Electricity (Supply) (Amendment) Act, 1945

Entry on land, etc., before conveyance.

8.—(1) At any time after the making of an approval order and before conveyance or ascertainment of price or compensation, the Board may (subject to the subsequent provisions of this section) do any of the following things, that is to say:—

(a) enter on and take possession of any land or exercise any right which the Board is authorised by this Act to acquire for the purpose of carrying out the approved scheme to which such approval order relates;

(b) terminate, restrict, or otherwise interfere with any easement or other property or right which the Board is authorised by this Act to terminate, restrict, or otherwise interfere with for the purpose of carrying out the said approved scheme;

(c) divert, close, remove, submerge, or otherwise interfere with any private road, way, or bridge or any canal or other artificial water-way, or any artificial water course which the Board is authorised by this Act to divert, close, remove, submerge, or otherwise interfere with for the purpose of carrying out the said approved scheme.

(2) Whenever the Board exercises any of the powers conferred on the Board by the foregoing subsection of this section, the Board shall be liable to pay to the occupier of the land or the owner of the easement, right, or other property entered upon, exercised, or interfered with by the exercise of such power, interest on the amount of the price or compensation payable under this Act to such occupier or owner at the rate of three per cent, per annum from the date of such entry, exercise, or interference until payment of such price or compensation.

(3) The Board shall not—

(a) enter on or take possession of any land under this section without giving to the occupier of such land at least one month's or, in the case of an occupied dwellinghouse, three months' previous notice in writing of their intention so to do, or

(b) exercise any easement or other right or interfere with any right or property under this section without giving to the owner of such easement, right, or property at least one month's previous notice in writing of their intention so to do.

(4) A notice under the next preceding subsection of this section may be served on any person by sending such notice by prepaid post in an envelope addressed to such person at his usual or last known address and shall be deemed to have been served on such person at the time at which such envelope would be delivered in the ordinary course of post.

(5) Where, for any reason, the envelope mentioned in the next preceding subsection of this section cannot be addressed in the manner provided by that subsection, such envelope may be addressed to the person for whom it is intended in either or both of the following ways, that is to say:—

(a) by the description “the owner” or “the occupier” (as the case may be) without stating his name,

(b) at the land or the situation of the property to which the notice contained in such envelope relates.