Chwilio Deddfwriaeth

Electricity Act 1947

Status:

Dyma’r fersiwn wreiddiol (fel y’i gwnaed yn wreiddiol).

Section 57.

FOURTH SCHEDULEAdaptations and Modifications of Enactments.

PART IEnactments other than the Electric Lighting (Clauses) Act, 1899, and the Hydro-Electric Development (Scotland) Act, 1943.

General Adaptations.

Subject to any specific adaptation or modification made by this Schedule, references in any of the provisions of the Electricity (Supply) Acts, 1882 to 1936, or any other enactment (except the Electric Lighting (Clauses) Act, 1899, the Act of 1943, or any local enactment)—

(a)to any body or person authorised by any enactment or licence to supply electricity in any area (whatever expression may be used to describe such a body or person) ;

(b)to the undertaking of any such body or person ; and

(c)to any enactment or licence authorising such supply (whatever expression may be used);

shall be construed as referring only to an Electricity Board, to the business carried on by any such Board, and to any local enactment applicable to any such Board, respectively.

References in any of the provisions of the Electricity (Supply) Acts, 1882 to 1936, to those Acts, and any reference therein to one or more of those Acts, being a reference which, by virtue of the construction of those Acts as one, is to be construed as a reference to all the said Acts, shall be construed as including a reference to this Act and, as regards the North of Scotland Board, to the Act of 1943.

In their application to the North of Scotland District, the Electricity (Supply) Acts, 1882 to 1936, shall have effect with the additional modification that there shall be substituted (except in section four of the Electric Lighting Act, 1888, sections one to four, twenty-nine and thirty-nine of the Electricity (Supply) Act, 1919, and the Electricity Supply (Meters) Act, 1936) for references to the Minister or the Electricity Commissioners, references to the Secretary of State.

Specific Adaptations and Modifications.

Enactment.Adaptation or Modification.
Electric Lighting Act, 1882 (45 & 46 Vict. c. 56).
s. 12

For the words from " For the purposes of this Act " to " under this Act " there shall be substituted—

For the purposes of this Act, in the construction of all the enactments incorporated by this section the ' promoters ' or ' undertakers ' means an Electricity Board and ' the undertaking ' means the business carried on by such a Board, and ' the special Act' means the Electricity (Supply) Acts, 1882 to 1936 (including, as regards the North of Scotland Board, the Act of 1943), the Electricity Act, 1947, and any local enactment (within the meaning of the last named Act) applicable to any such Board;

and for the words " the area within which the undertakers are authorised to supply electricity under any licence, order or special Act " there shall be substituted the words " in relation to the Central Authority, the whole of Great Britain except the North of Scotland District, in relation to any Area Board, the area for which that Board is for the time being established and, in relation to the North of Scotland Board, the North of Scotland District ".

s. 13For the words " the undertakers " there shall be substituted the words " the North of Scotland Board or any Area Board ", and the words " insert any such special powers in any licence or provisional order or " shall be omitted.
s. 14The section shall not apply to main transmission lines the construction of which is authorised by a scheme under the Act of 1943.
s. 15The words " and to any bye-laws made . under this Act " shall be omitted.
s. 16For the words " the undertakers ", in the first three places where they occur, there shall be substituted the words " an Electricity Board or any undertakers whose undertaking has been transferred to any such Board ".
s. 18For the words " lamp or burner ", wherever they occur throughout the section, there shall be substituted the words " electrical fittings ".
s. 31

For this section the following section shall be substituted :—

31In this Act, unless the context otherwise requires, the expression ' local authority ' means—

(a)in England and Wales the council of a county borough, county district or metropolitan borough and the Common Council of the City of London ; and

(b)in Scotland a county or town council.

