Pipe-Lines Act 1962

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35 Deposit of maps of pipe-lines with local authorities.

(1) A person to whom a pipe-line construction . . . 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 . . ., 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. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) A person who fails to satisfy an obligation to which he is subject by virtue of subsection (1) above shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 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 . . ., the expression “local authority” means the council of a county, . . . district or . . . borough and includes the Common Council of the City of London, for 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.

36 Notification of abandonment, cesser of use and resumption of use of pipe-lines or lengths thereof.

(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 level 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. (3) This section applies only to pipe-lines constructed pursuant to a pipe-line construction authorisation and to diversions to any such line.

37 Fire-brigades, police, &c., to be notified of certain pipe-line accidents and to be furnished with information.

(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 fireand rescue authority , 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) to 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 sewerage 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 fireand rescue authority , 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) in 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 sewerage 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 level 3 on the standard scale. (4) In this section— (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; (b) “ river purification authority ” means a river purification authority within the meaning of the Rivers (Prevention of Pollution) (Scotland) Act 1951; (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.

38 Notification of change of ownership of pipe-line.

(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 level 3 on the standard scale.

39 Avoidance of obstruction or danger to navigation by pipe-lines over or under harbour waters.

(1) No person shall place a length of pipe-line above or beneath the surface of waters over which a harbour authority have jurisdiction except with the consent of the authority and subject to such (if any) reasonable conditions as they may impose for securing that the length does not constitute an obstruction or danger to navigation. (2) Consent, for the purposes of this section, of a harbour authority shall not be unreasonably withheld, and if a dispute arises— (a) whether consent, for those purposes, of such an authority is unreasonably withheld, or (b) whether conditions imposed under this section by such an authority are reasonable, it shall be referred to and determined by the Secretary of State. (3) A person who contravenes subsection (1) of this section shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale. (4) In this section “harbour authority” has the same meaning as in section 151 of the Merchant ShippingAct1995.

40 Avoidance of interference with telegraphic, &c., lines.

(1) Electrical apparatus forming part of a pipe-line shall be so constructed, installed and used as to prevent interference with any electronic communications apparatus kept installed for the purposes of an electronic communications code network or with the service provided by any such network or with any apparatus used by railway undertakers for the purpose of signalling, or of controlling, directing or securing the safety of, traffic on their railway or the proper functioning of such apparatus. (2) Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code) (which provides a procedure for certain cases where works involve the alteration of electronic communications apparatus) shall apply, for the purposes of works in pursuance of a compulsory rights order, to the person authorised to execute those works.

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43 Preservation of amenity.

Where— (a) a person is formulating proposals for the execution of pipe-line works, or (b) the Minister is considering any such proposals, whether in relation to the grant of a pipe-line construction . . . authorisation or the imposition of conditions under section five of this Act, that person or the Minister, as the case may be, having regard to the desirability of preserving natural beauty, of conserving flora, fauna and geological or physiographic features of special interest, and of protecting buildings and other objects of architectural or historic interest, shall take into account any effect which the proposals would have on the natural beauty of the countryside or on any such flora, fauna, features, buildings or objects, and in so doing shall have particular regard to the desirability of ensuring that things constructed in the course of the execution of the proposed works are kept below ground so far as that is practicable.

44 Protection of water against pollution.

The Minister, in order to determine whether to exercise any of his powers under this Act and in what manner should be exercised any of those powers which he has determined to exercise, shall have constant regard to the need of protecting against pollution any water, whether on the surface or underground, which belongs to any statutory water undertakers or local water authorityScottish Water or which theyor it are for the time being authorised to take.

45 Obligation to restore agricultural land.

(1) A person executing pipe-line works in agricultural land shall be under obligation to secure, so far as is practicable, that upon the completion of the works the land is so restored as to be fit for use for the purpose for which it was used immediately before the execution of the works was begun. (2) If a person executing pipe-line works in agricultural land fails to satisfy an obligation to which he is subject by virtue of the foregoing subsection, a person entitled to an interest in the land may, subject to the next following subsection, if he himself so restores the land as aforesaid, recover, in any court of competent jurisdiction, the expenses reasonably incurred by him in so doing from the first-mentioned person. (3) The right conferred by the last foregoing subsection on a person entitled to an interest in land in the case of any such failure as aforesaid shall be alternative to any right to compensation under any other of the foregoing provisions of this Act in respect of loss suffered by that person by reason of damage to that land in consequence of that failure.

