Electricity Act 1989

• (b) payments of interest on what is outstanding for the time being in respect of sums so paid out at such rate as the Secretary of State may so direct;

and the approval of the Treasury shall be required for the giving of a direction under this sub-paragraph.

• (5) Any sums received under sub-paragraph (4) above by the Secretary of State shall be paid into the Consolidated Fund.

3A

The Secretary of State shall not—

• (a) make any grant or loan under this Schedule for the purpose of meeting any expenditure, or

• (b) give any guarantee in respect of borrowing undertaken for the purpose of meeting any expenditure,

if the expenditure is expenditure on anything for which the Nuclear Decommissioning Authority has a financial responsibility under section 21 of the Energy Act 2004.

Financial limits

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

5

In this Schedule “qualifying expenditure” has the meaning given by paragraph 1(1) above.

SCHEDULE 13 — Production and Supply of Heat or Electricity etc. by Scottish Local Authorities

In the Local Government (Scotland) Act 1973, the following provisions shall be inserted after section 170—

(170A) (1) Subject to subsections (2) and (3) of this section, a local authority may— (a) produce heat or electricity or both; (b) establish and operate such generating stations and other installations as the authority think fit for the purpose of producing heat or electricity or both; (c) buy or otherwise acquire heat; (d) use, sell or otherwise dispose of heat produced or acquired, or electricity produced, by the authority by virtue of this section; (e) without prejudice to the generality of the preceding paragraph, enter into and carry out agreements for the supply by the authority, to premises within or outside the authority’s area, of such heat as is mentioned in the preceding paragraphs and steam produced from and air and water heated by such heat. (2) Nothing in subsection (1) of this section shall be construed as exempting a local authority from the requirements of Part I of the Electricity Act 1989. (3) Except in such cases as may be prescribed, a local authority shall not be entitled to sell electricity which is produced otherwise than in association with heat. (4) A local authority may— (a) construct, lay and maintain pipes and associated works for the purpose of conveying heat produced or acquired by the authority by virtue of this section and steam produced from and air and water heated by such heat; (b) contribute towards the cost incurred by another person in providing or maintaining pipes or associated works which are connected with pipes provided by the authority in pursuance of the preceding paragraph. (5) Parts I and II of Schedule 3 to the Water (Scotland) Act 1980 (which relate to the breaking open of roads and the laying of communication and supply pipes etc.) shall apply in relation to pipes and associated works provided or to be provided in pursuance of paragraph (a) of the preceding subsection as those Parts apply in relation to water mains and pipes but as if— (a) in paragraph 1 of that Schedule the words “which they are authorised to lay” were omitted; (b) for the reference to the special Act in paragraph 2(3) of that Schedule there were substituted a reference to this subsection; (c) for any reference to a water authority or a water development board there were substituted a reference to the local authority in question, whether acting alone or jointly with some other person; and (d) for any reference to the limits of supply or area of a water authority or a water development board there were substituted a reference to the area of the local authority. (6) It shall be the duty of a local authority by whom an installation for producing heat is operated in pursuance of this section in any financial year to furnish to the Secretary of State, as soon as practicable after the end of that year, such particulars relating to the installation and heat produced at the installation as are prescribed. (7) In this section “associated works”, in relation to pipes, means any of the following connected with the pipes, namely, any valve, filter, stopcock, pump, meter, inspection chamber and manhole and such other works as are prescribed. (8) Nothing in this section (except the restrictions imposed by subsection (3)) shall be construed as prejudicing any power exercisable by a local authority apart from this section. (9) Regulations under subsection (3) of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament. (170B) (1) A local authority who supply or propose to supply heat, hot air, hot water or steam in pursuance of the preceding section may make byelaws— (a) with respect to the works and apparatus to be provided or used by persons other than the authority in connection with the supply; (b) for preventing waste and unauthorised use of the supply and unauthorised interference with works and apparatus used by the authority or any other person in connection with the supply; (c) providing for any specified contravention of the byelaws to be an offence punishable on summary conviction with a fine of such an amount, not exceeding level 3 on the standard scale, as is specified in the byelaws. (2) Subsections (1) to (7) of section 38 of the Water (Scotland) Act 1980 (which relates to the entry of premises by authorised officers of water authorities or water development boards) shall have effect for the purpose of authorising the entry of premises by authorised officers of a local authority who provide or propose to provide such a supply as is mentioned in the preceding subsection as if for any reference to water authorities or water development boards there were substituted a reference to the local authority and as if in subsection (1) of that section— (a) for paragraph (a) there were substituted the following paragraph— “(a) for the purpose of installing, examining, adjusting, removing or reading any meter used or to be used by the local authority for measuring the heat, hot air, hot water or steam supplied or to be supplied by that authority;” (b) for the words from “this Act” onwards in paragraph (b) there were substituted the words “byelaws in force by virtue of section 170B of the Local Government (Scotland) Act 1973”; and (c) for the words “this Act” in paragraphs (c) and (d) there were substituted the words “section 170A of that Act”. (3) Regulations may repeal or alter subsection (1) of this section or any provision of byelaws in force by virtue of that subsection and may make any modification of the preceding subsection which the Secretary of State considers is appropriate in consequence of the repeal or alteration. (4) An instrument containing regulations under subsection (3) of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament. (5) Section 80 of the Health and Safety at Work etc. Act 1974 (which among other things provides that regulations under subsection (1) of that section may repeal or modify any provision to which that subsection applies if it appears to the authority making the regulations that it is expedient to do so in consequence of any provision made by or under Part I of that Act) shall have effect as if the provisions to which subsection (1) of that section applies included subsection (1) of this section and byelaws in force by virtue of subsection (1) of this section. (6) The accounts of a local authority by whom expenditure is incurred under any of the provisions of the preceding section and this section shall include a separate account of that expenditure and of any income connected with functions conferred on the authority by those provisions.

SCHEDULE 14 — The Electricity Supply Pension Scheme

Power to amend scheme

1

• (1) The Secretary of State may make regulations amending the Electricity Supply Pension Scheme (in this Schedule referred to as “the scheme”) for any of the following purposes, namely—

• (a) for enabling the following persons to participate in or acquire pension rights under the scheme on such terms and conditions as may be prescribed, namely—

• (i) members and former members of existing bodies;

• (ii) officers and former officers of the Electricity Consumers’ Council; and

• (iii) persons (other than successor companies) whose participation in the scheme will not prejudice its registration or approval for the purposes of the relevant enactments, and employees of such persons;

• (b) for requiring any persons (including persons not participating in the scheme) to make payments to the trustees of the scheme in such circumstances as may be prescribed;

• (c) for requiring or enabling any functions exercisable under the scheme by existing bodies to be exercisable by such persons, and in such circumstances, as may be prescribed;

• (d) for enabling the scheme to be wound up (in whole or in part) in such circumstances as may be prescribed; and

• (e) for securing that the scheme continues to be registered or approved for the purposes of the relevant enactments, notwithstanding the transfers made by this Act and the repeal by this Act of section 54 of the Electricity Act 1947.

• (2) Regulations under this paragraph may make such supplemental, consequential and transitional provision as the Secretary of State considers appropriate.

• (3) Regulations under this paragraph may be made so as to have effect from a date prior to their making, so however that so much of any regulations as provides that any provision of regulations shall have effect from a date prior to their making shall not place any person other than existing bodies or Scottish Boards, or their successor companies, in a worse position than he would have been in if the regulations had been made to have effect only from the date of their making.

• (4) Regulations under this paragraph shall not be made at any time after any supply or generating company has ceased to be wholly owned by the Crown.

