OpenLegislation

Section 37 Consent required for overhead lines.C12C1C2C3C4

England, Wales and Scotland

C5C6C7C8C9C10C11(1)

Subject to F1subsections (1A) to F2(2A) below, an electric line shall not be installed or kept installed above ground except in accordance with a consent granted by the F3appropriate authority.

F4(1A)

So far as relating to the installation of an electric line, subsection (1) is subject to section 33(1) of the Planning Act 2008 (exclusion of requirement for other consents for development for which development consent required).

(1B)

So far as relating to keeping an electric line installed, subsection (1) does not apply if keeping the line installed is authorised by an order granting development consent under the Planning Act 2008.

(2)

Subsection (1) above shall not apply—

(a)

in relation to an electric line which has a nominal voltage not exceeding 20 kilovolts and is used or intended to be used for supplying a single consumer;

(b)

in relation to so much of an electric line as is or will be within premises in the occupation or control of the person responsible for its installation; or

(c)

in such other cases as may be prescribed.

F5(2A)

Subsection (1) above shall not apply in relation to an electric line that—

(a)

has a nominal voltage of 132 kilovolts or less, and

(b)

is associated with the construction or extension of a devolved Welsh generating station granted planning permission F6, infrastructure consent order, or consented to on or after the day on which section 39 of the Wales Act 2017 comes into force.

(2B)

“Devolved Welsh generating station” means a generating station that—

(a)

is in Wales and—

(i)

generates electricity from wind, or

(ii)

has a maximum capacity of 350 megawatts or less; or

(b)

is in Welsh waters and has a maximum capacity of 350 megawatts or less.

(2C)

“Welsh waters” has the meaning given in section 36 above.

(3)

A consent under this section—

(a)

may include such conditions (including conditions as to the ownership and operation of the line) as appear to the F7appropriate authority to be appropriate;

(b)

F8in the case of a consent granted by the Secretary of State, may be varied or revoked by the Secretary of State at any time after the end of such period as may be specified in the consent;

F9(ba)

in the case of a consent granted by the Scottish Ministers, may be revoked by the Scottish Ministers at any time after the end of such period as may be specified in the consent (see sections 37A to 37C as regards the variation of consents granted by the Scottish Ministers); and

(c)

subject to F10paragraphs (b) and (ba) above, shall continue in force for such period as may be specified in or determined by or under the consent.

(4)

Any person who without reasonable excuse contravenes the provisions of this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5)

No proceedings shall be instituted in England and Wales in respect of an offence under this section except by or on behalf of the Secretary of State.

F11(6)

In this section “appropriate authority” means—

(a)

the Scottish Ministers, in relation to an electric line installed above land in Scotland;

(b)

the Secretary of State in all other cases.

Annotations

Textual amendments

F1

Words in s. 37(1) substituted (1.3.2010) by Planning Act 2008 (c. 29), s. 241(8), Sch. 2 para. 33(2) (with s. 226); S.I. 2010/101, art. 2 (with art. 6)

F2

Word in s. 37(1) substituted (1.4.2019) by Wales Act 2017 (c. 4), ss. 42(2), 71(4) (with Sch. 7 paras. 1, 6, 8); S.I. 2017/1179, reg. 5(a)

F3

Words in s. 37(1) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(1)(k), Sch. 1 para. 5(2) (with s. 116)

F4

S. 37(1A)(1B) inserted (1.3.2010) by Planning Act 2008 (c. 29), s. 241(8), Sch. 2 para. 33(3) (with s. 226); S.I. 2010/101, art. 2 (with art. 6)

F5

S. 37(2A)-(2C) inserted (1.4.2019) by Wales Act 2017 (c. 4), ss. 42(3), 71(4) (with Sch. 7 paras. 1, 6, 8); S.I. 2017/1179, reg. 5(a)

F6

Words in s. 37(2A)(b) inserted (W.) (15.12.2025) by Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 3(3) (with s. 84(5)); S.I. 2025/698, art. 3(l)

F7

Words in s. 37(3)(a) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(1)(k), Sch. 1 para. 5(3)(a) (with s. 116)

F8

Words in s. 37(3)(b) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(1)(k), Sch. 1 para. 5(3)(b) (with s. 116)

F9

S. 37(3)(ba) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(1)(k), Sch. 1 para. 5(3)(c) (with s. 116)

F10

Words in s. 37(3)(c) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(1)(k), Sch. 1 para. 5(3)(d) (with s. 116)

F11

S. 37(6) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(1)(k), Sch. 1 para. 5(4) (with s. 116)

Modifications

C1

S. 37 excluded (16.3.1992) by Midland Metro Act 1992 (c. vii), s. 10(3)

C2

S. 37 modified (S.) (27.5.1997) by 1997 c. 8, ss. 57(2), 278(2) (with ss. 64, 219)

C3

S. 37: transfer of certain functions (S.) (1.7.1999) by S.I. 1999/1750, art. 2, Sch. 1 (with art. 7)

C4

S. 37 excluded (19.11.2004) by The Scarweather Sands Offshore Wind Farm Order 2004 (S.I. 2004/3054), arts. 1, 26 (with art. 38)

C5

S. 37(1) excluded (1.1.1993) by S.I. 1992/3074, reg.3

C6

S. 37(1) excluded (18.12.1996) by 1996 c. 61, s. 50(1)

C7

S. 37(1) excluded (22.7.2008) by Crossrail Act 2008 (c. 18), s. 4(1)

C8

S. 37(1) excluded (E.W.) (6.4.2009) by The Overhead Lines (Exemption) (England and Wales) Regulations 2009 (S.I. 2009/640), regs. 1(3), 3-5

C9

S. 37(1) excluded (S.) (1.11.2013) by The Overhead Lines (Exemption) (Scotland) Regulations 2013 (S.S.I. 2013/264), regs. 1, 3(1) (with regs. 3(3), 4, 5, 6(2))

C10

S. 37(1) excluded (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), ss. 31(1), 70(1)

C11

S. 37(1) excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), ss. 26(1), 64(1)

C12

S. 37 restricted by S.I. 1990/442, art. 3(1)(b)

Notes on Part I

Modifications

C1

Pt. I modified (5.10.2004) by Energy Act 2004 (c. 20), ss. 184(12), 185(13), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1

C2

Pt. I modified (S.) (30.11.2005) by The Electricity from Non-Fossil Fuel Sources (Scotland) Saving Arrangements Order 2005 (S.S.I. 2005/549), arts. 1(1), 9

C3

Pt. 1 excluded (30.12.2015) by The Port Talbot Steelworks Generating Station Order 2015 (S.I. 2015/1984), arts. 1, 7(2) (with art. 26)

C4

Pt. I (ss. 1-64) applied (1.10.2001) by S.I. 2001/3264, regs. 4(2), 5(2)

C5

Pt. I (ss. 1-64) amended (E.W.) (27.10.2000) by S.I. 2000/2727, art. 10

Pt. I (ss. 1-64) amended (7.11.2000) by 2000 c. 27, s. 105(1)(a); S.I. 2000/2974, art. 2, Sch. (subject to transitional provisions in arts. 3-12)

Pt. I (ss. 1-64) amended (E.W.) (1.10.2001) by S.I. 2000/2727, art. 10 (as substituted (1.10.2001) by S.I. 2001/3268, art. 2(13))