s. 36The definition of the expression " public purposes " shall be omitted.
Electric Lighting Act, 1909 (9 Edw. 7. c. 34).
s. 2For the words " any undertakers " there shall be substituted the words " the Central Authority "; after the words " the Board of Trade" there shall be inserted the words " (which consent may be subject to such conditions as the Minister may impose) "; after the word " construct " there shall be inserted the words " or extend ", the words from " acquired by them" to the words " special Act or Provisional Order" shall be omitted ; after the word " constructed " there shall be inserted the words " or extended "; at the end of the first paragraph of the section there shall be inserted the words " and, in the case of an extension of any generating station, the Minister may, if the extension appears to him to be of a minor character, dispense with the giving of a notice and of an opportunity for stating objections as aforesaid "; and the second paragraph of the section shall be omitted.
s. 23For the words from the beginning of the section to "in terms of the Electric Lighting Acts " there shall be substituted the words " It shall not be lawful for any local authority, company or person, other than an Electricity Board, to commence to supply or distribute electricity. "
s. 25The definition of the expressions " Provisional Order ", " authorised ", " area of supply ", " undertakers ", " generating station ", and " to supply electricity in bulk " shall be omitted.
s. 26Subsection (1) shall be omitted.
Electricity (Supply) Act, 1919 (9 & 10 Geo. 5. c. 100).
s. 10The words "a joint electricity authority or" shall be omitted.
s. 11After the word " person ", where it first occurs, there shall be inserted the words " other than the Central Authority or the North of Scotland Board ", the words " or main transmission line " shall be omitted, the words " a joint electricity authority or " shall be omitted, and the words from " Provided also " to the end of the section shall be omitted.
s. 15In subsection (1) the words " on the representation of the Electricity Commissioners " and " any joint electricity authority or" and " joint electricity authority or " shall be omitted, and in proviso (a) to that subsection for the words " a special order " there shall be substituted the words " subject to special parliamentary procedure "; and subsections (2), (3) and (4) shall be omitted.
s. 21After the word " consent " in the first and third places where it occurs, the words " or authorisation " shall be inserted, and after the word " to " in the first place where it occurs there shall be inserted the words " or for. "
s. 22The words " A joint electricity authority or" and the words " joint electricity authority or", wherever they occur, shall be omitted, and for the words " special order as defined in the Electric Lighting (Clauses) Act, 1899, " wherever they occur, there shall be substituted the words " local enactment (as defined by the Electricity Act, 1947) applicable to the Electricity Board ".
s. 29

Subsection (2) shall be omitted, and at the end of the section the following sub-section shall be added :—

(4)If the said fund proves insufficient to defray the payments required to be made out of the fund under the last foregoing subsection, the deficit shall be made good by the Central Authority and the North of Scotland Board in such proportions as the Minister and the Secretary of State may determine.

s. 31The words " by a joint electricity authority or " shall be omitted.
s. 36The definitions of " authorised undertakers ", " authorised distributors " power company ", "lighting authority", " subsidiary company " and " sinking fund charges " shall be omitted.
Electricity (Supply) Act, 1922 (12 & 13 Geo. 5. c. 46).
s. 11The words " joint electricity authority or ", wherever they occur, and the words " authority or " shall be omitted, and for the words " the principal Act ", wherever they occur, there shall be substituted the words " the Electricity (Supply) Act, 1919 .
s. 25

In subsection (1), for paragraphs (a) (b) and (c) there shall be substituted the following paragraphs—

(a)to the owners or lessees of any other railway generating station ; or

(b)to any Electricity Board ; or

(c)to any consumer, subject to the consent of the Area Board in whose area the premises to be supplied are situated or, if they are situated in the North of Scotland District, the North of Scotland Board;

and the words from " Provided that " to the end of paragraph (iii) shall be omitted.

Electricity (Supply) Act, 1926 (16 & 17 Geo. 5. c. 51).
s. 24For the words " the Board", in both places where they occur, there shall be substituted the words " an Electricity Board ".
s. 34In subsection (1) the words " main transmission line or other " shall be omitted and subsection (7) shall be omitted.
s. 35For the words " the Board ", where they first occur, there shall be substituted the words " an Electricity Board "; for the words "work by this Act authorised" and " portion of the undertaking by this Act authorised" there shall be substituted the words " work of an Electricity Board ".
s. 44In subsection (1) for the word " applications " there shall be substituted the words " application is ", after the words " place the line " there shall be inserted the words " or, as the case may be, may commence proceedings under the Acquisition of Land (Authorisation Procedure) Act, 1946, as applied by section nine of the Electricity Act, 1947, to purchase compulsorily a right to place the line " and at the end of the subsection there shall be inserted the words " or, as the case may be,, under the said section twenty-one and under the said Act of 1946 as so applied "; in subsection (2) the words " the Board or", in the first place where they occur shall be omitted, the words " Board or " in the second place where they occur shall be omitted and after the words " Electricity (Supply) Act, 1919 " there shall be inserted the words " or, in the case of the North of Scotland Board, under the provisions of the Act of 1943 ".
s. 51In subsection (1) the definitions of " generating station ", " authorised undertakers ", " local authority " and " absolute right of veto " shall be omitted ; and subsections (2) to' (s) shall be omitted.
The Electricity Supply (Meters), Act 1936 (26 Geo. 5. & 1 Edw. 8. c. 20).
s. 1.The proviso to subsection (4) shall be omitted.
s. 2Subsection (4) shall be omitted.
s. 3The proviso to subsection (2) shall be omitted.
s. 5In subsection (2), the words " except in relation to the administrative county of London " shall be omitted.

