2. After regulation 13 of the Pipelines Safety Regulations 1996(1) there shall be inserted the following regulation—
13A.—(1) Subject to paragraph (3), the Executive shall approve—
(a)with or without modification by it, a programme prepared by the operator of a pipeline; or
(b)a programme which after approval has been modified by the operator or by itself,
if it is satisfied that the programme or modified programme is suitable and sufficient for the period to which it relates.
(2) Subject to paragraph (3), the Executive may prepare and approve a programme for a period for which no suitable and sufficient programme has been prepared by the operator.
(3) The Executive shall consult the operator before it approves a programme which it has itself modified or prepared.
(4) An approval under this regulation—
(a)shall be in writing;
(b)shall be notified to the operator and published in such manner as the Executive may approve; and
(c)may be withdrawn by the Executive by reasonable notice in writing at any time.
(5) The operator shall so far as is practicable comply with a programme approved under this regulation.
(6) In any proceedings for an offence for a contravention of regulation 13 it shall be a defence for the person charged to prove that at the relevant time—
(a)any pipe to which the contravention related was of a description, apart from its geographical location, to which a programme—
(i)approved by the Executive; and
(ii)not then due for completion,
applied; and
(b)where the proceedings arise from an event involving a failure of a pipe, the operator did not know and could not reasonably be expected to have known that there was a risk to safety concerning the pipe which required immediate attention.
(7) Any reference in this regulation to a programme is a reference to a programme for the decommissioning of any description of iron pipe used in a pipeline.
(8) In paragraph (7) “iron” does not include steel.”.