[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 53

53.(1) No alteration shall be made by the Service in any telegraphic line of
the Post Office except subject to the provisions of the Telegraphs Acts 1863
to 1916.

(2) The Service shall not in the exercise of any power conferred by this
Order, lay down any electric line or do any other work for the supply of
electricity by which any telegraphic line of the Post Office is or may be
injuriously affected.

(3) For the purposes of this Article, sections 2, 7, 8, 9, 10 and 12 of the
Telegraph Act 1878 shall be deemed to be incorporated with this Order, as if
the Service were undertakers within the meaning of those sections, without
prejudice nevertheless to any operation which the other sections of the said
Act would have had if this Article had not come into operation.

Art.54(1), with Schedule 6, effects amendments; para.(2), with Schedule 7,
effects repeals

1.(1) The Service shall consist of

(a)a Chairman and a Deputy Chairman appointed by the Minister;

(b)the Chairman of the Council;

(c)not more than six other members appointed by the Minister.

(2) Subject to paragraph 4, section 18(2) of the Interpretation Act (Northern
Ireland) 1954 shall apply to every appointment made by the Minister under
sub-paragraph (1).

2.(1) Without prejudice to paragraph 1(2) and sub-paragraph (2) of this
paragraph, each of the members appointed by the Minister shall (unless in the
meantime the member dies or resigns) hold office for a period of three years.

(2) Without prejudice to paragraph 1(2), the period of appointment of the
Chairman and the Deputy Chairman shall be at the discretion of the Minister.

(3) A person shall, on ceasing to hold the office of Chairman or Deputy
Chairman or the office of member, be eligible for re-appointment.

3. The proceedings of the Service shall not be invalidated by any vacancy in
the membership of the Service or by any defect in the appointment of any
person acting as Chairman, Deputy Chairman or any of its members.

4. The Service shall pay to the Chairman, the Deputy Chairman and the other
members of the Service such remuneration and other allowances (if any) as the
Ministry with the approval of the Ministry of Finance may determine.

5.(1) The quorum for a meeting of the Service shall be four.

(2) Where in an emergency or on account of urgency a quorum for a meeting of
the Service is not obtainable, the Chairman, the Deputy Chairman or any one of
the other members, or, in the absence of all of those persons, the most senior
executive officer available, shall exercise the functions of the Service,
subject to any directions which may be given to him by the Ministry in that
behalf.

6.(1) A member of the Service shall, if he is in any way directly or
indirectly interested in any contract or other transaction entered into or
proposed to be entered into by the Service which involves or is likely to
involve any payment by or on behalf of the Service, disclose the nature of his
interest at a meeting of the Service as soon as possible after the relevant
circumstances have come to his knowledge.

(2) Any disclosure made by a member under sub-paragraph (1) shall be recorded
in the minutes of the meeting, and, save in so far as may be authorised by the
other members present at the meeting, that member shall not take part after
the disclosure in any deliberation or decision of the Service with respect to
that contract or other transaction.

(3) Where under sub-paragraph (2) a member is prohibited from taking part in
any deliberation or decision, that member shall be disregarded for the purpose
of constituting a quorum of the Service for any such deliberation or decision.

Para.7(1) rep. by 1975 c.25 s.5(2) sch.3 Pt.III; sub-para.(2) amends sch.1 to
1969 c.25 (NI)

8. The seal of the Service shall be authenticated by the signatures of

(a)the Chairman or some other member of the Service authorised by the Service
to act for that purpose; and

(b)the secretary or some other officer of the Service authorised by the
Service to act for that purpose.

9. Any contract or instrument which, if entered into or executed by an
individual, would not require to be under seal may be entered into or executed
on behalf of the Service by any person generally or specially authorised by
the Service to act for that purpose.

10.(1) [Subject to sub-paragraph (1A)] the Service may make arrangements to
secure provision for the payment on the death or retirement of persons who are
or have been

(a)whole-time chairmen or deputy chairmen or [whole or part-time] members of
the Service; or

(b)officers of the Service in a [whole or part-time] capacity,

[(1A) Arrangements made or to be made by the Service under paragraph (1) in
respect of persons serving in a part-time capacity shall be subject to the
approval of the Department and the Department of the Civil Service.]

(2) The Service may, for the purpose of providing funds for the payment of any
such benefits, make contributions to any account maintained for that purpose,
and require any [whole or part-time] chairman, deputy chairman, member or
officer of the Service to make contributions to any such account.

(3) Arrangements made under this paragraph may provide for

(a)the reckoning for the purposes of any of the said benefits of periods of
service in the employment of any other person or body;

(b)the making, as a condition precedent to such reckoning, of

(i)payments (whether in the form of repayments of contributions, payments of
accrued superannuation values or any other payments of whatsoever nature
directed to the creation or preservation of pension rights of the person
concerned) by any former employer of the person concerned or out of any
superannuation fund relevant to that person's former employment;

(ii)where the person concerned has received any payment in respect of his
pension rights upon ceasing to be employed in his former employment, payments
by that person equal to all or any of the amounts so received;

(c)in the case of persons who, having ceased to be in the employment of the
Service, have entered into the employment of any other person or body, the
making of payments by the Service corresponding to any payments such as are
described in head (b)(i);

(4) Without prejudice to head (i) of sub-paragraph (3)(b), for the purpose of
providing funds for the payment of the said benefits to such officers of the
Service as were formerly employed by an existing electricity undertaker and
were transferred under this Order in relation to whom no payment or no
sufficient payment has been made under that head, the Service in fixing under
Article 26 any tariff of prices to be charged by the Service for the supply of
electricity to premises in any area which was before the commencement of an
order under Article 41 for the transfer of functions of that undertaker the
area in which that undertaker supplied electricity, may have regard to the
need to recoup so much of any sum required to provide for the said benefits to
or in respect of those officers as is in the opinion of the Service properly
payable in respect of the period during which they were in the employment of
that undertaker.

