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| Acquisition of rights to use pipelines. |
17. - (1) Subsections (2) and (3) apply where a person applies to the Secretary of State for a notice under this section securing to the applicant a right to have conveyed, by a controlled pipeline of which he is not the owner, quantities specified in the application of things which are of a kind so specified and which the pipeline is designed to convey.
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(2) The Secretary of State shall-
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(a) give notice to the owner of the pipeline and the applicant that he proposes to consider the application; and |
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(b) after the expiry of 21 days beginning with the date on which notice under paragraph (a) was served, but before considering the application, give them an opportunity of being heard with respect to the application. |
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(3) Where the Secretary of State is satisfied that, if he served a notice under this section the pipeline in question could be operated in accordance with the notice without prejudicing its efficient operation for the purpose of conveying, on behalf of its owner, the quantities of permitted substances which the owner requires or may reasonably be expected to require, the Secretary of State may serve such a notice on the owner and the applicant.
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(4) In subsection (3), "permitted substances" means the things which may be conveyed by the pipeline in accordance with an authorisation (or, if no authorisation for the use of the pipeline is required by section 14(1), means the things which the pipeline is designed to convey).
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(5) A notice under this section may contain such provisions as the Secretary of State considers appropriate for any of the following purposes-
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(a) to secure to the applicant, without prejudicing the efficient operation of the pipeline for the purpose mentioned in subsection (3), the right to have conveyed by the pipeline the quantities specified in the application of the things so specified; |
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(b) to secure that the exercise of the right is not prevented or impeded; |
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(c) to regulate the charges which may be made for the conveyance of things by virtue of the right; and |
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(d) to secure to the applicant the right to have a pipeline of his connected to the pipeline by the applicant or owner. |
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(6) Such a notice may also authorise the owner to recover from the applicant payments by way of consideration for any right mentioned in subsection (5)(a) or (d) of amounts specified in the notice or determined in accordance with the notice.
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(7) Before serving a notice under section 15(6) on a person other than the holder of the relevant authorisation, the Secretary of State shall give that person an opportunity to make an application under subsection (1) in respect of the proposed pipeline to which the authorisation relates; and subsections (1) to (6) shall have effect for this purpose as if references to a pipeline and the owner of it were references to the proposed pipeline and the proposed owner of it.
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(8) Before serving a notice under section 16(1) on a person other than the owner of the relevant pipeline, the Secretary of State shall give that person particulars of the modifications which he proposes to specify in the notice and an opportunity to make an application under subsection (1) in respect of the pipeline; and subsections (1) to (6) shall have effect for this purpose as if references to a pipeline were references to the pipeline as it would be with those modifications.
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(9) The use of a pipeline by any person in accordance with a right secured to him by virtue of this section is not a contravention of section 14(1); but a person to whom a right is so secured may not assign the right to any other person.
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| Termination of authorisations. |
18. - (1) An authorisation shall cease to be in force at the earliest of the following-
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(a) where the duration of the authorisation is not expressed to be unlimited, the time at which that duration expires as specified by or ascertained under the terms of the authorisation; |
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(b) the time (if any) agreed in writing by the holder and the Secretary of State as the time at which the authorisation is to cease to be in force; and |
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(c) the time specified in a notice under subsection (2) or (6). |
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(2) If it appears to the Secretary of State that the execution of works authorised by a works authorisation has not been begun at the expiry of the period specified in subsection (3), he shall serve on the holder a notice stating that the authorisation is to cease to be in force at a time specified in the notice.
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(3) The period referred to in subsection (2) is-
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(a) the period of three years beginning with the date when the authorisation is expressed to come into force; or |
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(b) such longer period beginning with that date as the Secretary of State has, on the application of the holder, specified in a notice served under this paragraph on the holder during the period mentioned in paragraph (a). |
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(4) For the purpose of subsection (2), the Secretary of State shall disregard the execution of any of the works which he considers should be disregarded for that purpose.
