Pipe-Lines Act 1962

Information E+W+S

35 Deposit of maps of pipe-lines with local authorities. E+W+S

(1) A person to whom a pipe-line construction or diversion authorisation is granted shall, forthwith after the grant, deposit with each local authority within whose area lies any part of the route to be taken by the proposed pipe-line or, as the case may be, portion of pipe-line to be diverted, a copy (on the same scale) of so much of the map annexed to the authorisation as shows the part of that route that lies within that area.

(2) A person who sends to the Minister a notice for the purposes of subsection (1) of section two of this Act or paragraph (b) of subsection (1) of section three thereof shall, at the same time, deposit with each local authority within whose area lies any part of the route to be taken by the proposed pipe-line or, as the case may be, the portion of line to be diverted, a copy (on the same scale) of so much of the map that accompanies the notice as shows the part of that route that lies within that area.

(3) A person who executes works for the construction of a pipe-line or the diversion of a length of a pipe-line, being emergency works, shall, as soon as is reasonably practicable after the works have been executed, deposit with each local authority within whose area lies any part of the route taken by the line constructed or, as the case may be, portion of line diverted a copy (on the same scale) of so much of the map which, by virtue of paragraph (b) of subsection (1) of section eight of this Act, he is under obligation to send to the Minister as shows the part of that route that lies within that area.

(4) A person who fails to satisfy an obligation to which he is subject by virtue of any of the foregoing subsections shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding [F1 level 3 on the standard scale].

(5) Documents deposited in pursuance of this section with a local authority shall be kept at the authority’s offices and shall be open to inspection by any person at all reasonable hours free of charge.

(6) For the purpose of the application of this section to England and Wales, the expression “local authority” means the council of a county, . . . F2 district or . . . F3 borough and includes the Common Council of the City of London, and for the purpose of the application of this section to Scotland that expression means a county or town council.

Textual Amendments

F1 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

F2 Words repealed by S.I. 1974/595, Sch. 1 Pt. I

F3 Word repealed by S.I. 1975/1636, art. 4(4)

36 Notification of abandonment, cesser of use and resumption of use of pipe-lines or lengths thereof. E+W+S

(1) Subject to the following subsection, in any of the following events, namely,—

(a) the beginning of the use of a pipe-line or a length thereof;

(b) the abandonment of a pipe-line or a length thereof;

(c) the expiration of three years from the date on which a pipe-line or a length thereof was last used;

(d) the resumption of the use of a pipe-line or a length thereof after the abandonment of the line or length (as the case may be) or after the expiration of three years from the date on which it was last used;

the owner of the line shall, within two weeks after the happening of the event, give to the Minister notice thereof specifying the date on which it happened and the line or length in question and, if he fails so to do, shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding [F4 level 3 on the standard scale].

(2) Where a pipe-line or a length thereof is abandoned after the date on which the line or length (as the case may be) was last used but before the expiration of three years from that date, it shall not be necessary to give, under the foregoing subsection, notice of the expiration of that period.

Textual Amendments

F4 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

37 Fire-brigades, police, &c., to be notified of certain pipe-line accidents and to be furnished with information. E+W+S

(1) It shall, in the case of every pipe-line be the duty of the owner thereof to make, and to ensure the efficient carrying out of, arrangements whereby, in the event of the accidental escape or the ignition of any thing in the line, immediate notice of the event is given—

(a) to every fire and police authority by whom duties will or may fall to be discharged in consequence of the happening of the event;

(b) [F5 to all river boards, river purification authorities, statutory water][F5 to all statutory water]undertakers and local water authorities who will or may have, in consequence of the happening of the event, to take steps to prevent or combat pollution of water or flooding;

(c) to all [F6 sewerage authorities][F6 sewerage undertakers]who will or may have, in consequence of the happening of the event, to take steps to prevent injury to their sewers or sewage disposal works, interference with the free flow of the contents of any of their sewers or the prejudicial affection of the treatment and disposal of such contents or to combat the effects of any such injury, interference or affection; and

(d) to any other authority, board or undertakers whom the Minister, by notice served on the owner of the line, requires him to treat, for the purposes of this section, as relevant in relation to the line, being an authority or board, or undertakers, in the case of whom it is stated in the notice that the Minister is satisfied that they will or may have, in consequence of the happening of the event, to take in the public interest steps for such purpose as may be specified in the notice.

