HC Deb 22 December 1919 vol 123 cc1147-51

(1) A district electricity board or any authorised undertakers may place any electric line below ground across any land, and above ground across any land other than land covered by buildings or used as a garden or pleasure ground in cases where the placing of such lines above ground is otherwise lawful, and where any line has been so placed across any land the board or undertakers may enter on the land for the purpose of repairing or altering the line: Provided that before placing any such line across any land the board or undertakers shall serve an the owner and occupier of the land notice of their intention, together with a description of the nature and position of the lines proposed to be so placed; and if, within twenty-one days after the service of the notice, the owner and occupier fail to- give their consent or attach to their consent any terms or conditions or stipulations to which the board or the undertakers object, it shall not be lawful to place the line across that land without the consent of the Board of Trade; and the Board of Trade may, if after giving all parties concerned an opportunity of being heard they think it just, give their consent either unconditionally or subject to such terms, conditions, and stipulations as they think just; and in deciding whether to give or withhold their consent; or to impose any terms, conditions, or stipulations (including the e carrying of any portion of the line underground) Board shall, among other considerations, have regard to the effect, if any on the amenities or value of the land of the placing of the line in the manner proposed. (2) The power of placing lines across land conferred by this Sect on shall include the power of placing a line across or along any railway, canal, inland navigation, dock or harbour, subject to the rights of the owners thereof and to the following conditions:— (b) In respect of any electric lines placed or proposed to be placed across any canal or inland navigation from side to side thereof, whether by being carried above or below ground, Sections fifteen, nineteen, and seventy-seven of the Schedule to the Electric Lighting (Clauses) Act, 1899, shall, without prejudice to any protection given to the owners of the canal by the Electric Lighting Acts and this Act., apply as though the said electric lines were placed in accordance with powers contained in a special order. as defined in the Electric Lighting (Clauses) Act, 1899. and as if the expression canal therein included inland navigation: (c) In respect of any electric lines placed or proposed to be placed over or upon or under any line of railway along its course. the provisions contained in the proviso to Sub-section (1) of this Section shall not apply, and in lieu thereof the following conditions shall apply:—

  1. (i) Failing agreement between the district electricity board or authorised undertakers proposing to place such electric lines and the railway company, the district electricity board or authorised undertakers may apply to the Board of Trade, who may decide either that the lines shall not be so placed or may refer the question to the Railway and Canal Commission. and that Commission may, after an inquiry, make an order for the placing of the electric lines, subject to such pecuniary terms as the Commission think just, or refusing to allow such lines to be placed, and any such inquiry may be held by any one or more of the members of the Commission or by an officer appointed by the Commission for the purpose, and Parts and IV. of the Railway and Canal Traffic Act, 1888 1149 (except the Sections relating to appeals), shall apply as far as applicable to any such inquiry, and any officer appointed to hold the inquiry shall have power to administer an oath;
  2. (ii) The district electricity board or authorised undertaker shall, upon receiving notice in writing from the railway company, remove or alter within a reasonable time, and to the reasonable satisfaction of the railway company, any such electric lines which shall interfere with the existing or any proposed works of the railway company or the traffic thereon: Provided that if within twenty one days after receipt of such notice the district electricity board or authorised undertakers object to the removal or alteration required by such notice, a difference shall be deemed to have arisen, which shall be referred to and determined by the Railway and Canal Commission;
  3. (iii) Save as herein provided, Sections fifteen, sixteen, nineteen, twenty, and seventy-seven, of the Schedule to the Electric Lighting (Clauses) Act, 1899, shall, without prejudice to any protection given to the railway company by the Electric Lighting Acts and by this Act, apply as though the said electric lines were placed in accordance with powers contained in a special Order as defined in the Electric Lighting (Clauses) Act, 1899.
(d) In respect of any electric lines placed or proposed to be placed over or upon or under any canal or inland navigation along its course, the following conditions shall apply:
  1. (i) The provisions of paragraphs (c) (i) and (c) (ii) of this Sub-section shall apply as in the case of railways:
  2. (ii) Save its herein provided, Sections fifteen, sixteen, nineteen, and seventy-seven of the Schedule to the Electric Lighting (Clauses) Act, 1899, shall, without prejudice to any protection given to the canal owners by the Electric Lighting Acts and this Act, apply as though the said electric lines were placed in accordance with powers contained in a special Order as defined in the Electric Lighting (Clauses) Act, 1899, and as if the expression "canal" therein included an inland navigation.
 (f) In respect of any electric lines placed or proposed to be placed across any lands or works forming part of any dock or harbor undertaking regulated by Act of Parliament, whether by being carried above ground or below ground, Sections fifteen, sixteen, seventeen, nineteen, and seventy-seven of the Schedule to the Electric Lighting (Clauses) Act, 1899, shall apply as though the said electric lines were placed in accordance with powers contained in a special Order as defined in the said Act, and as if in the said Sections fifteen, sixteen, and seventy-seven, the expression "street" included any such lands or works, and "the persons liable to repair a street" included the authority owning, or managing the undertaking, and in the said Section nineteen the expres- sions "canal" and "owners of a canal" included a dock or harbour and the authority owning or managing the same. (3) For the purposes of this Section any company or body or person entitled by virtue of any Act of Parliament to receive tolls or dues in, respect of the navigation on or use of any canal, inland navigation dock or harbour shall be deemed to be occupiers of such canal or inland navigation dock or harbour. (5) Nothing in this Section shall prejudice or affect the rights of the Postmaster-General in relation to railways and canals under the Telegraph Acts, 1863 to 1916, or any agreement or award made thereunder, or shall operate in such a manner as to interfere with or involve additional expense in the exercise of any such rights.

