Electricity Act 1992

24 Construction or maintenance of works on roads

  • (1) Except as provided in subsections (2) and (5), an electricity operator may from time to time construct and maintain works in, on, along, over, across, or under any road, and for any of these purposes may—

    • (a) open or break up any road:

    • (b) alter the position of—

      • (i) any pipe (not being a main) for the supply of water or gas; or

      • (ii) any telecommunications line; or

      • (iii) any works—

      that are constructed in, on, along, over, across, or under that road:

    • (c) alter, repair, or remove any works so constructed or maintained, or any part of any such works.

    (2) No electricity operator may exercise the powers contained in subsection (1) otherwise than in accordance with such reasonable conditions as may be prescribed by the local authority or other body or person having jurisdiction over the road.

    (3) Without limiting the generality of subsection (2), a local authority or other body or person having jurisdiction over a road may impose under that subsection, in relation to any work undertaken by any electricity operator, a condition requiring the electricity operator to meet the reasonable costs and expenses of that local authority or other body or person—

    • (a) in processing any notice given under section 25(1) by the electricity operator in relation to the work:

    • (b) in supervising the carrying out of the work, where such supervision is necessary in the circumstances of the case.

    (4) To avoid doubt, subsection (1) does not prevent the construction or maintenance of works that are undertaken under an agreement entered into by—

    • (a) the electricity operator; and

    • (b) the local authority or other body with jurisdiction over the road to which the works relate; and

    (5) Subsection (1) does not apply to the construction of works that are intended to convey, or are associated with, electricity at a voltage of more than 110 KV and a capacity of more than 100 MVA.

    (6) In subsection (5), works means works located at or above ground level in, on, along, over, or across a road, but does not include works suspended above a road.

    Compare: 1987 No 116 s 15; 1988 No 164 s 16

    Section 24(1): amended, on 9 August 2005, by section 3(1) of the Electricity Amendment Act 2005 (2005 No 88).

    Section 24(2): substituted, on 6 August 2010, by section 14 of the Infrastructure (Amendments Relating to Utilities Access) Act 2010 (2010 No 99).

    Section 24(4): substituted, on 9 August 2005, by section 3(2) of the Electricity Amendment Act 2005 (2005 No 88).

    Section 24(5): added, on 9 August 2005, by section 3(2) of the Electricity Amendment Act 2005 (2005 No 88).

    Section 24(6): added, on 9 August 2005, by section 3(2) of the Electricity Amendment Act 2005 (2005 No 88).