Electricity (Supply) Act 1927

(9)Notwithstanding anything contained in this section, any authorised undertaker who has contracted before the thirty-first day of March, 1927, or shall contract with the consent of the Board after the passing of this Act to give a supply of electricity at a price fixed by or under the contract may, so long as such contract continues binding on him, perform his obligations under such contract.

60. Objection to scale of charges.

60.—Whenever the Board fixes a scale of methods of charge and rates of charge for electricity any authorised undertaker to whom such scale applies may if the charges to be borne by consumers under such scale are less than the charges borne by such consumers in respect of the same services before such scale is fixed by the Board serve on the Board a notice in writing of his objection to work his undertaking under such scale, and thereupon the Board shall by order do one or other of the following things as such undertaker may require or in the absence of such requisition as the Board thinks proper, that is to say, either acquire the undertaking of such undertaker or take control of such undertaking for a period of not less than two years.

61. Closing of generating stations.

61.—(1)Whenever—

(a)it appears to the Board that it is expedient that any generating station should wholly or in part cease to be used as a generating station, and

(b)a sufficient supply of electricity is available to the person owning such generating station and such person can be compelled under this Act to take such supply,

the Board may by order require such person within such time as the Board shall specify in such order (not being less than three months from the date thereof) to cease to use such generating station as a generating station either wholly or to such lesser extent as is specified in such order and shall under the powers conferred on it by this Act compel such person to take the supply of electricity so available as aforesaid.

(2)Whenever a person is required by an order under this section to cease in part only and not wholly to use a generating station as a generating station the subsequent provisions of this section and the provisions of the First Schedule to this Act shall apply with the modification that references to the cesser to use a generating station as a generating station shall be construed as including such partial cesser as is required by such order.

(3)When an authorised undertaker or a statutory undertaker in pursuance of an order made under this section ceases to use a generating station as a generating station, such authorised undertaker or such statutory undertaker (as the case may be)—

(a)may, with the consent of the Board, and shall, if so required by the Board, maintain such generating station or any part thereof for the purposes of the Board and at the expense of the Board which expense shall be taken into consideration in fixing the rates of charge for electricity for all areas for the benefit of which such generating station is maintained, and

(b)may, with the consent of the Board, do all or any of the following things, that is to say:—

(i)sell any machinery or plant theretofore used in such generating station,

(ii)sell such generating station or any part thereof,

(iii)utilise such generating station, with or without all or any of the plant theretofore used therein, in such manner as such undertaker thinks proper.

(4)Whenever an authorised undertaker or a statutory undertaker sells any generating station or any machinery or plant under this section the proceeds of such sale shall be applied in accordance with the Acts or Orders regulating the undertaking or, if such Acts or Orders do not contain provisions applicable to the case, in such manner as shall be approved, in the case of an authorised undertaker or a statutory undertaker who is a local authority, by the Minister for Local Government and Public Health after consultation with the Board or, in the case of any other authorised undertaker or statutory undertaker, by the Minister after consultation with the Board.

(5)Whenever an authorised undertaker or a statutory undertaker in pursuance of an order made under this section ceases to use a generating station as a generating station, the First Schedule to this Act shall on such cesser apply to every person who at the date of such order was employed in such generating station by such authorised undertaker or such statutory undertaker (as the case may be).

(6)In this section and in the First Schedule to this Act the expression “authorised undertaker” includes a permitted undertaker.

62. Establishment and extension of generating stations, etc.

62.—Notwithstanding anything contained in any special Act or any provisional or other order in force at the passing of this Act, it shall not be lawful for any authorised undertaker without the consent of the Minister before the constitution of the Board and after the constitution of the Board without the consent of the Board to establish a new or extend an existing generating station or transmission system or distribution system.

63. Making of contracts by the Board for authorised undertakers.

63.—(1)The Board may after consultation with an authorised undertaker make contracts for the execution of works for or on behalf of such authorised undertaker, and the Board may after consultation with an authorised undertaker prepare plans, maps, and specifications in relation to any works to be executed by such authorised undertaker and supervise the execution of such works.

(2)The Board may by agreement with an authorised undertaker make contracts for the sale of electricity by such authorised undertaker and may by agreement with an authorised undertaker, and if so requested by such authorised undertaker, shall supervise the making of contracts for the sale of electricity by and on behalf of such authorised undertaker and the execution of contracts so made.

(3)For the purpose of effecting economy in the execution of any works (including the supply of materials therefor) the subject of a contract made by the Board for and on behalf of any authorised undertaker or in the construction of works (including the supply of materials therefor) being or to be supervised by the Board under this section the Board may form or cause to be formed such a combination of authorised undertakers as the Board may consider necessary or expedient.

(4)An authorised undertaker shall not incur any expenditure in respect of the construction, reconstruction, extension, equipment, or re-equipment of any works used by such authorised undertaker as part of or in connection with his undertaking save in accordance with such plans and specifications as are approved for the purpose by the Board.

(5)Whenever any such expenditure as is mentioned in the foregoing sub-section is incurred by an authorised undertaker after the passing of this Act and the construction, reconstruction, extension, equipment, or re-equipment in respect of which such expenditure is so incurred is executed on plans or specifications which have not been approved by the Board or otherwise than in accordance with plans and specifications so approved and the undertaking of such authorised undertaker is acquired by the Board under this Act, such expenditure or such amount thereof as remains undischarged at the date of such acquisition shall not, without the consent of the Board, be taken over by the Board as a liability of such undertaking.

64. Amendment of frequency.

64.—(1)The Board may require any one or more authorised undertakers to amend or alter the type of current, frequency, or pressure employed by them in their undertakings.

(2)The defrayal of expenses necessarily and properly incurred by an authorised undertaker in complying with a requisition by the Board under this section shall be a purpose for which such authorised undertaker may borrow under this Act.

