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27 1927

ELECTRICITY (SUPPLY) ACT, 1927

PART V.

Miscellaneous and General.

Number of arbitrators.

87. —Any matter or thing which is by this Act or any order or regulation made thereunder directed to be determined by an arbitrator appointed by the Minister shall be determined by one such arbitrator or such greater number of arbitrators as the Minister shall in regard to each such matter direct, and whenever the Minister directs that any such matter shall be determined by a greater number of arbitrators than one all references in this Act to the appointment of an arbitrator by the Minister or to the arbitrator so appointed shall in relation to such matter be construed as references to such appointment of such number of arbitrators or to such number of arbitrators so appointed.

Appointment of arbitrators by the Minister.

88. —(1) The Minister may after consultation with the Attorney-General appoint a fit and proper person to be an arbitrator to determine any matter which is by this Act or any order or regulation made thereunder directed to be determined by an arbitrator appointed by the Minister.

(2) There shall be paid to every arbitrator appointed under this Act such fee in respect of every arbitration held by him under this Act as shall be determined by the Minister with the approval of the Minister for Finance and such fee shall be paid by such party to such arbitration or by the parties to such arbitration in such proportions as the arbitrator in his award shall determine.

(3) Every arbitrator appointed under this Act shall have power by notice in writing signed by him to summon witnesses and to require the production of books and other documents, and any person so summoned who fails to attend or refuses to give evidence before such arbitrator and any person who fails or refuses to produce any book or other document the production of which is so required of him shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

(4) All evidence given before an arbitrator appointed under this Act shall be given on oath which oath such arbitrator is hereby empowered to administer, and any person who gives false evidence before any such arbitrator shall be guilty of perjury and punishable accordingly.

(5) An arbitrator appointed under this Act shall have power in his discretion to award to any party to the arbitration his costs and expenses in relation to the arbitration or any part thereof to be paid to him by any other party to such arbitration, and whenever any such arbitrator so awards any such costs or expenses he shall have power to fix the amount of the costs and expenses so awarded.

(6) An arbitrator appointed under this Act shall have power to adjourn the arbitration as he thinks fit and shall also have power to inspect and examine and for that purpose to enter upon any lands and premises the subject of the arbitration or in relation to which the arbitration is held.

Contributions to certain associations.

89. —(1) The Board and also any authorised undertaker with the consent of the Board may contribute such sums as (in the case of the Board) the Board and (in the case of an authorised undertaker) such authorised undertaker thinks fit to any associations of persons engaged in the generation, supply, or distribution of electricity founded for the promotion of their mutual interests and to any societies formed for the promotion and encouragement of the development and use of electricity and for the improvement of knowledge and education in respect of electricity.

(2) The Board and also any authorised undertaker with the consent of the Board may pay the reasonable expenses of the attendance at any conference or meeting of any such association as aforesaid of (in the case of the Board) any member, officer or servant of the Board and (in the case of an authorised undertaker) of any person appointed by such undertaker to be his representative at such conference or meeting.

Stand-by supplies.

90. —(1) Notwithstanding anything in this Act or in any other Act or any order made under any such Act, a person shall not be entitled to demand or continue to receive for the purposes of a stand-by supply only from the Board or an authorised undertaker a supply of electricity for any premises having a separate supply of electricity or a supply (in use or ready for use for the purposes for which the stand-by supply of electricity is required) of gas, steam or other form of energy unless he has agreed with the Board or such authorised undertaker (as the case may be) to pay such minimum annual sum to be determined (in case of any dispute or question) in the manner hereinafter mentioned as will give to the Board or the authorised undertaker (as the case may be) a reasonable return on the capital expenditure incurred in providing such stand-by supply and cover other standing charges incurred in order to meet the possible maximum demand for those premises.

(2) If any dispute or question arises between any person and an authorised undertaker as to the amount of such minimum annual sum as aforesaid such dispute or question shall be determined by the Board and if any such dispute or question arises between any person and the Board such dispute or question shall be determined by the Minister or, if the Minister so thinks fit, by an arbitrator appointed by him.

