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