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Electricity Act 1957

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28Supply of electricity to railways

(1)Subject to the provisions of this section, it shall be the duty of the Generating Board to provide in England and Wales, and it shall be the duty of the Scottish Electricity Boards to provide in their respective Districts, a supply of electricity to meet the requirements for haulage or traction of railway undertakers.

(2)A supply of electricity to railway undertakers may be provided—

(a)in England or Wales by the South of Scotland Board with the approval of the Generating Board ;

(b)in the South of Scotland District by the Generating Board with the approval of the South of Scotland Board; or

(c)in the District of either of the Scottish Electricity Boards by the other of them, with the approval of the Board in whose District the supply is provided.

(3)An Area Board shall not, except with the approval of the Generating Board, supply electricity to railway undertakers for purposes of haulage or traction.

(4)Nothing in the last preceding subsection shall be construed as authorising an Area Board to supply electricity to railway undertakers in the area of another Area Board, or in the District of a Scottish Electricity Board, except with the agreement of that Board or an authorisation given by the Electricity Council or the Secretary of State (in accordance with the provisions of subsections (4) and (5) of section one of the principal Act), as well as the approval of the Generating Board as required by the last preceding subsection.

(5)The terms and conditions on which electricity is supplied by an Electricity Board to any railway undertakers for the purposes of haulage or traction shall be such as may be agreed between the Board and the undertakers or, in default of such agreement, as may be determined by the appropriate Ministers:

Provided that any terms and conditions so agreed or determined shall be such as, in the opinion of the Board, or of the appropriate Ministers, as the case may be, will not cause a financial loss to result to the Board from the provision of the supply.

(6)Where the terms and conditions on which electricity is supplied by an Electricity Board to any railway undertakers for purposes of haulage or traction are determined by the appropriate Ministers, that determination—

(a)shall not extend to the terms and conditions on which any electricity so supplied may be used by the undertakers for other purposes, and

(b)shall not be taken to preclude the Board and the undertakers from subsequently varying the terms and conditions so determined by agreement between them.

(7)An Electricity Board may enter into an agreement with any railway undertakers, to whom the Board are to supply electricity for purposes of haulage or traction, whereby any of that electricity may be used by the undertakers for other purposes, on such terms and conditions as may be specified in the agreement.

(8)Without prejudice to any other enactment providing for the protection of telegraphic lines belonging to or used by the Postmaster General, any electricity supplied under this section to any railway undertakers shall be used in such manner as not to cause, or to be likely to cause, any interference (whether by induction or otherwise) with any such telegraphic line, or with telegraphic communication by means of any such line.

(9)In this section " the appropriate Ministers ", in relation to Electricity Boards in England and Wales, means the Minister and the Minister of Transport and Civil Aviation acting jointly, and, in relation to Scottish Electricity Boards, means the Secretary of State and the Minister of Transport and Civil Aviation acting jointly, and " telegraphic line " has the same meaning as in the Telegraph Act, 1878.

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