PART II.

Particular Functions and Powers of the Electricity Supply Board.

35. —(1) From and after the expiration of six months from the passing of this Act or such further period as may be fixed by the Board for any particular area, no person (other than the Board) shall sell electricity or supply electricity for sale unless he is an authorised undertaker or is a person authorised by a permit granted under this Act to supply electricity.

(2) No authorised undertaker shall sell electricity or supply electricity for sale outside his area of supply save in so far as he is authorised so to do by or under the Act or special or other order by virtue of which he is an authorised undertaker or by or under this Act and no authorised undertaker shall sell electricity or supply electricity for sale otherwise than in accordance with such Act or special or other order as aforesaid and this Act.

(3) No person who is for the time being the holder of a permit to supply electricity granted under this Act shall sell electricity or supply electricity for sale otherwise than in accordance with such permit.

(4) The Board shall serve on every person who to the knowledge of the Board sells electricity or supplies electricity for sale in contravention of this section a notice in writing requiring such person to cease within fourteen days from the date of the service of such notice to sell electricity or supply electricity for sale as aforesaid.

(5) Every person who shall sell electricity or supply electricity for sale in contravention of this section after the expiration of fourteen days from the service on him of a notice under the foregoing sub-section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to imprisonment with or without hard labour for any term not exceeding six months or, at the discretion of the court, to a fine not exceeding one hundred pounds together with, in the case of a continuing offence, a further fine of ten pounds for every day the offence continues, or to both such imprisonment and such fine.

36. —(1) The Board may by special order authorise any person (notwithstanding any enactment prohibiting such person from generating electricity for distribution and supply to the public or from distributing and supplying electricity to the public) to generate, distribute, and supply or to distribute and supply to the public electricity for all purposes within a particular specified area which at the date of the order is not included in and does not include the whole or any part of the area of supply of an authorised undertaker.

(2) There shall be paid to the Board in respect of the making of every special order made under this section by the person authorised by such order to generate, distribute and supply or to distribute and supply electricity such fee as shall be fixed in that behalf by the regulations made by the Board under this Act and the payment of such fee shall be a condition precedent to the making of such order.

(3) Every special order made under this section shall operate to constitute the person thereby authorised to supply electricity to be the authorised undertaker for the particular area specified in the order and to confer on such person the exclusive right to supply electricity in such area.

37. —(1) The Board may subject to the provisions of this section grant to any person (notwithstanding any enactment prohibiting such person from generating electricity for distribution and supply to the public or from distributing and supplying electricity to the public) a permit to generate, distribute, and supply or to distribute and supply either to the public generally or to particular classes or members of the public electricity either for all purposes or for one or more specified purposes in a specified area subject to such of the provisions of this Act and such other conditions as may be specified in the permit.

(2) There shall be paid to the Board in respect of the granting of every permit granted under this section by the person to whom such permit is granted such fee as shall be fixed in that behalf by the regulations made by the Board under this Act and the payment of such fee shall be a condition precedent to the granting of such permit.

(3) The Board shall not grant a permit under this section to any person to supply electricity to any person in an area of supply to whom an authorised undertaker is able and willing to supply electricity.

(4) The Board shall not until the Oireachtas otherwise determines refuse to grant to any person who was on the 31st day of March, 1927, supplying electricity to the public in any area otherwise than as an authorised undertaker a permit under this section to continue supplying electricity to the public in that area if no alternative supply of electricity is available for that area and the Board is satisfied that such person as aforesaid is willing to comply with such of the provisions of this Act and such other conditions as apply or may be applied under this Act to authorised undertakers as the Board may propose to specify in the permit, and the Board shall not revoke a permit granted under this section to any such person as aforesaid so long as no alternative supply of electricity is available for the area to which such permit relates and the person to whom the permit is granted continues, to the satisfaction of the Board, to comply with such of the provisions of this Act and the conditions so specified in the permit.

(5) A permit granted under this section shall operate to empower the person to whom it is granted to generate, distribute, and supply or distribute and supply (as the case may be) electricity in accordance with the terms thereof and may also if so expressed operate to confer on such person the exclusive right to supply electricity either for all purposes or for one or more specified purposes in the area specified in the permit.

(6) A permit granted under this section may be expressed and if so expressed shall operate to confer and impose on the person to whom it is granted all or any of the powers, functions, obligations and duties conferred or imposed on an authorised undertaker by this Act and regulations made thereunder and to confer on the Board the like powers in relation to such person and his undertaking as are conferred on it by this Act or the regulations made thereunder in relation to an authorised undertaker or his undertaking, and for the purpose of the application of this Act and such regulations to a permit so expressed and to the person to whom such permit is granted the expression “authorised undertaker” in this Act and such regulations shall include such person and references to the undertaking of an authorised undertaker shall include the undertaking of a permitted undertaker.

(7) A permit granted under this section may be modified or revoked by the Board as and when it thinks fit.

(8) A permit granted under this section shall, subject to all (if any) modifications made therein by the Board, continue in force during the period specified in that behalf in the permit or, if no such period is so specified, until the permit is revoked by the Board.

38. —(1) Notwithstanding anything contained in any Act or order, any authorised undertaker may at any time request the Board to acquire his undertaking and thereupon the Board, if it thinks fit so to do, may by order acquire such undertaking.

(2) The Board may by order at any time acquire the undertaking of any authorised undertaker, and also may at any time by agreement with any person generating, distributing and supplying or distributing and supplying electricity in pursuance of a permit granted to such person under this Act acquire the undertaking (or any part thereof) of such person.

39. —(1) Whenever the Board proposes to acquire under this Act the undertaking of an authorised undertaker (hereinafter in this section called the former undertaker) the Board shall send or deliver to such undertaker a notice in writing (hereinafter in this section called the notice of acquisition) of such proposal specifying the date on which the Board proposes to acquire the undertaking (hereinafter in this section called the date of acquisition).

(2) The Board shall on the date of acquisition by special order (hereinafter in this section called the vesting order) constitute itself or some other person to be the authorised undertaker (hereinafter in this section called the new undertaker) for the area of supply of the former undertaker and shall transfer to and vest in the new undertaker all the property, assets, and liabilities as hereinafter provided of the former undertaker in relation to the undertaking.

(3) The vesting order, in so far as it purports to constitute the new undertaker to be an authorised undertaker, shall have the like operation and effect as a special order made by the Board under the appropriate section of this Act either (as the case may require) declaring the Board to be the authorised undertaker for an area of supply or constituting a person to be the authorised undertaker for an area of supply.