Lords Amendments: In Sub-section (1), leave out the words "district electricity board," and insert instead thereof the words "joint electricity authority"— Agreed to.

Leave out the word "board"[three times], and insert instead thereof the words "joint electricity authority."—Agreed to.

In Sub-section (2, b), leave out the words "and as if the expression canal therein included inland navigation."—Agreed to.

In Sub-section (2,c, i.), leave out the words "district electricity board"[twice], and insert instead thereof the words "joint electricity authority."—Agreed to.

In Sub-section (2,c, ii.), leave out the words "district electricity board"[twice], and insert instead thereof the words "joint electricity authority."—Agreed to.

In Sub-section (2,d), after the word "course," insert the words the provisions contained in the proviso to Subsection (1) of this Section shall not apply, arid in lieu thereof.

—Agreed to.

In Sub-section (2,d, i.), after the word "railways," insert the words and for that purpose the expression railway company ' shall mean the owners of the canal or inland navigation.

—Agreed to.

In Sub-section (2, d, ii.), leave out the words "and as if the expression canal therein included an inland navigation,"—Agreed to.

In Sub-section (2, f) after the word "shall," insert the words without prejudice to any protection given to the authority owning or managing the undertaking by the Electric Lighting Acts and this Act.

—Agreed to.

In Sub-section (2,b), leave out the words said Act, and as if in the said Sections fifteen, sixteen, and seventy-seven, the expression 'street' included any such lands or works, and the persons liable to repair a street' included the authority, owning, or managing the undertaking, and in the said Section nineteen the expressions canal and owners of a canal included a dock or harbour and the authority owning or managing the same. and insert instead thereof the words "Electric Lighting (Clauses) Act, 1899."— Agreed to.

In Sub-section (2), after the words last inserted, insert the words The Sections of the Schedule to the Electric Lighting (Clauses) Act, 1899, by this Sub-section applied to canals, inland navigations, docks and harbours, and lands or works forming part thereof shall apply thereto as if references those Sections to streets and persons liable to repair streets and canals and canal companies included respectively canals, inland navigations, docks and harbours, and lands and works forming part of a clock or harbour, and the authority owning or managing the same.

—Agreed to.

In Sub-suction (3), leave out the word "occupiers," and insert instead thereof the word "owners."—Agreed to.

In Sub-section (5), leave out the words "and canals," and insert instead thereof the words "canals, docks and harbours."—Agreed to.

At end of Sub-section (5), insert the words a notice under this Section may be served on the owner or occupier of any land by delivering it to him or by leaving it or forwarding it by post addressed to him at his usual or last known place of abode, and may be addressed by the description of the owner or occupier of the lands (naming them) without further name or description.

—Agreed to.