lrc_1927_act_27

(LRC Revised)

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LRC Revised Act

ELECTRICITY (SUPPLY) ACT 1927 (LRC Revised) Open official source

Number 27 of 1927

ELECTRICITY (SUPPLY) ACT 1927

REVISED

Updated to 23 July 2024

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative

consolidation of the

Electricity (Supply) Act 1927

. It is prepared by the Law

Reform Commission in accordance with its function under the

Law Reform Commission Act

1975

(3/1975) to keep the law under review and to undertake revision and

consolidation of statute law.

All Acts up to and including the

Courts, Civil Law, Criminal Law and

Superannuation (Miscellaneous Provisions) Act 2024

(30/2024), enacted 23 July

2024, and all statutory instruments up to and including the

Criminal Justice

(Miscellaneous Provisions) Act 2023 (Commencement) Order 2024

(S.I. No. 378 of

2024), made 23 July 2024, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

revisedacts@lawreform.ie.

Number

1927.

ELECTRICITY (SUPPLY) ACT

1927

REVISED

Updated to 23 July 2024

ARRANGEMENT OF SECTIONS

Section

Definitions.

PART

Constitution, Finance and General Functions of the Electricity Supply

Board.

Constitution of The Electricity Supply Board.

Disqualification of members,

etc., of Board from being members of the Oireachtas.

(Repealed)

Common Seal of the Board.

Removal of Members of the Board.

Procedure of the Board.

Accounts and audits.

Officers and servants of the Board.

Exercise of functions of Board through its officers.

10.

Disclosure of interest in

contract.

(Repealed)

11.

Prohibition of interests in

electrical undertakings.

(Repealed)

12.

Advances from the Central Fund to the Board.

13.

Payment of interest on advances.

14.

Repayment of advances made under this Act.

15.

Repayment of advances made under the Shannon Electricity Act, 1925.

16.

Charges on Shannon

works.

(Repealed)

17.

Control of Shannon works.

18.

Transfer of chattels to the Board.

19.

General duty of the Board.

20.

Certain general powers of the Board.

21.

Fixing of rates and scales of

charges for electricity, etc.

(Repealed)

22.

Loans by the Board to authorised undertakers.

23.

Authorised undertakers and permitted undertakers to give information to the Board.

24.

Investigation into administration, etc., of authorised undertaking.

25.

Users, etc., of electrical apparatus to give information to Board.

26.

Employment of technical, etc., advisers.

27.

General advisory functions of the Board.

28.

Investigations and surveys by the Board.

29.

Exhibitions and displays of electrical apparatus, etc.

30.

Assistance of Departments of State.

31.

Inquiries by the Board.

32.

Annual report, statistics and returns.

33.

General regulations.

(Repealed)

34.

Regulations to be incorporated

with special orders.

(Repealed)

PART

II.

Particular Functions and Powers of the Electricity Supply

Board.

35.

Prohibition of unauthorised sale of electricity.

36.

Constitution of authorised

undertakers by the Board.

(Repealed)

37.

Permits to supply electricity

to the public.

(Repealed)

38.

Acquisition by the Board of authorised undertakings.

39.

Procedure on acquisition of authorised undertaking by the Board.

40.

Control of authorised undertaking by the Board.

41.

Segregation of authorised undertaking from conjoined business.

42.

Alteration of areas of supply.

43.

Provisions consequential on extension of area of supply.

44.

Provisions consequential on reduction of an area of supply.

45.

Compulsory acquisition of land, etc., by the Board.

46.

Disposal of surplus land, etc., by the Board.

47.

Compulsory acquisition of land, etc., by authorised undertaker.

48.

Disposal of surplus land, etc.

49.

Sale and hire of electrical apparatus.

50.

Shops and showrooms.

51.

Breaking-up of streets, etc.

52.

Exercise of power to break up roads, etc.

53.

Way-leaves across land.

54.

Way-leaves across railways, etc.

55.

Cables across rivers, etc.

56.

Supply of electricity in bulk by the Board.

57.

Purchase and resale of electricity by the Board.

58.

Particular use by the Board of Shannon transmission system.

59.

Scales of methods and rates of charge.

60.

Objection to scale of charges.

61.

Closing of generating stations.

62.

Establishment and extension of generating stations, etc.