Use of electric lines, etc., in or across streets or open spaces.

91. —(1) Where in any case previous to the passing of this Act any electric line or other work shall have been constructed in, over, along, across, or under, any street or open space for electrical purposes or shall have been constructed in any other position for such purposes in such a manner as not to be entirely enclosed within any building where any electric line or work so constructed may be used for such purpose, such electric line or work shall be continued and used only in accordance with the regulations prescribed by the Board under this Act for the protection of the public safety and of other electric lines and works lawfully placed in any position.

(2) From and after the passing of this Act it shall not be lawful for any authorised undertaker or other person to commence any such work as is mentioned in the foregoing sub-section without the consent of the Minister before the constitution of the Board and after the constitution of the Board without the consent of the Board.

(3) In case of non-compliance with the provisions of this section, the Board may by notice in writing require the person owning or using or entitled to use such electric line or work to remove the electric line or work.

(4) If any authorised undertaker or other person fails to comply with a notice served upon him by the Board under this section, such authorised undertaker or other person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a penalty not exceeding twenty pounds and any court of summary jurisdiction on complaint made may make an order directing and authorising the removal of any electric line or work specified in such notice by such person and upon such terms as such court thinks fit.

(5) Where the consent of the Board is obtained to the placing of any electric line above ground the consent of the local authority shall not be required, anything in this or any other Act or in any Provisional Order or special Act relating to the undertaking to the contrary notwithstanding, but the Board before giving its consent shall give the local authority an opportunity of being heard.

Use of electricity supplied to railway company, etc.

92. —Notwithstanding anything contained in any Act or Order, electricity supplied by an authorised undertaker within his district to any company or authority being the owners or lessees of a railway, tramway, dock, harbour, or canal undertaking may be used by the company or authority receiving the supply for the purposes of haulage or traction or for lighting vehicles or vessels used on the railway, tramway, dock, harbour, or canal or any part thereof, or, subject to the consent of the Board for lighting any of the premises thereof.

Prevention of preferential treatment.

93. —Where a supply of electricity is provided in any part of an area for private purposes, then, except in so far as is otherwise provided by the terms of the order or special Act authorising such supply, every person within that part of the area shall, on application, be entitled to a supply on the same terms on which any other person in such part of the area is entitled under similar circumstances to a corresponding supply.

Notice to be given to undertakers before removing.

94. —(1) Twenty-four hours' notice in writing shall be given to the authorised undertaker by every consumer before he quits any premises supplied with electricity by the authorised undertaker, and, in default of such notice, the consumer so quitting shall be liable to pay to the authorised undertaker the money accruing due in respect of such supply up to the next usual period for ascertaining the register of the meter on such premises or the date from which any subsequent occupier of such premises may require the authorised undertaker to supply electrical energy to such premises, whichever shall first occur.

(2) Notice to the effect of this section shall be given to every consumer in one or more of the following ways, that is to say:—

(a) by including such notice in every agreement entered into with a consumer, or

(b) by specially serving such notice on every consumer, or

(c) by endorsing such notice on every demand note for charges for electricity.

Exemption of agreements for the supply of electricity from stamp duty.

95. —Electricity shall be deemed to be goods, wares, or merchandise for the purpose of section fifty-nine of the Stamp Act, 1891 (which makes certain contracts chargeable with stamp duty as conveyances on sale), and also for the purposes of the exemption numbered 3 under the heading “Agreement or any memorandum of an agreement” contained in the First Schedule to that Act.

Exemption of Shannon works from rates.

96. —The Shannon works (including any portion thereof separately handed over to the Board by the Minister under this Act) shall, while in the exclusive possession and control of the Board, be exempt from assessment for poor rate and also from assessment for any other rate made by a local authority.

Power to carry out agreements.