46 Penalties for uttering false documents and giving false information.

A person who— (a) sends to the Secretary of State an application for the grant of a pipe-line construction authorisation or the making of a compulsory purchase or rights order, being an application which he knows to be false in a material particular, or recklessly sends to the Secretary of State such an application which is so false; or (b) in purported compliance with section . . . , thirty-six or thirty-eight of this Act gives a notice which he knows to be false in a material particular or recklessly gives notice which is so false; or (c) in purported compliance with subsection (1) of section thirty-five of this Act or subsection (2) of section thirty-seven thereof sends, deposits or furnishes a document which he knows to be false in a material particular or gives any information which he knows to be so false or recklessly sends, deposits or furnishes a document which is so false or recklessly gives any information which is so false; shall be guilty of an offence and shall be liable— (i) 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; (ii) 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.

47 Provisions as to inquiries and hearings.

(1) Subsections (2) to (5) of section 250 of the Local Government Act 1972 (which provides for the holding of inquiries for the purposes of that Act), shall apply to a public inquiry caused by the Minister to be held in England or Wales under any provision of this Act . . . as they apply to an inquiry held under the said section 250, subject to the following modifications, namely,— (a) for references to a department, there shall be substituted references to the Minister; (b) subsection (4) shall have effect as if references therein to the payment of costs by a local authority not being a party to the inquiry had been omitted; and subsections (4) and (5) of the said section 250 shall, with the like modifications, apply in relation to any hearing caused by the Minister to take place in England or Wales in pursuance of any provision of this Act (otherwise than by way of public inquiry . . . ) as if the hearing were a public inquiry caused by the Minister to be held as aforesaid. (2) Subsections (2) to (9) of section 210 of the Local Government (Scotland) Act 1973 (which relates to local inquiries), shall apply to a public inquiry caused by the Minister to be held in Scotland under any provision of this Act . . . as they apply to a public inquiry held under the said section 210, subject to the following modification, namely, that subsection (7) shall have effect as if references therein to the payment of expenses by a local authority not being a party to the inquiry had been omitted; and subsections (7) and (8) of the said section 210 shall, with (in the case of subsection (7)) the like modification, apply in relation to any hearing caused by the Minister to take place in Scotland in pursuance of any provision of this Act (otherwise than by way of public inquiry . . . ) as if the hearing were a public inquiry caused by the Minister to be held as aforesaid. (3) It shall not be open to a person to impugn the validity of a pipe-line construction . . . authorisation on the ground that an inquiry or hearing under the First Schedule to this Act with respect to . . . the application for the grant of the authorisation was combined with an inquiry or hearing under the Second Schedule to this Act with respect to . . . an application made, by the applicant for the grant of the authorisation, for a compulsory purchase order or compulsory rights order, or to impugn the validity of a compulsory purchase order or compulsory rights order on the ground that an inquiry or hearing under the Second Schedule to this Act with respect to . . . the application for the order was combined with an inquiry or hearing under the First Schedule to this Act with respect to . . . an application made, by the applicant for the order, for the grant of a pipe-line construction . . .authorisation.

48 Determination by tribunal of questions as to compensation.

Any question with regard to a person’s entitlement to compensation under the foregoing provisions of this Act or the amount of compensation to which a person is entitled under those provisions shall, in default of agreement, be determined by , in the application of this Act to England and Wales, the Upper Tribunal or, in the application of this Act to Scotland, the Lands Tribunal for Scotland .

