Pipe-Lines Act 1962

Title and introductory text

Pipe-Lines Act 1962 1962 c.58 An Act to regulate and facilitate the construction, and secure the safe operation, of pipe-lines and make provision for matters arising thereout; and to provide that certain pipe-lines shall be plant or machinery for the purposes of the enactments relating to rating in England and Wales. [1st August 1962]

1 Cross-country pipe-lines not to be constructed without the Minister’s authority.

(1) It shall not be lawful for works to be executed in land for the construction of a cross-country pipe-line except under an authorisation in that behalf (in this Act referred to as a “pipe-line construction authorisation”) granted by the Minister, or otherwise than along the route delineated on the map annexed to the authorisation or within such limits of lateral deviation from that route as may be specified in the authorisation, or (except with the consent of the Minister) by a person other than the one named in the application for the authorisation as he who will be the owner of the line; and if works are executed in contravention of this subsection, the person executing them shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale. (1ZA) Subsection (1) is subject to section 33(1) of the Planning Act 2008 (exclusion of requirement for other consents for development for which development consent required). (1A) For the purposes of this section– (a) the construction of a diversion to a pipe-line shall be treated as the construction of a separate pipe-line, and (b) if the diversion is to a nationally significant pipe-line but the length of that pipe-line which is being diverted has not been constructed, the construction of the diversion shall be treated as the construction of a cross-country pipe-line whatever the length of the diversion. (1B) For the purposes of subsection (1A), a pipe-line is a nationally significant pipe-line if— (a) its construction has been authorised by a pipe-line construction authorisation, or (b) development consent under the Planning Act 2008 is required for its construction by virtue of section 14(1)(g) of that Act, and has been granted. (2) The Minister, on an application for a pipe-line construction authorisation, shall have power in his discretion to grant the application or to refuse it. (3) The provisions of Part I of the First Schedule to this Act shall have effect with respect to the making of applications for pipe-line construction authorisations, for the purpose of securing that opportunities are afforded for the making of objections to such applications and to any modifications subject to which they may be granted and with respect to other related matters therein mentioned. (4) If, after a pipe-line construction authorisation has been granted, the execution of the works whose execution is authorised thereby has not been substantially begun at the expiration of twelve months from the date on which it was granted, or at the expiration of any extension of that period which the Minister may allow, the authorisation shall become of no effect, except as regards works previously executed. (5) The Minister shall not allow any extension under the last foregoing subsection of the time within which the execution in any land of the works whose execution is authorised by a pipe-line construction authorisation must be begun unless he is satisfied that notice of the making of the application for the extension has been given to every owner, lessee and occupier (other than tenants for a month or any period less than a month) of the landevery person who falls within subsection (6) and that sufficient time has elapsed to allow every person to whom the notice was given an opportunity of making to the Minister written objection to the application. (6) A person falls within this subsection if he is— (a) an owner, lessee, tenant (whatever the tenancy period) or occupier of the land; (b) a person to whom the applicant would, if it were proceeding to purchase that land under section 5(1) of the Compulsory Purchase Act 1965, be required to give notice to treat, or (c) a person who the applicant thinks would be likely to be entitled to make a claim for compensation under section 10 of that Act if that land were purchased under a compulsory purchase order, so far as he is known to the applicant after making diligent inquiry.

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4 Power of the Minister to secure the removal of works executed in contravention of section 1.

(1) If works are executed in land in contravention of subsection (1) of section one of this Act . . ., the Minister may serve on the person who executed them a notice requiring him to remove them. (2) If a person on whom a notice is served under the foregoing subsection fails, before the expiration of six weeks from the date on which the notice was served, or such longer period (not exceeding twelve months from that date) as the Minister may on his application allow, to comply with the requirement imposed by the notice, the Minister may enter and remove the works in question and may recover from the person in default, in any court of competent jurisdiction, the expenses reasonably incurred by the Minister in so doing. (3) A person shall not begin to remove any works in any land in compliance with a notice under subsection (1) of this section, and the Minister shall not enter, or begin to remove any works in, any land in exercise of the power conferred on him by the last foregoing subsection, except after seeking consultation with every owner, lessee and occupier of the land (except tenants for a month or any period less than a month)every person who falls within subsection (3A). (3A) A person falls within this subsection if he is— (a) an owner, lessee, tenant (whatever the tenancy period) or occupier of the land; (b) a person to whom the applicant would, if it were proceeding to purchase that land under section 5(1) of the Compulsory Purchase Act 1965, be required to give notice to treat, or (c) a person who the applicant thinks would be likely to be entitled to make a claim for compensation under section 10 of that Act if the land were purchased under a compulsory purchase order, so far as he is known to the applicant after making diligent inquiry. (4) Where, in consequence of compliance with a requirement to remove any works imposed by a notice under subsection (1) of this section or of the exercise of the power to enter and remove any works conferred by subsection (2) thereof, a person, other than the person who executed the works, suffers loss by reason of damage to, or disturbance in the enjoyment of, any land or chattels, he shall be entitled, where the loss was suffered in consequence of such compliance, to compensation in respect of that loss from the person who executed the works, or, where the loss was suffered in consequence of the exercise of that power, to compensation in respect of that loss from the Minister; and the Minister may recover from the person who executed the works, in any court of compentent jurisdiction, the amount of any compensation paid by the Minister under this subsection. (5) The service of a notice under subsection (1) of this section in consequence of a contravention of subsection (1) of section one of this Act shall be without prejudice to the taking of proceedings under that subsection in respect of the contravention.