(4) The vesting order, in so far as it purports to transfer to and vest in the new undertaker the property, assets, and liabilities of the former undertaker, shall be expressed and shall operate:—

(a) to transfer to and vest in the new undertaker free from all charges and encumbrances all the property and assets of the former undertaker owned and used by him (including property out on loan or hire to consumers) on the date of the vesting order for the purposes of the undertaking, and

(b) to transfer to and vest in the new undertaker all book debts and other moneys owing to the former undertaker on account of the undertaking on the date of the vesting order and the right to sue for, recover, and give good receipts for such debts and moneys, and

(c) to impose on and vest in the new undertaker the liability for and obligation to indemnify the former undertaker against all debts and liabilities owing by the former undertaker on account of the undertaking on the date of the vesting order save and except—

(i) capital liabilities, mortgages, loans, and bank over draft, and

(ii) any liability exceeding one thousand pounds incurred after the 31st day of March, 1927, and before the constitution of the Board without the consent of the Minister or incurred after the constitution of the Board without the consent of the Board.

(5) Immediately upon the service on the former undertaker of the notice of acquisition the former undertaker shall cease to be an authorised undertaker but (notwithstanding anything contained in this or any other Act or in any order) shall continue to carry on his undertaking until the date of the vesting order and shall until that date have and perform all such rights, powers duties, and obligations as were immediately before the service of the notice of acquisition conferred or imposed on him by this or any other Act or any order and are necessary for such carrying on of his undertaking.

(6) Whenever the former undertaker is a local authority the new undertaker shall as on and from the date of the vesting order become and be by virtue of this sub-section liable for and bound to indemnify and keep indemnified the former undertaker against all capital loans (including current bank overdraft) outstanding at the date of the vesting order and borrowed by the former undertaker for the purpose of the undertaking and all mortgages and charges on the undertaking or the assets thereof outstanding on the date of the vesting order (save and except loans borrowed and mortgages and charges created after the 31st day of March, 1927, and before the constitution of the Board without the consent of the Minister or after the constitution of the Board without the consent of the Board) and also the interest on such loans, mortgages, and charges from the date of the vesting order.

(7) Whenever the former undertaker is a local authority, and has before the 31st day of March, 1927, raised by means of the rates any sum in aid of the undertaking, the new undertaker shall as on and from the date of the vesting order become and be by virtue of this sub-section liable to pay such sum (less an amount equal to the portion (if any) thereof which has before the date of the vesting order been paid to the general revenue account of such local authority in relief of rates) to the former undertaker by ten equal yearly instalments, the first of which shall be payable twelve months after the date of the vesting order, and each of which shall when received by the former undertaker be paid into its general revenue account in relief of rates.

(8) Whenever the former undertaker is not a local authority the new undertaker shall within three months after the date of the vesting order pay to the Board or, if the Board is itself the new undertaker, shall put to a separate account a sum equal to the fair value on the date of the vesting order of the undertaking (with all the property, assets, and liabilities thereof transferred to or imposed on the new undertaker by the vesting order) as a going concern and interest on such fair value from the date of the vesting order at the rate of five per cent. per annum, such fair value to be fixed, in default of agreement, by an arbitrator agreed upon by the former undertaker and the new undertaker or failing such agreement appointed by the High Court, and as soon as may be after such payment or putting to a separate account the Board shall out of the moneys so paid to it or put to a separate account by it discharge so far as such moneys are sufficient for that purpose all mortgages and charges affecting the undertaking or any of the property or assets thereof on the date of the vesting order and shall pay the residue (if any) of such moneys to the former undertaker.

In fixing for the purposes of this sub-section the fair value of an undertaking the arbitrator shall not include any sum or allowance on account of any accretion of value arising directly or indirectly from the operation of the Shannon works.

(9) Every person who, immediately before the date of the vesting order, is in the employment of the former undertaker and is employed by him in relation to the undertaking and had been so employed before the 31st day of March, 1927, shall, on the making of the vesting order,(unless such person elects with the consent of the former undertaker to remain in the service of such undertaker in another capacity) become a servant of the new undertaker upon the same terms (including increment pension and superannuation rights) as he was on the 31st day of March, 1927, employed by the former undertaker, with such increases of salary and other benefits as may before the date of the vesting order have accrued to him from those terms by effluxion of time and such further increases of salary and other benefits as may have been conferred on him by the former undertaker, after the 31st day of March, 1927, and before the constitution of the Board, with the consent of the Minister or, after the constitution of the Board, with the consent of the Board.

(10) If any dispute or question shall arise as to whether any person was, immediately before the date of the vesting order, in the employment of the former undertaker, and was employed by him in relation to the undertaking, and had been so employed before the 31st day of March, 1927, such dispute or question shall, if the Board is itself the new undertaker, be determined by the Minister, and shall, if the Board is not itself the new undertaker be determined by the Board.

(11) Every person who, immediately before the date of the vesting order, is in the employment of the former undertaker and is employed by him in relation to the undertaking and was first so employed on or after the 31st day of March, 1927, shall, on the making of the vesting order, become a servant of the new undertaker upon the same terms (including pension and superannuation rights) as he was immediately before the date of the vesting order employed by the former undertaker if, but only if, his employment by the former undertaker in relation to the undertaking and the terms on which he was so employed immediately before the date of the vesting order were approved of by the Minister before the constitution of the Board or by the Board after its constitution.

(12) For the purpose of calculating the pension and superannuation rights against the new undertaker of a person transferred by this section from the service of the former undertaker to the service of the new undertaker, the periods of service of such person with the former undertaker and the new undertaker respectively shall be reckoned as continuous service with the new undertaker.

(13) Whenever the former undertaker is a local authority and any dispute arises between the new undertaker and any person transferred by this section from the service of the former undertaker to the service of the new undertaker in relation to any right of such person which dispute, if it had arisen between such former undertaker and such person before such transfer, might at the instance of such person have been referred to the Minister for Local Government and Public Health for his decision, such dispute shall, if such person so requires, be referred to the said Minister, whose decision thereon shall be final and conclusive.

40. —(1) The Board may by order take control at any time of the undertaking of an authorised undertaker.