49 Service of documents.

(1) Any document required or authorised by this Act to be given to or served on any person may be given or served either by delivering it to that person, or by leaving it at his proper address, or by the recorded delivery service. (2) Any such document required or authorised to be given to or served on an authority or body being a corporation shall be duly given or served if it is given to or served on the secretary or clerk of the authority or body. (3) For the purposes of this section and of section 7 of the Interpretation Act 1978, in its application to this section the proper address of any person to or on whom any such document as aforesaid is to be given or served shall, in the case of the secretary or clerk of a corporation, be that of the registered or principal office of the corporation, and in any other case be the last-known address of the person to be served: Provided that, where the person to or on whom the document is to be given or served has, in accordance with arrangements agreed or in accordance with regulations made by virtue of the Petroleum and Submarine Pipe-lines Act 1975 furnished an address for the giving or service of the document, being an address in the United Kingdom, his proper address for the purposes aforesaid shall be the address furnished. (4) If the name or the address of any owner, lessee or occupier of land to or on whom any such document as aforesaid is to be given or served cannot after reasonable inquiry be ascertained by the authority, body or person seeking to give or serve the document, the document may be given or served by addressing it to the person to or on whom it is to be given or served by the description of “owner”, “lessee” or “occupier” of the land (describing it) to which the document relates, and by delivering it to some responsible person resident or appearing to be resident on the premises, or, if there is no such person to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises.

50 Provisions as to requirements and prohibitions imposed under this Act.

Any power, exercisable by notice, conferred by this Act on the Minister to impose a requirement or prohibition shall be construed as including a power, exercisable in the like manner, to vary or revoke the requirement or prohibition.

51 Provisions as to ecclesiastical property.

(1) Where under this Act a document is required to be served on an owner of land, and the land is ecclesiastical property, a copy of the document shall be served on the Diocesan Board of Finance for the diocese in which the land is situated, and where under this Act the seeking of consultation with an owner of land is requisite, and the land is ecclesiastical property, the seeking of consultation with the Diocesan Board of Finance for the diocese in which the land is situated shall be requisite also. (2) Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant, it shall be treated for the purposes of an application for a compulsory purchase or rights order in which the property is proposed to be comprised, and of a compulsory purchase of the property in pursuance of a compulsory purchase order, as being vested in the Diocesan Board of Finance for the diocese in which the land is situated, and (in the case of a compulsory purchase) any notice to treat shall be served accordingly. (3) Any compensation falling to be paid under the foregoing provisions of this Act in respect of damage to land that is ecclesiastical property shall, to the extent to which it is payable to the owner of the fee simple in the land, be paid (where the fee simple is vested in any person other than the Diocesan Board of Finance for the diocese in which the land is situated) to it, instead of to that person, and any compensation falling to be paid under those provisions in respect of the depreciation of the fee simple in land that is ecclesiastical property shall (where the fee simple is vested in a person other than the Diocesan Board of Finance for the diocese in which the land is situated) be paid to it instead of to the person in whom the fee simple is vested. (4) Any sums agreed upon or awarded for the purchase, in pursuance of a compulsory purchase order, of the fee simple in land that is ecclesiastical property, or to be paid by way of compensation for damage sustained by reason of severance or injury affecting such land (being severance or injury arising from the purchase of land in pursuance of such an order), shall, instead of being paid as provided by the Lands Clauses Acts, be paid to the Diocesan Board of Finance for the diocese in which the land is situated. (5) Any sums paid under either of the two last foregoing subsections to the Diocesan Board of Finance for the diocese in which the land is situated with reference to any land shall, if the land is not consecrated, be applied by it for the purposes for which the proceeds of a sale by agreement of the fee simple in the land would be applicable under any enactment or Measure authorising such a sale or disposing of the proceeds of such a sale, and if the land is consecrated, be applied by it in such manner as it may determine. (6) In this section the expression “ecclesiastical property” means land belonging to an ecclesiastical benefice of the Church of England, or being or forming part of a church subject to the jurisdiction of the bishop of any diocese of the Church of England or the site of a church so subject, or being or forming part of a burial ground so subject.

52 Reckoning of periods.

For the purposes of this Act in reckoning any period which is therein expressed to be a period before or from a given date, that date shall be excluded.

53 Regulations.

(1) The Minister may make regulations for any purpose for which provision is by this Act authorised to be made by regulations and for prescribing anything which by this Act is required or authorised to be prescribed. (2) The power conferred by the foregoing subsection shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

54 Offences by corporations.

(1) Where a body corporate is guilty of an offence under any of the provisions of this Act (other than section 10H) and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (2) In this section, the expression “director”, in relation to a body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate.

