Pipe-Lines Act 1962

Control of Construction of Pipe-lines E+W+S

1 Cross-country pipe-lines not to be constructed without the Minister’s authority. E+W+S

(1) It shall not be lawful for works to be executed in land for the construction of a cross-country pipe-line except under an authorisation in that behalf (in this Act referred to as a “pipe-line construction authorisation”) granted by the Minister, or otherwise than along the route delineated on the map annexed to the authorisation or within such limits of lateral deviation from that route as may be specified in the authorisation, or (except with the consent of the Minister) by a person other than the one named in the application for the authorisation as he who will be the owner of the line; and if works are executed in contravention of this subsection, the person executing them shall be liable, on summary conviction, to a fine not exceeding [F1 level 3 on the standard scale].

(2) The Minister, on an application for a pipe-line construction authorisation, shall have power in his discretion to grant the application or to refuse it.

(3) The provisions of Part I of the First Schedule to this Act shall have effect with respect to the making of applications for pipe-line construction authorisations, for the purpose of securing that opportunities are afforded for the making of objections to such applications and to any modifications subject to which they may be granted and with respect to other related matters therein mentioned.

(4) If, after a pipe-line construction authorisation has been granted, the execution of the works whose execution is authorised thereby has not been substantially begun at the expiration of twelve months from the date on which it was granted, or at the expiration of any extension of that period which the Minister may allow, the authorisation shall become of no effect, except as regards works previously executed.

(5) The Minister shall not allow any extension under the last foregoing subsection of the time within which the execution in any land of the works whose execution is authorised by a pipe-line construction authorisation must be begun unless he is satisfied that notice of the making of the application for the extension has been given to every owner, lessee and occupier (other than tenants for a month or any period less than a month) of the land and that sufficient time has elapsed to allow every person to whom the notice was given an opportunity of making to the Minister written objection to the application.

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

2 Local pipe-lines not to be constructed without notice to the Minister. E+W+S

(1) It shall not be lawful for works to be executed in land for the construction of a local pipe-line unless, not less than sixteen weeks (or such shorter period as the Minister may in a particular case allow) before the date on which the execution of the works is begun, there has been given to the Minister a notice of intention to execute them, being a notice complying with the requirements of the next following subsection, nor shall it be lawful for works to be so executed for the construction of such a line otherwise than along the route delineated on the map which, by virtue of that subsection, must accompany the notice or within such limits of lateral deviation from that route as may be prescribed for the purposes of this subsection; and if works are executed in contravention of this subsection, the person executing them shall be liable, on summary conviction, to a fine not exceeding [F2 level 3 on the standard scale].

(2) A notice for the purposes of the foregoing subsection must—

(a) state the name and address of the person who will be the owner of the proposed pipe-line;

(b) specify the points between which the proposed pipe-line is to run and be accompanied by three copies of a map (whereof the scale shall be not less than that of six inches to the mile) on which is delineated the route between those points which the proposed pipe-line is to take;

(c) state whether or not the grant of any rights or the giving of any street or river works consents is requisite to enable the proposed pipe-line to be constructed and to be, during the period during which it may reasonably be expected to remain, inspected, maintained, adjusted, repaired and renewed and, if it be the case that the grant of any rights or the giving of any such consents is requisite for that purpose, specify the rights and consents the grant or giving of which is so requisite and state, with respect to each of them, whether the grant or giving thereof has been, or can be, obtained;

(d) state what is proposed to be conveyed in the proposed pipe-line;

(e) contain such other (if any) particulars as may be prescribed.

(3) If, after a notice for the purposes of subsection (1) of this section has been given to the Minister, the execution of the works to which the notice relates has not been substantially begun at the expiration of twelve months from the date on which it was given to him, or at the expiration of any extension of that period which he may allow, the notice shall be treated as invalid for those purposes except as regards works previously executed.

(4) The Minister shall not allow any extension under the last foregoing subsection of the time within which the execution in any land of the works to which a notice given for the purposes of subsection (1) of this section relates must be begun unless he is satisfied that notice of the making of the application for the extension has been given to every owner, lessee or occupier (other than tenants for a month or any period less than a month) of the land and that sufficient time has elapsed to allow every person to whom the notice was given an opportunity of making to the Minister written objection to the application.

(5) The Minister may by order direct that subsection (1) of this section shall, in relation to pipe-lines of a class specified in the order, have effect with the substitution, for the reference to sixteen weeks, of a reference to such shorter period as may be specified in the order.

An order under this subsection may be varied or revoked by a subsequent order and any such order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F2 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

3 Diversion of pipe-lines. E+W+S

(1) A length of a pipe-line placed in any land under a pipe-line construction authorisation or in accordance with a notice given to the Minister for the purposes of subsection (1) of section two of this Act or, after the grant of such an authorisation in relation thereto or the giving for the purposes of the said subsection (1) of a notice in relation thereto, proposed to be placed in any land under the authorisation or in accordance with the notice, may be diverted laterally from the route delineated on the map annexed to the authorisation or, as the case may be, accompanying the notice, to an extent greater than that permissible apart from this subsection if—

(a) in a case where the length of the line as a whole after the diversion exceeds or is intended to exceed ten miles (whether or not its length before the diversion exceeded ten miles) or a case where its length after diversion neither exceeds nor is intended to exceed ten miles but before diversion exceeded or was intended to exceed ten miles, the diversion is effected pursuant to an authorisation in that behalf (in this Act referred to as a “pipe-line diversion authorisation”) granted by the Minister and so much of the line as is diverted is placed along the route delineated on the map annexed to the authorisation or within such limits of lateral deviation therefrom as may be specified in the authorisation;

(b) in a case where the length of the line as a whole before diversion neither exceeded nor was intended to exceed ten miles and its length thereafter neither exceeds nor is intended to exceed ten miles, notice of intention to divert it is given to the Minister and so much of the line as is diverted is placed along the route delineated on the map which, by virtue of the following provisions of this section, must accompany the notice or within such limits of lateral deviation from that route as may be prescribed for the purposes of subsection (1) of the said section two.

(2) The foregoing subsection shall have effect for the purpose of authorising the further lateral diversion of a length of a pipe-line previously diverted pursuant thereto as it has effect for the purpose of authorising the original diversion of that length.

(3) Where a length of a pipe-line is diverted in pursuance of subsection (1) of this section, no offence in respect of the construction of the line shall be taken to be committed under section one or two of this Act.

(4) Subsections (2) to (5) of section one of this Act shall, with the substitution, for references to a pipe-line construction authorisation and the execution of the works whose execution is authorised thereby, of references respectively to a pipe-line diversion authorisation and the execution of the works necessary to effect the diversion to be effected pursuant to such an authorisation, have effect for the purposes of paragraph (a) of subsection (1) of this section, and Part I of the First Schedule to this Act shall, as applied by this subsection, have effect subject to the modifications specified in Part II thereof.

(5) Subsections (2) to (4) of section two of this Act shall apply to a notice for the purposes of paragraph (b) of subsection (1) of this section as they apply to a notice for the purposes of subsection (1) of that section with the following modifications:—

(a) the name and address required by paragraph (a) of subsection (2) shall, instead of being that therein specified, be that of the person who (according to the circumstances of the case) is or will be the owner of the pipe-line in question;

(b) paragraphs (b) and (c) of subsection (2) shall have effect with the substitution, for references to the proposed pipe-line, of references to the portion of pipe-line to be diverted and paragraph (d) of that subsection shall be omitted;

(c) subsections (3) and (4) shall have effect with the substitution, for references to the execution of the works to which the notice relates, of references to the execution of the works necessary to effect the diversion to which the notice relates.

4 Power of the Minister to secure the removal of works executed in contravention of section 1 or 2. E+W+S

(1) If works are executed in land in contravention of subsection (1) of section one of this Act or subsection (1) of section two thereof, the Minister may serve on the person who executed them a notice requiring him to remove them.

(2) If a person on whom a notice is served under the foregoing subsection fails, before the expiration of six weeks from the date on which the notice was served, or such longer period (not exceeding twelve months from that date) as the Minister may on his application allow, to comply with the requirement imposed by the notice, the Minister may enter and remove the works in question and may recover from the person in default, in any court of competent jurisdiction, the expenses reasonably incurred by the Minister in so doing.

(3) A person shall not begin to remove any works in any land in compliance with a notice under subsection (1) of this section, and the Minister shall not enter, or begin to remove any works in, any land in exercise of the power conferred on him by the last foregoing subsection, except after seeking consultation with every owner, lessee and occupier of the land (except tenants for a month or any period less than a month).

(4) Where, in consequence of compliance with a requirement to remove any works imposed by a notice under subsection (1) of this section or of the exercise of the power to enter and remove any works conferred by subsection (2) thereof, a person, other than the person who executed the works, suffers loss by reason of damage to, or disturbance in the enjoyment of, any land or chattels, he shall be entitled, where the loss was suffered in consequence of such compliance, to compensation in respect of that loss from the person who executed the works, or, where the loss was suffered in consequence of the exercise of that power, to compensation in respect of that loss from the Minister; and the Minister may recover from the person who executed the works, in any court of compentent jurisdiction, the amount of any compensation paid by the Minister under this subsection.

(5) The service of a notice under subsection (1) of this section in consequence of a contravention of either of the subsections therein mentioned shall be without prejudice to the taking of proceedings under the subsection in question in respect of the contravention.

5 Provisions with respect to planning permission concerning pipe-lines. E+W+S

(1) Upon granting a pipe-line construction or diversion authorisation or serving a notice under the last foregoing section the Minister may direct that, in so far as the execution of the works whose execution is authorised by, or by virtue of, the authorisation, or any change in the use of land which is involved in the execution of those works, constitutes development within the meaning of [F3 the M1 Town and Country Planning Act 1971], or, as the case may be, in so far as the removal of the works required by the notice to be removed, or any change in the use of land which is involved in the removal, constitutes such development, permission for that development shall be deemed to be granted under Part III of that Act, subject to such (if any) conditions as may be specified in the directions, being conditions of a kind that could have been imposed by [F4 the Secretary of State] had the permission been granted by him on an application referred to him under section fifteen of that Act.

(2) For the purposes of the said [F3 Act of 1971], the execution of works for the purpose of inspecting, maintaining, adjusting, repairing, altering or renewing a pipe-line (including the breaking open of any street or other land for that purpose) shall be deemed not to involve the development of land.

(3) In the application of this section to Scotland, for references to the said [F3 Act of 1971], to Part III of that Act and to [F3 section 35] thereof there shall be substituted respectively references to [F5 the M2 Town and Country Planning (Scotland) Act 1972, to Part III of that Act and to section 32 thereof] , and for the references to the Minister of Housing and Local Government there shall be substituted references to the Secretary of State.

Textual Amendments

F3 Words substituted by virtue of Town and Country Planning Act 1971 (c. 78), Sch. 24. para. 2

F4 Words substituted by virtue of S.I. 1970/1681, arts. 2(1), 6(3)

F5 Words substituted by virtue of Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 22 para. 2

Marginal Citations

M1 1971 c. 78.

M2 1972 c. 52.

6 Power of the Minister to direct that section 1, instead of section 2, shall apply to local pipe-lines. E+W+S

(1) The Minister shall have power (exercisable by statutory instrument) by order to direct—

(a) that section one of this Act shall, to the exclusion of section two thereof, apply to works for the construction of local pipe-lines of a class specified in the order (other than pipe-lines for whose construction works have lawfully been begun, or might lawfully have been begun, before the date on which the order comes into operation) as it applies to works for the construction of cross-country pipe-lines; or

(b) that section one of this Act shall, to the exclusion of section two thereof, apply to works for the construction of local pipe-lines any part of the route taken by which lies within an area specified in the order or within an area of such class as is so specified (other than pipe-lines for whose construction works have lawfully been begun, or might lawfully have been begun, before the date on which the order comes into operation) as it applies to works for the construction of cross-country pipe-lines.

(2) No order shall be made under this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament.

7 Provisions supplementary to sections 1 to 6. E+W+S

(1) The construction of a pipe-line of a length not exceeding ten miles which is to form an addition to another shall, if the aggregate of the lengths of both exceeds ten miles, be deemed for the purposes of the foregoing provisions of this Act to constitute the construction of a cross-country pipe-line and not to constitute the construction of a local pipe-line and so shall the construction of a pipe-line of a length not exceeding ten miles so as to connect two or more others, if the aggregate of the lengths of the line and of those connected thereby exceeds ten miles.

(2) The Minister, on an application in that behalf being made to him, and after causing if he thinks fit a public inquiry to be held, may by order (made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament) direct that the foregoing subsection shall not apply to the construction of pipe-lines situate wholly within an area specified in or described by the order, being pipe-lines of a class so specified.

Modifications etc. (not altering text)

C1 S. 7(1) excluded (19.10.1993) by S.I. 1993/2347, art. 3.

S. 7(1) excluded (1.9.1994) by S.I. 1994/1994, art. 3.

8 Exception for emergency works. E+W+S

(1) In the case of any works for the construction of a pipe-line or the diversion of a length of a pipe-line, being emergency works,—

(a) the execution thereof may be effected without any authorisation of, or notice to, the Minister; but

(b) as soon as is reasonably practicable after the works have been executed the person who executed them shall send to the Minister three copies of a map (whereof the scale shall not be less than that of six inches to the mile) on which is delineated the route taken by the line constructed or, as the case may be, the route taken by the portion of the line diverted; and

(c) where the works were for the construction of a line, section three of this Act shall, with the substitution, for the reference in subsection (1) to the map there described, of a reference to the map referred to in the last foregoing paragraph, have effect for the purpose of authorising the diversion of a length of the line as if it had been placed as mentioned in that subsection and, where the works were for the diversion of a length of line, the length shall for the purposes of that section be deemed to have been diverted in pursuance of subsection (1) thereof.

(2) If a person fails to send copies of a map in accordance with an obligation to which he is subject by virtue of paragraph (b) of the foregoing subsection, he shall, in respect of that failure, be liable on summary conviction to a fine not exceeding [F6 level 3 on the standard scale].

