Enforcement

Construction authorisations and pipeline variation noticesI119

1

For the purposes of sections 1 and 4 of the Pipe-lines Act 196215, the works for the construction of a relevant pipeline are deemed to have been executed in contravention of section 1(1) of that Act where the relevant pipeline is constructed—

a

pursuant to a construction authorisation to which a variation condition is attached by virtue of regulation 7; and

b

without conformity to that condition.

2

For the purposes of Part 7 of the Town and Country Planning Act 199016 and Part 6 of the Town and Country Planning (Scotland) Act 199717, the construction of a relevant pipeline is deemed to have constituted a failure to comply with a condition or limitation subject to which planning permission has been granted where—

a

a pipeline variation notice is served under regulation 8(2) in respect of the relevant pipeline; and

b

the relevant pipeline is constructed without conformity to that notice.