Protection for certain persons

2

• (1) The Secretary of State may make regulations for the purpose of securing that—

• (a) no person to whom paragraph 3(1) or (2) below applies is placed in any worse position by reason of—

• (i) any winding up, in whole or in part, of a relevant scheme, that is to say, the scheme or any other scheme which is provided or amended in pursuance of the regulations; or

• (ii) any amendment of a relevant scheme which results in benefits under that scheme being reduced, or contributions by employees being increased, and is made otherwise than in such circumstances as may be prescribed;

• (b) no person to whom paragraph 3(1) below applies is prevented from continuing to participate in or acquire pension rights under the scheme by reason of any change of employer—

• (i) which does not affect his continuity of employment and is made otherwise than in such circumstances as may be prescribed; and

• (ii) in the case of which his new employer either is a participant in the scheme or is wholly owned by one or more companies which or each of which is such a participant; and

• (c) no person to whom paragraph 3(1) below applies is placed in any worse position by reason of any change of employer which does not affect his continuity of employment but prevents him from continuing to participate in or acquire pension rights under a relevant scheme;

and the references in paragraphs (a) and (c) above to any worse position shall be construed, in relation to a person to whom paragraph 3(1) below applies who, after the transfer date, ceases to participate in or acquire pension rights under the scheme, as references to a position which is any worse than his position immediately before he so ceases.

• (2) Regulations under this paragraph may impose duties (whether as to the amendment of the scheme, the provision or amendment of other schemes, the purchase of annuities, the making of payments or otherwise) on persons who are or have been employers of persons to whom paragraph 3(1) or (2) below applies; and duties so imposed on any person may include duties owed to persons of whom he is not and has not been an employer.

• (3) Regulations under this paragraph may also provide for any dispute arising under them to be referred to arbitration.

• (4) Sub-paragraphs (2) and (4) of paragraph 1 above shall apply for the purposes of this paragraph as they apply for the purposes of that paragraph.

3

• (1) Subject to sub-paragraph (3) below, this sub-paragraph applies to—

• (a) any existing employee who, immediately before the transfer date, is a participant in the scheme;

• (b) any existing employee who, after that date, participates in the scheme within three months of his attaining the minimum age for such participation;

• (c) any former participant who, after that date, participates in or acquires pension rights under the scheme in such circumstances as may be prescribed by regulations under paragraph 2 above; and

• (d) any person who participates in the scheme in pursuance of regulations made under paragraph 1(1)(a)(i) or (ii) above.

• (2) Subject to sub-paragraph (3) below, this sub-paragraph applies to—

• (a) any person not falling within sub-paragraph (1)(c) above who, immediately before the transfer date, is not a participant in the scheme but has pension rights under the scheme; and

• (b) any person who, after that date, acquires pension rights under a relevant scheme by reason of the death of a person falling within sub-paragraph (1) or paragraph (a) above,

but only as respects the pension rights by virtue of which he falls within paragraph (a) or (b) above.

• (3) Any person to whom sub-paragraph (1) or (2) above applies may elect in such manner as may be prescribed by regulations under paragraph 2 above that that sub-paragraph shall cease to apply to him; and if any person to whom sub-paragraph (1) above applies—

• (a) ceases to be in continuous employment; or

• (b) voluntarily withdraws from a relevant scheme,

otherwise than in such circumstances as may be so prescribed, that sub-paragraph shall cease to apply to him except as respects pension rights which have accrued to him before that time.

4

• (1) Chapter I of Part XIV of the Employment Rights Act 1996 shall apply for the purposes of paragraphs 2 and 3 as if—

• (a) those paragraphs were contained in that Act; and

• (b) in that Schedule “associated employer”, in relation to a company participating in a relevant scheme, included any other company participating in such a scheme and any other company of which a company so participating has control, or two or more companies so participating together have control;

but regulations under paragraph 2 above may provide that no account shall be taken for those purposes of any person ceasing to be in continuous employment for such periods and in such circumstances as may be prescribed by the regulations.

• (2) For the purposes of sub-paragraph (1) above, a company has control, or two or more companies together have control, of another company (“the other company”) if—

• (a) that company, or each of those companies, is a member of the other company and that company controls, or those companies together control, the composition of the other company’s board of directors;

• (b) that company holds, or those companies together hold, more than half in nominal value of the other company’s equity share capital;

• (c) a company of which the company has control, or those companies together have control, has control of the other company; or

• (d) two or more companies of which that company has control, or those companies together have control, together have control of the other company;

and subsections (2) to (4) of section 736 of the Companies Act 1985 (as originally enacted) shall, with any necessary modifications, apply for the purposes of this sub-paragraph as they apply for purposes of subsection (1) of that section.

Interpretation

5

• (1) In this Schedule—

• “Consultative Council” means a Consultative Council established under section 7 of the Electricity Act 1947 for the area of an Area Board;

• “employer”, in relation to a person employed by a company which is a wholly-owned subsidiary of another company, includes that other company;

• “existing body” means any of the following, namely, the Area Boards, the Generating Board and the Electricity Council;

• “existing employee” means any person who, immediately before the transfer date, is employed by an existing body or a Consultative Council, or falls to be treated as employed by an existing body by virtue of regulations made under section 54(4) of the Electricity Act 1947 (service as a member to count as service as an employee);

• “former participant” means any person who, immediately before the transfer date, is not a participant in the scheme but has pension rights under the scheme by virtue of his having been such a participant;

• “pension”, in relation to any person, means a pension of any kind payable to or in respect of him, and includes a lump sum, allowance or gratuity so payable and a return of contributions, with or without interest or any other addition;

• “pension rights”, in relation to any person, includes—all forms of right to or eligibility for the present or future payment of a pension to or in respect of him; andany expectation of the accruer of a pension to or in respect of him;and includes a right of allocation in respect of the present or future payment of a pension;

• “the relevant enactments” means Part 4 of the Finance Act 2004 (pension schemes etc) and Part III of the Pension Schemes Act 1993 (so far as relating to occupational pension schemes within the meaning of that Act);

• “relevant scheme” has the meaning given by paragraph 2(1) above;

• “the scheme” has the meaning given by paragraph 1(1) above;

• “wholly-owned subsidiary” has the same meaning as in the Companies Act 1985.

• (2) For the purposes of this Schedule, a company is wholly owned by one or more other companies if it has no members except—

• (a) that other or those others and its or their nominees; and

• (b) wholly-owned subsidiaries of that other or those others and their nominees.

• (3) Subject to sub-paragraph (1) above, expressions used in this Schedule which are also used in Part I or II of this Act have the same meanings as in that Part.

SCHEDULE 15 — The Scottish Pension Schemes

Power to amend schemes

1

• (1) The Secretary of State may make regulations amending the Hydroboard Superannuation Fund (in this Schedule referred to as “the North Scheme”) and the South of Scotland Electricity Board’s Superannuation Scheme (in this Schedule referred to as “the South Scheme”) for any of the following purposes, namely—

• (a) for enabling members, former members and existing employees of the Scottish Boards to participate in or acquire pension rights under the North Scheme or the South Scheme on such terms and conditions as may be prescribed;

• (b) for requiring any persons to make payments to the trustees of the schemes in such circumstances as may be prescribed;

• (c) for enabling either scheme, or both schemes, to be wound up (in whole or in part) in such circumstances as may be prescribed; and

• (d) for securing that the schemes continue to be registered or approved for the purposes of the relevant enactments notwithstanding the transfers made by this Act and the repeal by this Act of section 37 of the Electricity (Scotland) Act 1979.

• (2) Without prejudice to the generality of paragraph (c) of sub-paragraph (1) above, regulations made for the purposes of that paragraph may require persons not participating in—

• (a) the North Scheme to make payments to the trustees of the North Scheme;

• (b) the South Scheme to make payments to the trustees of the South Scheme.

• (3) Regulations under this paragraph may make such supplemental, consequential and transitional provision as the Secretary of State considers appropriate.

• (4) Regulations under this paragraph may be made so as to have effect from a date prior to their making, so however that so much of any regulations as provides that any provision of regulations shall have effect from a date prior to their making shall not place any person other than the Boards or existing bodies (within the meaning of Schedule 14 to this Act), or their successor companies, in a worse position than he would have been in if the regulations had been made to have effect only from the date of their making.

• (5) Regulations under this paragraph shall not be made at any time after any Scottish electricity company has ceased to be wholly owned by the Crown.