(2) The following provisions shall apply to every order (in this Act called a control order) by which the Board takes control of an undertaking under this section or under any other section of this Act, that is to say:—

(a) the Board may in the control order state the date (not being prior to nor more than three months subsequent to the date of the control order) on and from which it thereby takes control of the undertaking, and if no such date is so stated the Board shall be deemed to take such control on and from the date of the order,

(b) the Board may in the control order state the period for which it thereby takes control of the undertaking, but such period shall not be less than the minimum period (if any) applicable under this Act nor more in any case than five years,

(c) if no such period is stated in the control order the Board shall be deemed thereby to take control of the undertaking for the period of five years or until the Board sooner relinquishes such control, and in such case the Board may by order at any time, but where such minimum period as aforesaid is applicable, not before the expiration of such minimum period, relinquish such control.

(3) Whenever the Board takes control under this Act of the undertaking of an authorised undertaker the following provisions shall apply, that is to say:—

(a) so long as such control continues the Board shall maintain, work, and manage the undertaking and shall for that purpose have full possession, control, use, and occupation of all the property and assets of the authorised undertaker and the right to use the name of the authorised undertaker,

(b) upon the commencement of the control all persons in the employment of the authorised undertaker and employed by him in relation to the undertaking shall become servants of the Board upon the same terms as they were, immediately before such commencement, employed by the authorised undertaker and with the same (if any) rights against the Board to pension and superannuation allowance as they had against the authorised undertaker immediately before such commencement and for the purpose of such pension and superannuation allowance the period of service of any such person with the authorised undertaker before such commencement and his period of service under the Board during the control shall be reckoned as continuous service under the Board: provided that no such person shall during the control be transferred from the undertaking without his consent,

(c) the Board may during the control employ such and so many persons (whether previously employed or not employed by the authorised undertaker) in relation to the undertaking as it thinks fit,

(d) the Board shall have all the benefits and perform all the obligations of the authorised undertaker under any contract subsisting immediately before the commencement of the control but so far only as such contract is to be performed during the control, and the Board shall during the control be entitled to sue and be liable to be sued in relation to any such contract in the name of the authorised undertaker,

(e) all profits earned by the undertaking during the control shall, at the discretion of Board, either be paid into a reserve fund or a renewals fund or other like fund belonging to or for the benefit of the undertaking or be paid to the authorised undertaker and applied by him according to law as profits earned by him from the undertaking,

(f) all losses incurred by the undertaking during the control shall be paid by the Board but may if the Board so thinks fit be recouped to the Board out of the reserve or other funds (if any) of the authorised undertaker to an amount not exceeding in respect of any year the amount of the average annual losses (if any) incurred by the undertaking during the period of five years immediately preceding the date of the commencement of the period of control,

(g) the authorised undertaker may at any time during the control require the Board to acquire the undertaking and the Board upon being so required shall forthwith acquire the undertaking,

(h) at the expiration by effluxion of time of the period of control the Board shall do by order one or other as the Board thinks fit of the following things, that is to say, either acquire the undertaking or relinquish control of the undertaking.

(4) When the Board relinquishes control of an undertaking the following provisions shall have effect, that is to say:—

(a) the rights of the Board under the control order in respect of the undertaking and the property and assets of the authorised undertaker and of his name shall cease,

(b) all property and assets acquired by the Board during the control out of money derived from the undertaking and held by the Board at the expiration of the control shall become the property of the authorised undertaker,

(c) all persons who are at the expiration of the control employed by the Board in relation to the undertaking shall become servants of the authorised undertaker upon the same terms as they were, immediately before such expiration, employed by the Board and with the same (if any) rights against the authorised undertaker to pension and superannuation allowance as they had against the Board immediately before such expiration, and for the purpose of such pension and superannuation allowance the period of service of any such person under the Board shall be reckoned as service with the authorised undertaker,

(d) the authorised undertaker may, not later than one month after the relinquishment by the Board of the control of the undertaking of such authorised undertaker, give to any person (not being a person who was at the date of the commencement of the control employed by such authorised undertaker) who is at the expiration of the control employed by the Board in relation to such undertaking and becomes a servant of such authorised undertaker notice in writing of the termination of his employment as a servant of such authorised undertaker notice in writing of the termination of his employment as a servant of such authorised undertaker and every such notice shall be expressed and operate to terminate the employment as such servant of such person at the expiration of one month from the date thereof or, in the case of a person whose contract of service with the Board provided for the termination of such service upon notice of a less period than one month, at the expiration of such less period.

41. —(1) Whenever the undertaking of an authorised undertaker is carried on by him in conjunction with or as part of another business owned by him, the Board may, for the purpose of the acquisition or the taking control of such undertaking by it under this Act or for any other purpose arising under this Act, require such authorised undertaker to furnish to the Board within the time (not being less than one month) appointed by it in that behalf a segregation statement within the meaning of this section in relation to such undertaking.

(2) Whenever an authorised undertaker, on being required under this section to furnish to the Board a segregation statement in relation to his undertaking refuses or neglects so to do within the time appointed by the Board in that behalf or furnishes within such time to the Board a segregation statement which, in the opinion of the Board, is unsatisfactory the Board may itself prepare such segregation statement.

(3) If any question or dispute arises between an authorised undertaker and the Board upon any segregation statement prepared by the Board under this section such question or dispute shall be determined by an arbitrator appointed by the Minister on the application of such authorised undertaker or the Board (as the case may be) and such arbitrator shall have power to amend such segregation statement and such segregation statement as so amended shall for the purposes of this section be deemed to be a segregation statement prepared by the Board under this section.

(4) For the purposes of this section, a segregation statement in relation to the undertaking of an authorised undertaker is a statement, in such form as is directed by the Board, showing—

(a) how much or which part of the capital liability of the authorised undertaker represents moneys expended on such undertaking, and

(b) how much or which of the debts and liabilities of the authorised undertaker were incurred on account of such undertaking, and

(c) how much or which of the book debts and other moneys owing to the authorised undertaker are so owing in respect or on account of such undertaking, and

(d) what part or which of the lands, buildings, plant, machinery, chattels, and other property (not being money or security for money) belonging to the authorised undertaker is used for the purposes of such undertaking, and

(e) how much or which of the moneys in hand and of the investments and other securities for money belonging to the authorised undertaker are attributable to such undertaking, and

(f) which of the persons employed by the authorised undertaker are so employed in or for the purposes of such undertaking.

