(1)A person to whom a pipe-line construction F1. . . authorisation is granted shall, forthwith after the grant, deposit with each local authority within whose area lies any part of the route to be taken by the proposed pipe-line F1. . ., a copy (on the same scale) of so much of the map annexed to the authorisation as shows the part of that route that lies within that area.
F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)A person who fails to satisfy an obligation to which he is subject by virtue of [F4subsection (1) above] shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding [F5level 3 on the standard scale].
(5)Documents deposited in pursuance of this section with a local authority shall be kept at the authority’s offices and shall be open to inspection by any person at all reasonable hours free of charge.
(6)For the purpose of the application of this section to England F6. . ., the expression “local authority” means the council of a county, . . . F7 district or . . . F8 borough and includes the Common Council of the City of London, [F9for the purpose of the application of this section to Wales, that expression means the council of a county or county borough,] and for the purpose of the application of this section to Scotland that expression means a county or town council.
Textual Amendments
F1Words in s. 35(1) omitted (3.4.1999) by virtue of S.I. 1999/742, art. 2, Sch. para. 12(a)
F2S. 35(2) repealed (3.4.1999) by S.I. 1999/742, art. 2, Sch. para. 12(b)
F3S. 35(3) repealed (3.4.1999) by S.I. 1999/742, art. 2, Sch. para. 12(c)
F4Words in s. 35(4) substituted (3.4.1999) by S.I. 1999/742, art. 2, Sch. para. 12(d)
F5Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G
F6Words in s. 35(6) repealed (1.4.1996) by 1994 c. 19, s. 66(6)(8), Sch. 16 para. 21, Sch. 18 (with ss. 54(5)(7), 55(5), 66(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
F7Words repealed by S.I. 1974/595, Sch. 1 Pt. I
F8Word repealed by S.I. 1975/1636, art. 4(4)
F9Words in s. 35(6) substituted (1.4.1996) by 1994 c. 19, s. 66(6)(8), Sch. 16 para. 21 (with ss. 54(5)(7), 55(5), 66(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
Modifications etc. (not altering text)
C1S. 35: transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)
S. 35: certain functions exercisable (30.6.1999) by S.I. 1999/1756, arts. 1, 2, Sch. para. 1 (with art. 8)
(1)Subject to the following subsection, 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 three 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 three years from the date on which it was last used;
the owner of the line shall, within two weeks after the happening of the event, give to the Minister notice thereof specifying the date on which it happened and the line or length in question and, if he fails so to do, shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding [F10level 3 on the standard scale].
(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 three years from that date, it shall not be necessary to give, under the foregoing subsection, notice of the expiration of that period.
[F11(3)This section applies only to pipe-lines constructed pursuant to a pipe-line construction authorisation and to diversions to any such line.]