Protection for certain persons

2

• (1) The Secretary of State may make regulations for the purpose of securing that (regardless of which scheme an existing employee of the Scottish Boards is a participant in immediately before the transfer date)—

• (a) no person to whom paragraph 3(1) or (2) below applies is placed in any worse position by reason of—

• (i) any winding up, in whole or in part, of a relevant scheme, that is to say, the North Scheme or the South Scheme or any other scheme which is provided or amended in pursuance of the regulations; or

• (ii) any amendment of a relevant scheme which results in benefits under that scheme being reduced, or contributions by employees being increased, and is made otherwise than in such circumstances as may be prescribed; and

• (b) no person to whom paragraph 3(1) below applies is prevented from continuing to participate in or acquire pension rights under the North Scheme or the South Scheme by reason of any change of employer—

• (i) which does not affect his continuity of employment and is made otherwise than in such circumstances as may be prescribed; and

• (ii) in the case of which his new employer either is a participant in that scheme or is wholly owned by one or more companies which or each of which is such a participant; and

• (c) no person to whom paragraph 3(1) below applies is placed in any worse position by reason of any change of employer which does not affect his continuity of employment but prevents him from continuing to participate in or acquire pension rights under a relevant scheme;

and the references in paragraphs (a) and (c) above to any worse position shall be construed, in relation to a person to whom paragraph 3(1) below applies who, after the transfer date, ceases to participate in or acquire pension rights under the North Scheme or the South Scheme, as references to a position which is any worse than his position, immediately before he so ceases, under whichever of the schemes he is then participating in or last acquired pension rights under.

• (2) Regulations under this paragraph may impose duties (whether as to the amendment of either scheme, the provision or amendment of other schemes, the purchase of annuities, the making of payments or otherwise) on persons who are or have been employers of persons to whom paragraph 3(1) or (2) below applies; and duties so imposed on any person may include duties owed to persons of whom he is not and has not been an employer.

• (3) Regulations made under this paragraph may also provide for any dispute arising under them to be referred to arbitration.

• (4) Sub-paragraphs (3) and (5) of paragraph 1 above shall apply for the purposes of this paragraph as they apply for the purposes of that paragraph.

3

• (1) Subject to sub-paragraph (3) below, this sub-paragraph applies to—

• (a) any—

• (i) existing employee of the Scottish Boards; or

• (ii) existing employee of a Consultative Council,

who, immediately before the transfer date, is a participant in the North Scheme or the South Scheme;

• (b) any existing employee of the Scottish Boards who, after that date, participates in either scheme within three months of his attaining the minimum age for such participation;

• (c) any former participant in either scheme who, after that date, participates in or acquires pension rights under either scheme in such circumstances as may be prescribed by regulations under paragraph 2 above; and

• (d) any person who participates in either scheme in pursuance of regulations made under paragraph 1(1)(a) above.

• (2) Subject to sub-paragraph (3) below, this sub-paragraph applies to—

• (a) any person not falling within sub-paragraph (1)(c) above who, immediately before the transfer date, is not a participant in the North Scheme or the South Scheme but has pension rights under either scheme; and

• (b) any person who, after that date, acquires pension rights under a relevant scheme by reason of the death of a person falling within sub-paragraph (1) or paragraph (a) above,

but only as respects the pension rights by virtue of which he falls within paragraph (a) or (b) above.

• (3) Any person to whom sub-paragraph (1) or (2) above applies may elect in such manner as may be prescribed by regulations under paragraph 2 above that that sub-paragraph shall cease to apply to him; and if, otherwise than in such circumstances as may be so prescribed, any person to whom sub-paragraph (1) above applies—

• (a) ceases to be in continuous employment; or

• (b) voluntarily withdraws from a relevant scheme and does not forthwith—

• (i) become a participant in another such scheme; and

• (ii) transfer to that scheme the pension rights which have accrued to him before that time under the scheme from which he is withdrawing,

that sub-paragraph shall cease to apply to him except as respects pension rights which have so accrued.

4

• (1) Chapter I of Part XIV of the Employment Rights Act 1996 shall apply for the purposes of paragraphs 2 and 3 above as if—

• (a) those paragraphs were contained in that Act; and

• (b) in that Schedule “associated employer”, in relation to a company participating in a relevant scheme, included any other company participating in such a scheme and any other company of which a company so participating has control, or companies so participating together have control;

but regulations under paragraph 2 above may provide that no account shall be taken for the purposes of this paragraph of any person ceasing to be in continuous employment for such periods and in such circumstances as may be prescribed by the regulations.

• (2) For the purposes of sub-paragraph (1) above, a company has control, or two or more companies together have control, of another company (“the other company”) if—

• (a) that company, or each of those companies, is a member of the other company and that company controls, or those companies together control, the composition of the other company’s board of directors;

• (b) that company holds, or those companies together hold, more than half in nominal value of the other company’s equity share capital;

• (c) a company of which that company has control, or those companies together have control, has control of the other company; or

• (d) two or more companies of which that company has control, or those companies together have control, together have control of the other company;

and subsections (2) to (4) of section 736 of the Companies Act 1985 (as originally enacted) shall, with any necessary modifications, apply for the purposes of this sub-paragraph as they apply for purposes of subsection (1) of that section.

Interpretation

5

• (1) In this Schedule—

• “Consultative Council” means a Consultative Council established under section 7A of the Electricity Act 1947 for the district of a Scottish Board;

• “employer”, in relation to a person employed by a company which is a wholly-owned subsidiary of another company, includes that other company;

• “existing employee of a Consultative Council” means any person who, immediately before the transfer date, is employed by a Consultative Council;

• “existing employee of the Scottish Boards” means any person who, immediately before the transfer date, is employed by one or other of those Boards or falls to be treated as so employed by virtue of regulations made under section 54(4) of the Electricity Act 1947 (service as a member to count as service as an employee);

• “former participant” means any person who, immediately before the transfer date, is not a participant in the North Scheme or the South Scheme but has pension rights under one or other (or both) of the schemes by virtue of his having been such a participant;

• “pension”, in relation to any person, means a pension of any kind payable to or in respect of him, and includes a lump sum, allowance or gratuity so payable and a return of contributions, with or without interest or any other addition;

• “pension rights”, in relation to any person, includes—all forms of right to or eligibility for the present or future payment of a pension to or in respect of him; andany expectation of the accruer of a pension to or in respect of him;and includes a right of allocation in respect of the present or future payment of a pension;

• “the relevant enactments” means Part 4 of the Finance Act 2004 (pension schemes etc) and Part III of the Pension Schemes Act 1993 (so far as relating to occupational pension schemes within the meaning of that Act);

• “relevant scheme” has the meaning given by paragraph 2(1) above;

• “wholly-owned subsidiary” has the same meaning as in the Companies Act 1985.

• (2) For the purposes of this Schedule, a company is wholly owned by one or more other companies if it has no members except—

• (a) that other or those others and its or their nominees; and

• (b) wholly-owned subsidiaries of that other or those others and their nominees.

• (3) Subject to sub-paragraph (1) above, expressions used in this Schedule which are also used in Part I or II of this Act have the same meanings as in that Part.

SCHEDULE 16 — Minor and Consequential Amendments

Enactments relating to statutory undertakers etc.