(5) Whenever a segregation statement is furnished by an authorised undertaker or is prepared by the Board under this section in relation to an undertaking, such undertaking shall for the purpose of the acquisition or taking control thereof by the Board under this Act or for any other purpose arising under this Act be deemed to consist and may be treated by the Board as consisting only of such capital liability, debts and liabilities, book debts and other moneys, property, moneys in hand and securities for money, and persons as are stated in such segregation statement to represent moneys expended, to have been incurred, to be owing, to be used, to be attributable, or to be employed (as the case may be) on, or on account of, or in respect of, or to, or for the purposes of such undertaking.

42. —(1) The Board may whenever it so thinks proper by order alter the area of supply of any authorised undertaker either by way of extension or of reduction or of both extension and reduction of such area.

(2) Whenever the Board makes an order under this section altering an area of supply of an authorised undertaker such area as so altered shall for all purposes be the area of supply of such authorised undertaker and the Act, order, memorandum of association, or other document constituting such authorised undertaker and also the Act or order by virtue of which he is an authorised undertaker shall have effect accordingly.

(3) Whenever the Board makes an order under this section altering an area of supply of an authorised undertaker the Board shall by such order make such (if any) adaptations of the Act, order, memorandum of association, or other document constituting such authorised undertaker and of the Act or order by virtue of which he is an authorised undertaker as shall appear to the Board to be necessary to enable such document, Act, or order to have effect in respect of the area of supply as so altered as fully as it had in such area of supply before it was so altered.

(4) The Board shall not by an order under this section add to the area of supply of an authorised undertaker any area which at the date of such order is part of the area of supply of another authorised undertaker.

(5) This section shall apply to an area of supply of which the Board is the authorised undertaker as fully as it applies to any other area of supply.

(6) The Board shall not alter the area of supply of an authorised undertaker (other than the Board itself) under this section without previously giving such authorised undertaker an opportunity to be heard in respect of such alteration.

(7) An order made by the Board under this section may provide that such order shall come into operation on a date subsequent but not more than six months subsequent to the date of such order, and when any such order so provides such order shall come into operation accordingly.

43. —Whenever the Board, by an alteration made under this Act of the area of supply of an authorised undertaker, extends such area (whether the Board does or does not at the same or any other time in other respects reduce such area) the following provisions shall have effect, that is to say, if the extent of the area so added to such area of supply exceeds one-tenth of the extent of such area of supply before it was so altered, such authorised undertaker may within one month after the date of the order of the Board making such alteration require the Board to acquire the undertaking of such authorised undertaker and thereupon the Board shall by order do whichever of the following things it thinks proper, that is to say, either acquire such undertaking or take control of such undertaking for a period of not less than two years.

44. —Whenever the Board, by an alteration made under this Act of the area of supply of an authorised undertaker, reduces such area (whether the Board does or does not at the same or any other time in other respects extend such area) the following provisions shall have effect, that is to say:—

(a) all wires, transformers, poles, and other fixed machinery and apparatus for the transmission or distribution of electricity which at the date of the coming into operation of the order effecting the alteration of the area of supply are the property of such authorised undertaker and situate in the area (hereinafter called the severed area) taken from such area of supply by such order and all meters, stoves, lamps, wires, connections, and other electrical apparatus which on the said date are the property of such authorised undertaker and are hired to or fixed on the premises of consumers in the severed area shall on the said date vest in and become the property of the Board,

(b) the Board shall within three months after the said date pay to such authorised undertaker the fair value as of the said date of all property of such authorised undertaker which under the foregoing paragraph becomes the property of the Board, such value, in default of agreement, to be fixed by an arbitrator appointed by the Minister,

(c) if the Board becomes itself the authorised undertaker in the severed area, the Board may utilise all such property as aforesaid in such way as it thinks proper,

(d) if some person other than the Board becomes within three months after the said date the authorised undertaker in the severed area, such person shall purchase all such property as aforesaid from the Board for the fair value thereof on the said date and such value shall, so far as not fixed already by an arbitrator under this Act, be fixed, in default of agreement, by an arbitrator appointed by the Minister,

(e) the defrayal of expenses necessarily and properly incurred by such authorised undertaker in providing for the maintenance of the supply of electricity in the part of his area of supply which remains after the severance therefrom of the severed area shall be a purpose for which such authorised undertaker may borrow under this Act.

45. —(1) If and whenever the Board thinks proper to acquire compulsorily any land or to acquire or use compulsorily any easement or other right over land or any right of impounding, diverting, or abstracting water for the purpose of the exercise of any of the powers or the performance of any of the duties or functions conferred or imposed on it by this Act, the Board may by special order declare its intention so to acquire such land or so to acquire or use such right, and every such special order shall operate to confer on the Board full power to acquire compulsorily the land or to acquire or use compulsorily the right mentioned therein under and in accordance with this section.

(2) The Board shall not make a special order under this section in relation to the compulsory acquisition of a right of impounding, diverting, or abstracting water without previous consultation with the Minister for Fisheries.

(3) The Board shall not make a special order under this section in relation to the compulsory acquisition of a right of impounding, diverting, or abstracting water in or from any canal without previous consultation with the Minister.

(4) Before making a special order under this section, the Board—

(a) shall deposit and keep open for inspection in its principal office or some other suitable place such plans, specifications, and other documents as will show fully and clearly the land or right intended to be acquired or used by virtue of the order, and

(b) shall give notice, in such manner as it may consider best adapted for informing persons likely to be affected by the order, of its intention to consider the making thereof and of the manner in which representations and objections in respect of the order may be made, and

(c) shall, if it considers it expedient so to do, cause a public inquiry to be held in regard to the making of the order.

(5) A special order made under this section may incorporate—

(a) the Acquisition of Land (Assessment of Compensation) Act, 1919, with the modification that the expression “public authority” shall include the Board, and

(b) the Lands Clauses Acts so far as the same are not inconsistent with the said Acquisition of Land (Assessment of Compensation) Act, 1919.

(6) Nothing in this section shall authorise the Board to acquire use, or otherwise interfere with compulsorily under this section any land or water or any easement or other right over land which at the date of the first publication of notice of the intention of the Board to consider the making of a special order in that behalf belongs to a gas or water undertaker and is used or authorised to be used by such undertaker for the purpose of his undertaking.

46. —The Board may at any time dispose in such manner as it thinks proper of any land or any easements or other rights in respect of land or water or any works, buildings, or other property acquired or constructed by it under this Act which appears to the Board to be no longer required by it for the performance of its duties or the exercise of its functions under this Act.

