|
| |
| |
108 | Application of the Pipe-lines Act 1962 |
| |
(1) | Subsection (3) applies in relation to any part of the government pipe-line and |
| |
storage system which is for the time being owned otherwise than by the |
| |
| |
(2) | In subsection (1) “owned” is to be construed in accordance with the definition |
| 5 |
of “owner” in section 66(1) of the Pipe-lines Act 1962. |
| |
(3) | The following sections of that Act, namely— |
| |
(a) | section 10 (provisions for securing that a pipe-line is so used as to |
| |
reduce necessity for construction of others), |
| |
(b) | section 36 (notification of abandonment, cesser of use and resumption |
| 10 |
of use of pipe-lines or lengths thereof), |
| |
| apply in relation to any such part as if it were a pipe-line constructed pursuant |
| |
to a pipe-line construction authorisation. |
| |
(4) | Section 40(2) of that Act (application of the electronic communications code) |
| |
| 15 |
(a) | for the purposes of GPSS works as it applies for the purposes of works |
| |
in pursuance of a compulsory rights order, |
| |
(b) | to a person executing GPSS works as it applies to a person authorised |
| |
to execute works in pursuance of such an order. |
| |
(5) | In subsection (4) “GPSS works” means— |
| 20 |
(a) | works for inspecting, maintaining, adjusting, repairing, altering or |
| |
renewing the government pipe-line and storage system or any part of |
| |
| |
(b) | works for changing the position of the system or any part of it; |
| |
(c) | works for removing the system or any part of it; |
| 25 |
(d) | breaking up or opening land for the purpose of works falling within |
| |
paragraph (a), (b) or (c), or tunnelling or boring for that purpose; |
| |
(e) | other works incidental to anything falling within paragraph (a), (b), (c) |
| |
| |
(6) | To the extent that anything done under or by virtue of this Part constitutes the |
| 30 |
execution of pipe-line works for the purposes of section 45 of the Pipe-lines Act |
| |
1962 (obligation to restore agricultural land), subsection (3) of that section has |
| |
effect as if after “this Act” there were inserted “or any provision of Part 4 of the |
| |
| |
109 | Rights apart from Part 4 |
| 35 |
(1) | Nothing in this Part affects any other rights of the Secretary of State in relation |
| |
to the government pipe-line and storage system (whether conferred under |
| |
another enactment, by agreement or otherwise, and whether or not existing |
| |
upon the coming into force of this section). |
| |
(2) | For the purposes of sections 102, 103 and 107, it is immaterial whether a right |
| 40 |
corresponding to a right conferred by the section was exercisable by the |
| |
Secretary of State before the coming into force of the section. |
| |
| |
(1) | The provisions mentioned in subsection (2) cease to have effect. |
| |
| |
| |
|
| |
| |
| |
(a) | section 12 of the Requisitioned Land and War Works Act 1948 |
| |
(permanent power to maintain government oil pipe-lines); |
| |
(b) | section 13 of that Act (compensation in respect of government oil pipe- |
| |
| 5 |
(c) | section 14 of that Act (registration of rights as to government oil pipe- |
| |
| |
(d) | section 15 of that Act (supplementary provisions as to government oil |
| |
| |
(e) | section 12 of the Land Powers (Defence) Act 1958 (extension of |
| 10 |
provisions of Requisitioned Land and War Works Acts). |
| |
111 | Power to dissolve the Oil and Pipelines Agency by order |
| |
(1) | The Secretary of State may provide by order for— |
| |
(a) | the repeal of the Oil and Pipelines Act 1985; |
| |
(b) | the dissolution of the Oil and Pipelines Agency. |
| 15 |
(2) | If the Oil and Pipelines Agency is dissolved under subsection (1), the Secretary |
| |
of State may make one or more schemes for the transfer to the Secretary of State |
| |
of property, rights and liabilities (a “transfer scheme”). |
| |
(3) | Schedule 13 makes further provision about any transfer scheme under |
| |
| 20 |
(4) | An order under this section may— |
| |
(a) | include incidental, supplementary and consequential provision; |
| |
(b) | make transitory or transitional provision or savings; |
| |
(c) | make different provision for different cases or circumstances or for |
| |
| 25 |
(d) | make provision subject to exceptions. |
| |
(5) | An order under this section is to be made by statutory instrument which is |
| |
subject to annulment in pursuance of a resolution of either House of |
| |
| |
112 | Crown application: Part 4 |
| 30 |
(1) | This Part binds the Crown. |
| |
(2) | No contravention by the Crown of section 104(4) makes the Crown criminally |
| |
liable; but the High Court or, in Scotland, the Court of Session may declare |
| |
unlawful any act or omission of the Crown which constitutes such a |
| |
| 35 |
(3) | But subsection (2) does not affect the criminal liability of persons in the service |
| |
| |
| |
| |
|
| |
| |
| |
Strategy and Policy Statement |
| |
113 | Designation of statement |
| |
(1) | The Secretary of State may designate a statement as the strategy and policy |
| |
statement for the purposes of this Part if the requirements set out in section 117 |
| 5 |
are satisfied (consultation and Parliamentary procedural requirements). |
