a Scottish board.

(2)For the purposes of this Schedule a transfer, instrument or agreement shall be regarded as made in pursuance of Schedule 10 to this Act if the making of that transfer, instrument or agreement is required or authorised by or under paragraph 2 or 4 of that Schedule.

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Marginal Citations

Section 97.

SCHEDULE 12E+W+S Nuclear Liabilities: Financial Assistance

Grants by Secretary of StateE+W+S

1(1)Subject to paragraph 4 below, the Secretary of State may, with the approval of the Treasury, make grants of such amounts as he thinks fit towards qualifying expenditure, that is to say, expenditure incurred or to be incurred by any person in connection with—E+W+S

(a)the storage or reprocessing of nuclear fuel;

(b)the treatment, storage or disposal of radioactive waste; or

(c)the decommissioning of any installation the operation of which requires a licence under section 1 of the M35Nuclear Installations Act 1965.

(2)Subject to paragraph 4 below, the Secretary of State may, with the approval of the Treasury, enter into an agreement with any person under which the Secretary of State undertakes that, if such conditions as may be specified in the agreement are satisfied, he will exercise the power conferred by this paragraph in such manner and to such extent as may be specified in the agreement.

(3)A grant under this paragraph may be made at such times, in such manner and subject to such conditions as the Secretary of State with the approval of the Treasury may determine.

(4)Any sums required by the Secretary of State for making grants under this paragraph shall be paid out of money provided by Parliament.

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Marginal Citations

Loans by Secretary of StateE+W+S

2(1)Subject to paragraph 4 below, the Secretary of State may, with the approval of the Treasury, make loans of such amounts as he thinks fit towards qualifying expenditure.E+W+S

(2)A loan under this paragraph—

(a)may be made at such times, in such manner and subject to such conditions as the Secretary of State may with the approval of the Treasury determine; and

(b)shall be repaid to him at such times and by such methods, and interest thereon shall be paid to him at such rates and at such times, as he may, with the approval of the Treasury, from time to time direct.

(3)Any sums required by the Secretary of State for making loans under this paragraph shall be paid out of money provided by Parliament.

(4)Any sums received under sub-paragraph (2) above by the Secretary of State shall be paid into the Consolidated Fund.

(5)It shall be the duty of the Secretary of State—

(a)to prepare in respect of each financial year, in such form as the Treasury may direct, an account of sums issued to him for loans under this paragraph or received by him under this paragraph, and of the disposal by him of those sums; and

(b)to send the account to the Comptroller and Auditor General not later than the end of November in the following financial year;

and the Comptroller and Auditor General shall examine, certify and report on the account and shall lay copies of it and of his report before each House of Parliament.

Guarantees by Secretary of StateE+W+S

3(1)Subject to paragraph 4 below, the Secretary of State with the approval of the Treasury may guarantee, in such manner and on such terms as he may think fit, the repayment of the principal of, the payment of interest on, and the discharge of any other financial obligation in connection with, any sums which are borrowed from a person other than the Secretary of State for the purpose of meeting qualifying expenditure.E+W+S

(2)Immediately after a guarantee is given under this paragraph, the Secretary of State shall lay a statement of the guarantee before each House of Parliament; and immediately after any sum is paid for fulfilling a guarantee so given, the Secretary of State shall so lay a statement relating to that sum.

(3)Any sums required by the Secretary of State for fulfilling a guarantee under this paragraph shall be paid out of money provided by Parliament.

(4)If any sums are paid out in fulfilment of a guarantee given under this paragraph the person whose obligations are so fulfilled shall make to the Secretary of State, at such times and in such manner as the Secretary of State may from time to time direct—

(a)payments of such amounts as the Secretary of State may so direct in or towards repayment of the sums so paid out; and

(b)payments of interest on what is outstanding for the time being in respect of sums so paid out at such rate as the Secretary of State may so direct;

and the approval of the Treasury shall be required for the giving of a direction under this sub-paragraph.

(5)Any sums received under sub-paragraph (4) above by the Secretary of State shall be paid into the Consolidated Fund.

