62 & 63 Vict., Cap. 19.

or of the Board of Trade under section thirteen of the Electric Lighting Act, 1882, and where the Board of Trade give that consent, the provisions of the Special Order shall apply to the street, railway, or tramway to which the consent relates as if the Undertakers had been specially authorised to break it up by that Order. 13. (1.) Subject to the provisions of the principal Act, and the Street boxes. Special Order, and the Board of Trade regulations, the Undertakers may construct in any street such boxes as may be necessary for purposes in connexion with the supply of energy, including apparatus for the proper ventilation of the boxes: Provided that, where the local authority are not themselves the Undertakers, no such box or apparatus shall be placed above ground, except with the consent of the authority, body, or person, by whom the street is repairable.

(2.) Every such box shall be for the exclusive use of the Undertakers and under their sole control, except so far as the Board of Trade otherwise order, and shall be used by the Undertakers only for the purpose of leading off service lines and other distributing conductors, or for examining, testing, regulating, measuring, directing, or controlling, the supply of energy, or for examining or testing the condition of the mains or other portions of the works, or for other like purposes connected with the undertaking, and the Undertakers may place therein meters, switches, and any other suitable and proper apparatus, for any of the above purposes.

(3.) Every such box, including the upper surface or covering thereof, shall be constructed of such materials, and shall be constructed and maintained by the Undertakers in such manner, as not to be a source of danger, whether by reason of inequality of surface or otherwise.

(4) Where the local authority are not themselves the Undertakers, they may, with the approval of the Board of Trade, prescribe the hours during which the Undertakers are to have access to the boxes, and if the Undertakers during any hours not so prescribed remove or displace or keep removed or displaced the upper surface or covering of any box without the consent of the local authority, they shall be liable for each offence to a penalty not exceeding five pounds, and to a daily penalty not exceeding five pounds: Provided that the Undertakers shall not be subject to any such penalties as aforesaid if the court are of opinion that the case was one of emergency, and that the Undertakers complied with the requirements of this section so far as was reasonable under the circumstances.

[14. Notice of works, with plan, to be served on Postmaster-General and local authority.j

[15. As to streets not repairable by local authority, railways, tramways, and canals.]

[16. Street authority, &c. may give notice of desire to break up streets, &c. on behalf of Undertakers.]

17. The Undertakers may alter the position of any pipes (except, in a case where the local authority are not themselves the Undertakers, any pipe forming part of any sewer of the local authority), or any wires being under any street or place authorised to be broken up by them, which may interfere with the exercise of their powers under the principal Act or the Special Order; and any body 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 that body or person in relation to that street or place, subject to the following provisions, unless it is otherwise agreed between the parties interested:

(a.) One month before commencing any such alterations the

As to alteration of
pipes, wires,
&c. under streets.

62 & 63 Vict., Cap. 19.

Undertakers, or the body or person (as the case may be), in this section referred to as the 'operators," shall serve a notice upon the body or person for the time being entitled to the pipes, wires, electric lines, or works (as the case may be), in this section referred to as the "owners," describing the proposed alterations, together with a plan showing the manner in which it is intended that the alterations shall be made, and shall, upon being required to do so by any such owners, give them any such further information in relation thereto as they may desire.

(b) Within three weeks after the service of any such notice and plan upon any owners those owners may, if they think fit, serve a requisition upon the operators requiring that any question in relation to the works or to compensation in respect thereof or any other question arising upon such notice or plan as aforesaid shall be settled by arbitration; and thereupon that question, unless settled by agreement, shall be determined by arbitration accordingly.

(c.) In settling any question under this section an arbitrator shall
have regard to any duties or obligations which the owners may
be under in respect of the pipes, wires, electric lines, or works,
and may, if he thinks fit, require the operators to execute any
temporary or other works, so as to avoid interference with any
purpose for which the pipes, wires, electric lines, or works are
used so far as possible.

(d) Where no such requisition as in this section mentioned is
served upon the operators, the owners shall be held to have
agreed to the notice or plan served on them as aforesaid, and
in that case, or where, after any such requisition has been
served upon them, any question required to be settled by arbi-
tration has been so settled, the operators, upon paying or
securing any compensation which they may be required to pay
or secure, may cause the alterations specified in such notice
and plan as aforesaid to be made, but subject in all respects to
the provisions of the principal Act and the Special Order, and
only in accordance with the notice and plan so served by them
as aforesaid, or such modifications thereof respectively as may
have been determined by arbitration as herein-before mentioned
or as may be agreed upon between the parties.
(e.) At any time before any operators are entitled to commence
any such alterations as aforesaid, the owners may serve a
statement upon the operators stating that they desire to execute
the alterations themselves, and where any such statement has
been served upon the operators, they shall not be entitled to
proceed themselves to execute the alterations, except where
they have notified to the owners that they require them to
execute the alterations, and the owners have refused or
neglected to comply with the notification as herein-after
provided.
(f) Where any such statement as last aforesaid has been served
upon the operators, they shall, not more than forty-eight hours
and not less than twenty-fours before the execution of the altera-
tions is required to be commenced, serve a notification upon
the owners stating the time when the alterations are required
to be commenced, and the manner in which the alterations are
required to be made.

