Electricity Act 1989

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—

(i)section 16 of the M1Public Health Act 1925;

(ii)the M2Public Health Act 1936;

(iii)section 33 of the M3Coal Act 1938;

(iv)Schedule 3 to the M4Water Act 1945;

(v)section 4 of the M5Requisitioned Land and War Works Act 1948;

[F1F2(vi)the M6Water Act 1948;]

(vii)the National Parks and Access to the M7Countryside Act 1949;

(viii)the M8Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951;

(ix)the M9Landlord and Tenant Act 1954;

(x)the M10Opencast Coal Act 1958;

(xi)the M11Flood Prevention (Scotland) Act 1961;

(xii)section 17(10) of the M12Public Health Act 1961;

(xiii)the M13Pipe-lines Act 1962;

(xiv)Schedule 3 to the M14Harbours Act 1964;

(xv)Schedule 6 to the M15Gas Act 1965;

(xvi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(xvii)section 40 of the M16Forestry Act 1967;

(xviii)section 50 of the M17Agriculture Act 1967;

(xix)section 38 of the M18Countryside (Scotland) Act 1967;

(xx)paragraph 6 of Schedule 2 to the M19Countryside Act 1968;

(xxi)section 22 of the M20Sewerage (Scotland) Act 1968;

(xxii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(xxiii)sections 19, 108(2), 117, 121, 138, 154(3), 170 to 172, 175, 181, 202(3), 205, 211, 212, 214 to 230, 233(7), 242, 266(6)(b) and 275(2) of, and Schedule 8 and paragraphs 1 to 3 of Schedule 17 to, the M21Town and Country Planning (Scotland) Act 1972;

(xxiv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(xxv)sections 51 . . . F4of the M22Land Compensation Act 1973;

(xxvi)sections 47 and 67 of the M23Land Compensation (Scotland) Act 1973;

(xxvii)Part III of the M24Control of Pollution Act 1974;

(xxviii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(xxix)the M25Welsh Development Agency Act 1975;

(xxx)sections 15(3) and 26 of the M26Local Government (Miscellaneous Provisions) Act 1976;

(xxxi)the M27Development of Rural Wales Act 1976;

(xxxii)section 9(3) of the M28Inner Urban Areas Act 1978;

(xxxiii)the M29Ancient Monuments and Archaeological Areas Act 1979;

(xxxiv)Parts XII and XVI of the M30Local Government, Planning and Land Act 1980;

(xxxv)section 53 of the M31Civil Aviation Act 1982;

(xxxvi)section 30 of the M32Local Government (Miscellaneous Provisions) Act 1982;

(xxxvii)section 120 of the M33Civic Government (Scotland) Act 1982;

(xxxviii)section 2(2)(c) of the M34Cycle Tracks Act 1984;

(xxxix)the M35Building Act 1984;

(xl)section 283(2) of the M36Housing Act 1985;

(xli)paragraph 11 of Schedule 8 to the M37Housing (Scotland) Act 1987.

[F1(xlii)section 9 of the Enterprise and New Towns (Scotland) Act 1990.]

(2)References in the M38Landlord 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 M39Civil 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 M40Highways Act 1980 to electricity undertakers shall be construed as references to the holder of a licence under section 6(1)(a) of this Act.

[F2(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 M41Water Act 1981.]

(6)Paragraph 23 of Schedule 2 to the M42Telecommunications 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 M43Building 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 M44Housing (Scotland) Act 1987.

Textual Amendments

Marginal Citations