Alteration of pipes and wires under streets.

Different systems of supply.

of the special powers granted by the order. As to Power Acts, see the chapter on that subject.

In order to lay their wires under streets authorised to be broken up, the undertakers may have to deal with existing pipes or wires already placed in such streets. To meet this difficulty, section 15 of the Act of 1882 confers powers on the undertakers, where such pipes or wires interfere with the exercise of their powers, to effect their alteration, subject to compensation and arbitration. Section 17 of the Schedule to the Electric Lighting (Clauses) Act, 1899, sets out in detail the procedure to be observed by the undertakers in order to carry out the powers conferred in this respect. See pp. 113 and 174.

The late Major Sir FRANCIS A. MARINDIN, K.C.M.G., R.E., in the spring of 1889, held an inquiry by direction of the Board of Trade, into the applications for provisional orders and licences then under promotion in respect to the metropolis. There were thirteen such orders, two licences, and one Bill. The inquiry was held in the Town Hall, Westminster, and occupied eighteen days. (See Report dated June, 1889; Parliamentary Paper 189 of 1889.) As the several companies applying for orders were more or less committed to the supply of electricity by one or other of several different systems, the inquiry was, for the most part, directed to the relative advantages and disadvantages of the different proposed modes of supply. The Report (p. 16) states, "This question was the one which was most keenly contested at the inquiry, and the great bulk of the evidence was directed more to the attack and defence of the rival systems than to the question of competition, or to the size of area, which, however, should depend greatly on the system used." These systems may be summarised as (1) the supply by means of high pressure alternating currents, and transformers; and (2) the direct supply by means of continuous currents. As to the relative advantages and disadvantages of these systems, see the views of Major CARDEW, R.E. (then electric adviser to the Board of Trade), as stated on pp. 17 and 18 of the Report.

The Board of Trade do not restrict undertakers to any particular system of supply. Section 10 of the Schedule to the

Electric Lighting (Clauses) Act, 1899, provides that "The energy shall be supplied only by means of some system approved in writing by the Board of Trade, and subject to the Board of Trade Regulations." See p. 163. As to Power Acts, see the chapter on that subject.

If at any time it is established to the satisfaction of the Remedying of system Board of Trade that (a) the undertakers are supplying energy and works. otherwise than by means of a system approved by the Board, or (except in accordance with the provision of the order) have permitted any parts of their circuits to be connected with earth. or placed any electric line above ground; or (b) that any electric lines or works of the undertakers are defective, so as not to be in accordance with the order and Board of Trade Regulations; or (c) that any work of the undertakers or their supply of energy is attended with danger to the public safety or injuriously affects any telegraphic line of the Postmaster-General, the Board of Trade may require the undertakers to abate or discontinue the same within a limited period. If the undertakers make default in complying with the order, they are liable to a penalty. In any case of non-compliance with such an order of the Board of Trade, the provisional order is liable to revocation. See section 69 of the Schedule to the Electric Lighting (Clauses) Act, 1899, p. 205. As to Power Acts, see the chapter on that subject, post.

works.

The third schedule of the new form of provisional order (see Compulsory p. 233) contains a list of the streets throughout which the undertakers must, within two years, lay down suitable and sufficient distributing mains for the purposes of general supply. In addition to the mains above referred to, the undertakers are bound at any time after the expiration of eighteen months after the commencement of the order, to lay down suitable and sufficient distributing mains for the purposes of general supply throughout every other street or part of a street within the area of supply upon being required to do so by requisition (section 21 of the Schedule to the Electric Lighting (Clauses) Act, 1899, p. 181).

Upon default the undertakers (not being a local authority) are liable to a penalty for each day's default, and if the Board of Trade are of opinion, in any case, that such default is wilfully and unreasonably prolonged, the order is liable to be

Obligation to supply under the Lighting

Acts.

No undue preference.

revoked, and where the undertakers are a local authority, the order is also liable to revocation (section 23 of the Schedule to the Electric Lighting (Clauses) Act, 1899, p. 182). The requisition may be made by six or more owners or occupiers of premises, or by the local authority having the control and management of the public lamps. On receiving the requisition, the undertakers may insist upon an agreement or guarantee, and arbitration is provided for in case of difference. section 24 of above-mentioned Schedule, p. 183.