65. Purchase, etc., of undertakings by authorised undertaker.

65.—Any authorised undertaker may by agreement and with the consent of the Board purchase, take on lease, or acquire the right to use the whole or any part of the undertaking of any person (other than the Board) engaged in the generation, supply, or distribution of electricity and such person (whether an individual, a local authority, company, or other body corporate or unincorporate) may with the consent aforesaid sell, lease, or grant the right to use the whole or any part of his undertaking to the authorised undertaker aforesaid.

66. Working of by-products.

66.—An authorised undertaker may, with the consent of the Board, erect, maintain, alter, improve, and renew by-product plant with all necessary machinery and apparatus, and do all such acts as may be proper for working up and converting the residual products arising directly or indirectly from the generation of electricity.

67. Constitution of joint committees.

67.—(1)Where it appears to the Board that the joint exercise by two or more authorised undertakers of their powers would be expedient, the Board may by special order make such provisions as appear to it to be necessary or expedient, by the constitution of a joint committee or joint board or otherwise, for the joint exercise by such authorised undertakers of all or any of their powers under this Act or any order thereunder in any area comprising the whole or any part or parts of the respective areas of supply of such authorised undertakers.

(2)Any order made under this section may contain such provisions as may appear to the Board to be necessary or proper for adapting any of the provisions of this Act or any order made thereunder to the circumstances of any joint committee or joint board constituted by such order.

68. Mutual assistance.

68.—(1)Any two or more authorised undertakers may, with the approval of the Board, and if so required by the Board shall, enter into and carry into effect arrangements for the mutual assistance of the one by the other with regard to all or any of the following matters, that is to say:—

(a)the giving and taking of a supply of electricity and the distribution and, supply of the electricity so taken,

(b)the management and working of the generating stations or other parts of the several undertakings of the authorised undertakers who are parties to the arrangement,

(c)the provision of capital required for carrying into effect, and the appropriation and division of receipts arising under, any such arrangement,

(d)any matters or things incidental to or connected with any of the matters aforesaid.

(2)Any arrangement made under this section shall be made on such terms and conditions as may be agreed between the parties thereto with the approval of the Board, or, if the arrangement is made in pursuance of a requirement by the Board, on such terms and conditions as in default of agreement shall be settled by the Board.

(3)Unless the Board determines that such arrangement is necessary in the interest of the general supply of electricity in the district, the Board shall not require an authorised undertaker to enter into an arrangement under this section for taking a supply of electricity from some other specified authorised undertaker if it is proved to the satisfaction of the Board that, having regard to all the circumstances of the case, including the duration of the period during which the supply is to be taken and the estimated financial results likely to be obtained during that period, the authorised undertaker would if he obtained a supply of electricity from some other source be in a position to give a supply of electricity adequate in quantity and regularity to meet the present and prospective demands of his consumers at a cost less than that at which he could give such a supply if he obtained the supply from that specified undertaker.

(4)Where an arrangement has been duly made under this section, any authorised undertaker who is a party thereto may be authorised by the Board by order to exercise such powers (including the power to break up roads, railways, and tramways) as may be necessary for the purpose of carrying the arrangement into effect.

(5)The provision of capital required for giving effect to an arrangement made under this section and the payment of interest on such capital whilst the expenditure remains unremunerative shall be purposes for which a local authority which is an authorised undertaker may borrow under this Act.

(6)The Board may by order—

(a)authorise any authorised undertaker to supply electricity in bulk to any person either within or outside the area of supply of such authorised undertaker and whether such person is or is not himself an authorised undertaker.

(b)provide for any such supply as aforesaid being compulsory, and

(c)make such provisions as appear to the Board to be necessary for adapting this Act to the giving of such supply in bulk.

69. Supply of electricity to premises outside area of supply.

69.—(1)Where the occupier of any premises is desirous of obtaining a supply of electricity to those premises from an authorised undertaker in whose area of supply those premises are not situate, the Board may (subject to the provisions of this section) permit such authorised undertaker to supply electricity to those premises upon such terms and subject to such conditions as the Board shall think fit to prescribe.

(2)No permission shall be given by the Board under this section without previous consultation with the local authority in whose district the said premises are situate and with the authorised undertaker (if any) in whose area of supply the said premises are situate.

70. Divestiture of powers and obligations.

70.—(1)An authorised undertaker may, with the consent of the Board divest himself of any power, right or obligation conferred or imposed on him by this Act or by any special Act or by any order made under this Act or any Act repealed by this Act.

(2)Save as authorised by the foregoing sub-section, an authorised undertaker shall not divest himself, by transfer or otherwise, of any such power, right, or obligation as is mentioned in the said sub-section.

PART III. Local Authorities.

71. Expenses of local authorities.

71.—(1)Any expenses incurred under this Act by a local authority which is an authorised undertaker and not otherwise provided for may, with the consent of the Board given after consultation with the Minister for Local Government and Public Health, be defrayed—

(a)in the case of an urban sanitary authority out of the rate applicable to the general purposes of the Public Health (Ireland) Acts or any other fund or rate applicable to lighting under any Local Act, and

(b)in the case of a rural district council, board of public health, or board of health and public assistance as special expenses under the Public Health (Ireland) Act, 1878 and shall be deemed to be special expenses within the meaning of section 232 of the said Act.

(2)F27[…]

(3)F27[…]

72. Power to local authorities to borrow for the purposes of this Act.

72.—F28[…]

73. Power to suspend annual provision for repayment of borrowed moneys.

73.—(1)Notwithstanding anything to the contrary contained in any Act, whether public general or local and personal, it shall be lawful with the approval of the Board for a local authority which is an authorised undertaker to suspend (subject to the limitations imposed by this section) the annual provision required by law to be made for the repayment of moneys borrowed under this Act.

