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Section 50 Overhead lines.C1

United Kingdom

(1)

Section 37(1) of the M1Electricity Act 1989 (which requires the consent of the Secretary of State to overhead lines) shall not apply in relation to any electric line which—

(a)

for the purposes of or in connection with the exercise of any of the powers conferred by Part I of this Act with respect to works, or

(b)

in pursuance of any provision of Schedule 15 to this Act,

is installed above land within the limits of deviation for the scheduled works or within the limits of land to be acquired or used.

(2)

Schedule 14 to this Act (which makes alternative provision for consent in relation to lines to which subsection (1) above applies) shall have effect.

(3)

On the revocation or expiry of consent under Schedule 14 to this Act, the line to which the consent relates shall cease to be a line to which subsection (1) above applies.

C2(4)

On granting consent under Schedule 14 to this Act to electricity undertakers, the appropriate Ministers may direct that planning permission shall be deemed to be granted for the carrying out of development to which the consent relates, subject to such conditions (if any) as may be specified in the direction.

(5)

In subsection (4) above—

(a)

“electricity undertakers” means the holder of a licence under section 6 of the Electricity Act 1989, and

C3(b)

the reference to the appropriate Ministers is to F1the Secretary of State for Energy Security and Net Zero and F2the Secretary of State for Transport acting jointly.

Annotations

Textual amendments

F1

Words in s. 50(5)(b) substituted (3.5.2023) by The Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023 (S.I. 2023/424), art. 1(2), Sch. para. 8(2) (with art. 17)

F2

Words in s. 50(5)(b) substituted (25.11.2002) by S.I. 2002/2626, art. 20, Sch. 2 para. 21(3)

Marginal citations

M1

1989 c. 29.

Modifications

C1

S. 50 applied (with modifications) (22.3.2001) by S.I. 2001/1451, art. 15(1), Sch. 3 para. 1(a)

C2

S. 50(4): functions transferred (3.5.2023) by The Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023 (S.I. 2023/424), arts. 1(2), 7(1) (with art. 17)

C3

S. 50(5)(b) transfer of functions (5.3.2009) by Secretary of State for Energy and Climate Change Order 2009 (S.I. 2009/229), arts. 1(2), 4, Sch. 1(f)