Electricity Act 1989 Flashcards
What does the act provide electricity companies with?
- Powers of compulsory purchase
- Powers to secure agreement for existing apparatus
- Powers to place new apparatus if proven requirement
What agreements can be used for electricity lines on land?
- Permanent Easement
- Short Term Easement
- Annual Wayleave (most common)
- Necessary Wayleave
- No Agreement
What is a “Necessary Wayleave”?
A wayleave issued by a Court or Secretary of State following notice to quit on annual wayleave for the grant of a wayleave by necessity for a term certain, usually 15 years or less.
What happens if there is no agreement with a landowner?
The landowner can service a notice to remove without serving a notice to quit. A company has less time to negotiate or apply for a Necessary Wayleave.
What can an electricity company do when given Schedule 4 Notice to Remove?
The company has 3 months to either:
1. Negotiate with landowner
2. Apply for a Necessary Wayleave
3. Make a Compulsory Purchase Order
If none of the above is achieved, then the company must remove their apparatus.
How are existing wayleaves capitalised?
Generally valued on a 20 years capitalisation of annual wayleave plus right to claim for depreciation and injurious affection. Generally required surrender of annual wayleave in favour of a Deed of Grant of Easement.
How would an agreement be made for new apparatus?
- Company give 21 days notice requiring an owner to grant a wayleave.
- If landowner refuses consent then the company can apply for a permanent easement under compulsory (Schedule 3) or a necessary wayleave (Schedule 4).
- Company will need to prove need, and it cannot go over a dwelling or planning permission.
- Electricity Act give companies the right to add fibre optics for their own use but if for third-parties then a new wayleave agreement will be required.