Financial limitsE+W+S

4(1)The aggregate of the following, namely—E+W+S

(a)grants made or agreed to be made by the Secretary of State under paragraph 1 above;

(b)any amounts outstanding by way of principal in respect of—

(i)loans made by the Secretary of State under paragraph 2 above; or

(ii)sums paid by the Secretary of State in fulfilment of guarantees under paragraph 3 above,

shall not exceed £1,000 million or such greater sum, not exceeding £2,500 million, as the Secretary of State may by order specify.

(2)No order shall be made under this paragraph unless a draft of the order has been approved by a resolution of the House of Commons.

InterpretationE+W+S

5In this Schedule “qualifying expenditure” has the meaning given by paragraph 1(1) above.E+W+S

Section 102.

SCHEDULE 13E+W+S Production and Supply of Heat or Electricity etc. by Scottish Local Authorities

In the M36Local Government (Scotland) Act 1973, the following provisions shall be inserted after section 170—

Heating and electricityE+W+S

170A Production and supply of heat and electricity 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 think 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, or electricity produced, 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 paragraphs and steam produced from and air and water heated by such heat.

(2)Nothing in subsection (1) of this section shall be construed as exempting a local authority from the requirements of Part I of the Electricity Act 1989.

(3)Except in such cases as may be prescribed, a local authority shall not be entitled to sell electricity which is produced otherwise than in association with heat.

(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 I and II of Schedule 3 to the Water (Scotland) Act 1980 (which relate to the breaking open of roads and the laying of communication and supply pipes etc.) 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)in paragraph 1 of that Schedule the words “which they are authorised to lay” were omitted;

(b)for the reference to the special Act in paragraph 2(3) of that Schedule there were substituted a reference to this subsection;

(c)for any reference to a water authority or a water development board there were substituted a reference to the local authority in question, whether acting alone or jointly with some other person; and

(d)for any reference to the limits of supply or area of a water authority or a water development board there were substituted a reference to the area of the local authority.

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

(8)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.

(9)Regulations under subsection (3) of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

170B Provisions supplementary to s.170A.

(1)A local authority who supply or propose 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 level 3 on the standard scale, as is specified in the byelaws.

(2)Subsections (1) to (7) of section 38 of the Water (Scotland) Act 1980 (which relates to the entry of premises by authorised officers of water authorities or water development boards) shall have effect for the purpose of authorising the entry of premises by authorised officers of a local authority who provide or propose to provide such a supply as is mentioned in the preceding subsection as if for any reference to water authorities or water development boards there were substituted a reference to the local 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 local authority for measuring the heat, hot air, hot water or steam supplied or to be supplied by that authority;”

(b)for the words from “this Act” onwards in paragraph (b) there were substituted the words “byelaws in force by virtue of section 170B of the Local Government (Scotland) Act 1973”; and

(c)for the words “this Act” in paragraphs (c) and (d) there were substituted the words “section 170A of that Act”.

(3)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.

(4)An instrument containing regulations under subsection (3) of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5)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.

(6)The accounts of a local authority by whom 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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Marginal Citations

Section 104.

SCHEDULE 14E+W+S The Electricity Supply Pension Scheme

Power to amend schemeE+W+S

1(1)The Secretary of State may make regulations amending the Electricity Supply Pension Scheme (in this Schedule referred to as “the scheme”) for any of the following purposes, namely—E+W+S

(a)for enabling the following persons to participate in or acquire pension rights under the scheme on such terms and conditions as may be prescribed, namely—

(i)members and former members of existing bodies;

(ii)officers and former officers of the Electricity Consumers’ Council; and

(iii)persons (other than successor companies) whose participation in the scheme will not prejudice its approval for the purposes of the relevant enactments, and employees of such persons;

(b)for requiring any persons (including persons not participating in the scheme) to make payments to the trustees of the scheme in such circumstances as may be prescribed;

(c)for requiring or enabling any functions exercisable under the scheme by existing bodies to be exercisable by such persons, and in such circumstances, as may be prescribed;

(d)for enabling the scheme to be wound up (in whole or in part) in such circumstances as may be prescribed; and

(e)for securing that the scheme continues to be approved for the purposes of the relevant enactments, notwithstanding the transfers made by this Act and the repeal by this Act of section 54 of the M37Electricity Act 1947.