Textual Amendments
F10Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G
F11S. 36(3) inserted (3.4.1999) by S.I. 1999/742, art. 2, Sch. para. 13
Modifications etc. (not altering text)
C2S. 36: transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)
S. 36: certain functions exercisable (30.6.1999) by S.I. 1999/1756, arts. 1, 2, Sch. para. 1 (with art. 8)
C3S. 36 applied (30.4.2015) by Energy Act 2013 (c. 32), ss. 126(3)(b), 156(1) (with s. 130); S.I. 2015/817, art. 2(a)
(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 thing in the line, immediate notice of the event is given—
(a)to every fire[F12and rescue authority] [F13, local policing body] and police authority by whom duties will or may fall to be discharged in consequence of the happening of the event;
(b)[F14to all statutory water] undertakers and local water authorities who will or may have, in consequence of the happening of the event, to take steps to prevent or combat pollution of water or flooding;
(c)to all [F15sewerage undertakers] who will or may have, in consequence of the happening of the event, to take steps to prevent injury to their sewers or sewage disposal works, interference with the free flow of the contents of any of their sewers or the prejudicial affection of the treatment and disposal of such contents or to combat the effects of any such injury, interference or affection; and
(d)to any other authority, board or undertakers whom the Minister, by notice served on the owner of the line, requires him to treat, for the purposes of this section, as relevant in relation to the line, being an authority or board, or undertakers, in the case of whom it is stated in the notice that the Minister is satisfied that they 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 authority, board or undertakers for whose notification, in the event specified in the last foregoing subsection, arrangements are thereby required to be made, to furnish the authority, board or undertakers with such maps, and to give them such information, as they may reasonably require in order—
(a)in the case of a fire[F16and rescue authority] [F17, local policing body] or police authority, to enable them efficiently to discharge the duties falling to be discharged by them in consequence of the happening of the event;
(b)[F18in the case of any statutory water] undertakers or local water authority, to enable them efficiently to take, in consequence of the happening of the event, steps to prevent or combat pollution of water or flooding;
(c)in the case of a [F19sewerage undertaker], to enable them efficiently to take, in consequence of the happening of the event, steps for either of the purposes mentioned in paragraph (c) of that subsection;
(d)in the case of any authority, board or undertakers whom the owner is, by a notice served under paragraph (d) of that subsection, required to treat, for the purposes of this section, as relevant in relation to the line, to enable them 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 satsify an obligation to which he is subject by virtue of either of the foregoing subsections shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding [F20level 3 on the standard scale].
(4)In this section—
[F21(a) “ fire and rescue authority ” means, in relation to any area, the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area; ]
[F22(b)[F23 “ river purification authority ” means ] a river purification authority within the meaning of the M1 Rivers (Prevention of Pollution) (Scotland) Act 1951; ]
F24(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and any reference in this section to a sewer shall be construed as including a reference to any manholes, ventilating shafts, pumps or other accessories belonging to that sewer, and any reference in this section to sewage disposal works shall be construed as including a reference to the machinery and equipment of those works and any necessary pumping stations and outfall pipes.
Textual Amendments
F12Words in s. 37(1)(a) inserted (E.W.) (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 17(2); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2
F13Words in s. 37(1)(a) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 82; S.I. 2011/3019, art. 3, Sch. 1
F14Words in s. 37(1)(b) substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 190(1), Sch. 25 para. 30(1)(a)(i) (with ss. 58(7), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)
F15Words in s. 37(1)(c) substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 141(6), 160(1)(2)(4), 163, 189(4)–(10). 190. 193(1), Sch. 25 para. 30(1)(a)(ii), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)
F16Words in s. 37(2)(a) inserted (E.W.) (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 17(2); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2
