Commentary on provisions of the Act Deregulation Section 31: Overhead lines
Section 31 relates to the installation and diversion of overhead lines. As a number of overhead lines will require to be diverted for Phase One of High Speed 2, subsection (1) removes the need for the Secretary of State’s consent under the Electricity Act 1989 where the overhead line work concerned is within the Act limits, is a work authorised by the Act and has deemed planning permission under the Act. By virtue of subsection (3), subsection (1) is treated as applying where the work concerned is done by the electricity undertaker if it would be work authorised by the Act and would have deemed planning permission when carried out by the nominated undertaker.
	Where overhead line work is needed for Phase One purposes to which subsection (1) does not apply, and a consent under section 37 of the Electricity Act 1989 is therefore required, subsection (2) provides that there is no automatic duty upon the Secretary of State to hold a public inquiry in every case where the planning authority has objected: instead the decision whether to hold a public inquiry is to be a matter for the Secretary of State after considering whether the number and substance of any objections require one.
	By virtue of subsection (4), development consent under the Planning Act 2008 is not required for electric line work done in consequence of any work authorised by the Act, even if done by the electricity undertaker.