5 Provisions with respect to planning permission concerning pipe-lines.

(1) Upon granting a pipe-line construction . . . authorisation or serving a notice under the last foregoing section the Minister may direct that, in so far as the execution of the works whose execution is authorised by, or by virtue of, the authorisation, or any change in the use of land which is involved in the execution of those works, constitutes development within the meaning of the Town and Country Planning Act 1971, or, as the case may be, in so far as the removal of the works required by the notice to be removed, or any change in the use of land which is involved in the removal, constitutes such development, permission for that development shall be deemed to be granted under Part III of that Act, subject to such (if any) conditions as may be specified in the directions, being conditions of a kind that could have been imposed by the Secretary of State had the permission been granted by him on an application referred to him under section fifteen of that Act. (2) For the purposes of the said Act of 1971, the execution of works for the purpose of inspecting, maintaining, adjusting, repairing, altering or renewing a pipe-line (including the breaking open of any street or other land for that purpose) shall be deemed not to involve the development of land. (3) In the application of this section to Scotland, for references to the said Act of 1971, to Part III of that Act and to section 35 thereof there shall be substituted respectively references to the Town and Country Planning (Scotland) Act 1972, to Part III of that Act and to section 32 thereof , and for the references to the Minister of Housing and Local Government there shall be substituted references to the Secretary of State.

6 Power of the Minister to direct that section 1, instead of section 2, shall apply to local pipe-lines.

(1) The Minister shall have power (exercisable by statutory instrument) by order to direct— (a) that section one of this Act shall, . . .apply to works for the construction of local pipe-lines of a class specified in the order (other than pipe-lines for whose construction works have lawfully been begun, or might lawfully have been begun, before the date on which the order comes into operation) as it applies to works for the construction of cross-country pipe-lines; or (b) that section one of this Act shall, . . .apply to works for the construction of local pipe-lines any part of the route taken by which lies within an area specified in the order or within an area of such class as is so specified (other than pipe-lines for whose construction works have lawfully been begun, or might lawfully have been begun, before the date on which the order comes into operation) as it applies to works for the construction of cross-country pipe-lines. (2) No order shall be made under this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament.

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9 Provisions for securing that a pipe-line is so constructed as to reduce necessity for construction of others.

(1) Where— (a) application is made to the Minister for the grant of a pipe-line construction authorisation for the construction of a pipe-line to be designed for the conveyance of a particular kind of thing or of things of a particular class, and (b) the Minister is satisfied that there is evidence of demand existing or likely to arise for the grant of such authorisations for the construction of further pipe-lines to be designed for the conveyance of that kind of thing or, as the case may be, things of that class, and (c) the Minister is also satisfied that the routes to be taken by the further lines will severally be, as to the whole or any part thereof, the same or substantially the same as the route or any part of the route to be taken by the line to which the application relates, he may, if he grants the application, grant it subject to the condition that the line to be constructed pursuant to the application or any length of that line specified in the authorisation shall be so constructed as to be capable of conveying, during such period as may be so specified, not less than such quantity as may be so specified of the kind of thing in question or, as the case may be, things of the class in question. (1A) Subsections (2), (3) and (5) of this section apply only to pipe-lines constructed pursuant to a pipe-line construction authorisation which are not an upstream petroleum pipe-line, a gas pipe-line or a gas interconnector, and references in those subsections to “pipe-line” and “line” shall be construed accordingly. (2) The Minister may at any time, by notice served on the owner of a pipe-line constructed pursuant to a pipe-line construction authorisation to which a condition is attached by virtue of subsection (1), impose such requirements as he thinks it necessary or expedient to impose for all or any of the following purposes, namely,— (a) securing to persons other than the owner of the line the right to have conveyed by the line or, as the case may be, by any length of it specified in the authorisation by virtue of that subsection, the kind of thing specified in the authorisation or, as the case may be, things of the class so specified; (b) regulating the charges to be made for the conveyance by the line or, as the case may be, by that length thereof, on behalf of persons other than the owner of the line of that kind of thing or, as the case may be, things of that class; (c) securing that the exercise of a right secured by virtue of paragraph (a) of this subsection is not prevented or impeded; but requirements imposed for the purpose specified in paragraph (a) of this subsection shall be so framed as, in the Minister’s opinion, to secure that compliance therewith will not prejudice the proper and efficient operation of the line for the purpose of the conveyance on behalf of the owner thereof, in the quantity required by him, of the kind of thing, or things of the class, which it is designed to convey. (3) A notice served under the last foregoing subsection with reference to a pipe-line may authorise the owner thereof to recover, from persons to whom a right is secured by the notice by virtue of paragraph (a) of that subsection, payments of such amounts as may be determined in accordance with provisions in that behalf contained in the notice, being payments in consideration of that right’s being secured to them. (4) Where a pipe-line constructed pursuant to a pipe-line construction authorisation to which a condition is attached by virtue of subsection (1) of this section is constructed without conformity to that condition, the works for the construction of the line shall be deemed, for the purposes of the foregoing provisions of this Act, to have been executed in contravention of subsection (1) of section one of this Act. (5) If the owner of a pipe-line fails to comply with a requirement imposed by a notice served under subsection (2) of this section with reference to the line he shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 5 on the standard scale; and, if the failure continues after his conviction, he shall be guilty of a further offence and liable, in respect thereof, to a fine not exceeding twenty-five pounds for each day on which the failure continues. (6) This section does not apply where the application for the grant of a pipe-line construction authorisation relates to the construction of— (a) a diversion, or (b) a carbon dioxide pipe-line. (7) Where a gas pipe-line is proposed to be constructed pursuant to a pipe-line construction authorisation to which a condition is attached by virtue of subsection (1), any person other than the applicant for the pipe-line construction authorisation may make applications under section 10 and, if applicable, section 10C in respect of the proposed pipe-line, and those sections and section 10B shall have effect as if references to a pipe-line were references to the pipe-line as it would be once constructed in accordance with the condition, and as if references to the owner of the pipe-line were references to the proposed owner of it. (8) Where an upstream petroleum pipe-line is proposed to be constructed pursuant to a pipe-line construction authorisation to which a condition is attached by virtue of subsection (1), any person other than the applicant for the pipe-line construction authorisation may make with respect to the proposed pipe-line— (a) an application of a kind mentioned in subsection (1)(a) of section 82 of the Energy Act 2011 (acquisition of rights to use upstream petroleum infrastructure), and (b) if applicable, an application under subsection (4) of that section. (9) For the purposes of an application made with respect to a proposed pipe-line by virtue of subsection (8)— (a) sections 82 and 83 of the Energy Act 2011 shall have effect as if— (i) references to a pipe-line were references to the proposed pipe-line as it would be once constructed in accordance with the condition attached by virtue of subsection (1) of this section; (ii) references to the owner of a pipe-line were reference to the proposed owner of the proposed pipeline; (b) section 84 of the Energy Act 2011 shall be disregarded.