97. —Whenever any authorised undertaker is authorised by or under this Act to enter into an agreement or arrangement with any other authorised undertaker or any other person for any purpose, it shall, subject to the provisions of this Act, be lawful for such authorised undertaker or other person to enter into and carry into effect such agreement or arrangement.

Lopping of trees by the Board or an authorised undertaker.

98. —(1) The Board and also any authorised undertaker may lop or cut any tree, shrub, or hedge which obstructs or interferes with any electric wires of the Board or of such authorised undertaker.

(2) Before lopping or cutting any tree, shrub, or hedge under this section the Board or such authorised undertaker shall give to the occupier of the land or in the case of a road or street to the local authority charged with the maintenance of such road or street on which such tree, shrub, or hedge is standing seven days notice of its or his intention to lop or cut the same and such occupier or such local authority may if he or it (as the case may be) so desires and so informs the Board or such authorised undertaker within such seven days himself or itself carry out such lopping or cutting.

(3) When an occupier of land cuts or lops any tree, shrub, or hedge under this section the expense incurred by him in so doing shall be paid to him on demand by the Board or such authorised undertaker (as the case may be) and the amount of such expenses shall in default of agreement be fixed, if payable by the Board, by an arbitrator appointed by the Minister or, if payable by such authorised undertaker, by the Board.

Power to cut off supply.

99. —If any person neglects to pay any charge for electricity or any other sum due from him to the Board or to an authorised undertaker in respect of the supply of electricity to him, the Board or such authorised undertaker (as the case may be) may cut off such supply, and for that purpose may cut or disconnect any electric line or other work through which electricity may be supplied, and may, until such charge or other sum together with any expenses incurred by the Board or by such authorised undertaker in cutting off such supply of electricity as aforesaid are fully paid, but no longer discontinue the supply of electricity to such person.

Expenses of certain necessary alterations.

100. —If any person does any matter or thing which such person is by or under any statute authorised to do and which necessitates an alteration in any part of any transmission system or of any distribution system for the time being vested in the Board, the Board shall make such alteration, and the expenses incurred by the Board in making such alteration shall be paid to the Board by such person as aforesaid, and the amount of such expenses so to be paid shall, in default of agreement, be fixed by an arbitrator appointed by the Minister.

Erection, etc., of aerials.

101. —It shall not be lawful for any person to erect or have or maintain any aerial for the transmission and reception or the transmission or the reception only of messages or other communications by wireless telegraphy in any place or position prohibited by the regulations made by the Board under this Act in relation to the erection and maintenance of such aerials.

Extension of time for construction of electrical works.

102. —(1) Notwithstanding anything contained in any special Act or any provisional or other order in force at the date of the passing of this Act fixing a period of time for the completion of any electrical works specified in such Act or order the Board may by an order under this section—

(a) extend the time mentioned in such Act or order for the completion of such works for such further period as shall be specified in that behalf by the Board in such order, and

(b) may by the same or any subsequent order direct that the works to which such order relates be carried out subject to the alterations (whether by way of variation, addition, or omission) specified in such order.

(2) The special Act or provisional or other order to which an order made by the Board under this section relates shall when such order is made by the Board have effect subject to the provisions of such order.

Authorised gas undertakers.

103. —(1) In this section the expression “authorised gas undertaker” means a person who is for the time being authorised by any local or personal Act of the United Kingdom Parliament or any private Act of the Oireachtas or any provisional or other order made under statutory authority (whether before or after the establishment of Saorstát Eireann) to supply gas to the public in any specified area and by virtue of such Act or Order has for the time being the right of so supplying gas in such area, and the expression “area of gas supply” means an area within which an authorised gas undertaker is for the time being so authorised to supply gas to the public and has for the time being the right of so supplying gas.

