Electricity Act 1957

34 Special provisions as to public inquiries

(1) Where an application has been made to the Minister for his consent or authorisation under paragraph (b) of section ten of the Schedule of 1899, or for his consent under section two of the Electric Lighting Act, 1909, and the local planning authority have notified the Minister that they object to the application, and that objection of the local planning authority has not been withdrawn, the Minister (either in additon to, or in lieu of, any other hearing or opportunity of stating objections) shall cause a public inquiry to be held, and, before determining whether to give his consent or authorisation, shall consider the objection and the report of the person who held the inquiry:

Provided that this subsection shall not apply where the Minister proposes to accede to the application subject to such modifications or conditions as will give effect to the objection of the local planning authority.

(2) In relation to applications for consent under section two of the Electric Lighting Act, 1909, and to applications for consent or authorisation under paragraph (b) of section ten of the Schedule of 1899 in respect of the placing of high voltage lines, the Minister shall make provision by regulations for securing—

(a) that (in addition to any notice required to be given under section two of the said Act of 1909) notice of every such application shall be published in such manner as may be specified in the regulations;

(b) that (in addition to any notice required to be given under the said section two, and to the publication of notices in accordance with the preceding paragraph) notice of any such application shall, where the Minister so directs, be served upon such persons as may be specified in the directions;

(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 can be made by persons other than those to whom (under the said section two, or under section twenty-one of the Electricity (Supply) Act, 1919) an opportunity of being heard or of stating objections is required to be given, and that the time so stated shall not be less than such minimum period as may be specified in the regulations; and

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

Provided that, in relation to applications for consent under the said section two to the extension of generating stations, any regulations made under this subsection may include provision for enabling the Minister to give directions dispensing with the requirements of the regulations, in cases where in accordance with that section the Minister dispenses with the giving of notices thereunder.

(3) Where, in the case of any such application as is mentioned in the last preceding subsection,—

(a) the Minister is not required by virtue of subsection (1) of this section to cause a public inquiry to be held, but

(b) objections or copies of objections have been sent to the Minister in pursuance of regulations made under the last preceding subsection,

the Minister 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 in lieu of, any other hearing or opportunity of stating objections to the application.

(4) Where in accordance with any of the preceding provisions of this section a public inquiry is to be held in respect of an application by an Electricity Board, the Minister shall inform the Board accordingly; and the Board shall in two successive weeks publish a notice stating—

(a) the fact that the application has been made, and the purpose thereof, 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 therein, can be inspected; and

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

(5) A notice under the last preceding subsection 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 Board publishing the notice may consider appropriate.

(6) If it appears to the Minister that, in addition to the publication of a notice in accordance with subsections (4) and (5) of this section, 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 subsection (4) of this section is sufficiently made known to persons in the locality, the Minister may direct the Board to take such further steps for that purpose as may be specified in the direction.

(7) Where in accordance with this section a public inquiry is to be held in respect of an application for the consent or authorisation of the Minister under paragraph (b) of section ten of the Schedule of 1899, and (whether in pursuance of subsection (2) of section thirty-two of this Act or otherwise) the Minister is proceeding concurrently as mentioned in subsection (1) of section forty-four of the Electricity (Supply) Act, 1926, the public inquiry shall extend to all the matters arising in those concurrent proceedings, and any notice of the inquiry (in addition to any other matters required to be stated therein) shall indicate the extent of the inquiry accordingly.

(8) The provisions of the Second Schedule to this Act shall have effect for the purposes of this section.

(9) In the application of this section to Scotland.—

(a) for any reference to the Minister there shall be substituted a reference to the Secretary of State; and

(b) subsections (4) and (5) shall not apply, and for subsection (6) there shall be substituted the following subsection:—

“(6) Where in pursuance of subsection (1) or subsection (3) of this section 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 Board to take such further steps for this purpose as may be specified in the direction.”

(10) In this section " high voltage line " means an electric line for conveying or transmitting electricity at or above a voltage of one hundred and thirty-two thousand.