Cap 37. "The Public Health Act" means, as regards England, 44 & 45 Vict., the Public Health Act 1875; and as regards Scotland, the Public Health (Scotland) Act 1867; and as regards Ireland, the Public Health (Ireland) Act 1878. "Person" includes a corporation. 38 & 39 Vict. c. 55. C. IOI. Re 41 & 42 Vict. [30. Repeal of former Acts. Repealed by Statute Law vision Act, 1894. See, however, Interpretation Act, 1889, ss. II (1), p. 369, and 38 (2) (a), p. 376.] 31. Nothing in this Act shall legalise any act or default that would, but for this Act, be deemed to be a nuisance, or otherwise be contrary to law, or deprive any person of any remedy by action indictment or otherwise, to which he would have been entitled if this Act had not passed. c. 52. Saving as to general law. SCHEDULE. List of Works. (a) (1.) Sulphuric acid works, that is to say, any works in which the manufacture of sulphuric acid is carried on (not being alkali works within the meaning of the foregoing Act, and not being works in which the manufacture of sulphuric acid is carried on in conjunction with the extraction of copper or other metals from ore); *** (3) Gas liquor works, that is to say, any works in which gas liquor is used in any manufacturing process; (4.) Nitric acid works, that is to say, any works in which the manufacture of nitric acid is carried on; (5.) Sulphate of ammonia works and muriate of ammonia works, that is to say, any works in which the manufacture of sulphate of ammonia or of muriate of ammonia is carried on; *** (a) For addition of tar works to those specified in this Schedule, see Alkali, &c. Works Regulation Act, 1892, s. 1, p. 394. 45 & 46 Vict., Cap. 56. Short title. Application of Act. Regulations to be inserted in licenses, &c. (a) ELECTRIC LIGHTING ACT, 1882. 45 & 46 Vict., Cap. 56. An Act to facilitate and [Introductory words.] 2. The provisions of this Act shall apply to every local authority, company, or person who may by this Act or any license or provisional order granted under this Act, or by any special Act to be hereafter passed, be authorised to supply electricity within any area (in this Act referred to as "the undertakers") and to every undertaking so authorised, except so far as may be expressly provided by any such special Act; and every such license, provisional order, and special Act, is in this Act included in the expression "license, order, or special Act." *** 6. The undertakers shall be subject to such regulations and conditions as may be inserted in any license, order, or special Act affecting their undertaking with regard to the following matters: (a.) The limits within which and the conditions under which a supply of electricity is to be compulsory or permissive; (b.) The securing a regular and efficient supply of electricity; (c.) The securing the safety of the public from personal injury, or from fire or otherwise; (d.) The limitation of the prices to be charged in respect of the supply of electricity; (e.) The authorising inspection and inquiry from time to time by the Board of Trade and the local authority; (f.) The enforcement of the due performance of the duties of the undertakers in relation to the supply of electricity by the imposition of penalties or otherwise, and the revocation of the license, order or special Act where the undertakers have, in (a) For Board of Trade Regulations, see Appendix E, pp. 595-597. Cap. 56. the opinion of the Board of Trade, practically 45 & 46 Vict., (g.) Generally with regard to any other matters in con- Provided always, that the Board of Trade may, from time to time, make such regulations as they may think expedient for securing the safety of the public from personal injury or from fire or otherwise (a), and may from to time amend or repeal any regulations which may be contained in any such license, order, or special Act in relation thereto; and any regulations so made or amended by the Board of Trade shall, from and after the date thereof, have the like effect in every respect as though they had been originally inserted in the license, order, or special Act authorising the undertaking, and every regulation so repealed shall, from and after the date thereof, be repealed accordingly, but such repeal shall not affect any liability or penalty incurred in respect thereof prior to the date of such repeal or any proceeding or remedy which might have been had in relation thereto. Any local authority within any part of whose district [Bye laws electricity is authorised to be supplied under any license, by local order, or special Act may, in addition to any regulations authority.] which may be made under the preceding provisions of this section for securing the safety of the public, from time to time make, rescind, alter, or repeal byelaws for further securing such safety; and there may be annexed to any breach of such byelaws such penalties to be recovered in a summary manner as they may think necessary: Provided always, that no such byelaws shall have any force or effect unless and until they have been confirmed by the Board of Trade and published in such manner as the Board of Trade may direct. 