(g.) Upon receipt of any such notification as last aforesaid, the
owners may proceed to execute the alterations as required by
the operators, subject to the like restrictions and conditions,
so far as they are applicable, as the operators would them-
selves be subject to in executing the alterations.

(h.) If the owners decline or, for twenty-four hours after the time when any such alterations are required to be commenced, neglect to comply with the notification, the operators may themselves proceed to execute the alterations in like manner as they might have done if no such statement as aforesaid had been served upon them.

(i.) All expenses properly incurred by any owners in complying with any notification of any operators under this section shall be repaid to them by the operators, and may be recovered summarily.

(j) Any owners may, if they think fit, by any statement served by them under this section upon any operators, not being a local authority, require the operators to give them such security for the repayment to them of any expenses to be incurred by them in executing any alterations as above mentioned as may be determined in manner provided by the Special Order, and where any operators have been so required to give security, they shall not be entitled to serve a notification upon the owners requiring them to execute the alterations until the security has been duly given.

(k) If the operators make default in complying with any of the requirements or restrictions of this section they shall (in addition to any other compensation which they may be liable to make under the provisions of the Special Order or the principal Act) make full compensation to the owners affected thereby for any loss, damage, or penalty which they may incur by reason thereof, and in addition thereto they shall be liable for each default to a penalty not exceeding ten pounds, and to a daily penalty not exceeding five pounds: Provided that the operators shall not be subject to any such penalty as aforesaid if the court are of opinion that the case was one of emergency, and that the operators complied with the requirements of this section so far as was reasonable under the circumstances. 18. (1.) Where the Undertakers require to dig or sink any trench for laying down or constructing any new electric lines (other than service lines) or other works near to which any sewer, drain, watercourse, defence, or work under the jurisdiction or control of the local authority, or any main, pipe, syphon, electric line, or other work belonging to any gas, electric supply, or water company has been lawfully placed, or where any gas or water company require to dig or sink any trench for laying down or constructing any new mains or pipes (other than service pipes) or other works near to which any lines or works of the Undertakers have been lawfully placed, the Undertakers or the gas or water company (as the case may be), in this section referred to as the operators," shall, unless it is otherwise agreed between the parties interested, or in case of sudden emergency, give to the local authority, or to the gas, electric supply, or water company, or to the Undertakers (as the case may be) in this section referred to as the "owners,' not less than three days' notice before commencing to dig or sink such trench as aforesaid, and those owners shall be entitled by their officer to superintend the work, and the operators shall conform with such reasonable requirements as may be made by the owners or the officer for protecting from injury every such sewer, drain, watercourse, defence, main, pipe, syphon, electric line, or work, and for securing access thereto, and they shall also, if required by the owners thereof, repair any damage that may be done thereto.

(2.) Where the operators find it necessary to undermine but not alter the position of any pipe, electric line, or work, they shall temporarily support it in position during the execution of their

62 & 63 Vict., Cap. 19.

Laying of electric
lines, &c. near
sewers, &c. or gas
or water pipes, or
other electric
lines.

62 & 63 Vict., Cap. 19.

Notice of

accidents and inquiries by

Board of Trade.

works, and before completion provide a suitable and proper foundation for it where so undermined.

(3.) Where the operators (being the Undertakers) lay any electric line, crossing or liable to touch any mains, pipes, lines, or services belonging to any gas, electric supply, or water company, the conducting portion of the electric line shall be effectively insulated in a manner approved by the Board of Trade; and the Undertakers shall not, except with the consent of the gas, electric supply, or water company, as the case may be, and of the Board of Trade, lay their electric lines so as to come into contact with any such mains, pipes, lines, or services, or, except with the like consent, employ any such mains, pipes, lines, or services as conductors for the purposes of their supply of energy.

(4.) Any question or difference which may arise under this section shall be determined by arbitration.