9A Provisions for securing that an additional pipe-line is so constructed as to reduce necessity for construction of other pipe-lines—.

(1) Where— (a) application is made for the grant of planning permission for the construction of an additional pipe-line to be designed for the conveyance of a particular kind of thing or of things of a particular class, and (b) the Secretary of State is satisfied that there is evidence of demand existing or likely to arise for the grant of planning permission or pipe-line construction authorisations for the construction of further pipe-lines to be designed for the conveyance of that kind of thing or, as the case may be, things of that class, and (c) the Secretary of State is also satisfied that the routes to be taken by the further lines will severally be, as to the whole or any part thereof, the same or substantially the same as the route or any part of the route to be taken by the line to which the application relates, he may, at any time before planning permission for the construction of the additional pipe-line is granted, by notice served on the person who made the application for planning permission, direct that the line to be constructed pursuant to the application or any length of that line specified in the notice shall be so constructed as to be capable of conveying, during such period as may be so specified, not less than such quantity as may be so specified of the kind of thing in question or, as the case may be, things of the class in question. (1ZA) This section does not apply where the application for the grant of planning permission relates to the construction of a carbon dioxide pipe-line. (1A) Subsections (2), (3) and (5) apply only to additional pipe-lines which are not an upstream petroleum pipe-line, a gas pipe-line or a gas interconnector, and references in those subsections to “pipe-line” and “line” shall be construed accordingly. (2) The Secretary of State may at any time, by notice served on the owner of an additional pipe-line in respect of which a notice under subsection (1) of this section was served, impose such requirements as he thinks it necessary or expedient to impose for all or any of the following purposes, namely,– (a) securing to persons other than the owner of the line the right to have conveyed by the line or, as the case may be, by any length of it specified in the notice by virtue of that subsection, the kind of thing specified in the notice or, as the case may be, things of the class so specified; (b) regulating the charges to be made for the conveyance by the line or, as the case may be, by that length thereof, on behalf of persons other than the owner of the line of that kind of thing or, as the case may be, things of that class; (c) securing that the exercise of a right secured by virtue of paragraph (a) of this subsection is not prevented or impeded; but requirements imposed for the purpose specified in paragraph (a) of this subsection shall be so framed as, in the Secretary of State’s opinion, to secure that compliance therewith will not prejudice the proper and efficient operation of the line for the purpose of the conveyance on behalf of the owner thereof, in the quantity required by him, of the kind of thing, or things of the class, which it is designed to convey. (3) A notice served under subsection (2) of this section with reference to an additional pipe-line may authorise the owner thereof to recover, from persons to whom a right is secured by the notice by virtue of paragraph (a) of that subsection, payments of such amounts as may be determined in accordance with provisions in that behalf contained in the notice, being payments in consideration of that right’s being secured to them. (4) Where an additional pipe-line in respect of which a notice is served under subsection (1) of this section is constructed without conformity to that notice, the works for the construction of the line shall be deemed, for the purposes of the foregoing provisions of this Act, to have been executed in contravention of subsection (1) of section one of this Act. (5) If the owner of a pipe-line fails to comply with a requirement imposed by a notice served under subsection (2) of this section with reference to the line he shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 5 on the standard scale; and, if the failure continues after his conviction, he shall be guilty of a further offence and liable, in respect thereof, to a fine not exceeding twenty-five pounds for each day on which the failure continues. (6) In this section “planning permission” means permission under Part III or, in relation to England, Part 13 of the Town and Country Planning Act 1990 or under Part III of the Town and Country Planning (Scotland) Act 1997. (7) Where a gas pipe-line which is an additional pipe-line is proposed to be constructed, and the Secretary of State has served a notice in respect of the pipe-line under subsection (1) on the person who made the application for planning permission, any other person may make applications under section 10 and, if applicable, section 10C in respect of the proposed pipe-line, and those sections and section 10B shall have effect as if references to a pipe-line were references to the pipe-line as it would be once constructed in accordance with the condition, and as if references to the owner of the pipe-line were references to the proposed owner of it. (8) Where an upstream petroleum pipe-line which is an additional pipe-line is proposed to be constructed, and the Secretary of State has served a notice in respect of the pipe-line under subsection (1) on the person who made the application for planning permission, any other person may make with respect to the proposed pipe-line— (a) an application of a kind mentioned in subsection (1)(a) of section 82 of the Energy Act 2011 (acquisition of rights to use upstream petroleum infrastructure), and (b) if applicable, an application under subsection (4) of that section. (9) For the purposes of an application made with respect to a proposed pipe-line by virtue of subsection (8)— (a) sections 82 and 83 of the Energy Act 2011 shall have effect as if— (i) references to a pipe-line were references to the proposed pipe-line as it would be once constructed in accordance with the notice served under subsection (1) of this section; (ii) references to the owner of a pipe-line were reference to the proposed owner of the proposed pipeline; (b) section 84 of the Energy Act 2011 shall be disregarded.

