Electricity (Supply) (Amendment) Act, 1945

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PART V.

Particular Powers and Duties of the Board.

Construction, etc., of transport works by the Board.

30.—(1) (a) The Minister may, on the application of the Board, make an order (in this section referred to as a transport works order) under this subsection authorising the Board to construct, maintain and operate, for the purposes of the performance by the Board of any of its functions under the Electricity (Supply) Acts, 1927 to 1942, or this Act, the transport works specified therein in such manner, subject to such restrictions and provisions, and on such terms as the Minister thinks proper and specifies in the order;

(b) every application for a transport works order shall be accompanied by a draft of the proposed order, a plan of the proposed transport works and a book of reference to such plan, and such draft, plan and book of reference shall be in such form as the Minister may direct;

(c) where an application is made for a transport works order the Board, if so required by the Minister, shall—

(i) deposit and make available for inspection, in accordance with the directions of the Minister, a copy of the plan and the book of reference which accompanied the application,

(ii) publish, in accordance with the directions of the Minister, such notices as the Minister shall specify in that behalf.

(2) For the purpose of the exercise of the powers conferred on the Board by a transport works order, it shall be lawful for the Board to do all or any of the following things, that is to say:—

(a) acquire (either permanently or temporarily and either by agreement or compulsorily) any land or any easement, way-leave, or other right over or in respect of any land;

(b) terminate, restrict, or otherwise interfere with (either permanently or temporarily and either by agreement or compulsorily) any easement, way-leave, or other right over or in respect of any land;

(c) divert, close, remove, or otherwise interfere with (either permanently or temporarily and either by agreement or compulsorily) any private road, way, or bridge;

(d) subject to the provisions of this Act, close, divert, remove, or otherwise interfere with any public road or bridge.

(3) The following provisions shall have effect in relation to every transport works order—

(a) the order shall contain such provisions as the Minister thinks necessary or expedient for the purposes of the order;

(b) without prejudice to the generality of paragraph (a) of this subsection, the order—

(i) shall specify the manner in which the transport works to which the order relates are to be constructed,

(ii) may contain provisions as to the manner in which the said transport works are to be operated and maintained,

(iii) shall contain provisions limiting the use of the said transport works to purposes relating to the performance by the Board of its functions under the Electricity (Supply) Acts, 1927 to 1942, or this Act and to such other purposes (if any) as may be specified in the order,

(iv) shall contain all such provisions as the Minister thinks proper for the protection of the public generally and any persons affected by the order.

(v) may incorporate any provisions (including penal provisions) contained in any enactment relating to railways, with such adaptations and modifications as the Minister thinks proper,

(vi) may provide for the determination by arbitration of any specified questions arising thereunder,

(vii) may, in relation to the exercise of the powers conferred on the Board by subsection (2) of this section, contain provisions to the like effect as those contained in section 8 of this Act,

(viii) may contain such provisions ancillary or incidental to any of the matters aforesaid as the Minister considers necessary and proper.

(4) The Minister may by order under this subsection amend a transport works order.

(5) Every order under this section shall have statutory effect.

(6) Where the Minister makes a transport works order, he may make regulations (not inconsistent with the order) in relation to the manner in which the transport works to which the order relates are to be maintained and operated, and the Board shall comply with any such regulations.

(7) In this section the expression “transport works” means any works being—

(a) a railway, or

(b) a tramway.