(2) An authorised gas undertaker may with the consent of the Minister and notwithstanding anything to the contrary contained in the Act or order constituting him to be such undertaker, become an authorised undertaker under this Act and whenever the Board constitutes an authorised gas undertaker to be an authorised undertaker the Board may with the consent of the Minister and, if so required by the Minister, shall insert in the special order effecting such constitution such special provisions, limitations, and conditions (including the keeping of separate accounts) as it thinks proper or (as the case may be) as the Minister may require and in particular may with the like consent by such special order authorise such undertaker to employ his funds and to raise capital and borrow money for the purposes of the electricity undertaking authorised by such order and, may prescribe an area of supply either co-extensive with or greater or less than the area of gas supply of such undertaker.

(3) An authorised gas undertaker may with the consent of the Minister expend his funds in applying to the Board for a special order constituting him to be an authorised undertaker in doing all such things as may be reasonably necessary for or incidental to the obtaining or endeavouring to obtain such order.

Relief of gas undertaker from obligation to supply gas.

104. —(1) Where any gas undertaker is authorised by any special Act, Provisional or other Order or licence to supply gas in any area which is included in the area of supply of an authorised undertaker, and such gas undertaker is by virtue of such Act, Order, or licence under any general or limited obligation to supply gas upon demand, the Minister may, upon the application of such gas undertaker, inquire into the circumstances of the case, and if he is satisfied that any specified part of such area is sufficiently supplied with electricity, and that the supply of gas in such specified part has ceased to be remunerative to the said gas undertaker and that it is just that the said gas undertaker should be relieved from the obligation to supply gas upon demand as aforesaid, the Minister may in his discretion make an order relieving the said gas undertaker from such obligation within such specified part of such area either wholly or in part, and upon such terms and conditions as he thinks proper.

(2) From and after the date of an order under this section, the gas undertaker to whom the order relates shall, within such area, to the extent, and upon the terms and conditions specified in the order, be relieved from the said obligation to supply gas upon demand.

(3) All expenses incurred by the Minister in connection with the making of an order under this section, or in connection with any inquiry in relation to the making of such an order (whether an order is actually made or not) shall be borne and paid by the gas undertaker upon whose application the inquiry or order was made.

Transfer to the Board of certain functions of the Commissioners of Public Works.

105. —(1) The Executive Council may by order transfer from the Minister or the Commissioners of Public Works in Ireland (in this section referred to as the Commissioners) respectively to the Board all or any of the functions, powers, and duties conferred or imposed by or under any statute on the Minister or the Commissioners (as the case may be) in relation to the care or conservancy of the navigation or the drainage of the River Shannon or any tributary thereof or of works constructed for the improvement of such navigation or drainage, and any such order may transfer all or any of such functions powers, and duties in relation either to the whole or to any particular parts or part of the said River or any tributary thereof.

(2) Where by reason of the existence of the Shannon works it is impracticable for the Commissioners to exercise the functions and powers or perform the duties conferred or imposed on them by any such statute as aforesaid in accordance with the provisions of such statute the Commissioners shall exercise such functions and powers and perform such duties as nearly as may be practicable, having regard to the existence of the said works, in accordance with the provisions of such statute, and upon an order being made by the Executive Council under this section transferring all or any of such functions, powers and duties to the Board, the Board shall exercise the functions and powers and perform the duties to which such order relates as nearly as may be practicable, having regard to the existence of the said works, in accordance with the provisions of such statute.

(3) Whenever any functions, powers, or duties are transferred to the Board by an order under this section the Executive Council may by the same or any subsequent order authorise and require the Board to exercise and perform all or any of such functions, powers, and duties in relation to all or any of the canals, locks, wharves, piers, landing places, quays, or other works constructed by the Minister under the Shannon Electricity Act, 1925 (No. 26 of 1925), and upon such order being made the works to which such order relates shall be deemed to be included in the works in relation to which such functions, powers, and duties are exercisable by virtue of the statute by which the same were created and such statute (with such modifications, if any, as are specified in such order) shall be construed and have effect accordingly.