11.(1) The qualifications, remuneration and conditions of service of officers
of the Service shall, where not prescribed by regulations under sub-paragraph
(2), be determined by the Service subject to the approval of the Ministry.

(2) Regulations may make provision with respect to

(a)the method of appointment of officers of the Service, including, provisions
as to advertisement of vacancies, the establishment and constitution of
advisory appointments committees and the making of appointments by the Service
from persons selected by such committees;

(b)the qualifications, remuneration and conditions of service of such officers
of the Service as may be specified.

(3) An officer of the Service to whom regulations apply shall not be employed
otherwise than in accordance with the regulations.

(4) The appointment and removal from office of such officers of the Service as
may be prescribed shall be subject to the approval of the Ministry.

12.(1) Except in so far as the Service is satisfied that adequate machinery
exists for achieving the purposes of this paragraph, the Service shall seek
consultation with any organisation appearing to the Service to be appropriate
with a view to the conclusion between the Service and that organisation of
such agreements as appear to the parties to be desirable with respect to the
establishment and maintenance of machinery for

(a)the settlement by negotiation of terms and conditions of employment of
persons employed by the Service, with provision for reference to arbitration
in default of such settlement in such cases as may be determined by or under
the agreements; and

(b)the promotion and encouragement of measures affecting the safety, health
and welfare of persons employed by the Service and the discussion of other
matters of mutual interest to the Service and its employees, including
efficiency in the performance of the functions of the Service.

(2) The Service shall send to the Ministry and the Ministry of Health and
Social Services copies of any agreement concluded for the purposes of this
paragraph.

(3) Nothing in this paragraph shall be construed as prohibiting the Service
from taking part together with other employers or organisations of employers
in the establishment and maintenance of machinery for the settlement of terms
and conditions of employment and the promotion and encouragement of measures
affecting the safety, health and welfare of persons employed by them and in
discussions of other matters of mutual interest, including efficiency in the
performance of their functions.

1. The Council shall consist of

(a)a Chairman appointed by the Minister;

(b)not more than thirty other members of whom

(i)not more than ten may be appointed by the Minister from a panel of persons
nominated from amongst members of district councils by such organisations as
appear to the Minister to represent the district councils;

(ii)not more than ten may be appointed by the Minister, after consultation
with such bodies as the Minister thinks fit, to represent agriculture,
commerce, industry, labour and the general interests of consumers of
electricity and other persons or organisations interested in the development
of electricity;

<(iii)not more than ten may be appointed by the Minister without any such consultation.


2.(1) A member of the Council shall hold and vacate office in accordance with
the terms of his appointment; but, notwithstanding anything in those terms, he
may at any time resign his office by notice in writing to the Minister.

(2) The period of appointment of the Chairman shall be at the discretion of
the Minister.

(3) A person shall, on ceasing to hold the office of Chairman or the office of
member, be eligible for re-appointment.

3. The proceedings of the Council or of any committee thereof shall not be
invalidated by any vacancy in the membership of the Council or committee or by
any defect in the appointment of any of its members.

4.(1) The Service shall pay to the Chairman of the Council such remuneration
and other allowances (if any) as the Ministry with the approval of the
Ministry of Finance may determine.

(2) The Service shall pay to the members of the Council, the members of any
committee constituted by the Council and the members of any committee or any
individual appointed in accordance with a scheme under Article 15, such
allowances for expenses incurred in connection with the business of the
Council as the Ministry with the approval of the Ministry of Finance may
determine.

5.(1) Subject to the provisions of this paragraph, the Council may regulate
its own quorum and procedure.

(2) The Council shall meet when convened by the Chairman but not less
frequently than four times a year, and, without prejudice to the discretion of
the Chairman to call a meeting whenever he thinks fit, he shall call a meeting
when required to do so by any three members of the Council, and minutes shall
be kept of the proceedings at every meeting.

(3) The secretary to the Council shall, as soon as practicable after any
minutes, conclusions and recommendations of the Council have been confirmed by
the Council,

(a)send copies thereof to the Ministry;

(b)send to the Service copies of such extracts of those minutes, conclusions
and recommendations as appear to the Council to be of interest to the Service.

6.(1) The Council may constitute one or more committees to which it may
delegate such of its functions as it may specify.

(2) A committee constituted under sub-paragraph (1) may include persons who
are not members of the Council but the majority of the members of the
committee shall be members of the Council.

(3) The functions and proceedings of any committee constituted under
sub-paragraph (1) shall be exercised subject to, or regulated in accordance
with, any directions of the Council.

Para.7 rep. by 1975 c.25 s.5(2) sch.3 Pt.III

8.(1) The Minister may appoint a secretary and other officers to assist the
Council and the Service shall pay to any person so appointed such remuneration
and other allowances as the Ministry may determine.

(2) The Service shall furnish the Council with such office accommodation and
equipment as the Service considers requisite for the proper discharge of the
functions of the Council (including the functions of any committee or any
individual appointed in accordance with a scheme under Article 15) or as the
Ministry may direct.

1.(1) Subject to paragraph 3, the Service, under such supervision as is
mentioned in the provisions of this paragraph, may

(a)open and break up any road or bridge;

(b)open and break up any sewers, drains or tunnels (including railway tunnels)
in or under any road or bridge;

(c)place, repair, alter or remove any line, conduits, service lines and other
works in or under any road or bridge;

(d)remove or use all earth and materials in or under any roads or bridges;

(e)erect any pillars, lamps and other works in any road; and

(f)do all other acts which the Service thinks necessary for supplying
electricity.

