Application of Part II of 1978 Order for other purposesN.I.
4.—(1) The general purposes of Part II of the 1978 Order shall include—
(a)securing the proper construction and safe operation of pipe-lines and preventing damage to them;
(b)securing that, in the event of the accidental escape or ignition of anything in a pipe-line, immediate notice of the event is given to persons who will or may have to discharge duties or take steps in consequence of the happening of the event; and
(c)protecting the public from personal injury, fire, explosions and other dangers arising from the transmission, distribution, supply or use of gas;
and that Part shall have effect as if the provisions mentioned in paragraph (3) were existing statutory provisions within the meaning of that Part and, in the case of the provisions mentioned in sub-paragraph (a) of that paragraph, were specified in the third column of Schedule 1 to that Order.
(2) Without prejudice to the generality of paragraph (1) of Article 17 of the 1978 Order (health and safety regulations), regulations under that Article may—
(a)repeal or modify any of the provisions mentioned in paragraph (3); and
(b)make any provision which, but for any such repeal or modification, could be made by regulations made under any provision mentioned in sub-paragraph (a) of that paragraph.
(3) The provisions referred to in paragraphs (1) and (2) are—
[F1(a)in the Gas (Northern Ireland) Order 1996, Articles 50 to 54, 56 to 58,60,64 and 65, Part IV (so far as relating to any of those Articles) and Schedules 4 and 5;]
(b)the provisions of any regulations made or having effect under any enactment mentioned in sub-paragraph (a).
(4) In this Article—
“gas”[F1 has the same meaning as in Part III of the Gas (Northern Ireland) Order 1996];
“pipe-line” means a pipe (together with any apparatus and works associated with it), or system of pipes (together with any apparatus and works associated with it), for the conveyance of any thing other than air, water, water vapour or steam, not being—
(a)a drain or sewer; or
(b)a pipe or system of pipes constituting or comprised in apparatus for heating or cooling or for domestic purposes; or
(c)a pipe or system of pipes on the site of any operations or works to which certain provisions of the Factories Act (Northern Ireland) 1965 M1 apply by virtue of section 125(1) (building operations and works of engineering construction) of that Act; or
(d)a pipe or system of pipes wholly situate within the boundaries of an agricultural unit and designed for use for purposes of agriculture; or
(e)a pipe or system of pipes wholly situate in premises used for the purposes of education or research; or
(f)a pneumatic dispatch-tube.
(5) For the purposes of the definition of “pipe-line” in paragraph (4), the following apparatus and works, and no other, shall be treated as being associated with a pipe, or system of pipes, namely,—
(a)apparatus for inducing or facilitating the flow of any thing through, or through a part of, the pipe or system;
(b)valves, valve chambers, manholes, inspection pits and similar works, being works annexed to, or incorporated in the course of, the pipe or system;
(c)apparatus for supplying energy for the operation of any such apparatus or works as are mentioned in sub-paragraph (a) or (b);
(d)apparatus for the transmission of information for the operation of the pipe or system;
(e)apparatus for the cathodic protection of the pipe or system;
(f)a structure for the exclusive support of a part of the pipe or system.
(6) In paragraph (4)(d)—
“agriculture” includes dairy farming, the production of any consumable produce which is grown for sale or for consumption or other use for the purposes of a trade or business or of any other undertaking (whether carried on for profit or not), and the use of land as grazing, meadow or pasture land or orchard or osier land or woodland or for market gardens or nursery grounds;
“agricultural unit” means land which is occupied as a unit for agricultural purposes.