(2)Regulations under this paragraph may make such supplemental, consequential and transitional provision as the Secretary of State considers appropriate.

(3)Regulations under this paragraph may be made so as to have effect from a date prior to their making, so however that so much of any regulations as provides that any provision of regulations shall have effect from a date prior to their making shall not place any person other than existing bodies or Scottish Boards, or their successor companies, in a worse position than he would have been in if the regulations had been made to have effect only from the date of their making.

(4)Regulations under this paragraph shall not be made at any time after any supply or generating company has ceased to be wholly owned by the Crown.

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Marginal Citations

Protection for certain personsE+W+S

2(1)The Secretary of State may make regulations for the purpose of securing that—E+W+S

(a)no person to whom paragraph 3(1) or (2) below applies is placed in any worse position by reason of—

(i)any winding up, in whole or in part, of a relevant scheme, that is to say, the scheme or any other scheme which is provided or amended in pursuance of the regulations; or

(ii)any amendment of a relevant scheme which results in benefits under that scheme being reduced, or contributions by employees being increased, and is made otherwise than in such circumstances as may be prescribed;

(b)no person to whom paragraph 3(1) below applies is prevented from continuing to participate in or acquire pension rights under the scheme by reason of any change of employer—

(i)which does not affect his continuity of employment and is made otherwise than in such circumstances as may be prescribed; and

(ii)in the case of which his new employer either is a participant in the scheme or is wholly owned by one or more companies which or each of which is such a participant; and

(c)no person to whom paragraph 3(1) below applies is placed in any worse position by reason of any change of employer which does not affect his continuity of employment but prevents him from continuing to participate in or acquire pension rights under a relevant scheme;

and the references in paragraphs (a) and (c) above to any worse position shall be construed, in relation to a person to whom paragraph 3(1) below applies who, after the transfer date, ceases to participate in or acquire pension rights under the scheme, as references to a position which is any worse than his position immediately before he so ceases.

(2)Regulations under this paragraph may impose duties (whether as to the amendment of the scheme, the provision or amendment of other schemes, the purchase of annuities, the making of payments or otherwise) on persons who are or have been employers of persons to whom paragraph 3(1) or (2) below applies; and duties so imposed on any person may include duties owed to persons of whom he is not and has not been an employer.

(3)Regulations under this paragraph may also provide for any dispute arising under them to be referred to arbitration.

(4)Sub-paragraphs (2) and (4) of paragraph 1 above shall apply for the purposes of this paragraph as they apply for the purposes of that paragraph.

3(1)Subject to sub-paragraph (3) below, this sub-paragraph applies to—E+W+S

(a)any existing employee who, immediately before the transfer date, is a participant in the scheme;

(b)any existing employee who, after that date, participates in the scheme within three months of his attaining the minimum age for such participation;

(c)any former participant who, after that date, participates in or acquires pension rights under the scheme in such circumstances as may be prescribed by regulations under paragraph 2 above; and

(d)any person who participates in the scheme in pursuance of regulations made under paragraph 1(1)(a)(i) or (ii) above.

(2)Subject to sub-paragraph (3) below, this sub-paragraph applies to—

(a)any person not falling within sub-paragraph (1)(c) above who, immediately before the transfer date, is not a participant in the scheme but has pension rights under the scheme; and

(b)any person who, after that date, acquires pension rights under a relevant scheme by reason of the death of a person falling within sub-paragraph (1) or paragraph (a) above,

but only as respects the pension rights by virtue of which he falls within paragraph (a) or (b) above.

