Petroleum and Submarine Pipe-lines Act 1975

General

45 Amendments of enactments

(1) It is hereby declared that the reference to pipe-lines under the high seas in section 8(1) of the [1964 c. 29.] Continental Shelf Act 1964 (which among other things relates to the punishment of persons who damage such pipe-lines) includes pipe-lines under the territorial sea adjacent to the United Kingdom.

(2) In section 23 of the [1971 c. 60.] Prevention of Oil Pollution Act 1971 (which among other things authorises the Secretary of State to exempt vessels from provisions of that Act) the words " any vessels or classes of vessels " shall be omitted and at the end of the section there shall be inserted the words "—

(a) any vessels or classes of vessels ;

(b) any discharge of, or of a mixture containing, crude oil produced as a result of operations for the exploration of the sea-bed and subsoil or the exploitation of their natural resources in a case where the discharge occurs in the course of such operations or is from a pipe-line or a place on land."

(3) Nothing in the [1974 c. 20.] Dumping at Sea Act 1974 shall apply to anything done—

(a) for the purpose of constructing or maintaining a pipeline as respects any part of which an authorisation (within the meaning of Part III of this Act) is in force; or

(b) for the purpose of establishing or maintaining an offshore installation within the meaning of the [1971 c. 61.] Mineral Workings (Offshore Installations) Act 1971 or any such other installation as is mentioned in section 44(1) of this Act.

46 Orders and regulations

(1) Any power conferred by this Act to make an order or regulations—

(a) includes power to make different provision by the order or regulations for different circumstances and to include in the order or regulations such incidental, supplemental and transitional provisions (including, in the case of regulations, provisions for the payment of fees in respect of consents and certificates required by the regulations) as the Secretary of State considers appropriate in connection with the order or regulations; and

(b) shall be exercisable by statutory instrument;

and any statutory instrument made by virtue of this subsection, except an instrument containing only an order made by virtue of section 6(3), 33(2), (3) or (4) or 49(2) of this Act, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(2) No order shall be made in pursuance of section 6(3) of this Act unless a draft of the order has been approved by a resolution of the House of Commons.

47 Expenses

Any administrative expenses of the Secretary of State or a government department which are attributable to this Act shall be defrayed out of money provided by Parliament.

48 Interpretation etc-general

(1) In this Act—

• " controlled pipe-line " and " controlled waters " have the meanings assigned to them by section 20(2) of this Act;

• " the Corporation " has the meaning assigned to it by section 1(1) of this Act;

• " enactment " includes an enactment of the Parliament of Northern Ireland or of the Northern Ireland Assembly;

• " functions " includes powers and duties;

• " notice " means notice in writing;

• " prescribed " means prescribed by regulations;

• " regulations " means regulations made by the Secretary of State;

• " relevant subsidiary " means a wholly owned subsidiary of the Corporation; and

• " subsidiary " shall be construed in accordance with section 154 of the [1948 c. 38.] Companies Act 1948 or section 148 of the [1960 c. 22 (N.I.).] Companies Act (Northern Ireland) 1960 and " wholly owned subsidiary" shall be construed in accordance with section 150(4) of the said Act of 1948 or section 144(5) of the said Act of 1960.

(2) Subsections (1) to (3) of section 49 of the [1962 c. 58.] Pipe-lines Act 1962 (which relates to the service of documents in pursuance of that Act) shall have effect as if references to that Act included references to this Act and as if after the words " arrangements agreed " in subsection (3) there were inserted the words " or in accordance with regulations made by virtue of the Petroleum and Submarine Pipe-lines Act 1975 " ; and in the application of this subsection to Northern Ireland the said subsections (1) to (3) shall have effect as if they extended to Northern Ireland.

(3) Except so far as this Act expressly provides otherwise and subject to the provisions of section 33 of the [1889 c. 63.] Interpretation Act 1889 (which relates to offences under two or more laws), nothing in this Act—

(a) confers a right of action in any civil proceedings (other than proceedings for the recovery of a fine) in respect of any contravention of this Act or an instrument made in pursuance of this Act;

(b) affects any restriction imposed by or under any other enactment, whether public, local or private; or

(c) derogates from any right of action or other remedy (whether civil or criminal) in proceedings instituted otherwise than under this Act.

(4) References in this Act to any enactment are references to it as amended by or under any other enactment.

(5) Without prejudice to the generality of the preceding subsection, references in this Act to licences granted under the [1934 c. 36.] Petroleum (Production) Act 1934 include references to licences granted under section 2 of that Act as applied by section 1(3) of the [1964 c. 29.] Continental Shelf Act 1964; but nothing in this Act affects the extent of the said Act of 1934.

49 Short title, commencement and extent

(1) This Act may be cited as the Petroleum and Submarine Pipe-lines Act 1975.

(2) This Act shall come into force on such day as the Secretary of State may by order appoint; and, without prejudice to the generality of section 46(1)(a) of this Act, different days may be appointed in pursuance of this subsection for different provisions of this Act and for such different purposes of the same provision as may be specified in the order.

(3) This Act, except Part II and Schedules 2 and 3, extends to Northern Ireland and the following provisions of this Act extend to controlled waters and places above and below those waters, namely,—

(a) Parts II and III and Schedules 2 and 3 ;

(b) sections 44 and 45 ; and

(c) sections 46 and 48 and this section so far as they relate to any provision mentioned in paragraph (a) or (b) of this subsection.