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(5) The Secretary of State shall not serve a notice under subsection (3)(b) unless-
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(a) he is satisfied that notice of the application under that provision has been served on- |
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(i) the persons on whom, in accordance with Schedule 2, notice of the application for the authorisation was served or such of them as the Secretary of State considers appropriate in the circumstances; and
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(ii) such other persons, if any, as he considers appropriate in the circumstances; and
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(b) he has considered any written representations about the application under subsection (3)(b) made during such a period as he considers reasonable by any of the persons on whom notice of the application was served in accordance with paragraph (a). |
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(6) Subject to subsections (7) and (8), if the Secretary of State considers that the holder of an authorisation-
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(a) has contravened a term of the authorisation; or |
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(b) has contravened any provision of a notice which, under section 16 or 17, was served on him in his capacity as the owner of the pipeline (or the proposed owner of the proposed pipeline) to which the authorisation relates, |
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the Secretary of State may serve on the holder a notice stating that the authorisation is to cease to be in force at a time specified in the notice.
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(7) The Secretary of State shall not serve a notice under subsection (6) without first giving the holder of the authorisation an opportunity to make written representations to him.
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(8) The Secretary of State shall not serve a notice under subsection (6) in consequence of a contravention if the Secretary of State considers that-
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(a) having regard to the nature and consequences of the contravention and to any previous contravention, it would be unreasonable to terminate the authorisation in consequence of the contravention; and |
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(b) the holder has taken adequate steps to prevent similar contraventions in future. |
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(9) When an authorisation ceases to be in force the Secretary of State shall publish in the London and Edinburgh and Belfast Gazettes, or in such of them as he considers appropriate, a notice stating that it has ceased to be in force.
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| Vesting of pipelines on termination or subsequent issue of authorisations. |
19. - (1) When an authorisation ceases to be in force the controlled pipeline to which it relates shall, by virtue of this subsection, be transferred to and vest in the Secretary of State free from encumbrances, except that nothing in this subsection prejudices-
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(a) any interest belonging to the Crown Estate or to Her Majesty in right of the Duchy of Lancaster or to the Duchy of Cornwall; or |
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(b) any right conferred by a notice relating to the pipeline under section 17. |
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(2) Where the Secretary of State proposes to issue an authorisation to any person in respect of a pipeline vested in the Secretary of State by virtue of subsection (1) he may agree with that person, on terms which may include provision for that person to make payments to the Secretary of State, that the authorisation is to include a statement that subsection (3) applies to the authorisation.
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(3) Where an authorisation includes such a statement the pipeline to which the authorisation relates shall, by virtue of this subsection and at the time specified in the authorisation, be transferred to and vest in the holder of the authorisation subject to any interest or right then subsisting in respect of the pipeline by virtue of paragraph (a) or (b) of subsection (1).
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| Inspectors etc. |
20. - (1) The Secretary of State may appoint, as inspectors to assist him in the execution of this Part of this Act, such number of persons appearing to him to be qualified for the purpose as he considers appropriate from time to time; and the Secretary of State may make, to or in respect of any person so appointed, such payments by way of remuneration or otherwise as the Secretary of State determines with the approval of the Minister for the Civil Service.
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(2) The Secretary of State may by regulations make provision with respect to-
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(a) the powers and duties of- |
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(i) inspectors appointed under subsection (1); and
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(ii) any other persons acting on the directions of the Secretary of State in connection with the execution of this Part of this Act; and
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(b) the facilities to be accorded to such inspectors and other persons. |
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(3) For the purpose of enforcing regulations made under subsection (2), an inspector appointed under subsection (1) shall have the same powers under section 38 of the Health and Safety at Work etc. Act 1974 (institution of proceedings in England and Wales) as he would have if he were an inspector appointed by the Health and Safety Executive under section 19 of that Act who is authorised to act for the purposes of the regulations.