(2) Nothing in this paragraph shall authorise the Service to place any line or
other works in or under any land not dedicated to public use without the
consent of the owners and occupiers thereof, so however that the Service may
alter, repair or replace any existing line or works in or under any land where
the line or work has been placed under this Order or any other statutory
provision.

(3) Before commencing to open or break up any road, bridge, sewer, drain or
tunnel, the Service shall serve notice of not less than three clear days on

(a)the [Department of the Environment]; and

(b)the government department or public body exercising jurisdiction or control
over the sewer, drain or tunnel;

(4) The notice mentioned in sub-paragraph (3) shall be in addition to the
notice required to be served by the Service under paragraph 3(2)(a).

(5) Subject to sub-paragraph (6), a road, bridge, sewer, drain or tunnel shall
not, except in cases of emergency as mentioned in sub-paragraph (3), be opened
or broken up except

(a)under the superintendence of the [Department of the Environment],
department or body mentioned in sub-paragraph (3); and

(b)in accordance with a plan

(i)approved by [the Department of the Environment], department or body, or

(ii)where any question respecting the plan has arisen and has not been agreed,
determined by arbitration,

(a)and the arbitrator may, on the application of that department, require the
Service to make such temporary or other works as it thinks necessary for
guarding against any interruption of the drainage during the execution of any
works which interfere with the sewer or drain.

(6) If the [Department of the Environment], department or body mentioned in
sub-paragraph (3)

(a)fails to attend at the time fixed for the opening of the road, bridge,
sewer, drain or tunnel, after service of the notice as mentioned in
sub-paragraph (3); or

(b)fails to approve the plan; or

(c)refuses or neglects to superintend the operation,

(7) When the Service opens or breaks up any road, bridge, sewer, drain or
tunnel, it shall with all convenient speed

(a)complete the work;

(b)fill in the ground;

(c)reinstate or make good the road, bridge, sewer, drain or tunnel; and

(d)carry away the rubbish occasioned thereby,

(i)cause it to be fenced or guarded; and

(ii)cause a light sufficient for the warning of vehicles and pedestrians to be
set up and maintained at night against or near it; and

(iii)keep it in good repair for three months after replacing or making it
good, and for such further time (if any) not being more than twelve months
altogether, as the soil broken up continues to subside.

(8) If the Service delays or omits to carry out any work as mentioned in
sub-paragraph (6), the [Department of the Environment] or, as the case may be,
the government department or public body exercising jurisdiction over the
sewer, drain or tunnel, may cause to be executed the work so delayed or
omitted, and the expense of executing that work shall be a debt recoverable
summarily by [the Department of the Environment], department or body from the
Service.

(9) The provisions of this paragraph relating to the breaking up or
interference with a railway tunnel under any road or bridge shall only apply
where

(a)the railway undertaking, or

(b)where consent has been refused by the railway undertaking, the Ministry,

(10) Where the consent of the Ministry is required under sub-paragraph (9),
the Service shall

(a)apply in writing to the Ministry;

(b)serve on the railway undertaking a notice

(i)stating the time within which objections must be sent to the Ministry; and

(ii)containing any other information which the Ministry directs;

2.(1) Subject to paragraph 3, the Service may construct in or under any road
such boxes or structures as may be necessary for purposes in connection with
the supply of electricity, including apparatus for the proper ventilation of
the boxes or structures, so however that no such box, structure or apparatus
shall be placed above ground, except with the consent of the [Department of
the Environment].

(2) Every such box or structure shall be for the exclusive use of the Service
and under its sole control, except so far as the Ministry otherwise orders,
and shall be used by the Service only for

(a)leading off service lines and other distributing conductors; or

(b)examining, testing, regulating, measuring, directing or controlling, the
supply of electricity; or

(c)examining or testing the condition of the mains or other portions of the
work; or

(d)other similar purposes connected with the supply of electricity,

(3) Every such box or structure, including the upper surface or covering
thereof, shall be constructed of such materials, and shall be constructed and
maintained by the Service in such manner, as not to be a source of danger,
whether by reason of inequality of surface or otherwise.

(4) The [Department of the Environment] may prescribe the hours during which
the Service is to have access to the boxes or structures.

3.(1) Where under paragraphs 1 and 2 the execution of any works will involve
the placing of any works in, under, along or across any road or bridge, the
Service may, subject to and in accordance with the provisions of this
paragraph, carry out the works.

(2) One month or, in the case of service lines, seven days before commencing
the execution of the works (not being repairs, replacements or alterations of
existing works the character and position of which are not altered), the
Service shall

(a)in addition to the notice which it is required to serve under
paragraph 1(3), serve a notice on the [Department of the Environment] and the
Post Office describing the proposed works; and

(b)give any further information required by the [Department of the
Environment] or, as the case may be, the Post Office.

(3) The notice mentioned in sub-paragraph (2) shall contain a plan showing the
mode and position in which the works are intended to be executed, and the
manner in which it is intended that the road or bridge, or any sewer, drain or
tunnel in or under the road or bridge, is to be interfered with.

(4) The [Department of the Environment] and the Post Office may, subject to
amendments or conditions, approve the works or plan.

(5) If the [Department of the Environment] or, as the case may be, the Post
Office fail to approve the works or plan within one month or, as the case may
be, seven days, after the service of the notice under sub-paragraph (2) the
works and plan shall be deemed to have been approved.

(6) Notwithstanding anything in this Schedule, the Service shall not be
entitled to execute the works, except so far as they may be of a description
and in accordance with a plan which has been approved, or is to be deemed to
have been approved, by the [Department of the Environment] and the Post
Office; but where the works, description, and plan are approved, or deemed to
be approved, the Service may carry out those works in accordance with the
description and plan, subject in all respects to the provisions of this
Schedule.

