Electricity (Supply) Act 1927

Way-leaves across land.

53

53.(1) The Board and also any authorised undertaker may, subject to the provisions of this section, and of regulations made by the Board under this Act place any electric line above or below ground across any land not being a street, road, railway, or tramway.

(2) The Board and also any authorised undertaker may attach to any wall, house, or other building any bracket or other fixture required for the carrying or support of an electric line or any electrical apparatus.

(3) Before placing an electric line across any land or attaching any fixture to any building under this section the Board or the authorised undertaker (as the case may be) shall serve on the owner and on the occupier of such land or building a notice in writing stating its or his intention so to place the line or attach the fixture (as the case may be) and giving a description of the nature of the line or fixture and of the position and manner in which it is intended to be placed or attached.

(4) If within fourteen days after the service of such notice the owner and the occupier of such land or building give their consent to the placing of such line or the attaching of such fixture (as the case may be) in accordance with such notice either unconditionally or with conditions acceptable to the Board, or to the authorised undertaker and approved by the Board (as the case may require), the Board or the authorised undertaker may proceed to place such line across such land or to attach such fixture to such building in the position and manner stated in such notice.

F26[(5) If the owner or occupier of such land or building fails within the seven days aforesaid to give his consent in accordance with the foregoing subsection, the Board or the authorised undertaker with the consent of the Board but not otherwise may place such line across such land or attach such fixture to such building in the position and manner stated in the said notice, subject to the entitlement of such owner or occupier to be paid compensation in respect of the exercise by the Board or authorised undertaker of the powers conferred by this subsection and of the powers conferred by subsection (9) of this section, such compensation to be assessed in default of agreement under the provisions of the Acquisition of Land (Assessment of Compensation) Act 1919, the Board for this purpose being deemed to be a public authority.]

(6) Where any authorised undertaker has under any terminable agreement or arrangement, whether made before or after the passing of this Act, placed any electric line across any land or attached any such fixture as aforesaid to any such building as aforesaid, such authorised undertaker may notwithstanding the termination of such agreement or arrangement but subject to the provisions of this section, retain the line across the land or the fixture attached to the building in the same position, on the same terms, and subject to the same conditions as during the continuance of the said agreement or arrangement.

(7) The owner or the occupier of any land or building across or on which an electric line or a fixture is or might be retained under this section after the termination of an agreement or arrangement may by notice in writing served on the authorised undertaker within two months before or at any time after such termination object to the retention of such line or fixture across or on such land or building and thereupon it shall not be lawful for the authorised undertaker to retain such line across such land or such fixture on such building without the consent of the Board.

(8) Where under this section the consent of the Board is required to the placing or retention of an electric line across any land or of a fixture on a building the Board may, if, after giving all parties concerned an opportunity of being heard, it thinks it just, give its consent either unconditionally or subject to such terms, conditions, and stipulations as it thinks just, and in deciding whether to give or withhold its consent or to impose any terms, conditions or stipulations (including the placing of any portion of the line underground) the Board shall, among other considerations, have regard to the effect, if any, on the amenities or value of the land or building of the placing of the line or the attaching of the fixture in the position and manner proposed.

(9) Where the Board or an authorised undertaker is authorised by or under this section to place or retain any electric line across any land or to attach or retain any fixture on any building the Board or such authorised undertaker (as the case may be) may at any time enter on such land or building for the purpose of placing, repairing, or altering such line or such fixture or any line or apparatus supported by such fixture.

Annotations

Amendments:

F26

Substituted (2.04.1985) by Electricity (Supply) (Amendment) Act 1985 (6/1985), s. 1, commenced on enactment.

Modifications (not altering text):

C60

Application of subss. (1), (3), (4), (5), (9) extended and application of subs. (2) restricted (19.06.2014) by ESB (Electronic Communications Networks) Act 2014 (5/2014), ss. 5(1), 6, S.I. No. 286 of 2014.

Way-leaves across land by companies accessing electricity infrastructure of Board

5. (1) Where the Board provides access to any electricity infrastructure of the Board to a company under section 3, that company may, with the consent of the Commission for Energy Regulation, for the purpose of that access, exercise the powers conferred on the Board by subsections (1), (3), (4), (5) and (9) of section 53 of the Principal Act, and that section shall be read accordingly.

...

Non-application of section 53(2) of Principal Act

6. Where the Board engages in any of the businesses referred to in section 2 either alone or with another company or provides to a company access or services referred to in section 3 , subsection (2) of section 53 of the Principal Act does not apply in respect of the business, access or service, as the case may be.

C61

Application of subss. (1) to (5) and subs. (9) extended and references to "Board" construed (14.07.1999) by Electricity Regulation Act 1999 (23/1999), s. 49, S.I. No. 213 of 1999.

49.—A holder of an authorisation or the holder of a direct line permission may, with the consent of the Commission, for the purposes of such authorisation, exercise the powers conferred on the Board by subsections (1) to (5) and (9) of section 53 of the Principal Act and references to the Board in those subsections shall be construed as including references to a holder of an authorisation.

C62

Application of subss. (3), (4) and (5) affected (31.03.1945) by Electricity (Supply) (Amendment) Act 1945 (12/1945), s. 46(4), (5), commenced on enactment.

Electric lines and the laying thereof.

46.— ...

(4) The following provisions shall apply and have effect in relation to the notice required by subsection (3) of section 53 of the Act of 1927 to be served on the owner and the occupier of land or a building, that is to say:—

(a) any such notice may, in lieu of being served personally on such owner or such occupier (as the case may be), be served on him by sending such notice by prepaid post in an envelope addressed to such owner or occupier (as the case may be) at his usual or last known address; and when so sent such notice shall be deemed to be served at the time when such envelope would be delivered in the ordinary course of post;

(b) where for any reason the envelope mentioned in the next preceding paragraph of this subsection cannot be addressed in the manner provided by that paragraph, such envelope may be addressed to the person for whom it is intended in either or both of the following ways, that is to say:—

(i) by the description “the owner” or “the occupier” (as the case may be) without stating his name,

(ii) at the land or building to which the notice contained in such envelope relates.

(5) The period of fourteen days mentioned in subsections (4) and (5) of section 53 of the Act of 1927 is hereby reduced to seven days, and for that purpose the words “seven days” are hereby substituted for the words “fourteen days” wherever the latter words occur in either of the said subsections.

C63

Application of subs. (2) extended (7.06.1935 with retrospective effect) by Electricity (Supply) (Amendment) Act 1935 (20/1935), s. 4, commenced on enactment.

Amendment of section 53 of the Principal Act.

4.—Sub-section (2) of section 53 of the Principal Act shall apply and be deemed always to have applied to any electric line whatsoever and to any electric apparatus whatsoever, including, in particular, any electric line laid above ground along or across any street, road, railway, or tramway and any electric apparatus forming part of or connected with any electric line so laid.

Editorial Notes:

E41

Previous affecting provision: subs. (5) declared to be invalid by Supreme Court in Gormley v ESB [1985] I.R. 129; subs. (5) substituted (2.04.1985) as per F-note above.