Electricity Act 1989 (c. 29)

(The document as of February, 2008)

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(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) So much of Schedule 13 to the [1978 c. 44.] Employment Protection (Consolidation) Act 1978 as has effect for the purpose of ascertaining whether any employment is continuous 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 [1985 c. 6.] 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 [1947 c. 54.] 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 [1947 c. 54.] 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--
(a)
all forms of right to or eligibility for the present or future payment of a pension to or in respect of him; and
(b)
any 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 Chapter I of Part XIV of the [1988 c. 1.] Income and Corporation [1975 c. 60.] Taxes Act 1988 (retirement benefit schemes) and Part III of the Social Security Pensions Act 1975 (contracted-out pension schemes);
"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.

Section 105.

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 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 [1979 c. 11.] 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.

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

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--

(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;

Interpretation

5 (1) In this Schedule--

"Consultative Council" means a Consultative Council established under section 7A of the [1947 c. 54.] 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 [1947 c. 54.] 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--
(a)
all forms of right to or eligibility for the present or future payment of a pension to or in respect of him; and
(b)
any 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 Chapter I of Part XIV of the [1988 c. 1.] Income and Corporation [1975 c. 60.] Taxes Act 1988 (retirement benefit schemes) and Part III of the Social Security Pensions Act 1975 (contracted-out pension schemes);
"relevant scheme" has the meaning given by paragraph 2(1) above;
"wholly-owned subsidiary" has the same meaning as in the [1985 c. 6.] 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.

Section 112(1).

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 [1925 c. 71.] Public Health Act 1925;

(ii) the [1936 c. 49.] Public Health Act 1936;

(iii) section 33 of the [1938 c. 52.] Coal Act 1938;

(iv) Schedule 3 to the [1945 c. 42.] Water Act 1945;

(v) section 4 of the [1948 c. 17.] Requisitioned Land and War Works Act 1948;

(vi) the [1948 c. 22.] Water Act 1948;

(vii) the National Parks and Access to the [1949 c. 97.] Countryside Act 1949;

(viii) the [1951 c. 65.] Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951;

(ix) the [1954 c. 56.] Landlord and Tenant Act 1954;

(x) the [1958 c. 69.] Opencast Coal Act 1958;

(xi) the [1961 c. 41.] Flood Prevention (Scotland) Act 1961;

(xii) section 17(10) of the [1961 c. 64.] Public Health Act 1961;

(xiii) the [1962 c. 58.] Pipe-lines Act 1962;

(xiv) Schedule 3 to the [1964 c. 40.] Harbours Act 1964;

(xv) Schedule 6 to the [1965 c. 36.] Gas Act 1965;

(xvi) section 10 of the [1965 c. 46.] Highlands and Islands Development (Scotland) Act 1965;

(xvii) section 40 of the [1967 c. 10.] Forestry Act 1967;

(xviii) section 50 of the [1967 c. 22.] Agriculture Act 1967;

(xix) section 38 of the [1967 c. 86.] Countryside (Scotland) Act 1967;

(xx) paragraph 6 of Schedule 2 to the [1968 c. 41.] Countryside Act 1968;

(xxi) section 22 of the [1968 c. 47.] Sewerage (Scotland) Act 1968;

(xxii) sections 22, 118(2), 127, 132, 149, 165(3), 181 to 183, 186, 192, 216, 222, 223, 225 to 241, 245(7)(a), 255, 281(6)(b) and 290(2) of, and paragraphs 1 to 3 of Schedule 19 to, the [1971 c. 78.] Town and Country Planning Act 1971;

(xxiii) sections 19, 108(2), 117, 121, 138, 154(3), 170 to 172, 175, 181, 202(3), 205, 211, 212, 214 to 230, 233(7), 242, 266(6)(b) and 275(2) of, and Schedule 8 and paragraphs 1 to 3 of Schedule 17 to, the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972;

(xxiv) paragraph 36 of Schedule 16 to the [1972 c. 70.] Local Government Act 1972;

(xxv) sections 51 and 71 of the [1973 c. 26.] Land Compensation Act 1973;

(xxvi) sections 47 and 67 of the [1973 c. 56.] Land Compensation (Scotland) Act 1973;

(xxvii) Part III of the [1974 c. 40.] Control of Pollution Act 1974;

(xxviii) section 10(4) of the [1975 c. 69.] Scottish Development Agency Act 1975;

(xxix) the [1975 c. 70.] Welsh Development Agency Act 1975;

(xxx) sections 15(3) and 26 of the [1976 c. 57.] Local Government (Miscellaneous Provisions) Act 1976;

(xxxi) the [1976 c. 75.] Development of Rural Wales Act 1976;

(xxxii) section 9(3) of the [1978 c. 50.] Inner Urban Areas Act 1978;

(xxxiii) the [1979 c. 46.] Ancient Monuments and Archaeological Areas Act 1979;

(xxxiv) Parts XII and XVI of the [1980 c. 65.] Local Government, Planning and Land Act 1980;

(xxxv) section 53 of the [1982 c. 16.] Civil Aviation Act 1982;

(xxxvi) section 30 of the [1982 c. 30.] Local Government (Miscellaneous Provisions) Act 1982;

(xxxvii) section 120 of the [1982 c. 45.] Civic Government (Scotland) Act 1982;

(xxxviii) section 2(2)(c) of the [1984 c. 38.] Cycle Tracks Act 1984;

(xxxix) the [1984 c. 55.] Building Act 1984;

(xl) section 283(2) of the [1985 c. 68.] Housing Act 1985;

(xli) paragraph 11 of Schedule 8 to the [1987 c. 27.] Housing (Scotland) Act 1987.

