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STATUTE LAW REVISION: SIXTEENTH ... - Law Commission

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distribution network of electricity, gas or water mains) which have<br />

been superseded by other codes regulating the supply of<br />

electricity, 17 gas, 18 or water, 19 or are no longer required;<br />

(d) obsolete provisions defining the areas of supply of the former local<br />

authority undertakers;<br />

(e) provisions authorising the use of specific land for generating<br />

electricity or manufacturing gas, the construction and maintenance<br />

of works (including mains outside streets) which are obsolete in<br />

consequence of the abandonment of works or have lapsed.<br />

5.3 In Hereford and Worcester there were at one time two company operated<br />

tramway systems: the Kidderminster and Stourport tramways undertaking and<br />

the Worcester tramways undertaking. The Kidderminster and Stourport<br />

undertaking was closed in 1929 20 and the company was recorded as being in<br />

liquidation in 1931. 21 The Worcester undertaking was purchased by Worcester<br />

Corporation in 1928. In the same year the corporation was empowered to<br />

abandon the undertaking by the Worcester Corporation (Tramways and Light<br />

Railways Abandonment) Order 1928. 22 Shortly afterwards the tramways were<br />

closed and were replaced by buses of the Birmingham and Midland Omnibus<br />

Company (later Midland Red) 23 and the Worcester Electric Traction Company<br />

was wound up in 1934. 24 The legislation relating to both abandoned tramway<br />

undertakings is spent and is proposed for repeal except for a number of<br />

protective provisions in the Worcester undertaking’s legislation which have a<br />

continuing operation.<br />

5.4 Section 18 of the Worcestershire County Council Act 1969 25 enacted new<br />

provisions for the payment of charges by riparian landowners for the use of the<br />

17 Schedule 6 to the Electricity Act 1989. These provisions have replaced the previous code in<br />

the Schedule to the Electric Lighting (Clauses) Act 1899, as adapted and applied by the<br />

Electricity Act 1947, s 57 and Pt III of Sch 4.<br />

18 Schedule 2B to the Gas Act 1986 which has superseded the original Schedule 5 to that Act<br />

in accordance with the Gas Act 1995, ss 9(1)-(3), 17(5) and Schs 2 and 6, and the Gas Act<br />

1995 (Appointed Day and Commencement) Order 1996 (SI 1996 No 218).<br />

19 Water Industry Act 1991, ss 37-93, 142-150, 155-222 and Schs 6, 9, 11, 12, 13 and 14,<br />

consolidating the equivalent provisions in the Water Act 1989. The 1989 provisions in general<br />

replaced the former code contained in Schedule 3 to the Water Act 1945.<br />

20 K Turner, The Directory of British Tramways (1st ed 1996), pp 75-76.<br />

21 The Register of Defunct and Other Companies (The Stock Exchange, 1960), p 254.<br />

22 S.R. & O. 1928 No 828.<br />

23<br />

Turner, op. cit., p164; W H Bett and J G Gillam, Great British Tramway Networks (2nd ed<br />

1944), pp 48-49.<br />

24 Public Record Office, BT 31/31868/74698 (Worcester Electric Traction Co Ltd). The<br />

undertaking had been owned by three previous companies: the Tramways Trust Co Ltd<br />

which went into liquidation in 1889, the City of Worcester Tramways Co Ltd which went<br />

into liquidation in 1893 and Worcester Tramways Ltd which was wound up in 1906 (Public<br />

Record Office, BT 31/5659/39499; Turner, op. cit., p 163).<br />

25 1969 (c.lvi).<br />

69

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