1

• (1) The holder of a licence under section 6(1) of this Act shall be deemed to be a statutory undertaker and his undertaking a statutory undertaking for the purposes of the following enactments, namely—

• (i) section 16 of the Public Health Act 1925;

• (ii) the Public Health Act 1936;

• (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (iv) Schedule 3 to the Water Act 1945;

• (v) section 4 of the Requisitioned Land and War Works Act 1948;

• (vi) the Water Act 1948;

• (vii) the National Parks and Access to the Countryside Act 1949;

• (viii) the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951;

• (ix) the Landlord and Tenant Act 1954;

• (x) the Opencast Coal Act 1958;

• (xi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (xii) section 17(10) of the Public Health Act 1961;

• (xiii) the Pipe-lines Act 1962;

• (xiv) Schedule 3 to the Harbours Act 1964;

• (xv) Schedule 6 to the Gas Act 1965;

• (xvi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (xvii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (xviii) section 50 of the Agriculture Act 1967;

• (xix) section 38 of the Countryside (Scotland) Act 1967;

• (xx) paragraph 6 of Schedule 2 to the Countryside Act 1968;

• (xxi) section 22 of the Sewerage (Scotland) Act 1968;

• (xxii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (xxiii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (xxiv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (xxv) sections 51 . . . of the Land Compensation Act 1973;

• (xxvi) sections 47 . . . of the Land Compensation (Scotland) Act 1973;

• (xxvii) Part III of the Control of Pollution Act 1974;

• (xxviii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (xxix) the Welsh Development Agency Act 1975;

• (xxx) sections 15(3) and 26 of the Local Government (Miscellaneous Provisions) Act 1976;

• (xxxi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (xxxii) section 9(3) of the Inner Urban Areas Act 1978;

• (xxxiii) the Ancient Monuments and Archaeological Areas Act 1979;

• (xxxiv) Part XVI of the Local Government, Planning and Land Act 1980;

• (xxxv) section 53 of the Civil Aviation Act 1982;

• (xxxvi) section 30 of the Local Government (Miscellaneous Provisions) Act 1982;

• (xxxvii) section 120 of the Civic Government (Scotland) Act 1982;

• (xxxviii) section 2(2)(c) of the Cycle Tracks Act 1984;

• (xxxix) the Building Act 1984;

• (xl) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (xli) paragraph 11 of Schedule 8 to the Housing (Scotland) Act 1987.

• (xlii) section 9 of the Enterprise and New Towns (Scotland) Act 1990.

• (2) References in the Landlord and Tenant Act 1927 to a statutory company shall be construed as including references to the holder of a licence under section 6(1) of this Act.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) The references in sections 73(11)(c) and 74(11)(b) of the Highways Act 1980 to electricity undertakers shall be construed as references to the holder of a licence under section 6(1)(a) of this Act.

• (5) The holder of a licence under section 6(1) of this Act shall be deemed to be an excepted undertaker for the purposes of section 6 of the Water Act 1981.

• (6) Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code) (undertakers’ works) shall apply to a licence holder for the purposes of any works carried out by him.

• (7) The reference in section 82(4) of the Building Act 1984 (provisions with respect to demolition orders) to a person authorised by an enactment to carry on an undertaking for the supply of electricity shall be construed as a reference to a licence holder.

• (8) A licence holder shall be deemed to be a public undertaker and his undertaking a public undertaking for the purposes of section 125 of, and paragraphs 9 and 10 of Schedule 8 to, the Housing (Scotland) Act 1987.

2

• (1) A licence holder who is entitled to exercise any power conferred by Schedule 3 or 4 to this Act shall be deemed to be a statutory undertaker for the purposes of section 66 of the Countryside (Scotland) Act 1967 and section 11 of the Countryside Act 1968.

• (2) A licence holder who is entitled to exercise any power conferred by Schedule 3 to this Act shall be deemed to be a statutory undertaker and his undertaking a statutory undertaking for the purposes of the following enactments, namely—

• (a) the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

• (b) the New Towns (Scotland) Act 1968;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) section 120 of the Local Government, Planning and Land Act 1980;

• (f) the New Towns Act 1981;

• (g) the Acquisition of Land Act 1981; and

• (h) sections 47, 48, 49 and 51 of, and Schedule 9 to, the Civil Aviation Act 1982.

• (3) The reference in section 48(6) of the Civil Aviation Act 1982 to an electricity undertaker shall be construed as a reference to a licence holder who is entitled to exercise any power conferred by Schedule 4 to this Act.

• (4) A licence holder who is entitled to exercise any power conferred by paragraph 1 of Schedule 4 to this Act shall be deemed to be a statutory undertaker and his undertaking a statutory undertaking for the purposes of the following enactments, namely—

• (a) section 26 of the Public Health Act 1925;

• (b) section 17(1)(b) of the Requisitioned Land and War Works Act 1945;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) the Highways Act 1980; and

• (e) sections 296 and 611 of the Housing Act 1985.

• (5) References in the following enactments, namely—

• (a) section 6 of the Local Government (Miscellaneous Provisions) Act 1953;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) sections 176 and 185 of the Highways Act 1980; and

• (d) paragraph 3 of Schedule 5 to the Road Traffic Regulation Act 1984;

to electricity undertakers shall be construed as references to licence holders entitled to exercise any power conferred by paragraph 1 of Schedule 4 to this Act.

• (6) A licence holder entitled to exercise any power conferred by paragraph 1 of Schedule 4 to this Act shall be deemed to be a public utility undertaker for the purposes of the Highways Act 1980 . . ..

• (7) A licence holder who is entitled to exercise any power conferred by paragraph 2 of Schedule 4 to this Act shall be deemed to be a statutory undertaker and his undertaking a statutory undertaking for the purposes of the following enactments, namely—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) the Roads (Scotland) Act 1984.

• (8) References in the Local Government (Omnibus Shelters and Queue Barriers) (Scotland) Act 1958 . . . to electricity undertakers shall be construed as references to licence holders entitled to exercise any power conferred by paragraph 2 of Schedule 4 to this Act.

• (9) It is immaterial for the purposes of this paragraph whether any power conferred by, or by any provision of, Schedule 3 or 4 to this Act on the holder of a licence under section 6(1)(a) or (2) of this Act is qualified by restrictions, exceptions or conditions included in the licence.

3

• (1) In the following enactments, namely—

• (a) the Water Act 1948;

• (b) section 39 of the Opencast Coal Act 1958 except in its application to Scotland;

• (c) paragraph 2 of Schedule 6 to the Gas Act 1965;

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) the Welsh Development Agency Act 1975;

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) the New Towns Act 1981,

“the appropriate Minister”, in relation to a a licence holder, shall mean the [Secretary of State for Trade and Industry].

• (2) In the following enactments, namely—

• (a) section 39 of the Opencast Coal Act 1958 in its application to Scotland;

• (b) the Pipe-lines Act 1962;

• (c) Schedule 3 to the Harbours Act 1964;

• (d) the New Towns (Scotland) Act 1968;

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) section 121 of the Highways Act 1980;

• (h) the Acquisition of Land Act 1981,

• (i) section 9 of the Enterprise and New Towns (Scotland) Act 1990;

“the appropriate Minister”, in relation to a licence holder, shall mean the Secretary of State.

The Civil Defence Act 1939 (c.31)

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Water Act 1945 (c.42)

5

In Schedule 3 to the Water Act 1945 (incorporated provisions: water undertakings), in section 70, in paragraph (b) of the proviso, for the words “section fifteen of the Electric Lighting Act, 1882, or section seventeen of the Schedule to the Electric Lighting (Clauses) Act, 1899” there shall be substituted the words “paragraph 3 of Schedule 4 to the Electricity Act 1989”.

The Wireless Telegraphy Act 1949 (c.54)

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Public Utilities Street Works Act 1950 (c.39)

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Rights of Entry (Gas and Electricity Boards) Act 1954 (c.21)

8

• (1) The Rights of Entry (Gas and Electricity Boards) Act 1954 shall be amended as follows.

• (2) For subsection (2) of section 1 there shall be substituted the following subsection—

(2) This Act applies to all rights of entry conferred by— (a) the Gas Act 1986, regulations made under it or any other enactment relating to gas, (b) Schedule 6 to the Electricity Act 1989, and (c) any local enactment relating to gas or electricity, in so far as those rights are exercisable for the purposes of a public gas supplier or a public electricity supplier.

• (3) In subsection (1) of section 2—

• (a) for the words from “required” to “Board”, in the second place where it occurs, there shall be substituted the words “required by a public gas supplier, a public electricity supplier or by an employee of such a supplier”;

• (b) for the words “the supplier or Board or his or their employee”, in both places where they occur, there shall be substituted the words “the supplier or his employee”.

• (4) For subsection (3) of that section there shall be substituted the following subsection—

(3) Where paragraph (a) of subsection (2) above applies— (a) section 46 of the Gas Act 1986 (if entry is required for the purposes of a public gas supplier); or (b) section 109 of the Electricity Act 1989 (if entry is required for the purposes of a public electricity supplier), shall apply to the service of the notice required by that paragraph.