47. —(1) The Board if it thinks proper so to do may by special order empower any authorised undertaker to acquire compulsorily any land or to acquire or use compulsorily any easement, or other right over any land, or any right of impounding, diverting, or abstracting water, which may be necessary or convenient for the establishment or extension of a generating station, the development of water-power for the generation of electricity, the transformation, transmission, or distribution of electricity, or the construction of any works authorised by the Board, and any such order may empower the authorised undertaker to exercise the powers aforesaid either within or outside the area of supply of the authorised undertaker, and in the case of an authorised undertaker which is a local authority either within or outside their district.

(2) A special order under this section authorising the compulsory acquisition of a right of impounding, diverting, or abstracting water shall not be made by the Board without previous consultation with the Minister for Fisheries.

(3) A special order under this section authorising the compulsory acquisition of a right of impounding, diverting, or abstracting water in or from any canal shall not be made by the Board without previous consultation with the Minister.

(4) Before a special order is made under this section the authorised undertaker shall deposit with the Board such plans, specifications, and other documents as shall be required by the Board and after the deposit of such documents the Board shall give notice, in such manner as it may consider best adapted for informing persons likely to be affected by the order, of its intention to consider the making thereof and of the manner in which representations and objections in respect of the order may be made, and shall, if it shall consider it expedient so to do, cause a public inquiry to be held in regard to any matter relating to the making of such order.

(5) A special order made under this section may incorporate—

(a) the Acquisition of Land (Assessment of Compensation) Act, 1919, with the modification that the expression “public authority” shall include the authorised undertaker to whom the order relates, and

(b) the Lands Clauses Acts so far as the same are not inconsistent with the said Acquisition of Land (Assessment of Compensation) Act, 1919.

(6) No special order shall be made under this section—

(a) in respect of any matter which the Board is of opinion, as a result of representations made to it or the report of the person holding a public inquiry, or otherwise, is of such a character or magnitude that it ought not to be proceeded with, or

(b) authorising the compulsory acquisition or use of, or interference with, any land or water or any easement or other right over land which at the date of the first publication of notice of the intention of the Board to consider the making of the order belongs to a gas or water undertaker and is used or authorised to be used by such undertaker for the purpose of his undertaking.

48. —Any authorised undertaker may, with the consent of the Board, dispose of any land, works, or other property, which may appear to him to be no longer required for the purposes of his undertaking, subject, as respects any land which is subject to any right of pre-emption, to that right.

49. —(1) The Board may manufacture and the Board and also any authorised undertaker with the consent of the Board may provide, sell, or let on hire any electric lines, fittings, apparatus, and appliances for lighting, heating, motive power or any other purpose for which electricity can or may be used and may connect, repair, maintain, and remove any lines, fittings, apparatus, and appliances so provided, sold, or let on hire, and may in respect of such lines, fittings, apparatus, and appliances demand and take such remuneration or rents and charges and make such terms and conditions as may be agreed upon.

(2) In the exercise of its powers under the foregoing sub-section the Board shall have regard to the desirability of taking measures to ensure the promotion and extension of the manufacture in Saorstát Eireann of electric lines, fittings, apparatus and appliances.

(3) All charges made by the Board or by an authorised undertaker for the sale or letting on hire of electric lines, fittings, apparatus or appliances shall be fixed at such rates that the revenue derived by the Board or by such authorised undertaker (as the case may be) from such sale and such letting on hire shall not be less than the expenditure incurred in or about such sale and letting on hire including the cost of providing or (in the case of the Board) manufacturing such electric lines, fittings, apparatus or appliances.

(4) The Board shall keep separate accounts in relation to moneys received and expended by it in or in connection with the manufacture, provision, sale, and letting on hire of electric lines, fittings, apparatus and appliances.

(5) Neither the Board nor any authorised undertaker shall attach to the supply of electricity any condition involving the provision by or purchase or hire from the Board or from such authorised undertaker of any electric lines, fittings, apparatus, or appliances, nor give any preference direct or indirect to any consumer on condition of such provision by or purchase or hire from the Board or from such authorised undertaker.

(6) All electric lines, fittings, apparatus, and appliances provided or let on hire by or on behalf of an authorised undertaker on a consumer's premises either before or after the passing of this Act, and also all lands, buildings and works held by an authorised undertaker in connection with his undertaking shall be deemed to form part of the undertaking authorised by the special Act or order relating to such authorised undertaker.

(7) For the purposes of this section, electric lines, fittings, apparatus, and appliances disposed of by the Board or by an authorised undertaker on terms of payment by instalments shall until the whole of the instalments have been paid, be deemed to be electric lines, fittings, apparatus, or appliances (as the case may be) let on hire by the Board or the undertaker and shall not be subject to distress or to the landlord's remedy for rent of the premises where the same may be nor to be taken in execution under any process of a court of law or equity or any proceedings in bankruptcy against the person in whose possession the same may be.

(8) Nothing in this section shall affect the amount of the assessment for rating of any premises upon which any electric lines, fittings, apparatus, or appliances are or shall be fixed.

50. —The Board and also any authorised undertaker who is authorised under this Act to provide, sell, or let on hire electric lines, fittings, apparatus, and appliances may, subject in the case of an authorised undertaker to the consent of the Board, maintain shops and showrooms for the display, sale and hire of such lines, fittings, apparatus and appliances and conduct displays, exhibitions, and demonstrations of such lines, fittings, apparatus and appliances, and generally do all things (including advertising) incidental to the provision, sale, and letting on hire of such lines, fittings, apparatus, and appliances and the promotion and encouragement of, in the case of the Board, the use generally of such lines, fittings, apparatus and appliances and, in the case of an authorised undertaker, the use of such lines, fittings, apparatus, and appliances in the area of supply of such authorised undertaker.

51. —(1) The Board may whenever it thinks proper lay lines for the transmission and lines for the distribution of electricity along, across, or under any street, road, railway, or tramway and may for that or any incidental purpose or for any other purpose arising in the course of the exercise or performance of any power or duty conferred or imposed on it by this Act or any order or regulation made thereunder break up any street, road, railway, or tramway.

(2) The Board may by order confer on any authorised undertaker power, either generally or for any particular purpose or on any particular occasion and with and subject to such (if any) restrictions and conditions as the Board thinks proper, to lay electric lines along, across, or under any street, road, railway, or tramway whether within or outside the area of supply of such authorised undertaker, and for that or any incidental purpose to break up such street, road, railway, or tramway.

