Part IIIU.K. Submarine pipelines

27 Meaning of “owner”.U.K.

(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.

[F1(1A)For the purposes of this Part of this Act (other than section 16, section 17(1) [F2, the first reference in section 17F(2) and the reference in 17GA(2)(a))] , in the case of downstream gas pipelines and controlled petroleum pipelines—

  • “owner” in relation to a pipeline includes a person in whom the pipeline is vested; and a person who has the right to use capacity in the pipeline, where such right has been acquired by that person on terms that—

    (a)

    he is entitled to use the capacity for a period of one year or more; and

    (b)

    the right is capable of being assigned or otherwise disposed of to another person; and

  • “proposed owner” in relation to a proposed pipeline includes a person in whom the pipeline is proposed to be vested.]

(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.

Textual Amendments

F1S. 27(1A) inserted (10.8.2000) by S.I. 2000/1937, reg. 2(4), Sch. 4 para. 8