Textual Amendments

F6 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

Avoidance of Construction of superfluous Pipe-lines E+W+S

9 Provisions for securing that a pipe-line is so constructed as to reduce necessity for construction of others. E+W+S

(1) Where—

(a) application is made to the Minister for the grant of a pipe-line construction authorisation for the construction of a pipe-line to be designed for the conveyance of a particular kind of thing or of things of a particular class, and

(b) the Minister is satisfied that there is evidence of demand existing or likely to arise for the grant of such authorisations for the construction of further pipe-lines to be designed for the conveyance of that kind of thing or, as the case may be, things of that class, and

(c) the Minister is also satisfied that the routes to be taken by the further lines will severally be, as to the whole or any part thereof, the same or substantially the same as the route or any part of the route to be taken by the line to which the application relates,

he may, if he grants the application, grant it subject to the condition that the line to be constructed pursuant to the application or any length of that line specified in the authorisation shall be so constructed as to be capable of conveying, during such period as may be so specified, not less than such quantity as may be so specified of the kind of thing in question or, as the case may be, things of the class in question.

(2) The Minister may at any time, by notice served on the owner of a pipe-line constructed pursuant to a pipe-line construction authorisation to which a condition is attached by virtue of the foregoing subsection, impose such requirements as he thinks it necessary or expedient to impose for all or any of the following purposes, namely,—

(a) securing to persons other than the owner of the line the right to have conveyed by the line or, as the case may be, by any length of it specified in the authorisation by virtue of that subsection, the kind of thing specified in the authorisation or, as the case may be, things of the class so specified;

(b) regulating the charges to be made for the conveyance by the line or, as the case may be, by that length thereof, on behalf of persons other than the owner of the line of that kind of thing or, as the case may be, things of that class;

(c) securing that the exercise of a right secured by virtue of paragraph (a) of this subsection is not prevented or impeded;

but requirements imposed for the purpose specified in paragraph (a) of this subsection shall be so framed as, in the Minister’s opinion, to secure that compliance therewith will not prejudice the proper and efficient operation of the line for the purpose of the conveyance on behalf of the owner thereof, in the quantity required by him, of the kind of thing, or things of the class, which it is designed to convey.

(3) A notice served under the last foregoing subsection with reference to a pipe-line may authorise the owner thereof to recover, from persons to whom a right is secured by the notice by virtue of paragraph (a) of that subsection, payments of such amounts as may be determined in accordance with provisions in that behalf contained in the notice, being payments in consideration of that right’s being secured to them.

(4) Where a pipe-line constructed pursuant to a pipe-line construction authorisation to which a condition is attached by virtue of subsection (1) of this section is constructed without conformity to that condition, the works for the construction of the line shall be deemed, for the purposes of the foregoing provisions of this Act, to have been executed in contravention of subsection (1) of section one of this Act.

(5) If the owner of a pipe-line fails to comply with a requirement imposed by a notice served under subsection (2) of this section with reference to the line he shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding [F7 level 5 on the standard scale]; and, if the failure continues after his conviction, he shall be guilty of a further offence and liable, in respect thereof, to a fine not exceeding twenty-five pounds for each day on which the failure continues.

Textual Amendments

F7 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

Valid from 03/04/1999

[9A F8 Provisions for securing that an additional pipe-line is so constructed as to reduce necessity for construction of other pipe-lines—. E+W+S

(1) Where—

(a) application is made for the grant of planning permission for the construction of an additional pipe-line to be designed for the conveyance of a particular kind of thing or of things of a particular class, and

(b) the Secretary of State is satisfied that there is evidence of demand existing or likely to arise for the grant of planning permission or pipe-line construction authorisations for the construction of further pipe-lines to be designed for the conveyance of that kind of thing or, as the case may be, things of that class, and

(c) the Secretary of State is also satisfied that the routes to be taken by the further lines will severally be, as to the whole or any part thereof, the same or substantially the same as the route or any part of the route to be taken by the line to which the application relates,

he may, at any time before planning permission for the construction of the additional pipe-line is granted, by notice served on the person who made the application for planning permission, direct that the line to be constructed pursuant to the application or any length of that line specified in the notice shall be so constructed as to be capable of conveying, during such period as may be so specified, not less than such quantity as may be so specified of the kind of thing in question or, as the case may be, things of the class in question.

(2) The Secretary of State may at any time, by notice served on the owner of an additional pipe-line in respect of which a notice under subsection (1) of this section was served, impose such requirements as he thinks it necessary or expedient to impose for all or any of the following purposes, namely,–

(a) securing to persons other than the owner of the line the right to have conveyed by the line or, as the case may be, by any length of it specified in the notice by virtue of that subsection, the kind of thing specified in the notice or, as the case may be, things of the class so specified;

(b) regulating the charges to be made for the conveyance by the line or, as the case may be, by that length thereof, on behalf of persons other than the owner of the line of that kind of thing or, as the case may be, things of that class;

(c) securing that the exercise of a right secured by virtue of paragraph (a) of this subsection is not prevented or impeded; but requirements imposed for the purpose specified in paragraph (a) of this subsection shall be so framed as, in the Secretary of State’s opinion, to secure that compliance therewith will not prejudice the proper and efficient operation of the line for the purpose of the conveyance on behalf of the owner thereof, in the quantity required by him, of the kind of thing, or things of the class, which it is designed to convey.

(3) A notice served under subsection (2) of this section with reference to an additional pipe-line may authorise the owner thereof to recover, from persons to whom a right is secured by the notice by virtue of paragraph (a) of that subsection, payments of such amounts as may be determined in accordance with provisions in that behalf contained in the notice, being payments in consideration of that right’s being secured to them.

(4) Where an additional pipe-line in respect of which a notice is served under subsection (1) of this section is constructed without conformity to that notice, the works for the construction of the line shall be deemed, for the purposes of the foregoing provisions of this Act, to have been executed in contravention of subsection (1) of section one of this Act.

(5) If the owner of a pipe-line fails to comply with a requirement imposed by a notice served under subsection (2) of this section with reference to the line he shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 5 on the standard scale; and, if the failure continues after his conviction, he shall be guilty of a further offence and liable, in respect thereof, to a fine not exceeding twenty-five pounds for each day on which the failure continues.

(6) In this section “planning permission” means permission under Part III of the Town and Country Planning Act 1990 or under Part III of the Town and Country Planning (Scotland) Act 1997.]

Textual Amendments

F8 S. 9A inserted (3.4.1999) by S.I. 1999/742, art. 2, Sch. para. 7

Modifications etc. (not altering text)

C2 S. 9A: transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)

S. 9A: certain functions exercisable (30.6.1999) by S.I. 1999/1756, arts. 1, 2, Sch. para. 1 (with art. 8)

10 Provisions for securing that a pipe-line is so used as to reduce necessity for construction of others. E+W+S

(1) An application with respect to a pipe-line constructed pursuant to a pipe-line construction authorisation may be made to the Minister by any person other than the owner of the line who seeks the right to have conveyed by the line on his behalf a particular kind of thing or things of a particular class, being, as the case may be, the kind of thing or things of the class which the line is designed to convey.

(2) Where an application with respect to a pipe-line is made under the foregoing subsection to the Minister he shall serve on the owner of the line and the applicant notice of the time (being some time not less than twenty-one days from the date of the service of the notice) at which the question of conferring on the applicant the right sought by him will be considered by the Minister, and the owner and the applicant shall be entitled to be heard when that question is so considered.

(3) If after taking the question aforesaid into consideration the Minister is satisfied that the line could, without prejudice to the proper and efficient operation thereof for the purpose of the conveyance on behalf of the owner thereof, in the quantity required by him, of the kind of thing, or things of the class, which it is designed to convey, be so operated as to permit of the conveyance thereby on behalf of the applicant of the kind of thing, or things of the class, the right to the conveyance of which is sought by the applicant, he shall declare that he is so satisfied.

(4) Where the Minister makes under the last foregoing subsection a declaration with respect to a pipe-line he may by notice served on the owner of the line impose such requirements as he thinks it necessary or expedient to impose for all or any of the following purposes, namely,—

(a) securing to the person whose application resulted in the making of the declaration the right to have conveyed by the line the kind of thing to which the application related or, as the case may be, things of the class to which it related;

(b) regulating the charges to be made for the conveyance by the line on behalf of that person of that kind of thing or, as the case may be, things of that class;

(c) securing that the exercise of a right secured by virtue of paragraph (a) of this subsection is not prevented or impeded;

but requirements imposed for the purpose specified in paragraph (a) of this subsection shall be so framed as, in the Minister’s opinion, to secure that compliance therewith will not prejudice the proper and efficient operation of the line for the purpose mentioned in subsection (3) of this section.

(5) A notice served under the last foregoing subsection with reference to a pipe-line may authorise the owner thereof to recover, from the person to whom a right is secured by the notice by virtue of paragraph (a) of that subsection, payments of such amounts as may be determined in accordance with provisions in that behalf contained in the notice, being payments in consideration of the right’s being secured to him.

(6) If the owner of a pipe-line fails to comply with a requirement imposed by a notice served under subsection (4) of this section with reference to the line he shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding [F9 level 5 on the standard scale]; and, if the failure continues after his conviction, he shall be guilty of a further offence and liable, in respect thereof, to a fine not exceeding twenty-five pounds for each day on which the failure continues.

Textual Amendments

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

Compulsory Acquisition of Land for Construction of Pipe-lines E+W+S

11 Orders for compulsory acquisition of land for pipe-line construction. E+W+S

(1) A person proposing to execute works in land for the placing therein of a pipe-line or a length of a pipe-line may, by means of an order made by the Minister (in this Act referred to as a “compulsory purchase order”), be authorised to purchase compulsorily land described in the order which is required by him as the site of any of the works.

(2) The Minister, on an application for a compulsory purchase order, shall have power in his discretion to grant the application or to refuse it.

(3) The provisions of Part I of the Second Schedule to this Act shall have effect with respect to the making of applications for compulsory purchase orders, for the purpose of securing that opportunities are afforded for the making of objections to such applications, with respect to any modifications subject to which such orders may be made, for limiting the rights of persons to question the validity of such orders, and with respect to other related matters therein mentioned.

(4) The provisions of the Third Schedule to this Act shall apply to a compulsory purchase order for the purpose of rendering it effectual and of modifying the M3 Land Compensation Act 1961, in relation to the assessment of compensation payable in consequence of the purchase, by virtue of such an order, of any land.

(5) A compulsory purchase order shall be subject to special parliamentary procedure.

(6) In the application of this section to Scotland, for the reference to the Land Compensation Act 1961, there shall be substituted a reference to [F10 the M4 Land Compensation (Scotland) Act 1963].

Textual Amendments

F10 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17 (2)(a)

Modifications etc. (not altering text)

C3 S. 11 amended by Compulsory Purchase Act 1965 (c. 56), s. 37.

C4 S. 11: transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)

S. 11: certain functions exercisable (30.6.1999) by S.I. 1999/1756, arts. 1, 2, Sch. para. 1 (with art. 8)

Marginal Citations

M3 1961 c. 33.

M4 1963 c. 51.

Compulsory Acquisition of Rights over Land for Construction of Pipe-lines E+W+S

12 Orders for compulsory acquisition of rights over land for pipe-line construction. E+W+S

(1) A person proposing to execute works in land for the placing therein of a pipe-line or a length of a pipe-line may, by means of an order made by the Minister (in this Act referred to as a “compulsory rights order”), be authorised, subject to any conditions attached thereto under the next following section, to place the line or length in land described in the order, to use the line or length, to execute in that land any other pipe-line works becoming necessary for the purpose of placing the line or length in that land or in consequence of its being placed there, and to exercise in relation to the line or length such of the rights mentioned in the Fourth Schedule to this Act as may be specified in the order.

(2) The Minister, on an application for a compulsory rights order, shall have power in his discretion to grant the application or to refuse it.

(3) The provisions of Part I of the Second Schedule to this Act shall, subject to the modifications specified in Part II of that Schedule, have effect with respect to the making of applications for compulsory rights orders, for the purpose of securing that opportunities are afforded for the making of objections to such applications, with respect to any modifications subject to which such orders may be made, for limiting the rights of persons to question the validity of such orders, and with respect to other related matters therein mentioned.

(4) A compulsory rights order shall, after the placing of the line or length thereby authorised to be placed, enure for the benefit of the owner for the time being of the line.

(5) If any such pipe-line or length of a pipe-line as has been placed in land by virtue of a compulsory rights order is diverted from the land comprised in the order or is abandoned, or if a pipe-line construction or diversion authorisation relating to a pipe-line or length of a pipe-line to be placed in land in pursuance of a compulsory rights order becomes of no effect by virtue of subsection (4) of section one of this Act or of that subsection as applied by subsection (4) of section three thereof, or if a notice relating to such a pipe-line or length given for the purposes of subsection (1) of section two of this Act or of paragraph (b) of subsection (1) of section three thereof becomes invalid by virtue of subsection (3) of the said section two or of that subsection as applied by subsection (4) of the said section three, the Minister may by order revoke the compulsory rights order to the extent to which it appears to him to have become unnecessary in consequence of the diversion or abandonment or, as the case may be, of the authorisation’s so becoming of no effect or the notice’s so becoming invalid; and he may also, at any time, by order revoke a compulsory rights order in whole or in part in pursuance of an application in that behalf made to him by the person for whose benefit the compulsory rights order for the time being enures; but the revocation of a compulsory rights order shall not affect the previous operation thereof.

(6) A compulsory rights order shall not affect any right over the land comprised in the order which would not have been affected had that land been compulsorily purchased by virtue of a compulsory purchase order, nor shall it authorise disregard of any enactment or of any instrument having effect by virtue of any enactment or be taken to confer a right of support for the pipe-line or length of pipe-line placed, by virtue of the order, in the said land.

(7) A compulsory rights order shall be subject to special parliamentary procedure.

13 Power of Minister to attach conditions to compulsory rights orders. E+W+S

(1) The Minister may, if he grants an application for a compulsory rights order, attach to it such conditions as he thinks fit (other than a condition for securing a matter that may be secured under the provisions of this Act [F11 or the M5 Health and Safety at Work etc. Act 1974] relating to the safety of pipe-lines) with respect to—

(a) the manner, method or timing of the execution of pipe-line works authorised by the order;

(b) the execution, and the manner, method or timing of the execution, of works which it appears to him are or will be requisite or desirable prior to or in consequence of the execution of pipe-line works authorised by the order, or in consequence of a failure to comply with any such condition as has effect by virtue of the foregoing paragraph;

(c) in a case where the order authorises a pipe-line or length thereof to be placed in land of which the owners are statutory undertakers, being operational land, the execution and the manner, method or timing of the execution, of works which it appears to him are or will be requisite or desirable in consequence of the pipe-line’s or length’s being situated in such land;

(d) without prejudice to the generality of the foregoing paragraphs, the execution of works referred to in any of those paragraphs by or under the supervision of the owners of land comprised in the order;

(e) the payment of costs of the execution of any works or carrying out any other requirements to which a condition having effect by virtue of this section relates;

(f) the settlement of any dispute arising in consequence of any such condition as aforesaid;

and any conditions attached to a compulsory rights order under this section shall be set out in a schedule to the order.

