Electricity (Scotland) Act 1979
| Year | 1979 |
Electricity (Scotland) Act1979
1979 CHAPTER 11
An Act to consolidate certain enactments relating to the North of Scotland Hydro-Electric Board and the South of Scotland Electricity Board and to functions of the Secretary of State in relation to the generation and distribution of electricity in Scotland with amendments to give effect to recommendations of the Scottish Law Commission.
[22nd March 1979]
Be it enacted by the Queen'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:—
Part I
The Boards
Constitution
1 Constitution of Boards.
(1) The North of Scotland Hydro-Electric Board established by section 1 of the Act of 1943 (in this Act referred to as ‘the North Board’) and the South of Scotland Electricity Board established by section 2 of the Act of 1954 (in this Act referred to as ‘the South Board’) shall continue in existence, and are referred to in this Act as ‘the Boards’.
(2) Schedule 1 shall have effect in relation to the constitution and proceedings of the Boards.
2 Definition and variation of districts.
(1) Subject to the provisions of this section, the districts of the North and South Boards shall continue to be as defined in Parts I and II of Schedule 2 respectively.
(2) Subject to subsection (3), the Secretary of State may, after giving to each Board an opportunity to make representations, by order vary the districts defined in Schedule 2 and any such variation may include the formation of a new district from any part of an existing district or parts of existing districts, or the amalgamation with an existing district of the whole or part of any other existing district.
(3) Part III of Schedule 2 shall have effect in relation to any order made under subsection (2).
(4) In subsection (2), ‘existing’ means existing immediately before the order in question is made.
Principal functions
3 Functions of the Boards.
(1) Subject to the provisions of this Act, the Boards shall be responsible for initiating and undertaking the development of all means of generation of electricity within their respective districts.
(2) Subject to any directions of the Secretary of State and the provisions of this Act, it shall, so far as practicable, be the duty—
(a ) of the South Board—
(i) to plan and carry out an efficient and economic distribution of supplies of electricity to persons in their district;
(ii) to provide supplies of electricity to meet the requirements for haulage or traction of railway undertakers in their district;
(b ) of the North Board—
(i) to provide supplies of electricity required to meet the demands of ordinary consumers in their district;
(ii) to provide supplies of electricity suitable for the needs of large power users in their district, including the requirements for haulage or traction of railway undertakers.
(3) Subject to any duty of the North Board to supply electricity to the South Board, the duties imposed on the North Board under head (i) of paragraph (b ) of subsection (2) shall have priority over all other demands for the electricity generated by them.
(4) Schedule 3 shall have effect in relation to the supply of electricity by the Boards to railway undertakers under subsection (2).
4 General duties in exercising functions.
4.—In exercising and performing their functions the Boards shall, subject to and in accordance with any directions given by the Secretary of State under section 33—
5 Duty in relation to amenity.
(1) In the exercise of their functions the Boards shall have regard in relation to their respective districts to the desirability of preserving the beauty of the scenery and any object of architectural or historical interest and of avoiding as far as possible injury to fisheries and to the stock of fish in any waters.
(2) For the purpose of giving advice and assistance to the Secretary of State and to each of the Boards, the Secretary of State shall appoint two Committees (in this Act referred to as the Amenity Committee and the Fisheries Committee respectively); and Schedule 4 shall have effect in relation to the constitution, proceedings and functions of those Committees.
6 Duty of North Board in relation to economic development.
6. The North Board shall, so far as their powers and duties permit, collaborate in the carrying out of any measures for the economic development and social improvement of the whole or any part of their district.
Powers and duties
7 Ancillary powers.
(1) Subject to subsection (2), each of the Boards shall have power
(a ) to manufacture electrical plant and electrical fittings;
(b ) to sell, hire or otherwise supply electrical plant and electrical fittings and to instal, repair, maintain or remove any electrical plant and electrical fittings;
(c) to carry on all such other activities as may appear to the Board concerned to be requisite, advantageous or convenient for them to carry on for or in connection with the performance of their duties under this Act, or with a view to making the best use of any assets vested in them.
(2) Subsection (1) shall not apply to the manufacture of electrical plant or electrical fittings for export.
(3) The Boards may do anything and enter into any transaction (whether or not involving the expenditure, the borrowing in accordance with the provisions of this Act or the lending of money, the acquisition of any property or rights or the disposal of any property or rights not in their opinion required for the proper exercise and performance of their functions) which in their opinion is calculated to facilitate the proper exercise or performance of any of their functions under this Act or is incidental or conducive thereto.
(4) The Boards may collect for the purposes of their powers and duties under this Act information as to the requirements of the whole or any part of their respective districts in respect of electricity.
8 Powers of Board to enter into agreements with each other, and with other persons.
(1) Subject to this section and section 9 either of the Boards may by agreement—
(a ) with each other—
(i) give to or acquire from the other Board bulk supplies of electricity;
(ii) supply electricity to consumers in the district of the other Board;
(b ) with the Generating Board or with any person or body of persons carrying on an electricity undertaking outside Great Britain, provide bulk supplies of electricity for the Generating Board or for that undertaking.
(2) If either of the Boards are unable to obtain the agreement of the other Board under head (ii) of paragraph (a ) of subsection (1), they may apply to the Secretary of State for an authorisation to supply electricity to consumers in such part of the district of the other Board as may be specified in the application, and if the Secretary of State gives such authorisation the Board which has applied for it shall have power to supply electricity in accordance with it.
(3) Either of the Boards may by agreement with the other Board use for the purposes of any of their functions any works, plant or other property of the other Board.
(4) If it appears to the Secretary of State that such use cannot be obtained by agreement between the Boards and is required by one of them for the purpose of securing efficient and economical services he may by order authorise such use by that Board on such terms and conditions (including the payment of money) as he may determine.
9 Purchase and supply of electricity.
(1) Either of the Boards may purchase electricity from the other Board on such terms and conditions as they may agree.
(2) Either of the Boards may purchase electricity from any other person (other than an Area Board) on such terms and conditions as may be agreed with that person but—
(a ) where any purchase of electricity is made by either of the Boards from a person in the district of the other Board any such purchase shall require the approval of that other Board; or
(b ) where any purchase of electricity is made by either of the Boards from a person in the area of an Area Board, any such purchase shall require the approval of the Generating Board.
(3) The South Board and the North Board may enter into and carry into effect agreements for the construction by either Board of such main...
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