[F1(A1)This section applies to controlled pipelines, other than those which are excepted from the operation of this section.
(A2)Controlled carbon dioxide pipelines are excepted from the operation of this section.]
[F2(A3)Pipelines that are relevant upstream petroleum pipelines for the purposes of section 82(1) of the Energy Act 2011 are excepted from the operation of this section.]
(1)If in the case of a controlled pipeline it appears to the [F3OGA], on the application of a person other than the owner of the pipeline—
(a)that the capacity of the pipeline can and should be increased by modifying apparatus and works associated with the pipeline; or
(b)that the pipeline can and should be modified by installing in it a junction through which another pipeline may be connected to the pipeline,
then, subject to section 17(8) [F4or 17G(7)], the [F3OGA] may, after giving the owner of the pipeline an opportunity of being heard about the matter, serve on the owner and the applicant a notice in accordance with subsection (2).
(2)A notice under subsection (1) shall—
(a)specify the modifications which the [F3OGA] considers should be made in consequence of the application;
(b)specify the sums or the method of determining the sums which the [F3OGA] considers should be paid to the owner by the applicant for the purpose of defraying the cost of the modifications;
(c)require the applicant to make, within the period specified for the purpose in the notice, arrangements which the [F3OGA] considers appropriate to secure that those sums will be paid to the owner if he carries out the modifications or satisfies the [F3OGA] that he will carry them out;
(d)require the owner, if the applicant makes those arrangements within that period, to carry out the modifications within a period specified for the purpose in the notice; and
(e)authorise the owner, if he satisfies the [F3OGA] that he has carried out or will carry out the modifications, to recover those sums from the applicant.
(3)References in subsections (1) and (2) to modifications include, in the case of modifications of any apparatus and works, references to changes in, substitutions for and additions to the apparatus and works.
(4)For the purposes of section 14(1) a notice under subsection (1) of this section requiring a person to carry out modifications authorises him to carry out the modifications; but nothing in Schedule 2 shall apply to such a notice.
Textual Amendments
F1S. 16(A1)(A2) inserted (16.9.2011) by The Storage of Carbon Dioxide (Access to Infrastructure) Regulations 2011 (S.I. 2011/2305), reg. 1, Sch. para. 9
F2S. 16(A3) inserted (21.3.2012) by Energy Act 2011 (c. 16), s. 121(1), Sch. 2 para. 10; S.I. 2012/873, art. 2(b)(i)
F3Word in s. 16 substituted (1.10.2016) by Energy Act 2016 (c. 20), s. 84(3), Sch. 1 para. 16; S.I. 2016/920, reg. 2(a)
F4Words in s. 16(1) inserted (10.8.2000) by S.I. 2000/1937, reg. 2(4), Sch. 4 para. 2