(4) Subsection (5) applies where—

(a) an authorisation has been issued under section 14 of the Petroleum Act

1998 (construction and use of controlled pipelines) for works for the

35construction of a pipeline;

(b) the authorisation contains a term of a kind mentioned in section 15(5)

of that Act; and

(c) the proposed pipeline is to be a relevant upstream petroleum pipeline.

(5) Before serving a notice under section 15(6) of the Petroleum Act 1998 on a

40person other than the holder of the authorisation, the Secretary of State must

give that person an opportunity to make with respect to the proposed

pipeline—

(a) an application of a kind mentioned in subsection (1)(a) of section 81 of

this Act, and

(b) 45if applicable, an application under subsection (4) of that section;