Electricity (Supply) Act 1927
Compulsory acquisition of land, etc., by authorised undertaker.
47.—(1) The Board if it thinks proper so to do may by special order empower any authorised undertaker to acquire compulsorily any land or to acquire or use compulsorily any easement, or other right over any land, or any right of impounding, diverting, or abstracting water, which may be necessary or convenient for the establishment or extension of a generating station, the development of water-power for the generation of electricity, the transformation, transmission, or distribution of electricity, or the construction of any works authorised by the Board, and any such order may empower the authorised undertaker to exercise the powers aforesaid either within or outside the area of supply of the authorised undertaker, and in the case of an authorised undertaker which is a local authority either within or outside their district.
(2) A special order under this section authorising the compulsory acquisition of a right of impounding, diverting, or abstracting water shall not be made by the Board without previous consultation with the Minister for Fisheries.
(3) A special order under this section authorising the compulsory acquisition of a right of impounding, diverting, or abstracting water in or from any canal shall not be made by the Board without previous consultation with the Minister.
(4) Before a special order is made under this section the authorised undertaker shall deposit with the Board such plans, specifications, and other documents as shall be required by the Board and after the deposit of such documents the Board shall give notice, in such manner as it may consider best adapted for informing persons likely to be affected by the order, of its intention to consider the making thereof and of the manner in which representations and objections in respect of the order may be made, and shall, if it shall consider it expedient so to do, cause a public inquiry to be held in regard to any matter relating to the making of such order.
(5) A special order made under this section may incorporate—
(a) the Acquisition of Land (Assessment of Compensation) Act, 1919, with the modification that the expression “public authority” shall include the authorised undertaker to whom the order relates, and
(b) the Lands Clauses Acts so far as the same are not inconsistent with the said Acquisition of Land (Assessment of Compensation) Act, 1919.
(6) No special order shall be made under this section—
(a) in respect of any matter which the Board is of opinion, as a result of representations made to it or the report of the person holding a public inquiry, or otherwise, is of such a character or magnitude that it ought not to be proceeded with, or
(b) authorising the compulsory acquisition or use of, or interference with, any land or water or any easement or other right over land which at the date of the first publication of notice of the intention of the Board to consider the making of the order belongs to a gas or water undertaker and is used or authorised to be used by such undertaker for the purpose of his undertaking.
Annotations
Modifications (not altering text):
C48
References to "transmission system of the Board" construed by European Communities (Internal Market in Electricity) Regulations 2000 (S.I. No. 445 of 2000), reg. 25(1)(d), (e) as inserted (3.12.2022) by European Union (internal Market in Electricity) (No. 5) Regulations 2022 (S.I. No. 619 of 2022), reg. 3(d)(iii).
Grid code and distribution code.
25. (1) For the purposes of Part V of the Act of 1999—
(a) any existing duty, obligation or requirement on the Board in respect of the transmission system [owned by the Board] which relates to functions conferred on the transmission system operator by or under these Regulations shall be regarded as a duty, obligation or requirement on the transmission system operator, and not on the Board.
(b) any existing duty, obligation or requirement on the Board in relation to the operation of the distribution system which is transferred to the distribution system operator by or under these Regulations shall be regarded as a duty, obligation or requirement on the distribution system operator, licensed under section 14(1)(g) of the Act of 1999, [...]
(c) any existing duty, obligation or requirement on the Board in relation to the ownership of the transmission system which is transferred to the transmission system owner by or under these Regulations shall be regarded as a duty, obligation or requirement on the transmission system owner, licensed under section 14(1)(f) of the Act of 1999, and Part V of the Act of 1999 shall be construed accordingly.
[(d) any duty, obligation or requirement of the Board in relation to ownership of the transmission system shall be treated as a duty, obligation or requirement of the transmission system operator, licenced under section 14(1)(e) of the Act of 1999, insofar as it relates to the transmission system owned by the transmission system operator, and
(e) any reference to the transmission system of the Board shall, with the necessary modification, be construed as a reference to the transmission system of the transmission system operator,]
and Part V of the Act of 1999 shall be construed accordingly.
...
C49
Certain functions of Board regarded as functions of Distribution System Operator (1.01.2009) by European Communities (Internal Market in Electricity) (Electricity Supply Board) Regulations 2008 (S.I. No. 280 of 2008), reg. 24(b), in effect as per regs. 1(3), 8(1) and notice in Iris Oifigiúil no. 105 of 2008 published 30.12.2008.
Certain functions of the Board to be regarded as functions of the Distribution System Operator
24. Any function of the Board under— ...
(b) section 19, 20, 27, 28, 44, 47, 51, 58, 59, 62, 84 or 100 of the Electricity (Supply) Act 1927 (No. 27 of 1927),
...
which is necessary for the discharge of the Distribution System Operator’s functions under the Act of 1999 or the European Communities (Internal Market in Electricity) Regulations 2000 to 2007 shall, to that extent, be regarded as a function of the Distribution System Operator and not of the Board, other than where it is also necessary for the Board to discharge its functions as Distribution System Owner in which case that function shall be a function of both the Board and the Distribution System Operator.
