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Commencement Orders bringing legislation that affects this Act into force:
(1)This section applies to upstream petroleum pipe-lines.
(2)Any person who seeks a right to have things conveyed by an upstream petroleum pipe-line of which he is not the owner (“the applicant”) shall, before making an application to the Secretary of State under subsection (5), apply to the owner of the pipe-line for the right.
(3)An application under subsection (2) shall be made by giving notice to the owner specifying what is being sought.
(4)Such a notice shall, in particular, specify—
(a)the kind of things to be conveyed (which must be of a kind the pipe-line is designed to convey); and
(b)the quantities to be conveyed.
(5)If the owner and the applicant do not reach agreement on the application, the applicant may apply to the Secretary of State for a notice under subsection (9) securing to the applicant the right to have conveyed by the pipe-line in respect of which he has made an application to the owner under subsection (2) the quantities specified in the notice under subsection (3) of things of a kind so specified.
(6)The Secretary of State shall not entertain an application under subsection (5) unless he is satisfied that the parties have had a reasonable time in which to reach agreement between themselves on the application under subsection (2).
(7)Where a person applies to the Secretary of State under subsection (5) and the Secretary of State is satisfied as mentioned in subsection (6), the Secretary of State shall serve on the owner of the pipe-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 Secretary of State, and the owner and the applicant shall be entitled to be heard when that question is so considered.
(8)When considering the application, the Secretary of State shall (so far as relevant) take into account—
(a)capacity which is or can reasonably be made available in the pipe-line in question;
(b)any incompatibilities of technical specification which cannot reasonably be overcome;
(c)difficulties which cannot reasonably be overcome and which could prejudice the efficient, current and planned future production of petroleum;
(d)the owner’s reasonable needs for the transport and processing of petroleum;
(e)the interests of all users and operators of the pipe-line;
(f)the need to maintain security and regularity of supplies of petroleum; and
(g)the number of parties involved in the dispute.
(9)Where the Secretary of State is satisfied that, if he served a notice under this subsection, the pipe-line in question could be operated in accordance with the notice without prejudicing its efficient operation for the purpose of conveying, on behalf of its owner, the quantities of things which the owner requires or may reasonably be expected to require, the Secretary of State may serve such a notice on the owner and the applicant.
(10)A notice under subsection (9) may contain such provisions as the Secretary of State considers appropriate for any of the following purposes—
(a)to secure to the applicant the right to have conveyed by the pipe-line the quantities specified in the notice under subsection (3) of the things of a kind so specified;
(b)to secure that the exercise of the right is not prevented or impeded;
(c)to regulate the charges which may be made for the conveyance of things by virtue of the right; and
(d)to secure to the applicant the right to have a pipe-line of his connected to the pipe-line by the applicant or owner.
(11)A notice under subsection (9) may also authorise the owner to recover from the applicant payments by way of consideration for any right mentioned in subsection (10)(a) or (d) of amounts specified in the notice or determined in accordance with the notice.
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