(3)Any person to whom sub-paragraph (1) or (2) above applies may elect in such manner as may be prescribed by regulations under paragraph 2 above that that sub-paragraph shall cease to apply to him; and if any person to whom sub-paragraph (1) above applies—

(a)ceases to be in continuous employment; or

(b)voluntarily withdraws from a relevant scheme,

otherwise than in such circumstances as may be so prescribed, that sub-paragraph shall cease to apply to him except as respects pension rights which have accrued to him before that time.

4(1)[F104Chapter I of Part XIV of the Employment Rights Act 1996] shall apply for the purposes of paragraphs 2 and 3 as if—E+W+S

(a)those paragraphs were contained in that Act; and

(b)in that Schedule “associated employer”, in relation to a company participating in a relevant scheme, included any other company participating in such a scheme and any other company of which a company so participating has control, or two or more companies so participating together have control;

but regulations under paragraph 2 above may provide that no account shall be taken for those purposes of any person ceasing to be in continuous employment for such periods and in such circumstances as may be prescribed by the regulations.

(2)For the purposes of sub-paragraph (1) above, a company has control, or two or more companies together have control, of another company (“the other company”) if—

(a)that company, or each of those companies, is a member of the other company and that company controls, or those companies together control, the composition of the other company’s board of directors;

(b)that company holds, or those companies together hold, more than half in nominal value of the other company’s equity share capital;

(c)a company of which the company has control, or those companies together have control, has control of the other company; or

(d)two or more companies of which that company has control, or those companies together have control, together have control of the other company;

and subsections (2) to (4) of section 736 of the M38Companies Act 1985 (as originally enacted) shall, with any necessary modifications, apply for the purposes of this sub-paragraph as they apply for purposes of subsection (1) of that section.

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Amendments (Textual)

F104Words in Sch. 14 para. 4(1) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 43(3)(a) (with ss. 191-195, 202)

Marginal Citations

InterpretationE+W+S

5(1)In this Schedule—E+W+S

  • Consultative Council” means a Consultative Council established under section 7 of the M39Electricity Act 1947 for the area of an Area Board;

  • employer”, in relation to a person employed by a company which is a wholly-owned subsidiary of another company, includes that other company;

  • existing body” means any of the following, namely, the Area Boards, the Generating Board and the Electricity Council;

  • existing employee” means any person who, immediately before the transfer date, is employed by an existing body or a Consultative Council, or falls to be treated as employed by an existing body by virtue of regulations made under section 54(4) of the M40Electricity Act 1947 (service as a member to count as service as an employee);

  • former participant” means any person who, immediately before the transfer date, is not a participant in the scheme but has pension rights under the scheme by virtue of his having been such a participant;

  • pension”, in relation to any person, means a pension of any kind payable to or in respect of him, and includes a lump sum, allowance or gratuity so payable and a return of contributions, with or without interest or any other addition;

  • pension rights”, in relation to any person, includes—

    (a)

    all forms of right to or eligibility for the present or future payment of a pension to or in respect of him; and

    (b)

    any expectation of the accruer of a pension to or in respect of him;

    and includes a right of allocation in respect of the present or future payment of a pension;

  • the relevant enactments” means Chapter I of Part XIV of the M41Income and Corporation M42Taxes Act 1988 (retirement benefit schemes) and Part III of the [F105Pension Schemes Act 1993 (so far as relating to occupational pension schemes within the meaning of that Act)];

  • relevant scheme” has the meaning given by paragraph 2(1) above;

  • the scheme” has the meaning given by paragraph 1(1) above;

  • wholly-owned subsidiary” has the same meaning as in the Companies Act 1985.

(2)For the purposes of this Schedule, a company is wholly owned by one or more other companies if it has no members except—

(a)that other or those others and its or their nominees; and

(b)wholly-owned subsidiaries of that other or those others and their nominees.

(3)Subject to sub-paragraph (1) above, expressions used in this Schedule which are also used in Part I or II of this Act have the same meanings as in that Part.

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Amendments (Textual)

Marginal Citations

Section 105.