10 Provisions for securing that a pipe-line is so used as to reduce necessity for construction of others.

(1) An application with respect to (a) a gas pipe-line; or (b) any other pipe-line which— (i) is constructed pursuant to a pipe-line construction authorisation; and (ii) does not fall within subsection (1A); (1A) The following pipe-lines fall within this subsection— (a) an upstream petroleum pipe-line; (b) a carbon dioxide pipe-line; (c) a pipe-line comprised in a gas interconnector. (2) Where an application with respect to a pipe-line is made under subsection (1) to the Minister he shall serve on the owner of the line and the applicant notice of the time (being some time not less than twenty-one days from the date of the service of the notice) at which the question of conferring on the applicant the right sought by him will be considered by the Minister, and the owner and the applicant shall be entitled to be heard when that question is so considered. (3) If after taking the question aforesaid into consideration the Minister is satisfied that the line could, without prejudice to the proper and efficient operation thereof for the purpose of the conveyance on behalf of the owner thereof, in the quantity required by him, of the kind of thing, or things of the class, which it is designed to convey, be so operated as to permit of the conveyance thereby on behalf of the applicant of the kind of thing, or things of the class, the right to the conveyance of which is sought by the applicant, he shall declare that he is so satisfied. (4) Where the Minister makes under the last foregoing subsection a declaration with respect to a pipe-line he may by notice served on the owner of the line impose such requirements as he thinks it necessary or expedient to impose for all or any of the following purposes, namely,— (a) securing to the person whose application resulted in the making of the declaration the right to have conveyed by the line the kind of thing to which the application related or, as the case may be, things of the class to which it related; (b) regulating the charges to be made for the conveyance by the line on behalf of that person of that kind of thing or, as the case may be, things of that class; (c) securing that the exercise of a right secured by virtue of paragraph (a) of this subsection is not prevented or impeded; but requirements imposed for the purpose specified in paragraph (a) of this subsection shall be so framed as, in the Minister’s opinion, to secure that compliance therewith will not prejudice the proper and efficient operation of the line for the purpose mentioned in subsection (3) of this section. (5) A notice served under the last foregoing subsection with reference to a pipe-line may authorise the owner thereof to recover, from the person to whom a right is secured by the notice by virtue of paragraph (a) of that subsection, payments of such amounts as may be determined in accordance with provisions in that behalf contained in the notice, being payments in consideration of the right’s being secured to him. (6) If the owner of a pipe-line fails to comply with a requirement imposed by a notice served under subsection (4) of this section with reference to the line he shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 5 on the standard scale; and, if the failure continues after his conviction, he shall be guilty of a further offence and liable, in respect thereof, to a fine not exceeding twenty-five pounds for each day on which the failure continues. (7) An additional pipe-line other than a gas pipe-line shall be treated as a pipe-line constructed pursuant to a pipe-line construction authorisation for the purposes of this section. (8) Any diversion to a pipe-line constructed pursuant to a pipe-line construction authorisation (or treated as so constructed) shall be treated as part of that pipe-line for the purposes of this section. Accordingly, a diversion which required such an authorisation shall be treated for those purposes as constructed pursuant to the pipe-line construction authorisation of the pipe-line it is diverting.

10A Diversions of pipe-lines subject to requirements under section 9 or 10

(1) A length of pipe-line– (a) in respect of which any condition has been imposed under section 9(1) or a notice has been served under section 9A(1); and (b) which is to be diverted, shall continue for the purposes of and after the diversion to be subject to any condition or any direction contained in any such notice. (2) A pipe-line in respect of which any requirements have been imposed by virtue of a notice served under section 9(2), 9A(2) or 10(4) which is subsequently diverted, shall continue to be subject to such requirements after the diversion. (3) This section applies to a diversion which exceeds 16.093 kilometres as well as to a diversion which does not exceed that length.

10B Application of section 10C to certain gas pipe-lines.

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10C Additional provisions relating to certain gas pipe-lines.

(1) The owner of a gas pipe-line ...— (a) shall publish at least once in every year the main commercial conditions relating to the grant to another person of a right to have gas conveyed in the pipe-line on that person’s behalf; and (b) shall publish any changes to the published conditions as soon as they become effective. (2) In subsection (1) “year” means any year ending with 9 August. (3) The owner of a ... gas pipe-line shall ensure that the conditions which he is required to publish under subsection (1) do not discriminate against any applicants or descriptions of applicants, or any potential applicants or descriptions of potential applicants, for a right to have gas conveyed in the pipe-line. (4) Any person who seeks a right to have gas conveyed on his behalf in a ... gas pipe-line (“the applicant”) shall, before making an application to the Secretary of State under section 10, apply to the owner of the pipe-line by giving him notice of what is being sought. (5) Such a notice shall, in particular, specify— (a) the kind of gas to be conveyed (which must be of the kind the pipe-line is designed to convey); and (b) the quantities of gas to be conveyed. (6) Where an applicant gives notice under subsection (4), he and the owner of the pipe-line shall negotiate in good faith and endeavour to reach agreement on the application. (7) If the owner and the applicant do not reach any such agreement, the applicant may make an application to the Secretary of State under section 10 with respect to the pipe-line. (8) The Secretary of State shall not entertain such an application under section 10 unless he is satisfied that the parties have had a reasonable time in which to fulfil their duties under subsection (6). (9) For the purpose of considering an application under section 10 with respect to a ... gas pipe-line, the Secretary of State may by notice require the owner or the applicant to provide him with such financial information relating to the owner’s or applicant’s activities with respect to ... gas pipe-lines as he may specify or describe in the notice. (10) The Secretary of State shall not disclose to any person information obtained under subsection (9) without the consent of the person by or on behalf of whom it was provided, unless he is required to do so by virtue of any obligation imposed on him by or under any enactment. (11) In this section “main commercial conditions” means— (a) such information as would enable a potential applicant for a right to have gas conveyed in a ... gas pipe-line to make a reasonable assessment of the cost of, or the method of calculating the cost of, acquiring that right; (b) the other significant terms on which such a right would be granted; and (c) such other information as the Secretary of State may from time to time specify by notice.