F17Words in s. 37(2)(a) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 82; S.I. 2011/3019, art. 3, Sch. 1
F18Words in s. 37(2)(b) substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 190(1), Sch. 25 para. 30(1)(b)(i) (with ss. 58(7), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)
F19Words in s. 37(2)(c) substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 190(1), Sch. 25 para. 30(1)(b)(ii) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)
F20Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G
F21S. 37(4)(a) substituted (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 17(3); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2
F22S. 37(4)(b) ceased to have effect (S.) (1.4.1996) by virtue of S.I. 1996/973, reg. 2, Sch. para. 1(c)
F23Words substituted by Water Resources Act 1963 (c. 38), Sch. 13 para. 18
F24S. 37(4)(c) repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 190(3)(4), Sch. 27 Pt. I (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58)
Modifications etc. (not altering text)
C4Ss. 27-32 and 37: power to repeal or modify conferred by Offshore Safety Act 1992 (c. 15), s. 2(2)(3)(a) (amending the Health and Safety at Work etc. Act 1974 c. 37, s. 15(1))
C5S. 37(1) amended (23.8.1993) by S.I. 1993/1823, reg. 4(1)
Marginal Citations
(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 thing in the line, immediate notice of the event is given—
[F26(a)to the Scottish Fire and Rescue Service and the chief constable of the Police Service for Scotland,]
(b)to all river boards , [F27river purification authorities][F28and] statutory water undertakers F29... who will or may have, in consequence of the happening of the event, to take steps to prevent or combat pollution of water or flooding;
[F30(bb)to the Scottish Environment Protection Agency;]
[F31(c)if Scottish Water will or may have, in consequence of the happening of the event, to take steps to–
(i)prevent or combat pollution of water or flooding; or
(ii)prevent injury to its sewers or sewage disposal works, interference with the free flow of the contents of any of its sewers or the prejudicial affection of the treatment and disposal of such contents or to combat the effects of any such injury, interference or affection,
to that body;]
(d)to any other authority, board or undertakers whom the Minister, by notice served on the owner of the line, requires him to treat, for the purposes of this section, as relevant in relation to the line, being an authority or board, or undertakers, in the case of whom it is stated in the notice that the Minister is satisfied that they 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 [F32the Scottish Fire and Rescue Service, the chief constable of the Police Service for Scotland,] any authority, board or undertakers for whose notification, in the event specified in the last foregoing subsection, arrangements are thereby required to be made, to furnish [F33the Scottish Fire and Rescue Service, the chief constable of the Police Service for Scotland,] the authority, board or undertakers with such maps, and to give them such information, as they may reasonably require in order—
F16(a)in the case of [F34the Scottish Fire and Rescue Service or the chief constable of the Police Service for Scotland], to enable them efficiently to discharge the duties falling to be discharged by them in consequence of the happening of the event;
(b)in the case of any river board, [F35river purification authority,][F36or] statutory water undertakers F37... [F38or the Scottish Environment Protection Agency], to enable them efficiently to take, in consequence of the happening of the event, steps to prevent or combat pollution of water or flooding;
(c)in the case of [F39Scottish Water], to enable [F40it] efficiently to take, in consequence of the happening of the event, steps for [F41any] of the purposes mentioned in [F42paragraphs (b) or] (c) of that subsection;
(d)in the case of any authority, board or undertakers whom the owner is, by a notice served under paragraph (d) of that subsection, required to treat, for the purposes of this section, as relevant in relation to the line, to enable them 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 satsify an obligation to which he is subject by virtue of either of the foregoing subsections shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding [F43level 3 on the standard scale].
(4)In this section—
F44(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F45(b)[F46 “ river purification authority ” means ] a river purification authority within the meaning of the M2 Rivers (Prevention of Pollution) (Scotland) Act 1951; ]
F47(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and any reference in this section to a sewer shall be construed as including a reference to any manholes, ventilating shafts, pumps or other accessories belonging to that sewer, and any reference in this section to sewage disposal works shall be construed as including a reference to the machinery and equipment of those works and any necessary pumping stations and outfall pipes.