(2) Subject to the next following subsection, the Minister may at any time on the application of an owner, lessee or occupier (except a tenant for a month or any period less than a month) of land comprised in a compulsory rights order, or of the person for whose benefit such an order for the time being enures, or of his own motion, by order vary the first-mentioned order—

(a) where the first-mentioned order has effect without conditions, by attaching thereto a condition with respect to any of the matters referred to in the foregoing subsection;

(b) where the first-mentioned order has effect subject to conditions, by revoking or varying any of them or by attaching thereto further such conditions as aforesaid.

(3) It shall be a condition precedent to the making of an order under the last foregoing subsection that, in the case of an order for which an application is made, the applicant, or, in any other case, the Minister, shall have served on every person concerned (other than the applicant in such a case as is first above mentioned) notice, in the prescribed form, stating the effect of the order and specifying the time (not being less than twenty-one days from the date of service of the notice) within which and the manner in which objection to the making of the order may be made to the Minister; and where an objection is duly made by a person on whom the notice has been served, and is not withdrawn, the Minister shall not make the order without affording to the objector an opportunity of being heard by him, and if the objector avails himself of that opportunity, the Minister shall afford to the applicant (in the case of an order for which an application is made under the last foregoing subsection) and any other person to whom it appears to the Minister expedient to afford it, an opportunity of being heard on the same occasion.

(4) Upon the making of an order under subsection (2) of this section, in the case of an order made on an application, the applicant, or, in any other case, the Minister, shall take such steps for notifying the persons concerned as the Minister may direct, or, as the case may be, shall think fit.

(5) If any works are executed in contravention of a condition attached to a compulsory rights order under this section, the person executing them, or, in the event of a failure by a person to comply with a requirement to carry out any works imposed on him by such a condition, that person, shall be guilty of an offence and liable—

(a) on summary conviction, to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding three months, or to both such fine and such imprisonment;

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both a fine and such imprisonment.

(6) In this section the following expressions have the meanings hereby assigned to them respectively,—

• “operational land”, in the application of this section to England and Wales, has the same meaning as in [F12 the M6 Town and Country Planning Act 1971], and, in the application of this section to Scotland, has the same meaning as in [F13 the M7 Town and Country Planning (Scotland) Act 1972];

• “persons concerned” means, in relation to a variation of a compulsory rights order, the person for whose benefit the order for the time being enures, and every owner, lessee and occupier (other than a tenant for a month or a period less than a month) of any land appearing to the Minister to be affected by the variation.

(7) If any question arises, in relation to this section, whether land of statutory undertakers is operational land as defined by this section, that question shall be determined by the appropriate Minister.

(8) The power conferred by subsection (2) of this section to make orders shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F11 Words inserted by S.I. 1974/1986, Sch. 2 para. 1

F12 Words substituted by virtue of Town and Country Planning Act 1971 (c. 78), Sch. 24. para. 2

F13 Words substituted by virtue of Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 22 para. 2

Modifications etc. (not altering text)

C5 S. 13 amended by Post Office Act 1969 (c. 48), Sch. 4 para. 93(4)

C6 S. 13 modified by British Telecommunications Act 1981 (c. 38, SIF 96), s. 87, Sch. 3 para. 12(a) and Civil Aviation Act 1982 (c. 16, SIF 9), s. 19, Sch. 2 para. 5

C7 S. 13(except subsection (7): transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)

S. 13 (except subsection (7): certain functions exercisable (30.6.1999) by S.I. 1999/1756, arts. 1, 2, Sch. para. 1 (with art. 8)

S. 13 modified (1.4.2001) by 2000 c. 38, s. 37, Sch. 5 para. 4(2) (with s. 106);S.I. 2001/869, art. 2

Marginal Citations

M5 1974 c. 37.

M6 1971 c. 78.

M7 1972 c. 52.

14 Compensation in respect of compulsory rights orders. E+W+S

(1) If a person entitled to an interest in land which comprises, or is held with, land to which a compulsory rights order applies, being an interest subsisting at the time when the order was made, proves that the value of his interest is depreciated by reason of the making of the order, the person in whose favour the order was made shall pay him compensation equal to the amount of the depreciation.

(2) Where in consequence of the exercise of any right conferred by a compulsory rights order a person suffers loss by reason of damage to, or disturbance in the enjoyment of, any land or chattels, he shall be entitled to compensation in respect of that loss from the person in whose favour the order was made or, where the owner of the pipe-line is not that person and the right in consequence of the exercise of which the loss was suffered was exercised by that owner, from that owner.

Pipe-lines in Streets E+W+S

15 Power to place pipe-lines in streets. E+W+S

(1) Subject to the provisions of this section, any person may place a pipe-line in a street with the consent of the appropriate authority for that street, and for that purpose and the purpose of works of the following kinds, that is to say,—

(a) inspecting, maintaining, adjusting, repairing, altering or renewing a pipe-line placed in a street in pursuance of this subsection;

(b) changing the position of a pipe-line so placed or removing it,

may open and break up the street and may remove or use earth or other materials in the street.

(2) Where it is proposed that, in exercise in relation to a street of the power conferred by the foregoing subsection, a pipe-line shall be placed along a line crossing the street, the appropriate authority for that street shall not withhold their consent under this section unless there are special reasons for doing so.

(3) Where it is proposed that, in exercise in relation to a street of the power conferred by subsection (1) of this section, a pipe-line shall be placed otherwise than along a line crossing the street, the consent of the appropriate authority for the street shall not be unreasonably withheld, and, for the purposes of this subsection, the withholding of consent shall be treated as reasonable if the owner of the pipe-line fails to show that there is no reasonably practicable alternative to the placing of the pipe-line in accordance with the proposals.

(4) The consent under this section of an appropriate authority may be given subject to reasonable conditions, including, without prejudice to the generality of the foregoing words, any one or more of the following conditions, that is to say,—

(a) a condition requiring payments to be made to that authority in respect of the placing of the pipe-line in the street and of its being kept there;

(b) where the street is a protected street—

(i) if it is reasonably practicable for the placing of the pipe-line to be carried out by a method which does not involve the opening or breaking up of the street, a condition that the placing of the pipe-line shall be carried out by such a method;

(ii) if it is reasonably practicable for any such works as are mentioned in paragraph (a) or (b) of subsection (1) of this section to be carried out by such a method as aforesaid, a condition that any such works shall be carried out by such a method;

(c) where the street is a highway, not being a protected street, and constitutes or comprises a carriageway and it is proposed that the pipe-line shall be placed along a line crossing the street, if it is reasonably practicable for any such works as are mentioned in paragraph (a) of subsection (1) of this section to be carried out by a method which does not involve the opening or breaking up of the carriageway, a condition that any such works shall be carried out by such a method;

(d) where the street is a highway, not being a protected street, and constitutes or comprises a carriageway and it is proposed that the pipe-line shall be placed otherwise than along a line crossing the street—

(i) if it is reasonably practicable for the placing of the pipe-line to be carried out by a method which does not involve the opening or breaking up of the carriageway, a condition that the placing of the pipe-line shall be carried out by such a method;

(ii) if it is reasonably practicable for any such works as are mentioned in paragraph (a) or (b) of subsection (1) of this section to be carried out by such a method as last aforesaid, a condition that any such works shall be carried out by such a method;

and, for the purposes of paragraph (b) of this subsection, the placing of a pipe-line or the carrying out of works by a method which does not involve the opening or breaking up of a street shall be taken to be reasonably practicable unless the owner of the pipe-line shows that such is not the case.

(5) The consent of an authority under this section shall not be required for the placing of a pipe-line by way of renewal of an existing pipe-line.

(6) Any dispute between the appropriate authority for a street and a person proposing to place a pipe-line in the street in respect of—

(a) the withholding of a consent under this section to the placing of the pipe-line in the street otherwise than along a line crossing the street; or

(b) the imposition of a condition under this section on the placing of the pipe-line in the street otherwise than as aforesaid,

shall be determined by the Minister [F14 with [F15 [F16 the Secretary of State for Transport](as regards England)], with the Secretary of State for Wales (as regards Wales) or with the Secretary of State for Scotland (as regards Scotland)] acting jointly, and the determination of the said Ministers shall not be impugned on the ground that either of them is himself a party to the dispute.

(7) Any dispute between the appropriate authority for a street and a person proposing to place a pipe-line in the street in respect of—

(a) the withholding of a consent under this section to the placing of the pipe-line in the street along a line crossing the street; or

(b) the imposition of a condition under this section on the placing of the pipe-line in the street along a line crossing the street,

shall be determined by arbitration and, where the Minister of Transport is the appropriate authority, the arbitrator shall be a single arbitrator appointed, in default of agreement between the parties concerned, by the President of the Institution of Civil Engineers.

(8) Where a street is carried by or goes under a bridge, subsection (1) of this section shall not authorise the placing of a pipe-line in, under, over, across, along or upon the bridge except in accordance with an agreement to which the authority, body or person in whom the bridge is vested is a party.

(9) For the purposes of this section a pipe-line shall be treated as placed along a line crossing a street if it is so placed that at either side of the street an angle, on a horizontal plane, of not more than forty-five degrees is formed between the line of the pipe-line inside the street and a line joining the point at which the line of the pipe-line crosses the side of the street with the point nearest to that point on the opposite side of the street.

(10) In this section the following expressions have the meanings hereby assigned to them respectively,—

• “appropriate authority”, in relation to a street, means—

  (a)

  where the street is a maintainable highway, the highway authority;

  (b)

  where the street is prospectively a maintainable highway, the appropriate local authority and the street managers;

  (c)

  where the street is not a maintainable highway and is not prospectively a maintainable highway, the street managers;

• “appropriate local authority”, “highway authority”, “maintainable highway”, “street”, “street authority”, and “street managers” have the same meanings as in the M8 Public Utilities Street Works Act 1950, and any reference to a street which is prospectively a maintainable highway shall be construed in accordance with the provisions of that Act;

• “protected street” means a street being a special road, a trunk road or a road classified by the Minister of Transport under the M9 Ministry of Transport Act 1919, in Class I or Class II;

• “special road” means a road provided or to be provided in pursuance of a scheme under section one of the M10 Special Roads Act 1949, or section eleven of the M11 Highways Act 1959 [F17 or section 16 of the Highways Act 1980], or to which, by virtue of [F18 paragraph 3 of schedule 23 to]the last-mentioned Act, that Act applies as if it were a road provided in pursuance of a scheme under [F18 section 16 thereof].

(11) In the application of this section to Scotland—

(a) references to a street which is a highway shall be construed as references to a street over which there is a public right of way;

(b) the expression “carriageway” means a way (other than a cycle track) over which the public have a right of way for the passage of vehicles;

(c) the reference in subsection (6) to the Minister of Transport shall be construed as a reference to the Secretary of State;

(d) in subsection (7), for the words from “shall be determined” to the end of the subsection there shall be substituted the words “shall be referred to the arbitration of a single arbiter appointed by agreement between the parties concerned or, in default of agreement, by the sheriff; and in any such arbitration the arbiter may, and, if so directed by the Court of Session, shall, state a case for the decision of that court on any question of law arising in the arbitration”;

(e) the reference in subsection (10) to the Minister of Transport shall be construed as including a reference to the Secretary of State.

Textual Amendments

F14 Words substituted by virtue of S.I. 1970/1681, Sch. 3 para. 21

F15 Words substituted by virtue of S.I. 1976/1775, arts. 2(1), 7(3), Sch. 1 and 1979/571, arts. 2 (1), 3(5)

F16 Words substituted by virtue of S.I. 1981/238, art. 2(1)

F17 Words inserted by Highways Act 1980 (c. 66, SIF 59), s. 343(2), Sch. 24 para. 10(a)

F18 Words substituted by Highways Act 1980 (c. 66, SIF 59), s. 343(2), Sch. 24 para. 10(a)

Modifications etc. (not altering text)

C8 S. 15 excluded (E.W.) by Dartford-Thurrock Crossing Act 1988 (c. 20, SIF 59), ss. 19, 38(3)

C9 Reference to Minister of Transport in s. 15(7) to be construed (W.) as reference to Secretary of State: S.I. 1965/319, arts. 2(1), 10(1)(a), Sch. 1 Pt. I

C10 The text of the last part of s. 5(3), s. 15(11)(c) and the proviso to s. 67(5) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M8 1950 c. 39.

M9 1919 c. 50.

M10 1949 c. 32.

M11 1959 c. 25.

16 Modification of the street works code in the Public Utilities Street Works Act 1950, in its application to pipe-line works in streets. E+W+S

(1) Section five of the M12 Public Utilities Street Works Act 1950 (which empowers a street authority in certain circumstances to disapprove a plan and section submitted under subsection (1) of section three of that Act of works proposed to be executed in a street which is a maintainable highway or is prospectively a maintainable highway on the ground that the works ought to be executed in controlled land abutting on the street, or to approve the plan and section subject to modifications excluding some of the works on the ground that they ought to be executed in such land), shall not have effect in relation to a plan and section of undertakers’ works to be executed in exercise of the power to execute such works conferred by subsection (1) of section fifteen of this Act, and accordingly subsection (4) of section four of that Act shall, in relation to such a plan and section, have effect with the omission of proviso (i) thereto (which precludes the settlement under that subsection by an arbitrator of a plan and section of works if the case falls within the said section five and the only modifications or disapproval notified with respect to the plan and section as submitted under subsection (1) of section three of that Act are on the part of the street authority and on the ground that some or all of the works ought to be executed in controlled land).

(2) For the purposes of the application of the said section four in relation to a plan and section of undertakers’ works to be executed in exercise of the power to execute such works conferred by subsection (1) of section fifteen of this Act,—

(a) forty-three days shall be substituted for twenty-nine days (in paragraph (a) of subsection (2)) as the period before the expiration of which the notice required by subsection (1) must be given in the case mentioned in that paragraph;

(b) any modification of a plan and section shall be disregarded in so far as the modification would involve lateral diversion of a pipe-line beyond the limits of lateral deviation permissible in relation thereto, any disapproval of a plan and section shall be disregarded in so far as the ground therefor is or involves that there ought to be such a diversion, and an arbitrator settling a plan and section shall not thereby provide for any such diversion.