63.

Making of contracts by the Board for authorised undertakers.

64.

Amendment of frequency.

65.

Purchase, etc., of undertakings by authorised undertaker.

66.

Working of by-products.

67.

Constitution of joint committees.

68.

Mutual assistance.

69.

Supply of electricity to premises outside area of supply.

70.

Divestiture of powers and obligations.

PART

III.

Local Authorities.

71.

Expenses of local authorities.

72.

Power to local authorities to

borrow for the purposes of this Act.

(Repealed)

73.

Power to suspend annual provision for repayment of borrowed moneys.

74.

Audit of Accounts.

75.

Contracts for execution of works, etc.

76.

Expenses of carrying out agreements.

77.

Payment by local authorities of expenses of certain alterations.

78.

Application to borrowing under

this Act of the Public Health (Ireland) Acts, 1878. to 1919.

(Repealed)

79.

Public safety regulations.

80.

Allocation of surplus funds.

81.

Provision of fund as working capital.

PART

IV.

Amendments of the Shannon Electricity Act, 1925.

82.

Provision of alternative accommodation.

83.

Acquisition of land for erection of barracks.

84.

Vesting of pillars, poles, etc., in Minister.

85.

Provisions as to certain lands acquired under the Shannon Electricity Act, 1925.

86.

Exemption from stamp

duty.

(Repealed)

PART

Miscellaneous and General.

87.

Number of arbitrators.

88.

Appointment of arbitrators by the Minister.

89.

Contributions to certain associations.

90.

Stand-by supplies.

91.

Use of electric lines, etc., in or across streets or open spaces.

92.

Use of electricity supplied to railway company, etc.

93.

Prevention of preferential treatment.

94.

Notice to be given to undertakers before removing.

95.

Exemption of agreements for the supply of electricity from stamp duty.

96.

Exemption of Shannon works

from rates.

(Repealed)

97.

Power to carry out agreements.

98.

Lopping of trees by Board, an

authorised undertaker or holder of an authorisation.

99.

Power to cut off supply.

100.

Expenses of certain necessary alterations.

101.

Erection, etc., of aerials.

102.

Extension of time for construction of electrical works.

103.

Authorised gas undertakers.

104.

Relief of gas undertaker from obligation to supply gas.

105.

Transfer to the Board of certain functions of the Commissioners of Public Works.

106.

Prohibition of navigation in the River Shannon at certain periods.

107.

Transfer of powers, etc.,

under Weights and Measures Acts.

(Repealed)

108.

Inspection of apparatus.

109.

Prohibition of discharge of corrosive matter into River Shannon.

110.

Application to electricity of section 4 of the Conspiracy and Protection of Property

Act, 1875.

111.

Penalty for malicious injury.

112.

Saving of rights, etc., of Minister for Posts and Telegraphs.

113.

Repeals.

114.

Short title.

FIRST SCHEDULE.

SECOND SCHEDULE.

Acts Referred to

Shannon Electricity Act, 1925

No. 26 of 1925

Local Authorities (Officers and Employees) Act, 1926

No. 39 of 1926

Ministers and Secretaries Act, 1924

No. 16 of 1924

Land Act, 1923

No. 42 of 1923

Number

1927.

ELECTRICITY (SUPPLY) ACT

1927

REVISED

Updated to 23 July 2024

AN ACT TO MAKE PROVISION FOR THE REORGANISATION AND REGULATION OF THE GENERATION,

TRANSMISSION, DISTRIBUTION AND SUPPLY OF ELECTRICITY THROUGHOUT SAORSTÁT EIREANN AND IN PARTICULAR TO MAKE PROVISION FOR THE GENERATION OF ELECTRICITY IN

THE WORKS CONSTRUCTED BY THE STATE UNDER THE

SHANNON ELECTRICITY ACT, 1925

AND FOR THE TRANSMISSION, DISTRIBUTION, AND SUPPLY OF SUCH ELECTRICITY, AND FOR THAT

PURPOSE TO MAKE PROVISION FOR THE MANAGEMENT, ADMINISTRATION, AND CONTROL OF THE SAID

WORKS WITH A VIEW TO THE EFFICIENT AND ECONOMIC OPERATION THEREOF AND FOR OTHER MATTERS

INCIDENTAL TO OR ARISING IN THE COURSE OF THE MATTERS AFORESAID OR IN CONNECTION THEREWITH

AND TO AMEND THE SAID

SHANNON ELECTRICITY ACT, 1925

. [28

th May

, 1927.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

Annotations

Modifications (not altering

text)

References to "electric

line" construed (19.06.2014) by

ESB (Electronic Communications Networks) Act

2014

(5/2014), s. 4(1), S.I. No. 286 of 2014.

