Electricity (Supply) Act 1927

Compulsory acquisition of land, etc., by the Board.

45

45.—(1) If and whenever the Board thinks proper to acquire compulsorily any land or to acquire or use compulsorily any easement or other right over land or any right of impounding, diverting, or abstracting water for the purpose of the exercise of any of the powers or the performance of any of the duties or functions conferred or imposed on it by this Act, the Board may by special order declare its intention so to acquire such land or so to acquire or use such right, and every such special order shall operate to confer on the Board full power to acquire compulsorily the land or to acquire or use compulsorily the right mentioned therein under and in accordance with this section.

(2) The Board shall not make a special order under this section in relation to the compulsory acquisition of a right of impounding, diverting, or abstracting water without previous consultation with the Minister for Fisheries.

(3) The Board shall not make a special order under this section in relation to the compulsory acquisition of a right of impounding, diverting, or abstracting water in or from any canal without previous consultation with the Minister.

(4) Before making a special order under this section, the Board—

(a) shall deposit and keep open for inspection in its principal office or some other suitable place such plans, specifications, and other documents as will show fully and clearly the land or right intended to be acquired or used by virtue of the order, and

(b) 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

(c) shall, if it considers it expedient so to do, cause a public inquiry to be held in regard to the making of the 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 Board F24[or a holder of an authorisation under section 16 of the Electricity Regulation Act 1999, as the case may be], 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 F25[or with this section].

(6) Nothing in this section shall authorise the Board to acquire use, or otherwise interfere with compulsorily under this section 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 a special order in that behalf 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

Amendments:

F24

Inserted (14.07.1999) by Electricity Regulation Act 1999 (23/1999), s. 43, S.I. No. 213 of 1999.

F25

Inserted (13.09.1934) by Electricity (Supply) (Amendment) (No. 2) Act 1934 (38/1934), s. 17(1), commenced on enactment.

Modifications (not altering text):

C46

Application of subs. (1) extended and reference to the making of special orders construed (14.07.1999) by Electricity Regulation Act 1999 (23/1999), s. 47(1), S.I. No. 213 of 1999.

Compulsory acquisition of land by Commission, etc.

47.—(1) Subject to subsection (2) the power to make a special order conferred on the Board by section 45(1) of the Principal Act shall be exerciseable by the Commission and not by the Board on the application of the Board or a holder of an authorisation or a person who has applied for an authorisation and any references in that Act to the making of special orders shall be construed as references to the making of such orders by the Commission.

...

C47

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:

E32

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.

E33

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.

E34

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.

E35

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.