Land Powers (Defence) Act 1958

14 Wayleave orders for oil pipe-lines and accessory works. U.K.

(1) Subject to the provisions of Part I of the Second Schedule to this Act, a Minister specified in subsection (3) of this section may, for any purpose specified in relation to him in that subsection, by order (in this Act referred to as a “wayleave order”) and without further assurance vest in himself with respect to any land specified in the order the right—

(a) in such positions (subject to any minor deviations found to be necessary or expedient) under or above the surface of that land, or partly under and partly above the surface thereof, as may be specified by the order, to carry out all or any of the following operations, that is to say—

(i) the laying of an oil pipe-line;

(ii) the installation or construction of such minor works accessory to an oil pipe-line, whether laid under that wayleave order or otherwise, as may be so specified,

and from time to time maintain or remove any pipe-line or works so laid, installed or constructed;

(b) to use any such pipe-line or works for any purpose appearing to that Minister to be expedient and not to be inconsistent with the purposes for which the order was made.

(2) For the purposes of the foregoing subsection, the expression “minor works accessory to an oil pipe-line” shall include works so accessory of any of the following descriptions, that is to say—

(a) manholes, inspection pits and similar works;

(b) electrical apparatus for the operation or maintenance of an oil pipe-line, and electric lines (within the meaning of the [F1 Electricity Act 1989)]) provided mainly for the purpose of supplying electricity to such apparatus;

(c) markers for indicating the position of an oil pipe-line or of any such apparatus or electric line as is mentioned in the last foregoing paragraph, in so far as the pipe-line, apparatus or electric line is placed below the surface of the land;

(d) stiles, bridges, gates or other works for affording access to an oil pipe-line.

(3) The Ministers and purposes referred to in subsection (1) of this section are—

(a) a Secretary of State . . . F2 for defence purposes;

(b) the Minister of Power, for the purpose of the provision and maintenance of facilities which in his opinion are essential for the defence of the realm;

(c) any of the Ministers aforesaid, for the purpose of any diversion appearing to that Minister to be necessary or expedient of an oil pipe-line which—

(i) is vested in or under the control of that Minister; and

(ii) either is a government oil pipe-line within the meaning of the M1 Requisitioned Land and War Works Act, 1948, or was laid under a wayleave order made by that Minister.

Textual Amendments

F1 Words substituted by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 9, Sch. 17 paras. 33, 35(1)

F2 Words repealed with saving by S.I. 1964/488

Modifications etc. (not altering text)

C1 S. 14 saved by Pipe-Lines Act 1962 (c. 58), s. 62

C2 S. 14 amended by S.I. 1989/150, art. 2(3)(4)

Marginal Citations

M1 1948 c. 17.