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58 Exclusion of application of Act to, and in relation to, pipe-lines of certain statutory bodies.

(1) The bodies to which this section applies are— (a) a public gas transporter within the meaning of Part I of the Gas Act 1986; (c)—(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (f) the United Kingdom Atomic Energy Authority. (2) Section one of this Act shall not apply to works executed by a body to which this section applies. (3) The following provisions of this Act shall not apply to a body to which this section applies, namely, sections eleven, twelve and fifteen, subsection (1) of section seventeen, and sections twenty, twenty-three, twenty-five, thirty-nine, and forty-five. (4) In the following provisions of this Act, namely, subsection (2) of section seventeen . . . , section twenty-six, section 26A subsection (1) of section twenty-seven, subsection (1) of section thirty-one, subsection (1) of section thirty-three, subsection (1) of section thirty-six, and sections thirty-seven, thirty-eight, forty . . . , references to a pipe-line shall be construed as not including references to a pipe-line vested in a body to which this section applies. (4A) References in sections 9A and 10 of this Act to an additional pipe-line shall be construed as not including references to a pipe-line constructed by and vested in, or proposed to be constructed by and proposed to be vested in, a public gas transporter within the meaning of Part I of the Gas Act 1986. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

58A Avoidance of damage by buildings etc to pipe-lines of a public gas transporter.

(1) Notwithstanding subsection (4) of section 58 of this Act, but subject to subsection (2) of this section, the references to a pipe-line in sections 27(1) and 31(1) of this Act (protection of pipe-lines imperilled by buildings, structures or deposits) shall include references to any pipe-line operated by a public gas transporter other than one laid in a street or a service pipe. (2) The application by virtue of subsection (1) of this section of sections 27(1) and 31(1) of this Act to a particular part of any pipe-line shall be dependent upon there having been previously deposited with every local authority in whose area the part lies by the public gas transporter a map (drawn to an appropriate scale) showing the route taken by the part. (3) A local authority holding a map relating to a pipe-line operated by a public gas transporter shall keep the map at their offices, and shall secure that it is open to inspection by any person at all reasonable times free of charge. (4) In this section— “local authority” means— in England, the council of a county, district or London borough, and the Common Council of the City of London; in Wales, the council of a county or county borough; and in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; “public gas transporter” and “service pipe” have the same meanings as in Part I of the Gas Act 1986; “street” has the same meaning as in Part III of the New Roads and Street Works Act 1991. (5) In relation to any time before 1st April 1996, the definition of “local authority” in subsection (4) of this section shall have effect as if— (a) in paragraph (b), for the words “county borough” there were substituted the word “district”; and (b) in paragraph (c), for the words “a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994” there were substituted the words “an islands or district council”. (6) In its application to Scotland this paragraph shall have effect with the substitution for any reference to a street of a reference to a road within the meaning of Part IV of the New Roads and Street Works Act 1991.

58B Exclusion of application of Act to construction of small pipes.

(1) In relation to the construction, by any person other than a public gas transporter, of a pipe to which this section applies— (a) references in sections 1 to 14 of this Act to a pipe-line shall be construed as not including references to such a pipe; and (b) references in those sections to pipe-line works shall be construed as not including references to works executed in connection with the construction of a such a pipe. (2) This section applies to any pipe— (a) by which any premises are proposed to be connected to a distribution main of a public gas transporter; and (b) by which gas is proposed to be conveyed to premises at a rate which is not expected to exceed 75,000 therms in any period of twelve months. (3) The Secretary of State may, after consulting the Director General of Gas Supply, by order amend subsection (2) above by substituting— (a) where the limit is for the time being expressed by reference to a number of therms— (i) such lower number of therms as he considers appropriate; or (ii) such lower limit, expressed by reference to a number of kilowatt hours, as he considers appropriate; or (b) where the limit is for the time being expressed by reference to a number of kilowatt hours, such lower number of kilowatt hours as he considers appropriate. (4) An order under subsection (3) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (5) In this section “distribution main” and “public gas transporter” have the same meanings as in Part I of the Gas Act 1986. (6) In relation to any time after 31st December 1999, the reference in subsection (2) above to 75,000 therms shall be construed as a reference to 2,196,000 kilowatt hours. (7) This section is without prejudice to anything in section 58 of this Act.

