Pipe-Lines Act 1962

66 General interpretation provisions. E+W

(1) In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say:—

• “agriculture” includes dairy farming, the production of any consumable produce which is grown for sale or for consumption or other use for the purposes of a trade or business or of any other undertaking (whether carried on for profit or not), and the use of land as grazing, meadow or pasture land or orchard or osier land or woodland or for market gardens or nursery grounds, and “agricultural” shall be construed accordingly;

• “agricultural unit” means land which is occupied as a unit for agricultural purposes;

• . . . F1

• “carriageway” has the meaning assigned to it by [F2 section 329(1) of the Highways Act 1980];

• “compulsory purchase order” has the meaning assigned to it by subsection (1) of section eleven of this Act;

• “compulsory rights order” has the meaning assigned to it by subsection (1) of section twelve of this Act;

• “construction”, in relation to a pipe-line, includes placing, and “construct” and “constructed” shall, in relation to a pipe-line, be construed accordingly;

• “cross-country pipe-line” means a pipe-line whose length exceeds, or is intended to exceed, ten miles;

• [F3 “emergency works” has the same meaning as in Part III of the New Roads and Street Works Act 1991 or, in Scotland, as in Part IV of that Act;]

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

• . . . F4

• “land” includes land covered by water and in Scotland includes salmon fishings;

• “local pipe-line” means a pipe-line other than a cross-country one;

• “local water authority” means a local water authority within the meaning of the M1 Water (Scotland) Act 1946;

• “the Minister” means [F5 the Secretary of State];

• “notice” means a notice in writing;

• “owner”—

  (a)

  in relation to any land other than land in Scotland, 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 three years;

  (b)

  in relation to land in Scotland, includes any person who, under the Lands Clauses Acts, would be enabled to sell and convey the land to the promoters of an undertaking and a tenant of the land under a lease the unexpired term of which exceeds three years;

  (c)

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

  (d)

  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) or (b) of this definition;

• “pipe-line construction authorisation” has the meaning assigned to it by subsection (1) of section one of this Act;

• “pipe-line diversion authorisation” has the meaning assigned to it by paragraph (a) of subsection (1) of section three of this Act;

• “pipe-line works” means works of any of the following kinds, that is to say,—

  (a)

  placing a pipe-line or a length of pipe-line;

  inspecting, maintaining, adjusting, repairing, altering or renewing a pipe-line or a length of pipe-line;

  changing the position of a pipe-line or a length of pipe-line or removing a pipe-line or a length of pipe-line;

  (b)

  breaking up or opening land for the purposes of works mentioned in the foregoing paragraph and tunnelling or boring for those purposes and other works requisite for or incidental to those purposes;

• “prescribed” means prescribed by regulations made under this Act;

• “railway undertakers” means any persons authorised by an enactment or provision of an order or scheme made under or confirmed by an Act to construct, work or carry on a railway;

• [F6 “river works consent” means a consent given under section 109 of the Water Resources Act 1991;]

• “statutory undertakers” means any person authorised by any Act (whether public general or local) or by any order or scheme made under or confirmed by an Act to construct, work or carry on a railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking or any undertaking for the supply of . . . F7 , . . . F8 , [F9 or hydraulic power];

• [F10 “statutory water undertakers” means the National Rivers Authority or a water undertaker;]

• “street works consent” means a consent given under section fifteen of this Act.

(2) For the purposes of this Act the length of a pipe-line shall be taken to be the total length of pipe comprised in it; but where, in a system of pipes, a number of adjacent parallel lengths of pipe serve the same purpose as would be served by a single pipe of a diameter greater than that of any of those lengths, that number shall be taken to constitute a single pipe.

(3) For the purposes of this Act 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.

(4) Any reference in this Act to any other enactment shall be construed as a reference to that enactment as amended by any other Act.

Textual Amendments

F1 Definition of “appropriate Minister” repealed by S.I. 1970/1681, Sch. 4 : expression explained by ibid., Sch. 3 para. 21(a)

F2 Words substituted by Highways Act 1980 (c. 66, SIF 59), s. 343(2), Sch. 24 para. 10(c)

F3 Definition in s. 66(1) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), ss. 168(1), Sch. 8 Pt. IV para. 101(5); S.I. 1992/2984, art. 2(2), Sch.2

F4 Definition repealed by S.I. 1974/1986, Sch. 1

F5 Words substituted by virtue of S.I. 1969/1498, arts. 2(1), 5(6) and 1970/1537, arts. 2(2), 7(4)

F6 Definition in s. 66(1) substituted (E.W.) (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2(1), 4(2), Sch. 1 para.12

F7 Word repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(4), Sch. 17 para. 35(1), Sch. 18

F8 Word repealed by Gas Act 1986 (c. 44, SIF 44:2), s. 67(4), Sch. 9 Pt. I

F9 Words in s. 66(1) substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 30(2)(a), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F10 Definition in s. 66(1) substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 30(2)(b), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

Marginal Citations

M1 1946 c. 42.