(2)The suspension under this section of the annual provision aforesaid shall be made for such period and subject to such conditions as the Board shall determine but shall not in any case extend beyond the period during which the expenditure out of the moneys borrowed as aforesaid remains unremunerative.

74. Audit of Accounts.

74.—A local authority which is an authorised undertaker shall keep separate accounts in relation to its authorised undertaking and the separate accounts so kept shall be deemed to be accounts of such local authority and shall be audited in like manner as the accounts of such local authority and the enactments and orders relating to the audit of the accounts of such local authority and to the powers of the auditor thereof shall apply to such separate accounts in like manner as those enactments and orders apply to the audit and the auditor of the accounts of such local authority.

75. Contracts for execution of works, etc,

75.—Any local authority which is an authorised undertaker may (subject to the provisions of this Act which relate to expenditure incurred by an authorised undertaker in respect of the construction, reconstruction, extension, equipment, or re-equipment of any works used as part of or in connexion with his undertaking) contract with any person for the execution and maintenance of any works needed for the supply by such local authority of electricity in accordance with the order or special Act by which such supply is authorised.

76. Expenses of carrying out agreements.

76.—Where a local authority which is an authorised undertaker enters into an agreement or arrangement authorised by or under this Act with any other authorised undertaker or any other person, any expenses incurred by such local authority in carrying such agreement or arrangement into effect shall be deemed to be expenses incurred by them under this Act, and any moneys received by such local authority under such agreement or arrangement shall be deemed to be moneys received by such local authority in respect of their authorised undertaking.

77. F29[Payment by local authorities of expenses of certain alterations.

77.—Whenever a local authority on account of or for the purpose of an alteration to a road or bridge—

(a)requires an authorised undertaker or a holder of an authorisation under section 16 of the Electricity Regulation Act 1999, or the holder of a direct line permission under section 37 of the Electricity Regulation Act 1999, to alter the position or depth of underground electrical wires, mains, or other electrical works or the position of poles or other structures carrying electrical wires or mains or other above ground electrical works, or

(b)requires the Board to alter the position or depth of any such underground electrical works or the position of any such above ground electrical works as aforesaid belonging to or under the control of the Board,

the expenses incurred by such authorised undertaker or holder of an authorisation under section 16 of the Electricity Regulation Act 1999, or holder of a direct line permission under section 37 of the Electricity Regulation Act 1999, or by the Board, as the case may be, in complying with such requisition shall be paid to such authorised undertaker or holder of an authorisation under section 16 of the Electricity Regulation Act 1999, or holder of a direct line permission under section 37 of the Electricity Regulation Act 1999, or to the Board, as the case may require, by such local authority or, demand as part of the expenses of the maintenance of such road or bridge and the amount of such expenses so to be paid to such authorised undertaker or holder of an authorisation under section 16 of the Electricity Regulation Act 1999, or holder of a direct line permission under section 37 of the Electricity Regulation Act 1999, or to the Board shall be fixed by an arbitrator appointed by the Commission for Electricity Regulation established under section 8 of the Electricity Regulation Act 1999.]

78. Application to borrowing under this Act of the Public Health (Ireland) Acts, 1878 to 1919.

78.—F30[…]

79. Public safety regulations.

79.—(1)Any local authority within whose district any person is authorised under any order or special Act to supply electricity may make in respect of the supply of such electricity such regulations for securing the safety of the public as such local authority thinks proper and may by such regulations impose penalties for the breach of such regulations and authorise the recovery of such penalties by summary proceedings.

(2)Regulations made under this section shall be in addition to any regulations made by the Board and shall not revoke, amend, or prejudice any such last-mentioned regulations.

(3)No regulations made by a local authority under this section shall have any force or effect unless or until they have been confirmed by the Board and have been published in such manner as the Board may direct.

80. Allocation of surplus funds.

80.—Whenever a local authority which is an authorised undertaker has in its hands at the end of any local financial year any surplus funds arising from the authorised undertaking after discharge of all liabilities in relation to such undertaking, such authorised undertaker shall not allocate or apply such surplus funds to any purpose save a purpose approved in that behalf by the Board.

81. Provision of fund as working capital.

81.—A local authority which is an authorised undertaker may provide a fund as working capital and may with the approval of the Board F31[…] allocate for such purpose any surplus funds arising from the authorised undertaking after discharge of all current liabilities in relation to such undertaking.

PART IV. Amendments of the Shannon Electricity Act, 1925.

82. Provision of alternative accommodation.

82.—(1)Whenever the Minister compulsorily acquires permanently any land under the powers in that behalf conferred on him by the Shannon Electricity Act, 1925 (No. 26 of 1925), the Minister may, if the person who was the occupier of such land immediately before such acquisition so agrees, provide for such occupier alternative accommodation in land in lieu and stead of the price or compensation or part thereof payable by the Minister to such occupier under the said Act.

(2)The acquisition of land by the Minister for the purpose of providing alternative accommodation under this section shall, for the purposes of sub-section (1) of section 4 of the Shannon Electricity Act, 1925 be deemed to be authorised by that Act and accordingly land may be acquired for that purpose by the Minister under the said section 4 and land so acquired shall be deemed to be acquired under the said Act and the said Act shall apply accordingly.

(3)Whenever the Minister provides alternative accommodation under this section for an occupier of land such alternative accommodation shall be vested in such occupier subject to the trusts, charges, liabilities, and encumbrances to which the land compulsorily acquired from such occupier was subject immediately before its acquisition by the Minister.