12. The provisions of the following Acts shall be in- Incorporation corporated with this Act; that is to say, *** (2.) The provisions of the Gasworks Clauses Act, *** (a) For Regulations, see Appendix E, pp. 595-597. of certain solidation Acts. 45 & 46 Vict,, Cap. 56. Power to undertakers to alter position of pipes and wires. Compensation *** *** For the purposes of this Act, in the construction of all the enactments incorporated by this section "the special Act" means this Act inclusive of any license, order, or special Act; and the "promoters" or "undertakers," and "the undertaking," as the case may be, mean the undertakers and the undertaking respectively under this Act. pipe In the construction of the said Gasworks Clauses Act, 1847, and the Gasworks Clauses Act, 1871, the said Acts shall be construed as if gas meant "electricity," and as if meant electric line, and "works" meant works" as defined by this Act, and as if "the limits of the special Act" meant the area within which the undertakers are authorised to supply electricity under any license, order, or special Act. 15. Subject to the provisions of this Act and of the license, order, or special Act authorising them to supply electricity, and to any byelaws made under this Act, the undertakers may alter the position of any pipes or wires being under any street or place authorised to be broken up by them which may interfere with the exercise of their powers under this Act on previously making or securing such compensation to the owners of such pipes or wires, and on complying with such conditions as to the mode of making such alterations as may before the commencement of such alterations be agreed upon between the undertakers and owners, or in case of difference as may be determined in manner prescribed by the license or provisional order authorising the undertakers to supply electricity, or where no such manner is prescribed as may be determined by arbitration, and any local or other public authority, company, or person may in like manner alter the position of any electric lines or works of the undertakers, being under any such street or place as aforesaid, which may interfere with the lawful exercise of any powers vested in such local or other public authority, company, or person in relation to such street or place, subject to the like provisions, conditions, and restrictions as are in this section contained with reference to the alteration of the position of any pipes or wires by the undertakers. 17. In the exercise of the powers in relation to the for damage. execution of works given them under this Act, or any license, order, or special Act, the undertakers shall cause 45 46 Vict, Cap. 56. 28. Where any matter is by this Act, or any license, Arbitration. order, or special Act, directed to be determined by arbitration, such matter shall, except as otherwise expressly provided, be determined by an engineer or other fit person to be nominated as arbitrator by the Board of Trade on the application of either party, and the expenses of the arbitration shall be borne and paid as the arbitrator directs. C. 40. Any license or provisional order granted under this Act 37 & 38 Vict. shall be deemed to be a special Act within the meaning of the Board of Trade Arbitrations, &c., Act, 1874. 29. Where a supply of electricity is authorised in any area by any license, order, or special Act, and a supply of gas by any gas undertakers is also authorised within such area or any part thereof by any provisional order or special Act under the provisions of which such gas undertakers are under any general or limited obligation to supply gas upon demand, the Board of Trade may, upon the application of such gas undertakers, inquire into the circumstances of the case, and if they are satisfied that any specified part of such area is sufficiently supplied with electric light, and that the supply of gas in such specified part has ceased to be remunerative to the gas undertakers, and that it is just that such gas undertakers should be relieved from the obligation to supply gas upon demand as aforesaid, the Board of Trade may in their discretion make an order relieving the gas undertakers from such obligation, within such specified part of such area, either wholly or in part, and upon such terms and conditions as they may think proper; and from and after the date of such order such gas undertakers shall be so relieved accordingly. All expenses of the Board of Trade in connexion with any such inquiry or order shall be borne and paid by the gas undertakers upon whose application the inquiry or order was made. 30. Not later than the first day of July in each year the Board of Trade shall lay before both Houses of Parlia AA Power for Trade to relieve gas undertakers from obligation to supply gas in certain cases. Annual report by Board of Trade. |