Electric
Lighting

1899.

them into effect within a reasonable time, or discontinued

the exercise of such powers; and

(g.) Generally with regard to any other matters in connection with the undertakings.

The regulations above referred to were necessarily elaborate (Clauses) Act, and lengthy, and used greatly to swell the bulk of a provisional order. To prevent the repetition of these in each order the Electric Lighting (Clauses) Act, 1899 (62 & 63 Vict. c. 19), was passed-" An Act for incorporating in one Act certain provisions usually contained in Provisional Orders made under the Acts relating to Electric Lighting." This Act came into operation on October 1st, 1899. It enacts that the provisions contained in the schedule to the Act shall be incorporated with and form part of every provisional order made by the Board of Trade after the commencement of that Act under the Electric Lighting Acts save so far as they are expressly varied or excepted by the order, and shall, subject to such variations or exceptions, apply so far as applicable to the undertaking authorised by the order. See p. 154.

County of London excepted.

Regulations from time to time by Board of Trade.

The Act provides (section 2 (2)) that-" Except so far as any of the provisions contained in the schedule to this Act are incorporated with any provisional order made by the Board of Trade under the Electric Lighting Acts extending to the county of London, or with any special Act so extending, this Act shall not apply to the county of London." See p. 155.

Over and above the regulations and conditions required by the first part of section 2 to be inserted in the licence, order, or special Act, the Board of Trade are, by a proviso to the same section, authorised to make, from time to time, such regulations as they may think expedient for securing the safety of the public from personal injury or from fire or otherwise, and from time to time to amend or repeal any regulations which may be contained in any such licence, order, or special Act in relation thereto (see p. 95). The regulations now in use were settled by the Board of Trade after a conference with undertakers and others concerned, held on November 19th and 20th, 1895. This conference was attended by thirty-six representatives of companies supplying electricity, and fifty-six representatives of local authorities supplying electricity, besides representatives sent from various

public bodies and associations. The object of the conference
was thus stated at the outset by the late Sir COURTENAY BOYLE,
K.C.B., on behalf of the Board of Trade: "The Board of Trade,
finding it necessary to revise the regulations made by them under
the provisions of the Electric Lighting Acts of 1882 to 1890,
have thought it convenient, as well as courteous, to give to all
those interested in those regulations who have raised any objec-
tions thereto, an opportunity of stating what those objections
are, or of supporting their objections by verbal arguments, and
of thereby ensuring that the Board of Trade's decision will be
come to after carefully hearing all that can be said upon the
various subjects dealt with in the regulations."*
These regula-
tions are only a model, from which from time to time, as occasion
demands, special regulations are settled and issued for each local
authority, company, or individual. See p. 243.

These regulations were amended by the Board of Trade in an important particular in 1901, after a conference with local authorities, undertakers, and others interested. Before that date Regulation B. No. 6 contained the following proviso: "Provided that no change shall be made in the pressure of the supply to any premises which at the date of these Regulations are supplied with energy by the undertakers except with the consent of the consumer." Such a change may now be made with the consent of the local authority, and without the consent of the consumer, subject to appeal to the Board of Trade. See more fully at pp. 255, 259.

The Board of Trade Regulations for the time being in force Publication of must within one month after they have come into force, as made regulations. or last altered, be printed at the expense of the undertakers; and a true copy thereof, certified by or on behalf of the undertakers, shall be kept by the undertakers at their principal office within the area of supply and supplied to any person demanding them at a price not exceeding sixpence for each copy; and where the local authority are not themselves the undertakers a like copy must also be forthwith served upon the local authority. The undertakers are liable to a penalty on default (section 70 of the schedule to the Electric Lighting (Clauses) Act, 1899, p. 205).

* A shorthand report of the proceedings of the conference was printed for the Stationery Office, and may be purchased from Messrs. Eyre & Spottiswoode.

Local authorities may make byelaws.

Regulations in the case of electric lines not having parliamentary authority.

Power of local authorities to borrow.

Loans under the Electric Lighting Act, 1882.

In addition to the regulations authorised to be made by the Board of Trade, section 6 of the Act of 1882 authorises any local authority within any part of whose district electricity is authorised to be supplied under any licence, order, or special Act, to from time to time make, rescind, alter, or repeal byelaws for further securing the safety of the public, any such byelaws being subject to confirmation by the Board. Up to the present time no such byelaws have been made and confirmed. See p. 95. The byelaws so provided for are intended to meet cases in which local authorities are not themselves the undertakers. Where local authorities are themselves the undertakers, they have, by special Acts of Parliament, obtained power in many cases to make byelaws or regulations generally spoken of as wiring regulations-without the necessity of having the same first approved by the Board of Trade, but in later cases this approval is insisted upon in all cases by Parliament. See further on the subject, post, p. 96.