66 General interpretation provisions. S

(1) In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say:—

• “agriculture” includes dairy farming, the production of any consumable produce which is grown for sale or for consumption or other use for the purposes of a trade or business or of any other undertaking (whether carried on for profit or not), and the use of land as grazing, meadow or pasture land or orchard or osier land or woodland or for market gardens or nursery grounds, and “agricultural” shall be construed accordingly;

• “agricultural unit” means land which is occupied as a unit for agricultural purposes;

• . . . F11

• F12 . . .

• “compulsory purchase order” has the meaning assigned to it by subsection (1) of section eleven of this Act;

• “compulsory rights order” has the meaning assigned to it by subsection (1) of section twelve of this Act;

• “construction”, in relation to a pipe-line, includes placing, and “construct” and “constructed” shall, in relation to a pipe-line, be construed accordingly;

• “cross-country pipe-line” means a pipe-line whose length exceeds, or is intended to exceed, ten miles;

• [F13 “emergency works” has the same meaning as in Part III of the New Roads and Street Works Act 1991 or, in Scotland, as in Part IV of that Act;]

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

• . . . F14

• “land” includes land covered by water and in Scotland includes salmon fishings;

• “local pipe-line” means a pipe-line other than a cross-country one;

• “local water authority” means a local water authority within the meaning of the M2 Water (Scotland) Act 1946;

• “the Minister” means [F15 the Secretary of State];

• “notice” means a notice in writing;

• “owner”—

  (a)

  in relation to any land other than land in Scotland, 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 three years;

  (b)

  in relation to land in Scotland, includes any person who, under the Lands Clauses Acts, would be enabled to sell and convey the land to the promoters of an undertaking and a tenant of the land under a lease the unexpired term of which exceeds three years;

  (c)

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

  (d)

  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) or (b) of this definition;

• “pipe-line construction authorisation” has the meaning assigned to it by subsection (1) of section one of this Act;

• “pipe-line diversion authorisation” has the meaning assigned to it by paragraph (a) of subsection (1) of section three of this Act;

• “pipe-line works” means works of any of the following kinds, that is to say,—

  (a)

  placing a pipe-line or a length of pipe-line;

  inspecting, maintaining, adjusting, repairing, altering or renewing a pipe-line or a length of pipe-line;

  changing the position of a pipe-line or a length of pipe-line or removing a pipe-line or a length of pipe-line;

  (b)

  breaking up or opening land for the purposes of works mentioned in the foregoing paragraph and tunnelling or boring for those purposes and other works requisite for or incidental to those purposes;

• “prescribed” means prescribed by regulations made under this Act;

• “railway undertakers” means any persons authorised by an enactment or provision of an order or scheme made under or confirmed by an Act to construct, work or carry on a railway;

• “river works consent” means a consent given under [F16 section 29 of the M3 Land Drainage Act 1976];

• “statutory undertakers” means any person authorised by any Act (whether public general or local) or by any order or scheme made under or confirmed by an Act to construct, work or carry on a railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking or any undertaking for the supply of . . . F17 , . . . F18 , hydraulic power or water;

• “statutory water undertakers” has the same meaning as it has for the purposes of the provisions of the Water Act 1945, other than Part II of that Act;

• “street works consent” means a consent given under section fifteen of this Act.

(2) For the purposes of this Act the length of a pipe-line shall be taken to be the total length of pipe comprised in it; but where, in a system of pipes, a number of adjacent parallel lengths of pipe serve the same purpose as would be served by a single pipe of a diameter greater than that of any of those lengths, that number shall be taken to constitute a single pipe.

(3) For the purposes of this Act 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.

(4) Any reference in this Act to any other enactment shall be construed as a reference to that enactment as amended by any other Act.

Extent Information

E1 This version of this provision extends to Scotland Only; a separate version has been created for England and Wales only.

Textual Amendments

F11 Definition of “appropriate Minister” repealed by S.I. 1970/1681, Sch. 4 : expression explained by ibid., Sch. 3 para. 21(a)

F12 Definition repealed (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11

F13 Definition in s. 66(1) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), ss. 168(1), Sch. 8 Pt. IV para. 101(5); S.I. 1992/2990, art. 2(2), Sch.2

F14 Definition repealed by S.I. 1974/1986, Sch. 1

F15 Words substituted by virtue of S.I. 1969/1498, arts. 2(1), 5(6) and 1970/1537, arts. 2(2), 7(4)

F16 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17 (2)(a)

F17 Word repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(4), Sch. 17 para. 35(1), Sch. 18

F18 Word repealed by Gas Act 1986 (c. 44, SIF 44:2), s. 67(4), Sch. 9 Pt. I

Marginal Citations

M2 1946 c. 42.

M3 1976 c. 70.