(4) Whenever any functions, powers, or duties are transferred from the Commissioners to the Board by an order under this section the Executive Council may by the same or any subsequent order transfer to and vest in the Board all or any of the locks, lock-houses, eel-weirs, or other property which immediately before the date of such order were vested in the Commissioners and were used by them either for the purpose of or in connection with the exercise or performance of the functions, powers, or duties so transferred or for the purpose of providing revenue for the exercise or performance of such functions, powers, or duties.

(5) Whenever any functions, powers, or duties are transferred from the Commissioners to the Board by an order under this section the Executive Council may by the same or any subsequent order transfer from the service of the Commissioners to the service of the Board any person employed by the Commissioners in relation to or for the purpose of the exercise or performance of such functions, powers, or duties, and every person so transferred shall thereupon become and be a servant of the Board upon the same terms as to remuneration and superannuation, pension or gratuity (if any) as those on which he was employed by the Commissioners immediately before such transfer and shall for the purpose of such superannuation, pension or gratuity (if any) be entitled to reckon his period of service with the Commissioners as service with the Board.

(6) Whenever any functions, powers, or duties are transferred from the Commissioners to the Board by an order under this section the Executive Council may by the same or any subsequent order impose on the Board the obligation to pay as from the date of such order any pension which at the date of such order is payable by the Commissioners to a person formerly employed by the Commissioners in relation to or for the purpose of the exercise or performance of such functions, powers, and duties, and thereupon the Board shall become and be liable to indemnify the Commissioners against all and every liability in respect of such pension as from the date of such order.

(7) An order made by the Executive Council under this section transferring any functions, powers or duties from the Commissioners to the Board may be expressed and if so expressed shall operate to require the Board to keep a separate account in relation to the exercise by it of the functions and powers and the performance by it of the duties to which such order relates and may be expressed and if so expressed shall operate to require that the functions, powers and duties to which such order relates be exercised and performed by officers and servants of the Board employed by it solely in relation to such functions, powers and duties.

(8) No order made under this section shall come into operation until it has been laid before each House of the Oireachtas and has been approved by resolution of each such House.

Prohibition of navigation in the River Shannon at certain periods.

106. —(1) At any time before the handing over of the Shannon works to the Board under this Act is completed, the Minister, notwithstanding any enactment declaring the River Shannon to be a public navigable river, may by order, if the Minister sees fit so to do for the purposes of the operation of the Shannon works or of the doing of any matter or thing which the Minister is authorised to do by the Shannon Electricity Act, 1925 (No. 26 of 1925), prohibit navigation in or upon the River Shannon or any particular part thereof specified in such order for the period of time specified in that behalf in such order.

(2) Where as a result of an order made by the Minister under the foregoing sub-section prohibiting navigation in or upon the River Shannon or any particular part thereof any water-right, fishing right, or other right existing in respect of the River Shannon or the part thereof to which such order relates is terminated, restricted or otherwise interfered with, the termination, restriction or interference of such water-right, fishing right or other right shall for the purposes of sub-section (1) of section 4 of the Shannon Electricity Act, 1925 (No. 26 of 1925) be deemed to be authorised by that Act and the said Act shall apply accordingly.

(3) When the handing over of the Shannon works to the Board under this Act is completed the Board, notwithstanding any such enactment as aforesaid, may by order, for the purposes of the operation of the Shannon works or of the exercise of any of the powers or the performance of any of the duties or functions conferred and imposed on the Board by or under this Act prohibit navigation in or upon the River Shannon or any particular part thereof specified in such order for such limited period of time specified in that behalf in such order as may be required by the Board for the purposes aforesaid.

(4) Every order made under this section shall operate and be expressed to prohibit the passage of any person with any boat, barge, lighter or other vessel in or upon the waters of the River Shannon or the part thereof specified in that behalf in such order during the period of time specified in that behalf in such order.

(5) Every person who contravenes the provisions of an order made under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.

Transfer of powers, etc., under Weights and Measures Acts.

