Variation of access notices and modification notices
13.—(1) Subject to paragraph (2), an access notice or a modification notice may be varied or set aside by the agreement of all the persons on whom it was served.
(2) An agreement to vary or set aside an access notice or a modification notice does not have effect unless all the persons on whom the notice was served have given joint notice to the Department of the agreement.
(3) Subject to paragraph (4), the Department may vary an access notice on the application of one of the persons on whom the notice was served.
(4) The Department may only vary an access notice under paragraph (3) if it is satisfied that the variation is necessary to resolve a dispute that has arisen in connection with the notice between the persons on whom it was served.
(5) In considering whether to vary an access notice the Department shall give an opportunity to be heard to—
(a)the person on whom the notice was served;
(b)any person with a right to have any thing conveyed by the relevant pipe-line concerned or stored in the relevant storage site concerned;
(c)the Health and Safety Executive for Northern Ireland; and
(d)such other persons as the Department considers appropriate.
(6) For the purposes of this regulation, an access notice or a modification notice is to be treated as having been served on a person (“P”) if there has been assigned to P a right which is secured by the notice.