Page images
PDF
EPUB

Revision of price.

Agreement as to water supply.

Power to lay water pipes.

Compensa. tion for damage.

average price charged by the company has been below the standard price. On the other hand, if such average price per unit is more than the standard price the dividend is reduced in the same ratio. The company may in addition to the authorised dividends make good any deficiency in any previous dividends which have fallen below the standard rate of dividend. The provisions with regard to sliding scale and relation of price to dividend are not exactly the same in all the Acts.

The Board of Trade may, at any time after the expiry of ten years upon the conditions laid down in the particular Act, revise the maximum prices and the relation between price and dividend and the standard prices so fixed. The Board of Trade may, if they think fit, make a similar revision at the expiration of ten years from the last revision. On any such revision, the Board of Trade may modify the provisions of the Power Act both as to price and the relation between price and dividend so far as may be necessary to carry out their decisions on the revision. wording of the sections on this subject is not uniform.

The

By some of the Power Acts special power is also given to the company and proprietors or trustees of any canal or navigation or other body or person to enter into contracts with respect to supply of water to the company for condensing and other purposes of their undertaking.

Power is generally given to the company within the area of supply to lay down, maintain, repair, alter, and use pipes for conveying water, and any materials, matters or things, used by them in or resulting from the process of generating or transforming electricity to or from any authorised generating station, and the provisions of the Waterworks Clauses Act, 1847, with respect to the breaking up of streets for the purposes of laying pipes, shall, so far as applicable, extend and apply to the laying down, repairing, altering, or removing of pipes for such purposes.

Power companies will be subject to the provisions of sect. 17 (incorporated with all the Acts) of the Electric Lighting Act, 1882, which provides for compensation for damage as follows:

"In the exercise of the powers in relation to the execution of works given them under this Act, or any license, order, or special Act, the undertakers shall cause as little detriment and inconvenience and do as little damage as may be, and shall make full compensation to

all bodies and persons interested for all damage sustained by them
by reason or in consequence of the exercise of such powers, the
amount and application of such compensation in case of difference
to be determined by arbitration."

See ante, p. 115. There is also incorporated with all the Power Acts sect. 77 of the Schedule to the Electric Lighting (Clauses) Act, 1899, which enacts :

"The undertakers shall be answerable for all accidents, damages, and injuries happening through the act or default of the undertakers or of any person in their employment by reason of or in consequence of any of the undertakers' works, and shall save harmless all authorities, bodies, and persons by whom any street is repairable, and all other authorities, companies, and bodies, collectively and individually, and their officers and servants from all damages and costs in respect of those accidents, damages, and injuries." See also sect. 6 of the Gasworks Clauses Act, 1847, ante, p. 212. The Loch Leven Water Power Act, 1901 (1 Edw. 7, ch. cclxx.), differs in many respects from the other Power Acts. It is primarily an Act to enable the company to construct, maintain, and work waterworks and water power and electrical generating stations for the supply of electrical energy. It incorporates the Electric Lighting Act, 1882, but not the Act of 1888, and it also incorporates the whole of the Act of 1899, except sects. 4, 5, 7-9, and 84 of the Schedule. The Lands Clauses Acts and certain sections of the Waterworks Clauses Act, 1847, are incorporated. The authorised works include dams, aqueducts, tunnels, etc., described in sect. 10. By sect. 15 the company are authorised to raise the level of certain lochs and to impound and appropriate water.

The powers of the company are of the most general kind. Section 7 provides :

[blocks in formation]

"Subject to the provisions of this Act the company may provide water General purunder pressure or otherwise for the purpose of supplying water and poses of motive power, and may supply and use such power by hydraulic company. pressure or otherwise, for any purposes to which such power is or may be applicable, and may generate, use, and supply electrical energy for any purposes to which such energy is or may be applicable, and may erect, lay down, and maintain any buildings, works, machinery, mains, pipes, and other apparatus which may be necessary or useful for those purposes, and may acquire and work, but not exclusively, any patents relating to the supply of water and motive power, and to the generation, storage, supply, measurement, transformation, and distribution of electrical energy, and may, within the area of supply hereinafter specified, supply

Conditions affecting

supply outside

area of supply.

any person with water power, motive power, water or electrical energy at such rates and charges and upon such terms and conditions as may be agreed on between them and the person obtaining such supply, and generally may do all such acts and things as may be necessary or useful for giving such supply or incidental thereto."

Compulsory powers to take lands for generating stations (s. 8), etc., is given.

Power is given to purchase additional land by agreement, not exceeding 300 acres, but the company shall not create or permit a nuisance on any such lands (s. 18).

An area of supply is defined by sect. 42.