10D Enforcement of certain duties in section 10C.

(1) The duty in section 10C(6) shall be a duty owed to any person who may be affected by a failure to comply with it. (2) Where a duty is owned by virtue of subsection (1) to any person, any breach of the duty which causes that person to sustain loss or damage shall be actionable at the suit or instance of that person. (3) In any proceedings brought against a person in pursuance of subsection (2), it shall be a defence for him to prove that he took all reasonable steps and exercised all due diligence to avoid contravening the duty. (4) Compliance with the duties in section 10C(1) and (3) shall be enforceable by civil proceedings by the Secretary of State for an injunction or interdict or other appropriate relief or remedy.

10E Provisions for securing that upstream petroleum pipe-lines are so used as to reduce necessity for construction of others.

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10F Section 10E: supplemental.

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10G Compulsory modifications of pipe-lines

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10H Enforcement

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11 Orders for compulsory acquisition of land for pipe-line construction.

(1) A person proposing to execute works in land for the placing therein of a pipe-line or a length of a pipe-line may, by means of an order made by the Minister (in this Act referred to as a “compulsory purchase order”), be authorised to purchase compulsorily land described in the order which is required by him as the site of any of the works. (2) The Minister, on an application for a compulsory purchase order, shall have power in his discretion to grant the application or to refuse it. (3) The provisions of Part I of the Second Schedule to this Act shall have effect with respect to the making of applications for compulsory purchase orders, for the purpose of securing that opportunities are afforded for the making of objections to such applications, with respect to any modifications subject to which such orders may be made, for limiting the rights of persons to question the validity of such orders, and with respect to other related matters therein mentioned. (4) The provisions of the Third Schedule to this Act shall apply to a compulsory purchase order for the purpose of rendering it effectual and of modifying the Land Compensation Act 1961, in relation to the assessment of compensation payable in consequence of the purchase, by virtue of such an order, of any land. (5) A compulsory purchase order shall be subject to special parliamentary procedure. (6) In the application of this section to Scotland, for the reference to the Land Compensation Act 1961, there shall be substituted a reference to the Land Compensation (Scotland) Act 1963.

12 Orders for compulsory acquisition of rights over land for pipe-line construction.

(1) A person proposing to execute works in land for the placing therein of a pipe-line or a length of a pipe-line may, by means of an order made by the Minister (in this Act referred to as a “compulsory rights order”), be authorised, subject to any conditions attached thereto under section 13 , to place the line or length in land described in the order, to use the line or length, to execute in that land any other pipe-line works becoming necessary for the purpose of placing the line or length in that land or in consequence of its being placed there, and to exercise in relation to the line or length such of the rights mentioned in the Fourth Schedule to this Act as may be specified in the order. (2) The Minister, on an application for a compulsory rights order under this section , shall have power in his discretion to grant the application or to refuse it. (3) The provisions of Part I of the Second Schedule to this Act shall, subject to the modifications specified in Part II of that Schedule, have effect with respect to the making of applications for compulsory rights orders under this section , for the purpose of securing that opportunities are afforded for the making of objections to such applications, with respect to any modifications subject to which such orders may be made, for limiting the rights of persons to question the validity of such orders, and with respect to other related matters therein mentioned. (4) A compulsory rights order under this section shall, after the placing of the line or length thereby authorised to be placed, enure for the benefit of the owner for the time being of the line. (5) If– (a) any such pipe-line or length of a pipe-line as has been placed in land by virtue of a compulsory rights order under this section is diverted from the land comprised in the order or is abandoned; or (b) a pipe-line construction authorisation relating to a pipe-line or length of a pipe-line to be placed in land in pursuance of a compulsory rights order under this section becomes of no effect by virtue of subsection (4) of section one of this Act, the Secretary of State may by order revoke the compulsory rights order to the extent to which it appears to him to have become unnecessary in consequence of the diversion or abandonment or of the authorisation’s so becoming of no effect. (5A) The Secretary of State mayalso, at any time, by order revoke a compulsory rights order under this section in whole or in part in pursuance of an application in that behalf made to him by the person for whose benefit the compulsory rights order for the time being enures; but the revocation of a compulsory rights order under this section shall not affect the previous operation thereof. (6) A compulsory rights order under this section shall not affect any right over the land comprised in the order which would not have been affected had that land been compulsorily purchased by virtue of a compulsory purchase order, nor shall it authorise disregard of any enactment or of any instrument having effect by virtue of any enactment or be taken to confer a right of support for the pipe-line or length of pipe-line placed, by virtue of the order, in the said land. (7) A compulsory rights order under this section shall be subject to special parliamentary procedure.