(2) It shall be the duty of the owner of a pipe-line if requested so to do by any authority, board or undertakers for whose notification, in the event specified in the last foregoing subsection, arrangements are thereby required to be made, to furnish the authority, board or undertakers with such maps, and to give them such information, as they may reasonably require in order—

(a) in the case of a fire or police authority, to enable them efficiently to discharge the duties falling to be discharged by them in consequence of the happening of the event;

(b) [F7 in the case of any river board, river purification authority, statutory water][F7 in the case of any statutory water] undertakers or local water authority, to enable them efficiently to take, in consequence of the happening of the event, steps to prevent or combat pollution of water or flooding;

(c) in the case of a [F8 sewerage authority][F8 sewerage undertaker], to enable them efficiently to take, in consequence of the happening of the event, steps for either of the purposes mentioned in paragraph (c) of that subsection;

(d) in the case of any authority, board or undertakers whom the owner is, by a notice served under paragraph (d) of that subsection, required to treat, for the purposes of this section, as relevant in relation to the line, to enable them efficiently to take, in consequence of the happening of the event, steps for the purpose specified in the notice.

(3) A person who fails to satsify an obligation to which he is subject by virtue of either of the foregoing subsections shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding [F9 level 3 on the standard scale].

(4) In this section—

(a) “fire authority” means, in relation to any area, the authority discharging therein the functions of fire authority under the M1 Fire Services Act 1947;

(b) [F10 “river purification authority” means] a river purification authority within the meaning of the M2 Rivers (Prevention of Pollution) (Scotland) Act 1951;

(c) [F11 “sewerage authority” means an authority which is a sewerage authority for the purposes of Part II of the M3 Public Health Act 1936, the Common Council of the City of London, the council of a county in Scotland, the town council of a burgh, a development corporation established under the M4 New Towns Act 1946, and the Commission for the New Towns;]

and any reference in this section to a sewer shall be construed as including a reference to any manholes, ventilating shafts, pumps or other accessories belonging to that sewer, and any reference in this section to sewage disposal works shall be construed as including a reference to the machinery and equipment of those works and any necessary pumping stations and outfall pipes.

Textual Amendments

F5 Words “to all statutory water” substituted (E.W.) for the words from the beginning to “statutory water” by Water Act 1989 (c. 15, SIF 130), s. 190(1), Sch. 25 para. 30(1)(a)(i) (with ss. 58(7), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)

F6 Words “sewerage undertakers” substituted (E.W.) for “sewerage authorities” by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 141(6), 160(1)(2)(4), 163, 189(4)–(10). 190. 193(1), Sch. 25 para. 30(1)(a)(ii), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)

F7 Words “in the case of any statutory water” substituted (E.W.) for words from the beginning to “statutory water” by Water Act 1989 (c. 15, SIF 130), s. 190(1), Sch. 25 para. 30(1)(b)(i) (with ss. 58(7), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)

F8 Words “sewerage undertaker” substituted (E.W.) for “sewerage authority” by Water Act 1989 (c. 15, SIF 130), s. 190(1), Sch. 25 para. 30(1)(b)(ii) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)

F9 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

F10 Words substituted by Water Resources Act 1963 (c. 38), Sch. 13 para. 18

F11 S. 37(4)(c) repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 190(3)(4), Sch. 27 Pt. I (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58)

Modifications etc. (not altering text)

C1 Ss. 27-32 and 37: power to repeal or modify conferred by Offshore Safety Act 1992 (c. 15), s. 2(2)(3)(a) (amending the Health and Safety at Work etc. Act 1974 c. 37, s. 15(1))

C2 S. 37(1) amended (23.8.1993) by S.I. 1993/1823, reg. 4(1)

C3 Reference to New Towns Act 1946 (c. 68) in s. 37(4)(c) to be construed as including reference to New Towns Act 1965 (c. 59): ibid., Sch. 11 para. 5(1)

Marginal Citations

M1 1947 c. 41.

M2 1951 c. 64.

M3 1936 c. 49.

M4 1946 c.68.

38 Notification of change of ownership of pipe-line. E+W+S

(1) Where a change occurs in the ownership of a pipe-line, the owner of the line shall, within three weeks from the date on which the change occurs, give to the Minister and to every person who is an owner, lessee or occupier of land in which any part of the line is situate (except a tenant for a month or any period less than a month) a notice stating the particulars of the change.

(2) A person who fails to satisfy an obligation to which he is subject by virtue of the foregoing subsection shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding [F12 level 3 on the standard scale].

Textual Amendments

F12 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

Modifications etc. (not altering text)

C4 S. 38: transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)

S. 38: certain functions exercisable (30.6.1999) by S.I. 1999/1756, arts. 1, 2, Sch. para. 1 (with art. 8)