ELECTRICITY SUPPLY (NORTHERN IRELAND) ORDER 1972

	[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here: BAILII >> Databases >> Northern Irish Legislation >> ELECTRICITY SUPPLY (NORTHERN IRELAND) ORDER 1972

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Download] [Help]

ELECTRICITY SUPPLY (NORTHERN IRELAND) ORDER 1972 - SECT 40



40.(1) Where any tree or hedge obstructs or inteferes with the construction,
maintenance or working of any electric line (including a main or other
transmission line) which is being constructed or is owned by the Service, or
will interfere with the maintenance or working of such a line, the Service may
serve notice upon

(a)the occupier, and

(b)in a case where the occupier is not the owner, the owner, if the owner is
known,

(2) If, within fourteen days from the service of the notice, the requirements
of the notice are not complied with, and the owner or occupier of the land has
not served a counter-notice under paragraph (3) the Service may cause the tree
or hedge to be removed or cut so as to prevent such obstruction or
interference as aforesaid.

(3) If, within fourteen days from the service of the notice, the owner or
occupier of the land on which the tree or hedge is growing serves a
counter-notice on the Service objecting to the requirements of the notice, the
matter shall, unless the counter-notice is withdrawn, be referred to the
Ministry.

(4) The Ministry, after giving the parties an opportunity of being heard, may
make any order it thinks fit, and the order may empower the Service (after
serving on the person by whom the counter-notice was served notice of the
commencement of the work specified in the order) to cause the tree or hedge to
be removed or cut so as to prevent the obstruction or interference, and the
Ministry may determine any question as to what compensation (if any) and
expenses are to be paid.

(5) The Service shall

(a)ensure that trees and hedges are removed or cut in a proper manner and as
little damage as possible is done to trees, fences, hedges and growing crops,
and

(b)cause any boughs removed to be taken from the land in accordance with any
reasonable directions of the owner or occupier, and

(c)make good or pay compensation for any damage to property caused by, or in
consequence of, the Service in doing any act under this Article.

(6) Where the tree or hedge is growing on land which forms part of a road, the
[Department of the Environment] shall, for the purposes of this Article, be
deemed to be the owner and occupier of the land.

(7) Any reference in this Article to an occupier or to an owner shall be
construed as including a reference to a person appointed in writing by the
occupier or owner as his representative for purposes including the purpose of
this Article.

(8) The notice mentioned in paragraph (1) shall describe by reference to a map
the work proposed to be undertaken.

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Download] [Help]

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/esio1972436/s1972.html

Northern Irish Legislation

ELECTRICITY SUPPLY (NORTHERN IRELAND) ORDER 1972 - SECT 40