Petroleum Bill [H.L.] - continued        House of Commons
PART III, SUBMARINE PIPELINES - continued

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Civil liability for breach of statutory duty.     23. - (1) Breach of a duty imposed on any person by regulations made under this Part of this Act which state that this subsection applies to such a breach shall be actionable so far, and only so far, as the breach causes personal injury.
 
      (2) References in-
 
 
    (a) the Fatal Accidents Act 1976; and
 
    (b) Article 3(1) of the Fatal Accidents (Northern Ireland) Order 1977,
  to a wrongful act, neglect or default shall include references to any such breach which is so actionable.
 
      (3) Nothing in subsections (1) and (2) prejudices any action which lies apart from the provisions of those subsections.
 
      (4) A defence to a charge which is available by virtue of section 25(3)(c) shall not be a defence in any civil proceedings whether they are brought by virtue of this section or otherwise.
 
      (5) For the purposes of subsection (1) any such regulations as are mentioned in that subsection shall bind the Crown, and references in those regulations to employees shall for those purposes include persons in the service of the Crown; but nothing in this subsection-
 
 
    (a) confers any right of action on a person as a member of the armed forces of the Crown; or
 
    (b) authorises proceedings against Her Majesty in her private capacity or in right of the Duchy of Lancaster or against the Duke of Cornwall.
      (6) In subsection (1) "personal injury" includes any disease, any impairment of a person's physical or mental condition and any fatal injury.
 
Application of Part III.     24. - (1) Where no initial or terminal point of a pipeline is situated in the United Kingdom or controlled waters, the pipeline shall be disregarded for the purposes of this Part of this Act except this subsection and subsection (2).
 
      (2) The Secretary of State may by order provide that specified provisions of this Part of this Act shall apply, subject to such modifications (if any) as are specified, to the whole or any part of a pipeline of a kind mentioned in subsection (1); but an order under this subsection shall contain only such provisions as the Secretary of State considers are consistent with the jurisdiction which belongs to the United Kingdom under international law.
 
      (3) The Secretary of State may in regulations provide that specified provisions of this Part of this Act shall not apply to a pipeline of a specified kind or shall not apply to such a pipeline while any specified condition is satisfied.
 
      (4) In this section "specified", in relation to an order or regulations, means specified in the order or, as the case may be, the regulations.
 
      (5) A statutory instrument containing an order under subsection (2) or regulations under subsection (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
 
Orders and regulations.     25. - (1) Before making any regulations under this Part of this Act, the Secretary of State shall consult such organisations in the United Kingdom as he considers are representative of persons who will be affected by the regulations.
 
      (2) In making regulations under section 20, the Secretary of State shall have regard to the extent of the jurisdiction which belongs to the United Kingdom under international law.
 
      (3) Any regulations under this Part of this Act may provide-
 
 
    (a) for the creation of offences which, subject to paragraph (b), are punishable on summary conviction by a fine not exceeding the statutory maximum and on conviction on indictment by imprisonment for a term not exceeding two years and a fine;
 
    (b) for the maximum punishment for an offence created by the regulations to be less than that authorised by paragraph (a) and for such an offence to be punishable only on summary conviction; and
 
    (c) for the matters which are to be a defence to a charge of an offence created by the regulations.
      (4) Regulations under this Part of this Act-
 
 
    (a) may be limited so as to apply only in prescribed cases or may exclude prescribed cases from the application of the regulations;
 
    (b) may provide for a case to be excluded from the application of the regulations only so long as conditions specified in the regulations are satisfied.
      (5) The Health and Safety Executive may, by directions given to such persons as it considers appropriate, provide for any such regulations not to apply in a case specified in the directions so long as conditions so specified are satisfied.
 
      (6) In its application to Northern Ireland, subsection (5) shall have effect as if the reference to the Health and Safety Executive were a reference to the Department of Economic Development for Northern Ireland.
 
      (7) Any order or regulations under this Part of this Act-
 
 
    (a) may make different provision for different circumstances; and
 
    (b) may include such incidental, supplemental and transitional provision as the Secretary of State considers appropriate in connection with the order or regulations.
      (8) Without prejudice to the generality of paragraph (b) of subsection (7), provision that may be included in regulations by virtue of that paragraph includes provision for the payment of fees in respect of consents and certificates required by the regulations.
 
      (9) Section 14 of the Interpretation Act 1978 (implied power to amend) shall not apply in relation to the power conferred by section 24(2).
 
      (10) Any power conferred by this Part of this Act to make an order or regulations shall be exercisable by statutory instrument.
 
