1. Introduction

The provision of electricity is widely recognised as essential to the functioning of modern society. Licence Holders therefore have a statutory duty to develop and maintain an efficient, co‑ordinated and economical system of electricity distribution and transmission.

It is always preferable that land required for electricity infrastructure is acquired by voluntary agreement, based on the informed consent of landowners and other Estate Holders, and supported by the payment of reasonable compensation.

However, where agreement cannot be reached, compulsory acquisition (vesting) may be available in accordance with Schedule 6, paragraph 1 of the Local Government Act (Northern Ireland) 1972.

A Licence Holder proposing to acquire land otherwise than by agreement may submit to the Department for the Economy (the Department) an application, in the prescribed form, for a Vesting Order in respect of the land specified in that application.

Under Schedule 3 of the Electricity (Northern Ireland) Order 1992, where a Licence Holder proposes to acquire, otherwise than by agreement, any land required for a purpose connected with the activities authorised by its licence, it may apply to the Department for a Vesting Order, and the Department has the power to make such an Order.

Applicants must therefore be able to demonstrate clearly that the land is required for their licensed purpose. So, In preparing a Vesting Application, applicants are expected to demonstrate that:

• the land is being compulsorily acquired for a genuine public purpose;
• the same outcome cannot reasonably be achieved through less intrusive means;
• reasonable alternatives were adequately considered before the proposed land was selected; and

• due regard has been given to the human rights of Estate Holders, including rights protected under the European Convention on Human Rights.

  Applicants must also follow the Vesting Application process as set out by the Department.

Failure to adequately consider these matters when preparing a Vesting Application may result in a merited objection to the Department for the Economy.

Such an objection may in turn lead to:

• the appointment of a Vesting Inquiry;
• modification of the proposed Vesting Order; or
• refusal or overturning of the application.

The statutory conditions and procedures for applying for a Vesting Order are set out in Schedule 6 of the Local Government Act (Northern Ireland) 1972.

This Guidance should be read alongside:

• the timeframes and requirements in that Schedule; and
• the Local Government (Compulsory Acquisition of Land) Regulations (Northern Ireland) 1975 (as amended), which prescribe the required forms, notices and procedural steps.