ELECTRICITY (SUPPLY) (AMENDMENT) ACT, 1935

AN ACT TO AMEND AND EXTEND, WITH RETROSPECTIVE EFFECT, SECTIONS 51, 52, AND 53 OF THE ELECTRICITY (SUPPLY) ACT, 1927. [7th June, 1935.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

1 Definitions.

1.—In this Act—

the expression “the Principal Act” means the Electricity (Supply) Act, 1927 (No. 27 of 1927);

the expression “the Board” means the Electricity Supply Board.

2 Amendment of section 51 of the Principal Act.

2.—(1) The power conferred on the Board by sub-section (1) of section 51 of the Principal Act to lay lines for the transmission and lines for the distribution of electricity along or across any street, road, railway, or tramway shall include and be deemed always to have included power to lay such lines above ground at any height and also power to erect, in or on any such street, road, railway, or tramway, such posts, poles, and other erections as the Board shall consider to be necessary or proper for carrying or supporting any such line so laid, and the power conferred on the Board by the said sub-section to break up any street, road, railway, or tramway shall include and be deemed always to have included power to break up any street, road, railway, or tramway for the purpose of erecting therein or thereon such posts, poles and other erections as aforesaid.

• (2) The power conferred on the Board by sub-section (2) of section 51 of the Principal Act to confer on any authorised undertaker power to lay electric lines along or across any street, road, railway or tramway shall include and be deemed always to have included power to confer on any authorised undertaker a like power to lay such lines above ground at any height and also a like power to erect, in or on any such street, road, railway, or tramway, such posts, poles, and other erections as such authorised undertaker shall consider to be necessary or proper for carrying or supporting any such line so laid, and power to break up such street, road, railway, or tramway for the purpose of erecting any such post, pole, or other erection.

• (3) Where legal proceedings in respect of a post, pole, or other erection, the erection of which is rendered lawful by this section, were instituted against the Board before the 11th day of April, 1935, and are pending (whether in a court of first instance or a court having appellate jurisdiction in respect of such proceedings) at the passing of this Act, the foregoing sub-sections of this section shall be deemed, for the purpose of such proceedings, not to apply or have effect in respect of such post, pole, or other erection, and the said proceedings shall be determined as if the said sub-sections had not been enacted.

3 Amendment of section 52 of the Principal Act.

3.—(1) Section 52 of the Principal Act shall be construed and have effect and be deemed always to have had effect as if the word “road” included a street.

• (2) No action taken or order made by the Board under section 52 of the Principal Act before the passing of this Act which is rendered legal solely by virtue of the amendment of the said section 52 effected by this section shall be invalidated by reason merely of the omission of such previous consultation by the Board with the local authority as is required by the relevant sub-section of the said section 52 as so amended.

4 Amendment of section 53 of the Principal Act.

4.—Sub-section (2) of section 53 of the Principal Act shall apply and be deemed always to have applied to any electric line whatsoever and to any electric apparatus whatsoever, including, in particular, any electric line laid above ground along or across any street, road, railway, or tramway and any electric apparatus forming part of or connected with any electric line so laid.

5 Short title and citation.

5.—(1) This Act may be cited as the Electricity (Supply) (Amendment) Act, 1935.

• (2) The Electricity (Supply) Acts, 1927 to 1934, and this Act may be cited together as the Electricity (Supply) Acts, 1927 to 1935.