PART IIThe Hydro-Electric Development (Scotland) Act, 1943.

General Adaptation.

For references to the Central Electricity Board there shall be substituted throughout the Act references to the Central Authority.

Specific Adaptations and Modifications.

Section.Adaptation or Modification.
s. 2In subsection (1) after the words " water power " there shall be inserted the words " or otherwise ", and after the words " duty of the Board " there shall be inserted the words " subject to any directions of the Secretary of State and " and in paragraph (a) the words " such parts of " and the words from " including " to the end of the paragraph, paragraph (b) and .the proviso to paragraph (c) shall be omitted ; in subsection (2) for the words " paragraphs (a) and (b) " there shall be substituted the words " paragraph (a) ", and the words " and authorised undertakers " shall be omitted.
s. 5

In subsection (1) for paragraph (a) the following paragraph shall be substituted :—

(a)the execution of works necessary for the generation or transmission of electricity other than works required for the replacement or renewal of works already authorised ;

for the word " said " in paragraph (b) there shall be substituted the words " North of Scotland "; the word " or " in that paragraph shall be omitted and paragraph (c) shall be omitted ; and at the end of the said subsection (1) there shall be inserted the following words—

Provided that if the Secretary of State is satisfied that a proposed extension of an existing generating station involves only works of a minor character he may, subject to such conditions as he may think fit to impose, authorise the Board to execute those works without the preparation of a constructional scheme

; in subsection (3) after the words " scheme is so approved " there shall be inserted the words " or if, the scheme not having been so approved, the Secretary of State and the Minister of Fuel and Power at the request of the Board and after considering any representations by the Central Authority so direct "; in subsections (3) and (4) for the words " Electricity Commissioners " there shall be substituted the words " Central Authority "; in subsection (7) the proviso shall be omitted.

s. 9In subsection (3) for the words " Electricity Commissioners " there shall be substituted the words " Central Authority ".
s. 10

In subsection (1) for the words " Electricity Commissioners " there shall be substituted where those words occur for the first time the words " Central Authority ", and where those words occur for the second time the words " Secretary of State ", for the words " so however that " there shall be substituted the words

Provided that

(i)in determining such prices no undue preference shall be shown to, and no undue discrimination shall be exercised against, any person or class of persons ; and

(ii)

and for the word " may" where that word occurs for the first time there shall be substituted the word " shall ".