(7) If the Service contravenes any of the requirements or restrictions of this
paragraph, the Service shall without prejudice to any other compensation which
it may be liable to make under this Schedule, make full compensation to the
[Department of the Environment] or, as the case may be, the Post Office for
any loss or damage incurred by the [Department of the Environment] or the Post
Office in consequence of that contravention.

4.(1) The Service may, subject to and in accordance with the provisions of
this paragraph unless otherwise agreed upon between the parties, alter the
position of any pipes (except any pipe forming part of any sewer), or any
wires under any road or bridge which interfere with the exercise of its powers
under this Schedule, and any government department or public body exercising
functions in relation to that road or bridge may in like manner alter the
position of any electric lines or works of the Service under any road or
bridge, which interfere with the lawful exercise of those functions.

(2) One month before commencing the alterations the Service or, as the case
may be, that department or body (in this paragraph referred to as the
"operators") shall

(a)serve a notice on the person for the time being entitled to the pipes,
wires, electric lines, or works (in this paragraph referred to as the
"owners") describing the proposed alterations; and

(b)give any further information required by the owners.

(3) The notice mentioned in sub-paragraph (2) shall contain a plan showing the
manner in which it is intended that the alterations shall be made.

(4) Within three weeks after the service of the notice upon any owners, the
owners may require, by requisition served on the operators, that any question
arising upon the notice as to the works, or to compensation in respect
thereof, or any other question shall, in default of agreement, be determined
by arbitration.

(5) Where

(a)no requisition is served on the operators; or

(b)after any requisition has been served, any question required to be
determined by arbitration has been so determined;

(6) At any time before any operators are entitled to commence any such
alterations, the owners may serve a notice on the operators, stating that they
desire to execute the alterations, and where any such notice has been served
on the operators, the operators shall not be entitled to execute the
alterations, except

(a)where they have required the owners to execute the alterations, and the
owners have refused or neglected to comply; or

(b)in a case of emergency.

(7) Where a notice such as is mentioned in sub-paragraph (6) has been served
on the operators, they shall, not more than forty-eight hours and not less
than twenty-four hours before the execution of the alterations is required to
be commenced, serve on the owners a requisition stating the time when the
alterations are required to be commenced, and the manner in which the
alterations are required to be made.

(8) Upon receipt of any requisition, the owners may execute the alterations as
required by the operators, subject to the restrictions and conditions, so far
as they are applicable, to which the operators would be subject in executing
the alterations.

(9) If the owners decline or, for twenty-four hours after the time when any
such alterations are required to be commenced, neglect to comply with the
requisition, the operators may execute the alterations in like manner as they
might have done if notice had not been served on them under sub-paragraph (6)
by the owners.

(10) In a case of emergency the operators may execute so much of the
alterations as may be necessary for the actual remedying of any defect from
which the emergency arises without serving any requisition on the owners; but
in that case the operators shall, within twenty-four hours after commencing to
execute the alterations, give information thereof in writing to the owners.

(11) All expenses properly incurred by any owners in complying with any
requisition of any operators under sub-paragraph (7) shall be a debt
recoverable summarily by them from the operators.

(12) If the operators contravene any of the requirements or restrictions of
this paragraph they shall without prejudice to any other compensation which
they may be liable to make under this Schedule, make full compensation to the
owners for any loss or damage incurred by them in consequence of that
contravention.

5.(1) Where

(a)the Service requires to dig or sink any trench for laying down or
constructing any new electric lines (other than service lines) or other works
near to

(i)any sewer, drain, watercourse, defence or work under the jurisdiction or
control of any government department or public body, or

(ii)any main, pipe, syphon or other work belonging to any gas or water
undertaking; or

(b)any gas or water undertaking require to dig or sink any trench for laying
down or constructing any new mains or pipes (other than service pipes) or
other works near to any lines or works of the Service;

(2) The operators shall

(a)comply with any reasonable requirements made by the owners

(i)for protecting from injury; and

(ii)for securing access to;

(a)the sewer, drain, watercourse, defence, main, pipe, syphon, electric line
or work; and

(b)if required by the owners, repair any damage that may be done.

(3) Where the operators find it necessary to undermine but not alter the
position of any pipe, electric line or work, they shall temporarily support it
in position during the execution of their works, and before completion provide
a suitable and proper foundation for it where so undermined.

(4) Where the Service lays any electric line crossing or liable to touch any
mains, pipes, lines or services belonging to any gas or water undertaking, the
conducting portion of the electric line shall be effectively insulated in a
manner approved by the Ministry, and the Service shall not, except with the
consent of the gas or water undertaking, as the case may require, and of the
Ministry

(a)lay its electric lines so as to come into contact with the mains, pipes,
lines or services; or

(b)use the mains, pipes, lines or services as conductors for the purposes of
its supply of electricity.

(5) Any question arising under this paragraph shall, in default of agreement,
be determined by arbitration.

(6) If the operators contravene any of the requirements of this paragraph they
shall, without prejudice to any other compensation which they may be liable to
make under this Schedule, make full compensation to the owners for any loss or
damage incurred by them in consequence of that contravention.

(7) For the purposes of this paragraph, "gas undertaking" means any body or
person lawfully supplying gas; and "water undertaking" means any body or
person lawfully supplying water or water power.

6.(1) In the exercise of any of the powers of this Schedule relating to the
execution of works, the Service shall not in any way cause damage to the
railways, tunnels, arches, works or conveniences belonging to any railway
undertaking or government department exercising jurisdiction and control over
any canal, nor obstruct or interfere with the working of the traffic passing
along any railway or canal.

(2) If at any time after the Service has placed any works under, in, upon,
over, along or across any canal

(a)any person having power to construct docks, basins or other works upon any
land adjoining to or near such canal, constructs any dock, basin or work on
the land, but is prevented by the works of the Service from forming a
communication for the convenient passage of vessels between the dock, basin or
other work and the canal; or

(b)the business of the dock, basin or other work is interfered with by reason
or in consequence of the works of the Service;

(3) Any question arising under this paragraph as to the facilities to be
afforded to the Service, or as to the direction in which the works are to be
placed shall, in default of agreement, be determined by arbitration.