(4)For the purpose of the application of this section to the provision of alternative accommodation in the case of land held by a local authority for the purposes of the Labourers (Ireland) Acts, 1883 to 1919, which is compulsorily acquired permanently by the Minister under the powers in that behalf conferred on him by the Shannon Electricity Act, 1925, such local authority shall be deemed to be the occupier of such land, and the Minister may erect on the land provided as alternative accommodation for such local authority under this section cottages similar so far as may be practicable in structure and in all other respects to the cottages erected on the land held by such local authority for the purposes aforesaid and so compulsorily acquired as aforesaid by the Minister, and the Labourers (Ireland) Acts, 1883 to 1919, shall apply to the land so provided as alternative accommodation under this section in like manner in all respects as they applied to the land so compulsorily acquired by the Minister immediately before such acquisition.

83. Acquisition of land for erection of barracks.

83.—(1)The Minister may compulsorily acquire any land permanently for the purpose of erecting thereon or of using the same as barracks for the accommodation of members of the Defence Forces of Saorstát Eireann or of the Gárda Síochána engaged in the defence or protection of the Shannon works.

(2)The acquisition of any land by the Minister for the purposes aforesaid shall, for the purposes of sub-section (1) of section 4 of the Shannon Electricity Act, 1925 (No. 26 of 1925) be deemed to be authorised by that Act, and accordingly land may be acquired for the said purposes by the Minister under the said section 4, and any land so acquired shall be deemed to be acquired under the said Act and the said Act shall apply accordingly.

84. Vesting of pillars, poles, etc., in Minister.

84.—(1)No pillar, pole, stand, or other structure erected by the Minister under the provisions of the Shannon Electricity Act, 1925 (No. 26 of 1925) or by a contractor acting under an order of the Minister under that Act on any land not acquired by the Minister under the said Act for the purpose of supporting any wire, transformer, or other machinery for or in relation to the transmission of electricity shall vest in the owner of such land, and every such pillar, pole, stand, or other structure so erected as aforesaid shall be and remain the property of the Minister.

(2)The Minister and also the Board may at all reasonable times enter upon any such land as aforesaid for the purpose of renewing, repairing, or otherwise maintaining any such pillar, pole, stand, or other structure as aforesaid and there do all such matters or things as in the opinion of the Minister or the Board (as the case may be) are necessary for or incidental to such maintenance.

85. Provisions as to certain lands acquired under the Shannon Electricity Act, 1925.

85.—(1)Whenever the Minister in pursuance of the powers conferred on him by sub-section (2) of section 4 of the Shannon Electricity Act, 1925 (No. 26 of 1925) proposes to acquire permanently and enters upon any holding of tenanted lands to which the Land Act, 1923 (No. 42 of 1923) applies the Minister shall become liable to the Land Commission for the payment in lieu of rent payable in respect of such holding in like manner as if such holding had been assigned to the Minister by the tenant thereof on the day of the Minister's entry thereon.

(2)Whenever the Minister in pursuance of the powers aforesaid proposes to acquire permanently and enters upon part only of a holding of tenanted lands to which the Land Act, 1923 applies the rent, compounded arrears of rent, payment in lieu of rent, and the standard purchase annuity shall be apportioned in such manner as the Land Commission considers expedient, and the several parts of such holding shall be deemed to be separate holdings to which the Land Act, 1923 applies, and in the case of a judicial holding the several proportionate parts of the original judicial rent shall be deemed to be separate judicial rents, and the Minister shall become liable to the Land Commission for so much of the payment in lieu of rent payable in respect of the entire holding as has been apportioned in respect of the part thereof taken by him in like manner as if such part had been assigned to the Minister by the tenant thereof on the day of the Minister's entry thereon.

(3)Whenever the Minister in pursuance of the powers aforesaid proposes to acquire permanently and enters upon any lands which are subject, either alone or in conjunction with other lands, to any annuity payable to the Land Commission he shall become liable for the payment of the annuity or such part thereof as shall be apportioned by the Land Commission in respect of the lands taken by him in like manner as if such lands had been transferred to the Minister by the proprietor thereof on the day of the Minister's entry thereon.

(4)The Minister, if he thinks fit so to do, may purchase from the Land Commission any lands the subject of a holding or part of a holding—

(a)to which the Land Act, 1923 applies, and

(b)the tenant's interest in which has been or is acquired by the Minister whether before or after the passing of this Act in pursuance of the powers in that behalf conferred on him by the Shannon Electricity Act, 1925,

in like manner in all respects as if the Minister were the tenant thereof.

(5)For the purposes of any such purchase as aforesaid the following provisions shall, notwithstanding anything contained in the Shannon Electricity Act, 1925 (No. 26 of 1925), have effect, that is to say:—

(a)the relations existing between the Land Commission and the owner of the lowest interest in such lands constituting an interest saleable under the Land Purchase Acts shall continue,

(b)such lands shall vest in the Land Commission on the appointed day,

(c)the rights of the owner of such lands in respect of the sum equivalent to the amount to be collected as payment in lieu of rent and in respect of the purchase money shall continue.

86. Exemption from stamp duty.

86.—F32[…]

PART V. Miscellaneous and General.

87. Number of arbitrators.

87.—Any matter or thing which is by this Act or any order or regulation made thereunder directed to be determined by an arbitrator appointed by the Minister shall be determined by one such arbitrator or such greater number of arbitrators as the Minister shall in regard to each such matter direct, and whenever the Minister directs that any such matter shall be determined by a greater number of arbitrators than one all references in this Act to the appointment of an arbitrator by the Minister or to the arbitrator so appointed shall in relation to such matter be construed as references to such appointment of such number of arbitrators or to such number of arbitrators so appointed.

88. Appointment of arbitrators by the Minister.

88.—(1)The Minister may after consultation with the Attorney-General appoint a fit and proper person to be an arbitrator to determine any matter which is by this Act or any order or regulation made thereunder directed to be determined by an arbitrator appointed by the Minister.

