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Presentation to RICSWayleaves

Brief History of Electricity Industry

• 19C Legislation – Electric Lighting Act 1882

• 1926 ‘National Gridiron’ established

• 1947 Nationalisation

• 1972 132kV system from CEGB to Area Boards

• 1989 Electricity Act

• 1990 Privatisation – formation of National Grid and Distribution Network Operators (DNO’s)

• 2014 solar & wind generation connections

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• Local networks are connected to National Grid’s transmission network

• Distribution Network Operators ( DNO’s) rent out the network to suppliers (i.e. EDF, Npower, Scottish Power) who pass electricity to their customers (i.e. homeowner/business etc.)

• Each DNO is a regional monopoly

• The system is regulated by the Office of Gas and Electricity Market (ofgem)

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The Electricity Act 1989

Electric Line

An electric line means any line which is used for carrying electricity for any purpose and includes, unless the context otherwise requires:

• any support for any such line, that is to say any structure, pole or other thing in, on, by or from which any such line is or may be supported, carried or suspended

• any apparatus connected to any such line for the purpose of carrying electricity and

• any wire, cable, tube, pipe or other similar thing (including its casing or coating) which surrounds or supports, or is surrounded or supported by, or is installed in close proximity to or is supported, carried or suspended in association with any such line

Electricity Act 1989 – definition of Electric Line

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What is a wayleave?

No formal definition of a wayleave but conforms to the following:

• A contractual licence to allow the laying or installing of infrastructure on or over land belonging to or in occupation of another

• Fixed term or subject to right to terminate

• Annual rent/compensation paid

• Does not run with the land but the person who agrees it

• Supply lines do not need a wayleave

Acquisition of wayleaves – schedule 4 of Electricity Act 1989

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Types of wayleave

• Express

• Implied

• Necessary/Statutory

Express Wayleave

• Voluntary

• Specific terms agreed

• Signed by landowner/occupier

• Termination clause – usually 6 or 12 months

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Implied Wayleave

• Previous owner sold the land

• Landowner has died

• NB: Payment must be made by licence holder to new owner

Necessary/Statutory Wayleave

• Determined by Secretary of State for the Department for Business, Energy and Industrial Strategy (DBEIS)

• Necessary wayleave hearing

• 15 year right

• Recorded on Title

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Para 6 Schedule 4 – Electricity Act 1989

• 21 day notice

• Fails to give wayleave

• Gives wayleave but licence holder objects to terms requested

• Application made to SoS for necessary wayleave

• Necessary wayleave hearing

• SoS determines need and expediency of circuit

Acquisition of wayleaves – new lines

Para 8 Schedule 4 – Electricty Act 1989

• 2 Stage process

• Necessary wayleave hearing

• SoS determines need and expediency of circuit

• Refused/removed

Right to terminate wayleave and request removal-existing lines

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Wayleave Payments

Example of diversion

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