• (5) In section 3(1)—

• (a) the definition of “Electricity Board” shall cease to have effect;

• (b) for the definition of “employee” there shall be substituted the following definition—

“employee”, in relation to a gas or electricity supplier, means an officer, servant or agent of the supplier

• (c) after the definition of “premises” there shall be inserted the following definition—

“public electricity supplier” has the same meaning as in Part I of the Electricity Act 1989;

The Land Powers (Defence) Act 1958 (c.30)

9

In section 14(2)(b) of the Land Powers (Defence) Act 1958 for the words “Electric Lighting Act, 1882” there shall be substituted the words “Electricity Act 1989”.

The Water Resources Act 1963 (c.38)

10

In section 19(4)(f) of, and in paragraph 4(h) of Schedule 7 to, the Water Resources Act 1963, for the words “Central Electricity Generating Board” there shall be substituted the words “a person authorised by a licence under Part I of the Electricity Act 1989 to generate electricity”.

The Nuclear Installations Act 1965 (c.57)

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Building Control Act 1966 (c.27)

12

In section 5(1) of the Building Control Act 1966, after paragraph (f) there shall be inserted the following paragraph—

(ff) a public electricity supplier within the meaning of Part I of the Electricity Act 1989

The Forestry Act 1967 (c.10)

13

• (1) Section 9 of the Forestry Act 1967 (licences for tree felling) shall be amended as follows.

• (2) In subsection (4)(c), for the words from “an Electricity Board” to the end there shall be substituted “an electricity operator, because the tree is or will be in such close proximity to an electric line or electrical plant which is kept installed or is being or is to be installed by the operator as to have the effect mentioned in paragraph 9(1)(a) or (b) of Schedule 4 to the Electricity Act 1989;”

• (3) In subsection (6) for the definitions of “Electricity Board” and “electric line” there shall be substituted—

“electricity operator” means a licence holder within the meaning of Part I of the Electricity Act 1989 by whom the powers conferred by paragraph 9 (tree lopping) of Schedule 4 to that Act are exercisable; “electric line” and “electrical plant” have the same meanings as in Part I of the Electricity Act 1989;

The Transport Act 1968 (c. 73)

14

In section 109(2) of the Transport Act 1968, for paragraphs (e), (f) and (g), there shall be substituted—

(e) a public electricity supplier within the meaning of Part I of the Electricity Act 1989;

The Post Office Act 1969 (c.48)

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Fair Trading Act 1973 (c.41)

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Consumer Credit Act 1974 (c. 39)

17

• (1) The Consumer Credit Act 1974 shall be amended as follows.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In section 189, for the words “the Electric Lighting Act 1882” there shall be substituted the words “the Electricity Act 1989”.

The Control of Pollution Act 1974 (c. 40)

18

• (1) Section 21 of the Control of Pollution Act 1974 (power of disposal authority to produce and dispose of energy from waste) shall be amended as follows.

• (2) In subsection (1), for the words “subsections (2) and (3)” there shall be substituted the words “subsection (2)” and after the words “use, sell or otherwise dispose of any heat” there shall be inserted the words “or electricity”.

• (3) For subsections (2) and (3) there shall be substituted the following subsection—

(2) Nothing in subsection (1) of this section shall be construed as exempting a disposal authority from the requirements of Part I of the Electricity Act 1989.

• (4) In subsection (6), the words “(except the restrictions imposed by subsections (2) and (3))” shall cease to have effect.

The Restrictive Trade Practices Act 1976 (c. 34)

19

In section 41(1)(a) of the Restrictive Trade Practices Act 1976 (disclosure of information), after the words “the Director General of Water Supply” there shall be inserted the words “the Director General of Electricity Supply” and after the words “or the Water Act 1989” there shall be inserted the words “or the Electricity Act 1989”.

The Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

20

• (1) Section 11 of the Local Government (Miscellaneous Provisions) Act 1976 (production and supply of energy by local authorities) shall be amended as follows.

• (2) In subsection (1)(d), after the words “heat produced or acquired” there shall be inserted the words “or electricity produced”.

• (3) For subsections (2) and (3) there shall be substituted the following subsections—

(2) Nothing in subsection (1) of this section shall be construed as exempting a local authority from the requirements of Part I of the Electricity Act 1989. (3) Except in such cases as may be prescribed, a local authority shall not be entitled to sell electricity which is produced otherwise than in association with heat.

• (4) In subsection (7)—

• (a) the definition of “Electricity Board” shall cease to have effect;

• (b) at the end of the definition of “prescribed” there shall be added the words “which, in the case of regulations under subsection (3) of this section, shall be subject to annulment in pursuance of a resolution of either House of Parliament”; and

• (c) after the words “local authority” there shall be inserted the words “(in its capacity as such)”.

The Land Drainage Act 1976 (c. 70)

21

In section 112(2)(a) of the Land Drainage Act 1976 (protection of nationalised undertakings etc.) for the words “any Electricity Board” there shall be substituted the words “any public electricity supplier (within the meaning of Part I of the Electricity Act 1989) or any person authorised by a licence under that Part to generate or transmit electricity”.

The Energy Act 1976 (c. 76)

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Land Registration (Scotland) Act 1979 (c. 33)

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Estate Agents Act 1979 (c. 38)

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Competition Act 1980 (c. 21)

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Water (Scotland) Act 1980 (c. 45)

26

• (1) The Water (Scotland) Act 1980 shall be amended as follows.

• (2) In Schedule 1 (procedure in relation to orders and byelaws)—

• (a) in paragraph 2(ii), after the words “public undertakers” there shall be inserted the words “or licence holder within the meaning of Part I of the Electricity Act 1989”, and after the words “authorised by” there shall be inserted the words “or by virtue of”;

• (b) in paragraph 6, after the words “undertakers” there shall be inserted the words “or licence holder”;

• (c) in paragraph 11(ii), after the words “public undertakers” there shall be inserted the words “or licence holder within the meaning of Part I of the Electricity Act 1989”, and after the words “authorised by” there shall be inserted the words “or by virtue of”; and

• (d) in paragraph 15, after the word “undertakers” there shall be inserted the words “or licence holder”.

• (3) In Schedule 4 (provisions to be incorporated in orders relating to statutory undertakers)—

• (a) in section 5(4), for the words from “the expressions” to the end there shall be substituted the words—

“electric line” has the same meaning as in Part I of the Electricity Act 1989; “electricity undertakers” means public electricity suppliers within the meaning of Part I of the Electricity Act 1989 and persons authorised by a licence under that Part to generate or transmit electricity.

; and

• (b) in paragraph (b) of the proviso to section 36, for the words “electricity undertakers” there shall be substituted the words “public electricity supplier (within the meaning of Part I of the Electricity Act 1989) or any person authorised by a licence under that Part to generate or transmit electricity.”

The Highways Act 1980 (c. 66)

27

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Acquisition of Land Act 1981 (c. 67)

28

In section 28 of the Acquisition of Land Act 1981 (acquisition of rights over land by the creation of new rights), after paragraph (g) there shall be inserted the following paragraph—

(h) paragraph 1 of Schedule 3 to the Electricity Act 1989.

The Telecommunications Act 1984 (c. 12)

29

• (1) The Telecommunications Act 1984 shall be amended as follows.

• (2) In section 98 (use of certain conduits for telecommunications purposes)—

• (a) for the words “the Electric Lighting Act 1882” there shall be substituted the words “the Electricity Act 1989”; and

• (b) in the definition of “electricity authority”, for the words from “an” to “1983” there shall be substituted the words “a person authorised by a licence under Part I of the Electricity Act 1989 to transmit or supply electricity”.

• (3) In section 101 (general restrictions on disclosure of information)—

• (a) in subsection (2)(b), after the words “Director General of Water Services” there shall be inserted the words “the Director General of Electricity Supply”; and

• (b) in subsection (3), after paragraph (j) there shall be inserted the following paragraph—

(k) the Electricity Act 1989.