7.(1) Without prejudice to Article 53, the Service shall take all reasonable
precautions in constructing, laying down, and placing its electric lines and
other works of all descriptions, and in carrying on its business so as not
injuriously to affect, whether by induction or otherwise, the working of any
wire or line used for the purpose of telegraphic, telephonic, or electric
signalling communication or electrical control of railways, or the currents in
that wire or line, whether that wire or line is or is not in existence at the
time of the laying down or placing of the electric line or other works.

(2) Any question arising between the Service and the owner of any such wire or
line as to whether

(a)the Service has constructed, laid down or placed its electric lines or
other works or carried on its business in contravention of this paragraph; and

(b)the working of that wire or line or the current therein is or is not
injuriously affected thereby;

(3) Subject to sub-paragraph (5), seven days before commencing to lay down or
place any electric line, or to use any electric line in any manner whereby the
work of telegraphic, telephonic or electric signalling communication or
electrical control of railways through any wire or line lawfully laid down or
placed in any position may be injuriously affected, the Service shall, unless
otherwise agreed between the parties or, in a case of emergency, serve a
notice on the owner of the wire or line specifying

(a)the course, nature, and gauge of the electric line; and

(b)the manner in which the electric line is intended to be used; and

(c)the amount and nature of the currents intended to be transmitted thereby;
and

(d)the extent to and manner in which (if at all) earth returns are proposed to
be used;

(4) Any question arising under sub-paragraph (3) as to the reasonableness of
any requirements made shall, in default of agreement, be determined by
arbitration.

(5) Nothing in sub-paragraph (3) shall apply to repairs or renewals of any
electric line so long as the course, nature and gauge of the electric line and
the amount and nature of the current transmitted thereby, are not altered.

(6) If the Service contravenes any of the requirements of this paragraph, it
shall without prejudice to any other compensation which it may be liable to
make under this Schedule, make full compensation to the owner for any loss or
damage incurred by him in consequence of that contravention.

(7) Nothing in this paragraph shall be held to deprive any owner of any
existing rights to proceed against the Service by indictment, action or
otherwise in relation to any of the matters aforesaid.

8.(1) Subject to sub-paragraph (2), the Service shall, upon being required to
do so by the owner or occupier of any premises situated a reasonable distance
from any main of the Service through which it is distributing electricity,
supply electricity to those premises, and shall, subject to and in accordance
with the provisions of this paragraph, provide and lay any electric lines that
may be necessary for that purpose.

(2) Sub-paragraph (1) shall not apply in relation to any main used only for
the purpose of giving a separate supply of electricity for industrial
purposes.

(3) The Service may require that the cost of

(a)providing and laying so much of any electric line for the supply of
electricity to any owner or occupier as may be laid upon the property of that
owner or in the possession of that occupier, not being property dedicated to
public use; and

(b)providing and laying so much of that electric line not laid on that
property as the Service considers reasonable;

(4) Every owner or occupier of premises requiring under this paragraph a
supply of electricity shall

(a)serve a notice upon the Service specifying

(i)the premises in respect of which the supply is required; and

(ii)the maximum consumption which may be reasonably anticipated; and

<(iii)the day (not being an earlier day than a reasonable time after the date of the service of the notice) upon which the supply is required to commence;


(a)and undertaking to pay the charges in respect of electricity and meter rent
as they become due;

(b)give to the Service (if required by it to do so) security for the payment
to it of all money which may become due to it from the owner or occupier in
respect of any electric lines to be provided by the Service, and in respect of
electricity to be supplied by the Service.

(5) Where the Service has given a supply of electricity for any premises and
the owner or occupier has not given such security as is mentioned in
sub-paragraph (4)(b) or, the security given has become invalid or insufficient
the Service may, by notice, require the owner or occupier, within seven days
after the service of the notice, to give security for the payment of all money
which may become due to the Service in respect of the supply, and if the owner
or occupier fails to comply with the notice, the Service may discontinue the
supply for those premises so long as the failure continues.

(6) Any question arising under this paragraph

(a)as to the reasonableness of the distance from any main or of the cost of
providing and laying an electric line on property other than the property of
the owner or in the possession of the occupier; or

(b)as to the nature and amount of the security to be given,

9.(1) Twenty-eight days before commencing to lay down or place any electric
line which is intended for the supply of electricity to any particular
consumer, and not for the purposes of general supply, the Service shall serve
upon the owner or occupier of all premises abutting on so much of the road as
lies between the points of origin and termination of the electric line to be
laid a notice

(a)stating that the Service intends to lay the electric line; and

(b)containing a reference to this paragraph and directing the attention of the
owners or occupiers upon whom it is served to the provisions thereof.

(2) If within the period of twenty-eight days any two or more of the owners or
occupiers require the Service in accordance with paragraph 8 to supply
electricity to their premises, the necessary distributing main shall be laid
by the Service at the same time as the electric line intended for the
particular consumer.