C50
Certain functions of Board regarded as functions of transmission system operator (20.06.2001) by European Communities (Internal Market in Electricity) Regulations 2000 (S.I. No. 445 of 2000), in effect as per regs. 1(2)(b), 3 and notice in Iris Oifigiúil no. 50 of 2001 published 22.06.2001.
Functions of transmission system operator.
8. ...
(2) Any function of the Board under— ...
(b) section 19, 20, 27, 28, 44, 47, 51, 58, 59, 62, 84 or 100 of the Electricity (Supply) Act 1927,
...
which is necessary for the discharge of the transmission system operator's functions under these Regulations shall, to that extent, be regarded as a function of the transmission system operator and not of the Board, other than where it is also necessary for the Board to discharge its functions as transmission system owner in which case that function shall be a function of both the Board and the transmission system operator.
C51
Functions transferred and references to Department of and Minister for Agriculture and Fisheries construed as Department of and Minister for Lands (8.02.1977) by Fisheries (Transfer of Departmental Administration and Ministerial Functions) Order 1977 (S.I. No. 30 of 1977), arts. 3, 4(1)(c), subject to transitional provisions in arts. 5 to 8. Note that the name of the Minister for and Department of Lands was changed:
• to the Minister for Fisheries (9.02.1977) by Lands (Alteration of Name of Department and Title of Minister) Order 1977 (S.I. No. 29 of 1977);
• to Minister for Fisheries and Forestry (15.07.1978) by Fisheries (Alteration of Name of Department and Title of Minister) Order 1978 (S.I. No. 95 of 1978);
• to Minister for Tourism, Fisheries and Forestry (19.02.1986) by Fisheries and Forestry (Alteration of Name of Department and Title of Minister) Order 1986 (S.I. No. 40 of 1986);
• to Minister for the Marine (19.03.1987) by Tourism, Fisheries and Forestry (Alteration of Name of Department and Title of Minister) Order 1987 (S.I. No. 82 of 1987);
• to Minister for the Marine and Natural Resources (12.07.1997) by Marine (Alteration of Name of Department and Title of Minister) Order 1997 (S.I. No. 301 of 1997);
• to Minister for Communications, Marine and Natural Resources (19.06.2002) by Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2002 (S.I. No. 307 of 2002);
• to Minister for Communications, Energy and Natural Resources (20.10.2007) by Communications, Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2007 (S.I. No. 706 of 2007);
• to Minister for Communications, Climate Action and Environment (23.07.2016) by Communications, Energy and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2016 (S.I. No. 421 of 2016);
• to Minister for Environment, Climate and Communications (24.10.2020) by Communications, Climate Action and Environment (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 373 of 2020).
...
3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are hereby transferred to the Department of Lands.
(2) References to the Department of Agriculture and Fisheries contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Lands.
4. (1) The functions vested in the Minister for Agriculture and Fisheries by or under the following Acts are hereby transferred to the Minister for Lands:
...
(c) the Electricity (Supply) Acts, 1927 to 1976,
...
Editorial Notes:
E36
Previous affecting provision: functions transferred and references to Department of and Minister for Lands construed as Department for and Minister of Agriculture (3.05.1965) by Fisheries (Transfer of Departmental Administration and Ministerial Functions) Order 1965 (S.I. No. 83 of 1965), arts. 3, 4(1)(c), in effect as per art. 1(2), subject to transitional provisions in arts. 5 to 8. Note that the name of the Minister for and Department of Agriculture was changed to the Minister for and Department of Agriculture and Fisheries (6.07.1965) by Agriculture (Alteration of Name of Department and Title of Minister) Order 1965 (S.I. No. 146 of 1965); superseded (8.02.1997) as per C-note above.
E37
Previous affecting provision: functions transferred and references to Department of Agriculture and Minister for Agriculture construed Department of and Minister for Lands (9.04.1957) by Fisheries (Transfer of Departmental Administration and Ministerial Functions) Order 1957 (S.I. No. 67 of 1957), arts. 3, 4(1)(c), in effect as per art. 1(2), subject to transitional provisions in arts. 5 to 8; superseded (3.05.1965) as per E-note above.
E38
Previous affecting provision: functions in relation to fisheries (including deep-sea fisheries, tidal waters fisheries, coastal fisheries, inland waters fisheries, and industries connected with the same) transferred and references to Minister for Lands and Fisheries construed as Minister for Agriculture (1.04.1934) by Fisheries (Re-Distribution of Public Services) Order 1934 (S.R. &O. 40 of 1934), art. 4, in effect as per art. 3; superseded as per E-note above.
E39
Previous affecting provision: Minister for Fisheries construed as Minister for Lands and Fisheries (1.09.1928) by Ministers and Secretaries (Amendment) Act 1928 (6/1928), s. 3(3), S.I. No. 49 of 1928; superseded as per E-note above.