107. —The Minister may by order confer and impose on the Board and upon such order being made the Board shall exercise and perform the powers, functions and duties relating to meters or other electrical apparatus or appliances used or intended to be used for the measurement or determination of electrical quantities conferred and imposed on the Minister by the Weights and Measures Acts, 1878 to 1904, or by any other Act passed before or after the passing of this Act.

Inspection of apparatus.

108. —(1) Any officer appointed by the Board or an authorised undertaker may at all reasonable times do all or any of the following things on any premises to which electricity is or has been supplied by the Board or such authorised undertaker (as the case may be) that is to say:—

(a) inspect the electric lines, meters, accumulators, fittings, works, and other apparatus for the supply of electricity belonging to the Board or such authorised undertaker, or connected directly or indirectly to any apparatus for the supply of electricity belonging to the Board or such authorised undertaker,

(b) ascertain the quantity of electricity consumed or supplied on those premises,

(c) when lawfully entitled so to do, cut off the supply of electricity from those premises,

(d) when lawfully entitled so to do, remove any electric lines, accumulators, fittings, works, or apparatus belonging to the Board or such authorised undertaker.

(2) Any such officer as aforesaid may at all reasonable times enter any premises to which electricity is or has been supplied by the Board or such authorised undertaker (as the case may be) for the purpose of doing any thing which he is authorised by this section to do on those premises.

(3) Whenever an officer of the Board or of an authorised undertaker exercises any of the powers conferred by this section, the Board or such authorised undertaker (as the case may be) shall repair all damage caused by the exercise of such powers.

Prohibition of discharge of corrosive matter into River Shannon.

109. —(1) It shall not be lawful for any person, save with the permission in writing of the Board and in accordance with the conditions as to time, place, and manner stated in such permission, to deposit, discharge, or allow to escape directly or indirectly from any premises or place or any vessel in or into the River Shannon or in or into any canal or other artificial waterway constructed under the Shannon Electricity Act, 1925 (No. 26 of 1925) any chemical or other substance (whether solid or liquid) of a nature calculated to corrode, erode, entangle, stop, break, or otherwise injure the Shannon works or any part thereof.

(2) Every person who deposits, discharges, or allows to escape directly or indirectly in or into the River Shannon or any such canal or artificial waterway as aforesaid any chemical or other substance (whether solid or liquid) in contravention of this section and the owner of the premises or place or the master and also the owner of the vessel from which such substance is so deposited, discharged, or allowed to escape shall be guilty of an offence under this section, and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds, together with, in the case of a continuing offence, a fine not exceeding twenty pounds for every day on which the offence continues.

(3) In this section the expression “the River Shannon” does not include any part of that river below Parteen Villa but does include every tributary of that River entering it above Parteen Villa and every lake, pond, canal, or artificial waterway on or communicating directly or indirectly with the River Shannon above Parteen Villa.

Application to electricity of section 4 of the Conspiracy and Protection of Property Act, 1875.

110. —Section 4 of the Conspiracy and Protection of Property Act, 1875 (which relates to breaches of contract by persons employed in the supply of gas or water), shall extend to persons employed by the Board or by any authorised undertaker or permitted undertaker in like manner as it applies to persons mentioned in that section, with the substitution of references to electricity for the references to gas or water.

Penalty for malicious injury.

111. —Any person who unlawfully and maliciously cuts or injures any electric line or work with intent to cut off or diminish any supply of electricity shall be guilty of felony, and be liable to be kept in penal servitude for any term not exceeding five years, or to be imprisoned with or without hard labour for any term not exceeding two years.

Saving of rights, etc., of Minister for Posts and Telegraphs.

112. —Nothing in this Act shall deprive the Minister for Posts and Telegraphs of any rights and remedies under the existing Telegraph Acts or any statutory adaptation thereof or substitution therefor made by or under the authority of the Oireachtas.

Repeals.

113. —The several Acts specified in the Second Schedule to this Act are hereby repealed to the extent mentioned in the third column of that Schedule.

Short title.

114. —This Act may be cited as the Electricity (Supply) Act, 1927.