Electric line

(1) A reference to an

electric line wherever it occurs in the ESB Acts 1927 to 2014 shall be construed

and have effect and be deemed always to have had effect as meaning any line which

is used solely or amongst other things for carrying electricity for any purpose

and as including—

(

) 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 may be supported, carried or suspended,

(

) any apparatus

connected to or associated with any such line for the purpose of carrying

electricity or electronic communications services, whether such apparatus is owned

by the Board or by any company referred to in section 2 or by a company which has

been provided access or services referred to in section 3, or

(

) any wire, cable, tube,

pipe or similar thing (including its casing or coating) which is used for the

purpose of carrying electricity or electronic communications services and 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.

...

Application of Act and

collectively cited

Electricity (Supply) Acts 1927 to 2004

affected

(21.09.2011) by

European Communities (Birds and Natural Habitats) Regulations

2011

(S.I. No. 477 of 2011), regs. 42(22), 46(3), 63(2) and sch. 2, in

effect as per reg. 1(3).

Screening for

Appropriate Assessment and Appropriate Assessment of implications for European

Sites

42. ...

(22) Notwithstanding any provision

of any statute listed in the Second Schedule that provides for the consent for a

plan or project to which this Regulation applies to be obtained by default on the

failure of the public authority to provide a response within a specified timescale

or otherwise, that provision shall not have effect in respect of any plan or

project to which this Regulation applies.

...

Review of existing

plans

46. ...

(3) For the purposes of this

Regulation, a decision, including a decision to adopt or undertake, or give

approval for a plan, may include those adopted, undertaken or approved pursuant to

any of the enactments set out in the Second Schedule to these Regulations.

...

General provisions

regarding licences etc

63. ...

(2) A licence, consent,

permission, permit, derogation or other authorisation given under these

Regulations or under any of the enactments referred to in the Second Schedule may

include conditions requiring compliance with any guideline or code of practice

issued under Regulation 71 or such provisions thereof as may be specified in the

conditions.

...

SECOND SCHEDULE

...

2008

Electricity (Supply) Acts 1927 to 2004

...

Application of Act

extended, references to "authorised undertaker" construed and application of Act

restricted (14.07.1999) by

Electricity Regulation Act 1999

(23/1999), ss.

16(2), 50, S.I. No. 213 of 1999.

Authorisations to construct or

reconstruct a generating station.

16.

— ...

(2) Notwithstanding the

Electricity (Supply) Acts, 1927 to 1995, the Board may not construct or

reconstruct a generating station unless an authorisation has been granted to it by

the Commission.

...

Construction of section 54 of

Principal Act.

50.

—(1) Subject

to subsection (2), references in section 54 of the Principal Act to an authorised

undertaker shall include references to the holder of an authorisation or the

holder of a direct line permission under section 37.

(2) Where regulations made before

the commencement of this section are made by the Board under the Principal Act

which regulate the placing of electric lines across or along or either over or

under any railway, land, inland navigation, dock or harbour those regulations

shall apply to the holder of an authorisation or the holder of a direct line

permission under section 37.

(3) The Board shall not amend

regulations to which subsection (2) applies without the consent of the

Commission.

(4) The Commission may prescribe

modifications to regulations referred to in subsection (2) for the purposes of

enabling their application to the holder of an authorisation or the holder of a

direct line permission under section 37.

Applilcation of

collectively cited

Electricity (Supply) Acts

restricted (23.12.1958) by

Electricity (Supply) (Amendment) Act 1958

(35/1998), s. 9(2)(c), (d),

commenced on enactment.

Membership of either House of

the Oireachtas by members, officers or servants of the Board.

—(1) Where a member of

the Board is nominated either as a candidate for election to either House of the

Oireachtas or as a member of Seanad Éireann, he shall thereupon cease to be a

member of the Board.