10.(1) Where a new or increased supply of electricity is required under
paragraph 8 and the supply cannot be given without the laying of a new main,
or the enlarging of an existing main or the constructing or enlarging of any
other works required for the supply of electricity by the Service, the Service
shall, notwithstanding the provisions of that paragraph, not be obliged to
give the supply unless the person requiring the supply enters into a written
contract with the Service

(a)to continue to receive and pay for a supply of electricity of such mimimum
amount and for such minimum period as the Service may reasonably require,
having regard to the expense to be incurred by it in laying or enlarging the
main or constructing or enlarging the other works; or

(b)to make such payment to the Service (in addition to any payments to be made
for electricity supplied) as the Service may reasonably require having regard
to the matters mentioned in head (a);

(2) Any question arising under this paragraph

(a)as to whether a supply of electricity can be given without the laying or
enlarging of a main or the constructing or enlarging of other works; or

(b)as to the reasonableness of the minimum amount or period or of the payment
required by the Service; or

(c)as to the nature and amount of the security to be given,

11.(1) Notwithstanding any provision in a contract to supply electricity, the
Service shall not be under an obligation

(a)to supply or continue to supply electricity for use in any premises in
which there are electric fittings which are being used otherwise than in
accordance with regulations made under Article 36; or

(b)to pay compensation or damages for failure to supply or continue to supply
electricity in circumstances such as are mentioned in head (a).

(2) Any question arising under this paragraph as to any alleged defect in any
electric fittings shall, in default of agreement, be determined by
arbitration.

12.(1) Notwithstanding anything in this Schedule, a person shall not be
entitled to demand or continue to receive a supply of electricity from the
Service for the purposes only of a stand-by supply for any premises having

(a)a separate supply of electricity, or

(b)a supply (in use or ready for use for the purposes of which the stand-by
supply of electricity is required) of gas, steam or other form of energy,

(i)give the Service a reasonable return on the capital expenditure incurred by
it in providing the stand-by supply; and

(ii)cover other standing charges incurred by the Service in order to meet the
possible maximum demand for those premises.

(2) Any question arising under sub-paragraph (1)

(a)as to whether a supply of electricity is demanded or received for the
purposes only of a stand-by supply; or

(b)as to whether any premises have a separate supply of electricity or have a
supply (in use or ready for use for the purpose for which a stand-by supply of
electricity is required) of gas, steam or other form of energy; or

(c)as to the amount of the minimum annual sum to be specified in the
agreement,

13. The Service shall supply electricity, in such quantities as the lighting
authority may require by notice to be supplied, to any public lamps within
seventy-five yards from any distributing main of the Service in which it is
distributing electricity for the purposes of general supply.

14.(1) Subject to sub-paragraphs (2) and (3), the amount of electricity
supplied by the Service to any consumer shall be ascertained by means of a
meter which is

(a)certified by a meter examiner under Article 34 or deemed by Article 35(3)
to be a meter so certified; and

(b)fixed and connected with the service lines in a manner certified by a meter
examiner under Article 34.

(2) The Service shall supply, either by way of sale or hire, to any consumer
who requires it, a meter and shall, if required,

(a)fix the meter upon the premises of the consumer; and

(b)connect the service lines with the meter; and

(c)have the meter certified by a meter examiner under Article 34;

(3) This paragraph shall not have effect in relation to the supply of
electricity to a person under an agreement made with him by the Service if the
agreement provides for the amounts of electricity to be ascertained otherwise
than by means of a meter which is certified by a meter examiner under Article
34 or deemed by Article 35(3) to be a meter so certified.

(4) Where any alteration is made in a meter which has been certified by a
meter examiner under Article 34, or is deemed by Article 35(3) to be a meter
so certified, that meter shall cease to be so certified or, as the case may
be, deemed to be so certified unless and until it is re-examined and certified
by a meter examiner under Article 34.

15.(1) Every consumer shall at all times, at his own expense, keep all meters
belonging to him, whereby the amount of electricity supplied is ascertained,
in proper order for correctly registering that amount, and in default of his
doing so the Service may cease to supply electricity through that meter.

(2) The Service shall at all times, at its own expense, keep all meters let
for hire by it to any consumer, whereby the amount of electricity supplied is
ascertained, in proper order for correctly registering that amount, and in
default of it doing so the consumer shall not be liable to pay rent for the
meters in respect of the period of the default.

(3) The Service shall have access to and be at liberty to remove, inspect, and
replace any meter at all reasonable times, and, shall, while any such meter is
removed, fix a substitute meter on the premises; and, subject to sub-paragraph
(4), the cost of removing, inspecting, and replacing a meter and of fixing a
substituted meter shall be defrayed by the Service.

(4) Where a meter is removed to be examined by a meter examiner under Article
34, the person at whose request the examination is to be carried out shall,
where the meter is found to be in proper order, defray the expenses incurred
in removing, examining and replacing the meter and fixing a substituted meter,
or, where the meter is found to be not in proper order, the said expenses
shall be defrayed by the owner of the meter.

(5) Any question arising under this paragraph as to whether

(a)any meter is or is not in proper order for correctly registering within the
prescribed limits of error the amount of electricity supplied; or

(b)the amount of electricity supplied has been correctly registered within the
prescribed limits of error in any case by any meter,

(6) Subject to sub-paragraph (5), the register of the meter shall be
conclusive evidence in the absence of fraud of the amount of electricity
supplied.

16. Where any consumer who is supplied with electricity by the Service from
any distributing main is provided with a meter certified by a meter examiner
under Article 34, or deemed by Article 35(3) to be a meter so certified, to
ascertain the amount of electricity supplied and the Service changes the
method of charging for electricity supplied from the main, the Service shall
pay to that consumer the reasonable expenses of providing a new meter to
ascertain the amount of electricity supplied according to the new method of
charging, and those expenses shall be a debt recoverable summarily by the
consumer.

17.(1) The Service may fix maximum prices at which electricity supplied by it
may be resold, and shall publish a notice of any prices so fixed and any
variation thereof in such manner as in the opinion of the Service will secure
adequate publicity for it.

(2) If any person re-sells any electricity supplied by the Service at a price
exceeding the maximum prices fixed under sub-paragraph (1) the amount of the
excess shall be a debt recoverable summarily by the person to whom the
electricity was re-sold.

18. Any charges in respect of electricity or electric fittings due to the
Service, or any charges in respect of the supplying and fixing of any meter or
other fittings due to the Service, shall be a debt recoverable summarily by
the Service.