Marginal Citations

M12 1950 c. 39.

17 Modification of the code in Part II of the Public Utilities Street Works Act 1950, in its application to pipe-line works in streets. E+W+S

(1) No person shall be entitled to payment by virtue of section twenty-two of the M13 Public Utilities Street Works Act 1950 (undertakers’ right to payment for works made necessary by, and obligation to facilitate, road etc. works), in respect of works or measures of his executed or taken in connection with a pipe-line.

(2) A promoting authority shall not be entitled under subsection (2) of the said section twenty-two to require any lateral diversion of a pipe-line beyond the limits of lateral deviation permissible in relation thereto.

Marginal Citations

M13 1950 c. 39.

18 Restriction on breaking up, for execution of pipe-line works, highways in London Traffic Area recently closed for repair. E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

Textual Amendments

F19 S. 18 repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20 E+W+S

Textual Amendments

F20 S. 19 repealed by Highways Act 1980 (c. 66, SIF 59), s. 343(3), Sch. 25

Safety of Pipe-lines E+W+S

F21 20 † Power of the Minister to impose requirements with respect to mode of construction, &c., of pipe-lines. E+W+S

(1) [F22 The Health and Safety Executive] may at any time if [F22 the Executive] considers it necessary so to do in the interests of safety, by notice served on a person who is executing, or is proposing to execute, works in land for the construction of a pipe-line,—

(a) prohibit, as regards works for the construction of the line or of any length thereof specified in the notice, the execution of the works (so far as they fall to be executed after the service of the notice) otherwise than in such a manner as may be so specified;

(b) prohibit, as regards any length of the line specified in the notice, the construction thereof (so far as it falls to be constructed after the service of the notice) except of such materials, and with the inclusion of such safety devices, as may be specified in the notice or the incorporation therein in the course of the construction thereof (so far as it falls as aforesaid) of component parts of a class so specified that do not comply with such requirements as may be so specified;

(c) prohibit, as regards the line or any length thereof specified in the notice, the placing thereof (so far as, in the course of works for the construction thereof falling to be executed after the service of the notice, it falls to be placed below the surface of the ground) at a depth below that surface less than such as may be so specified.

(2) If a person on whom a notice is served under the foregoing subsection serves on the [F22 the Executive], before the expiration of twelve weeks from the date on which the notice was served, a counter-notice objecting to the notice, [F22 the Executive] shall afford him an opportunity of appearing before and being heard by a person appointed by [F22 the Executive] for the purpose, and if the first-mentioned person avails himself of the opportunity, [F22 the Executive] shall, before the expiration of twelve weeks from the date on which the hearing is concluded, consider the objection and the report of the person appointed to hear the objector and by notice served on the objector either quash the notice objected to, or confirm it without modification, or confirm it subject to such modification as appears to [F22 the Executive] to meet the objection.

The quashing under this subection of a notice served under the foregoing subsection shall neither be taken to prevent the service by [F22 the Executive] of a fresh notice nor affect the previous operation of the notice.

(3) In the event of a failure, in relation to works or a pipe-line, to comply with a prohibition imposed by a notice served under subsection (1) of this section, the person who executed the works for the construction of the line shall be guilty of an offence . . . F23

Textual Amendments

F21 S. 20 saved by virtue of Health and Safety at Work etc. Act 1974 (c. 37, SIF 43:3), s. 53, Sch. 1 and Highland Regional Council (Harbours) Order Confirmation Act 1991 (c. xii), s. 61(1)(f)

F22 Words substituted by virtue of S.I. 1974/1986, Sch. 2 para. 2

F23 Words repealed by S.I. 1974/1986, Sch. 7

Modifications etc. (not altering text)

C11 Unreliable marginal note

C12 Ss. 20–22 amended by S.I. 1990/1380, art. 3, 4

C13 S. 20 saved by virtue of Health and Safety at Work etc. Act 1974 (c. 37, SIF 43:3), s. 53, Sch. 1 and Tay Road Bridge Order Confirmation Act 1991 (c. iv), Sch. s. 62

21 Enforcement of requirements imposed under section 20. E+W+S

(1) In the event of a failure, in relation to the execution of works in land for the construction of a pipe-line, to comply with any such prohibition imposed by a notice served under subsection (1) of the last foregoing section as has effect by virtue of paragraph (a) thereof, [F24 the Health and Safety Executive] may serve on the person who executed the works a notice requiring him to remove so much of the works as has been executed without compliance with the prohibition or, if he so elects, to effect such alterations thereto as may be necessary to make them comply with the prohibition; and in the event of a failure, in relation to the execution of works in land for the construction of a pipe-line, to comply with any such prohibition imposed by a notice served under subsection (1) of the last foregoing section as has effect by virtue of paragraph (b) or (c) thereof, [F24 the Executive] may serve on the owner of the line a notice requiring him to remove so much of the line as has been constructed without compliance with the prohibition or, if he so elects, to effect such alterations thereto as may be necessary to comply with the prohibition.

(2) If a person on whom a notice is served under the foregoing subsection fails, before the expiration of six weeks from the date on which the notice was served, or such longer period as [F24 the Executive] may on his application allow, to comply with the requirement imposed by the notice, [F24 the Executive] may enter and remove any works or length of line with respect to which default has been made, or effect such alterations thereto as he deems necessary, and may recover from the person in default, in any court of competent jurisdiction, the expenses reasonably incurred by [F24 the Executive] in so doing.

(3) Where, in consequence of compliance with a requirement imposed by a notice served on a person under subsection (1) of this section or of the exercise, in consequence of the failure of a person on whom such a notice is served to comply with a requirement imposed thereby, of the power conferred by the last foregoing subsection, a person, other than the person on whom the notice was served, suffers loss by reason of damage to, or disturbance in the enjoyment of, any land or chattels, he shall be entitled, where the loss was suffered in consequence of such compliance, to compensation in respect of that loss from the person on whom the notice was served, or, where the loss was suffered in consequence of the exercise of that power, to compensation in respect of that loss from [F24 the Executive]; and [F24 the Executive] may recover from the person on whom the notice was served, in any court of competent jurisdiction, the amount of any compensation paid by [F24 the Executive] under this subsection.

(4) Subsection (1) of section five of this Act shall have effect where a notice is served under subsection (1) of this section as it has effect where a notice is served under section four of this Act with the substitution, for the reference to the removal of the works required by the notice to be removed, of a reference to the removal of the works or length of line required by the notice to be removed.

(5) The service of a notice under subsection (1) of this section in consequence of any such failure as is therein mentioned shall be without prejudice to the taking of proceedings under subsection (3) of the last foregoing section in respect of the failure.

Textual Amendments

F24 Words substituted by virtue of S.I. 1974/1986, Sch. 2 para. 2

Modifications etc. (not altering text)

C14 Ss. 20–22 amended by S.I. 1990/1380, art. 3, 4

C15 S. 21 saved by virtue of Health and Safety at Work etc. Act 1974 (c. 37, SIF 43:3), s. 53, Sch. 1 and Tay Road Bridge Order Confirmation Act 1991 (c. iv), Sch. s. 62

C16 S. 21 saved by virtue of Health and Safety at Work etc. Act 1974 (c. 37, SIF 43:3), s. 53, Sch. 1 and Highland Regional Council (Harbours) Order Confirmation Act (c. xii), s. 61(1)(f)

F25 22 Prohibition of use of length of pipe-line not complying with requirements imposed under section 20. E+W+S

(1) Where, by virtue of subsection (1) of the last foregoing section, works are required to be removed or altered, it shall not be lawful for use to be made of so much of a pipe-line as has been constructed in the course of the execution of the works unless and until such alterations have been effected to the works (whether by the person required to remove or alter them or by [F26 the Health and Safety Executive]) as are necessary to make them comply with the prohibition in default of compliance with which they were executed; and where, by virtue of that subsection, a length of a pipe-line is required to be removed or altered, it shall not be lawful for use to be made of that length unless and until such alterations have been effected thereto (whether by the person required to remove or alter it or by [F26 the Executive]) as are necessary to make it comply with the prohibition in default of compliance with which it was constructed.

(2) In the event of a contravention of the foregoing subsection in relation to any works, the person who executed them shall be guilty of an offence, and, in the event of a contravention of that subsection in relation to a length of a pipe-line, the owner of the line comprising the length shall be guilty of an offence; . . . F27

Textual Amendments

F25 S. 22 saved by virtue of Health and Safety at Work etc. Act 1991 (c. 37, SIF 43:3), s. 53, Sch. 1 and Highland Regional Council (Harbours) Order Confirmation Act (c. xii), s. 61(1)(f)

F26 Words substituted by virtue of S.I. 1974/1986, Sch. 2 para. 2

F27 Words repealed by S.I. 1974/1986, Sch. 7

Modifications etc. (not altering text)

C17 Ss. 20–22 amended by S.I. 1990/1380, art. 3, 4

C18 S.22 saved by virtue of Health and Safety at Work etc. Act 1974 (c. 37, SIF 43:3), s. 53, Sch. 1 and Tay Road Bridge Order Confirmation Act 1991 (c. iv), Sch. s. 62

23 Power of the Minister to impose requirements with respect to examination, repair, &c., of pipe-lines. E+W+S

(1) In the case of any pipe-line, [F28 the Health and Safety Executive] may at any time by notice served on the owner thereof impose such requirements with respect to all or any of the following matters as he thinks it expedient to impose in the interests of safety, namely,—

(a) the examination, repair, maintenance, adjustment and testing of the line;

(b) the inspection of the route taken by the line.

(2) If at any time [F28 the Executive] is satisfied with respect to a pipe-line or a length of a pipe-line that, in the interests of safety, the unrestricted use of the line or length ought no longer to be permitted, he may by notice served on the the owner of the line—

(a) require that the line shall be so operated that the pressure of its contents, or, as the case may be, the pressure of the contents of that length of it, will at no point exceed [F29 such number of bars as may be specified]in the notice; or

(b) prohibit the use (either absolutely or for the conveyance of any thing other than a thing of a particular kind specified in the notice or a thing of a class so specified) of the line or, as the case may be, that length of it, until there have been effected thereto such alterations as may be so specified, being alterations as to which [F28 the Executive] is satisfied that the effecting thereof will suffice to permit of the resumption of the use of the line or length without restriction.

(3) Subsection (2) of section twenty of this Act shall, with the substitution, for references to subsection (1) of that section, of references to the foregoing provisions of this section, have effect for the purposes of this section as it has effect for the purposes of that section.

(4) In the event of a failure, in relation to a pipe-line or a length of a pipe-line, to comply with a requirement or prohibition imposed by a notice served under the foregoing provisions of this section, the owner of the line shall be guilty of an offence . . . F30

(5) Where, in consequence of the effecting of alterations to a pipe-line or a length of a pipe-line in consequence of the service of a notice under subsection (2) of this section a person, other than the person on whom the notice was served, suffers loss by reason of damage to, or disturbance in the enjoyment of, any land or chattels, he shall be entitled to compensation in respect of that loss from the person on whom the notice was served.

Textual Amendments

F28 Words substituted by virtue of S.I. 1974/1986, Sch. 2 para. 2

F29 Words substituted by S.I. 1981/695, art. 2

F30 Words repealed by S.I. 1974/1986, Sch. 7

Modifications etc. (not altering text)

C19 S. 23 amended by S.I. 1990/1380, art. 3, 4

C20 S. 23 saved by virtue of Health and Safety at Work etc. Act 1974 (c. 37, SIF 43:3), s. 53, Sch. 1 and Tay Road Bridge Order Confirmation Act 1991 (c. iv), Sch. s. 62

C21 S. 23 saved by virtue of Health and Safety at Work etc. Act 1974 (c. 37, SIF 43:3), s. 53, Sch. 1 and Highland Regional Council (Harbours) Order Confirmation Act 1991 (c. xii), s. 61(1)(f)

24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31 E+W+S

Textual Amendments

F31 Ss. 24, 34 repealed by S.I. 1974/1986, Sch. 1

25 Power of the Minister to cause steps to be taken for rendering pipe-line, or length thereof, safe on abandonment or cesser of use. E+W+S

(1) In either of the following events, namely,—

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

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

the Minister, if he is of opinion that the line or length is, or is likely to become, a source of danger, may serve on the owner of the line a notice requiring him to do to the line or length such things as may be specified in the notice, being things the doing of which appears to the Minister requisite to stop the line’s or length’s being or, as the case may be, to prevent its becoming a source of danger.

(2) If a person on whom a notice is served under the foregoing subsection fails, before the expiration of six weeks from the date on which the notice was served, or such longer period as the Minister may on his application allow, to do the things specified in the notice, the Minister may enter and do them and may recover from that person, in any court of competent jurisdiction, the expenses reasonably incurred by the Minister in doing them.

(3) Where, in consequence of compliance with a requirement to do any thing to a pipe-line or length thereof imposed by a notice under subsection (1) of this section, or of the exercise of the power to enter and do any thing to a pipe-line or length thereof conferred by the last foregoing subsection, a person, other than the owner of the line, suffers loss by reason of damage to, or disturbance in the enjoyment of, any land or chattels, he shall be entitled, where the loss was suffered in consequence of such compliance, to compensation in respect of that loss from the owner of the line, or, where the loss was suffered in consequence of the exercise of that power, to compensation in respect of that loss from the Minister; and the Minister may recover from the owner of the line, in any court of competent jurisdiction, the amount of any compensation paid by the Minister under this subsection.

Modifications etc. (not altering text)

C22 Ss. 25, 26 amended by S.I. 1990/1380, art. 3, 4

C23 S. 25 saved by virtue of Health and Safety at Work etc. Act 1974 (c. 37, SIF 43:3), s. 53, Sch. 1 and Tay Road Bridge Order Confirmation Act 1991 (c. iv), Sch. s. 62

C24 S. 25 saved by virtue of Health and Safety at Work etc. Act 1974 (c. 37, SIF 43:3), s. 53, Sch. 1 and Highland Regional Council (Harbours) Order Confirmation Act (c. xii), s. 61(1)(f)

C25 S. 25 amended (23.8.1993) by S.I. 1993/1823, reg. 4(1)

26 † Prohibition of change of use of pipe-line without previous notice to the Minister. E+W+S

(1) It shall not, when a pipe-line constructed pursuant to a pipe-line construction authorisation or in accordance with a notice given for the purposes of subsection (1) of section two of this Act is first brought into use, be lawful for it to be used for the conveyance of any thing other than a thing of the particular kind, or things of the particular class, stated in the application for the grant of the authorisation or, as the case may be, the notice to be the kind of thing, or the things of the class, proposed to be conveyed in the line unless, not less than three weeks before the date on which it is so brought into use, notice of intention to use it for the conveyance of that other thing when it is so brought into use has been given by the owner of the line to [F32 the Health and Safety Executive]; nor shall it be lawful, after a pipe-line has first been brought into use, for a change to be made in the thing or class of things conveyed thereby unless, not less than three weeks before the change occurs, notice of the change (specifying in what it consists) has been given as aforesaid.