See

A provisional order having been obtained and distributing mains laid, consumers are entitled to demand, and the undertakers are bound to furnish, a supply of electricity subject to the conditions laid down by the Electric Lighting Acts, the Electric Lighting (Clauses) Act, 1899, and the provisional order. Section 19 of the Act of 1882 provides that 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, every company or person within that part of the area shall, on application, be entitled to a supply on the same terms on which any other company or person in such part of the area is entitled under similar circumstances to a corresponding supply. It is further provided by section 20, that the undertakers shall not, in making any agreements for the supply of electricity, show any undue preference to any local authority, company, or person. Section 27 of the Schedule to the Electric Lighting (Clauses) Act, 1899, provides that the undertakers shall, upon being required to do so by the owner or occupier of any premises within fifty yards from any distributing main of the undertakers in which they are for the time being required to maintain or are maintaining a supply of energy for the purposes of general supply to private consumers, give and continue to give, a supply of energy for those premises, and shall furnish and lay any electric lines that may be necessary for the purpose of supplying the maximum power to which such owner or occupier is entitled. This is subject to conditions which may be summed up as follows:-(1) the consumer must pay (if required) the cost of so much of the electric line as may be laid upon his premises, and of so much

of any such electric line as it may be necessary to lay for a Obligation to supplygreater distance than sixty feet from the distributing main contd. although not on such premises; (2) the owner or occupier requiring the supply must serve a notice upon the undertakers specifying the premises and the maximum power required, and a reasonable date upon which the supply is required to commence; (3) he must enter into a written contract* with the undertakers (if required) to take and pay for a supply for at least three years † of such an amount that the payment to be made for the same at the rates being charged to ordinary consumers shall not be less than twenty per cent. on the outlay incurred by the undertakers; and he must also give, if required, security for moneys which may become due. This security may be required even after the undertakers have begun to give a supply of energy; but the undertakers must give seven days' notice. The undertakers are not compellable to give a supply of energy to any premises unless they are reasonably satisfied that the electric lines, fittings, and apparatus therein are in good order and condition and "not calculated to affect injuriously the use of energy by the undertakers or by other persons." Any difference as to any improper use of energy or as to any alleged defect in any electric lines, fittings, or apparatus, is to be determined by arbitration, the arbitrator being appointed by the Board of Trade. See pp. 185–186.

power which

The maximum power which any consumer shall be entitled Maximum to demand "shall be of such amount as he may require to consumer be supplied with, not exceeding what may be reasonably may demand. anticipated as the maximum consumption on his premises." The consumer may alter that maximum upon giving a month's notice and paying any expenses reasonably incurred by the undertakers in respect of the service lines or any fittings or apparatus of the undertakers upon the premises, consequent upon such alteration. These expenses may be recovered summarily as a civil debt. Any difference as to what may be reasonably anticipated as the consumption on the premises

* See Husey v. London Electric Supply Corp. Limited, [1902] 1 Ch. 411, cited post, p. 118. See further, p. 184.

Penalty for failure to supply.

Constant supply to be afforded.

Supply of energy to public lamps.

or as to the reasonableness of the expenses is to be determined by arbitration. See section 28 of the Schedule to the Electric Lighting (Clauses) Act, 1899, p. 187. As to the Powers Acts, see the chapter on that subject.

Penalties are imposed for default in supplying energy to any owner or occupier of premises to whom the undertakers are required to supply energy under the provisional order. See section 30 of the above-mentioned Schedule, p. 187.

After commencing to supply energy through any distributing main, the undertakers are required by the Board of Trade Regulations to maintain a supply of sufficient power for the use of all the consumers for the time being entitled to be supplied from such main, and such supply must be constantly maintained subject to certain exceptions and conditions, as to which, see Board of Trade Regulation 2 of heading B, at p. 254. As to Power Acts, see the chapter on that subject.

Where the local authority are not themselves the undertakers, the undertakers must, upon receiving reasonable notice from the local authority requiring them to supply energy to any public lamps within a distance of seventy-five yards from any distributing main of the undertakers, in which they are for the time being required to maintain a current of energy for the purposes of general supply under the special order or the Board of Trade Regulations, give and continue to give a supply of energy to those lamps in such quantities as the local authority may require to be supplied (section 29 of Schedule to Electric Lighting (Clauses) Act, 1899). Where the local authority are not themselves the undertakers, the price to be charged by the undertakers for energy supplied to public lamps, and the mode in which such charges are to be ascertained, may be settled by agreement between the local authority and the undertakers, and, in case of difference, by arbitration, regard being had to the circumstances. of the case, and the distributing and other mains (if any) which may have to be laid for the purpose, and the prices charged to ordinary consumers in the district. See section 34 of abovementioned Schedule. Penalties are imposed for default. See section 30 (2) of above-mentioned Schedule, p. 187.