Electric Lighting Act 1909
| Jurisdiction | UK Non-devolved |
| Citation | 1909 c. 34 |
| Year | 1909 |
Electric Lighting Act, 1909
(9 Edw. 7.) CHAPTER 34.
An Act to amend the Acts relating to Electric Lighting.
[25th November 1909]
B E it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
1 Compulsory acquisition of land for generating stations.
(1) The Board of Trade may by Provisional Order authorise any local authority, company, or person, who is authorised by the same or any previous Provisional Order or by Act of Parliament to supply electricity in any area, to acquire compulsorily, or to use, for the purpose of a generating station any land specified in the Order, whether situated within or without the area of supply, and, in the case of a local authority, whether situated within or without their district.
(2) For the purpose of the acquisition of land authorised to be taken compulsorily under any such Provisional Order, the provisions of the Lands Clauses Acts which relate to the purchase and taking of lands otherwise than by agreement, and to the entry upon lands by the promoters of the undertaking, are, subject to the modifications set out in the First Schedule to this Act, incorporated with the Electric Lighting Acts, as well as the provisions of those Acts already so incorporated by the Electric Lighting Act, 1882.
(3) Rules made by the Board of Trade under section five of the Electric Lighting Act, 1882, shall provide for proper notice being given of an application for a Provisional Order, by which it is proposed to authorise the compulsory acquisition or use of land for the purpose of a generating station, to owners, lessees, and occupiers of land, and also for public notice being given of the proposal by advertisement.
2 Construction of generating station on land acquired by agreement.
2. It shall not be lawful for any undertakers after the passing of this Act, except with the consent of the Board of Trade, to construct any generating station on any land acquired by them after the thirty-first day of March one thousand nine hundred and nine unless the construction is authorised and the land is specified in a special Act or Provisional Order, and the Board of Trade shall not in any case give such consent until notice has been given, by advertisement or otherwise, as the Board of Trade may direct, to the local authority of the district in which the land is situate, and to owners and lessees of land situate within three hundred yards of the land upon which the generating station is to be constructed, and an opportunity has been given to such local authority, owners, and lessees, of stating any objections they may have thereto.
This section shall not apply to any station for transforming, converting, or distributing electrical energy.
3 Breaking up streets, &c., outside area of supply.
3. For the purpose of enabling electricity to be brought into an area of supply from a generating station belonging to any undertakers situated outside that area, the Board of Trade may by Provisional Order apply to any roads, railways, or tramways situated outside that area the provisions of the Electric Lighting Acts which authorise, or enable the Board of Trade to authorise, the breaking up of any road, railway, or tramway, so far as those provisions do not already so apply:
Provided that a Provisional Order authorising the breaking up of roads outside the area of supply shall not be granted by the Board of Trade except with the consent of the local authority in whose district the road is situate, unless the Board of Trade, in any case in which the consent of any such local authority is refused, are of opinion that, having regard to all the circumstances of the case, such consent ought to be dispensed with, and in that case they shall make a special report to Parliament stating the grounds on which they have dispensed with the consent.
4 Supply in bulk.
(1) The Board of Trade, unless they are of opinion that, by reason of the character or magnitude of the proposed undertaking, the matter ought to be dealt with by private Bill, may by Provisional Order—
(a ) authorise any local authority or company to supply electricity in bulk;
(b ) provide for any supply so authorised being compulsory; and
(c ) make such other provisions as appear to them necessary for adapting the Electric Lighting Acts to any case where a local authority or company are authorised to supply electricity in bulk, including the application to roads, railways, and tramways along the route along which lines are authorised to be laid for the purpose of giving the supply in bulk of the provisions of those Acts which authorise or enable the Board of Trade to authorise the breaking up of any road, railway, or tramway:
Provided that a Provisional Order authorising the breaking up of roads outside the area of supply of the local authority or company by whom the supply is to be given shall not be granted by the Board of Trade except with the consent of the local authority in whose district the road is situate, unless the Board of Trade, in any case in which the consent of any such local authority is refused, are of opinion that, having regard to all the circumstances of the case, such consent ought to be dispensed with, and in that case they shall make a special report to Parliament stating the ground on which they have dispensed with the consent.
(2) If the Board of Trade refuse to grant a Provisional Order tinder this section, on the ground that the matter ought to be dealt with by a private Bill, the notices published and served for the purposes of the proposed Order shall, subject to Standing Orders, be held to have been published and served for a private Bill applying for similar powers:
Provided that the applicants for the Order shall, by notice served in the prescribed manner and within the prescribed time, inform all opponents of their intention to proceed by way of private Bill, and, subject to Standing Orders, the application for a Provisional Order shall be deemed and taken to be a petition for leave to bring in a private Bill, and the applicants shall also give such additional notice (if any) as may be required by Standing Orders.
(3) The Board of Trade may, if they think fit, by order permit any undertakers to supply electricity in bulk to any other undertakers upon such terms and subject to such conditions as may be specified in the order, if the supply can be given without breaking up any streets except such as the undertakers giving or the undertakers receiving the supply are authorised to break up; but the Board of Trade shall not in any case make such an order until notice of the intention to make the order has been given by advertisement or otherwise as the Board of Trade may direct, and an opportunity has been given to any person who appears to the Board to be affected of stating any objections he may have thereto.
5 Supply of electricity to railways, tramways, and canals partly outside area of supply.
(1) Any local authority, company, or person authorised to supply electricity in any area may, with the consent of the Board of Trade, supply at any point within that area electricity for the purposes of haulage or traction on any railway, tramway, or canal situate partly within and partly without that area, and for the purposes of lighting vehicles and vessels used on any such railway, tramway, or canal; but the Board of Trade shall not in any case give any such consent until notice of the application for the consent has been given by advertisement or otherwise in such manner as the Board of Trade may direct, and an opportunity has been given to any person who appears to the Board to be affected of stating any objections he may have thereto.
(2) The Board of Trade may by Provisional Order authorise any such local authority, company, or person so to supply electricity to be used for purposes incidental to the working or lighting of the railway, tramway, or canal, other than the purposes aforesaid.
(3) A company, local authority, or body receiving a supply of electricity under this section shall not use the electricity in such manner as to cause or to be likely to cause any interference with Government observatories or laboratories, or observatories or laboratories now or hereafter erected, owned, or managed in pursuance of any present or future statutory enactment, but this subsection shall not apply to any such company, local authority, or body who, by any Act of Parliament, or Order confirmed by or having the effect of an Act of Parliament, containing provisions for the protection of such observatories or laboratories, are authorised to use electricity for the purposes for which a supply is authorised to be given under this section.
6 Supply to premises outside area of supply in certain cases.
(1) Where it is proved to the satisfaction of the Board of Trade that the occupier of any premises is desirous of obtaining a supply of electricity from any undertakers within whose area of supply those premises are not situate, the Board of Trade may, if the local authority within whose district the premises are situate, and the undertakers (if any) authorised to supply electricity to such premises, consent, by order permit the first-mentioned undertakers to give a supply to those premises on such terms and subject to such conditions as the Board think...
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