12A Orders for compulsory acquisition of rights over land: pipe-lines for conveying carbon dioxide

(1) This section applies in relation to a pipe-line (or a length of a pipe-line) that is intended to be converted into a pipe-line (or length) used for conveying carbon dioxide. (2) The owner of the pipe-line may apply to the Secretary of State for an order under subsection (3) in relation to land in which the pipe-line (or a length of the pipe-line) is situated. (3) An order under this subsection is an order authorising the owner of the pipe-line to do one or more of the following— (a) to use the pipe-line (or length of the pipe-line) in the land described in the order to convey carbon dioxide; (b) to execute pipe-line works in the land which are necessary in consequence of the presence of the pipe-line (or length) in the land; (c) to execute pipe-line works in the land to enable the pipe-line (or length) to be used to convey carbon dioxide or in consequence of its use to convey carbon dioxide; (d) to exercise, in relation to the pipe-line (or length), such of the rights mentioned in Schedule 4 as may be specified in the order. An order under this subsection is referred to in this Act as a “compulsory rights order”. (4) A compulsory rights order under this section may be made subject to conditions (see section 13). (5) On receiving an application under subsection (2), the Secretary of State may grant or refuse the application. (6) Part 1 of Schedule 2, as modified by Part 2 of that Schedule, has effect in relation to applications for compulsory rights orders under this section. (7) A compulsory rights order under this section enures for the benefit of the owner for the time being of the pipe-line. (8) The Secretary of State may by order revoke a compulsory rights order under this section, in whole or in part, if— (a) the pipe-line (or length of the pipe-line) is diverted from the land described in the order, (b) the pipe-line (or length) is abandoned, (c) the pipe-line (or length) ceases to be used to convey carbon dioxide, or (d) the owner of the pipe-line makes an application for the revocation of the order. (9) A compulsory rights order under this section does not affect any right over the land described in the order that would not have been affected had the land been compulsorily purchased by virtue of a compulsory purchase order. (10) A compulsory rights order under this section does not authorise the disregard of any enactment or of any instrument having effect by virtue of any enactment. (11) A compulsory rights order under this section is not to be taken to confer a right of support for the pipeline (or length of pipeline). (12) A compulsory rights order under this section is to be subject to special parliamentary procedure. (13) For the purposes of this section, “carbon dioxide” includes any substance consisting primarily of carbon dioxide.

13 Power of Minister to attach conditions to compulsory rights orders.

(1) The Minister may, if he grants an application for a compulsory rights order, attach to it such conditions as he thinks fit (other than a condition for securing a matter that may be secured under the provisions of this Act or the Health and Safety at Work etc. Act 1974 relating to the safety of pipe-lines) with respect to— (a) the manner, method or timing of the execution of pipe-line works authorised by the order; (b) the execution, and the manner, method or timing of the execution, of works which it appears to him are or will be requisite or desirable prior to or in consequence of the execution of pipe-line works authorised by the order, or in consequence of a failure to comply with any such condition as has effect by virtue of the foregoing paragraph; (c) in a case where the order authorises a pipe-line or length thereof to be placed in land of which the owners are statutory undertakers, being operational land, the execution and the manner, method or timing of the execution, of works which it appears to him are or will be requisite or desirable in consequence of the pipe-line’s or length’s being situated in such land; (d) without prejudice to the generality of the foregoing paragraphs, the execution of works referred to in any of those paragraphs by or under the supervision of the owners of land comprised in the order; (e) the payment of costs of the execution of any works or carrying out any other requirements to which a condition having effect by virtue of this section relates; (f) the settlement of any dispute arising in consequence of any such condition as aforesaid; and any conditions attached to a compulsory rights order under this section shall be set out in a schedule to the order. (2) Subject to the next following subsectionsubsection (3), the Minister may at any time on the application of an owner, lessee or occupier (except a tenant for a month or any period less than a month) of land comprised in a compulsory rights order, or of the person for whose benefit such an ordera person who falls within subsection (2A), or of the person for whose benefit a compulsory rights order for the time being enures, or of his own motion, by order vary the first-mentioned order— (a) where the first-mentioned order has effect without conditions, by attaching thereto a condition with respect to any of the matters referred to in the foregoing subsection; (b) where the first-mentioned order has effect subject to conditions, by revoking or varying any of them or by attaching thereto further such conditions as aforesaid. (2A) A person falls within this subsection if he is an owner, lessee, tenant (whatever the tenancy period) or occupier of land comprised in a compulsory rights order. (3) It shall be a condition precedent to the making of an order under the last foregoing subsection that, in the case of an order for which an application is made, the applicant, or, in any other case, the Minister, shall have served on every person concerned (other than the applicant in such a case as is first above mentioned) notice, in the prescribed form, stating the effect of the order and specifying the time (not being less than twenty-one days from the date of service of the notice) within which and the manner in which objection to the making of the order may be made to the Minister; and where an objection is duly made by a person on whom the notice has been served, and is not withdrawn, the Minister shall not make the order without affording to the objector an opportunity of being heard by him, and if the objector avails himself of that opportunity, the Minister shall afford to the applicant (in the case of an order for which an application is made under the last foregoing subsection) and any other person to whom it appears to the Minister expedient to afford it, an opportunity of being heard on the same occasion. (4) Upon the making of an order under subsection (2) of this section, in the case of an order made on an application, the applicant, or, in any other case, the Minister, shall take such steps for notifying the persons concerned as the Minister may direct, or, as the case may be, shall think fit. (5) If any works are executed in contravention of a condition attached to a compulsory rights order under this section, the person executing them, or, in the event of a failure by a person to comply with a requirement to carry out any works imposed on him by such a condition, that person, shall be guilty of an offence and liable— (a) on summary conviction, to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding three months, or to both such fine and such imprisonment; (b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both a fine and such imprisonment. (6) In this section the following expressions have the meanings hereby assigned to them respectively,— “operational land”, in the application of this section to England and Wales, has the same meaning as in the Town and Country Planning Act 1971, and, in the application of this section to Scotland, has the same meaning as in the Town and Country Planning (Scotland) Act 1972; “persons concerned” means, in relation to a variation of a compulsory rights order, the person for whose benefit the order for the time being enures, and every owner, lessee and occupier (other than a tenant for a month or a period less than a month)every owner, lessee, tenant (whatever the tenancy period) or occupier of any land appearing to the Minister to be affected by the variation. (7) If any question arises, in relation to this section, whether land of statutory undertakers is operational land as defined by this section, that question shall be determined by the appropriate Minister. (8) The power conferred by subsection (2) of this section to make orders shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