| |
(2) | The strategy and policy statement is a statement prepared by the Secretary of |
| |
| |
(a) | the strategic priorities, and other main considerations, of Her Majesty’s |
| |
government in formulating its energy policy for Great Britain |
| 10 |
(“strategic priorities”), |
| |
(b) | the particular outcomes to be achieved as a result of the |
| |
implementation of that policy (“policy outcomes”), and |
| |
(c) | the roles and responsibilities of persons (whether the Secretary of State, |
| |
the Authority or other persons) who are involved in implementing that |
| 15 |
policy or who have other functions that are affected by it. |
| |
(3) | The Secretary of State must publish the strategy and policy statement |
| |
(including any amended statement following a review under section 116) in |
| |
such manner as the Secretary of State considers appropriate. |
| |
(4) | For the purposes of this section, energy policy “for Great Britain” includes such |
| 20 |
| |
(a) | the territorial sea adjacent to Great Britain, and |
| |
(b) | areas designated under section 1(7) of the Continental Shelf Act 1964. |
| |
| |
“the 1986 Act” means the Gas Act 1986; |
| 25 |
“policy outcomes” has the meaning given in subsection (2)(b); |
| |
“strategic priorities” has the meaning given in subsection (2)(a); |
| |
“the strategy and policy statement” means the statement for the time |
| |
being designated under subsection (1) as the strategy and policy |
| |
statement for the purposes of this Part. |
| 30 |
114 | Duties in relation to statement |
| |
(1) | The Authority must have regard to the strategic priorities set out in the strategy |
| |
and policy statement when carrying out regulatory functions. |
| |
(2) | The Secretary of State and the Authority must carry out their respective |
| |
regulatory functions in the manner which the Secretary of State or the |
| 35 |
Authority (as the case may be) considers is best calculated to further the |
| |
delivery of the policy outcomes. |
| |
(3) | Subsection (2) is subject to the application of the principal objective duty in the |
| |
carrying out of any such function. |
| |
(4) | “Regulatory functions”, in relation to the Secretary of State, means— |
| 40 |
(a) | functions of the Secretary of State under Part 1 of the 1986 Act or Part 1 |
| |
| |
| |
| |
|
| |
| |
(b) | other functions of the Secretary of State to which the principal objective |
| |
duty is applied by any enactment. |
| |
(5) | “Regulatory functions”, in relation to the Authority, means— |
| |
(a) | functions of the Authority under Part 1 of the 1986 Act or Part 1 of EA |
| |
| 5 |
(b) | other functions of the Authority to which the principal objective duty is |
| |
applied by any enactment. |
| |
(6) | The “principal objective duty” means the duty of the Secretary of State or the |
| |
Authority (as the case may be) imposed by— |
| |
(a) | section 4AA(1B) and (1C) of the 1986 Act; |
| 10 |
(b) | section 3A(1B) and (1C) of EA 1989. |
| |
(7) | The Authority must give notice to the Secretary of State if at any time the |
| |
Authority concludes that a policy outcome contained in the strategy and policy |
| |
statement is not realistically achievable. |
| |
(8) | A notice under subsection (7) must include— |
| 15 |
(a) | the grounds on which the conclusion was reached; |
| |
(b) | what (if anything) the Authority is doing, or proposes to do, for the |
| |
purpose of furthering the delivery of the outcome so far as reasonably |
| |
| |
(9) | In this section “enactment” includes— |
| 20 |
(a) | an enactment contained in this Act, and |
| |
(b) | an enactment passed or made after the passing of this Act. |
| |
115 | Exceptions from section 114 duties |
| |
(1) | Section 114(1) and (2) do not apply in relation to functions of the Secretary of |
| |
State under sections 36 to 37 of EA 1989. |
| 25 |
(2) | Section 114(1) and (2) do not apply in relation to anything done by the |
| |
| |
(a) | in the exercise of functions relating to the determination of disputes; |
| |
(b) | in the exercise of functions under section 36A(3) of the 1986 Act or |
| |
section 43(3) of EA 1989. |
| 30 |
(3) | The duties imposed by section 114(1) and (2) do not affect the obligation of the |
| |
Authority or the Secretary of State to perform or comply with any other duty |
| |
or requirement (whether arising under this Act or another enactment, by virtue |
| |
of any EU obligation or otherwise). |
| |
| 35 |
(1) | The Secretary of State must review the strategy and policy statement if a period |
| |
of 5 years has elapsed since the relevant time. |
| |
(2) | The “relevant time”, in relation to the strategy and policy statement, means— |
| |
(a) | the time when the statement was first designated under this Part, or |
| |
(b) | if later, the time when a review of the statement under this section last |
| 40 |
| |
(3) | A review under subsection (1) must take place as soon as reasonably |
| |
practicable after the end of the 5 year period. |
| |
| |
| |
|
| |
| |
(4) | The Secretary of State may review the strategy and policy statement at any |
| |
| |
(a) | a Parliamentary general election has taken place since the relevant time, |
| |