Meaning of "pipeline".     26. - (1) Except where the context otherwise requires, in this Part of this Act "pipeline" means a pipe or system of pipes (excluding a drain or sewer) for the conveyance of any thing, together with any apparatus and works associated with such a pipe or system.
 
      (2) For the purposes of this Part of this Act the apparatus and works associated with such a pipe or system are-
 
 
    (a) any apparatus for inducing or facilitating the flow of any thing through, or through a part of, the pipe or system;
 
    (b) any apparatus for treating or cooling any thing which is to flow through, or through part of, the pipe or system;
 
    (c) valves, valve chambers and similar works which are annexed to, or incorporated in the course of, the pipe or system;
 
    (d) apparatus for supplying energy for the operation of any apparatus or works mentioned in paragraphs (a) to (c);
 
    (e) apparatus for the transmission of information for the operation of the pipe or system;
 
    (f) apparatus for the cathodic protection of the pipe or system; and
 
    (g) any structure used or to be used solely for the support of a part of the pipe or system.
      (3) The Secretary of State may by order provide that a part of a pipeline specified in the order shall be treated for the purposes of this Part of this Act, except this subsection, as a pipeline.
 
Meaning of "owner".     27. - (1) For the purposes of this Part of this Act "owner" in relation to a pipeline, and "proposed owner" in relation to a proposed pipeline, mean the person for the time being designated as the owner of the pipeline, or as the case may be as the proposed owner of the proposed pipeline, by an order made by the Secretary of State.
 
      (2) An order designating a person as the proposed owner of a proposed pipeline may also provide for him to be designated as the owner of the pipeline in question at a time determined by or under the order.
 
      (3) Before designating a person under subsection (1) or (2), the Secretary of State shall give the person an opportunity of being heard with respect to the matter.
 
      (4) Where a person for the time being designated under subsection (1) or (2) requests the Secretary of State in writing to cancel the designation, the Secretary of State shall-
 
 
    (a) consider the request; and
 
    (b) if he considers it appropriate to do so, give the person an opportunity of being heard in connection with the request.
Interpretation of Part III.     28. - (1) Except where the context otherwise requires, in this Part of this Act the following expressions have the following meanings-
 
 
    "authorisation" means an authorisation required by section 14;
 
    "construction", in relation to a pipeline, includes placing, and cognate expressions shall be construed accordingly;
 
    "controlled pipeline" and "controlled waters" have the meanings given to them by section 14;
 
    "enactment" includes an enactment of the Parliament of Northern Ireland or of the Northern Ireland Assembly;
 
    "heard" means heard on behalf of the Secretary of State by a person appointed by him for the purpose;
 
    "holder", in relation to an authorisation, means the person to whom the authorisation was issued;
 
    "notice" means notice in writing;
 
    "pipeline", in relation to an application for a works authorisation, means the proposed pipeline in respect of which the application is made;
 
    "prescribed" means prescribed by regulations; and
 
    "works authorisation" means an authorisation-
 
      (a) for works for the construction of a pipeline; or
 
      (b) for such works and for the use of the pipeline.
      (2) For the purposes of this Part of this Act, works at any place in, under or over controlled waters for the purpose of determining whether the place is suitable as part of the site of a proposed pipeline and the carrying out of surveying operations for the purpose of settling the route of a proposed pipeline are not works for the construction of a pipeline.
 
      (3) Any reference in this Part of this Act to a contravention of a provision of this Part or regulations made or directions given under this Part includes a reference to a failure to comply with that provision.
 
      (4) Subsections (1) to (3) of section 49 of the Pipe-lines Act 1962 (service of documents) have effect as if-
 
 
    (a) references to that Act included references to this Part of this Act; and
 
    (b) in subsection (3), after "arrangements agreed" there were inserted "or in accordance with regulations under Part III of the Petroleum Act 1998".
      (5) In the application of subsection (4) to Northern Ireland, section 49(1) to (3) of the Pipe-lines Act 1962 shall have effect as if it extended to Northern Ireland.
 
      (6) Except so far as this Part of this Act otherwise expressly provides, nothing in this Part of this Act-
 
 
    (a) confers a right of action in any civil proceedings (other than proceedings for recovery of a fine) in respect of any contravention of this Part of this Act or an order or regulations made under it;
 
    (b) affects any restriction imposed by or under any other enactment, whether public, local or private; or
 
    (c) derogates from any right of action or other remedy (whether civil or criminal) in proceedings instituted otherwise than under this Act.
      (7) Subsection (6) is subject to section 18 of the Interpretation Act 1978 (duplicated offences).
 
 
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