19. If the occupier of any premises which are supplied with electricity by the
Service quits the premises without paying any amount due from him in respect
of charges for electricity or rent for any electric fittings, the Service
shall not be entitled to require from the next occupier of the premises the
payment of the amount due, unless that occupier has undertaken with the former
occupier to pay or exonerate him from the payment of that amount.

20.(1) If the occupier of any premises which are supplied with electricity by
meter by the Service quits the premises without serving at least twenty-four
hours' notice on the Service, he shall be liable to pay to the Service all
charges accruing due for electricity supplied by it to the premises up to

(a)the next date on which the register of the meter on the premises is usually
ascertained; or

(b)the date from which any subsequent occupier of the premises requires the
Service to supply electricity to the premises;

(2) Sub-paragraph (1) or a statement of the effect thereof shall be endorsed
upon every demand note for electricity charges payable to the Service.

21. If any person requiring a supply of electricity from the Service has
previously quitted premises at which electricity was supplied to him by the
Service without paying all amounts due from him in respect of charges for
electricity, the Service may refuse to supply electricity to him until he pays
the amounts so due.

22.(1) If any person, after the expiration of twenty-eight days from the
making of a demand in writing by the Service, has not paid the amounts due
from him to the Service

(a)in respect of charges for electricity or electric fittings;

(b)under an assisted wiring agreement;

(2) Where the Service has cut off or disconnected the supply of electricity to
any person under sub-paragraph (1), the Service may discontinue the supply of
electricity to that person until the amounts due from him together with the
reasonable expenses of reconnecting the supply are fully paid, but no longer,
so however that nothing in this sub-paragraph shall prejudice or interfere
with any rights conferred upon any person by paragraph 8.

(3) In this paragraph "assisted wiring agreement" means an agreement made by a
consumer of electricity with the Service whereby the consumer agrees to make a
payment or series of payments to the Service in consideration of the
instalment of electric fittings at premises occupied by the consumer.

23.(1) If any person wilfully, fraudulently, or by culpable negligence,

(a)damages any lines, meter or other fittings belonging to the Service, or

(b)alters the index to any meter, or

(c)prevents any meter from duly ascertaining the amount of electricity
supplied,

(2) Where an offence is committed as mentioned in sub-paragraph (1), the
amount of any damage caused to the Service shall be a debt recoverable
summarily.

(3) Where an offence involving any damage to or interference with any lines,
meter or other fittings belonging to the Service has been committed as
mentioned in sub-paragraph (1), the Service may discontinue the supply of
electricity to the person so offending notwithstanding any contract previously
existing until the matter has been remedied, but no longer.

(4) The existence of artificial means for causing an alteration of the index
to any meter or the prevention of any meter from duly ascertaining the amount
of electricity supplied when such meter is under the custody or control of the
consumer, shall be evidence that the alteration or, as the case may be, the
prevention, has been fradulently and wilfully caused by the consumer using the
meter.

24.(1) If any person without lawful authority wilfully or recklessly cuts,
damages or interferes with any electric line or works with the intent to cut
off or injuriously affect any supply of electricity, he shall be guilty of an
offence and shall be liable on conviction on indictment to imprisonment for a
term not exceeding five years or to a fine or to both.

(2) If any person

(a)wilfully removes, destroys or damages any pillar, post, plug, lamp or other
work of the Service for supplying electricity; or

(b)wilfully extinguishes any of the public lamps;

(3) Where an offence is committed as mentioned in sub-paragraph (2) the amount
of any damage caused to the Service shall be a debt recoverable summarily.

25.(1) If any person

(a)connects any line to a line belonging to the Service without its consent;
or

(b)where the amount of electricity supplied by the Service is not ascertained
by meter

(i)uses any electric fitting of larger dimensions, or

(ii)keeps lights burning for a longer time,

(b)than he has contracted to pay for; or

(c)otherwise improperly uses the electricity;

(2) Where an offence such as is mentioned in sub-paragraph (1) has been
committed the Service may discontinue the supply of electricity to the person
so offending notwithstanding any contract previously existing.

26. If any person, without the consent of the Service, reconnects the supply
of electricity which has been disconnected by the Service otherwise than in
exercise of a power conferred by regulations made under Article 36 he shall be
guilty of an offence and shall be liable on summary conviction to a fine not
exceeding #100 and the Service may again disconnect the supply of electricity.

27.(1) A person shall not connect any meter used or to be used to ascertain
the amount of electricity supplied with any electric line through which
electricity is supplied by the Service or disconnect any such meter from any
such electric line unless he has served on the Service at least twenty-four
hours' notice of his intention to do so, specifying the time and place of the
proposed connection or disconnection.

(2) Any person who contravenes this paragraph shall be guilty of an offence
and shall be liable on summary conviction to a fine not exceeding #20.

28.(1) The Service shall

(a)within the period of one year from the date specified in an order under
Article 41 transferring the functions of the Authority, the Board and other
existing electricity undertakers to the Service, cause a map to be made on
which is delineated the line and the depth below the surface of all its then
existing mains, service lines, and other underground works, road boxes and
structures; and

(b)once in every year cause that map to be duly corrected so as to show the
then existing lines; and

(c)if required by the Ministry or the Post Office, cause to be made sections
showing the level of all its existing mains and underground works other than
service lines.

(2) Every map and section so made or corrected, or a copy thereof, marked with
the date when it was so made or last corrected, shall be kept by the Service
at such of its offices as it thinks fit, and may at all reasonable times be
inspected and copies of all or any part taken on payment of such fee not
exceeding #0.05 for each inspection of the map, section, or copy, or not
exceeding #0.25 for each copy of all or any part, as the Service determines.