(b) | the Authority has given notice to the Secretary of State under section |
| |
114(7) since the relevant time, |
| 5 |
(c) | a significant change in the energy policy of Her Majesty’s government |
| |
has occurred since the relevant time, or |
| |
(d) | the Parliamentary approval requirement in relation to an amended |
| |
statement was not met on the last review (see subsection (12)). |
| |
(5) | The Secretary of State may determine that a significant change in the |
| 10 |
government’s energy policy has occurred for the purposes of subsection (4)(c) |
| |
| |
(a) | the change was not anticipated at the relevant time, and |
| |
(b) | if the change had been so anticipated, it appears to the Secretary of State |
| |
likely that the statement would have been different in a material way. |
| 15 |
(6) | On a review under this section the Secretary of State may— |
| |
(a) | amend the statement (including by replacing the whole or part of the |
| |
statement with new content), |
| |
(b) | leave the statement as it is, or |
| |
(c) | withdraw the statement’s designation as the strategy and policy |
| 20 |
| |
(7) | The amendment of a statement under subsection (6)(a) has effect only if the |
| |
Secretary of State designates under section 113 the amended statement as the |
| |
strategy and policy statement (and the procedural requirements under section |
| |
117 apply in relation to any such designation). |
| 25 |
(8) | For the purposes of this section, corrections of clerical or typographical errors |
| |
are not to be treated as amendments made to the statement. |
| |
(9) | The designation of a statement as the strategy and policy statement ceases to |
| |
have effect upon a subsequent designation of an amended statement as the |
| |
strategy and policy statement in accordance with subsection (7). |
| 30 |
(10) | The Secretary of State must consult the following persons before proceeding |
| |
under subsection (6)(b) or (c)— |
| |
| |
(b) | the Scottish Ministers, |
| |
(c) | the Welsh Ministers, and |
| 35 |
(d) | such other persons as the Secretary of State considers appropriate. |
| |
(11) | For the purposes of subsection (2)(b), a review of a statement takes place— |
| |
(a) | in the case of a decision on the review to amend the statement under |
| |
| |
(i) | at the time when the amended statement is designated as the |
| 40 |
strategy and policy statement under section 113, or |
| |
(ii) | if the amended statement is not so designated, at the time when |
| |
the amended statement was laid before Parliament for approval |
| |
| |
(b) | in the case of a decision on the review to leave the statement as it is |
| 45 |
under subsection (6)(b), at the time when that decision is taken. |
| |
| |
| |
|
| |
| |
(12) | For the purposes of subsection (4)(d), the Parliamentary approval requirement |
| |
in relation to an amended statement was not met on the last review if— |
| |
(a) | on the last review of the strategy and policy statement to be held under |
| |
this section, an amended statement was laid before Parliament for |
| |
approval under section 117(8), but |
| 5 |
(b) | the amended statement was not designated because such approval was |
| |
| |
117 | Procedural requirements |
| |
(1) | This section sets out the requirements that must be satisfied in relation to a |
| |
statement before the Secretary of State may designate it as the strategy and |
| 10 |
| |
(2) | In this section references to a statement include references to a statement as |
| |
amended following a review under section 116(6)(a). |
| |
(3) | The Secretary of State must first— |
| |
(a) | prepare a draft of the statement, and |
| 15 |
(b) | issue the draft to the required consultees for the purpose of consulting |
| |
| |
(4) | The “required consultees” are— |
| |
| |
(b) | the Scottish Ministers, and |
| 20 |
| |
(5) | The Secretary of State must then— |
| |
(a) | make such revisions to the draft as the Secretary of State considers |
| |
appropriate as a result of responses to the consultation under |
| |
| 25 |
(b) | issue the revised draft for the purposes of further consultation about it |
| |
to the required consultees and to such other persons as the Secretary of |
| |
State considers appropriate. |
| |
(6) | The Secretary of State must then— |
| |
(a) | make any further revisions to the draft that the Secretary of State |
| 30 |
considers appropriate as a result of responses to the consultation under |
| |
| |
(b) | prepare a report summarising those responses and the changes (if any) |
| |
that the Secretary of State has made to the draft as a result. |
| |
(7) | The Secretary of State must lay before Parliament— |
| 35 |
(a) | the statement as revised under subsection (6)(a), and |
| |
(b) | the report prepared under subsection (6)(b). |
| |
(8) | The statement as laid under subsection (7)(a) must have been approved by a |
| |
resolution of each House of Parliament before the Secretary of State may |
| |
designate it as the strategy and policy statement under section 113. |
| 40 |
(9) | The requirement under subsection (3)(a) to prepare a draft of a statement may |
| |
be satisfied by preparation carried out before, as well as preparation carried |
| |
out after, the passing of this Act. |
| |
| |
| |
|
