|
| |
|
(2) | Any person who without reasonable excuse contravenes the provisions of |
| |
sub-paragraph (1) shall be liable on summary conviction to a fine not |
| |
exceeding level 3 on the standard scale. |
| |
(3) | No proceedings shall be instituted in respect of an offence under this |
| |
paragraph except by or on behalf of the Secretary of State. |
| 5 |
| |
3 (1) | An application for consent under this Schedule shall be in writing and shall |
| |
| |
(a) | the length of the electric line to which it relates, |
| |
(b) | the nominal voltage of that line, and |
| 10 |
(c) | whether the application to any extent relates to exercise of the power |
| |
conferred by paragraph 3 of Schedule 2. |
| |
(2) | An application for consent under this Schedule shall be accompanied by a |
| |
| |
(a) | the land across which the electric line to which it relates is to be |
| 15 |
installed or kept installed, including details of the route of that line, |
| |
(b) | the limits of deviation for the scheduled works and the limits of land |
| |
to be acquired or used, so far as relevant to the application, and |
| |
(c) | if the application to any extent relates to exercise of the power |
| |
conferred by paragraph 3 of Schedule 2, the extent to which it so |
| 20 |
| |
4 | An application for consent under this Schedule shall be supplemented, if the |
| |
appropriate Ministers so direct in writing, by such additional information as |
| |
may be specified in the direction. |
| |
| 25 |
5 (1) | A person applying for consent under this Schedule shall publish notice of |
| |
the application in two successive weeks in one or more local newspapers |
| |
circulating in the area in which the land to which the application relates is |
| |
situated (or in areas which together include that area). |
| |
(2) | A notice under sub-paragraph (1) shall— |
| 30 |
(a) | describe the route of the electric line to which the application relates, |
| |
(b) | specify a place in the locality where a copy of the application may be |
| |
| |
(c) | state a time (not being less than 14 days from the date of publication) |
| |
within which, and the manner in which, objections to the application |
| 35 |
may be made to the appropriate Ministers, and |
| |
(d) | if it relates to an application by the nominated undertaker, explain |
| |
the effect of paragraph 8(2)(b). |
| |
(3) | Sub-paragraph (1) shall not apply to an application for consent under this |
| |
Schedule which relates only to exercise of the power conferred by paragraph |
| 40 |
| |
(4) | If an application for consent under this Schedule relates partly to exercise of |
| |
the power conferred by paragraph 3 of Schedule 2, so much of the |
| |
application as relates to exercise of that power shall be disregarded for the |
| |
purposes of sub-paragraphs (1) and (2). |
| 45 |
|
| |
|
| |
|
(5) | If an application for consent under this Schedule is one in relation to which |
| |
the applicant is subject to a duty under sub-paragraph (1), the appropriate |
| |
Ministers shall not make any decision about the application until they are |
| |
| |
(a) | that the applicant has performed his duty under that provision, and |
| 5 |
(b) | that the time allowed by the notice under that provision for making |
| |
objections to the application has expired. |
| |
| |
6 (1) | Within 14 days of receiving an application for consent under this Schedule, |
| |
the appropriate Ministers shall invite the relevant planning authority to |
| 10 |
make representations and shall not make any decisions about the |
| |
| |
(a) | they have received representations from the authority about it, |
| |
(b) | they have been informed by the authority that it does not wish to |
| |
make any representations about it, or |
| 15 |
(c) | 28 days have elapsed since the date of the invitation. |
| |
(2) | An invitation under sub-paragraph (1) shall specify the time limit for |
| |
| |
(3) | For the purposes of this paragraph, the relevant planning authority is— |
| |
(a) | in the case of a line in the area of a unitary authority, the local |
| 20 |
| |
(b) | in the case of a line not in the area of a unitary authority, the district |
| |
| |
7 (1) | If the appropriate Ministers consider that an application for consent under |
| |
this Schedule relates to matters which may affect— |
| 25 |
| |
(b) | the conservation of the natural beauty or amenity of the countryside, |
| |
| |
(c) | a site of archaeological or historic interest, |
| |
| they shall, within 14 days of receiving the application, also invite the |
| 30 |
appropriate body or bodies to make representations. |
| |
(2) | Where under sub-paragraph (1) the appropriate Ministers have invited a |
| |
body to make representations about an application for consent under this |
| |
Schedule, they shall not make any decision about the application until— |
| |
(a) | they have received representations from the body about the request, |
| 35 |
(b) | they have been informed by the body that it does not wish to make |
| |
any representations about the request, or |
| |
(c) | 14 days have elapsed since the date of the invitation. |
| |
(3) | An invitation under sub-paragraph (1) shall specify the time limit for |
| |
| 40 |
(4) | For the purposes of this paragraph, the following are appropriate bodies in |
| |
relation to the following matters— |
| |
|
| |
|
| |
|
| | | | | | | | | | | Conservation of the natural |
| The Countryside Commission.
