ELECTRICITY SUPPLY (NORTHERN IRELAND) ORDER 1972

	[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here: BAILII >> Databases >> Northern Irish Legislation >> ELECTRICITY SUPPLY (NORTHERN IRELAND) ORDER 1972

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Download] [Help]

ELECTRICITY SUPPLY (NORTHERN IRELAND) ORDER 1972 - SECT 38



38.(1) The Service may, subject to and in accordance with the provisions of
this Article, place any electric line above or below ground across any land
(including any line between any lines so placed).

(2) Before placing an electric line across any land, the Service shall serve
upon the owner and upon the occupier of the land notice of its intention so to
place the line, and giving a description of the nature of the line and of the
position and manner in which it is intended to be placed.

(3) If within fourteen days after the service of the notice under paragraph
(2) the owner and the occupier of the land give their consent to the placing
of the line in accordance with the notice, either unconditionally or on terms
and conditions acceptable to the Service, the Service may proceed to place the
line across the land in the position and manner stated in the notice.

(4) If the owner or occupier of the land refuses or, within the fourteen days
mentioned in paragraph (3) fails, to give his consent, the Service may, with
the consent of the Ministry but not otherwise, place the line across the land
in the position and manner stated in the notice.

(5) Where the Service has, under any terminable agreement or arrangement made
before or after the commencement of this Article, placed any electric line
across any land, the Service may, notwithstanding the termination of that
agreement or arrangement, but subject to the provisions of this Article,
retain the line across the land in the same position as during the continuance
of the agreement or arrangement.

(6) The owner or the occupier of any land across which an electric line is or
could be retained under this Article after the termination of an agreement or
arrangement may, by notice served upon the Service within two months before or
at anytime after the termination, object to the retention of the line across
the land, and thereupon it shall not be lawful for the Service to retain the
line across the land without the consent of the Ministry.

(7) Where the Service has under this Article erected on any land supports for
an electric line above ground the Service shall, for the purposes of
section 40 of the Mineral Development Act (Northern Ireland) 1969 be deemed to
be a person having an estate in the land on which the supports are erected.

(8) Nothing in this Article shall make it lawful for the Service to place an
electric line across, along, over or under any canal, inland navigation,
navigable river, dock or harbour without the consent of the Ministry.

(9) Where under this Article the consent of the Ministry is required to the
placing or retention of an electric line across any land, the Ministry may,
if, after giving to all parties concerned an opportunity of being heard, the
Ministry thinks fit, give its consent either unconditionally or subject to
terms and conditions (including conditions varying the proposed position of
the line).

(10) The power of the Ministry to give its consent under paragraph (9) shall
be construed as including power to review or revoke that consent or to vary
the terms and conditions (if any) to which the consent was subject.

(11) Paragraphs 1 and 3 of Schedule 3 shall apply to the execution of any
works which will involve the placing of lines across or along any land,
whether below or above ground, under this Article as it applies to the
execution of works which involve the placing of lines in, under, along or
across any road or bridge.

(12) Nothing in this Article shall authorise the Service to erect supports for
an overhead electric line on any land in, through or over which any easement
or right is enjoyed by any government department or public body carrying on a
water undertaking without the consent of that department or body.

(13) In this Article

(a)"electric line" includes a main or other transmission line;

(b)references to a terminable agreement or arrangement includes references to
any covenant or provision for the removal of an electric line upon the
happening of some specified event, and references to the termination of an
agreement or arrangement shall be construed as including references to the
happening of such event.

(14) The Service may attach to any land any bracket or other fixture required
for the carrying of an electric line, other than a main transmission line, and
may retain any fixture so attached (whether before or after the making of this
Order) under a terminable agreement or arrangement; and the provisions of this
Article (other than paragraphs (7), (8), (12) and (13(a)) shall apply to the
attaching and retention of any fixture to any land under this paragraph as
they apply to the placing and retention of an electric line across any land
under paragraph (1).

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Download] [Help]

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/esio1972436/s1972.html

Northern Irish Legislation

ELECTRICITY SUPPLY (NORTHERN IRELAND) ORDER 1972 - SECT 38