Section 40: Enclosures

40. Enclosures (1) Subject to any licence or any regulations made under this Act, a licensee may erect on any public road such enclosures as may be necessary for purposes in connection with the supply of electrical energy. (2) No such enclosures shall be erected above ground except with the consent of the Authority and the appropriate authority responsible for the road. (3) An enclosure referred to in subsection (1) shall— (a) be for the exclusive use of the licensee; (b) except as the Authority otherwise orders, be under its sole control; and (c) be used by the licensee only for the purpose of transmission and distribution of electricity. (4) Every such enclosure shall be constructed and maintained by the licensee in such manner as not to constitute a source of danger to the public. E4 – 19 [Issue 1] Electricity Act 2005 (5) The Authority may after consultation with the relevant local authority, determine the hours during which a licensee shall have access to the enclosure. (6) Where a licensee removes or displaces or keeps removed or displaced the upper surface or covering of any enclosure during any hours not so determined and without the consent of the Authority, the licensee shall commit an offence and shall, on conviction, be liable to a fine not exceeding 50,000 rupees together with a fine not exceeding 1,000 rupees for each day during which the default continues. (7) The licensee shall not commit an offence under subsection (6) where he satisfies the Court that there was an emergency and that it had done all that was reasonably possible under the circumstances to avoid the commission of an offence.