|
| | | | | | | | | | | | 5 | | Sites of archaeological or |
| The Historic Buildings and |
| | | | | | | | | | | | |
|
| |
8 (1) | This paragraph applies to an application for consent under this Schedule by |
| 10 |
the nominated undertaker. |
| |
(2) | An application to which this paragraph applies may only be refused— |
| |
(a) | to the extent that it relates to exercise of the power conferred by |
| |
paragraph 3 of Schedule 2, on the ground that the electric line ought |
| |
to, and could reasonably, be installed elsewhere within the limits |
| 15 |
specified, in relation to the diversion concerned, in the third column |
| |
of the table in paragraph 3 of Schedule 2, and |
| |
(b) | to the extent that it does not relate to the exercise of that power, on |
| |
the ground that the electric line ought to, and could reasonably, be |
| |
installed elsewhere within the limits of deviation for the scheduled |
| 20 |
works or within the limits of land to be acquired or used. |
| |
9 | A consent under this Schedule may include such conditions (including |
| |
conditions as to the ownership and operation of the electric line to which it |
| |
relates) as appear to the appropriate Ministers to be appropriate. |
| |
Variation and revocation of consent |
| 25 |
10 (1) | A consent under this Schedule may be varied or revoked by the Secretary of |
| |
State at any time after the end of such period as may be specified in the |
| |
| |
(2) | The period which may be specified under sub-paragraph (1) shall not be less |
| |
than 10 years from the date of installation of the electric line to which the |
| 30 |
| |
| |
11 | Subject to paragraph 10, a consent under this Schedule shall continue in |
| |
force for such period as may be specified in or determined by or under the |
| |
| 35 |
| |
12 | In this Schedule, references to the appropriate Ministers are to the Secretary |
| |
of State for Trade and Industry and the Secretary of State for Transport |
| |
| |
|
| |
|
| |
|
| |
| |
Temporary possession and use of land |
| |
Occupation and use for construction of works |
| |
1 (1) | The nominated undertaker may, in connection with the construction of the |
| |
works specified in column (1) of the following table (or any works which are |
| 5 |
necessary or expedient for the purposes of or in connection with those |
| |
| |
(a) | enter upon and take possession of the land specified in relation to |
| |
those works in columns (2) and (3) of that table for such purposes as |
| |
are so specified in column (4) of that table, and |
| 10 |
(b) | for such purposes as are so specified— |
| |
(i) | remove from the land any structure or vegetation, and |
| |
(ii) | construct on the land temporary works (including the |
| |
provision of means of access) and structures. |
| |
|
|
| |
|
| |
|
|
|
(2) | Not less than 28 days before entering upon and taking possession of land |
| |
under this paragraph, the nominated undertaker shall give notice to the |
| |
owners and occupiers of the land of its intention to do so. |
| 30 |
(3) | The nominated undertaker may not remain in possession of any land under |
| |
this paragraph after the end of the period of one year beginning with the |
| |
date of completion of the works specified in relation to the land in column |
| |
(1) of the table in sub-paragraph (1) unless the owners of the land agree. |
| |
(4) | The nominated undertaker shall pay compensation to the owners and |
| 35 |
occupiers of land of which possession is taken under this paragraph for any |
| |
loss which they may suffer by reason of the exercise in relation to the land of |
| |
the power or powers conferred by this paragraph. |
| |
(5) | Any dispute as to a person’s entitlement to compensation under sub- |
| |
paragraph (4), or as to the amount of compensation, shall be determined |
| 40 |
under and in accordance with Part 1 of the Land Compensation Act 1961 |
| |
| |
(6) | Nothing in this paragraph shall affect any liability to pay compensation |
| |
under section 10(2) of the Compulsory Purchase Act 1965 (c. 56), as applied |
| |
to the acquisition of land under section 6(1), or under any other enactment, |
| 45 |
|
| |
|
| |
|
otherwise than for loss for which compensation is payable under sub- |
| |
| |
(7) | In this paragraph, “structure” includes any erection. |
| |
2 (1) | Before giving up possession of land of which possession has been taken |
| |
under paragraph 1, the nominated undertaker shall, in accordance with a |
| 5 |
scheme agreed with the owners of the land and the relevant planning |
| |
authority, put the land into such condition as the scheme may provide. |
| |
(2) | If, in relation to any land of which possession has been taken under |
| |
paragraph 1, no scheme has been agreed for the purposes of this paragraph |
| |
within 6 months of the date of completion of the works specified in relation |
| 10 |
to the land in column (1) of the table in paragraph 1(1), the scheme shall be |
| |
such as may be determined by the appropriate Ministers after consultation |
| |
with the nominated undertaker, the owners of the land and the relevant |