s. 11In subsections (1) and (4) for the words " Electricity Commissioners " there shall be substituted the words " Secretary of State "; and in subsection (2) for the words " deputy chairman " there shall be substituted the word " members ".
s. 12In subsections (1), (2) and (3) for the words " Electricity Commissioners " there shall be substituted the words " Secretary of State ", and in paragraph (a) of the said subsection (2) the words " by or under this Act " shall be omitted.
s. 14In subsection (1) the proviso shall be omitted.
s. 15In subsection (1) the words and containing such particulars" shall be omitted, and for the words " may by regulations prescribe " there shall be substituted the words " with the approval of the Treasury may direct, being a form which shall conform with the best commercial standards and which shall be such as to secure the provision of separate information as respects the generation of electricity, the distribution of electricity and each of the main other activities of the Board and to show as far as may be the financial and operating results of each such activity "; and in subsection (3) for the words " Electricity Commissioners " there shall be substituted the words . " Minister of Fuel and Power ", and at the end of the subsection there shall be added the words " The Secretary of State shall lay before each House of Parliament a copy of the accounts and of any report thereon sent to him under this subsection ".
s. 16In subsection (1), in sub-paragraph (i) of paragraph (b) for the words "under the directions of" there shall be substituted the word " by ", the words from " in virtue " to " 1926 " shall be omitted, and for the words " in the area of the Central Scotland Electricity Scheme, 1927 " there shall be substituted the words " operated in Scotland by the Central Authority "; - in paragraph (c) after the word " points" there shall be inserted the words " (and, if there is more than one point, in such proportions at those points) ", for the words " latter Board " there shall be substituted the words " Central Authority " and for the words " the area of the Central Scotland Electricity Scheme, 1927 " there shall be substituted the word " Scotland ", for the words from " failing agreement " to " Electricity Commissioners " there shall be substituted the words " may be agreed by the Central Authority and the - Board " and for the words " at such times " there shall be substituted the words " at such reasonable times "; in subsection (2) for the word " Boards " there shall be substituted the words " Central Authority and the Board "; in subsection (3) for the words from " and for that " to the end of the subsection there shall be substituted the words " or, with the consent of the Secretary of State, from any other person at such price and on such terms and conditions as may be agreed by the Central Authority and the Board or by the Board and such other person, as the case may be "; in subsection (4) for the word " either " and the word " each " there shall be substituted the words " the Central Authority or the "; in subsection (5) the words " paragraph (b) of subsection (1) of " shall be omitted, and for the words from " the Electricity Commissioners " to the end of the subsection there shall be substituted the words " an arbiter appointed by the Secretary of State and the Minister of Fuel and Power acting jointly ".
s. 17In subsection (1) for the words from the beginning of the subsection to "as possible " there shall be substituted the words " The Central Authority and the Board shall ", and in subsection (3) for the words " by the Board " there shall be substituted the words " in equal shares by the Board and the Central Authority ".
s. 18In subsection (1) for the words " Electricity Commissioners " there shall be substituted the words " Secretary of State " and for the words from " such powers "' to the end of the subsection there shall be substituted the words " the enactments conferring such powers are modified or repealed by or under the Electricity Act, 1947 "; and subsection (2) shall be omitted.
s. 22For the words " Electricity Commissioners " where those words occur for the first' time there shall be substituted the words " Secretary of State given after consultation with the Board "; for the words " Electricity Commissioners " where those words occur for the second time there shall be substituted the words " Secretary of State "; and for the words " their consent " and the words " they are " there shall be respectively substituted the words " his consent " and the words " he is".
s. 23

In subsection (1), after the words " such report " there shall be inserted the words " shall set out any direction given by the Secretary of State to the Board during that year unless the Secretary of State has notified the Board that in his opinion it is against the interests of national security to do so and ", and for subsection (2) the following subsection shall be substituted :—

(2)The Board shall furnish to the Secretary of State and the Minister of Fuel and Power such returns, accounts and information regarding the property and activities of the Board as they may require and afford to them facilities for the verification of the information furnished in such manner and at such times as they may require.

s. 26For the words " Electricity Commissioners " there shall be substituted the words " Secretary of State ", and the words from " or under " to " enactment " shall be omitted.
s. 27In the definition of " large power user" the words " any authorised undertakers or " and in the definition of " ordinary consumer " the words " any authorised undertakers " shall be omitted.
First Schedule.In paragraph 1 for the word " three " there shall be substituted the words " not less than three nor more than seven ", for the word ." two " there shall be ' substituted the word " the ", and the words from " and one member " to the end of the paragraph shall be omitted ; paragraph 4 shall be omitted ; in paragraph 5 the words " or the Central Electricity Board as the case may be " where those words occur in the first place, and all the words after " the Secretary of State " shall be omitted; in paragraph 14 the words " or their representatives " and the words " and superannuation allowances and gratuities " shall be omitted, and at the end of the paragraph the following words shall be added " and on the retirement or death of any member in whose case it may be so determined to make such provision there shall be paid such a pension to or in respect of that member as may be so determined ".
Second Schedule.After the word " Aberdeen " where that word occurs for the first time there shall be inserted the words " the County of the City of Dundee "; after the word " Aberdeen " where that word occurs for the second time there shall be inserted the word " Angus "; after the word " Kincardine " there shall be inserted the word " Kinross "; after the word " Orkney " there shall be inserted the word " Perth "; the words from " So much ", where those words occur for the first time, to " Tannadice " shall be omitted ; for the words " Luss and Rosneath " there shall be substituted the words " and Luss "; and the words from " So much ", where those words occur for the third time, to " four and a quarter miles " shall be omitted.
Fourth Schedule.