At the time of the passing of the Act of 1888 many electric lines and works existed and were in operation without the authority of any licence, order, or special Act, and they thus escaped all regulation on the part of the Board of Trade in the interests of the public. The Electric Lighting Act, 1888, s. 4, placed all such works under the control of the Board of Trade, by giving the Board power to make regulations in regard thereto. This section applies also to all unauthorised lines and works which have been started since. See these regulations at p. 261.

Where the local authority are the undertakers, sections 7 and 8 of the Act of 1882 provide how their expenses are to be borne, and give them power to borrow money at interest. See pp. 97, 98.

The following extract from the Annual Report of the Local Government Board for 1900-1901 shows the extent to which local authorities have become undertakers of electric lighting :It is interesting to note the remarkable increase during the last few years of the amounts required by town councils and urban district councils for purposes of the Electric Lighting Act, 1882. During the year 1900 we sanctioned loans of this character exceeding in the aggregate those for the previous year by £633,457, and

those for 1898 by nearly £2,000,000. The amount was in fact Loans-contd.
greater than the total of all loans sanctioned for purposes of electric
lighting during the nine years preceding 1897. The following table
gives further particulars :-

In the Annual Report of the Local Government Board for 1901-2 it is stated the amount of loans to local authorities sanctioned for the purposes of the Electric Lighting Act, 1882, during the year 1901 was £3,995,459. Parliamentary Paper, Cd. 1231, p. cxvii.

From the Board of Trade return [Parliamentary Paper, 1902, 310] it appears that down to 31st March, 1901, the amount of loans authorised to be borrowed by local authorities was £14,620,787. From another return [Parliamentary Paper, 1902, 311] it appears that the total capital of companies authorised to supply electricity down to the end of the year 1900 was £10,744,944. These figures are confined to electric lighting, and take no account of electric traction, or of the many electrical enterprises existing without statutory authority. Mr. Charles Capital Hawksley, late President of the Institution of Civil Engineers, in his presidential address delivered November, 1901, stated: "It may be of interest to state that, although electricity is the youngest of the sciences, upwards of £130,000,000 of capital have already been invested in this country alone in electrical undertakings" (Electrician, November 8th, 1901, p. 101).

E.L.

invested.

Accounts

and audit.

Joint Board.

Land.

Land for generating station.

Accounts must be kept by all undertakers, whether local authorities, or companies, or individuals. The Board of Trade are authorised, and have prescribed the form of such accounts. These accounts must be published in such manner as may be from time to time prescribed in that behalf by the Board of Trade. The undertakers must sell a copy to any applicant at a price not exceeding one shilling, under penalty upon default not exceeding forty shillings. Provision is made for the audit of the accounts both of local authorities and companies or persons. See further, pp. 139 and 160.

The Stalybridge, Hyde, Mossley and Dukinfield Tramways and Electricity Board Act, 1901 (1 Edw. 7, c. cxcv.), affords an illustration of the combination of several smaller local authorities for the purpose of carrying out schemes involving the generating and distributing of electrical energy. That Act constituted a Joint Board consisting of representatives from the various councils interested, and authorised the taking of land compulsorily for the purposes of the Act, the construction of tramways to serve the districts interested to be worked (with the sanction of the Board of Trade) by electrical energy. The Act further incorporates the Electric Lighting (Clauses) Act, 1899 (with the exception of certain sections), and makes special provision for the application of tramway revenue and electricity revenue respectively.

With regard to the acquisition of land, the policy of the Electric Lighting Acts is against the acquisition of land by compulsion. The power given is for the acquisition of land by agreement only. The quantity, however, is in no way limited so far as the Electric Lighting Acts are concerned. When, however, a provisional order is made in favour of a local authority, the quantity of land which they may acquire and use is limited to five acres; and in orders in favour of companies, a clause is inserted providing that, in case of transfer to the local authority, that limit shall obtain. "Land" for the purposes of the Electric Lighting Acts includes easements. See further, pp. 101 and 107.

The question whether power should be given to undertakers to acquire land for generating stations compulsorily was one of those referred to a joint committee of the House of Lords and House