| |
| |
(3) | Unless the owners of the land and the nominated undertaker otherwise |
| 15 |
agree, a scheme determined under sub-paragraph (2) shall provide for land |
| |
to be restored to its former condition. |
| |
(4) | Unless the nominated undertaker otherwise agrees, a scheme determined |
| |
under sub-paragraph (2) shall not provide for the nominated undertaker to |
| |
replace any structure removed under paragraph 1, other than a fence. |
| 20 |
(5) | Where the appropriate Ministers ask the relevant planning authority for |
| |
assistance in connection with the carrying out by them of their function |
| |
under sub-paragraph (2), they may require the nominated undertaker to |
| |
reimburse to the planning authority any expenses which it reasonably incurs |
| |
| 25 |
(6) | The duty under sub-paragraph (1) in relation to any land shall be owed |
| |
separately to the owners of the land and to the relevant planning authority. |
| |
(7) | Where a scheme for the purposes of this paragraph provides for any step to |
| |
be taken by the nominated undertaker before a specified date and that step |
| |
has not been taken before that date, the relevant planning authority may— |
| 30 |
(a) | enter the land concerned and take that step, and |
| |
(b) | require the nominated undertaker to reimburse to it any expenses |
| |
which it reasonably incurs in acting under paragraph (a). |
| |
| |
“appropriate Ministers” means the Secretary of State for Environment, |
| 35 |
Food and Rural Affairs and the Secretary of State for Transport |
| |
| |
“relevant planning authority” means— |
| |
(a) | in relation to land in the area of a unitary authority, the local |
| |
| 40 |
(b) | in relation to land not in the area of a unitary authority, the |
| |
district planning authority; |
| |
“structure” includes any erection. |
| |
3 (1) | The nominated undertaker may use any road situated on land specified in |
| |
the table in paragraph 8 of Schedule 6 for the passage of persons or vehicles |
| 45 |
(with or without materials, plant and machinery) for the purpose of or in |
| |
connection with the construction of the works authorised by this Act. |
| |
|
| |
|
| |
|
(2) | The nominated undertaker shall compensate the person having the |
| |
management of a road to which sub-paragraph (1) applies for any loss which |
| |
he may suffer by reason of the exercise of the power conferred by that sub- |
| |
| |
(3) | Any dispute as to a person’s entitlement to compensation under sub- |
| 5 |
paragraph (2), or as to the amount of such compensation, shall be |
| |
determined under and in accordance with Part 1 of the Land Compensation |
| |
| |
Occupation and use for maintenance of works |
| |
4 (1) | At any time during the maintenance period relating to any of the scheduled |
| 10 |
works, the nominated undertaker may— |
| |
(a) | enter upon and take possession of any land which is— |
| |
(i) | within 20 metres from that work, and |
| |
(ii) | within the limits of deviation for the scheduled works or the |
| |
limits of land to be acquired or used, |
| 15 |
| if such possession is reasonably required for the purpose of or in |
| |
connection with maintaining the work or any ancillary works |
| |
| |
(b) | construct on the land such temporary works (including the provision |
| |
of means of access) and structures as may be reasonably so required. |
| 20 |
(2) | Sub-paragraph (1) shall not authorise the nominated undertaker to take |
| |
| |
(a) | a house, any other structure which is for the time being occupied, or |
| |
a garden belonging to a house, |
| |
(b) | land specified in the table in paragraph 8, 9, 11(1) or 12 of Schedule |
| 25 |
| |
(c) | such of the land specified in columns (1) and (2) of the table in |
| |
paragraph 10 of Schedule 6 as falls outside the description specified |
| |
in relation to it in column (3) of the table. |
| |
(3) | Not less than 28 days before entering upon and taking possession of land |
| 30 |
under this paragraph, the nominated undertaker shall give notice to the |
| |
owners and occupiers of the land of its intention to do so. |
| |
(4) | The nominated undertaker may only remain in possession of land under this |
| |
paragraph for so long as may be reasonably required to carry out the |
| |
maintenance works for which possession of the land was taken. |
| 35 |
(5) | Before giving up possession of land of which possession has been taken |
| |
under this paragraph, the nominated undertaker shall restore the land to the |
| |
reasonable satisfaction of the owners of the land. |
| |
(6) | The nominated undertaker shall pay compensation to the owners and |
| |
occupiers of land of which possession is taken under this paragraph for any |
| 40 |
loss which they may suffer by reason of the exercise in relation to the land of |
| |
the powers conferred by this paragraph. |
| |
(7) | Any dispute as to a person’s entitlement to compensation under sub- |
| |
paragraph (6), or as to the amount of the compensation, shall be determined |
| |
under and in accordance with Part 1 of the Land Compensation Act 1961. |
| 45 |
|
| |
|