Textual Amendments
F16Words in s. 37(2)(a) inserted (E.W.) (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 17(2); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2
F26S. 37(1)(a) substituted (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 74(a); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F27Words in s. 37(1)(b) ceased to have effect (S.) (1.4.1996) by virtue of S.I. 1996/973, reg. 2, Sch. para. 1(a)(i)
F28Comma in s. 37(1)(b) omitted and word substituted (S.) (14.7.2004) by Water Industry (Scotland) Act 2002 (Consequential Modifications) Order 2004 (S.I. 2004/1822), art. 1(1), Sch. para. 3(2)(a)(i)
F29Words in s. 37(1)(b) repealed (S.) (14.7.2004) by Water Industry (Scotland) Act 2002 (Consequential Modifications) Order 2004 (S.I. 2004/1822), art. 1(1), Sch. para. 3(2)(a)(ii)
F30S. 37(1)(bb) inserted (S.) (1.4.1996) by S.I. 1996/973, reg. 2, Sch. para. 1(a)(ii)
F31S. 37(1)(c) substituted (S.) (14.7.2004) by Water Industry (Scotland) Act 2002 (Consequential Modifications) Order 2004 (S.I. 2004/1822), art. 1(1), Sch. para. 3(2)(b)
F32Words in s. 37(2) inserted (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 74(b)(i); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F33Words in s. 37(2) inserted (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 74(b)(ii); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F34Words in s. 37(2)(a) substituted (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 74(b)(iii); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F35Words in s. 37(2)(b) ceased to have effect (S.) (1.4.1996) by virtue of S.I. 1996/973, reg. 2, Sch. para. 1(b)(i)
F36Word in s. 37(2)(b) inserted (S.) (14.7.2004) by Water Industry (Scotland) Act 2002 (Consequential Modifications) Order 2004 (S.I. 2004/1822), art. 1(1), Sch. para. 3(2)(c)(i)
F37Words in s. 37(2)(b) repealed (S.) (14.7.2004) by Water Industry (Scotland) Act 2002 (Consequential Modifications) Order 2004 (S.I. 2004/1822), art. 1(1), Sch. para. 3(2)(c)(ii)
F38Words in s. 37(2)(b) inserted (S.) (1.4.1996) by S.I. 1996/973, reg. 2, Sch. para. 1(b)(ii)
F39Words in s. 37(2)(c) substituted (S.) (14.7.2004) by Water Industry (Scotland) Act 2002 (Consequential Modifications) Order 2004 (S.I. 2004/1822), art. 1(1), Sch. para. 3(2)(d)(i)
F40Word in s. 37(2)(c) substituted (S.) (14.7.2004) by Water Industry (Scotland) Act 2002 (Consequential Modifications) Order 2004 (S.I. 2004/1822), art. 1(1), Sch. para. 3(2)(d)(ii)
F41Word in s. 37(2)(c) substituted (S.) (14.7.2004) by Water Industry (Scotland) Act 2002 (Consequential Modifications) Order 2004 (S.I. 2004/1822), art. 1(1), Sch. para. 3(2)(d)(iii)
F42Words in s. 37(2)(c) substituted (S.) (14.7.2004) by Water Industry (Scotland) Act 2002 (Consequential Modifications) Order 2004 (S.I. 2004/1822), art. 1(1), Sch. para. 3(2)(d)(iv)
F43Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G
F44S. 37(4)(a) repealed (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 3; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F45S. 37(4)(b) ceased to have effect (S.) (1.4.1996) by virtue of S.I. 1996/973, reg. 2, Sch. para. 1(c)
F46Words substituted by Water Resources Act 1963 (c. 38), Sch. 13 para. 18
F47S. 37(4)(c) repealed (S.) (14.7.2004) by Water Industry (Scotland) Act 2002 (Consequential Modifications) Order 2004 (S.I. 2004/1822), art. 1(1), Sch. para. 3(2)(e)
Modifications etc. (not altering text)
C7Ss. 27-32 and 37: power to repeal or modify conferred by Offshore Safety Act 1992 (c. 15), s. 2(2)(3)(a) (amending the Health and Safety at Work etc. Act 1974 c. 37, s. 15(1))
C8S. 37(1) amended (23.8.1993) by S.I. 1993/1823, reg. 4(1)
C9Reference to New Towns Act 1946 (c. 68) in s. 37(4)(c) to be construed as including reference to New Towns Act 1965 (c. 59): ibid., Sch. 11 para. 5(1)
Marginal Citations
(1)Where a change occurs in the ownership of a pipe-line, the owner of the line shall, within three weeks from the date on which the change occurs, give to the Minister and to every person who is an owner, lessee or occupier of land in which any part of the line is situate (except a tenant for a month or any period less than a month) a notice stating the particulars of the change.
(2)A person who fails to satisfy an obligation to which he is subject by virtue of the foregoing subsection shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding [F25level 3 on the standard scale].
Textual Amendments
F25Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G
Modifications etc. (not altering text)
C6S. 38: transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)
S. 38: certain functions exercisable (30.6.1999) by S.I. 1999/1756, arts. 1, 2, Sch. para. 1 (with art. 8)