SCHEDULE 15E+W+S The Scottish Pension Schemes

Power to amend schemesE+W+S

1(1)The Secretary of State may make regulations amending the Hydroboard Superannuation Fund (in this Schedule referred to as “the North Scheme”) and the South of Scotland Electricity Board’s Superannuation Scheme (in this Schedule referred to as “the South Scheme”) for any of the following purposes, namely—E+W+S

(a)for enabling members, former members and existing employees of the Scottish Boards to participate in or acquire pension rights under the North Scheme or the South Scheme on such terms and conditions as may be prescribed;

(b)for requiring any persons to make payments to the trustees of the schemes in such circumstances as may be prescribed;

(c)for enabling either scheme, or both schemes, to be wound up (in whole or in part) in such circumstances as may be prescribed; and

(d)for securing that the schemes continue to be approved for the purposes of the relevant enactments notwithstanding the transfers made by this Act and the repeal by this Act of section 37 of the M43Electricity (Scotland) Act 1979.

(2)Without prejudice to the generality of paragraph (c) of sub-paragraph (1) above, regulations made for the purposes of that paragraph may require persons not participating in—

(a)the North Scheme to make payments to the trustees of the North Scheme;

(b)the South Scheme to make payments to the trustees of the South Scheme.

(3)Regulations under this paragraph may make such supplemental, consequential and transitional provision as the Secretary of State considers appropriate.

(4)Regulations under this paragraph may be made so as to have effect from a date prior to their making, so however that so much of any regulations as provides that any provision of regulations shall have effect from a date prior to their making shall not place any person other than the Boards or existing bodies (within the meaning of Schedule 14 to this Act), or their successor companies, in a worse position than he would have been in if the regulations had been made to have effect only from the date of their making.

(5)Regulations under this paragraph shall not be made at any time after any Scottish electricity company has ceased to be wholly owned by the Crown.

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Marginal Citations

Protection for certain personsE+W+S

2(1)The Secretary of State may make regulations for the purpose of securing that (regardless of which scheme an existing employee of the Scottish Boards is a participant in immediately before the transfer date)—E+W+S

(a)no person to whom paragraph 3(1) or (2) below applies is placed in any worse position by reason of—

(i)any winding up, in whole or in part, of a relevant scheme, that is to say, the North Scheme or the South Scheme or any other scheme which is provided or amended in pursuance of the regulations; or

(ii)any amendment of a relevant scheme which results in benefits under that scheme being reduced, or contributions by employees being increased, and is made otherwise than in such circumstances as may be prescribed; and

(b)no person to whom paragraph 3(1) below applies is prevented from continuing to participate in or acquire pension rights under the North Scheme or the South Scheme by reason of any change of employer—

(i)which does not affect his continuity of employment and is made otherwise than in such circumstances as may be prescribed; and

(ii)in the case of which his new employer either is a participant in that scheme or is wholly owned by one or more companies which or each of which is such a participant; and

(c)no person to whom paragraph 3(1) below applies is placed in any worse position by reason of any change of employer which does not affect his continuity of employment but prevents him from continuing to participate in or acquire pension rights under a relevant scheme;

and the references in paragraphs (a) and (c) above to any worse position shall be construed, in relation to a person to whom paragraph 3(1) below applies who, after the transfer date, ceases to participate in or acquire pension rights under the North Scheme or the South Scheme, as references to a position which is any worse than his position, immediately before he so ceases, under whichever of the schemes he is then participating in or last acquired pension rights under.

(2)Regulations under this paragraph may impose duties (whether as to the amendment of either scheme, the provision or amendment of other schemes, the purchase of annuities, the making of payments or otherwise) on persons who are or have been employers of persons to whom paragraph 3(1) or (2) below applies; and duties so imposed on any person may include duties owed to persons of whom he is not and has not been an employer.

(3)Regulations made under this paragraph may also provide for any dispute arising under them to be referred to arbitration.

(4)Sub-paragraphs (3) and (5) of paragraph 1 above shall apply for the purposes of this paragraph as they apply for the purposes of that paragraph.

