The Gas (Northern Ireland) Order 1996 No. 275 (NI. 2)

PART III N.I. SAFETY

Interpretation N.I.

Interpretation of Part III N.I.

49.  In this Part—

• “gas” means any substance which is in a gaseous state at a temperature of 15°C and a pressure of 1013.25 millibars and—

  (a)

  consists wholly or mainly of methane, ethane, propane, butane, hydrogen or carbon monoxide; or

  (b)

  is specified in an order made by the Department; or

  (c)

  consists wholly or mainly of—

  (i)

  a mixture of two or more substances falling within paragraph (a) or (b); or

  (ii)

  a combustible mixture of one or more such substances and air.

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

• “owner”

  (a)

  in relation to any land, 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 3 years;

  (b)

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

  (c)

  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) of this definition.

Safety of pipe-lines N.I.

Arts. 50‐54 rep. by SR 1997/193

Prohibition by Department of use or testing of pipe-line N.I.

55.—(1) The Department 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 pipe-line, unless there are satisfied such requirements as may be specified in the notice for the purpose mentioned in paragraph (2).

(2) The purpose referred to in paragraph (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 gas from the pipe-line or length.

(3) Paragraphs (3) to (5) of Article 50 shall apply in relation to a notice served under paragraph (1) of this Article as they apply in relation to a notice served under paragraph (1) of that Article.

(4) If a pipe-line is used or tested in contravention of a prohibition imposed by a notice under paragraph (1) then, unless he shows that he used due diligence to avoid contravention, the owner shall be guilty of an offence.

(5) A person guilty of an offence under this Article shall be liable—

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

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

Arts. 56‐58 rep. by SR 1997/193

Information, hearings and notices N.I.

Notification of abandonment, cesser of use and beginning or resumption of use of pipe-lines or lengths thereof N.I.

59.—(1) Subject to paragraph (2), 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 3 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 3 years from the date on which it was last used,

the owner of the line shall, within 2 weeks after the happening of the event, give to the Department notice thereof specifying the date on which it happened and the line or length in question.

(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 3 years from that date, it shall not be necessary to give, under paragraph (1), notice of the expiration of that period.

(3) A person who fails to comply with paragraph (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Fire authority, police, etc., to he notified of certain pipe-line accidents and to he furnished with information N.I.

60.—(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 gas in the line, immediate notice of the event is given—

(a) to [F1 the Northern Ireland Fire and Rescue Service Board] ;

(b) to the Royal Ulster Constabulary; and

(c) to any other body which the Department, by notice served on the owner of the line, requires him to treat, for the purposes of this Article as relevant in relation to the line, being a body in the case of which it is stated in the notice that the Department is satisfied that it 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 body for whose notification, in the event specified in paragraph (1), arrangements are thereby required to be made, to furnish the body with such maps, and to give it such information, as it may reasonably require in order—

(a) in the case of [F2 the Northern Ireland Fire and Rescue Service Board] or the Royal Ulster Constabulary, to enable it efficiently to discharge the duties falling to be discharged by it in consequence of the happening of the event;

(b) in the case of any other body which the owner is, by a notice served under paragraph (1)(c), required to treat, for the purposes of this Article as relevant in relation to the line, to enable it 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 comply with a duty imposed on him under paragraph (1) or (2) shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

F1 Words in art. 60(1) substituted (1.7.2006) by Fire and Rescue Services (Northern Ireland) Order 2006 (S.I. 2006/1254 (N.I. 9)), arts. 1(3), 63(1), Sch. 3 para. 22 (with arts. 49, 62); S.R. 2006/257, art. 2(b)(d)

F2 Words in art. 60(2) substituted (1.7.2006) by Fire and Rescue Services (Northern Ireland) Order 2006 (S.I. 2006/1254 (N.I. 9)), arts. 1(3), 63(1), Sch. 3 para. 22 (with arts. 49, 62); S.R. 2006/257, art. 2(b)(d)

Notification of change of ownership of pipe-line N.I.

61.—(1) Where a change occurs in the ownership of a pipe-line, the owner of the line shall, within 3 weeks from the date on which the change occurs, give to the Department and to every prescribed person or person of a prescribed class or description a notice stating the particulars of the change.

(2) A person who fails to comply with a duty imposed on him under paragraph (1) shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

Regulations as to hearings under this Part N.I.

62.  The Department may by regulations make provision as to the procedure to be followed in relation to any hearing under this Part.

Provisions as to requirements and prohibitions imposed under this Part N.I.

63.  Any power, exercisable by notice, conferred by this Part on the Department 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.

Miscellaneous N.I.

Art. 64 rep. by SR 1997/195

Powers of entry N.I.

65.  Schedule 5 shall have effect.