No limitation is imposed upon the company as to the class of persons to be supplied within the area of supply. Outside the area of supply the following conditions are imposed by sect. 43:

"The company may supply electricity by agreement outside the area of supply, but the powers of the company in respect to such supply of electricity shall be subject to the following provisions :

"(1.) Electricity shall be supplied under this section only—

[blocks in formation]

"(2.) The electricity supplied to authorised distributors may be used by them for lighting or other purposes, and the electricity supplied to any person for power may be used by such person for lighting any premises on any part of which the power is utilised, but save as aforesaid the company shall not supply electricity for lighting purposes:

"(3.) Nothing contained in this Act shall be deemed to confer upon the company any powers enabling them to break up any streets or roads outside the area of supply."

66

"Authorised distributor is by sect. 4 defined to mean any local authority, company or person authorised by Act of Parliament or Provisional Order confirmed by Parliament to give a general supply of energy within ten miles from any part of the lands described in the First Schedule to this Act."

By sect. 46 the company are authorised to place electric lines above ground with the sanction of the Board of Trade.

By sect. 48 they are authorised to supply water for domestic and manufacturing or trade purposes or for the purposes of water power.

By sect. 54 the company may apply for Provisional Orders under the Electric Lighting Acts, 1882, 1888, 1899.

[blocks in formation]

provisions of Electric Lighting Act, 1882,

undertakers not to place any electric lines above-ground, along,
over, or across any street without express consent of local
authority, 30, 109.

local authority may require undertakers to remove, where placed
contrary to s. 14 of Act of 1882...31, 109.

local authority may themselves remove and recover expenses, 31, 109.
court of summary jurisdiction may order removal notwithstanding
consent of local authority, 31, 109, 110.

action by householder for injunction, 111.

special provisions in the special Acts of various municipal corporations
authorising removal of unauthorised, 111, 112.

the Wandsworth Case relating to overhead wires, 110.

London Overhead Wires Act, 1891...31, 325.

the Act set out, 325.

See more fully under LONDON OVERHEAD WIRES ACT, 1891.
bye-laws made by London County Council under, 332.

in London orders consent of County Council and Board of Trade
required, 164 n.

provisions of Electric Lighting (Clauses) Act, 1899...163.

undertakers not to place any electric line above-ground except with
express consent of Board of Trade and local authority, 163.

exception where premises in sole occupation or control of
undertakers, 163.

of so much of any service line necessarily so placed
for the purposes of supply, 163.

Board of Trade regulations regarding aerial lines, 247, 265.

aerial lines,

definition of, in Board of Trade regulations, 243, 261.

maximum interval between supports, 247, 265.

construction and erection of supports, 247, 265.

attachment of aerial lines, 247, 266.

height from ground and distance from building, etc., 247, 266.

service lines from, 247, 266.

angle of crossing thoroughfares, 248, 266.

crossing or in proximity to metallic substance, 248, 266.

suspending wires, 248, 266.

discharge of pressure in case of fire, 248, 266.

E.L.

maintenance, 248, 266.

disused aerial lines to be removed, 248, 267.

G G

ABOVE-GROUND WORKS—continued.

high pressure lines above ground or in subways, 249, 268.

removal of, where placed before obtaining of provisional order, 232.
overhead wires for traction, recommendation of Lord Cross's committee
as to consent of local authority, 58.

Power Acts provide that consent of rural district council to, shall not be
unreasonably withheld, 439.

powers of Board of Trade, 439.

ACCIDENTALLY DAMAGING,

undertakers' pipes, etc., satisfaction to be made for, 228.

ACCIDENTS,

provisions of Electric Lighting (Clauses) Act, 1899.

when default caused by "inevitable accident" or force majeure will
excuse penalty, 188.

what is "inevitable accident" or force majeure, 188 n.

notice to Board of Trade of accident by explosion or fire, or other
accident causing, or likely to have caused, loss of life or personal
injury, 192.

penalty for default, 192.

inquiry by Board of Trade, 192.

accidentally breaking or damaging pipe, pillar or lamp of under-
takers, 228.

provisions of Board of Trade regulations.

accidents by explosion or fire, etc., to be reported to Board of Trade,

penalty for default, 253.

provisions of Factory and Workshop Act, 1901.

247, 264.

notice to district inspector of accident causing death or bodily injury,

provisions of Notice of Accidents Act, 1894,

54, 192 n.

notice to Board of Trade of, and inquiry into accidents in certain
employments and industries, 54, 192 n.

provisions of London Overhead Wires Act, 1891,

liability for accidents, 329.

ACCOUNTS,

provisions of Electric Lighting Act, 1882,

to be kept by all undertakers and made up to December each year,

18, 100.

this date frequently altered by statutory authority, 101 n.

copies of to be kept for sale, 100.

penalty for default, 100.

form of, prescribed by Board of Trade for local authorities, 274.
for companies, 282.
audit of, in the case of local authorities, 137, 139, 141, 143.

provisions of Power Acts,

companies, 160.

s. 9 of Act of 1882 as to accounts generally incorporated, 444.
s. 6 of schedule to Act of 1899 as to audit also incorporated, 440.
special section in some Acts authorising discounts, 74.

« PreviousContinue »