Electricity Act 1989 (c. 29)

(The document as of February, 2008)

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The Nuclear Installations Act 1965 (c. 57)

11 For subsection (4) of section 3 of the Nuclear Installations Act 1965 (nuclear site licences) there shall be substituted the following subsection--

" (4) Subsection (3) of this section shall not apply in relation to an application in respect of a site for a generating station where a consent under section 36 of the Electricity Act 1989 or Article 33 of the Electricity Supply (Northern Ireland) Order 1972 is required for the operation of the station. "

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 In section 7(1A) of the Post Office Act 1969 (powers of Post Office), after paragraph (ca) there shall be inserted the following paragraph--

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

The Fair Trading Act 1973 (c. 41)

16 (1) The Fair Trading Act 1973 shall be amended as follows.

(2) At the end of subsection (1) of section 16 there shall be added the words " or

(c) is carried on in connection only with the supply of electricity by a licence holder within the meaning of Part I of the Electricity Act 1989. "

(3) After subsection (2) of that section there shall be inserted the following subsection--

" (2A) In this section "the appropriate Minister", in relation to a licence holder within the meaning of Part I of the Electricity Act 1989, means the Secretary of State responsible for matters relating to energy. "

(4) In section 133(2)(a) (exceptions to general restriction on disclosure of information), after the words "the Director General of Water Services," there shall be inserted the words "the Director General of Electricity Supply," and after the words "the Water Act 1989," there shall be inserted the words "or the Electricity Act 1989,".

(5) In Schedule 5 (goods and services referred to in section 16), paragraph 3 (electricity) shall cease to have effect.

The Consumer Credit Act 1974 (c. 39)

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

(2) In section 174(3)(a) (exceptions to restrictions on disclosure of information), after the words "Water Act 1989" there shall be inserted the words "or the Electricity Act 1989" and after the words "the Director General of Water Services" there shall be inserted the words "the Director General of Electricity Supply,".

(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

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 In section 14 of the Energy Act 1976 (fuelling for new and converted power stations), for subsection (6) there shall be substituted the following subsection--

" (6) This section does not affect section 36 of the Electricity Act 1989 (which operates so as, in certain circumstances, to require the Secretary of State's consent for power station construction etc.). "

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

23 In section 28(1) of the Land Registration (Scotland) Act 1979 (interpretation), in the definition of "overriding interest", after paragraph (ee) there shall be inserted the following paragraphs--

" (ef) a licence holder within the meaning of Part I of the Electricity Act 1989 having such a wayleave as is mentioned in paragraph 6 of Schedule 4 to that Act (wayleaves for electric lines), whether granted under that paragraph or by agreement between the parties;

(eg) a licence holder within the meaning of Part I of the Electricity Act 1989 who is authorised by virtue of paragraph 1 of Schedule 5 to that Act to abstract, divert and use water for a generating station wholly or mainly driven by water. " .

The Estate Agents Act 1979 (c. 38)

24 In section 10(3)(a) of the Estate Agents Act 1979 (exceptions to restrictions on disclosure of information), after the words "Water Act 1989" there shall be inserted the words "or the Electricity Act 1989" and after the words "the Director General of Water Services," there shall be inserted the words "the Director General of Electricity Supply".

The Competition Act 1980 (c. 21)

25 In section 19 of the Competition Act 1980 (exceptions to restrictions on disclosure of information)--

(a) in subsection (2)(a), after the words "the 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 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 In section 181(6) of the Highways Act 1980 (apparatus in or under highway), for the words from the beginning to "section" in the second place where it occurs, there shall be substituted the words "Works carried out by the licensee in pursuance of a licence under this section are not".

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 In section 70(4)(b) of the Bankruptcy (Scotland) Act 1985 (supplies of gas, water, electricity etc. to certain individuals), for the words from "an Electricity Board (within the meaning of the Energy Act 1983)" there shall be substituted the words "a public electricity supplier within the meaning of Part I of the Electricity Act 1989".

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 (1) The Insolvency Act 1986 shall be amended as follows.

(2) In section 233 (supplies of gas, water, electricity etc to certain companies)--

(a) in subsection (3), for paragraph (b) there shall be substituted the following paragraph--

" (b) a public supply of electricity, " ; and

(b) in subsection (5), for paragraph (b), there shall be substituted the following paragraph--

" (b) "public supply of electricity" means a supply of electricity by a public electricity supplier within the meaning of Part I of the Electricity Act 1989; " .

(3) In section 372 (supplies of gas, water, electricity etc to certain individuals)--

(a) in subsection (4), for paragraph (b) there shall be substituted the following paragraph--

" (b) a public supply of electricity, " ; and

(b) in subsection (5), for paragraph (b), there shall be substituted the following paragraph--

" (b) "public supply of electricity" means a supply of electricity by a public electricity supplier within the meaning of Part I of the Electricity Act 1989; " .

The Consumer Protection Act 1987 (c. 43)

36 In section 38 of the Consumer Protection Act 1987 (general restrictions on disclosure of information)--

(a) in subsection (3), after paragraph (l) there shall be inserted the following paragraph--

" (m) the Electricity Act 1989. " ; and

(b) in subsection (6)(b), after the words "Director General of Gas Supply" there shall be inserted the words "or the Director General of Electricity Supply".

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.

Section 112(4).

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 [1899 c. 19.] 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 [1947 c. 54.] Electricity Act 1947 or section 22(1) of the [1979 c. 11.] 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 [1983 c. 25.] 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 [1909 c. 34.] 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 [1957 c. 48.] Electricity Act 1957) shall have effect as if done under the corresponding provisions of Schedule 8 to this Act; and

(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

(2) The repeal by this Act of section 10(b) of the Schedule to the [1899 c. 19.] 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 [1957 c. 48.] Electricity Act 1957 or section 23 of the [1979 c. 11.] 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 [1947 c. 54.] Electricity Act 1947;

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

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 [1919 c. 100.] 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 [1922 c. 46.] 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 [1926 c. 51.] 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 [1983 c. 25.] 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 [1899 c. 19.] 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 [1957 c. 48.] 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 [1979 c. 11.] Electricity (Scotland) Act 1979; and

(b) such of the provisions of the [1976 c. 76.] Energy Act 1976 and the [1983 c. 25.] 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 [S.I. 1981/1794.] Transfer of Undertakings (Protection of Employment) Regulations 1981 shall apply to any transfer effected by Part II of this Act, being a transfer of--

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