The Roads (Scotland) Act 1984 (c. 54)

30

In section 61(4) of the Roads (Scotland) Act 1984 (permission to place and maintain apparatus under a road), for the words from the beginning to “permission” in the second place where it occurs there shall be substituted the words “Works carried out by a person in pursuance of permission under subsection (1) above are not”.

The Building Act 1984 (c. 55)

31

In section 80(3) of the Building Act 1984 (notice to local authority of intended demolition) for paragraph (c) there shall be substituted the following paragraph—

(c) the public electricity supplier (as defined in Part I of the Electricity Act 1989) in whose authorised area (as so defined) the building is situated and any other person authorised by a licence under that Part to supply electricity to the building;

The Bankruptcy (Scotland) Act 1985 (c. 66)

32

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Airports Act 1986 (c. 31)

33

In section 74 of the Airports Act 1986 (restrictions on disclosure of information)—

• (a) in subsection (2)(a), after the words “Director General of Water Services” there shall be inserted the words “ the Director General of Electricity Supply”; and

• (b) in subsection (3), after paragraph (k) there shall be inserted the following paragraph—

(l) the Electricity Act 1989.

The Gas Act 1986 (c. 44)

34

In section 42 of the Gas Act 1986 (general restrictions on disclosure of information)—

• (a) in subsection (2)(b), after the words “Director General of Water Services” there shall be inserted the words “the Director General of Electricity Supply”; and

• (b) in subsection (3), after paragraph (l) there shall be inserted the following paragraph—

(m) the Electricity Act 1989.

The Insolvency Act 1986 (c. 45)

35

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Consumer Protection Act 1987 (c. 43)

36

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Water Act 1989 (c. 15)

37

In section 160 of the Water Act 1989 (protection of certain undertakings), in subsection (3), for paragraph (f) there shall be substituted the following paragraph—

(f) the undertaking of any person authorised by a licence under Part I of the Electricity Act 1989 to generate, transmit or supply electricity;

Interpretation

38

In this Schedule expressions which are used in Part I of this Act have the same meanings as in that Part.

SCHEDULE 17 — Transitional Provisions and Savings

Part I — Provisions and Savings for Part I of Act

1

• (1) In so far as any requisition made under section 27 of the Schedule to the Electric Lighting (Clauses) Act 1899 which is effective on the day appointed for the coming into force of section 16 of this Act requires a supply of electricity to continue to be given, it shall have effect as if made under subsection (1) of the said section 16; and the provisions of Part I of this Act shall apply accordingly.

• (2) In so far as any requisition made under section 27 of the Schedule to the Electric Lighting (Clauses) Act 1899 which is effective on the day appointed for the coming into force of that section’s repeal by this Act requires a supply of electricity to be given, the repeal shall not affect the operation of that section in relation to that requisition.

• (3) The repeal by this Act of sections 24 to 26 of the Schedule to the Electric Lighting (Clauses) Act 1899 shall not affect the operation of those sections in relation to any requisition made under the said section 24 which is effective on the day appointed for the coming into force of the repeal.

2

Any tariff fixed under section 37(3) of the Electricity Act 1947 or section 22(1) of the Electricity (Scotland) Act 1979 which is effective on the day appointed for the coming into force of section 18 of this Act shall have effect as if fixed under subsection (1) of the said section 18; and the provisions of Part I of this Act shall apply accordingly.

3

Any regulations made under section 16 of the Energy Act 1983 which are effective on the day appointed for the coming into force of section 29 of this Act shall have effect as if—

• (a) they were made under the said section 29; and

• (b) references to an Electricity Board were references to a person authorised by a licence to supply or transmit electricity;

and the provisions of Part I of this Act shall apply accordingly.

4

• (1) Where any application made under section 2 of the Electric Lighting Act 1909 or section 35 of the Electricity (Scotland) Act 1979 is effective on the day appointed for the coming into force of section 36 of this Act—

• (a) the application shall have effect as if made under the said section 36 modified for that purpose by the omission of subsections (2) and (3);

• (b) anything done before that day in relation to the application (whether under the said section 2 or 35 or under section 33 or 34 of the Electricity Act 1957) shall have effect as if done under the corresponding provisions of Schedule 8 to this Act; and

• (c) the provisions of Part I of this Act shall apply accordingly.

• (2) The repeal by this Act of section 2 of the Electric Lighting Act 1909 or section 35 of the Electricity (Scotland) Act 1979 shall not affect the validity of any consent granted under that section before the day appointed for the coming into force of the repeal.

• (3) Section 36 of this Act shall not apply in relation to—

• (a) the construction of a generating station, or its operation as constructed; or

• (b) the extension of a generating station, or its operation as extended,

if its construction or, as the case may be, extension is authorised by a consent given or having effect as if given under section 2 of the Electric Lighting Act 1909 or section 35 of the Electricity (Scotland) Act 1979, or by a planning permission granted on an application made before the day appointed for the coming into force of the said section 36.

5

• (1) Where any application made under section 10(b) of the Schedule to the Electric Lighting (Clauses) Act 1899 is effective on the day appointed for the coming into force of section 37 of this Act—

• (a) the application shall have effect as if made under the said section 37 modified for that purpose by the omission of subsection (2);

• (b) anything done before that day in relation to the application (whether under the said section 10(b) or under section 32 or 34 of the Electricity Act 1957) shall have effect as if done under the corresponding provisions of Schedule 8 to this Act; and

• (c) the provisions of Part I of this Act shall apply accordingly.

• (2) The repeal by this Act of section 10(b) of the Schedule to the Electric Lighting (Clauses) Act 1899 shall not affect the validity of any consent granted under that section before the day appointed for the coming into force of the repeal.

• (3) Where such a consent as is mentioned in sub-paragraph (2) above includes a direction that planning permission for the installation of the electric line shall be deemed to be granted, or otherwise has effect as a grant of planning permission for that installation, that permission shall be deemed to extend to the installation of any of the following, namely—

• (a) any support for that line, that is to say, any structure, pole or other thing in, on, by or from which that line is be supported, carried or suspended;

• (b) any apparatus connected to that line for the purpose of carrying electricity; and

• (c) any wire, cable, tube, pipe or other similar thing (including its casing or coating) which surrounds or supports, or is surrounded or supported by, or is installed in close proximity to, or is supported, carried or suspended in association with, that line.

• (4) Section 37 of this Act shall not apply in relation to an electric line if its installation is authorised by a consent given under section 10(b) of the Schedule to the Electric Lighting (Clauses) Act 1899 or by a planning permission granted on an application made before the day appointed for the coming into force of the said section 37.

• (5) Section 37 of this Act shall not apply to any electric line which—

• (a) is a service line within the meaning of section 1 of the Schedule to the Electric Lighting (Clauses) Act 1899; and

• (b) is or was installed before the day appointed for the coming into force of the said section 37.

6

Any maximum charge fixed by an Electricity Board under section 29 of the Electricity Act 1957 or section 23 of the Electricity (Scotland) Act 1979 for the resale of electricity supplied by it which is effective on the day appointed for the coming into force of section 44 of this Act shall have effect as a maximum price fixed by the Director under the said section 44 for the resale of electricity so supplied.

7

Where any representation, reference or report made under, or in such circumstances as are mentioned in, any of the following enactments, namely—

• (a) section 7 of the Electricity Act 1947;

• (b) Schedule 7 to the Electricity (Scotland) Act 1979; and

• (c) section 21 of the Energy Act 1983,

is effective on the day appointed for the coming into force of the repeal by this Act of that enactment, the representation, reference or report shall have effect as if it were a representation made to the Director; and the provisions of Part I of this Act shall apply accordingly.

8

• (1) Any land which has been compulsorily acquired under section 9 of the Electricity Act 1947 or section 12 of the Electricity (Scotland) Act 1979 before the day appointed for the coming into force of Part I of Schedule 3 to this Act shall be treated for the purposes of that Part as compulsorily acquired by virtue of that Part.

• (2) Any compulsory purchase order made under section 9 of the Electricity Act 1947 or section 12 of the Electricity (Scotland) Act 1979 before the day appointed for the coming into force of Part I of Schedule 3 to this Act shall have effect as if made under that Part; and the provisions of that Schedule shall apply accordingly.