(2) In the event of a contravention, in relation to a pipe-line, of the foregoing subsection, the owner of the line shall be guilty of an offence . . . F33

Textual Amendments

F32 Words substituted by virtue of S.I. 1974/1986, Sch. 2 para. 2

F33 Words repealed by S.I. 1974/1986, Sch. 7

Modifications etc. (not altering text)

C26 Unreliable marginal note

C27 Ss. 25, 26 amended by S.I. 1990/1380, art. 3, 4

C28 S. 26 saved by virtue of Health and Safety at Work etc. Act 1974 (c. 37, SIF 43:3), s. 53, Sch. 1 and Tay Road Bridge Order Confirmation Act 1991 (c. iv), Sch. s. 62

C29 S. 26 saved by virtue of Health and Safety at Work etc. Act 1974 (c. 37, SIF 43:3), s. 53, Sch. 1 and Highland Regional Council (Harbours) Order Confirmation Act 1991 (c. xii), s. 61(1)(f)

[F34 26A Availability of funds. E+W+S

(1) The Secretary of State may at any time by notice served on the owner of a pipe-line prohibit the use or testing of the pipe-line, or of any length of the pipe-line, unless there are satisfied such requirements as may be specified in the notice for the purpose mentioned in subsection (2).

(2) The purpose referred to in subsection (1) is that of ensuring that funds are available to discharge any liability that may arise in respect of damage attributable to the release or escape of anything from the pipe-line or length.

(3) If, before the expiration of twelve weeks from the date on which a notice is served on any person under subsection (1), he serves a counter-notice on the Secretary of State objecting to the notice, the Secretary of State shall afford him an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

(4) Before the expiration of twelve weeks from the date on which any hearing under subsection (3) is concluded, the Secretary of State shall consider the objection and the report of the person appointed to hear the objector and, by notice served on the objector,—

(a) quash the notice objected to, or

(b) confirm it without modification, or

(c) confirm it with such modification as appears to the Secretary of State to meet the objection.

(5) The quashing of a notice served under subsection (1) shall not affect the previous operation of the notice or be taken to prevent the service of a fresh notice.

(6) If a pipe-line is used or tested in contravention of a prohibition imposed by a notice under this section then, unless he shows that he used due diligence to avoid contravention, the owner shall be guilty of an offence.

(7) A person guilty of an offence under this section shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine.]

Textual Amendments

F34 S. 26A inserted by Petroleum Act 1987 (c. 12, SIF 86), s. 26(1)

Modifications etc. (not altering text)

C30 S. 26A: transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)

S. 26A: certain functions exercisable (30.6.1999) by S.I. 1999/1756, arts. 1, 2, Sch. para. 1 (with art. 8))

Avoidance of Damage to Pipe-lines by Buildings, &c. E+W+S

27 Power of the Minister, where pipe-line imperilled by building or structure, to order demolition thereof or execution of remedial works. E+W+S

(1) If, without the consent of the Minister, a person so erects or constructs a building or structure that a part of it is situate less than ten feet from a point on the surface of land whose position is vertically above a part of a pipe-line below the surface, the provisions of subsections (2) to (5) of this section shall have effect, except in a case where subsection (6) thereof applies.

(2) The Minister may serve on the owner or owners of the building or structure in question and on the owner of the pipe-line notice of the time (being some time not less than twenty-one days from the date of the service of the notice) and place at which the question of ordering the building or structure to be demolished or (in lieu thereof) works to be executed for the safeguarding of the pipe-line will be considered by him, and the owners of the building or structure and the owner of the pipe-line shall be entitled to be heard when that question is so considered.

(3) If, after taking the question aforesaid into consideration, the Minister is satisfied that it is impracticable to safeguard the pipe-line in question otherwise than by means of the demolition of the building or structure in question or of a part thereof, he may make a demolition order requiring that the building or structure or that part thereof shall be demolished, and that (in the case of a building) the building, or such part thereof as is required to be vacated for the purposes of the demolition, shall be vacated within two months from the date on which the order becomes operative; and if he does so, shall serve a copy of the order upon the owner or owners of the building or structure.

(4) If, after taking the question aforesaid into consideration, the Minister is satisfied that the pipe-line in question can be safeguarded by the execution to the building or structure in question of any works in lieu of the demolition thereof (in whole or in part), he may make an order requiring the execution thereto of such works as may be specified in the order, and if he does so, shall serve a copy of the order upon the owner or owners of the building or structure.

(5) If, after taking the question aforesaid into consideration, the Minister is satisfied that the pipe-line in question can be safeguarded by the execution, in lieu of the demolition (in whole or in part) of the building or structure in question, of works to the pipe-line, he may make an order requiring the execution thereto of such works as may be specified in the order, and if he does so, shall serve a copy of the order on the owner of the pipe-line.

(6) Subsections (2) to (5) of this section shall not have effect in the case of a building or structure forming part of a pipe-line or erected or constructed for the lodging therein of part of a pipe-line, being a building or structure no part of which is situate less than ten feet from a point on the surface of land whose position is vertically above a part of another pipe-line below the surface or in the case of a building or structure in which a pipe-line or any part of a pipe-line is terminated.

Modifications etc. (not altering text)

C31 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))

C32 s. 27(1)extended by Gas Act 1972 (c. 60), s. 39(2)(3)

C33 S. 27(1) amended by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1), Sch. 7 para. 5(2)

28 Time of operation and effect of demolition order. E+W+S

(1) A demolition order made under subsection (3) of the last foregoing section in respect of any building or structure shall become operative upon the service of a copy thereof on the owner of the building or structure.

(2) The owner of any building in respect of which a demolition order is made as aforesaid shall carry out the demolition provided for by the order before the expiration of six weeks from the date on which the order becomes operative or, if the building, or such part thereof as is required to be vacated, is not vacated until after that date, before the expiration of six weeks from the date on which it is vacated or, in either case, before the expiration of such longer period as in the circumstances the Minister deems reasonable, and if the demolition is not so carried out the Minister may enter and carry out the demolition and, where he does so, he shall sell the materials rendered available thereby.

(3) The owner of any structure in respect of which a demolition order is made as aforesaid shall carry out the demolition provided for by the order before the expiration of six weeks from the date on which the order becomes operative or before the expiration of such longer period as in the circumstances the Minister deems reasonable, and if the demolition is not so carried out the Minister may enter and carry out the demolition and, where he does so, he shall sell the materials rendered available thereby.

(4) [F35 Subsection (2) to (5) of section 23 of the M14 Housing Act 1957][F35 The provisions of section 272 of the Housing Act 1985](which provide for the recovery by a local authority of expenses incurred by them in demolishing premises in pursuance of a demolition order made under [F36 Part IX] of that Act and for the disposal of any surplus remaining in the hands of such an authority in consequence of demolishing premises in pursuance of such an order), shall apply in relation to any expenses incurred by the Minister under subsection (2) or (3) of this section and to any surplus remaining in his hands as they apply in relation to any expenses or surplus in a case where premises are demolished by a local authority in pursuance of such a demolition order as aforesaid, with the substitution, for references to the authority, of references to the Minister and, for references to the premises demolished under the said [F36 Part IX], or references to the building or structure demolished under this section.

(5) The last foregoing subsection shall not apply to Scotland, but in Scotland—

(a) any expenses incurred by the Minister under subsection (2) or (3) of this section, after giving credit for any amount realised by the sale of materials, may be recovered by him from the owner of the building or structure demolished or, if there is more than one owner, from the owners thereof in such shares as the sheriff may determine to be just and equitable; and any owner who pays to the Minister the full amount of his claim may recover from any other owner such contribution, if any, as the sheriff may determine to be just and equitable;

(b) any surplus in the hands of the Minister shall be paid by him to the owner of the building or structure demolished, or, if there is more than one owner, shall be paid as those owners may agree or, in default of agreement, as the sheriff may determine to be just and equitable;

(c) the sheriff within whose jurisdiction the building or structure demolished is situated shall have jurisdiction to hear and determine any proceedings under paragraph (a) or (b) of this subsection; and in determining for the purposes of this section the shares in which any expenses shall be paid or contributed by, or any surplus shall be divided between, two or more owners of any building or structure, the sheriff shall have regard to their respective interests in the building or structure, their respective obligations and liabilities in respect of maintenance and repair under any agreement, whether express or implied, and all the other circumstances of the case.

Textual Amendments

F35 Words commencing “The provisions of ...” substituted (E.W.) for words commencing “Subsections (2) to (5) ...” by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 7(2)(a)

F36 Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 7(2)(b)

Modifications etc. (not altering text)

C34 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))

Marginal Citations

M14 1957 c, 56

29 Execution of remedial works by the Minister in default of compliance with order to execute them, and recovery of expenses incurred in executing such works. E+W+S

(1) If a person on whom an order is served under subsection (4) or (5) of section twenty-seven of this Act fails, before the expiration of six weeks from the date on which the order was served, or such longer period as the Minister may on his application allow, to execute the works specified in the order, the Minister may enter and execute the works.

(2) Where works for the safeguarding of a pipe-line are executed—

(a) in pursuance of the foregoing subsection in default of compliance with such an order as is therein mentioned, or

(b) in compliance with an order under the said subsection (5),

the expenses reasonably incurred by the Minister or owner of the pipe-line, as the case may be, in executing the works may be recovered by him from the owner of the building or structure the erection or construction of which was the cause of the making of the order or, if there is more than one owner, from the owners thereof in such shares as the judge may determine to be just and equitable; and an owner of the building or structure who pays to the Minister or owner of the pipe-line the full amount of his claim may recover from any other owner of the building or structure such contribution, if any, as the judge may determine to be just and equitable.

(3) The county court within whose jurisdiction the building or structure is situated shall have jurisdiction to hear and determine any proceedings under the last foregoing subsection; and in determining for the purposes of that subsection the shares in which any expenses shall be paid or contributed by two or more owners of any building or structure, a county court judge shall have regard to their respective interests in the building or structure and all the other circumstances of the case.

(4) In the application of this section to Scotland, for references to a county court or a county court judge there shall be substituted references to the sheriff.

Modifications etc. (not altering text)

C35 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))

30 Recovery of possession of building or part of building to be demolished. E+W+S

(1) [F37 Section 286 of the Housing Act 1985](which provides for the recovery of possession of a building to be demolished in pursuance of a demolition order made under [F38 Part IX]of that Act), shall have effect for the purpose of enabling the demolition provided for by an order under subsection (3) of section twenty-seven of this Act to be carried out as it has effect for the purpose of enabling the demolition provided for by an order under the said [F38 Part IX] to be carried out, with the substitution, for references to a demolition order under that Part, of references to a demolition order under the said subsection (3) and, for references to the local authority, of references to the Minister.

(2) In the application of this section to Scotland, for references to [F39 section 286 of the said Act 1985]and to [F40 Part IX][F41 Part VI]of that Act there shall be substituted references to [F42 section 181 [F41 127]of the M15 Housing (Scotland) Act 1966 [F41 1987]], and to Part II of that Act.

Textual Amendments

F37 Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 7(3)(a)

F38 Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 7(3)(c)

F39 Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 7(3)(b)

F40 Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 7(3)(c)

F41 By Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339, Sch. 23 para. 9 it is provided that for “181”, “1966” and “Part III” (now “Part IX”) there is substituted (S.) “127”, “1987” and “Part VI” respectively

F42 Words substituted by virtue of Housing (Scotland) Act 1966 (c. 49), s. 212(5)

Modifications etc. (not altering text)

C36 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))

Marginal Citations

M15 1966 c. 49.

31 Power of the Minister to remove deposits imperilling pipe-line. E+W+S

(1) If, without the consent of the Minister, a person so deposits any earth, refuse, spoil or other materials that any of the materials deposited are situate less than ten feet from a point on the surface of land whose position is vertically above a part of a pipe-line below the surface, then, unless the materials were deposited for the purposes or in the course of agricultural operations (not being operations for the storage of crops, grass or silage), or in the course of executing code-regulated works within the meaning of the M16 Public Utilities Street Works Act 1950, the Minister may enter and remove the materials deposited and may recover the expenses reasonably incurred by him in so doing from the owner of the land on which the materials were deposited or, if there is more than one owner, from the owners thereof in such shares as the judge may determine to be just and equitable.

(2) An owner of land who pays to the Minister the full amount of a claim by him under the foregoing subsection may recover from any other owner of the land such contribution, if any, as the judge may determine to be just and equitable.

(3) The county court within whose jurisdiction the land is situated shall have jurisdiction to hear and determine any proceedings under subsection (1) or (2) of this section; and in determining for the purposes of either of those subsections the shares in which any expenses shall be paid or contributed by two or more owners of any land, a county court judge shall have regard to their respective interests in the land and all the other circumstances of the case.

(4) In the application of this section to Scotland, for references to a county court or a county court judge there shall be substituted references to the sheriff.

Modifications etc. (not altering text)

C37 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))

C38 S. 31(1) extended by Gas Act 1972 (c. 60), s. 39(2)(3)

C39 S. 31(1) amended by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1), Sch. 7 para. 5(2)

Marginal Citations

M16 1950 c. 39.

32 Compensation in respect of restrictions under sections 27 and 31. E+W+S

(1) Where works for the construction of a pipe-line have been executed (whether before or after the coming into operation of this section) and the value of an interest in land is depreciated in consequence of restrictions taking effect by virtue of subsection (1) of section twenty-seven of this Act or subsection (1) of section thirty-one thereof, being an interest subsisting at the time when those restrictions take effect as respects that land, then, subject to the provisions of the following subsection, there shall be payable in respect of that interest by the owner of the pipe-line compensation of an amount equal to the amount of the depreciation.

(2) The foregoing subsection shall not apply—

(a) where land is acquired, whether compulsorily or by agreement, for the purpose of placing therein a length of pipe-line, to land which, immediately before the acquisition, comprised or was held with the land so acquired;

(b) to land comprising or held with land over which a right to place therein a length of pipe-line has been acquired, whether compulsorily or by agreement (otherwise than by virtue of the acquisition of the land).