52. —(1) The Board shall not break up any road without previous consultation with the local authority in whose district such road is situate and shall not break up any railway or tramway without previous consultation with the Minister.

(2) No order authorising an authorised undertaker to break up any road shall be made by the Board under this Act without previous consultation with the local authority in whose district such road is situate, and no order authorising an authorised undertaker to break up any railway or tramway shall be made by the Board under this Act without previous consultation with the Minister.

53. —(1) The Board and also any authorised undertaker may, subject to the provisions of this section, and of regulations made by the Board under this Act place any electric line above or below ground across any land not being a street, road, railway, or tramway.

(2) The Board and also any authorised undertaker may attach to any wall, house, or other building any bracket or other fixture required for the carrying or support of an electric line or any electrical apparatus.

(3) Before placing an electric line across any land or attaching any fixture to any building under this section the Board or the authorised undertaker (as the case may be) shall serve on the owner and on the occupier of such land or building a notice in writing stating its or his intention so to place the line or attach the fixture (as the case may be) and giving a description of the nature of the line or fixture and of the position and manner in which it is intended to be placed or attached.

(4) If within fourteen days after the service of such notice the owner and the occupier of such land or building give their consent to the placing of such line or the attaching of such fixture (as the case may be) in accordance with such notice either unconditionally or with conditions acceptable to the Board, or to the authorised undertaker and approved by the Board (as the case may require), the Board or the authorised undertaker may proceed to place such line across such land or to attach such fixture to such building in the position and manner stated in such notice.

(5) If the owner or occupier of such land or building fails within the fourteen days aforesaid to give his consent in accordance with the foregoing sub-section the Board or the authorised undertaker with the consent of the Board but not otherwise may place such line across such land or attach such fixture to such building in the position and manner stated in the said notice.

(6) Where any authorised undertaker has under any terminable agreement or arrangement, whether made before or after the passing of this Act, placed any electric line across any land or attached any such fixture as aforesaid to any such building as aforesaid, such authorised undertaker may notwithstanding the termination of such agreement or arrangement but subject to the provisions of this section, retain the line across the land or the fixture attached to the building in the same position, on the same terms, and subject to the same conditions as during the continuance of the said agreement or arrangement.

(7) The owner or the occupier of any land or building across or on which an electric line or a fixture is or might be retained under this section after the termination of an agreement or arrangement may by notice in writing served on the authorised undertaker within two months before or at any time after such termination object to the retention of such line or fixture across or on such land or building and thereupon it shall not be lawful for the authorised undertaker to retain such line across such land or such fixture on such building without the consent of the Board.

(8) Where under this section the consent of the Board is required to the placing or retention of an electric line across any land or of a fixture on a building the Board may, if, after giving all parties concerned an opportunity of being heard, it thinks it just, give its consent either unconditionally or subject to such terms, conditions, and stipulations as it thinks just, and in deciding whether to give or withhold its consent or to impose any terms, conditions or stipulations (including the placing of any portion of the line underground) the Board shall, among other considerations, have regard to the effect, if any, on the amenities or value of the land or building of the placing of the line or the attaching of the fixture in the position and manner proposed.

(9) Where the Board or an authorised undertaker is authorised by or under this section to place or retain any electric line across any land or to attach or retain any fixture on any building the Board or such authorised undertaker (as the case may be) may at any time enter on such land or building for the purpose of placing, repairing, or altering such line or such fixture or any line or apparatus supported by such fixture.

54. —No authorised undertaker may place any electric line across or along or either over or under any railway, canal, inland navigation, dock, or harbour save subject to the provisions of the regulations made by the Board under this Act.

55. —The Board shall not without previous consultation with the Minister place or authorise any authorised undertaker to place any electric cable across any navigable river or navigable waterway, whether such cable is placed above or below water or under the ground.

56. —(1) Whenever the Board offers to an authorised undertaker or a statutory undertaker a supply of electricity in bulk to be supplied by the Board or by another person at a rate of charge (including provision for any expenses necessarily incurred by such undertaker in taking such supply in bulk) which is equal to or less than the cost of generation by such undertaker, such undertaker shall take such supply in bulk upon such terms and conditions as shall be determined by agreement or in default of agreement by the Board.

(2) An undertaker who takes a supply of electricity in bulk under this section shall not be required to construct outside his area of supply any works for the purpose of such supply as aforesaid, but such an undertaker if so requested by the Board and if he consents to do so may construct outside his area of supply any such works as aforesaid.

(3) If any dispute arises between any undertaker and the Board as to whether the cost of generation of electricity in the generating station of such undertaker is or is not greater than the rate of charge (including provision for any expenses necessarily incurred by such undertaker in taking such supply in bulk) at which a supply of electricity in bulk is offered under this section to such undertaker, such dispute shall be determined by an arbitrator appointed by the Minister and the decision of such arbitrator shall be final.

(4) In this section the expression “cost of generation” means all costs incurred by an undertaker which having regard to the items of cost included in the comparative rate of charge for a supply of electricity in bulk ought properly to be allocated to those parts of his undertaking engaged in the production of electricity including (in the case of an undertaker who brings electricity from the generating station of such undertaker to a central station for distribution therefrom to consumers) the costs (if any) incurred by such undertaker in bringing such electricity to such central station but not in any case including any capital charges which remain to be borne by an undertaker after taking a supply of electricity in bulk under the foregoing provisions of this section.

57. —(1) The Board may purchase electricity in bulk from any authorised undertaker or any other person and may re-sell such electricity either in bulk to any authorised undertaker or by distribution to individual consumers.

(2) Any authorised undertaker or statutory undertaker may sell electricity in bulk to the Board or purchase electricity in bulk from the Board.

58. —The Board may, for the purpose of the transmission of electricity purchased and resold by the Board, utilize all or any of the lines for the transmission of electricity, transformer stations, and other apparatus of the transmission system of the Shannon works for the time being handed over to it by the Minister.

59. —(1) The Board may make scales fixing the methods of charge and the rates of charge for electricity (whether supplied in bulk or otherwise) by the Board and by authorised undertakers and permitted undertakers respectively and may at any time and from time to time as the Board thinks fit revise or revoke the scales so made or any part thereof or any particular item therein.