3(1)Subject to sub-paragraph (3) below, this sub-paragraph applies to—E+W+S

(a)any—

(i)existing employee of the Scottish Boards; or

(ii)existing employee of a Consultative Council,

who, immediately before the transfer date, is a participant in the North Scheme or the South Scheme;

(b)any existing employee of the Scottish Boards who, after that date, participates in either scheme within three months of his attaining the minimum age for such participation;

(c)any former participant in either scheme who, after that date, participates in or acquires pension rights under either scheme in such circumstances as may be prescribed by regulations under paragraph 2 above; and

(d)any person who participates in either scheme in pursuance of regulations made under paragraph 1(1)(a) above.

(2)Subject to sub-paragraph (3) below, this sub-paragraph applies to—

(a)any person not falling within sub-paragraph (1)(c) above who, immediately before the transfer date, is not a participant in the North Scheme or the South Scheme but has pension rights under either scheme; and

(b)any person who, after that date, acquires pension rights under a relevant scheme by reason of the death of a person falling within sub-paragraph (1) or paragraph (a) above,

but only as respects the pension rights by virtue of which he falls within paragraph (a) or (b) above.

(3)Any person to whom sub-paragraph (1) or (2) above applies may elect in such manner as may be prescribed by regulations under paragraph 2 above that that sub-paragraph shall cease to apply to him; and if, otherwise than in such circumstances as may be so prescribed, any person to whom sub-paragraph (1) above applies—

(a)ceases to be in continuous employment; or

(b)voluntarily withdraws from a relevant scheme and does not forthwith—

(i)become a participant in another such scheme; and

(ii)transfer to that scheme the pension rights which have accrued to him before that time under the scheme from which he is withdrawing,

that sub-paragraph shall cease to apply to him except as respects pension rights which have so accrued.

4(1)[F106Chapter I of Part XIV of the Employment Rights Act 1996] shall apply for the purposes of paragraphs 2 and 3 above as if—E+W+S

(a)those paragraphs were contained in that Act; and

(b)in that Schedule “associated employer”, in relation to a company participating in a relevant scheme, included any other company participating in such a scheme and any other company of which a company so participating has control, or companies so participating together have control;

but regulations under paragraph 2 above may provide that no account shall be taken for the purposes of this paragraph of any person ceasing to be in continuous employment for such periods and in such circumstances as may be prescribed by the regulations.

(2)For the purposes of sub-paragraph (1) above, a company has control, or two or more companies together have control, of another company (“the other company”) if—

(a)that company, or each of those companies, is a member of the other company and that company controls, or those companies together control, the composition of the other company’s board of directors;

(b)that company holds, or those companies together hold, more than half in nominal value of the other company’s equity share capital;

(c)a company of which that company has control, or those companies together have control, has control of the other company; or

(d)two or more companies of which that company has control, or those companies together have control, together have control of the other company;

and subsections (2) to (4) of section 736 of the M44Companies Act 1985 (as originally enacted) shall, with any necessary modifications, apply for the purposes of this sub-paragraph as they apply for purposes of subsection (1) of that section.

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Amendments (Textual)

F106Words in Sch. 15 para. 4(1) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 43(3)(b) (with ss. 191-195, 202)

Marginal Citations

InterpretationE+W+S

5(1)In this Schedule—E+W+S

  • Consultative Council” means a Consultative Council established under section 7A of the M45Electricity Act 1947 for the district of a Scottish Board;

  • employer”, in relation to a person employed by a company which is a wholly-owned subsidiary of another company, includes that other company;

  • existing employee of a Consultative Council” means any person who, immediately before the transfer date, is employed by a Consultative Council;

  • existing employee of the Scottish Boards” means any person who, immediately before the transfer date, is employed by one or other of those Boards or falls to be treated as so employed by virtue of regulations made under section 54(4) of the M46Electricity Act 1947 (service as a member to count as service as an employee);

  • former participant” means any person who, immediately before the transfer date, is not a participant in the North Scheme or the South Scheme but has pension rights under one or other (or both) of the schemes by virtue of his having been such a participant;