Modifications etc. (not altering text)

C40 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))

Notification and Investigation of Accidents E+W+S

33 Notification of certain accidents. E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43

Textual Amendments

F43 S. 33 repealed by S.I. 1980/804, reg. 12, Sch. 5 Pt. I

34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44 E+W+S

Textual Amendments

F44 Ss. 24, 34 repealed by S.I. 1974/1986, Sch. 1

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 [F45 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, . . . F46 district or . . . F47 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

F45 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

F46 Words repealed by S.I. 1974/595, Sch. 1 Pt. I

F47 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 [F48 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

F48 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) [F49 to all river boards, river purification authorities, statutory water][F49 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 [F50 sewerage authorities][F50 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) [F51 in the case of any river board, river purification authority, statutory water][F51 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 [F52 sewerage authority][F52 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 [F53 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 M17 Fire Services Act 1947;

(b) [F54 “river purification authority” means] a river purification authority within the meaning of the M18 Rivers (Prevention of Pollution) (Scotland) Act 1951;

(c) [F55 “sewerage authority” means an authority which is a sewerage authority for the purposes of Part II of the M19 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 M20 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

F49 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)

F50 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)

F51 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)

F52 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)

F53 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

F54 Words substituted by Water Resources Act 1963 (c. 38), Sch. 13 para. 18

F55 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)

C41 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))

C42 S. 37(1) amended (23.8.1993) by S.I. 1993/1823, reg. 4(1)

C43 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

M17 1947 c. 41.

M18 1951 c. 64.

M19 1936 c. 49.

M20 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 [F56 level 3 on the standard scale].

Textual Amendments

F56 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)

C44 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)

Provisions for avoiding Obstructions to Navigation and Interference with telegraphic, &c., Lines E+W+S

39 Avoidance of obstruction or danger to navigation by pipe-lines over or under harbour waters. E+W+S

(1) No person shall place a length of pipe-line above or beneath the surface of waters over which a harbour authority have jurisdiction except with the consent of the authority and subject to such (if any) reasonable conditions as they may impose for securing that the length does not constitute an obstruction or danger to navigation.

(2) Consent, for the purposes of this section, of a harbour authority shall not be unreasonably withheld, and if a dispute arises—

(a) whether consent, for those purposes, of such an authority is unreasonably withheld, or

(b) whether conditions imposed under this section by such an authority are reasonable,

it shall be referred to and determined by [F57 the Secretary of State].

(3) A person who contravenes subsection (1) of this section shall be liable, on summary conviction, to a fine not exceeding [F58 level 3 on the standard scale].

(4) In this section “harbour authority” has the same meaning as in [F59 section 8 of the M21 Prevention of Oil Pollution Act 1971].

Textual Amendments

F57 Words substituted by virtue of S.I. 1970/1537, Sch. 2 para. 6

F58 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

F59 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17 (2)(a)

Marginal Citations

M21 1971 c. 60.

40 Avoidance of interference with telegraphic, &c., lines. E+W+S

(1) Electrical apparatus forming part of a pipe-line shall be so constructed, installed and used as to prevent interference with any [F60 telecommunication apparatus kept installed for the purposes of a telecommunications code system or with the service provided by any such system]or with any apparatus used by railway undertakers for the purpose of signalling, or of controlling, directing or securing the safety of, traffic on their railway or the proper functioning of such apparatus.

[F61 (2) Paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply, for the purposes of works in pursuance of a compulsory rights order, to the person authorised to execute those works.]

Textual Amendments

F60 Words substituted by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 4 para. 41(a), Sch. 5 para. 45

F61 S. 40(2) substituted for subsections (2) and (3) by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 4 para. 41(b), Sch. 5 para. 45

41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F62 E+W+S

Textual Amendments

F62 S. 41 repealed by General Rate Act 1967(c. 9), s. 117(11), Sch. 14

Supplementary Provisions E+W+S

[F63 42 Inspectors. E+W+S

(1) The Secretary of State may appoint as inspectors to assist him in the execution of the provisions of this Act, other than provisions which are mentioned in Schedule 1 to the M22 Health and Safety at Work etc. Act 1974, such number of persons appearing to him to be qualified for the purpose as he may from time to time consider necessary or expedient and may make to or in respect of any person so appointed such payments, by way of remuneration or allowances or otherwise, as the Secretary of State may, with the approval of the Minister for the Civil Service, determine.

(2) An inspector so appointed may for that purpose exercise such of the powers set out in section 20(2) of the M23 Health and Safety at Work etc. Act 1974 as are specified in his instrument of appointment (subject to production thereof, if so requested) and the provisions of sections 28 (restrictions on disclosure of information), 33 (offences) and 39 (prosecutions by inspectors) of that Act shall apply in the case of inspectors so appointed as they apply in the case of inspectors appointed under section 19 of that Act.]

Textual Amendments

F63 S. 42 substituted by S.I. 1974/1986, Sch. 2 para. 3

Modifications etc. (not altering text)

C45 S. 42 extended by Gas Act 1972 (c. 60), s. 39(2)

C46 S. 42 amended by S.I. 1990/1380, art. 3, 4

S. 42 saved by virtue of Health and Safety at Work Act 1974 (c. 37, SIF 43:3), s. 53, Sch. 1 and Tay Road Bridge Order Confirmation Act 1991 (c. iv), Sch. Pt. VII S. 62

C47 S. 42 saved by virtue of Health and Safety at Work etc Act 1974 (c. 37, SIF 43:3), s. 53, Sch. 1 and Highland Regional Council (Harbours) Order Confirmation Act 1991 (c. xii), s. 61(1)(f)

Marginal Citations

M22 1974 c. 37.

M23 1974 c. 37.

43 Preservation of amenity. E+W+S

Where—

(a) a person is formulating proposals for the execution of pipe-line works, or

(b) the Minister is considering any such proposals, whether in relation to the grant of a pipe-line construction or diversion authorisation or the imposition of conditions under section five of this Act,

that person or the Minister, as the case may be, having regard to the desirability of preserving natural beauty, of conserving flora, fauna and geological or physiographic features of special interest, and of protecting buildings and other objects of architectural or historic interest, shall take into account any effect which the proposals would have on the natural beauty of the countryside or on any such flora, fauna, features, buildings or objects, and in so doing shall have particular regard to the desirability of ensuring that things constructed in the course of the execution of the proposed works are kept below ground so far as that is practicable.

44 Protection of water against pollution. E+W+S

The Minister, in order to determine whether to exercise any of his powers under this Act and in what manner should be exercised any of those powers which he has determined to exercise, shall have constant regard to the need of protecting against pollution any water, whether on the surface or underground, which belongs to any statutory water undertakers or local water authority or which they are for the time being authorised to take.

Modifications etc. (not altering text)

C48 S. 44: certain functions exercisable (S.) (30.6.1999) by S.I. 1999/1756, arts. 1, 2, Sch. para. 1 (with art. 8)

C49 S. 44: transfer of certain functions (S.) (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)

45 Obligation to restore agricultural land. E+W+S

(1) A person executing pipe-line works in agricultural land shall be under obligation to secure, so far as is practicable, that upon the completion of the works the land is so restored as to be fit for use for the purpose for which it was used immediately before the execution of the works was begun.

(2) If a person executing pipe-line works in agricultural land fails to satisfy an obligation to which he is subject by virtue of the foregoing subsection, a person entitled to an interest in the land may, subject to the next following subsection, if he himself so restores the land as aforesaid, recover, in any court of competent jurisdiction, the expenses reasonably incurred by him in so doing from the first-mentioned person.

(3) The right conferred by the last foregoing subsection on a person entitled to an interest in land in the case of any such failure as aforesaid shall be alternative to any right to compensation under any other of the foregoing provisions of this Act in respect of loss suffered by that person by reason of damage to that land in consequence of that failure.

46 Penalties for uttering false documents and giving false information. E+W+S

A person who—

(a) sends to the Minister an application for the grant of a pipe-line construction or diversion authorisation or the making of a compulsory purchase or rights order or a notice for the purposes of subsection (1) of section two of this Act or paragraph (b) of subsection (1) of section three thereof, being an application or notice which he knows to be false in a material particular, or recklessly sends to the Minister such an application which is so false or such a notice which is so false; or

(b) in purported compliance with section . . . F64 , thirty-six or thirty-eight of this Act gives a notice which he knows to be false in a material particular or recklessly gives notice which is so false; or

(c) in purported compliance with paragraph (b) of subsection (1) of section eight of this Act, subsection (1), (2) or (3) of section thirty-five thereof or subsection (2) of section thirty-seven thereof sends, deposits or furnishes a document which he knows to be false in a material particular or gives any information which he knows to be so false or recklessly sends, deposits or furnishes a document which is so false or recklessly gives any information which is so false;

shall be guilty of an offence and shall be liable—

(i) on summary conviction, to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding three months, or to both such fine and such imprisonment;

(ii) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both a fine and such imprisonment.

Textual Amendments

F64 Words repealed by S.I. 1974/1986, Sch. 7

47 Provisions as to inquiries and hearings. E+W+S

(1) Subsections (2) to (5) of [F65 section 250 of the M24 Local Government Act 1972] (which provides for the holding of inquiries for the purposes of that Act), shall apply to a public inquiry caused by the Minister to be held in England or Wales under any provision of this Act . . . F66 as they apply to an inquiry held under the said [F65 section 250], subject to the following modifications, namely,—

(a) for references to a department, there shall be substituted references to the Minister;

(b) subsection (4) shall have effect as if references therein to the payment of costs by a local authority not being a party to the inquiry had been omitted;

and subsections (4) and (5) of the said [F65 section 250] shall, with the like modifications, apply in relation to any hearing caused by the Minister to take place in England or Wales in pursuance of any provision of this Act (otherwise than by way of public inquiry . . . F66 ) as if the hearing were a public inquiry caused by the Minister to be held as aforesaid.

(2) Subsections (2) to (9) of [F67 section 210 of the M25 Local Government (Scotland) Act 1973] (which relates to local inquiries), shall apply to a public inquiry caused by the Minister to be held in Scotland under any provision of this Act . . . F66 as they apply to a public inquiry held under the said [F67 section 210], subject to the following modification, namely, that [F67 subsection (7)] shall have effect as if references therein to the payment of expenses by a local authority not being a party to the inquiry had been omitted; and [F67 subsections (7) and (8) of the said section 210] shall, with (in the case of [F67 subsection (7)]) the like modification, apply in relation to any hearing caused by the Minister to take place in Scotland in pursuance of any provision of this Act (otherwise than by way of public inquiry . . . F66 ) as if the hearing were a public inquiry caused by the Minister to be held as aforesaid.

(3) It shall not be open to a person to impugn the validity of a pipe-line construction or diversion authorisation on the ground that an inquiry or hearing under the First Schedule to this Act with respect to . . . F68 the application for the grant of the authorisation was combined with an inquiry or hearing under the Second Schedule to this Act with respect to . . . F68 an application made, by the applicant for the grant of the authorisation, for a compulsory purchase order or compulsory rights order, or to impugn the validity of a compulsory purchase order or compulsory rights order on the ground that an inquiry or hearing under the Second Schedule to this Act with respect to . . . F68 the application for the order was combined with an inquiry or hearing under the First Schedule to this Act with respect to . . . F68 an application made, by the applicant for the order, for the grant of a pipe-line construction or diversion authorisation.

Textual Amendments

F65 Words substituted by virtue of Local Government Act 1972 (c. 70), s. 272(2)

F66 Words repealed by S.I. 1974/1986, Sch. 7

F67 Words substituted by virtue of Local Government (Scotland) Act 1973 (c. 65), s. 237(2)

F68 Words repealed by Petroleum Act 1987 (c. 12, SIF 86), s. 30, Sch. 3

Modifications etc. (not altering text)

C50 S. 47(1)(3) applied (1.6.1995) by S.I. 1995/1239, rule 3(2)

Marginal Citations

M24 1972 c. 70.

M25 1973 c. 65.

48 Determination by Lands Tribunal of questions as to compensation. E+W+S

Any question with regard to a person’s entitlement to compensation under the foregoing provisions of this Act or the amount of compensation to which a person is entitled under those provisions shall, in default of agreement, be determined by the Lands Tribunal.

49 Service of documents. E+W+S

(1) Any document required or authorised by this Act to be given to or served on any person may be given or served either by delivering it to that person, or by leaving it at his proper address, or by the recorded delivery service.

(2) Any such document required or authorised to be given to or served on an authority or body being a corporation shall be duly given or served if it is given to or served on the secretary or clerk of the authority or body.

(3) For the purposes of this section and of [F69 section 7 of the M26 Interpretation Act 1978], in its application to this section the proper address of any person to or on whom any such document as aforesaid is to be given or served shall, in the case of the secretary or clerk of a corporation, be that of the registered or principal office of the corporation, and in any other case be the last-known address of the person to be served:

Provided that, where the person to or on whom the document is to be given or served has, in accordance with arrangements agreed [F70 or in accordance with regulations made by virtue of the M27 Petroleum and Submarine Pipe-lines Act 1975] furnished an address for the giving or service of the document, being an address in the United Kingdom, his proper address for the purposes aforesaid shall be the address furnished.

(4) If the name or the address of any owner, lessee or occupier of land to or on whom any such document as aforesaid is to be given or served cannot after reasonable inquiry be ascertained by the authority, body or person seeking to give or serve the document, the document may be given or served by addressing it to the person to or on whom it is to be given or served by the description of “owner”, “lessee” or “occupier” of the land (describing it) to which the document relates, and by delivering it to some responsible person resident or appearing to be resident on the premises, or, if there is no such person to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises.

Textual Amendments

F69 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)

F70 Words inserted by Petroleum Submarine Pipe-lines Act 1975 (c. 74), s. 48(2)

Modifications etc. (not altering text)

C51 S. 49(1)–(3) extended by Petroleum and Submarine Pipe-lines Act 1975 (c. 74), s. 48(2)

S. 49(1)-(3) modified (15.2.1999) by 1998 c. 17, ss. 28(4), (with Sch. 3 para. 5(1)); S.I. 1999/161, art. 2(1)

S. 49(1)-(3) extended (N.I.) (15.2.1999) by 1998 c. 17, ss. 28(5), (with Sch. 3 para. 5(1)); S.I. 1999/161, art. 2

Marginal Citations

M26 1978 c. 30.

M27 1975 c. 74.

