Explanatory note

Under section 37 of the Electricity Act 1989, the Secretary of State’s consent is generally required before electric lines may be installed above ground. Under the Overhead Lines (Exemption) (England and Wales) Regulations 2009, certain minor works involving the installation of such lines are exempted from the requirement of consent under section 37.

By virtue of sections 31 and 33(1)(h) of the Planning Act 2008, the installation of certain electric lines with a nominal voltage of 132 kilovolts and above which are defined as nationally significant infrastructure projects for the purposes of that Act by sections 14(1)(b) and 16 of that Act requires a grant of development consent under that Act rather than a consent under section 37 of the Electricity Act 1989. Article 2 carries across to the new Planning Act 2008 regime the exemptions which currently apply under section 37 of the Electricity Act 1989 and the 2009 Regulations. It provides that the installation of an electric line is not a nationally significant infrastructure project if it is exempt from the requirement for section 37 consent by virtue of the 2009 Regulations.