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ELECTRICITY SUPPLY (NORTHERN IRELAND) ORDER 1972 - SECT 29



29.(1) The Service may, in accordance with a scheme (in this Order referred to
as "a construction scheme") made by the Service with the written consent of
the Ministry and extending by virtue of section 1 of the Northern Ireland Act
1947 as well to the Republic of Ireland as to Northern Ireland,

(a)use or develop water power for the purpose of generating electricity or for
any other purpose;

(b)supply electricity.

(2) Without prejudice to the generality of paragraph (1), a construction
scheme made under this Article may

(a)provide for the Service to do any of the things set out in Schedule 4 which
are expressly or by implication provided for by the construction scheme;

(b)provide for the Service to make good or pay compensation to any person who
suffers any loss or damage by reason of the Service, in carrying the
construction scheme into effect,

(i)constructing works on any land owned or occupied by him;

(ii)directly interfering with any land, including, without prejudice to the
generality of that term, any easement, fishery, water right or navigation
right belonging to or enjoyed by him;

<(iii)in a case where an injury caused by the operation of a construction scheme or by any particular mode or course of operation of works constructed under a construction scheme would, if this Order had not been made, have given rise to a liability to pay damages, causing injury to


(i)(aa)any canal or other navigable inland water way; or

(i)(bb)any water power or other water right; or

(i)(cc)any fishery or fishing right;

(c)notwithstanding anything to the contrary contained in any transferred
provision, provide for the Service to control, alter or otherwise affect

(i)the level of,

(ii)any tributary of,

<(iii)any lake, pond or canal on or connected with,


(c)any watercourse or lake to which the construction scheme relates from and
after the completion of the scheme; so however that where the watercourse,
lake, pond or canal

(i)(aa)has in connection with it drainage works owned, maintained or operated
or drainage functions exercised by any government department;

(i)(bb)is owned, used or under the control of any government department or
public body;

(c)sxxt04where the works of the construction scheme affect any functions
exercisable by, or any works owned, maintained, operated by, or under the
control of any government department or public body, make provision for the
employment by the Service of any engineer or other officer of that department
or body to carry out any part of the works of the construction scheme; and

(e)make provision for the Service after the completion of the construction
scheme to dispose of any land or rights acquired by the Service for the
purposes of the construction scheme which the Ministry determines, after
consultation with the Service, are no longer required by the Service.

(3) The written consent of the Ministry under paragraph (1) to a construction
scheme which provides for the construction of a new, or extension of an
existing, generating station or electric line shall, notwithstanding anything
in Article 48(2), be deemed for the purposes of Article 33 or 39 to be the
consent of the Ministry to the construction or extension.

(4) The Ministry may, where it appears to the Ministry to be expedient to do
so, by order subject to affirmative resolution modify any transferred
provision so far as may be necessary for the purpose of giving effect to a
construction scheme.



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© 1972 Crown Copyright

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