(2)There shall be paid to every arbitrator appointed under this Act such fee in respect of every arbitration held by him under this Act as shall be determined by the Minister with the approval of the Minister for Finance and such fee shall be paid by such party to such arbitration or by the parties to such arbitration in such proportions as the arbitrator in his award shall determine.

(3)Every arbitrator appointed under this Act shall have power by notice in writing signed by him to summon witnesses and to require the production of books and other documents, and any person so summoned who fails to attend or refuses to give evidence before such arbitrator and any person who fails or refuses to produce any book or other document the production of which is so required of him shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

(4)All evidence given before an arbitrator appointed under this Act shall be given on oath which oath such arbitrator is hereby empowered to administer, and any person who gives false evidence before any such arbitrator shall be guilty of perjury and punishable accordingly.

(5)An arbitrator appointed under this Act shall have power in his discretion to award to any party to the arbitration his costs and expenses in relation to the arbitration or any part thereof to be paid to him by any other party to such arbitration, and whenever any such arbitrator so awards any such costs or expenses he shall have power to fix the amount of the costs and expenses so awarded.

(6)An arbitrator appointed under this Act shall have power to adjourn the arbitration as he thinks fit and shall also have power to inspect and examine and for that purpose to enter upon any lands and premises the subject of the arbitration or in relation to which the arbitration is held.

89. Contributions to certain associations.

89.—(1)The Board and also any authorised undertaker with the consent of the Board may contribute such sums as (in the case of the Board) the Board and (in the case of an authorised undertaker) such authorised undertaker thinks fit to any associations of persons engaged in the generation, supply, or distribution of electricity founded for the promotion of their mutual interests and to any societies formed for the promotion and encouragement of the development and use of electricity and for the improvement of knowledge and education in respect of electricity.

(2)The Board and also any authorised undertaker with the consent of the Board may pay the reasonable expenses of the attendance at any conference or meeting of any such association as aforesaid of (in the case of the Board) any member, officer or servant of the Board and (in the case of an authorised undertaker) of any person appointed by such undertaker to be his representative at such conference or meeting.

90. Stand-by supplies.

90.—(1)Notwithstanding anything in this Act or in any other Act or any order made under any such Act, a person shall not be entitled to demand or continue to receive for the purposes of a stand-by supply only from the Board or an authorised undertaker a supply of electricity for any premises having a separate supply of electricity or a supply (in use or ready for use for the purposes for which the stand-by supply of electricity is required) of gas, steam or other form of energy unless he has agreed with the Board or such authorised undertaker (as the case may be) to pay such minimum annual sum to be determined (in case of any dispute or question) in the manner hereinafter mentioned as will give to the Board or the authorised undertaker (as the case may be) a reasonable return on the capital expenditure incurred in providing such stand-by supply and cover other standing charges incurred in order to meet the possible maximum demand for those premises.

(2)If any dispute or question arises between any person and an authorised undertaker as to the amount of such minimum annual sum as aforesaid such dispute or question shall be determined by the Board and if any such dispute or question arises between any person and the Board such dispute or question shall be determined by the Minister or, if the Minister so thinks fit, by an arbitrator appointed by him.

91. Use of electric lines, etc., in or across streets or open spaces.

91.—(1)Where in any case previous to the passing of this Act any electric line or other work shall have been constructed in, over, along, across, or under, any street or open space for electrical purposes or shall have been constructed in any other position for such purposes in such a manner as not to be entirely enclosed within any building where any electric line or work so constructed may be used for such purpose, such electric line or work shall be continued and used only in accordance with the regulations prescribed by the Board under this Act for the protection of the public safety and of other electric lines and works lawfully placed in any position.

(2)From and after the passing of this Act it shall not be lawful for any authorised undertaker or other person to commence any such work as is mentioned in the foregoing sub-section without the consent of the Minister before the constitution of the Board and after the constitution of the Board without the consent of the Board.

(3)In case of non-compliance with the provisions of this section, the Board may by notice in writing require the person owning or using or entitled to use such electric line or work to remove the electric line or work.

(4)If any authorised undertaker or other person fails to comply with a notice served upon him by the Board under this section, such authorised undertaker or other person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a penalty not exceeding twenty pounds and any court of summary jurisdiction on complaint made may make an order directing and authorising the removal of any electric line or work specified in such notice by such person and upon such terms as such court thinks fit.

(5)Where the consent of the Board is obtained to the placing of any electric line above ground the consent of the local authority shall not be required, anything in this or any other Act or in any Provisional Order or special Act relating to the undertaking to the contrary notwithstanding, but the Board before giving its consent shall give the local authority an opportunity of being heard.

92. Use of electricity supplied to railway company, etc.

92.—Notwithstanding anything contained in any Act or Order, electricity supplied by an authorised undertaker within his district to any company or authority being the owners or lessees of a railway, tramway, dock, harbour, or canal undertaking may be used by the company or authority receiving the supply for the purposes of haulage or traction or for lighting vehicles or vessels used on the railway, tramway, dock, harbour, or canal or any part thereof, or, subject to the consent of the Board for lighting any of the premises thereof.

93. Prevention of preferential treatment.

93.—Where a supply of electricity is provided in any part of an area for private purposes, then, except in so far as is otherwise provided by the terms of the order or special Act authorising such supply, every person within that part of the area shall, on application, be entitled to a supply on the same terms on which any other person in such part of the area is entitled under similar circumstances to a corresponding supply.

94. Notice to be given to undertakers before removing.

94.—(1)Twenty-four hours' notice in writing shall be given to the authorised undertaker by every consumer before he quits any premises supplied with electricity by the authorised undertaker, and, in default of such notice, the consumer so quitting shall be liable to pay to the authorised undertaker the money accruing due in respect of such supply up to the next usual period for ascertaining the register of the meter on such premises or the date from which any subsequent occupier of such premises may require the authorised undertaker to supply electrical energy to such premises, whichever shall first occur.