59 Exclusion of application of Act to, and in relation to, certain pipe-lines of railway undertakers, &c.

(1) Section oneof this Act shall not apply to works executed by railway undertakers for the purposes of their business other than the operation of pipe-lines. (2) Sections eleven and twelve of this Act shall not have effect for the purpose of authorising railway undertakers to purchase land for the placing therein of a pipe-line to be constructed for the purposes aforesaid or a length of pipe-line to be so constructed or to place in land a pipe-line to be so constructed or a length of a pipe-line to be so constructed. (3) Section fifteen of this Act shall not operate to empower railway undertakers to place in a street a pipe-line constructed for the purposes aforesaid. (4) In subsection (1) of section twenty of this Act the reference to works in land for the construction of a pipe-line shall be construed as not including a reference to works for the construction of a pipe-line by railway undertakers for the purposes aforesaid. (5) In the following provisions of this Act, namely, section twenty-three, . . . sections twenty-five and twenty-six, section 26A subsection (1) of section twenty-seven, subsection (1) of section thirty-one, subsection (1) of section thirty-three, subsection (1) of section thirty-six and sections thirty-seven, thirty-eight, forty . . . , references to a pipe-line shall be construed as not including a pipe-line vested in railway undertakers for the purposes aforesaid. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

60 Exclusion of application of Act to, and in relation to pipe-lines in factories, mine or quarry premises or petroleum depots.

(1) References in sections one to forty . . . of this Act to a pipe-line shall be construed as not including references to a pipe-line forming part of the equipment of, and situate wholly within, a factory, to a pipe-line forming part of the equipment of, and situate wholly within premises comprised in, a mine or quarry, or to a pipe-line forming part of the equipment of, and situate wholly within, a petroleum depot, . . . (2) References in the said sections one to forty of this Act to a pipe-line shall be construed as not including references— (a) to so much of a pipe-line forming part of the equipment of, and situate partly within and partly outside a factory, as is situate within the factory. (b) to so much of a pipe-line forming part of the equipment of, and situate partly within and partly outside premises comprised in, a mine or quarry, as is situate within those premises, or (c) to so much of a pipe-line forming part of the equipment of, and situate partly within and partly outside, a petroleum depot, as is situate within the depot; and in computing for the purposes of this Act the length of a pipe-line that is or will be one to which the foregoing provisions of this subsection apply there shall be disregarded so much of the line as is or will be situate within, as the case may be, the factory of whose equipment it forms or will form part, the premises comprised in the mine or quarry of whose equipment it forms or will form part or the petroleum depot of whose equipment it forms or will form part. (3) In this section— (a) “factory” has the same meaning as in the Factories Act 1961; (b) “mine” and “quarry” have the same meanings as in the Mines and Quarries Act 1954; (c) “petroleum depot” means premises used or appropriated for use wholly or mainly for the storage of petroleum spirit and includes a petroleum filling station, and “petroleum filling station” and “petroleum spirit” have the meanings assigned to these expressions respectively by section twenty-three of the Petroleum (Consolidation) Act 1928.

61 Exclusion of application of Act to, and in relation to, dock, &c., pipe-lines.

References in sections one to forty . . . of this Act to a pipe-line and to pipe-line works shall be construed as respectively not including references to a pipe-line wholly situate in premises to which certain provisions of the Factories Act 1961, apply by virtue of subsection (1) of section one hundred and twenty-five (docks, &c.) of that Act, and to pipe-line works executed in connection with a pipe-line that is or will be wholly so situate.

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References in sections twenty-seven and thirty-one of this Act to a pipe-line shall be construed as not including references to a pipe-line that is a government oil pipe-line within the meaning of the Requisitioned Land and War Works Act 1948, or to a pipe-line that was laid under a wayleave order made under section fourteen of the Land Powers (Defence) Act 1958.

63 Exclusion of application of certain provisions of Act to pipe-lines whose construction has been begun or authorised by Act.