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(4) In the application of this section to Northern Ireland, subsection (3) shall have effect as if-
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(a) the references to sections 19 and 38 of the Health and Safety at Work etc. Act 1974 were references to Articles 21 and 35, respectively, of the Health and Safety at Work (Northern Ireland) Order 1978; and |
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(b) the reference to the Health and Safety Executive were a reference to the Department of Economic Development. |
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(5) A statutory instrument containing regulations under subsection (2) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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| Enforcement. |
21. - (1) Any person who-
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(a) contravenes any provision of section 14(1); or |
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(b) contravenes any provision of a notice under section 16 or 17 served on him in his capacity as the owner of the pipeline to which the notice relates in a case where no authorisation for the use of the pipeline is required by section 14(1); or |
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(c) makes a statement which he knows is false in a material particular, or recklessly makes a statement which is false in a material particular, for the purpose of inducing the Secretary of State- |
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(i) to issue any authorisation; or
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(ii) to agree under section 18(1)(b) that an authorisation is to cease to be in force; or
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(iii) to specify a period under section 18(3)(b); or
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(iv) not to serve a notice under section 18(6),
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shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to a fine. |
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(2) If a person executes any works in contravention of section 14(1) the Secretary of State may at any time serve on him a notice requiring him to remove such of the works as are specified in the notice as works to be removed.
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(3) The recipient of a notice under subsection (2) shall comply with the notice within the period specified in the notice; and if he fails to do so the Secretary of State may comply with the notice on his behalf and recover from him any expenses reasonably incurred in doing so.
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(4) If a person executes any works in contravention of section 14(1) and the Secretary of State considers that it is urgently necessary to do such things in relation to the works as he could have required that person to do by a notice under subsection (2), the Secretary of State may do those things and recover from that person any expenses reasonably incurred in doing so.
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(5) The fact that any thing is done or omitted-
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(a) by the recipient of a notice under subsection (2) for the purpose of complying with the notice; or |
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(b) by the Secretary of State under subsection (3) or (4), |
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shall not relieve him from liability for any damage which is attributable to the act or omission and for which he would have been liable had the act or omission not been authorised by this section; but the Secretary of State shall be entitled to recover from the person who executed the works in question the amount of any damages which, in consequence of the works, are paid by the Secretary of State by virtue of this subsection.
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| Criminal proceedings. |
22. - (1) Proceedings for an offence under section 21(1) or created by regulations made under this Part of this Act (a "relevant offence") may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
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(2) Proceedings for a relevant offence alleged to have been committed in, under or over controlled waters shall not be instituted in England and Wales except-
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(a) by the Secretary of State or by a person authorised in that behalf by the Secretary of State; or |
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(b) by or with the consent of the Director of Public Prosecutions. |
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(3) Proceedings for a relevant offence alleged to have been committed in, under or over controlled waters shall not be instituted in Northern Ireland except-
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(a) by the Secretary of State or by a person authorised in that behalf by the Secretary of State; or |
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(b) by or with the consent of the Director of Public Prosecutions for Northern Ireland. |
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(4) Subsections (2) and (3) do not apply to proceedings for an offence created by regulations made under section 20.
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(5) In proceedings for a relevant offence an averment in the information, complaint or indictment that anything was done or situated in, under or over controlled waters shall, unless the contrary is proved, be sufficient evidence of the matter stated in the averment.
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(6) Where a relevant offence committed by a body corporate 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.
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(7) In subsection (6), in relation to a body corporate which-
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(a) is established by or under any enactment for the purpose of carrying on under public ownership any industry or part of an industry or undertaking; and |
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(b) is a body whose affairs are managed by its members,
"director" means a member of the body corporate.
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(8) In any proceedings for-
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(a) an offence under paragraph (a) of subsection (1) of section 21 of executing works or using a pipeline otherwise than in accordance with the terms of the relevant authorisation; or |
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(b) an offence under paragraph (b) of that subsection of contravening any provision of a notice, |
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it shall be a defence to prove that the accused used all due diligence to comply with those terms or, as the case may be, with that provision.
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(9) Section 3 of the Territorial Waters Jurisdiction Act 1878 (restriction on prosecutions) shall not apply to any proceedings for a relevant offence.
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