9

Any consent given under subsection (1) of section 22 of the Electricity (Supply) Act 1919 which is effective on the day appointed for the coming into force of Schedule 4 to this Act shall have effect as if granted under paragraph 6(3) of that Schedule; anything done before that day with a view to, or otherwise in connection with, the giving of a consent under that subsection (whether under that section or under section 11 of the Electricity (Supply) Act 1922) shall have effect as if done under the corresponding provisions of that Schedule; and the provisions of Part I of this Act shall apply accordingly.

10

Any order made under subsection (3) of section 34 of the Electricity (Supply) Act 1926 which is effective on the day appointed for the coming into force of Schedule 4 to this Act shall have effect as if made under paragraph 9(6) of that Schedule; anything done under that section before that day with a view to, or otherwise in connection with, the making of an order under that subsection shall have effect as if done under the corresponding provisions of that Schedule; and the provisions of Part I of this Act shall apply accordingly.

11

• (1) Any meter of a pattern which is approved for the purposes of section 12 of the Energy Act 1983 immediately before the day appointed for the coming into force of Schedule 7 to this Act shall be treated as being of an approved pattern for the purposes of that Schedule.

• (2) Any meter which is certified under section 50 of the Schedule to the Electric Lighting (Clauses) Act 1899 immediately before the day appointed for the coming into force of Schedule 7 to this Act shall be treated as certified under paragraph 5 of the said Schedule 7.

• (3) Any regulations made under section 30(1) of the Electricity Act 1957 which are effective on the day appointed for the coming into force of Schedule 7 to this Act shall have effect as if made under paragraph 5 of that Schedule.

• (4) Paragraphs (a) and (b) of paragraph 2(1) of Schedule 7 to this Act shall not apply in relation to a meter installed before (and not moved since) the day appointed for the coming into force of that Schedule until, in the case of paragraph (b)—

• (a) electricity is supplied through the meter in pursuance of a notice given under section 16(2) of this Act more than twelve months after that day; or

• (b) the period of ten years beginning with that day expires,

whichever first occurs.

• (5) Sub-paragraph (2) of paragraph 12 of Schedule 7 to this Act shall not prevent a pre-payment meter from being used as mentioned in that sub-paragraph in pursuance of an agreement made before the day appointed for the coming into force of that Schedule.

12

Any regulations made under section 34(2) of the Electricity Act 1957 which are effective on the day appointed for the coming into force of Schedule 8 to this Act shall have effect as if they were made under paragraph 3(1) of that Schedule; and the provisions of that Schedule shall apply accordingly.

13

Where—

• (a) any sum was deposited with an Electricity Board by way of security under any provision of the Electricity Acts; and

• (b) on and after the day appointed for the coming into force of any provision of Part I of this Act that sum is treated by the Board as deposited under that provision of that Part,

any period beginning three months or less before that day, being a period during which the sum was deposited with the Board, shall be treated for the purposes of the payment of interest on that sum as a period during which the sum was deposited under that provision of that Part.

14

• (1) Where immediately before the day appointed for the coming into force of any provision of Part I of this Act there is in force an agreement which—

• (a) confers or imposes on an Electricity Board any rights or liabilities; and

• (b) refers (in whatever terms and whether expressly or by implication) to any provision of the Electricity Acts, to an Electricity Board’s statutory electricity undertaking or to statutory purposes,

the agreement shall have effect, in relation to anything falling to be done on or after that day, as if that reference included or, as the case may require, were a reference to the corresponding provision of this Act, to the Board’s undertaking as a person authorised by a licence to generate, transmit or supply electricity or to purposes connected with the generation, transmission or supply of electricity.

• (2) References in this paragraph to an agreement include references to a deed, bond or other instrument.

15

The repeal by this Act of any provision by virtue of which any enactment applies in relation to a person carrying on an electricity undertaking shall not affect the continuing validity of anything done under that enactment before the day appointed for the coming into force of that repeal.

16

In this Part of this Schedule “the Electricity Acts” means—

• (a) the Electricity Acts 1947 to 1961 and the Electricity (Scotland) Act 1979; and

• (b) such of the provisions of the Energy Act 1976 and the Energy Act 1983 as are repealed by this Act;

and expressions which are used in Part I of this Act have the same meanings as in that Part.

Part II — Provisions and Savings for Part II of Act

17

Any licence granted under section 6 of this Act to an Electricity Board which is effective on the transfer date shall have effect as if granted to the appropriate successor company.

18

Any tariff fixed, or having effect as if fixed, under section 18(1) of this Act by an Electricity Board which is effective on the transfer date shall have effect as if fixed by its successor company.

19

Any consent given under section 36 of this Act to an Electricity Board which is effective on the transfer date shall have effect as if given to the appropriate successor company.

20

Any consent given under section 37 of this Act to an Electricity Board which is effective on the transfer date shall have effect as if given to the appropriate successor company.

21

Any maximum price fixed, or having effect as if fixed, under section 44 of this Act for the resale of electricity supplied by an Electricity Board which is effective on the transfer date shall have effect as if fixed for the resale of electricity by the appropriate successor company.

22

A direction given under section 96 of this Act to an Electricity Board which is effective on the transfer date shall have effect as if given to the appropriate successor company.

23

• (1) Any land compulsorily acquired by an Electricity Board before the transfer date which was so acquired by virtue of Part I of Schedule 3 to this Act, or is treated as so acquired for the purposes of that Part, shall be treated for those purposes as so acquired by the appropriate successor company; but nothing in paragraph 4 of that Schedule (as applied by this sub-paragraph) shall be taken as requiring the consent of the Director to any disposal which is affected in pursuance of a provision included in a transfer scheme by virtue of section 68(2)(c) of this Act or in pursuance of Schedule 10 to this Act.

• (2) Any compulsory purchase order made by an Electricity Board which is made, or has effect as if made, by virtue of Part I of Schedule 3 to this Act and is effective on the transfer date shall have effect as if made by the appropriate successor company.

24

• (1) Where immediately before the transfer date there is in force an agreement which—

• (a) confers or imposes on an Electricity Board or the Electricity Council any rights or liabilities which vest in the appropriate successor company by virtue of this Act; and

• (b) refers (in whatever terms and whether expressly or by implication) to a member or officer of that Board or Council,

the agreement shall have effect, in relation to anything falling to be done on or after that date, as if for that reference there were substituted a reference to such person as that company may appoint or, in default of appointment, to the officer of that company who corresponds as nearly as may be to the member or officer of the Board or Council in question.

• (2) References in this paragraph to an agreement include references to a deed, bond or other instrument.

25

• (1) Any agreement made, transaction effected or other thing done by, to or in relation to an Electricity Board or the Electricity Council which is in force or effective immediately before the transfer date shall have effect as if made, effected or done by, to or in relation to the appropriate successor company, in all respects as if that company were the same person in law as the Board or Council; and accordingly references to an Electricity Board or the Electricity Council—

• (a) in any agreement (whether or not in writing) and in any deed, bond or instrument;

• (b) in any process or other document issued, prepared or employed for the purposes of any proceeding before any court or other tribunal or authority; and

• (c) in any other document whatsoever (other than an enactment) relating to or affecting any property, right or liability of that Board or Council which is transferred by this Act,

shall be taken as referring to the appropriate successor company.

• (2) Nothing in sub-paragraph (1) above shall be taken as applying in relation to any agreement made, transaction effected or other thing done with respect to, or any document relating to or affecting, any rights and liabilities which are excepted rights and liabilities within the meaning of section 66 or 67 of this Act.

26

It is hereby declared for the avoidance of doubt that—

• (a) the effect of Part II of this Act in relation to any contract of employment with an Electricity Board or the Electricity Council which is in force immediately before the transfer date is merely to modify the contract by substituting the appropriate successor company as the employer (and not to terminate the contract or vary it in any other way); and

• (b) that Part is effective to vest the rights and liabilities of an Electricity Board or the Electricity Council under any agreement or arrangement for the payment of pensions, allowances or gratuities in the appropriate successor company along with all other rights and liabilities of the Board or Council;

and accordingly any period of employment with an Electricity Board or the Electricity Council, or a wholly owned subsidiary of such a Board or that Council, shall count for all purposes as a period of employment with the appropriate successor company or (as the case may be) a wholly owned subsidiary of the appropriate successor company.

