Shropshire Worcestershire and Staffordshire Electric Power Consolidation Act 1938

Cited as:1938 c. lviii
Jurisdiction:UK Non-devolved


Shropshire, Worcestershire and Staffordshire Electric Power Consolidation Act 1938

(1 & 2 Geo. 6) c. lviii

An Act to consolidate the Shropshire Worcestershire and Staffordshire Electric Power Acts and Orders 1903 to 1933

[13th July 1938]

[l & 2 GEO. 6.1 Shropshire Worcestershire [Ch. lviii.] and Stagordshire Electric Power (Consolidation) Act, 1935. CHAPTER lviii. An Act to consolidate the Shropshire Worcester- A.D. 1938. shire and Staffordshire Electric Power Acts and - Orders 1903 to 1933. [13th July 1938.1 HEREAS by the Shropshire Worcestershire and W Staffordshire Electric Power Acts and Orders 1903 to 1933 (hereinafter referred to collectively as " the former Acts " and severally as the Act or Order of the year in which it was passed or approved by Parliament) a list of which Acts and Orders is given in the First Schedule to this Act the Shropshire Wor- cestershire and Staffordshire Electric Power Company (originally incorporated by the Act of 1903 by the name 3 Edw. 7. of the Shropshire and Worcestershire Electric Power c. ccxxxvii. Company) are authorised to supply electricity for the purposes to the extent and subjcct to the conditions and restrictions stated in the former Acts and to exercise other powers mentioned in the former Acts : And whereas by the South West Midlands Electricity District Order 1923 and the West Midlands Electricity District Order 1925 both of which Orders were made under section 7 of the Electricity (Supply) Act 1919 further powers and obligations with respect 9 & 10 to the supply of electricity and otherwise were conferred Gee. 5. c. 100. or imposed on the Company : under the Act of 1903 was extended by the Act of 1905 5 Edw. 7. And whereas the Company's original area of supply c. clx. A 1 A.D. 1938. 6 Edw. 7. c. clxxx\.. 18 & 19 Geo. 5. c. Ixxxviii 20 & 21 Geo. 5. c. clxxsix. 16 & 17 Geo. 5. c. ciii. 17 & 18 Geo. 5. c. cii. 19 & 20 Geo. 5. c. 17. [Ch. lviii.] Shropshire Worcestershire [ Z &, 2 GEO. 6.1 a.nd Staffordshire Electric Power (Consolidation) Act, 1938. the Act of 1NNi the Act of 1928 and the Act of 1930 but by section 22 of the ,4ct of 1926 and section 15 of the Act of 1928 certain parts of the then area of supply were escluded therefrom : And whereas the Company's area of supply under the former Acts has been further altered- (1) by the Birmingham Extension Act 1927 (sec- tion 15) which excluded from the Company's said area of supply the portion of the then urban district of Perry Barr which was by that Act added to the city of Birmingham; and (2) by the said West Midlands Electricity District Order 1925 which excluded from the Com- pany's said area of supply that part thereof which was by the Order included within the West Midlands Electricity District constituted by the Order : And whereas by divers Acts of Parliament Pro- visional Orders confirmed by Parliament and orders made by the Minister of Health under Part IV of the Local Government Act 1929 (known as County Review Orders) many alterations have been made in the local government areas within the Company's area of supply under the former Acts and that area of supply as now constituted is defined (subject to the provisions of section 78 of this Act) in the Third Schedule to this Act : And whereas for certain purposes of the former Acts an industrial area was established by the Act of 1906 and that area as now constituted is defined (subject to the provisions of the said section 78) in the Fourth Schedule to this Act : And whereas within the area defined in Parts I and I1 of the Fifth Schedule to this Act the Company under the former Acts arid within the area defined in section 17 of the schedule to the said West Midlands Electricity District Order 19`35 (which last mentioned area as now Constituted is for convenience of reference described in Part I11 of the said Fifth Schedule) the Company under that Order have the like powers and are subject to the like obligations with respect to the supply of electricity for all purposes as they would 2 11 & 2 GEO. 6.1 Shropshire Worcesfershire [Ch. Iviii.] and Staffordshire Electric Power (Consolidation) Act, 1938. have and be subject to if they had obtained Special AD. 1938. Orders under the Electricity (Supply) Acts 1882 to - 1936 authorising them to supply electricity for all or any purposes in those respective areas : Bnd whereas the Company are alsg the authorised distributors for the Orders mentioned in Parts I I1 and I11 of the Second Schedule to this Act and are autho- rised to supply electricity for :dl or any purposes in the respective areas of supply under those Orders : And whereas pursiiant to powers conferred on them by the Act of 1919 the Company by resolution of a 9 &: 10 general meeting constituted certain of their generating Gee. 5. stations and works a separatc undertaking with separ- c. cxxi- ate and distinct capital and