(3) The Service shall, if required by the Ministry, the Post Office or a
district council supply to it a copy of any map or section and cause that copy
to be duly corrected so as to agree with the original or originals as kept for
the time being at offices of the Service, so however that a district council
shall only be entitled to require a copy of so much of any such map as relates
to its district.

29.(1) Where any security is required under this Schedule to be given to the
Service, the security may be by way of deposit or otherwise, and of such
amount as may be agreed upon between the parties or, in default of agreement,
be determined by arbitration.

(2) Where any money is deposited with the Service by way of security as
mentioned in sub-paragraph (1), the Service shall pay interest at such rate as
may be determined by the Ministry of Finance on any sum so deposited for every
six months during which it remains in the hands of the Service.

30. Any electric fittings let for hire by the Service and marked or impressed
with a sufficient brand indicating the Service as the owners thereof

(b)shall not be taken in execution under any proceedings in bankruptcy against
the person in whose possession they are;

(c)shall continue to be the property of the Service, notwithstanding that they
may be fixed or fastened to any part of the premises in which they are
situated.

31.(1) The Service, in the exercise of the powers in relation to the execution
of works given to it under this Schedule shall cause as little detriment and
inconvenience and do as little damage as possible and shall make good or pay
compensation for any damage to property caused by, or in consequence of the
Service in exercising any such powers.

(2) Any question of disputed compensation under this paragraph shall be
referred to and determined by the Lands Tribunal.

32.(1) The Service shall send to the Ministry notice of

(a)any accident by explosion or fire; and

(b)any other accident of such kind as to have caused, or to be likely to have
caused, loss of life, or personal injury which has occurred in any part of the
Service's works or its circuits, or in connection with those works or
circuits; and

(c)any loss of life or personal injury occasioned by any such accident.

(2) The notice mentioned in sub-paragraph (1) shall be sent by the earliest
practicable post after the accident occurs or, as the case may be, after the
loss of life or personal injury becomes known to the Service.

33.(1) If at any time the Ministry is satisfied

(a)that any electric lines or works of the Service are defective, so as not to
be in accordance with the provisions of this Schedule or regulations made
under Article 36; or

(b)that any work of the Service or its supply of electricity is attended with
danger to the public safety, or injuriously affects any telegraphic line of
the Post Office;

(i)specify the matter complained of, and require the Service to abate or
discontinue it within the period specified in the order; or

(ii)direct the Service to remove the electric line or other work.

(2) The Ministry may by an order under sub-paragraph (1) or by any other order
forbid the use of any electric line or work as from the date specified in that
behalf until the order is complied with, or for such time as may be so
specified.

34. In this Schedule

"distributing main" means the portion of any main which is used for the
purpose of giving origin to service lines for the purposes of general supply
of a voltage up to 600 volts;

"general supply" means the general supply of electricity to ordinary
consumers, and includes, unless otherwise specially agreed with the lighting
authority, the general supply of electricity to the public lamps but shall not
include the supply of electricity to any one or more particular consumers
under special agreement;

"lighting authority" in relation to public lamps, means the person or body by
whom the lamps are maintained;

"main" means any electric line through which electricity may be supplied or
intended to be supplied by the Service for the purposes of general supply of a
voltage up to 33,000 volts.

(a)restrict, terminate or otherwise interfere with (either permanently or
temporarily and either by agreement or compulsorily) any easement, wayleave,
fishery, inland navigation or water right or other right whatsoever existing
in or over any lands or water or interfere with any such lands or water either
permanently or temporarily and either by agreement or compulsorily;

(b)impound, dam up, divert, take or use the waters of, or embank, deepen,
widen, straighten, dredge or alter the level of any watercourse or lake to
which the scheme relates or any tributary thereof or any lake, pond or canal
thereon or connected therewith;

(c)construct and maintain, remove, alter, repair or reconstruct any
embankment, quay, inland harbour, landing place, boathouse, mill-race, cattle
watering-place, dam, weir, sluice or other work (including passages for the
ascent and descent of fish) in any watercourse or lake to which the scheme
relates;

(d)subject to paragraph 2, divert, close, remove, submerge or otherwise
interfere with any road or bridge and divert, close, remove, submerge or
otherwise interfere with (either permanently or temporarily and either by
agreement or compulsorily) any road, way or bridge or any canal or other
artificial waterway.

2. The powers exercisable by the Service under paragraph 1(d) in respect of
any road or bridge shall be exercisable in like manner and subject to the like
conditions as the powers of stopping up or diversion conferred on [the
Department of the Environment] by any enactment for the time being in force
and that enactment shall apply accordingly; so however that any compensation
payable in respect of the exercise of such powers by the Service shall be paid
by the Service as part of the expenses of the scheme.

3. Nothing in paragraph 1 shall be taken to authorise any interference by the
Service with any waterworks, watercourse, conduit or pipe, owned, used or
under the control of any government department or public body.

(a)for the carrying on and completion by or on behalf of the Authority, the
Board or other existing electricity undertaker of anything (including any
legal or parliamentary proceeding) commenced by or on behalf of the Authority,
the Board or that undertaker before the coming into operation of the order;

(b)for construing, so far as may be necessary for the purposes of or in
consequence of the order, references in any transferred provision or in a
judgment, decree, order or warrant of any court, or in any award, deed,
contract or other document to the Authority, the Board or other existing
electricity undertaker as references to the Service; and

(c)for the application, modification, adaptation, extension, restriction or
repeal of any transferred provision (including such a provision contained in
or made under a transferred provision) in such manner or to such extent as may
appear to be necessary or expedient in consequence of, or for the purposes of
giving full effect to, the order;

(d)for the determination of questions arising under the order.

Schedule 6Amendments. Schedule 7Repeals

b), (4), 38 (11).Article 29(2)( Article 41(1)(

© 1972 Crown Copyright

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