50 Provisions as to requirements and prohibitions imposed under this Act. E+W+S

Any power, exercisable by notice, conferred by this Act on the Minister to impose a requirement or prohibition shall be construed as including a power, exercisable in the like manner, to vary or revoke the requirement or prohibition.

51 Provisions as to ecclesiastical property. E+W+S

(1) Where under this Act a document is required to be served on an owner of land, and the land is ecclesiastical property, a copy of the document shall be served on the Church Commissioners, and where under this Act the seeking of consultation with an owner of land is requisite, and the land is ecclesiastical property, the seeking of consultation with the Church Commissioners shall be requisite also.

(2) Where the fee simple in any ecclesiastical property is in abeyance, it shall be treated for the purposes of an application for a compulsory purchase or rights order in which the property is proposed to be comprised, and of a compulsory purchase of the property in pursuance of a compulsory purchase order, as being vested in the Church Commissioners, and (in the case of a compulsory purchase) any notice to treat shall be served accordingly.

(3) Any compensation falling to be paid under the foregoing provisions of this Act in respect of damage to land that is ecclesiastical property shall, to the extent to which it is payable to the owner of the fee simple in the land, be paid (where the fee simple is vested in any person other than the Church Commissioners) to them, instead of to that person, and any compensation falling to be paid under those provisions in respect of the depreciation of the fee simple in land that is ecclesiastical property shall (where the fee simple is vested in a person other than the Church Commissioners) be paid to them instead of to the person in whom the fee simple is vested.

(4) Any sums agreed upon or awarded for the purchase, in pursuance of a compulsory purchase order, of the fee simple in land that is ecclesiastical property, or to be paid by way of compensation for damage sustained by reason of severance or injury affecting such land (being severance or injury arising from the purchase of land in pursuance of such an order), shall, instead of being paid as provided by the Lands Clauses Acts, be paid to the Church Commissioners.

(5) Any sums paid under either of the two last foregoing subsections to the Church Commissioners with reference to any land shall, if the land is not consecrated, be applied by them for the purposes for which the proceeds of a sale by agreement of the fee simple in the land would be applicable under any enactment or Measure authorising such a sale or disposing of the proceeds of such a sale, and if the land is consecrated, be applied by them in such manner as they may determine.

(6) In this section the expression “ecclesiastical property” means land belonging to an ecclesiastical benefice of the Church of England, or being or forming part of a church subject to the jurisdiction of the bishop of any diocese of the Church of England or the site of a church so subject, or being or forming part of a burial ground so subject.

52 Reckoning of periods. E+W+S

For the purposes of this Act in reckoning any period which is therein expressed to be a period before or from a given date, that date shall be excluded.

53 Regulations. E+W+S

(1) The Minister may make regulations for any purpose for which provision is by this Act authorised to be made by regulations and for prescribing anything which by this Act is required or authorised to be prescribed.

(2) The power conferred by the foregoing subsection shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

54 Offences by corporations. E+W+S

(1) Where a body corporate is guilty of an offence under any of the provisions of this Act and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(2) In this section, the expression “director”, in relation to a body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate.

55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F71 E+W+S

Textual Amendments

F71 S. 55 repealed by Statutory Orders (Special Procedure) Act 1965 (c. 43), Sch.

56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F72 E+W+S

Textual Amendments

F72 S. 56 repealed by Customs and Excise Management Act 1979 (c. 2), Sch. 6 Pt. I

57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F73 E+W+S

Textual Amendments

F73 S. 57 repealed by Mines (Working Facilities and Support) Act 1966 (c. 4), s. 15(1), Sch. 1

Exclusion of certain Pipe-lines and Works from Scope of Act E+W+S

58 Exclusion of application of Act to, and in relation to, pipe-lines of certain statutory bodies. E+W+S

(1) The bodies to which this section applies are—

[F74 (a) a public gas supplier within the meaning of Part I of the Gas Act 1986;];

(c)—(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F75

(f) the United Kingdom Atomic Energy Authority.

(2) Sections one and two of this Act shall not apply to works executed by a body to which this section applies.

(3) The following provisions of this Act shall not apply to a body to which this section applies, namely, sections eleven, twelve and fifteen, subsection (1) of section seventeen, and sections twenty, twenty-three, twenty-five, thirty-nine, and forty-five.

(4) In the following provisions of this Act, namely, subsection (2) of section seventeen . . . F76 , section twenty-six, [F77 section 26A] subsection (1) of section twenty-seven, subsection (1) of section thirty-one, subsection (1) of section thirty-three, subsection (1) of section thirty-six, and sections thirty-seven, thirty-eight, forty . . . F76 , references to a pipe-line shall be construed as not including references to a pipe-line vested in a body to which this section applies.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F78

Textual Amendments

F74 S. 58(1)(a) substituted by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1), Sch. 7 para. 5(1)

F75 S. 58(1)(c)–(e) repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(4), Sch. 17 para. 35(1), Sch. 18

F76 Words repealed by S.I. 1974/1986, Sch. 7

F77 Words inserted by Petroleum Act 1987 (c. 12, SIF 86), s. 26(2)

F78 Ss. 58(5), 59(6) repealed by S.I. 1974/1986, Sch. 1

Modifications etc. (not altering text)

C52 S. 58(4) excluded by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1), Sch. 7 para. 5(2)

Valid from 01/03/1996

[F79 58A Avoidance of damage by buildings etc to pipe-lines of a public gas transporter. E+W+S

(1) Notwithstanding subsection (4) of section 58 of this Act, but subject to subsection (2) of this section, the references to a pipe-line in sections 27(1) and 31(1) of this Act (protection of pipe-lines imperilled by buildings, structures or deposits) shall include references to any pipe-line operated by a public gas transporter other than one laid in a street or a service pipe.

(2) The application by virtue of subsection (1) of this section of sections 27(1) and 31(1) of this Act to a particular part of any pipe-line shall be dependent upon there having been previously deposited with every local authority in whose area the part lies by the public gas transporter a map (drawn to an appropriate scale) showing the route taken by the part.

(3) A local authority holding a map relating to a pipe-line operated by a public gas transporter shall keep the map at their offices, and shall secure that it is open to inspection by any person at all reasonable times free of charge.

(4) In this section—

• “local authority” means—

  (a)

  in England, the council of a county, district or London borough, and the Common Council of the City of London;

  (b)

  in Wales, the council of a county or county borough; and

  (c)

  in Scotland, a council constituted under section 2 of the M28 Local Government etc. (Scotland) Act 1994;

• “public gas transporter” and “service pipe” have the same meanings as in Part I of the M29 Gas Act 1986;

• “street” has the same meaning as in Part III of the M30 New Roads and Street Works Act 1991.

(5) In relation to any time before 1st April 1996, the definition of “local authority” in subsection (4) of this section shall have effect as if—

(a) in paragraph (b), for the words “county borough” there were substituted the word “district”; and

(b) in paragraph (c), for the words “a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994” there were substituted the words “an islands or district council”.

(6) In its application to Scotland this paragraph shall have effect with the substitution for any reference to a street of a reference to a road within the meaning of Part IV of the New Roads and Street Works Act 1991.]

Textual Amendments

F79 Ss. 58A, 58B inserted (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 6(2); S.I. 1996/218, art. 2

Marginal Citations

M28 1994 c.39.

M29 1986 c.44.

M30 1991 c.22.

Valid from 01/03/1996

58B F80 Exclusion of application of Act to construction of small pipes. E+W+S

(1) In relation to the construction, by any person other than a public gas transporter, of a pipe to which this section applies—

(a) references in sections 1 to 14 of this Act to a pipe-line shall be construed as not including references to such a pipe; and

(b) references in those sections to pipe-line works shall be construed as not including references to works executed in connection with the construction of a such a pipe.

(2) This section applies to any pipe—

(a) by which any premises are proposed to be connected to a distribution main of a public gas transporter; and

(b) by which gas is proposed to be conveyed to premises at a rate which is not expected to exceed 75,000 therms in any period of twelve months.

(3) The Secretary of State may, after consulting the Director General of Gas Supply, by order amend subsection (2) above by substituting—

(a) where the limit is for the time being expressed by reference to a number of therms—

(i) such lower number of therms as he considers appropriate; or

(ii) such lower limit, expressed by reference to a number of kilowatt hours, as he considers appropriate; or

(b) where the limit is for the time being expressed by reference to a number of kilowatt hours, such lower number of kilowatt hours as he considers appropriate.

(4) An order under subsection (3) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) In this section “distribution main” and “public gas transporter” have the same meanings as in Part I of the M31 Gas Act 1986.

(6) In relation to any time after 31st December 1999, the reference in subsection (2) above to 75,000 therms shall be construed as a reference to 2,196,000 kilowatt hours.

(7) This section is without prejudice to anything in section 58 of this Act.

Textual Amendments

F80 Ss. 58A, 58B inserted (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 6(2); S.I, 1996/218, art. 2

Marginal Citations

M31 1986 c.44.

59 Exclusion of application of Act to, and in relation to, certain pipe-lines of railway undertakers, &c. E+W+S

(1) Section one and two of this Act shall not apply to works executed by railway undertakers for the purposes of their business other than the operation of pipe-lines.

(2) Sections eleven and twelve of this Act shall not have effect for the purpose of authorising railway undertakers to purchase land for the placing therein of a pipe-line to be constructed for the purposes aforesaid or a length of pipe-line to be so constructed or to place in land a pipe-line to be so constructed or a length of a pipe-line to be so constructed.

(3) Section fifteen of this Act shall not operate to empower railway undertakers to place in a street a pipe-line constructed for the purposes aforesaid.

(4) In subsection (1) of section twenty of this Act the reference to works in land for the construction of a pipe-line shall be construed as not including a reference to works for the construction of a pipe-line by railway undertakers for the purposes aforesaid.

(5) In the following provisions of this Act, namely, section twenty-three, . . . F81 sections twenty-five and twenty-six, [F82 section 26A] subsection (1) of section twenty-seven, subsection (1) of section thirty-one, subsection (1) of section thirty-three, subsection (1) of section thirty-six and sections thirty-seven, thirty-eight, forty . . . F81 , references to a pipe-line shall be construed as not including a pipe-line vested in railway undertakers for the purposes aforesaid.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F83

Textual Amendments

F81 Words repealed by S.I. 1974/1986, Sch. 7

F82 Words inserted by Petroleum Act 1987 (c. 12, SIF 86), s. 26(2)

F83 Ss. 58(5), 59(6) repealed by S.I. 1974/1986, Sch. 1

60 Exclusion of application of Act to, and in relation to pipe-lines in factories, mine or quarry premises or petroleum depots. E+W+S

(1) References in sections one to forty . . . F84 of this Act to a pipe-line shall be construed as not including references to a pipe-line forming part of the equipment of, and situate wholly within, a factory, to a pipe-line forming part of the equipment of, and situate wholly within premises comprised in, a mine or quarry, or to a pipe-line forming part of the equipment of, and situate wholly within, a petroleum depot, . . . F84

(2) References in the said sections one to forty of this Act to a pipe-line shall be construed as not including references—

(a) to so much of a pipe-line forming part of the equipment of, and situate partly within and partly outside a factory, as is situate within the factory.

(b) to so much of a pipe-line forming part of the equipment of, and situate partly within and partly outside premises comprised in, a mine or quarry, as is situate within those premises, or

(c) to so much of a pipe-line forming part of the equipment of, and situate partly within and partly outside, a petroleum depot, as is situate within the depot;

F84 and in computing for the purposes of this Act the length of a pipe-line that is or will be one to which the foregoing provisions of this subsection apply there shall be disregarded so much of the line as is or will be situate within, as the case may be, the factory of whose equipment it forms or will form part, the premises comprised in the mine or quarry of whose equipment it forms or will form part or the petroleum depot of whose equipment it forms or will form part.

(3) In this section—

(a) “factory” has the same meaning as in the M32 Factories Act 1961;

(b) “mine” and “quarry” have the same meanings as in the M33 Mines and Quarries Act 1954;

(c) “petroleum depot” means premises used or appropriated for use wholly or mainly for the storage of petroleum spirit and includes a petroleum filling station, and “petroleum filling station” and “petroleum spirit” have the meanings assigned to these expressions respectively by section twenty-three of the M34 Petroleum (Consolidation) Act 1928.

Textual Amendments

F84 Words repealed by S.I. 1974/1986, Sch. 7

Marginal Citations

M32 1961 c. 34.

M33 1954 c. 70.

M34 1928 c. 32.

61 Exclusion of application of Act to, and in relation to, dock, &c., pipe-lines. E+W+S

References in sections one to forty . . . F85 of this Act to a pipe-line and to pipe-line works shall be construed as respectively not including references to a pipe-line wholly situate in premises to which certain provisions of the M35 Factories Act 1961, apply by virtue of subsection (1) of section one hundred and twenty-five (docks, &c.) of that Act, and to pipe-line works executed in connection with a pipe-line that is or will be wholly so situate.

Textual Amendments

F85 Words repealed by S.I. 1974/1986, Sch. 7

Marginal Citations

M35 1961 c. 34.

62

References in sections twenty-seven and thirty-one of this Act to a pipe-line shall be construed as not including references to a pipe-line that is a government oil pipe-line within the meaning of the M36 Requisitioned Land and War Works Act 1948, or to a pipe-line that was laid under a wayleave order made under section fourteen of the M37 Land Powers (Defence) Act 1958.

Marginal Citations

M36 1948 c. 17.

M37 1958 c. 30.

63 Exclusion of application of certain provisions of Act to pipe-lines whose construction has been begun or authorised by Act. E+W+S

(1) Sections one and two of this Act shall not apply to works the execution of which has been begun before the date on which those sections come into operation or to works the execution of which has been authorised by an Act passed before that date.

(2) References in sections fifteen, seventeen, twenty-seven and thirty-one of this Act to a pipe-line shall be construed as not including references to a pipe-line for the construction of which the execution of works has been authorised as aforesaid.

64 Power of Minister to exclude application of sections 1 and 2 in relation to certain pipe-lines in particular localities. E+W+S

The Minister, on an application in that behalf being made to him, and after causing if he thinks fit a public inquiry to be held, may by order (made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament) direct that sections one and two of this Act shall not apply to works executed for the construction of a pipe-line designed for the conveyance of a thing of a particular kind specified in the order or things of a class so specified, being a pipe-line wholly situate within such area as may be specified in, or described by, the order.

Interpretation E+W+S

65 Meaning of “pipe-line”. E+W+S

(1) In this Act “pipe-line” (except where the context otherwise requires) means a pipe (together with any apparatus and works associated therewith), or system of pipes (together with any apparatus and works associated therewith), 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 M38 Factories Act 1961, apply by virtue of subsection (1) of section one hundred and twenty-seven (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.