(2) Where a person who is either

an officer or a servant in the employment of the Board becomes a member of either

House of the Oireachtas—

(a) he shall, during the period

(in this section referred to as the secondment period) commencing upon his

becoming entitled under the Standing Orders of that House to sit therein and

ending either when he ceases to be a member of that House or, if it should sooner

happen, upon his resignation or retirement from such employment or upon the

termination of such employment by the Board, stand seconded from such employment,

(b) he shall not be paid by, or

entitled to receive from, the Board any salary or wages, as the case may be, in

respect of the secondment period,

of the Acts, as amended by this Act, or of any scheme made in pursuance of the

Superannuation Act of 1942—

(i) the secondment period shall,

for the purposes of any such scheme, be deemed to be service of that person which

is reckonable for superannuation benefits under the scheme if, but only if—

(I) he was in the permanent

employment of the Board and was a contributor under the scheme immediately before

the commencement of the secondment period and is not an excluded person (which

expression has the same meaning in this and the next following subsection as it

has in section 13 of the Superannuation Act of 1942),

(II) he elects, by notice in

writing given to the Board within three months after the commencement of the

secondment period, to pay contributions under the scheme in respect of the

secondment period in accordance with the provisions of this subsection, and

(III) he pays, at such times and

in such manner as the committee duly appointed under the scheme to administer the

scheme may specify, contributions under the scheme in respect of the secondment

period equal in amount to the aggregate of the contributions which he would have

paid and the contributions which the Board would have paid in respect of the

secondment period if he had remained without secondment under this subsection in

the service of the Board during the secondment period and had been in receipt of

remuneration from the Board during that period,

(ii) the Board shall not pay any

contributions under the scheme in respect of the secondment period, but that part

of the contributions payable by him as aforesaid which is equal to the amount of

the contributions which the Board would have paid under the scheme in respect of

the secondment period if he had remained without secondment under this subsection

in the service of the Board during the secondment period and had been in receipt

of remuneration from the Board during that period shall, for the purposes of the

scheme, be deemed to have been paid by the Board,

(iii) if the secondment period

is terminated by his death or by his retirement from such employment, he shall,

for the purposes of the scheme, be deemed to have died in or to have been retired

from the service of the Board, as the case may be, and to have been in receipt of

remuneration from the Board immediately before such death or retirement, as the

case may be,

(iv) if he does not pay or if,

having paid contributions under the scheme in accordance with the provisions of

this subsection, he ceases to pay contributions as aforesaid, he shall, for the

purposes of the scheme, be deemed to have resigned from such employment—

(I) in case he ceases to pay

contributions as aforesaid, on the date of the last payment, and

(II) in any other case,

immediately before the commencement of the secondment period, and

(v) a reference in this or the

next following subsection to the receipt by any person of remuneration from the

Board shall be taken as a reference to the receipt by that person of remuneration

from the Board at the rate at which he was being remunerated by the Board on the

last day of his whole-time employment with the Board before his secondment under

this subsection, and

(d) (i) notwithstanding any

provisions of the Acts, as amended by this Act, if he is an excluded person and

was in the permanent employment of the Board immediately before the commencement

of the secondment period, the secondment period shall, for the purposes of the

payment of and calculation of the amount of any superannuation benefit to which he

is entitled, be deemed to be service of that person which is reckonable for

superannuation benefits payable by the Board under section 39 of the Electricity

(Supply) Act, 1927, or section 13 of the Superannuation Act of 1942 and he shall,

for the purposes aforesaid, be deemed to have been in receipt of remuneration from

the Board during the secondment period, and

(ii) if the secondment period is

terminated by his death or by his retirement from such employment, he shall, for

the purposes aforesaid, be deemed to have died in or to have been retired from the

service of the Board, as the case may be, and to have been in receipt of

remuneration from the Board immediately before such death or retirement, as the

case may be.

...

Editorial Notes

Previous affecting

provision: references to "electric line" construed (31.03.1945) by

Electricity

(Supply) (Amendment) Act 1945

(12/1945), s. 46(2), commenced on enactment;

repealed (19.06.2014) by

ESB (Electronic Communications Networks) Act 2014

(5/2014), s. 4(4), S.I. No. 286 of 2014.