borrowing powers and by Part I11 of the Act of 1923 further works were consti- 13 & 14 tuted part of and further provisions were enacted with Gee. 5. respect to such separate undertaking but by Part I1 of c. xcvi* the Act of 1926 the said resolution was annulled and the said separate undertaking was merged with the Com- pany's general undertaking and provisions werc enacted with respect to the capital and borrowing powers which had been allocated to the separate undertaking: And whereas the capital of the Company authorised by the former Acts is $5,500,000 (nominal amount) and the issued capital of the Company on the first day of April nineteen hundred and thirty-eight was $5,000,000 and consisted of 300,000 A ordinary shares of $1 each 2,450,000 B ordinary shares of %l each and 2,250,000 six per centum cumulative preference shares of 51 each all of which shares are fully paid up : And whereas the Company are authorised by thc former Acts to raise by borrowing on mortgage of their undertaking or by the creation and issue of debenture stock the aggregate amount of $4,125,000 and the amount of the loan capital of the Company raised under this power consisted on the first day of April nineteen hundred and thirty-eight of $3,125,000 five per centum debenture stock which the Company may redeem at par on or at any time after the first day of August nineteen hundred and fifty-two on giving three months' previous notice to the holders thereof and are required to redeem at par not later than the first day of August nineteen hundred and eighty-two : A2 3 [Ch. lviii.] Shropshire Worcestershire [l & 2 GEO. 6.1 and Staffordshire Electric Power (Consolidation) Act, 1938. A.D. 1938. And whereas it is expedient to consolidate the former Acts : And whereas the purposes of this Act cannot be effected without the authority of Parliament : May it therefore please Your Majesty that it may be enacted and be 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 :- - PART I. GENERAL. Short title. 1. This Act may be cited as the Shropshire Worcestershire and Staffordshire Electric Power (Con- solidation) Act 1938. Division of Act into Part 1.-General. Parts. 2. This Act is divided into Parts as follows :- Part I1 .-Financial. Part I11 .-Administrative. Part Part V.-Railways and cableway-conveyor. Part Part VI1.-Maximum prices. Part VII1.-Additional powers. Part IX .-Miscellaneous. Part X.-Protective provisions. 1V.-Lands generating stations and mains. VI.-Powers and obligations of supply. Application 3.-(1) This Act shall be deemed to be a special ofElec- Act within the meaning of the principal Acts but sections tricitY Acts. 2 and 3 of the Electric Lighting Act 1888 shall not 51&52Vict. apply to the undertaking authorised by this Act or to c. 12. the Company in relation thereto. 62 & 63 Vict . (2) The provisions of the schedule to the Electric c. 19. Lighting (Clauses) Act 1899 are incorporated with and form part of this Act subject as follows :- (a) Subsection (2) of section 2 sections 3 5 7 to 9 21 to 29 30 (so far as regards a supply to authorised undertakers) 31 subsection (1) of 4 11 & 2 GEO. 6.1 Shropshire Worcestershire [Ch. lviii.] and Staffordshire Electric Power (Consolidation) Act, 1938. section 32 sections 33 to 37 41 48 75 and 78 A.D. 1938. of the schedule and any provisions of the - schedule (other than those of section 69) with respect to the revocation of the Special Order shall not apply to the undertaking authorised by this Act or to the Company in relation thereto ; (b) Section 81 of the schedule shall not apply to any generating station or works erected on the lands described in Part 1 of the Sixth Schedule to this Act; (c) The provisions of the schedule which are hereby incorporated with this Act shall be incorporated subject to any modification of those provisions contained in this Act or in the principal Acts. PART I. --cont. (3) The provisions of section 13 of the Electric 45&46Vict. Lighting Act 1882 and of section 12 of the schedule to c- the Electric Lighting (Clauses) Act 1899 in so far as they restrict the breaking up of tramways or railways where laid across or along any highway on the level or of the roadway of or approaches to any bridge over any railway within the area of supply shall not apply to the Company. (4) Nothing in the foregoing provisions of this section shall affect the operation of subsection (1) of section 63 (Power to lay connecting mains) or sub- sections (2) and (5) of section 92 (General powers of distribution in part of area of supply) of this Act. purposes of this Act and except where expressly varied tion Of by or inconsistent with this ,4ct are incorporated with and form part of this -4ct (viz.) :- The Lands Clauses Acts except the provisions with respect to the purchase and taking of lands otherwise than by agreement and with respect to the entry on lands by the promoters of the undertaking ; amended by subsequent Acts) except sections 38...

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