COUNTY OF PAGE. I. POINTS IN WHICH Α COUNTY OF LONDON PROVISIONAL ORDER 303 II.-COMPETITION AND OVERLAPPING IN THE COUNTY OF LONDON.... 306 VI.-ELECTRIC LIGHTING (LONDON) BILL OF SESSIONS 1901 and 1902 AS TO BOUNDARIES. Board of Trade Circular relative thereto 334 334 (I.).—POINTS IN WHICH A COUNTY OF LONDON PROVISIONAL ORDER DIFFERS FROM OTHER PROVISIONAL ORDERS. By section 2 (2) of the Electric Lighting (Clauses) Act, 1899, it is provided that the Electric Lighting (Clauses) Act, 1899, shall not apply to the county of London. While therefore as regards the provinces a short form of Provisional Order (see p. 231) is now practicable, in the county of London the old long form is still used. This is illustrated by the Act 1 Edw. 7, ch. clxxviii., which confirms two Provisional Orders; the one in the long form for Lewisham, which is within the administrative county of London, and the other in the short form for Penge, which is in the county of Kent. The undertakers in the two orders were identical. County of London Orders contain a clause to the effect that Subways. where undertakers desire to lay, or may be required to lay any electric line in any street, under the surface of which there is a subway vested in the County Council, the County Council may require the undertakers to lay such line in the subway upon terms to be settled by agreement or arbitration. Saving for embankment, park, or open space of County Council. Saving for Purchase. In County of London Orders, a clause is inserted to the effect that nothing in the Order shall authorise the undertakers to break up or otherwise interfere with any embankment, park, or open space for the time being vested in the County Council except so far as any part of such embankment, park, or open space forms part of a street, or to interfere with or make use of any tunnel, sewer, or subway so vested except with the consent in writing of the County Council and subject to such terms and conditions as they may impose. A clause is further inserted to the effect that nothing in this Order shall authorise the undertakers to interfere in any manner with the bed or soil or with the banks or shores of the River Thames below the level of ordinary tides or with the navigation thereof, or affect in any manner the rights, powers or privileges of the Conservators of the River Thames. Heretofore it has been the practice, in County of London Provisional Orders, to provide that the forty-two years fixed by the purchase clause (section 2) of the Act of 1888 shall run from one fixed date, viz., August 26th, 1889. See note, p. 147. The report of the Joint Committee of 1898, presided over by Lord CROSS (see ante, p. 60) states that "In connection with this question of purchase under section 2 of the Act of 1888, evidence has been given to the effect that with a view to secure in London one and the same time for the execution of the powers, the Board of Trade have in some cases imposed upon undertakers a less term than forty-two years within which they are liable to be purchased. "The Committee suggest that if the full period of forty-two years is not granted, and if a substantially shorter period is imposed by the Board of Trade, the terms of purchase should in each case be reconsidered." The following variations on the Schedule to the Electric Lighting (Clauses) Act, 1899, would be necessary to fit it to the circumstances of the County of London : Section 9. Incorporation of section 265 of the Public Health Act, 1875. Substitute section 124 of the Public Health (London) Act, 1891. Section 10 (b) relating to electric lines above ground. Provide for the express consent of the County Council as well as of the Board of Trade. Section 14 (2), as to notice of works, with plan to be served on Postmaster-General and local authority. A like notice and plan should be served on the County Council; and the other provisions should be made to apply mutatis mutandis as in the case of the Postmaster-General, where any street or public bridge is repairable by the County Council. Section 16. Street authority may give notice of desire to break up streets, etc., on behalf of undertakers. This section should be made applicable in the case of any body or person liable to repair any sewer, subway, or work connected therewith. Section 17. Alteration of pipes, wires, etc., under streets. Provision should be made for protecting the sewers of the County Council; and under sub-section (j) the County Council should be exempted from the obligation to give security. Section 18. Laying of electric lines, etc., near sewers, etc. Substitute the London County Council for the local authority throughout this section. The period of notice should be fourteen days instead of three days. Section 23. Failure of undertakers to lay down mains, etc. Representations to the Board of Trade may be made by the County Council. Section 24. Requisition. 99 Substitute "two or more for "six or more owners or occupiers. Section 25. Provisions on requisition by owners or occupiers. Substitute the period of two years for three years. Section 31. Methods of charging. Make provision for service of notice on the County Council. Section 35. Appointment of electric inspector. In County of London Orders, the County Council appoint, and, in the event of their failure, etc., the Board of Trade. Section 36. Duties of electric inspector. Substitute the County Council for the local authority. Section 37. Remuneration of electric inspector. Substitute the County Council for the local authority. Section 41. Establishment of testing stations. Provision should be made for the establishment of testing stations by the London County Council. Section 57. Differences as to correctness of meter. Where the London County Council are consumersach differences are settled by an inspector appointed by th Board of Trade. Section 60. Map of area of supply. Put the County Council in the same position as the Board of Trade or the Postmaster-General under this section. Section 70. Publication of regulations. A copy of the regulations should be served on the County Council. Section 75. Extension of time, etc. Substitute the London County Council for the local authority. Section 76. Recovery and application of penalties. Substitute the London County Council for the local authority, and make provision to the effect that, save as in the section provided, all penalties recovered summarily under the Order shall be applied according to the law regulating the application of penalties so recovered within the Metropolitan Police district. II. COMPETITION AND OVERLAPPING IN THE COUNTY OF LONDON. Section 1 of the Electric Lighting Act, 1888, contains the following: "The grant of authority to any undertakers to supply electricity within any area, whether granted by licence or by means of a provisional order, shall not in any way hinder or restrict the granting of a licence or provisional order to the local authority or to any other company or person within the same area." A few instances of such competition having been authorised within the Metropolitan area may here be given : In the parish of St. Martin's the following companies are authorised to supply electricity: The Charing Cross and Strand Electricity Supply Corporation, London Electric Supply Corporation, and Metropolitan Electric Supply Co. In the City of London the Charing Cross and Strand and the City of London Electric Supply Companies; in the districts of Holborn and St. Giles the Charing Cross and Strand and the Metropolitan Electric Supply Co. In 1900 the local authorities of Mile End Old Town, Limehouse, and St. George's-in-the-East respectively applied for provisional orders. The County of London and Brush Provincial Electric Lighting Co. had obtained a provisional order for these districts in 1897, but had not begun to supply those districts. They opposed the granting of provisional orders, which, however, were made by the Board of Trade, and were afterwards confirmed. In 1899 the Bermondsey Vestry obtained a provisional order, which was duly confirmed, notwithstanding the opposition of the London Electric Supply Corporation, who had power to supply electricity within the district. As to Bermondsey, see further, ante, pp. 12 and 73. In 1900 the County of London and Brush Provincial Electric Lighting Co. obtained a provisional order for Battersea, Battersea Vestry having obtained a provisional order in 1896. The Board of Trade have refused to make provisional orders in several instances where the proposed area of supply is already being served by one or more authorised undertakers. See e.g., the cases of Bermondsey and Southwark respectively, referred to in the Report of the Board of Trade under the Electric Lighting Acts, 1882 to 1890, for 1902 (Parliamentary Paper No. 230, p. 8). All the instances of overlapping down to the end of the Session of 1897 are contained in the following table, prepared and put in by Sir Alexander R. Binnie (then chief engineer to the London County Council) before the Joint Select Committee of the House of Lords and House of Commons on Electrical Energy (Generating Stations and Supply), Parliamentary Paper No. 213 of 1898, at p. 156. |