Part 2

Security of energy supplies
CHAPTER 3

Upstream petroleum infrastructure

Minor, consequential and supplemental provision
89
1
Schedule 2 contains minor and consequential amendments relating to this Chapter.
2
Before exercising any power conferred by sections 82 to 85 in respect of an upstream petroleum pipeline that is situated partly in a foreign sector of the continental shelf, the Secretary of State must consult the relevant authorities in the other country.
3
The use of a pipeline by any person in accordance with a right secured by a notice under subsection (11) of section 82 is not a contravention of section 14(1) of the Petroleum Act 1998.
4
Subsection (5) applies where—
a
an authorisation has been issued under section 14 of the Petroleum Act 1998 (construction and use of controlled pipelines) for works for the construction of a pipeline;
b
the authorisation contains a term of a kind mentioned in section 15(5) of that Act; and
c
the proposed pipeline is to be a relevant upstream petroleum pipeline.
5
Before serving a notice under section 15(6) of the Petroleum Act 1998 on a person other than the holder of the authorisation, the Secretary of State must give that person an opportunity to make with respect to the proposed pipeline—
a
an application of a kind mentioned in subsection (1)(a) of section 82 of this Act, and
b
if applicable, an application under subsection (4) of that section;
and for the purposes of any such application the provisions of this Chapter have effect with the modifications in subsection (6).
6
The modification are that—
a
references to a pipeline are to the proposed pipeline as it would be once constructed in accordance with the terms of the authorisation;
b
references to the owner of a pipeline are to the proposed owner of the proposed pipeline;
c
section 84 is omitted.
7
In subsection (4)(c) “relevant upstream petroleum pipeline” means an upstream petroleum pipeline that is “relevant” for the purposes of subsection (1) of section 82.