Section 37: Consent required for overhead lines., Electricity Act 1989

Subject to subsections (1A) to (2A) below, an electric line shall not be installed or kept installed above ground except in accordance with a consent granted by the appropriate authority.

So far as relating to the installation of an electric line, subsection (1) is subject to section 33(1) of the Planning Act 2008 (exclusion of requirement for other consents for development for which development consent required).

So far as relating to keeping an electric line installed, subsection (1) does not apply if keeping the line installed is authorised by an order granting development consent under the Planning Act 2008.

Subsection (1) above shall not apply—

in relation to an electric line which has a nominal voltage not exceeding 20 kilovolts and is used or intended to be used for supplying a single consumer;

in relation to so much of an electric line as is or will be within premises in the occupation or control of the person responsible for its installation; or

in such other cases as may be prescribed.

Subsection (1) above shall not apply in relation to an electric line that—

has a nominal voltage of 132 kilovolts or less, and

is associated with the construction or extension of a devolved Welsh generating station granted planning permission , infrastructure consent order, or consented to on or after the day on which section 39 of the Wales Act 2017 comes into force.

"Devolved Welsh generating station" means a generating station that—

is in Wales and—

generates electricity from wind, or

has a maximum capacity of 350 megawatts or less; or

is in Welsh waters and has a maximum capacity of 350 megawatts or less.

"Welsh waters" has the meaning given in section 36 above.

A consent under this section—

may include such conditions (including conditions as to the ownership and operation of the line) as appear to the appropriate authority to be appropriate;

in the case of a consent granted by the Secretary of State, may be varied or revoked by the Secretary of State at any time after the end of such period as may be specified in the consent;

in the case of a consent granted by the Scottish Ministers, may be revoked by the Scottish Ministers at any time after the end of such period as may be specified in the consent (see sections 37A to 37C as regards the variation of consents granted by the Scottish Ministers); and

subject to paragraphs (b) and (ba) above, shall continue in force for such period as may be specified in or determined by or under the consent.

Any person who without reasonable excuse contravenes the provisions of this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

No proceedings shall be instituted in England and Wales in respect of an offence under this section except by or on behalf of the Secretary of State.

In this section "appropriate authority" means—

the Scottish Ministers, in relation to an electric line installed above land in Scotland;

the Secretary of State in all other cases.

Section 37: Consent required for overhead lines.

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