Paragraph 6
Where an application for consent under section 37 of this Act states that all necessary wayleaves have not been agreed with owners and occupiers of land proposed to be crossed by the electric line, the F1appropriate authority may—
give notice to the applicant that F2the appropriate authority does not intend to proceed with the application until the appropriate authority is satisfied, with respect to all the land over which wayleaves have not been agreed, that the applicant has applied to the appropriate authority for consent under paragraph 6 (acquisition of wayleaves) of Schedule 4 to this Act; or
grant F3... consent subject to the condition (either in respect of the whole of the line or in respect of any part of it specified in the consent) that the work is not to proceed until the appropriate authority has given ... permission.
In determining at any time whether to give permission for any work to proceed, either generally or in respect of any part of the line, the F4appropriate authority—
shall have regard to the extent to which the necessary wayleaves have been agreed by that time; and
in so far as any such wayleaves have not then been agreed in respect of any part of the line, shall take into account any prejudicial effect which, in F5the opinion of the appropriate authority, the giving of permission (whether in respect of that part or of any adjacent part of the line) might have on any subsequent proceedings relating to the outstanding wayleaves.
Annotations
Textual amendments
- F1
Words in Sch. 8 para. 6(1) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(1)(k), Sch. 1 para. 11(2)(a) (with s. 116)
- F2
Words in Sch. 8 para. 6(1)(a) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(1)(k), Sch. 1 para. 11(2)(b) (with s. 116)
- F3
Word in Sch. 8 para. 6(1)(b) omitted (18.2.2026) by virtue of Planning and Infrastructure Act 2025 (c. 34), s. 118(1)(k), Sch. 1 para. 11(2)(c) (with s. 116)
- F4
Words in Sch. 8 para. 6(2) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(1)(k), Sch. 1 para. 11(3)(a) (with s. 116)
- F5
Words in Sch. 8 para. 6(2)(b) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(1)(k), Sch. 1 para. 11(3)(b) (with s. 116)
Notes on Schedule 8
Textual amendments
- F1
Words in Sch. 8 heading inserted (1.4.2019) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 50(2) (with Sch. 7 paras. 1, 6, 8); S.I. 2017/1179, reg. 5(b)
Modifications
- C1
Sch. 8: transfer of certain functions (S.) (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)
- C2
Sch. 8 modified in part (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 12(5)(a), 324(3); S.I. 2010/298, art. 2, Sch. para. 4 (with art. 4(1))
- C3
Sch. 8 modified (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), ss. 31(2), 70(1)
- C4
Sch. 8 modified (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), ss. 26(2), 64(1)