Gas Act 1986

20 Construction of pipe-lines. E+W+S

(1) A public gas supplier shall not at any time execute any works for the construction of a high pressure pipe-line which, when constructed, will exceed [F1 3 kilometres] in length unless, not less than two years (or such shorter period as the Director may allow) before that time, he has given notice to the Director stating that he intends to execute the works.

(2) A notice under subsection (1) above shall—

(a) specify the points between which the proposed pipe-line is to run and be accompanied by a map (drawn to a scale not less than [F2 1 in 380,160]) on which is delineated the route which it is proposed to take;

(b) specify the length, diameter and capacity of the proposed pipe-line, the kind of gas which it is designed to convey and the quantities of gas which the public gas supplier requires or expects to require to be conveyed by the pipe-line in order to secure the performance by the supplier of his duties under sections 9(1) and 10(1) above and his contractual obligations; and

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

(3) The Director shall publish in such manner as he considers appropriate notice of the receipt by him of any notice under subsection (1) above; and a notice so published shall—

(a) specify the points between which the proposed pipe-line is to run;

(b) name a place or places where a copy of the notice under subsection (1) above (and of the map accompanying it) may be inspected free of charge, and copies thereof may be obtained at a reasonable charge, at all reasonable hours; and

(c) specify the time within which, and the manner in which, representations may be made as to the matters mentioned in paragraphs (a) and (b) of subsection (4) below.

(4) Where in the light of any such representations duly made the Director is satisfied—

(a) that a demand exists or is likely to arise for the conveyance of gas of, or of a kind similar to, the kind specified in the notice under subsection (1) above; and

(b) that the routes along which the gas will require to be conveyed 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 so specified,

then, subject to subsections (6) and (7) below, the Director may give directions to the public gas supplier in accordance with subsection (5) below.

(5) Directions under subsection (4) above may—

(a) require the public gas supplier to secure that the pipe-line, or any length of it specified in the directions, shall be so constructed as to be capable of conveying quantities so specified of gas of, or of a kind similar to, the kind specified in the notice under subsection (1) above;

(b) specify the sums or the method of determining the sums which the Director considers should be paid to the supplier by such of the persons who made representations to the Director as are specified in the directions for the purpose of defraying so much of the cost of constructing the pipe-line as is attributable to that requirement;

(c) specify the arrangements which the Director considers should be made by each of those persons, within a period specified in that behalf in the directions, for the purpose of securing that those sums will be paid to the supplier if he constructs the pipe-line in accordance with that requirement;

(d) provide that the supplier may, if such arrangements are not made by any of those persons within the period aforesaid, elect in the manner specified in the directions that the requirement shall have effect with such modifications as are so specified with a view to eliminating the consequences of the representations made by that person.

(6) The Director shall not give directions under subsection (4) above without first giving the public gas supplier particulars of the requirement he proposes to specify in the directions and an opportunity of being heard about the matter; and the said particulars must be given to the supplier within six months of the Director receiving the notice under subsection (1) above.

(7) Where the Director proposes to give directions under subsection (4) above, it shall be his duty before doing so to give to any person whom he proposes to specify in the directions—

(a) particulars of the requirement which he proposes so to specify; and

(b) an opportunity of making an application under subsection (1) of section 19 above in respect of the proposed pipe-line;

and that section shall have effect in relation to such an application made by virtue of this subsection as if for references to a pipe-line there were substituted references to the proposed pipe-line and the reference in subsection (2) to the Director deciding whether the application is to be adjourned were omitted.

(8) If, after a notice under subsection (1) above has been given to the Director, the execution of the works to which the notice relates has not been substantially begun at the expiration of three years 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 the purposes of that subsection except as regards works previously executed.

(9) In this section and section 21 below “high pressure pipe-line” means any pipe-line which—

(a) has a design operating pressure exceeding 7 bars; or

(b) is of a class specified in an order made by the Secretary of State.

(10) In this section “construction”, in relation to a pipe-line, includes placing, and “construct” and “constructed” shall, in relation to a pipe-line, be construed accordingly.

(11) For the purposes of this section 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.

(12) Any sums received by the Director under this section shall be paid into the Consolidated Fund.

Textual Amendments

F1 Words in s. 20(1) substituted (1.1.1995) by S.I. 1992/450, reg. 3(3)(c).

F2 Words in s. 20(2)(a) substituted (1.1.1995) by S.I. 1992/450, reg. 3(3)(d).