14 Compensation in respect of compulsory rights orders.

(1) If a person entitled to an interest in land which comprises, or is held with, land to which a compulsory rights order applies, being an interest subsisting at the time when the order was made, proves that the value of his interest is depreciated by reason of the making of the order, the person in whose favour the order was made shall pay him compensation equal to the amount of the depreciation. (2) Where in consequence of the exercise of any right conferred by a compulsory rights order a person suffers loss by reason of damage to, or disturbance in the enjoyment of, any land or chattels, he shall be entitled to compensation in respect of that loss from the person in whose favour the order was made or, where the owner of the pipe-line is not that person and the right in consequence of the exercise of which the loss was suffered was exercised by that owner, from that owner.

15 Power to place pipe-lines in streets.

(1) Subject to the provisions of this section, any person may place a pipe-line in a street or, in Scotland, road with the consent of the appropriate authority for that street or, in Scotland, road and for that purpose and the purpose of works of the following kinds, that is to say,— (a) inspecting, maintaining, adjusting, repairing, altering or renewing a pipe-line placed in a street or, in Scotland, road in pursuance of this subsection; (b) changing the position of a pipe-line so placed or removing it, may open and break up the street or, in Scotland, road and may remove or use earth or other materials in the street or, in Scotland, road. (2) Where it is proposed that, in exercise in relation to a street or, in Scotland, road of the power conferred by the foregoing subsection, a pipe-line shall be placed along a line crossing the street or, in Scotland, road the appropriate authority for that street or, in Scotland, road shall not withhold their consent under this section unless there are special reasons for doing so. (3) Where it is proposed that, in exercise in relation to a street or, in Scotland, road of the power conferred by subsection (1) of this section, a pipe-line shall be placed otherwise than along a line crossing the street or, in Scotland, road the consent of the appropriate authority for the street or, in Scotland, road shall not be unreasonably withheld, and, for the purposes of this subsection, the withholding of consent shall be treated as reasonable if the owner of the pipe-line fails to show that there is no reasonably practicable alternative to the placing of the pipe-line in accordance with the proposals. (4) The consent under this section of an appropriate authority may be given subject to reasonable conditions, including, without prejudice to the generality of the foregoing words, any one or more of the following conditions, that is to say,— (a) a condition requiring payments to be made to that authority in respect of the placing of the pipe-line in the street or, in Scotland, road and of its being kept there; (b) where the street or, in Scotland, road is a main road— (i) if it is reasonably practicable for the placing of the pipe-line to be carried out by a method which does not involve the opening or breaking up of the street or, in Scotland, road a condition that the placing of the pipe-line shall be carried out by such a method; (ii) if it is reasonably practicable for any such works as are mentioned in paragraph (a) or (b) of subsection (1) of this section to be carried out by such a method as aforesaid, a condition that any such works shall be carried out by such a method; (c) where the street or, in Scotland, road is a highway, not being a main road, and constitutes or comprises a carriageway and it is proposed that the pipe-line shall be placed along a line crossing the street or, in Scotland, road if it is reasonably practicable for any such works as are mentioned in paragraph (a) of subsection (1) of this section to be carried out by a method which does not involve the opening or breaking up of the carriageway, a condition that any such works shall be carried out by such a method; (d) where the street or, in Scotland, road is a highway, not being a main road, and constitutes or comprises a carriageway and it is proposed that the pipe-line shall be placed otherwise than along a line crossing the street or, in Scotland, road— (i) if it is reasonably practicable for the placing of the pipe-line to be carried out by a method which does not involve the opening or breaking up of the carriageway, a condition that the placing of the pipe-line shall be carried out by such a method; (ii) if it is reasonably practicable for any such works as are mentioned in paragraph (a) or (b) of subsection (1) of this section to be carried out by such a method as last aforesaid, a condition that any such works shall be carried out by such a method; and, for the purposes of paragraph (b) of this subsection, the placing of a pipe-line or the carrying out of works by a method which does not involve the opening or breaking up of a street or, in Scotland, road shall be taken to be reasonably practicable unless the owner of the pipe-line shows that such is not the case. (5) The consent of an authority under this section shall not be required for the placing of a pipe-line by way of renewal of an existing pipe-line. (6) Any dispute between the appropriate authority for a street or, in Scotland, road and a person proposing to place a pipe-line in the street or, in Scotland, road in respect of— (a) the withholding of a consent under this section to the placing of the pipe-line in the street or, in Scotland, road otherwise than along a line crossing the street or, in Scotland, road; or (b) the imposition of a condition under this section on the placing of the pipe-line in the street or, in Scotland, road otherwise than as aforesaid, shall be determined by the Minister with the Secretary of State for Transport(as regards England), with the Secretary of State for Wales (as regards Wales) or with the Secretary of State for Scotland (as regards Scotland) acting jointly, and the determination of the said Ministers shall not be impugned on the ground that either of them is himself a party to the dispute. (7) Any dispute between the appropriate authority for a street or, in Scotland, roadand a person proposing to place a pipe-line in the street or, in Scotland, road in respect of— (a) the withholding of a consent under this section to the placing of the pipe-line in the street or, in Scotland, road along a line crossing the street or, in Scotland, road; or (b) the imposition of a condition under this section on the placing of the pipe-line in the street or, in Scotland, road along a line crossing the street or, in Scotland, road, shall be determined by arbitration and, where the Minister of Transport is the appropriate authority, the arbitrator shall be a single arbitrator appointed, in default of agreement between the parties concerned, by the President of the Institution of Civil Engineers. (8) Where a street or, in Scotland, road is carried by or goes under a bridge, subsection (1) of this section shall not authorise the placing of a pipe-line in, under, over, across, along or upon the bridge except in accordance with an agreement to which the authority, body or person in whom the bridge is vested is a party. (9) For the purposes of this section a pipe-line shall be treated as placed along a line crossing a street or, in Scotland, road if it is so placed that at either side of the street or, in Scotland, road an angle, on a horizontal plane, of not more than forty-five degrees is formed between the line of the pipe-line inside the street or, in Scotland, road and a line joining the point at which the line of the pipe-line crosses the side of the street or, in Scotland, road with the point nearest to that point on the opposite side of the street or, in Scotland, road. (10) In this section— “appropriate authority” means— in England and Wales, the street authority within the meaning of Part III of the New Roads and Street Works Act 1991, and in Scotland, the road works authority within the meaning of Part IV of that Act; “carriageway” has the same meaning— in England and Wales, as in the Highways Act 1980, and in Scotland, as in the Roads (Scotland) Act 1984; “main road” means a special road, trunk road or a road classified as a principal road within the meaning of the Highways Act 1980 or the Roads (Scotland) Act 1984; “road”, in Scotland, has the same meaning as in Part IV of the New Roads and Street Works Act 1991; and “street”, in England, has the same meaning as in Part III of that Act. (11) In the application of this section to Scotland— (a) references to a street which is a highway shall be construed as references to a street over which there is a public right of way; (b) the expression “carriageway” means a way (other than a cycle track) over which the public have a right of way for the passage of vehicles; (c) the reference in subsection (6) to the Minister of Transport shall be construed as a reference to the Secretary of State; (d) in subsection (7), for the words from “shall be determined” to the end of the subsection there shall be substituted the words “shall be referred to the arbitration of a single arbiter appointed by agreement between the parties concerned or, in default of agreement, by the sheriff; and in any such arbitration the arbiter may, and, if so directed by the Court of Session, shall, state a case for the decision of that court on any question of law arising in the arbitration”; (e) the reference in subsection (10) to the Minister of Transport shall be construed as including a reference to the Secretary of State.