27

The Transfer of Undertakings (Protection of Employment) Regulations 1981 shall apply to any transfer effected by Part II of this Act, being a transfer of—

• (a) all property, rights and liabilities comprised in the Electricity Council’s undertaking (other than excepted rights and liabilities within the meaning of section 66 of this Act); or

• (b) all property, rights and liabilities comprised in a specified part of that undertaking,

whether or not, apart from this paragraph, that undertaking would be treated as an undertaking in the nature of a commercial venture for the purposes of those Regulations.

28

Any agreement made under section 53 of the Electricity Act 1947 or section 12 of the Electricity Act 1957 (machinery for settling terms and conditions of employment) which is effective on the transfer date shall have effect as if—

• (a) the parties to the agreement on the employers’ side were the successor companies and not the Electricity Council and the Scottish Boards; and

• (b) each of the parties to the agreement were entitled to withdraw from it on giving the other parties 12 months’ notice in writing.

29

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30

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31

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32

Notwithstanding the repeal by this Act of sections 10 and 11 of and Schedule 5 to the Electricity (Scotland) Act 1979—

• (a) any constructional scheme prepared by a Scottish Board and confirmed by an order of the Secretary of State made under, or having effect as if made under, Schedule 5 to that Act;

• (b) the powers conferred by section 11 of that Act for the purpose of carrying out any such scheme; and

• (c) any authorisation of a Scottish Board under section 10(3) of that Act to execute works of a minor character without the preparation of a constructional scheme,

shall have effect after the transfer date in relation to the appropriate successor company as they had effect before that date in relation to the Scottish Board.

33

Where by virtue of anything done before the transfer date, any enactment amended by Schedule 16 to this Act has effect in relation to an Electricity Board or the Electricity Council, that enactment shall have effect in relation to the appropriate successor company as if that company were the same person, in law, as the Board or Council.

34

Without prejudice to the powers conferred by section 112(2) of this Act, every provision contained in a local Act, or in subordinate legislation, which is in force immediately before the transfer date and then applicable to an Electricity Board or the Electricity Council shall have effect as if—

• (a) for references therein to the Board or Council there were substituted references to the appropriate successor company; and

• (b) for any reference (however worded and whether expressly or by implication) to the undertaking or business, or any part of the undertaking or business, of the Board or Council there were substituted a reference to the undertaking or business, or the corresponding part of the undertaking or business, of the appropriate successor company.

35

• (1) Nothing in this Act shall affect the validity of anything done by, or in relation to, an Electricity Board before the transfer date under or by virtue of the Public Utilities Street Works Act 1950; and anything which, immediately before that date, is in process of being done under, or by virtue of, that Act by or in relation to the Board (including, in particular, any legal proceedings to which it is a party) may be continued by, or in relation to, the appropriate successor company.

• (2) Any notice or direction given or other thing whatsoever done under the said Act of 1950 by an Electricity Board shall, if effective at the transfer date, continue in force and have effect as if similarly given or done by the appropriate successor company.

36

• (1) Where immediately before the transfer date an Electricity Board falls, by virtue of section 34(3) of the General Rate Act 1967, to be treated for the purposes of that Act as occupying in a rating area a hereditament of a rateable value calculated in accordance with the provisions of Part I of Schedule 7 to that Act, that Board shall, notwithstanding the transfers of property, rights and liabilities effected by Part II of this Act, continue to be so treated until 1st April 1990.

• (2) Section 16(1) of the Valuation and Rating (Scotland) Act 1956 (liability for rates) shall, in relation to such lands and heritages as the Secretary of State may after consultation with the Scottish Boards by regulations prescribe, have effect until 1st April 1990 as if any reference to a rate being payable by occupiers only were a reference to the rate being payable by the Scottish Board from which the lands and heritages were transferred by Part II of this Act.

• (3) Any sums which by virtue of this paragraph fall to be paid by an Electricity Board after the transfer date shall be met by the appropriate successor company.

37

• (1) An application or claim by an Electricity Board for hazardous substances consent which is effective on the transfer date—

• (a) shall have effect as if made by the appropriate successor company; and

• (b) in the case of an application or claim made to the Secretary of State, shall be determined by him notwithstanding that the land to which it relates is no longer land to which section 2 of the Planning (Hazardous Substances) Act 1990 or, as the case may be, section 56B of the Town and Country Planning (Scotland) Act 1972 applies.

• (2) A hazardous substances consent granted or deemed to be granted to an Electricity Board which is effective on the transfer date shall have effect as if it had been granted to the appropriate successor company.

38

• (1) Where an asset, or the right to receive an asset, vests in a successor company by virtue of this Act, then for the purposes of Part I of the Industry Act 1972 and Part II of the Industrial Development Act 1982—

• (a) so much of any expenditure incurred by the appropriate Board or Council in providing that asset as is approved capital expenditure (of any description relevant for the purposes of regional development grant) in respect of which no payment of regional development grant has been made to the Board or Council shall be treated as having been incurred by the successor company and not by the Board or Council; and

• (b) where the asset itself vests in the successor company by virtue of this Act, it shall be treated as a new asset if it would have fallen to be so treated if it had remained vested in the Board or Council.

• (2) In this paragraph “regional development grant” means a grant under Part I of the Industry Act 1972 or Part II of the Industrial Development Act 1982 and “approved capital expenditure” has the same meaning as it has for the purposes of the provisions relating to regional development grant.

39

• (1) Where a distribution is proposed to be declared during the accounting reference period of a successor company which includes the transfer date or before any accounts are laid or filed in respect of that period, sections 270 to 276 of the Companies Act 1985 (accounts relevant for determining whether a distribution may be made by a company) shall have effect as if—

• (a) references in section 270 to the company’s accounts or to accounts relevant under that section; and

• (b) references in section 273 to initial accounts,

included references to such accounts as, on the assumptions stated in sub-paragraph (2) below, would have been prepared under section 227 of that Act in respect of the relevant year.

• (2) The said assumptions are—

• (a) that the relevant year had been a financial year of the successor company;

• (b) that the vesting effected by Part II of this Act had been a vesting of all the property, rights and liabilities (other than excepted rights and liabilities within the meaning of section 66 or 67 of this Act) to which the Board or Council concerned was entitled or subject immediately before the beginning of the relevant year and had been effected immediately after the beginning of that year;

• (c) that the value of any asset and the amount of any liabilities of the Board or Council concerned vested in the successor company by virtue of that section had been the value or (as the case may be) the amount assigned to that asset or liability for the purposes of the statement of accounts prepared by that Board or Council in respect of the financial year immediately preceding the relevant year;

• (d) that any securities of the successor company issued or allotted before the declaration of the distribution had been issued or allotted before the end of the relevant year; and

• (e) such other assumptions (if any) as may appear to the directors of the successor company to be necessary or expedient for the purposes of this paragraph.

• (3) For the purposes of the said accounts the amount to be included in respect of any item shall be determined as if anything done by the Board or Council concerned (whether by way of acquiring, revaluing or disposing of any asset or incurring, revaluing or discharging any liability, or by carrying any amount to any provision or reserve, or otherwise) had been done by the successor company.

Accordingly (but without prejudice to the generality of the preceding provision) the amount to be included in any reserves of the successor company as representing its accumulated realised profits shall be determined as if any profits realised and retained by the Board or Council concerned had been realised and retained by the successor company.

• (4) The said accounts shall not be regarded as statutory accounts for the purposes of section 76 of this Act.

• (5) In this paragraph—

• “complete financial year” means a financial year ending with 31st March;

• “the relevant year” means the last complete financial year ending before the transfer date.

40

In this Part of this Schedule expressions which are used in Part II of this Act have the same meanings as in that Part.

SCHEDULE 18 — Repeals