Page:Electricity Act 2001.pdf/43

44 precautions as the licensee may require for the protection of such installation or plant.

(7) If any such owner or occupier fails to give notice under subsection (6) or having given notice fails to take any such reasonable precautions as the electricity licensee may have required, he shall be liable to pay the licensee any cost and expense incurred by the licensee for any damage caused to any such installation or plant, subject to the Authority’s approval in the case of any dispute.

(8) If any tree or vegetation is felled, lopped or cleared upon land adjacent to an electricity licensee’s installation or plant, it shall be presumed until the contrary is proved that the tree or vegetation was felled, lopped or cleared by the owner or occupier of the land or by his employees or agents acting as such.

Entry upon premises by electricity licensee for purposes of exploration

33.—(1) Subject to this section and without prejudice to any other right of entry, a person authorised in writing by a transmission licensee or a market support services licensee may, at any reasonable time, enter upon and survey any premises for the purpose of ascertaining whether the premises would be suitable for use for any purpose connected with the carrying on of the activities which the licensee is authorised by its electricity licence to carry on.

(2) A person authorised to enter upon any premises under this section shall not demand to do so as of right unless—
 * (a) 7 days’ notice of the intended entry has been given to the occupier; and
 * (b) if required to do so, he has produced evidence of his authority.

(3) The power to survey premises conferred by this section includes the power to search and bore for the purposes of ascertaining the nature of the subsoil, but works may not be carried out on the premises for this purpose unless—
 * (a) notice of the proposed works is included in the notice given under subsection (2); and
 * (b) where premises are held by any statutory authority which objects to the works on the ground that the carrying out of