(5.) If the operators make default in complying with any of the requirements of this section they shall make full compensation to all owners affected thereby for any loss, damage, penalty, or costs which they may incur by reason thereof; and in addition thereto they shall be liable for each default to a penalty not exceeding ten pounds, and to a daily penalty not exceeding five pounds : Provided that the operators shall not be subject to any such penalty if the court are of opinion that the case was one of emergency, and that the operators complied with the requirements of this section so far as was reasonable under the circumstances, or that the default in question was due to the fact that the operators were ignorant of the position of the sewer, drain, watercourse, defence, main, pipe, syphon, electric line, or work affected thereby, and that that ignorance was not owing to any negligence on the part of the operators.

gas com

(6.) For the purposes of this section the expression pany" shall mean any body or person lawfully supplying gas; the expression "water company shall mean any body or person lawfully supplying water or water power; and the expression "electric supply company shall mean any body or person supplying energy in pursuance of the principal Act but not in pursuance of the Special Order.

(7.) Where the local authority are themselves the Undertakers, the references in this section to the local authority, and to sewers, drains, watercourses, defences, or works under the jurisdiction or control of that local authority, shall not apply.

[19. 20. For protection of railway and canal companies, and telegraphic and telephonic wires.]

Compulsory Works.

[21. Mains, &c. to be laid down in streets specified in Special Order and in remainder of area of supply.]

[22. As to laying of electric line under special agreement.]

[23. If Undertakers fail to lay down mains, &c. Order may be revoked.]

[24. Manner in which requisition is to be made.]

[25. Provisions on requisition by owners or occupiers.]

[26. Provisions on requisition by local authority.]

[27-30. Supply.]

[31-34. Price.]

[35-38. Electric Inspectors.]

38.-(1.) The Undertakers shall send to the Board of Trade notice of any accident by explosion, or fire, and also of any other accident of such kind as to have caused, or to be likely to have caused, loss of life, or personal injury which has occurred in any part of the Undertakers' works or their circuits, or in connexion with those works or circuits, and also notice of any loss of life or personal injury occasioned by any such accident. The notice shall be sent by the earliest practicable post after the accident occurs,

or, as the case may be, after the loss of life or personal injury 62 & 63 Vict., becomes known to the Undertakers.

If the Undertakers fail to comply with the provisions of this sub-section they shall be liable, for each default, to a penalty not exceeding twenty pounds.

(2.) The Board of Trade may also, if they deem it necessary, appoint any electric inspector or other fit person to inquire and report as to the cause of any accident affecting the safety of the public which may have been occasioned by or in connexion with the Undertakers' works, whether notice of the accident has or has not been received from the Undertakers, or as to the manner and extent in and to which the provisions of the Special Order and the principal Act, and of the Board of Trade regulations, so far as those provisions affect the safety of the public, have been complied with by the Undertakers; and any person appointed under this section, not being an electric inspector, shall for the purposes of his appointment have all the powers of an electric inspector under the Special Order.

Testing and Inspection.

Cap. 19

39. On the occasion of the testing of any main of the Under- Testing of mains. takers reasonable notice thereof shall be given to the Undertakers by the electric inspector, and the testing shall be carried out at such suitable hours as, in the opinion of the inspector, will least interfere with the supply of energy by the Undertakers, and in such manner as the inspector thinks expedient, but, except under the provisions of an order made in each case in that behalf by the Board of Trade, he shall not be entitled to have access to or interfere with the mains of the Undertakers at any points other than those at which the Undertakers have reserved for themselves access to the said mains: Provided that the Undertakers shall not be held responsible for any interruption in the supply of energy which may be occasioned by or required by the inspector for the purpose of any such testing as aforesaid. Provided also that the testings shall not be made in regard to any particular portion of a main oftener than once in any three months, unless in pursuance of an order made in each case in that behalf by the Board of Trade. [40-48. Further provisions as to testing and inspection.] [49-59. Meters.]

Maps.

60.—(1.) The Undertakers shall forthwith after commencing to supply energy under the Special Order cause a map to be made of the area of supply, and shall cause to be marked thereon the line and the depth below the surface of all their then existing mains, service lines, and other underground works and street boxes, and shall once in every year cause that map to be duly corrected so as to show the then existing lines. The Undertakers shall also, if so required by the Board of Trade or the Postmaster-General, cause to be made sections showing the level of all their existing mains and underground works other than service lines. The said map and sections shall be made on such scale or scales as the Board of Trade prescribe.

(2.) Every map and section so made or corrected, or a copy thereof, marked with the date when it was so made or last corrected, shall be kept by the Undertakers at their principal office within the area of supply, and shall at all reasonable times be open to the inspection of all applicants, and those applicants may take copies of it or any part thereof. The Undertakers may demand and take from every such applicant such fee not exceeding one shilling for each inspection of the map, section, or copy, and such further fee not exceeding five shillings for each copy of it, or any part thereof, taken by the applicant, as they prescribe.