(2) The Board in making scales fixing the methods of charge and rates of charge for electricity supplied to consumers in a district served by a transformer station which is co-terminous with or includes an area which was previously the area of supply of an authorised undertaker whose undertaking has been acquired by the Board under this Act shall not include any charge in respect of liabilities assumed or payments made by the Board in consequence of the acquisition by the Board under this Act of an undertaking in a district served by any other transformer station.

(3) Before making, revising or revoking any scale fixing the methods of charge and the rates of charge for electricity by any authorised undertaker or any permitted undertaker the Board shall send by post to such authorised undertaker or such permitted undertaker notice in writing signifying its intention so to do, and the Board shall not make, revise or revoke any such scale as aforesaid until the expiration of a period of one month from the date of such notice.

(4) Every authorised undertaker or permitted undertaker upon receipt by him of a notice under this section signifying the intention of the Board to make a scale fixing the methods of charge and the rates of charge for electricity by such authorised undertaker or such permitted undertaker or signifying the intention of the Board to revise or revoke any such scale may (where such notice relates to the making of any such scale as aforesaid) not later than one month from the date of such notice, submit to the Board a scale of methods of charge and rates of charge for electricity by such authorised undertaker or such permitted undertaker and may (where such notice relates to the revision or revocation of any such scale as aforesaid) not later than one month from the date of such notice, submit to the Board such revision or revocation of the scale to which such notice relates or of any part thereof or of any particular item therein as such authorised undertaker or such permitted undertaker thinks fit, and the Board shall consider every scale of methods of charge and rates of charge for electricity and every revision or revocation of any such scale or of any part thereof or of any particular item therein submitted to the Board under this section.

(5) Any scale fixing the methods of charge or the rates of charge for electricity made under this section may relate to the supply of electricity in bulk for resale and distribution or to the supply of electricity direct to consumers or to both such forms of supply, and any such scale may apply to the whole of Saorstát Eireann or to any specified part thereof or to any one or more areas of supply or to any one or more transmission systems or any one or more parts thereof or to any one or more classes of consumers.

(6) Every scale made by the Board fixing the methods of charge and the rates of charge for electricity by a local authority which is an authorised undertaker shall be made and from time to time revised by the Board so that, as far as is reasonably practicable, no contribution from any rate made by such local authority will be required for the purpose of defraying any expenses which such local authority may incur whether under this Act or otherwise in respect of the authorised undertaking of such local authority.

(7) The Board shall not make any scale fixing the methods of charge and the rates of charge for electricity by a local authority which is an authorised undertaker whereby the charge for electricity used by such local authority for lighting purposes shall be fixed at a rate which is higher than the rate fixed for consumers using electricity for lighting purposes and for the like hours of supply.

(8) So long as any such scale as aforesaid is in force it shall not be lawful for any authorised undertaker or any permitted undertaker to whom such scale applies to give any supply of electricity to which such scale applies at any other price than the price fixed by such scale, and every authorised undertaker or permitted undertaker who gives any supply of electricity in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds for every day during which such supply is so given.

(9) Notwithstanding anything contained in this section, any authorised undertaker who has contracted before the thirty-first day of March, 1927, or shall contract with the consent of the Board after the passing of this Act to give a supply of electricity at a price fixed by or under the contract may, so long as such contract continues binding on him, perform his obligations under such contract.

60. —Whenever the Board fixes a scale of methods of charge and rates of charge for electricity any authorised undertaker to whom such scale applies may if the charges to be borne by consumers under such scale are less than the charges borne by such consumers in respect of the same services before such scale is fixed by the Board serve on the Board a notice in writing of his objection to work his undertaking under such scale, and thereupon the Board shall by order do one or other of the following things as such undertaker may require or in the absence of such requisition as the Board thinks proper, that is to say, either acquire the undertaking of such undertaker or take control of such undertaking for a period of not less than two years.

61. —(1) Whenever—

(a) it appears to the Board that it is expedient that any generating station should wholly or in part cease to be used as a generating station, and

(b) a sufficient supply of electricity is available to the person owning such generating station and such person can be compelled under this Act to take such supply,

the Board may by order require such person within such time as the Board shall specify in such order (not being less than three months from the date thereof) to cease to use such generating station as a generating station either wholly or to such lesser extent as is specified in such order and shall under the powers conferred on it by this Act compel such person to take the supply of electricity so available as aforesaid.

(2) Whenever a person is required by an order under this section to cease in part only and not wholly to use a generating station as a generating station the subsequent provisions of this section and the provisions of the First Schedule to this Act shall apply with the modification that references to the cesser to use a generating station as a generating station shall be construed as including such partial cesser as is required by such order.

(3) When an authorised undertaker or a statutory undertaker in pursuance of an order made under this section ceases to use a generating station as a generating station, such authorised undertaker or such statutory undertaker (as the case may be)—

(a) may, with the consent of the Board, and shall, if so required by the Board, maintain such generating station or any part thereof for the purposes of the Board and at the expense of the Board which expense shall be taken into consideration in fixing the rates of charge for electricity for all areas for the benefit of which such generating station is maintained, and

(b) may, with the consent of the Board, do all or any of the following things, that is to say:—

(i) sell any machinery or plant theretofore used in such generating station,

(ii) sell such generating station or any part thereof,

(iii) utilise such generating station, with or without all or any of the plant theretofore used therein, in such manner as such undertaker thinks proper.

(4) Whenever an authorised undertaker or a statutory undertaker sells any generating station or any machinery or plant under this section the proceeds of such sale shall be applied in accordance with the Acts or Orders regulating the undertaking or, if such Acts or Orders do not contain provisions applicable to the case, in such manner as shall be approved, in the case of an authorised undertaker or a statutory undertaker who is a local authority, by the Minister for Local Government and Public Health after consultation with the Board or, in the case of any other authorised undertaker or statutory undertaker, by the Minister after consultation with the Board.

(5) Whenever an authorised undertaker or a statutory undertaker in pursuance of an order made under this section ceases to use a generating station as a generating station, the First Schedule to this Act shall on such cesser apply to every person who at the date of such order was employed in such generating station by such authorised undertaker or such statutory undertaker (as the case may be).

(6) In this section and in the First Schedule to this Act the expression “authorised undertaker” includes a permitted undertaker.

62. —Notwithstanding anything contained in any special Act or any provisional or other order in force at the passing of this Act, it shall not be lawful for any authorised undertaker without the consent of the Minister before the constitution of the Board and after the constitution of the Board without the consent of the Board to establish a new or extend an existing generating station or transmission system or distribution system.

