Textual Amendments
F1Ss. 1–4, 6–15 repealed by Transport Act 1962 (c. 46), Sch. 12 Pt. II
Textual Amendments
F2Ss. 16, 17 repealed by Transport (London) Act 1969 (c. 35), Sch. 6
Textual Amendments
F3Ss. 18, 20–22 repealed by Transport Act 1962 (c. 46), Sch. 12 Pt. II
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Textual Amendments
F4S. 19 omitted (15.7.2003) by virtue of Transport for London (Consequential Provisions) Order 2003 (S.I. 2003/1615), art. 1(1), Sch. 1 para. 1(2)
Textual Amendments
F5Ss. 18, 20–22 repealed by Transport Act 1962 (c. 46), Sch. 12 Pt. II
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Textual Amendments
F6S. 23 omitted (15.7.2003) by virtue of Transport for London (Consequential Provisions) Order 2003 (S.I. 2003/1615), art. 1(1), Sch. 1 para. 1(3)
(1)Where immediately before the appointed day a local authority was furnishing from an electricity undertaking owned by that authority the whole or any part of the supply of electricity necessary for the purposes of a tramway undertaking, being an undertaking which is owned or worked by that authority and which is transferred to [F8the Executive] by this Act (in this section referred to as “a transferred undertaking”) the following provisions shall have effect.
(2)Subject to the provisions of this section, [F8the Executive] shall continue to take the whole or, as the case may be, the same proportionate part of the supply of electricity necessary for the purposes of the transferred undertaking from the electricity undertaking of the authority and shall pay for that supply such price as may be agreed between [F8the Executive] and the local authority, or in default of agreement as may be determined by an arbitrator to be agreed or, failing agreement, to be appointed by the Minister.
(3)Where [F8the Executive] is desirous of substituting for the supply of electricity furnished by the local authority for the purposes of the transferred undertaking a supply from some other source of supply, [F8the Executive] shall notify the local authority concerned at least six months before the date when the proposed substitution is to take effect, and, if within one month from the receipt of that notice the local authority serves on [F8the Executive] notice of objection to the proposed substitution, [F8the Executive] shall not, unless otherwise agreed between [F8the Executive] and the local authority concerned, substitute the supply from that other source of supply—
(a)unless and until the Electricity Commissioners established under the M1Electricity (Supply) Act 1919 give their written consent to the substitution; and
(b)where the generating station from which at the date of the notice of objection the supply of electricity is being furnished is owned by the local authority and is a station which by virtue of a scheme made under the M2Electricity (Supply) Act 1926 has become a selected station, unless and until that station is being operated as a selected station under the directions of the Central Electricity Board.
(4)Where in pursuance of the last preceding subsection a supply of electricity from a source of supply other than the electricity undertaking of the authority is substituted, or where [F8the Executive] abandons the working of the transferred undertaking, then, unless otherwise agreed between [F8the Executive] and the local authority concerned—
(a)[F8the Executive], if so required by the authority—
(i)shall take over from the authority all such plant (other than generating plant), including mains, cables, sub-station buildings and sub-station equipment as has been provided by the authority solely for the purpose of supplying electricity for the transferred undertaking and is not suitable for use by the electricity undertaking of the authority except for that purpose; and
(ii)shall from time to time pay to the authority such sums as may be sufficient to enable the authority to satisfy its outstanding liabilities or obligations in respect of any loan raised by the authority and applied for the purposes of the plant so taken over, calculated on the basis prescribed by section nine of this Act for the calculation of the sums to be paid by [F8the Executive] as consideration for the transfer of a transferred undertaking; and
(b)where after [F8the Executive] has taken over any such plant as aforesaid, there remains as part of the electricity undertaking of the authority any such plant as aforesaid (other than generating plant) which has been provided by the authority solely for the purpose of supplying electricity for the transferred undertaking and is suitable, but is not immediately required, for use by the electricity undertaking of the authority for other purposes, [F8the Executive] shall at its option either—
(i)take over that remaining plant on the same terms as if it had been plant which [F8the Executive] had been required to take over under paragraph (a) of this subsection; or
(ii)pay to the authority from time to time in respect of each item of that remaining plant until that item of plant can again be brought into use by the electricity undertaking for those other purposes such sums as may be sufficient to enable the authority to satisfy its outstanding liabilities or obligations as they fall due for payment in respect of any loan raised by the authority and applied for the purposes of the item of plant so remaining unsuitable for use, calculated in the same manner as the sums which are to be paid by [F8the Executive] in respect of the plant taken over by it under paragraph (a) of this subsection.
(5)Where in pursuance of subsection (3) of this section a supply of electricity from a source of supply other than the electricity undertaking of the authority is substituted and the supply of electricity furnished by the authority is procured wholly or in part from some source other than a generating station owned by the local authority, [F8the Executive] shall pay such compensation to the authority in respect of the increased costs, if any, of supplies of electricity required for the purposes of its electricity undertaking by reason of the loss of the demand for tramway purposes and the adverse effect, if any, upon the load factor of the electricity undertaking of the authority as may be agreed or in default of agreement as may be determined by an arbitrator to be agreed or, failing agreement, to be appointed by the Minister.
(6)Nothing in this section shall affect any rights of the mayor, aldermen and burgesses of the borough of Leyton arising under any contract relating to the supply of electricity for the purpose of a tramway undertaking which is transferred to [F8the Executive] by this Act.]
Textual Amendments
F7S. 24 repealed (E.W.) by London Regional Transport Act 1984 (c. 32, SIF 126), s. 71(3)(b), Sch. 7
F8Words substituted by virtue of Transport Act 1962 (c. 46), Sch. 2 Pt. I and Transport (London) Act 1969 (c. 35), Sch. 3 para. 1(1)(2)(g)
Marginal Citations
Textual Amendments
F9Ss. 25, 26 repealed by Transport (London) Act 1969 (c. 35), Sch. 6
Textual Amendments
F10Ss. 27–36 repealed by Transport Act 1962 (c. 46), Sch. 12 Pt. II