The M4 Motorway (Junctions 3 to 12) (Smart Motorway) Development Consent Order 2016

58.  In this Part of this Schedule—

“alternative apparatus” means alternative apparatus adequate to enable the protected person in question to fulfil its functions in relation to transporting oil, gas and fuel in a manner no less efficient than previously;

“apparatus” means—

(a)

in the case of a gas or other fuel undertaker, any mains, pipes, pipelines or other apparatus belonging to or maintained by a transporter within the meaning of Part 1 (gas supply) of the Gas Act 1986(1), the Pipe-lines Act 1962(2) and the Pipelines Safety Regulations 1996(3) for the purposes of such supply; and

(b)

in the case of West London Pipeline and Storage any oil apparatus, and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

“functions” includes powers and duties;

“in”, in a context referring to apparatus or alternative apparatus in land, includes a reference to apparatus or alternative apparatus under, over or upon land;

“oil apparatus” means any pipe-line, apparatus and works as described in section 65(2) (meaning of “pipe-line”) of the Pipe-lines Act 1962(4) and all protective wrappings, sleeves and slabs, together with ancillary cables, protection equipment and markers; and such legal interest, and benefit of property rights and covenants as are vested in United Kingdom Oil Pipelines Limited or West London Pipeline and Storage Limited in respect of such items;

“plan” includes all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe the works to be executed;

“protected person” means—

(a)

the United Kingdom Oil Pipelines Limited, company number 09416180, whose registered office is 5-7, Alexandra Road, Hemel Hempstead, Hertfordshire, HP2 5BS and its successors in title and function; and

(b)

West London Pipeline and Storage Limited, company number 01918796, whose registered office is 5-7, Alexandra Road, Hemel Hempstead, Hertfordshire, HP2 5BS and its successors in title and function;

for the area of the authorised development, and in relation to any apparatus, means the protected person to whom it belongs or by whom it is maintained.

(1)

1986 c. 44. A new section 7 was substituted by section 5 of the Gas Act 1995 (c. 45), and was further amended by sections 3(2) and 76 of, and paragraphs 1 and 4 of Schedule 6, and Schedule 8, to, the Utilities Act 2000 (c. 27), sections 149(1) and (5) and 197(9) of, and part 1 of Schedule 23 to, the Energy Act 2004 (c. 20) and S.I. 2011/2704.

(2)

1962 c. 58.

(3)

S.I. 1996/825.

(4)

1962 c. 58. Section 65(2) was amended by paragraphs 1 and 6 of Schedule 2 to the Energy Act 2011 (c. 16), S.I. 2000/1937 and S.I. 2011/2305.