(1) Sections one and two of this Act shall not apply to works the execution of which has been begun before the date on which those sections come into operation or to works the execution of which has been authorised by an Act passed before that date. (2) References in sections fifteen, seventeen, twenty-seven and thirty-one of this Act to a pipe-line shall be construed as not including references to a pipe-line for the construction of which the execution of works has been authorised as aforesaid.

64 Power of Minister to exclude application ofsection one in relation to certain pipe-lines in particular localities.

The Minister, on an application in that behalf being made to him, and after causing if he thinks fit a public inquiry to be held, may by order (made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament) direct that section oneof this Act shall not apply to works executed for the construction of a pipe-line designed for the conveyance of a thing of a particular kind specified in the order or things of a class so specified, being a pipe-line wholly situate within such area as may be specified in, or described by, the order.

65 Meaning of “pipe-line”.

(1) In this Act “pipe-line” (except where the context otherwise requires) means a pipe (together with any apparatus and works associated therewith), or system of pipes (together with any apparatus and works associated therewith), for the conveyance of any thing other than air, water, water vapour or steam, not being— (a) a drain or sewer; or (b) a pipe or system of pipes constituting or comprised in apparatus for heating or cooling or for domestic purposes; or (c) a pipe or system of pipes on the site of any operations or works to which certain provisions of the Factories Act 1961, apply by virtue of subsection (1) of section one hundred and twenty-seven (building operations and works of engineering construction) of that Act; or (d) a pipe or system of pipes wholly situate within the boundaries of an agricultural unit and designed for use for purposes of agriculture; or (e) a pipe or system of pipes wholly situate in premises used for the purposes of education or research; or (f) a pneumatic dispatch-tube. (2) For the purposes of the foregoing subsection, the following apparatus and works, and none other, shall be treated as being associated with a pipe, or system of pipes, namely,— (a) apparatus for inducing or facilitating the flow of any thing through the pipe or, as the case may be, through the system or any part thereof; (b) valves, valve chambers, manholes, inspection pits and similar works, being works annexed to, or incorporated in the course of, the pipe or system; (c) apparatus for supplying energy for the operation of any such apparatus as is mentioned in paragraph (a) of this subsection or of any such works as are mentioned in paragraph (b) thereof; (d) apparatus for the transmission of information for the operation of the pipe or system; (e) apparatus for affording cathodic protection to the pipe or system; (f) a structure for the exclusive support of a part of the line or system. (fa) in relation only to a pipe, or system of pipes, which is used to convey carbon dioxide to a carbon dioxide storage site, apparatus for treating and cooling carbon dioxide which is to flow through, or through any part of, the pipe or system; ... (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) In subsection (2)(fa), the reference to a pipe, or system of pipes, being used to convey carbon dioxide includes a pipe or system which is not being used for any purpose but which is intended to be used to convey carbon dioxide.