(2)Notice to the effect of this section shall be given to every consumer in one or more of the following ways, that is to say:—

(a)by including such notice in every agreement entered into with a consumer, or

(b)by specially serving such notice on every consumer, or

(c)by endorsing such notice on every demand note for charges for electricity.

95. Exemption of agreements for the supply of electricity from stamp duty.

95.—Electricity shall be deemed to be goods, wares, or merchandise for the purpose of F33[section 31 of the Stamp Duties Consolidation Act 1999] (which makes certain contracts chargeable with stamp duty as conveyances on sale) F34[…].

96. Exemption of Shannon works from rates.

96.—F35[…]

97. Power to carry out agreements.

97.—Whenever any authorised undertaker is authorised by or under this Act to enter into an agreement or arrangement with any other authorised undertaker or any other person for any purpose, it shall, subject to the provisions of this Act, be lawful for such authorised undertaker or other person to enter into and carry into effect such agreement or arrangement.

98. F36[Lopping of trees by Board, an authorised undertaker or holder of an authorisation.

98.—(1)The Board, an authorised undertaker or a holder of an authorisation under section 16 of the Electricity Regulation Act 1999, or holder of a direct line permission under section 37 of the Electricity Regulation Act 1999, as the case may be, may, taking due care and attention to avoid unneccessary damage, lop or cut any tree, shrub or hedge which obstructs or interferes with any electrical wires of the Board or of such authorised undertaker or holder of an authorisation under section 16 of the Electricity Regulation Act 1999, or holder of a direct line permission under section 37 of the Electricity Regulation Act 1999, as the case may be, or with the erection or laying of any such electrical wires or with the survey of the proposed route of any transmission or distribution lines of the Board or of such authorised undertaker or of any electric wire of a holder of an authorisation under section 16 of the Electricity Regulation Act 1999, or holder of a direct line permission under section 37 of the Electricity Regulation Act 1999.

(2)Before lopping or cutting any tree, shrub or hedge under this section the Board or an authorised undertaker or a holder of an authorisation under section 16 of the Electricity Regulation Act 1999, or holder of a direct line permission under section 37 of the Electricity Regulation Act 1999, as the case may be, shall give to the occupier of the land or in the case of a road or street to the local authority charged with the maintenance of such road or street on which such tree, shrub or hedge is standing, seven days notice of its intention to lop or cut the same and such occupier or local authority may if he or it, as the case may be, so desires and so informs the Board or such authorised undertaker or holder of an authorisation, as the case may be, within seven days himself or itself carry out such lopping or cutting.

(3)When the occupier of land cuts or lops any tree, shrub or hedge under this section the expense incurred by him in so doing shall be paid to him on demand by the Board or such authorised undertaker or holder of an authorisation under section 16 of the Electricity Regulation Act 1999, or holder of a direct line permission under section 37 of the Electricity Regulation Act 1999, as the case may be, and the amount of such expenses shall, in default of agreement, be fixed by an arbitrator appointed by the Commission for Electricity Regulation established under section 8 of the Electricity Regulation Act 1999.]

99. Power to cut off supply.

99.—If any person neglects to pay any charge for electricity or any other sum due from him to the Board or to an authorised undertaker in respect of the supply of electricity to him, the Board or such authorised undertaker (as the case may be) may cut off such supply, and for that purpose may cut or disconnect any electric line or other work through which electricity may be supplied, and may, until such charge or other sum together with any expenses incurred by the Board or by such authorised undertaker in cutting off such supply of electricity as aforesaid are fully paid, but no longer discontinue the supply of electricity to such person.

100. Expenses of certain necessary alterations.

100.—If any person does any matter or thing which such person is by or under any statute authorised to do and which necessitates an alteration in any part of any transmission system or of any distribution system for the time being vested in the Board, the Board shall make such alteration, and the expenses incurred by the Board in making such alteration shall be paid to the Board by such person as aforesaid, and the amount of such expenses so to be paid shall, in default of agreement, be fixed by an arbitrator appointed by the Minister.

101. Erection, etc., of aerials.

101.—It shall not be lawful for any person to erect or have or maintain any aerial for the transmission and reception or the transmission or the reception only of messages or other communications by wireless telegraphy in any place or position prohibited by the regulations made by the Board under this Act in relation to the erection and maintenance of such aerials.

102. Extension of time for construction of electrical works.

102.—(1)Notwithstanding anything contained in any special Act or any provisional or other order in force at the date of the passing of this Act fixing a period of time for the completion of any electrical works specified in such Act or order the Board may by an order under this section—

(a)extend the time mentioned in such Act or order for the completion of such works for such further period as shall be specified in that behalf by the Board in such order, and

(b)may by the same or any subsequent order direct that the works to which such order relates be carried out subject to the alterations (whether by way of variation, addition, or omission) specified in such order.

(2)The special Act or provisional or other order to which an order made by the Board under this section relates shall when such order is made by the Board have effect subject to the provisions of such order.

103. Authorised gas undertakers.

103.—(1)In this section the expression “authorised gas undertaker” means a person who is for the time being authorised by any local or personal Act of the United Kingdom Parliament or any private Act of the Oireachtas or any provisional or other order made under statutory authority (whether before or after the establishment of Saorstát Eireann) to supply gas to the public in any specified area and by virtue of such Act or Order has for the time being the right of so supplying gas in such area, and the expression “area of gas supply” means an area within which an authorised gas undertaker is for the time being so authorised to supply gas to the public and has for the time being the right of so supplying gas.