(2) For the purposes of the foregoing subsection, the following apparatus and works, and none 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 the pipe or, as the case may be, through the system or any part thereof;

(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 as is mentioned in paragraph (a) of this subsection or of any such works as are mentioned in paragraph (b) thereof;

(d) apparatus for the transmission of information for the operation of the pipe or system;

(e) apparatus for affording cathodic protection to the pipe or system;

(f) a structure for the exclusive support of a part of the line or system.

Modifications etc. (not altering text)

C53 S. 65(2) applied by Gas Act 1986 (c. 44, SIF 44:2), s. 21(4)

Marginal Citations

M38 1961 c. 34.

66 General interpretation provisions. E+W

(1) In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say:—

• “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, and “agricultural” shall be construed accordingly;

• “agricultural unit” means land which is occupied as a unit for agricultural purposes;

• . . . F86

• “carriageway” has the meaning assigned to it by [F87 section 329(1) of the Highways Act 1980];

• “compulsory purchase order” has the meaning assigned to it by subsection (1) of section eleven of this Act;

• “compulsory rights order” has the meaning assigned to it by subsection (1) of section twelve of this Act;

• “construction”, in relation to a pipe-line, includes placing, and “construct” and “constructed” shall, in relation to a pipe-line, be construed accordingly;

• “cross-country pipe-line” means a pipe-line whose length exceeds, or is intended to exceed, ten miles;

• “emergency works” means works whose execution at the time when they are executed is requisite in order to put an end to, or to prevent the arising of, circumstances then existing or imminent which are calculated to cause danger to persons or property, interruption of the conveyance by a pipe-line of any thing or a service afforded by undertakers (within the meaning of the M39 Public Utilities Street Works Act 1950), or substantial loss to the owner of a pipe-line or to such undertakers;

• “in”, in a context referring to a pipe-line or a length thereof or works or operations in land or a street, includes a reference to a pipe-line, length, works or operations under, over, across, along or upon it;

• . . . F88

• “land” includes land covered by water and in Scotland includes salmon fishings;

• “local pipe-line” means a pipe-line other than a cross-country one;

• “local water authority” means a local water authority within the meaning of the M40 Water (Scotland) Act 1946;

• “the Minister” means [F89 the Secretary of State];

• “notice” means a notice in writing;

• “owner”—

  (a)

  in relation to any land other than land in Scotland, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion, and includes also a person holding or entitled to the rents and profits of the land under a lease or agreement the unexpired term of which exceeds three years;

  (b)

  in relation to land in Scotland, includes any person who, under the Lands Clauses Acts, would be enabled to sell and convey the land to the promoters of an undertaking and a tenant of the land under a lease the unexpired term of which exceeds three years;

  (c)

  in relation to a pipe-line, means the person in whom the pipe-line is vested;

  (d)

  in relation to a structure, means a person who, in relation to land being the site of the structure, is an owner thereof by virtue of paragraph (a) or (b) of this definition;

• “pipe-line construction authorisation” has the meaning assigned to it by subsection (1) of section one of this Act;

• “pipe-line diversion authorisation” has the meaning assigned to it by paragraph (a) of subsection (1) of section three of this Act;

• “pipe-line works” means works of any of the following kinds, that is to say,—

  (a)

  placing a pipe-line or a length of pipe-line;

  inspecting, maintaining, adjusting, repairing, altering or renewing a pipe-line or a length of pipe-line;

  changing the position of a pipe-line or a length of pipe-line or removing a pipe-line or a length of pipe-line;

  (b)

  breaking up or opening land for the purposes of works mentioned in the foregoing paragraph and tunnelling or boring for those purposes and other works requisite for or incidental to those purposes;

• “prescribed” means prescribed by regulations made under this Act;

• “railway undertakers” means any persons authorised by an enactment or provision of an order or scheme made under or confirmed by an Act to construct, work or carry on a railway;

• [F90 “river works consent” means a consent given under section 109 of the Water Resources Act 1991;]

• “statutory undertakers” means any person authorised by any Act (whether public general or local) or by any order or scheme made under or confirmed by an Act to construct, work or carry on a railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking or any undertaking for the supply of . . . F91 , . . . F92 , [F93 or hydraulic power];

• [F94 “statutory water undertakers” means the National Rivers Authority or a water undertaker;]

• “street works consent” means a consent given under section fifteen of this Act.

(2) For the purposes of this Act the length of a pipe-line shall be taken to be the total length of pipe comprised in it; but where, in a system of pipes, a number of adjacent parallel lengths of pipe serve the same purpose as would be served by a single pipe of a diameter greater than that of any of those lengths, that number shall be taken to constitute a single pipe.

(3) For the purposes of this Act the execution of works in land for the purpose of determining whether or not it is suitable for the placing in it of a pipe-line and the carrying out of surveying operations for the purpose of settling the route of a proposed pipe-line shall be deemed not to constitute the execution of works for the construction of a pipe-line.

(4) Any reference in this Act to any other enactment shall be construed as a reference to that enactment as amended by any other Act.

Textual Amendments

F86 Definition of “appropriate Minister” repealed by S.I. 1970/1681, Sch. 4 : expression explained by ibid., Sch. 3 para. 21(a)

F87 Words substituted by Highways Act 1980 (c. 66, SIF 59), s. 343(2), Sch. 24 para. 10(c)

F88 Definition repealed by S.I. 1974/1986, Sch. 1

F89 Words substituted by virtue of S.I. 1969/1498, arts. 2(1), 5(6) and 1970/1537, arts. 2(2), 7(4)

F90 Definition in s. 66(1) substituted (E.W.) (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60), ss. 2(1), 4(2), Sch. 1 para. 12

F91 Word repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(4), Sch. 17 para. 35(1), Sch. 18

F92 Word repealed by Gas Act 1986 (c. 44, SIF 44:2), s. 67(4), Sch. 9 Pt. I

F93 Words in s. 66(1) substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 30(2)(a), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F94 Definition in s. 66(1) substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 30(2)(b), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

Marginal Citations

M39 1950 c. 39.

M40 1946 c. 42.

66 General interpretation provisions. S

(1) In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say:—

• “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, and “agricultural” shall be construed accordingly;

• “agricultural unit” means land which is occupied as a unit for agricultural purposes;

• . . . F96

• F97 . . .

• “compulsory purchase order” has the meaning assigned to it by subsection (1) of section eleven of this Act;

• “compulsory rights order” has the meaning assigned to it by subsection (1) of section twelve of this Act;

• “construction”, in relation to a pipe-line, includes placing, and “construct” and “constructed” shall, in relation to a pipe-line, be construed accordingly;

• “cross-country pipe-line” means a pipe-line whose length exceeds, or is intended to exceed, ten miles;

• “emergency works” means works whose execution at the time when they are executed is requisite in order to put an end to, or to prevent the arising of, circumstances then existing or imminent which are calculated to cause danger to persons or property, interruption of the conveyance by a pipe-line of any thing or a service afforded by undertakers (within the meaning of the M44 Public Utilities Street Works Act 1950), or substantial loss to the owner of a pipe-line or to such undertakers;

• “in”, in a context referring to a pipe-line or a length thereof or works or operations in land or a street, includes a reference to a pipe-line, length, works or operations under, over, across, along or upon it;

• . . . F98

• “land” includes land covered by water and in Scotland includes salmon fishings;

• “local pipe-line” means a pipe-line other than a cross-country one;

• “local water authority” means a local water authority within the meaning of the M45 Water (Scotland) Act 1946;

• “the Minister” means [F99 the Secretary of State];

• “notice” means a notice in writing;

• “owner”—

  (a)

  in relation to any land other than land in Scotland, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion, and includes also a person holding or entitled to the rents and profits of the land under a lease or agreement the unexpired term of which exceeds three years;

  (b)

  in relation to land in Scotland, includes any person who, under the Lands Clauses Acts, would be enabled to sell and convey the land to the promoters of an undertaking and a tenant of the land under a lease the unexpired term of which exceeds three years;

  (c)

  in relation to a pipe-line, means the person in whom the pipe-line is vested;

  (d)

  in relation to a structure, means a person who, in relation to land being the site of the structure, is an owner thereof by virtue of paragraph (a) or (b) of this definition;

• “pipe-line construction authorisation” has the meaning assigned to it by subsection (1) of section one of this Act;

• “pipe-line diversion authorisation” has the meaning assigned to it by paragraph (a) of subsection (1) of section three of this Act;

• “pipe-line works” means works of any of the following kinds, that is to say,—

  (a)

  placing a pipe-line or a length of pipe-line;

  inspecting, maintaining, adjusting, repairing, altering or renewing a pipe-line or a length of pipe-line;

  changing the position of a pipe-line or a length of pipe-line or removing a pipe-line or a length of pipe-line;

  (b)

  breaking up or opening land for the purposes of works mentioned in the foregoing paragraph and tunnelling or boring for those purposes and other works requisite for or incidental to those purposes;

• “prescribed” means prescribed by regulations made under this Act;

• “railway undertakers” means any persons authorised by an enactment or provision of an order or scheme made under or confirmed by an Act to construct, work or carry on a railway;

• “river works consent” means a consent given under [F100 section 29 of the M46 Land Drainage Act 1976];

• “statutory undertakers” means any person authorised by any Act (whether public general or local) or by any order or scheme made under or confirmed by an Act to construct, work or carry on a railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking or any undertaking for the supply of . . . F101 , . . . F102 , hydraulic power or water;

• “statutory water undertakers” has the same meaning as it has for the purposes of the provisions of the Water Act 1945, other than Part II of that Act;

• “street works consent” means a consent given under section fifteen of this Act.

(2) For the purposes of this Act the length of a pipe-line shall be taken to be the total length of pipe comprised in it; but where, in a system of pipes, a number of adjacent parallel lengths of pipe serve the same purpose as would be served by a single pipe of a diameter greater than that of any of those lengths, that number shall be taken to constitute a single pipe.

(3) For the purposes of this Act the execution of works in land for the purpose of determining whether or not it is suitable for the placing in it of a pipe-line and the carrying out of surveying operations for the purpose of settling the route of a proposed pipe-line shall be deemed not to constitute the execution of works for the construction of a pipe-line.

(4) Any reference in this Act to any other enactment shall be construed as a reference to that enactment as amended by any other Act.

Textual Amendments

F96 Definition of “appropriate Minister” repealed by S.I. 1970/1681, Sch. 4 : expression explained by ibid., Sch. 3 para. 21(a)

F97 Definition repealed (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11

F98 Definition repealed by S.I. 1974/1986, Sch. 1

F99 Words substituted by virtue of S.I. 1969/1498, arts. 2(1), 5(6) and 1970/1537, arts. 2(2), 7(4)

F100 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17 (2)(a)

F101 Word repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(4), Sch. 17 para. 35(1), Sch. 18

F102 Word repealed by Gas Act 1986 (c. 44), s. 67(4), Sch. 9 Pt. I.

Marginal Citations

M44 1950 c. 39

M45 1946 c. 42.

M46 1976 c. 70.

General Application to Scotland E+W+S

67 General application to Scotland. E+W+S

(1) The provisions of this section shall, in addition to any express provision for the application to Scotland of any provision of this Act, have effect for the general application of this Act to Scotland.

(2) For any reference in this Act to chattels there shall be substituted a reference to corporeal moveables.

(3) As soon as may be after a compulsory rights order has become operative under the M41 Statutory Orders (Special Procedure) Act 1945, it shall be recorded by the Minister in the Register of Sasines; and any order varying or revoking a compulsory rights order in whole or in part shall be so recorded.

(4) For the purposes of sections twenty-seven to twenty-nine of this Act, a tenant, crofter, small landholder or statutory small tenant shall be deemed to be an owner of any building or structure on his holding or croft if he would, on the termination of his tenancy, be entitled to compensation under the M42 Agricultural Holdings (Scotland) Act 1949, the Crofters (Scotland) Acts 1955 and 1961, or the Small Landholders (Scotland) Acts 1886 to 1931, as the case may be, for such building or structure as an improvement; and any proceedings under subsection (5) of section twenty-eight, or subsection (2) of section twenty-nine, of this Act which relate to any such building or structure shall be brought in the Scottish Land Court and not before the sheriff.

(5) For any reference in this Act to the Lands Tribunal there shall be substituted a reference to the Lands Tribunal for Scotland:

Provided that until sections one to three of the Lands Tribunal Act, 1949, come into force as regards Scotland, this subsection shall have effect as if for the reference to the Lands Tribunal for Scotland there were substituted a reference to an official arbiter appointed under the Acquisition of Land (Assessment of Compensation) Act, 1919; and sections three, five and six of that Act shall apply, subject to any necessary modifications, in relation to the determination of any question under this Act by an arbiter so appointed.

Modifications etc. (not altering text)

C54 The text of the last part of s. 5(3), s. 15(11)(c) and the proviso to s. 67(5) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M41 1945 c. 18 (9 & 10 Geo. 6)

M42 1949 c. 75.

Expenses, Saving, Short Title, &c. E+W+S

68 Expenses and receipts. E+W+S

(1) There shall be defrayed out of moneys provided by Parliament—

(a) any increase attributable to this Act in the expenses of the Minister which, by virtue of subsection (3) of section three of the M43 Ministry of Fuel and Power Act 1945, are defrayed out of such moneys;

(b) any increase attributable to this Act in the sums payable out of moneys so provided by way of Rate Deficiency Grant or Exchequer Equalisation Grant under the enactments relating to local government in England and Wales or in Scotland.

(2) Any sums received under this Act by a Minister of the Crown . . . F95 shall be paid into the Exchequer.

Textual Amendments

F95 Words repealed by Post Office Act 1969 (c.48), Sch. 11 Pt. II

Marginal Citations

M43 1945 c. 19.

69 Saving for law of nuisance. E+W+S

Nothing in this Act or in a compulsory rights order shall exonerate a person from any action or other proceeding for nuisance.

70 Short title, extent and commencement. E+W+S

(1) This Act may be cited as the Pipe-lines Act 1962.

(2) This Act shall not extend to Northern Ireland.

(3) Section forty-one of this Act shall come into operation on the passing of this Act, and the remainder of this Act shall come into operation on such day as Her Majesty may by Order in Council appoint.

Modifications etc. (not altering text)

C55 1.1.1963 appointed under s. 70(3) by S.I. 1962/2790