16 Modification of street works or road works provisions.

(1) In relation to undertakers’ works in exercise of a power conferred by section 15(1) of this Act, the provisions of Part III or IV of the New Roads and Street Works Act 1991 (street works in England and Wales or road works in Scotland) have effect subject to the provisions of this section. (2) The provisions of Schedule 4 or 6 of that Act (settlement of plan and section for works in streets or roads with special engineering difficulties) have effect subject as follows— (a) the period under paragraph 7(2)(b) (period for responding to plan and section as submitted) shall be two months instead of one month; (b) no modification of a plan and section shall be made which would involve a diversion; and (c) a plan and section shall not be disapproved on the ground that there should be such a diversion. (3) An arbitrator or arbiter appointed in pursuance of— (a) paragraph 8(2) of Schedule 4 or 6 of that Act (settlement of plan and section in case of works in street or road with special engineering difficulties), or (b) section 84(3) or 143(3) of that Act (settlement of necessary measures in case of apparatus affected by certain major works), shall not provide for a diversion. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) No person shall be entitled to payment under section 85 or 144 of the New Roads and Street Works Act 1991 (sharing of costs in case of apparatus affected by certain major works) in respect of measures of his taken in connection with a pipe-line.

17 Modification of the code in Part II of the Public Utilities Street Works Act 1950, in its application to pipe-line works in streets.

(1) No person shall be entitled to payment by virtue of section twenty-two of the Public Utilities Street Works Act 1950 (undertakers’ right to payment for works made necessary by, and obligation to facilitate, road etc. works), in respect of works or measures of his executed or taken in connection with a pipe-line. (2) A promoting authority shall not be entitled under subsection (2) of the said section twenty-two to require any lateral diversion of a pipe-line beyond the limits of lateral deviation permissible in relation thereto.

18 Restriction on breaking up, for execution of pipe-line works, highways in London Traffic Area recently closed for repair.

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26A Availability of funds.

(1) The Secretary of State may at any time by notice served on the owner of a pipe-line prohibit the use or testing of the pipe-line, or of any length of the pipe-line, unless there are satisfied such requirements as may be specified in the notice for the purpose mentioned in subsection (2). (2) The purpose referred to in subsection (1) is that of ensuring that funds are available to discharge any liability that may arise in respect of damage attributable to the release or escape of anything from the pipe-line or length. (3) If, before the expiration of twelve weeks from the date on which a notice is served on any person under subsection (1), he serves a counter-notice on the Secretary of State objecting to the notice, the Secretary of State shall afford him an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose. (4) Before the expiration of twelve weeks from the date on which any hearing under subsection (3) is concluded, the Secretary of State shall consider the objection and the report of the person appointed to hear the objector and, by notice served on the objector,— (a) quash the notice objected to, or (b) confirm it without modification, or (c) confirm it with such modification as appears to the Secretary of State to meet the objection. (5) The quashing of a notice served under subsection (1) shall not affect the previous operation of the notice or be taken to prevent the service of a fresh notice. (6) If a pipe-line is used or tested in contravention of a prohibition imposed by a notice under this section then, unless he shows that he used due diligence to avoid contravention, the owner shall be guilty of an offence. (7) A person guilty of an offence under this section shall be liable— (a) on summary conviction, to a fine not exceeding the statutory maximum; (b) on conviction on indictment, to a fine.

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