(2)An authorised gas undertaker may with the consent of the Minister and notwithstanding anything to the contrary contained in the Act or order constituting him to be such undertaker, become an authorised undertaker under this Act and whenever the Board constitutes an authorised gas undertaker to be an authorised undertaker the Board may with the consent of the Minister and, if so required by the Minister, shall insert in the special order effecting such constitution such special provisions, limitations, and conditions (including the keeping of separate accounts) as it thinks proper or (as the case may be) as the Minister may require and in particular may with the like consent by such special order authorise such undertaker to employ his funds and to raise capital and borrow money for the purposes of the electricity undertaking authorised by such order and, may prescribe an area of supply either co-extensive with or greater or less than the area of gas supply of such undertaker.

(3)An authorised gas undertaker may with the consent of the Minister expend his funds in applying to the Board for a special order constituting him to be an authorised undertaker in doing all such things as may be reasonably necessary for or incidental to the obtaining or endeavouring to obtain such order.

104. Relief of gas undertaker from obligation to supply gas.

104.—(1)Where any gas undertaker is authorised by any special Act, Provisional or other Order or licence to supply gas in any area which is included in the area of supply of an authorised undertaker, and such gas undertaker is by virtue of such Act, Order, or licence under any general or limited obligation to supply gas upon demand, the Minister may, upon the application of such gas undertaker, inquire into the circumstances of the case, and if he is satisfied that any specified part of such area is sufficiently supplied with electricity, and that the supply of gas in such specified part has ceased to be remunerative to the said gas undertaker and that it is just that the said gas undertaker should be relieved from the obligation to supply gas upon demand as aforesaid, the Minister may in his discretion make an order relieving the said gas undertaker from such obligation within such specified part of such area either wholly or in part, and upon such terms and conditions as he thinks proper.

(2)From and after the date of an order under this section, the gas undertaker to whom the order relates shall, within such area, to the extent, and upon the terms and conditions specified in the order, be relieved from the said obligation to supply gas upon demand.

(3)All expenses incurred by the Minister in connection with the making of an order under this section, or in connection with any inquiry in relation to the making of such an order (whether an order is actually made or not) shall be borne and paid by the gas undertaker upon whose application the inquiry or order was made.

105. Transfer to the Board of certain functions of the Commissioners of Public Works.

105.—(1)The Executive Council may by order transfer from the Minister or the Commissioners of Public Works in Ireland (in this section referred to as the Commissioners) respectively to the Board all or any of the functions, powers, and duties conferred or imposed by or under any statute on the Minister or the Commissioners (as the case may be) in relation to the care or conservancy of the navigation or the drainage of the River Shannon or any tributary thereof or of works constructed for the improvement of such navigation or drainage, and any such order may transfer all or any of such functions powers, and duties in relation either to the whole or to any particular parts or part of the said River or any tributary thereof.

(2)Where by reason of the existence of the Shannon works it is impracticable for the Commissioners to exercise the functions and powers or perform the duties conferred or imposed on them by any such statute as aforesaid in accordance with the provisions of such statute the Commissioners shall exercise such functions and powers and perform such duties as nearly as may be practicable, having regard to the existence of the said works, in accordance with the provisions of such statute, and upon an order being made by the Executive Council under this section transferring all or any of such functions, powers and duties to the Board, the Board shall exercise the functions and powers and perform the duties to which such order relates as nearly as may be practicable, having regard to the existence of the said works, in accordance with the provisions of such statute.

(3)Whenever any functions, powers, or duties are transferred to the Board by an order under this section the Executive Council may by the same or any subsequent order authorise and require the Board to exercise and perform all or any of such functions, powers, and duties in relation to all or any of the canals, locks, wharves, piers, landing places, quays, or other works constructed by the Minister under the Shannon Electricity Act, 1925 (No. 26 of 1925), and upon such order being made the works to which such order relates shall be deemed to be included in the works in relation to which such functions, powers, and duties are exercisable by virtue of the statute by which the same were created and such statute (with such modifications, if any, as are specified in such order) shall be construed and have effect accordingly.

(4)Whenever any functions, powers, or duties are transferred from the Commissioners to the Board by an order under this section the Executive Council may by the same or any subsequent order transfer to and vest in the Board all or any of the locks, lock-houses, eel-weirs, or other property which immediately before the date of such order were vested in the Commissioners and were used by them either for the purpose of or in connection with the exercise or performance of the functions, powers, or duties so transferred or for the purpose of providing revenue for the exercise or performance of such functions, powers, or duties.

(5)Whenever any functions, powers, or duties are transferred from the Commissioners to the Board by an order under this section the Executive Council may by the same or any subsequent order transfer from the service of the Commissioners to the service of the Board any person employed by the Commissioners in relation to or for the purpose of the exercise or performance of such functions, powers, or duties, and every person so transferred shall thereupon become and be a servant of the Board upon the same terms as to remuneration and superannuation, pension or gratuity (if any) as those on which he was employed by the Commissioners immediately before such transfer and shall for the purpose of such superannuation, pension or gratuity (if any) be entitled to reckon his period of service with the Commissioners as service with the Board.

(6)Whenever any functions, powers, or duties are transferred from the Commissioners to the Board by an order under this section the Executive Council may by the same or any subsequent order impose on the Board the obligation to pay as from the date of such order any pension which at the date of such order is payable by the Commissioners to a person formerly employed by the Commissioners in relation to or for the purpose of the exercise or performance of such functions, powers, and duties, and thereupon the Board shall become and be liable to indemnify the Commissioners against all and every liability in respect of such pension as from the date of such order.

(7)An order made by the Executive Council under this section transferring any functions, powers or duties from the Commissioners to the Board may be expressed and if so expressed shall operate to require the Board to keep a separate account in relation to the exercise by it of the functions and powers and the performance by it of the duties to which such order relates and may be expressed and if so expressed shall operate to require that the functions, powers and duties to which such order relates be exercised and performed by officers and servants of the Board employed by it solely in relation to such functions, powers and duties.

