C1

References to "electric line" construed (19.06.2014) by ESB (Electronic Communications Networks) Act 2014 (5/2014), s. 4(1), S.I. No. 286 of 2014.

Electric line

4. (1) A reference to an electric line wherever it occurs in the ESB Acts 1927 to 2014 shall be construed and have effect and be deemed always to have had effect as meaning any line which is used solely or amongst other things for carrying electricity for any purpose and as including—

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

(b) any apparatus connected to or associated with any such line for the purpose of carrying electricity or electronic communications services, whether such apparatus is owned by the Board or by any company referred to in section 2 or by a company which has been provided access or services referred to in section 3, or

(c) any wire, cable, tube, pipe or similar thing (including its casing or coating) which is used for the purpose of carrying electricity or electronic communications services and 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, any such line.

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C2

Application of Act and collectively cited Electricity (Supply) Acts 1927 to 2004 affected (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), regs. 42(22), 46(3), 63(2) and sch. 2, in effect as per reg. 1(3).

Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites

42. ...

(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies.

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Review of existing plans

46. ...

(3) For the purposes of this Regulation, a decision, including a decision to adopt or undertake, or give approval for a plan, may include those adopted, undertaken or approved pursuant to any of the enactments set out in the Second Schedule to these Regulations.

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General provisions regarding licences etc

63. ...

(2) A licence, consent, permission, permit, derogation or other authorisation given under these Regulations or under any of the enactments referred to in the Second Schedule may include conditions requiring compliance with any guideline or code of practice issued under Regulation 71 or such provisions thereof as may be specified in the conditions.

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SECOND SCHEDULE

...	...	...
15	2008	Electricity (Supply) Acts 1927 to 2004
...	...	...

C3

Application of Act extended, references to "authorised undertaker" construed and application of Act restricted (14.07.1999) by Electricity Regulation Act 1999 (23/1999), ss. 16(2), 50, S.I. No. 213 of 1999.

Authorisations to construct or reconstruct a generating station.

16.— ...

(2) Notwithstanding the Electricity (Supply) Acts, 1927 to 1995, the Board may not construct or reconstruct a generating station unless an authorisation has been granted to it by the Commission.

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Construction of section 54 of Principal Act.

50.—(1) Subject to subsection (2), references in section 54 of the Principal Act to an authorised undertaker shall include references to the holder of an authorisation or the holder of a direct line permission under section 37.

(2) Where regulations made before the commencement of this section are made by the Board under the Principal Act which regulate the placing of electric lines across or along or either over or under any railway, land, inland navigation, dock or harbour those regulations shall apply to the holder of an authorisation or the holder of a direct line permission under section 37.

(3) The Board shall not amend regulations to which subsection (2) applies without the consent of the Commission.

(4) The Commission may prescribe modifications to regulations referred to in subsection (2) for the purposes of enabling their application to the holder of an authorisation or the holder of a direct line permission under section 37.

C4

Applilcation of collectively cited Electricity (Supply) Acts restricted (23.12.1958) by Electricity (Supply) (Amendment) Act 1958 (35/1998), s. 9(2)(c), (d), commenced on enactment.

Membership of either House of the Oireachtas by members, officers or servants of the Board.

9.—(1) Where a member of the Board is nominated either as a candidate for election to either House of the Oireachtas or as a member of Seanad Éireann, he shall thereupon cease to be a member of the Board.

(2) Where a person who is either an officer or a servant in the employment of the Board becomes a member of either House of the Oireachtas—

(a) he shall, during the period (in this section referred to as the secondment period) commencing upon his becoming entitled under the Standing Orders of that House to sit therein and ending either when he ceases to be a member of that House or, if it should sooner happen, upon his resignation or retirement from such employment or upon the termination of such employment by the Board, stand seconded from such employment,

(b) he shall not be paid by, or entitled to receive from, the Board any salary or wages, as the case may be, in respect of the secondment period,

(c) notwithstanding any provision of the Acts, as amended by this Act, or of any scheme made in pursuance of the Superannuation Act of 1942—

(i) the secondment period shall, for the purposes of any such scheme, be deemed to be service of that person which is reckonable for superannuation benefits under the scheme if, but only if—

(I) he was in the permanent employment of the Board and was a contributor under the scheme immediately before the commencement of the secondment period and is not an excluded person (which expression has the same meaning in this and the next following subsection as it has in section 13 of the Superannuation Act of 1942),

(II) he elects, by notice in writing given to the Board within three months after the commencement of the secondment period, to pay contributions under the scheme in respect of the secondment period in accordance with the provisions of this subsection, and

(III) he pays, at such times and in such manner as the committee duly appointed under the scheme to administer the scheme may specify, contributions under the scheme in respect of the secondment period equal in amount to the aggregate of the contributions which he would have paid and the contributions which the Board would have paid in respect of the secondment period if he had remained without secondment under this subsection in the service of the Board during the secondment period and had been in receipt of remuneration from the Board during that period,

(ii) the Board shall not pay any contributions under the scheme in respect of the secondment period, but that part of the contributions payable by him as aforesaid which is equal to the amount of the contributions which the Board would have paid under the scheme in respect of the secondment period if he had remained without secondment under this subsection in the service of the Board during the secondment period and had been in receipt of remuneration from the Board during that period shall, for the purposes of the scheme, be deemed to have been paid by the Board,

(iii) if the secondment period is terminated by his death or by his retirement from such employment, he shall, for the purposes of the scheme, be deemed to have died in or to have been retired from the service of the Board, as the case may be, and to have been in receipt of remuneration from the Board immediately before such death or retirement, as the case may be,

(iv) if he does not pay or if, having paid contributions under the scheme in accordance with the provisions of this subsection, he ceases to pay contributions as aforesaid, he shall, for the purposes of the scheme, be deemed to have resigned from such employment—

(I) in case he ceases to pay contributions as aforesaid, on the date of the last payment, and

(II) in any other case, immediately before the commencement of the secondment period, and

(v) a reference in this or the next following subsection to the receipt by any person of remuneration from the Board shall be taken as a reference to the receipt by that person of remuneration from the Board at the rate at which he was being remunerated by the Board on the last day of his whole-time employment with the Board before his secondment under this subsection, and

(d) (i) notwithstanding any provisions of the Acts, as amended by this Act, if he is an excluded person and was in the permanent employment of the Board immediately before the commencement of the secondment period, the secondment period shall, for the purposes of the payment of and calculation of the amount of any superannuation benefit to which he is entitled, be deemed to be service of that person which is reckonable for superannuation benefits payable by the Board under section 39 of the Electricity (Supply) Act, 1927, or section 13 of the Superannuation Act of 1942 and he shall, for the purposes aforesaid, be deemed to have been in receipt of remuneration from the Board during the secondment period, and

(ii) if the secondment period is terminated by his death or by his retirement from such employment, he shall, for the purposes aforesaid, be deemed to have died in or to have been retired from the service of the Board, as the case may be, and to have been in receipt of remuneration from the Board immediately before such death or retirement, as the case may be.

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