For Paragraph 1 the following paragraph shall be substituted: —

1The cost of production at each steam generating station operated in the year by the Central Authority shall be ascertained by calculating the following costs, charges and allowances in respect of the year—

(i)the sums expended for fuel, oil, water and stores consumed, for salaries and wages, and any contributions for pensions, superannuation and insurance of officers and servants, for repairs and maintenance and for renewals not chargeable to capital account;

(ii)sums paid as rents, rates and taxes (other than taxes on profits) and for insurance in respect of the station ;

(iii)the proper proportion of management and general establishment charges attributable to the station ;

(iv)any other expenses on revenue account attributable to the station ;

(v)interest (exclusive of interest payable out of capital) on money properly expended for capital purposes (whether defrayed out of capital or revenue) and attributable to the generating station and the plant suitable to and used for the purpose of generating electricity therein, and interest on working capital properly attributable to the station and the production of electricity therein ;

The rate of interest for the purposes of this paragraph shall be such as the Secretary of State and the Minister of Fuel and Power acting jointly may direct;

(vi)an allowance for depreciation of such amount as the Secretary of State and the Minister of Fuel and Power acting jointly may determine.

In paragraph 2 for the words from "operating " to the end of the paragraph there shall be substituted the words " operated in Scotland by the Central Authority ".
In paragraph 3 for the words " the Electricity (Allocation of cost of Production) Regulations, 1929," there shall be substituted the words " regulations made by the Minister of Fuel and Power ".

PART IIIThe Schedule to the Electric Lighting (Clauses) Act, 1899.

General Adaptation.

Subject to any specific adaptation or modification, for the words " the Special Order ", wherever they occur throughout the Schedule, there shall be substituted the words " this Schedule ".

Any words limiting any provision of the Schedule to cases where the local authority are not the undertakers shall be omitted.

For references to the Board of Trade, wherever they occur throughout the Schedule, except in section eighty, there shall be substituted references to the Minister, and for the words " Board of Trade regulations, " wherever they so occur, there shall be substituted the words " Electricity regulations ".

Provided that in relation to the North of Scotland District, for the said references to the Board of Trade (except in section ten, subsection (3) of section eighteen, sections thirty-five, thirty-eight, thirty-nine, forty-one, forty-two, forty-seven to fifty-one, fifty-nine and sixty-nine), there shall be substituted references to the Secretary of State.

Specific Adaptations and Modifications.

Section of Schedule.Adaptation or Modification.
s. 1

After the words " Acts incorporated therewith " there shall be inserted the words " and of the Electricity Act, 1947 and, in relation to the North of Scotland District, of the Act of 1943 "; in the definition of the expression " main" the words from " which may " to " place and " shall be omitted ; in the definition of the expression " consumers' terminals " the words " and belonging to him " shall be omitted ; and the definitions of " the Special Order " " area of supply " and " deposited map " shall be omitted ; for the definition of " Board of Trade regulations " the following definition shall be substituted :—

  • The expression ' Electricity regulations ' means any regulations made by the Minister under the Electricity Act, 1947, for securing regularity and efficiency of supply and the safety of the public.

s. 2

For this section the following section shall be substituted:—

2The expression " Undertakers " means any Electricity Board, except that in sections twenty-one to thirty, thirty-nine to forty-nine, fifty-one to fifty-three/fifty-five and fifty-six, fifty-eight, sixty and eighty-one, the said expression does not include the Central Authority, and the said section eighty-one shall not apply to anything done or omitted to be done by the North of Scotland Board in operating a generating station.

s. 4

For this section the following section shall be substituted :—

  • The expression ' the area of supply ' means—

    (a)

    in relation to the Central Authority, the whole of Great Britain except the North of Scotland District;

    (b)

    in relation to any Area Board, the area for which the Board is for the time being established ; and

    (c)

    the North of Scotland District.

s. 10The words " public and private " and " as denned by the said Act" shall be omitted; and paragraph (b) shall not apply to electric lines the construction of which is authorised by a scheme under the Act of 1943, and in the said paragraph (b) for the words from " without " to " also" there shall be substituted the words " without the express consent or authorisation of the Minister of Fuel and Power and the express consent of the local authority also ".
s. 12

