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 39



39.(1) Subject to the provisions of this Order, the Service shall not, except
with the consent of the Ministry (which consent may be subject to such terms
and conditions as the Ministry thinks fit), place any electric line above
ground unless the electric line is

(a)a service line; or

(b)placed within premises in the sole occupation or control of the Service; or

(c)constructed in pursuance of a scheme under Article 29.

(2) An application for the consent of the Ministry under this Article

(a)shall be in writing;

(b)shall describe by reference to a map the land across which the electric
line is proposed to be placed;

(c)shall state whether all necessary wayleaves have been agreed by the owners
and occupiers of land proposed to be crossed by the line.

(3) Where an application under this Article states that all necessary
wayleaves have not been agreed as mentioned in paragraph (2)(c), the Service
may serve notice under Article 38 of its proposal to place the line or, as the
case may be, may commence proceedings under Article 8 to acquire compulsorily
a right to place the line and

(a)the Ministry may proceed concurrently under Article 38 and paragraph (1) of
this Article or, as the case may be, under Article 8 and the said paragraph
(1); or

(b)the Ministry may serve notice on the Service that the Ministry does not
propose to proceed with the application until satisfied, with respect to all
the land over which wayleaves have not been agreed, that the Service has taken
such action on its part as is mentioned in this paragraph.

(4) Where the Ministry serves a notice under paragraph (3)(b)

(a)the Ministry shall not be required to proceed with the application until
satisfied that the Service has taken all the requisite action in accordance
with the notice; and

(b)the provisions of paragraph (3) as to concurrent proceedings shall apply
accordingly.

(5) Where an application under this Article states that all necessary
wayleaves have not been agreed as mentioned in paragraph (2)(c), but the
Ministry does not proceed concurrently as mentioned in paragraph (3)(a), the
Ministry, if it gives its consent under paragraph (1), may give it subject to
the condition (either in respect of the whole of the line or in respect of any
part specified in the consent) that the work is not to proceed until the
Ministry gives its permission.

(6) In determining under paragraph (5) at any time whether to give permission
for the work to proceed, either generally or in respect of a part of the line,
the Ministry

(a)shall have regard to the extent to which the necessary wayleaves have been
agreed by that time; and

(b)in so far as the necessary wayleaves have not then been agreed in respect
of any part of the line, shall take into account any prejudicial effect which,
in the Ministry's opinion, the giving of permission (whether in respect of
that part of or any adjacent part of the line) might have on any subsequent
proceeding relating to the outstanding wayleaves.

(7) The power of the Ministry to give its consent under this Article 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.

[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 39