  • pension”, in relation to any person, means a pension of any kind payable to or in respect of him, and includes a lump sum, allowance or gratuity so payable and a return of contributions, with or without interest or any other addition;

  • pension rights”, in relation to any person, includes—

    (a)

    all forms of right to or eligibility for the present or future payment of a pension to or in respect of him; and

    (b)

    any expectation of the accruer of a pension to or in respect of him;

    and includes a right of allocation in respect of the present or future payment of a pension;

  • the relevant enactments” means Chapter I of Part XIV of the M47Income and Corporation M48Taxes Act 1988 (retirement benefit schemes) and Part III of the [F107Pension Schemes Act 1993 (so far as relating to occupational pension schemes within the meaning of that Act)];

  • relevant scheme” has the meaning given by paragraph 2(1) above;

  • wholly-owned subsidiary” has the same meaning as in the M49Companies Act 1985.

(2)For the purposes of this Schedule, a company is wholly owned by one or more other companies if it has no members except—

(a)that other or those others and its or their nominees; and

(b)wholly-owned subsidiaries of that other or those others and their nominees.

(3)Subject to sub-paragraph (1) above, expressions used in this Schedule which are also used in Part I or II of this Act have the same meanings as in that Part.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F107Words in Sch. 15 para. 5(1) substituted (7.2.1994) by 1993 c. 48, s. 190, Sch. 8 para.23 (with ss. 6(8), 164); S.I. 1994/86, art. 2

Marginal Citations

Section 112(1).

SCHEDULE 16E+W+S+N.I. Minor and Consequential Amendments

Enactments relating to statutory undertakers etc.E+W+S

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—E+W+S

(i)section 16 of the M50Public Health Act 1925;

(ii)the M51Public Health Act 1936;

F108(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv)Schedule 3 to the M52Water Act 1945;

(v)section 4 of the M53Requisitioned Land and War Works Act 1948;

[F109F110(vi)the M54Water Act 1948;]

(vii)the National Parks and Access to the M55Countryside Act 1949;

(viii)the M56Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951;

(ix)the M57Landlord and Tenant Act 1954;

(x)the M58Opencast Coal Act 1958;

(xi)the M59Flood Prevention (Scotland) Act 1961;

(xii)section 17(10) of the M60Public Health Act 1961;

(xiii)the M61Pipe-lines Act 1962;

(xiv)Schedule 3 to the M62Harbours Act 1964;

(xv)Schedule 6 to the M63Gas Act 1965;

(xvi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F111

(xvii)section 40 of the M64Forestry Act 1967;

(xviii)section 50 of the M65Agriculture Act 1967;

(xix)section 38 of the M66Countryside (Scotland) Act 1967;

(xx)paragraph 6 of Schedule 2 to the M67Countryside Act 1968;

(xxi)section 22 of the M68Sewerage (Scotland) Act 1968;

(xxii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F112

F113(xxiii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xxiv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F112

(xxv)sections 51 . . . F112of the M69Land Compensation Act 1973;

(xxvi)sections 47 F114. . . of the M70Land Compensation (Scotland) Act 1973;

(xxvii)Part III of the M71Control of Pollution Act 1974;

(xxviii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F115

(xxix)the M72Welsh Development Agency Act 1975;

(xxx)sections 15(3) and 26 of the M73Local Government (Miscellaneous Provisions) Act 1976;

F116(xxxi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xxxii)section 9(3) of the M74Inner Urban Areas Act 1978;

(xxxiii)the M75Ancient Monuments and Archaeological Areas Act 1979;

(xxxiv)[F117Part] XVI of the M76Local Government, Planning and Land Act 1980;

(xxxv)section 53 of the M77Civil Aviation Act 1982;

(xxxvi)section 30 of the M78Local Government (Miscellaneous Provisions) Act 1982;

(xxxvii)section 120 of the M79Civic Government (Scotland) Act 1982;

(xxxviii)section 2(2)(c) of the M80Cycle Tracks Act 1984;

(xxxix)the M81Building Act 1984;

(xl)section 283(2) of the M82Housing Act 1985;

(xli)paragraph 11 of Schedule 8 to the M83Housing (Scotland) Act 1987.