(8)No order made under this section shall come into operation until it has been laid before each House of the Oireachtas and has been approved by resolution of each such House.

106. Prohibition of navigation in the River Shannon at certain periods.

106.—(1)At any time before the handing over of the Shannon works to the Board under this Act is completed, the Minister, notwithstanding any enactment declaring the River Shannon to be a public navigable river, may by order, if the Minister sees fit so to do for the purposes of the operation of the Shannon works or of the doing of any matter or thing which the Minister is authorised to do by the Shannon Electricity Act, 1925 (No. 26 of 1925), prohibit navigation in or upon the River Shannon or any particular part thereof specified in such order for the period of time specified in that behalf in such order.

(2)Where as a result of an order made by the Minister under the foregoing sub-section prohibiting navigation in or upon the River Shannon or any particular part thereof any water-right, fishing right, or other right existing in respect of the River Shannon or the part thereof to which such order relates is terminated, restricted or otherwise interfered with, the termination, restriction or interference of such water-right, fishing right or other right shall for the purposes of sub-section (1) of section 4 of the Shannon Electricity Act, 1925 (No. 26 of 1925) be deemed to be authorised by that Act and the said Act shall apply accordingly.

(3)When the handing over of the Shannon works to the Board under this Act is completed the Board, notwithstanding any such enactment as aforesaid, may by order, for the purposes of the operation of the Shannon works or of the exercise of any of the powers or the performance of any of the duties or functions conferred and imposed on the Board by or under this Act prohibit navigation in or upon the River Shannon or any particular part thereof specified in such order for such limited period of time specified in that behalf in such order as may be required by the Board for the purposes aforesaid.

(4)Every order made under this section shall operate and be expressed to prohibit the passage of any person with any boat, barge, lighter or other vessel in or upon the waters of the River Shannon or the part thereof specified in that behalf in such order during the period of time specified in that behalf in such order.

(5)Every person who contravenes the provisions of an order made under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.

107. Transfer of powers, etc., under Weights and Measures Acts.

107.—F37[…]

108. Inspection of apparatus.

108.—(1)Any officer appointed by the Board or an authorised undertaker may at all reasonable times do all or any of the following things on any premises to which electricity is or has been supplied by the Board or such authorised undertaker (as the case may be) that is to say:—

(a)inspect the electric lines, meters, accumulators, fittings, works, and other apparatus for the supply of electricity belonging to the Board or such authorised undertaker, or connected directly or indirectly to any apparatus for the supply of electricity belonging to the Board or such authorised undertaker,

(b)ascertain the quantity of electricity consumed or supplied on those premises,

(c)when lawfully entitled so to do, cut off the supply of electricity from those premises,

(d)when lawfully entitled so to do, remove any electric lines, accumulators, fittings, works, or apparatus belonging to the Board or such authorised undertaker.

(2)Any such officer as aforesaid may at all reasonable times enter any premises to which electricity is or has been supplied by the Board or such authorised undertaker (as the case may be) for the purpose of doing any thing which he is authorised by this section to do on those premises.

(3)Whenever an officer of the Board or of an authorised undertaker exercises any of the powers conferred by this section, the Board or such authorised undertaker (as the case may be) shall repair all damage caused by the exercise of such powers.

109. Prohibition of discharge of corrosive matter into River Shannon.

109.—(1)It shall not be lawful for any person, save with the permission in writing of the Board and in accordance with the conditions as to time, place, and manner stated in such permission, to deposit, discharge, or allow to escape directly or indirectly from any premises or place or any vessel in or into the River Shannon or in or into any canal or other artificial waterway constructed under the Shannon Electricity Act, 1925 (No. 26 of 1925) any chemical or other substance (whether solid or liquid) of a nature calculated to corrode, erode, entangle, stop, break, or otherwise injure the Shannon works or any part thereof.

(2)Every person who deposits, discharges, or allows to escape directly or indirectly in or into the River Shannon or any such canal or artificial waterway as aforesaid any chemical or other substance (whether solid or liquid) in contravention of this section and the owner of the premises or place or the master and also the owner of the vessel from which such substance is so deposited, discharged, or allowed to escape shall be guilty of an offence under this section, and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds, together with, in the case of a continuing offence, a fine not exceeding twenty pounds for every day on which the offence continues.

(3)In this section the expression “the River Shannon” does not include any part of that river below Parteen Villa but does include every tributary of that River entering it above Parteen Villa and every lake, pond, canal, or artificial waterway on or communicating directly or indirectly with the River Shannon above Parteen Villa.

110. Application to electricity of section 4 of the Conspiracy and Protection of Property Act, 1875.

110.—Section 4 of the Conspiracy and Protection of Property Act, 1875 (which relates to breaches of contract by persons employed in the supply of gas or water), shall extend to persons employed by the Board or by any authorised undertaker or permitted undertaker in like manner as it applies to persons mentioned in that section, with the substitution of references to electricity for the references to gas or water.

111. Penalty for malicious injury.

111.—Any person who unlawfully and maliciously cuts or injures any electric line or work with intent to cut off or diminish any supply of electricity shall be guilty of felony, and be liable to be kept in penal servitude for any term not exceeding five years, or to be imprisoned with or without hard labour for any term not exceeding two years.

112. Saving of rights, etc., of Minister for Posts and Telegraphs.

112.—Nothing in this Act shall deprive the F38[Bord Telecom Éireann] of any rights and remedies under the existing Telegraph Acts or any statutory adaptation thereof or substitution therefor made by or under the authority of the Oireachtas.

113. Repeals.

113.—The several Acts specified in the Second Schedule to this Act are hereby repealed to the extent mentioned in the third column of that Schedule.

114. Short title.

114.—This Act may be cited as the Electricity (Supply) Act, 1927.