Electricity (Supply) Act, 1927

Closing of generating stations.

61.—(1) Whenever—

(a) it appears to the Board that it is expedient that any generating station should wholly or in part cease to be used as a generating station, and

(b) a sufficient supply of electricity is available to the person owning such generating station and such person can be compelled under this Act to take such supply,

the Board may by order require such person within such time as the Board shall specify in such order (not being less than three months from the date thereof) to cease to use such generating station as a generating station either wholly or to such lesser extent as is specified in such order and shall under the powers conferred on it by this Act compel such person to take the supply of electricity so available as aforesaid.

(2) Whenever a person is required by an order under this section to cease in part only and not wholly to use a generating station as a generating station the subsequent provisions of this section and the provisions of the First Schedule to this Act shall apply with the modification that references to the cesser to use a generating station as a generating station shall be construed as including such partial cesser as is required by such order.

(3) When an authorised undertaker or a statutory undertaker in pursuance of an order made under this section ceases to use a generating station as a generating station, such authorised undertaker or such statutory undertaker (as the case may be)—

(a) may, with the consent of the Board, and shall, if so required by the Board, maintain such generating station or any part thereof for the purposes of the Board and at the expense of the Board which expense shall be taken into consideration in fixing the rates of charge for electricity for all areas for the benefit of which such generating station is maintained, and

(b) may, with the consent of the Board, do all or any of the following things, that is to say:—

(i) sell any machinery or plant theretofore used in such generating station,

(ii) sell such generating station or any part thereof,

(iii) utilise such generating station, with or without all or any of the plant theretofore used therein, in such manner as such undertaker thinks proper.

(4) Whenever an authorised undertaker or a statutory undertaker sells any generating station or any machinery or plant under this section the proceeds of such sale shall be applied in accordance with the Acts or Orders regulating the undertaking or, if such Acts or Orders do not contain provisions applicable to the case, in such manner as shall be approved, in the case of an authorised undertaker or a statutory undertaker who is a local authority, by the Minister for Local Government and Public Health after consultation with the Board or, in the case of any other authorised undertaker or statutory undertaker, by the Minister after consultation with the Board.

(5) Whenever an authorised undertaker or a statutory undertaker in pursuance of an order made under this section ceases to use a generating station as a generating station, the First Schedule to this Act shall on such cesser apply to every person who at the date of such order was employed in such generating station by such authorised undertaker or such statutory undertaker (as the case may be).

(6) In this section and in the First Schedule to this Act the expression “authorised undertaker” includes a permitted undertaker.