For this section the following section shall be substituted :—

12The provisions of this Schedule relating to the execution of works in, under, along, or across any street or part of a street not repairable by the local authority, or over or under, any railway or tramway, shall, in the case of the North of Scotland Board or any Area Board, only apply to streets, railways or tramways (if any), or parts thereof, which the Board are specially authorised to break up by any local enactment applicable to the Board, or to the breaking up of which the Minister has consented under section thirteen of the Electric Lighting Act, 1882, but save as aforesaid nothing in this Schedule shall authorise any such Board to break up or interfere with any such street, railway or tramway without the consent of the authority or person by whom it is repairable.

s. 14Subsection (3) shall be omitted.
s.16The words " for the purposes of the' Special Order " shall be omitted; and paragraph (h) shall be omitted.
s.17Paragraph (j) shall be omitted
s.18Subsection (7) shall be omitted.
s.20In subsections (1) and (2) after the words " electric signalling communication " there shall be inserted the words " or electrical control of railways ".
s. 21Subsection (1) shall be omitted; in subsection (2) the words " In addition to the mains herein-before specified " shall be omitted, for the words " commencement of the Special Order " there shall be substituted the words " vesting date ", the word " other " shall be omitted, and after the words " part of a street, " there shall be inserted the words " or along any other route "; and in subsection (3) for the words " the Special Order " there shall be substituted the words " a local enactment ".
s. 23In subsection (1) the words from " and if the Board of Trade " to the end of the subsection shall be omitted and subsections (2) and (3) shall be omitted.
s. 24In subsection (1) there shall be substituted for the words " distributing mains " the words " a distributing main " ; after the words " throughout any street or part of a street " there shall be inserted the words " or along any other route "; after the words " along that street or part of a street " there shall be inserted the words " or within reasonable proximity of such route ".
s. 27In subsection (4) for the words " lamp or burner," in both places where they occur, there shall be substituted the words " electrical fittings. "
s. 35In subsection (1) the words from the beginning to " while the local authority are themselves the undertakers," and the words " on the application of any consumer or of the undertakers," shall be omitted and subsection (2) shall be omitted.
s. 36

For subsection (2) there shall be substituted the following subsection :

(2)The Minister may prescribe by regulations the manner in which and the times at which any such duties are to be performed by an electric inspector and also the fees to be taken by him, and any fees taken by an electric inspector shall be paid by him to the Minister.

s. 39For the words " under the provisions of an order made " there shall be substituted the words " with the written authority given " and for the words " an order made " there shall be substituted the words " a written authority given ".
s. 41In subsection (1) for the words " the local authority think" there shall be substituted the words " the Minister thinks " and subsections (2) and (3) shall be omitted.
s. 43Subsection (2) shall be omitted.
s. 47The words " authority or " shall be omitted in both places where they occur.
s. 48In subsection (1) the words " by a court of summary jurisdiction, or (where the inspector is appointed by them) " and " if a local authority are the undertakers " shall be omitted; and in subsection (2) the words " the court or " and " by whom the fees are ascertained " shall be omitted.
s. 49The words "under the Special Order " shall be omitted.
s. 60

In subsection (1) for the words " forthwith after commencing to supply energy under the Special Order " there shall be substituted the words " within a period of twelve months beginning with, the vesting date "; and in subsection (2) after the words " area of supply " there shall be inserted the words " or, in the case of the North of Scotland Board, at their offices most convenient to the area of supply "; and at the end of subsection (3) there shall be inserted the following words—

Provided that a local authority shall only be entitled to require a copy of so much of any such map as relates to the area of that local authority.

s. 62Subsections (1) (2) and (3) shall be omitted.
s. 69Subsection (3) shall be omitted.
s. 71The words " or by " shall be omitted.
s. 76Subsection (2) shall be omitted.
s. 81After the words " Special Order " there shall be inserted the words " or any local enactment ".
s. 83Paragraphs (2), (5) and (6) shall be omitted.
AppendixThe like amendments shall be made in section twelve of the Electric Lighting Act, 1882, as set out in the Appendix, as are made in that section by Part I of this Schedule.

Yn ôl i’r brig

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