63. —(1) The Board may after consultation with an authorised undertaker make contracts for the execution of works for or on behalf of such authorised undertaker, and the Board may after consultation with an authorised undertaker prepare plans, maps, and specifications in relation to any works to be executed by such authorised undertaker and supervise the execution of such works.

(2) The Board may by agreement with an authorised undertaker make contracts for the sale of electricity by such authorised undertaker and may by agreement with an authorised undertaker, and if so requested by such authorised undertaker, shall supervise the making of contracts for the sale of electricity by and on behalf of such authorised undertaker and the execution of contracts so made.

(3) For the purpose of effecting economy in the execution of any works (including the supply of materials therefor) the subject of a contract made by the Board for and on behalf of any authorised undertaker or in the construction of works (including the supply of materials therefor) being or to be supervised by the Board under this section the Board may form or cause to be formed such a combination of authorised undertakers as the Board may consider necessary or expedient.

(4) An authorised undertaker shall not incur any expenditure in respect of the construction, reconstruction, extension, equipment, or re-equipment of any works used by such authorised undertaker as part of or in connection with his undertaking save in accordance with such plans and specifications as are approved for the purpose by the Board.

(5) Whenever any such expenditure as is mentioned in the foregoing sub-section is incurred by an authorised undertaker after the passing of this Act and the construction, reconstruction, extension, equipment, or re-equipment in respect of which such expenditure is so incurred is executed on plans or specifications which have not been approved by the Board or otherwise than in accordance with plans and specifications so approved and the undertaking of such authorised undertaker is acquired by the Board under this Act, such expenditure or such amount thereof as remains undischarged at the date of such acquisition shall not, without the consent of the Board, be taken over by the Board as a liability of such undertaking.

64. —(1) The Board may require any one or more authorised undertakers to amend or alter the type of current, frequency, or pressure employed by them in their undertakings.

(2) The defrayal of expenses necessarily and properly incurred by an authorised undertaker in complying with a requisition by the Board under this section shall be a purpose for which such authorised undertaker may borrow under this Act.

65. —Any authorised undertaker may by agreement and with the consent of the Board purchase, take on lease, or acquire the right to use the whole or any part of the undertaking of any person (other than the Board) engaged in the generation, supply, or distribution of electricity and such person (whether an individual, a local authority, company, or other body corporate or unincorporate) may with the consent aforesaid sell, lease, or grant the right to use the whole or any part of his undertaking to the authorised undertaker aforesaid.

66. —An authorised undertaker may, with the consent of the Board, erect, maintain, alter, improve, and renew by-product plant with all necessary machinery and apparatus, and do all such acts as may be proper for working up and converting the residual products arising directly or indirectly from the generation of electricity.

67. —(1) Where it appears to the Board that the joint exercise by two or more authorised undertakers of their powers would be expedient, the Board may by special order make such provisions as appear to it to be necessary or expedient, by the constitution of a joint committee or joint board or otherwise, for the joint exercise by such authorised undertakers of all or any of their powers under this Act or any order thereunder in any area comprising the whole or any part or parts of the respective areas of supply of such authorised undertakers.

(2) Any order made under this section may contain such provisions as may appear to the Board to be necessary or proper for adapting any of the provisions of this Act or any order made thereunder to the circumstances of any joint committee or joint board constituted by such order.

68. —(1) Any two or more authorised undertakers may, with the approval of the Board, and if so required by the Board shall, enter into and carry into effect arrangements for the mutual assistance of the one by the other with regard to all or any of the following matters, that is to say:—

(a) the giving and taking of a supply of electricity and the distribution and, supply of the electricity so taken,

(b) the management and working of the generating stations or other parts of the several undertakings of the authorised undertakers who are parties to the arrangement,

(c) the provision of capital required for carrying into effect, and the appropriation and division of receipts arising under, any such arrangement,

(d) any matters or things incidental to or connected with any of the matters aforesaid.

(2) Any arrangement made under this section shall be made on such terms and conditions as may be agreed between the parties thereto with the approval of the Board, or, if the arrangement is made in pursuance of a requirement by the Board, on such terms and conditions as in default of agreement shall be settled by the Board.

(3) Unless the Board determines that such arrangement is necessary in the interest of the general supply of electricity in the district, the Board shall not require an authorised undertaker to enter into an arrangement under this section for taking a supply of electricity from some other specified authorised undertaker if it is proved to the satisfaction of the Board that, having regard to all the circumstances of the case, including the duration of the period during which the supply is to be taken and the estimated financial results likely to be obtained during that period, the authorised undertaker would if he obtained a supply of electricity from some other source be in a position to give a supply of electricity adequate in quantity and regularity to meet the present and prospective demands of his consumers at a cost less than that at which he could give such a supply if he obtained the supply from that specified undertaker.

(4) Where an arrangement has been duly made under this section, any authorised undertaker who is a party thereto may be authorised by the Board by order to exercise such powers (including the power to break up roads, railways, and tramways) as may be necessary for the purpose of carrying the arrangement into effect.

(5) The provision of capital required for giving effect to an arrangement made under this section and the payment of interest on such capital whilst the expenditure remains unremunerative shall be purposes for which a local authority which is an authorised undertaker may borrow under this Act.

(6) The Board may by order—

(a) authorise any authorised undertaker to supply electricity in bulk to any person either within or outside the area of supply of such authorised undertaker and whether such person is or is not himself an authorised undertaker.

(b) provide for any such supply as aforesaid being compulsory, and

(c) make such provisions as appear to the Board to be necessary for adapting this Act to the giving of such supply in bulk.

69. —(1) Where the occupier of any premises is desirous of obtaining a supply of electricity to those premises from an authorised undertaker in whose area of supply those premises are not situate, the Board may (subject to the provisions of this section) permit such authorised undertaker to supply electricity to those premises upon such terms and subject to such conditions as the Board shall think fit to prescribe.

(2) No permission shall be given by the Board under this section without previous consultation with the local authority in whose district the said premises are situate and with the authorised undertaker (if any) in whose area of supply the said premises are situate.

70. —(1) An authorised undertaker may, with the consent of the Board divest himself of any power, right or obligation conferred or imposed on him by this Act or by any special Act or by any order made under this Act or any Act repealed by this Act.

(2) Save as authorised by the foregoing sub-section, an authorised undertaker shall not divest himself, by transfer or otherwise, of any such power, right, or obligation as is mentioned in the said sub-section.