[F109(xlii)section 9 of the Enterprise and New Towns (Scotland) Act 1990.]

(2)References in the M84Landlord 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 M85Civil 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 M86Highways Act 1980 to electricity undertakers shall be construed as references to the holder of a licence under section 6(1)(a) of this Act.

[F110(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 M87Water Act 1981.]

(6)Paragraph 23 of Schedule 2 to the M88Telecommunications 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 M89Building 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 M90Housing (Scotland) Act 1987.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F113Sch. 16 para. 1(1)(xxiii) repealed (27.5.1997) by 1997 c. 11 ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F114Words in Sch. 16 para. 1(1)(xxvi) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

Marginal Citations

2(1)A licence holder who is entitled to exercise any power conferred by Schedule 3 or 4 to this Act shall be deemed to be a statutory undertaker for the purposes of section 66 of the M91Countryside (Scotland) Act 1967 and section 11 of the M92Countryside Act 1968.E+W+S

(2)A licence holder who is entitled to exercise any power conferred by Schedule 3 to this Act shall be deemed to be a statutory undertaker and his undertaking a statutory undertaking for the purposes of the following enactments, namely—

(a)the M93Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

(b)the M94New Towns (Scotland) Act 1968;

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F118

F119(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)section 120 of the M95Local Government, Planning and Land Act 1980;

(f)the M96New Towns Act 1981;

(g)the M97Acquisition of Land Act 1981; and

(h)sections 47, 48, 49 and 51 of, and Schedule 9 to, the M98Civil Aviation Act 1982.

(3)The reference in section 48(6) of the Civil Aviation Act 1982 to an electricity undertaker shall be construed as a reference to a licence holder who is entitled to exercise any power conferred by Schedule 4 to this Act.

(4)A licence holder who is entitled to exercise any power conferred by paragraph 1 of Schedule 4 to this Act shall be deemed to be a statutory undertaker and his undertaking a statutory undertaking for the purposes of the following enactments, namely—

(a)section 26 of the M99Public Health Act 1925;

(b)section 17(1)(b) of the M100Requisitioned Land and War Works Act 1945;

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F118

(d)the M101Highways Act 1980; and

(e)sections 296 and 611 of the M102Housing Act 1985.

(5)References in the following enactments, namely—

(a)section 6 of the M103Local Government (Miscellaneous Provisions) Act 1953;

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F118

(c)sections 176 and 185 of the M104Highways Act 1980; and

(d)paragraph 3 of Schedule 5 to the M105Road Traffic Regulation Act 1984;

to electricity undertakers shall be construed as references to licence holders entitled to exercise any power conferred by paragraph 1 of Schedule 4 to this Act.

(6)A licence holder entitled to exercise any power conferred by paragraph 1 of Schedule 4 to this Act shall be deemed to be a public utility undertaker for the purposes of the Highways Act 1980 F120. . ..

(7)A licence holder who is entitled to exercise any power conferred by paragraph 2 of Schedule 4 to this Act shall be deemed to be a statutory undertaker and his undertaking a statutory undertaking for the purposes of the following enactments, namely—

F119(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the M106Roads (Scotland) Act 1984.

(8)References in the M107Local Government (Omnibus Shelters and Queue Barriers) (Scotland) Act 1958 F121. . . to electricity undertakers shall be construed as references to licence holders entitled to exercise any power conferred by paragraph 2 of Schedule 4 to this Act.

(9)It is immaterial for the purposes of this paragraph whether any power conferred by, or by any provision of, Schedule 3 or 4 to this Act on the holder of a licence under section 6(1)(a) or (2) of this Act is qualified by restrictions, exceptions or conditions included in the licence.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F119Sch. 16 para. 2 (2)(d)(7)(a) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F121Words in Sch. 16 para. 2(8) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

Marginal Citations