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	Statutes of Northern Ireland
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PUBLIC UTILITIES (EMERGENCY POWERS) ACT (NORTHERN IRELAND) 1972

PUBLIC UTILITIES (EMERGENCY POWERS) ACT (NORTHERN IRELAND) 1972 -
LONG TITLE

An Act to confer powers on certain undertakers to enter upon, and
to carry out works on, land in cases of emergency; and for
purposes connected therewith.
[8th February, 1972]
Authority to gas and electricity undertakers to exercise certain
emergency powers.

PUBLIC UTILITIES (EMERGENCY POWERS) ACT (NORTHERN IRELAND) 1972 -
SECT 1

1.(1) Where, on an application made to it by any gas or
electricity undertakers, it appears to the Ministry of Commerce that,
for the purpose, in a case of emergency, of securing or restoring
the supply or distribution of gas or electricity to the community
or any part of the community, it is necessary for those undertakers
to enter upon and carry out works on any land, the Ministry may
authorise those undertakers to exercise the powers set out in
section 3.

(2) In this section "gas undertakers" means undertakers as defined
in [Article 2(2) of the Gas (Northern Ireland) Order 1977] and
"electricity undertakers" means [the Northern Ireland Electricity
Service].

S.2 rep. by 1973 NI 2 art.60(2) sch.4

PUBLIC UTILITIES (EMERGENCY POWERS) ACT (NORTHERN IRELAND) 1972 -
SECT 3
Emergency powers to enter land and carry out works.

3. Where undertakers are authorised by the Ministry of Commerce
under section 1 ... to exercise the powers set out in this
section, any officer or servant of those undertakers and any person
authorised in writing by those undertakers may

(a)on production if so required of his credentials, at any time
without notice, whether or not the owner or occupier of the land
gives his consent and by force, if necessary, enter upon any land
for the purpose of carrying out on that land any works mentioned
in paragraph (b) or cross any land with or without vehicles,
machinery or other equipment for the purpose of carrying out any
such works on other land;

(b)whether or not the owner or occupier of any land gives his
consent, without notice and by force, if necessary, carry out on
that land such works as the undertakers consider to be reasonably
necessary to secure or restore the supply or distribution of gas,
[or electricity].

PUBLIC UTILITIES (EMERGENCY POWERS) ACT (NORTHERN IRELAND) 1972 -
SECT 4
Offences.

4.(1) Any person who, without the consent of the appropriate
undertakers, wilfully interferes with any works carried out in
exercise of the powers conferred by this Act shall be guilty of an
offence and shall be liable on summary conviction to a fine not
exceeding #200 or to imprisonment for a term not exceeding six
months or to both such fine and such imprisonment.

(2) Any person who wilfully assaults, obstructs, impedes or hinders
a person exercising powers conferred by this Act shall be guilty of
an offence and shall be liable on summary conviction to a fine not
exceeding #100 or not exceeding #20 for every day on which the
obstruction continues, whichever is the greater, or to imprisonment
for a term not exceeding six months or to both such fine and such
imprisonment.

PUBLIC UTILITIES (EMERGENCY POWERS) ACT (NORTHERN IRELAND) 1972 -
SECT 5
Compensation.

5.(1) Where any land is damaged in the exercise of the powers of
entry conferred by this Act or in the carrying out of works
authorised by this Act or has diminished in value in consequence of
the carrying out of those works, the undertakers exercising the
power of entry or, as the case may be, carrying out the works
shall pay such compensation to the persons interested in the land
as may be just; and where any dispute arises as to whether
compensation is payable under this section, or as to the amount of
any such compensation or as to the persons to whom it is payable,
the dispute shall be referred to and determined by the Lands
Tribunal.

(2) Where for the purpose of assessing the amount of any
compensation payable under this section the value of any land is
required to be determined that value shall be determined in
accordance with rules (2) to (4) of section 2 of the Acquisition
of Land (Assessment of Compensation) Act 1919.

PUBLIC UTILITIES (EMERGENCY POWERS) ACT (NORTHERN IRELAND) 1972 -
SECT 6
Saving.

6. Nothing in this Act shall derogate from or affect the powers to
enter land or carry out works conferred on undertakers by any other
enactment.

PUBLIC UTILITIES (EMERGENCY POWERS) ACT (NORTHERN IRELAND) 1972 -
SECT 7
Short title.

7. This Act may be cited as the Public Utilities (Emergency Powers)
Act (Northern Ireland) 1972.