(2) References in the [1927 c. 36.] 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) In the [1939 c. 31.] Civil Defence Act 1939, references to public utility undertakers shall be construed as including references to a person who is carrying on activities which he is authorised by a licence or exemption to carry on and references to an electricity undertaking shall be construed as references to the undertaking carried on by any such person.

(4) The references in sections 73(11)(c) and 74(11)(b) of the [1980 c. 66.] 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 [1981 c. 12.] Water Act 1981.

(6) Paragraph 23 of Schedule 2 to the [1984 c. 12.] Telecommunications Act 1984 (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 [1984 c. 55.] 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 [1987 c. 26.] 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 [1967 c. 86.] Countryside (Scotland) Act 1967 and section 11 of the [1968 c. 41.] 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 [1947 c. 42.] Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

(b) the [1968 c. 16.] New Towns (Scotland) Act 1968;

(d) sections 118, 119 and 195(6)(b) of the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972;

(e) section 120 of the [1980 c. 65.] Local Government, Planning and Land Act 1980;

(f) the [1981 c. 64.] New Towns Act 1981;

(g) the [1981 c. 67.] Acquisition of Land Act 1981; and

(h) sections 47, 48, 49 and 51 of, and Schedule 9 to, the [1982 c. 16.] 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 [1925 c. 71.] Public Health Act 1925;

(b) section 17(1)(b) of the [1945 c. 43.] Requisitioned Land and War Works Act 1945;

(d) the [1980 c. 66.] Highways Act 1980; and

(e) sections 296 and 611 of the [1985 c. 68.] Housing Act 1985.

(5) References in the following enactments, namely--

(a) section 6 of the [1953 c. 26.] Local Government (Miscellaneous Provisions) Act 1953;

(b) section 215 of the Town and Country Planning Act 1971;

(d) paragraph 3 of Schedule 5 to the [1984 c. 27.] 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 and an undertaker for the purposes of section 160 of that Act.

(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) sections 198(3) and 199(2) of, and Schedule 18 to, the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972; and

(b) the [1984 c. 54.] Roads (Scotland) Act 1984.

(8) References in the [1958 c. 50.] Local Government (Omnibus Shelters and Queue Barriers) (Scotland) Act 1958 and section 204 of the Town and Country Planning (Scotland) Act 1972 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 [1948 c. 42.] Water Act 1948;

(b) section 39 of the [1958 c. 69.] Opencast Coal Act 1958 except in its application to Scotland;

(d) sections 206(6), 225 to 238, 281(6)(b) and 290(2) of, and Schedule 10 to, the Town and Country Planning Act 1971;

(e) the [1975 c. 70.] Welsh Development Agency Act 1975;

(f) the [1976 c. 75.] Development of Rural Wales Act 1976;

(g) the [1981 c. 64.] New Towns Act 1981,

"the appropriate Minister", in relation to a a licence holder, shall mean the Secretary of State for Energy.

(2) In the following enactments, namely--

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

(b) the [1962 c. 58.] Pipe-lines Act 1962;

(d) the [1968 c. 16.] New Towns (Scotland) Act 1968;

(e) sections 195(6), 214 to 227, 266(6)(b) and 275(2) of, and Schedule 8 to, the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972;

(f) section 10(4) of the [1975 c. 69.] Scottish Development Agency Act 1975;

(g) section 121 of the [1980 c. 66.] Highways Act 1980;

(h) the [1981 c. 67.] Acquisition of Land Act 1981,

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

The Civil Defence Act 1939 (c. 31)

4 In section 90 of the Civil Defence Act 1939 (interpretation), in the definition of "the appropriate department" for the words "the Electricity Commissioners" (as originally enacted) there shall be substituted the words "the Secretary of State".

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 In section 19(2) of the Wireless Telegraphy Act 1949 (definition of "electric line") for the words "the Electric Lighting Act, 1882" there shall be substituted the words "the Electricity Act 1989".

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

7 In section 17(5) of the Public Utilities Street Works Act 1950 (exclusion or restriction of certain consent requirements), for the words "section twenty-one of the Electricity (Supply) Act, 1919" there shall be substituted the words "section 37 of the Electricity Act 1989".

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

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 " ;

" "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".

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