Electricity Act 1957

32 Further provisions as to placing of electric lines

(1) Every application for the consent or authorisation of the Minister under paragraph (b) of section ten of the Schedule of 1899 (in this section referred to as " section ten (b)")—

(a) shall be in writing ;

(b) shall describe by reference to a map the land across which the electric line is proposed to be placed; and

(c) shall state whether all necessary wayleaves have been agreed with owners and occupiers of land proposed to be crossed by the line.

(2) Where such an application made by an Electricity Board states that all necessary wayleaves have not been agreed as mentioned in paragraph (c) of the preceding subsection, the Minister, if he thinks fit, may give notice to the Board that he does not propose to proceed with the application until he is satisfied, with respect to all the land over which wayleaves have not been agreed, that the Board have taken such action on their part as is mentioned in subsection (1) of section forty-four of the Electricity (Supply) Act, 1926 (which enables applications for consent or authorisation under section ten (b) and applications in respect of wayleaves to be taken concurrently); and where the Minister gives such a notice under this subsection—

(a) the Minister shall not be required to proceed with the application until he is satisfied that the Board have taken all the requisite action in accordance with the notice, and

(b) the provisions of subsection (1) of the said section forty-four as to concurrent proceedings shall apply accordingly.

(3) Where an application for consent or authorisation under section ten (b) states that all necessary wayleaves have not been agreed, but the Minister does not proceed concurrently as mentioned in subsection (1) of the said section forty-four, the Minister, if he gives his consent or authorisation under section ten (b), may give it 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 or authorisation) that the work is not to proceed until the Minister gives his permission; and in determining at any time whether to give permission for the work to proceed, either generally or in respect of a part of the line, the Minister—

(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.

(4) In the application of this section to Scotland, for any reference to the Minister there shall be substituted a reference to the Secretary of State.