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Statutory Instruments

2013 No. 1986

Electricity, England And Wales

The Electricity (Necessary Wayleaves and Felling and Lopping of Trees) (Charges) (England and Wales) Regulations 2013

Made

8th August 2013

Laid before Parliament

19th August 2013

Coming into force

1st October 2013

The Secretary of State, in exercise of the powers conferred by section 188(1) to (5) of the Energy Act 2004( 1 ), makes the following Regulations.

Citation, commencement and extent

1. —(1) These Regulations may be cited as the Electricity (Necessary Wayleaves and Felling and Lopping of Trees) (Charges) (England and Wales) Regulations 2013 and come into force on 1st October 2013.

(2) These Regulations extend to England and Wales.

Interpretation

2. In these Regulations—

applicant” means the person making a relevant application;

Hearing Rules” means the Electricity (Necessary Wayleaves and Felling and Lopping of Trees) (Hearing Procedures) (England and Wales) Rules 2013( 2 );

inspector” means an inspector appointed by the Secretary of State under the Hearing Rules to consider a relevant application;

oral hearing” means a hearing held under rule 13 of the Hearing Rules;

pre-hearing meeting” means a meeting held under rule 11 of the Hearing Rules;

relevant application” means—

(a)

an application made under paragraph 6(3) of Schedule 4 to the Electricity Act 1989( 3 ), or

(b)

a reference made under paragraph 9(5) of that Schedule; and

site inspection” means an inspection carried out under rule 14 of the Hearing Rules.

Fees for a relevant application

3. An applicant must pay a charge of £34 to the Secretary of State when making a relevant application.

Fees for inspector’s time

4. —(1) An applicant must pay to the Secretary of State—

(a) the daily charge for each day on which an inspector is engaged on work connected with the relevant application;

(b) a charge of an amount equal to the reasonable cost of travelling and subsistence incurred by the inspector in connection with attending a pre-hearing meeting, oral hearing or site inspection.

(2) For the purposes of paragraph (1)—

(a) day” means the period of 7.4 hours; and

(b) where the inspector is engaged on work connected with the relevant application for less than a day, the daily charge applies adjusted rateably.

(3) In paragraph (1)(a), “the daily charge” means—

(a) £1,000 where the relevant application relates to England; or

(b) £742 where the relevant application relates to—

(i) Wales; or

(ii) England and Wales.

(4) A charge payable under paragraph (1) must be paid by the applicant within 30 days of the receipt of an invoice from the Secretary of State stating the amount of charge payable.

(5) The Secretary of State may send an invoice to an applicant in respect of a charge payable under paragraph (1) at the conclusion of the relevant application.

Michael Fallon

Minister of State for Energy

Department of Energy and Climate Change

8th August 2013

( 1 )

2004 c.20 ; section 188 was amended by the Energy Act 2008, section 36 and paragraphs 13(a), (b), (c), (d) and (e) of Schedule 1; and S.I. 2011/1043 , article 6(1)(d).

( 3 )

1989 c.29 .

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Electricity (Necessary Wayleaves and Felling and Lopping of Trees) (Charges) (England and Wales) Regulations 2013 (2013/1986)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
Defined TermSection/ArticleIDScope of Application
applicantreg. 2.applicant_rtwNtia
dayreg. 4.day_rtDqvy4
Hearing Rulesreg. 2.Hearing_Ru_rtqPf9U
inspectorreg. 2.inspector_rtWkiMe
oral hearingreg. 2.oral_heari_rth5De1
pre-hearing meetingreg. 2.pre-hearin_rtiaAsV
relevant applicationreg. 2.relevant_a_rt8y4Lz
site inspectionreg. 2.site_inspe_rtPeXJH
the daily chargereg. 4.the_daily__rtreEpJ
This instrument is derived from the version at www.legislation.gov.uk. To see a list of all amendments (including any to be made) check the resources page for this instrument on their website. Note, the status of this instrument is given above.
This instrument is derived from the version at www.legislation.gov.uk. To see original commencement information, check the resources page associated with this instrument. n.b. commencement information for marked amendments is embedded in the relevant footnote.

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