66 General interpretation provisions.

(1) In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say:— “additional pipe-line” means a pipe-line (other than a diversion)– which is of a length not exceeding 16.093 kilometres and is to form an addition to another pipe-line, if the aggregate of the lengths of both exceeds 16.093 kilometres, or which is of a length not exceeding 16.093 kilometres and is to be constructed so as to connect two or more other pipe-lines, if the aggregate of the lengths of the line and of those connected thereby exceeds 16.093 kilometres; “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; “carbon dioxide pipe-line” means— a pipe-line used to convey carbon dioxide to a carbon dioxide storage site; or a pipe-line which is not being used for any purpose but which is intended to be used to convey carbon dioxide to such a site; “carbon dioxide storage site” means a facility— for the storage of carbon dioxide (with a view to its permanent disposal, or as an interim measure prior to its permanent disposal); and in respect of the use of which a person is required to have a licence under section 18 of the Energy Act 2008; . . . “carriageway” has the meaning assigned to it by 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 sections 12(1) and 12A(3) 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, 16.093 kilometres; “diversion” means a lateral diversion of any length of a pipe-line (whether or not that pipe-line has been constructed) where the diversion is– beyond the limits of lateral diversion permitted by an authorisation under this Act relating to that pipe-line, or if no such authorisation is required, beyond the limits of lateral diversion permitted by development consent under the Planning Act 2008 relating to that pipe-line, or if no such authorisation or consent is required, beyond the lateral limits of deviation permitted by planning permission granted in relation to that pipe-line 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; “foreign sector of the continental shelf” means an area within which rights are exercisable with respect to the sea bed and subsoil and their natural resources by a country or territory outside the United Kingdom; “gas” means any substance which consists wholly or mainly of— methane ethane, propane, butane, hydrogen or carbon monoxide; a mixture of two or more of those gases; or a combustible mixture of one or more of those gases and air; “gas interconnector” has the same meaning as in Part 1 of the Gas Act 1986; “gas pipe-line” means a pipe-line used to convey gas to premises, or to a pipe-line system operated by a gas transporter (within the meaning of Part 1 of the Gas Act 1986), which— is a pipe-line in respect of which an exemption has been granted by or under that Act from the requirement for a gas transporter’s licence; and is not comprised in an upstream petroleum pipe-line; “gas processing facility” means any facility in Great Britain operated otherwise than by a public gas transporter (within the meaning of Part I of the Gas Act 1986) which carries out gas processing operations; “gas processing operation” means any of the following operations, namely— purifying, blending, odorising or compressing gas for the purpose of enabling it to be introduced into a pipe-line system operated by a public gas transporter (within the meaning of Part I of the Gas Act 1986) or to be conveyed to an electricity generating station, a gas storage facility or any place outside Great Britain; removing from gas for that purpose any of its constituent gases, or separating from gas for that purpose any oil or water; ... determining the quantity or quality of gas which is or is to be so introduced, or so conveyed, whether generally or by or on behalf of a particular person; separating, purifying, blending, odorising or compressing gas, for the purpose of— converting it into a form in which a purchaser is willing to accept delivery from a seller, or enabling it to be loaded for conveyance to another place (whether inside or outside Great Britain); and loading gas— at a facility which carries out operations of a kind mentioned in paragraph (d), or piped from such a facility, for the purpose of enabling the gas to be conveyed to another place (whether inside or outside Great Britain); . . . “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; “interconnector” means a pipe-line, other than an upstream petroleum pipe-line or a pipe-line operated by a public gas transporter (within the meaning of Part I of the Gas Act 1986), which is used to convey gas to or from a place outside Great Britain; . . . “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 Water (Scotland) Act 1946; “the Minister” means the Secretary of State; “notice” means a notice in writing; “owner”— 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; 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; in relation to a pipe-line, means the person in whom the pipe-line is vested and, for the purposes of section 10 in the case of gas pipe-lines only (other than section 10(1)), and for the purposes of section 10C , includes a person who has the right to use capacity in the pipe-line, where such right has been acquired by that person on terms that— he is entitled to use the capacity for a period of one year or more; and the right is capable of being assigned or otherwise disposed of to another person; 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; “petroleum” includes any mineral oil or relative hydrocarbon and natural gas existing in its natural condition in strata, whether or not it has undergone any processing; but does not include coal or bituminous shales or other stratified deposits from which oil can be extracted by destructive distillation; “petroleum production project” means a project carried out by virtue of a licence granted under section 3 of the Petroleum Act 1998, or an equivalent project in a foreign sector of the continental shelf, and includes such a project which is used for the storage of gas; “pipe-line construction authorisation” has the meaning assigned to it by subsection (1) of section one of this Act; . . . “pipe-line works” means works of any of the following kinds, that is to say,— 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; 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 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 . . . , . . . , or hydraulic power; “ statutory water undertakers ” means the Environment Agency, the Natural Resources Body for Wales or a water undertaker; “street works consent” means a consent given under section fifteen of this Act. “terminal” includes— facilities for such initial blending and other treatment as may be required to produce stabilised crude oil and other hydrocarbon liquids to the point at which a seller could reasonably make a delivery to a purchaser of such oil and liquids; gas processing facilities; ... a facility for the reception of gas prior to its conveyance to a place outside Great Britain ; and oil processing facilities (within the meaning given by section 81(8) of the Energy Act 2008); “upstream petroleum pipe-line” has the meaning given by section 90(1) of the Energy Act 2011 (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.