PART 4

Government Pipe-line and Storage System

Right of entry
121
1
For the purpose of exercising a right conferred by section 120, the Secretary of State may enter—
a
any land on or under which is situated any part of the government pipe-line and storage system, or
b
any land which is held with that land.
2
The right conferred by subsection (1) is a right to enter on foot or with vehicles and includes a right to transport materials, plant and apparatus.
3
For the purpose of accessing any land mentioned in subsection (1) (“the system land”), the Secretary of State may pass over any other land (“the access land”) so far as it is necessary to do so for that purpose.
4
But the right conferred by subsection (3) may be exercised only if, and to the extent that, the occupier or owner of the system land is entitled to exercise a corresponding right of access (whether by virtue of an easement, under an agreement or otherwise) to pass over the access land.
5
Except in an emergency the rights conferred by this section may be exercised only—
a
at a reasonable time and with the consent of the occupier of the land, or
b
under the authority of a warrant (see section 122).
6
“An emergency” means that urgent action is required to prevent or limit serious damage to health or to the environment.
7
The rights conferred by this section do not include a right to enter premises used wholly or mainly as a private dwelling house.
S. 121 in force at 30.4.2015 by S.I. 2015/817, art. 2(a)