Gas Act 1965

12 The right to store gas underground and related rights.

(1) A gas authority may be authorised under section 11 of the principal Act (compulsory purchase of land) to purchase compulsorily a right to store gas in an underground gas storage, and Part I of Schedule 4 to this Act shall apply in relation to any such compulsory purchase.

(2) Subject to section 10(1) of this Act, the right acquired under the foregoing subsection shall be an exclusive right to use the stratum for the purpose of the underground gas storage, and to prevent other persons from using it for that or any other purpose.

(3) Where, by a deed or instrument in which it is certified by a gas authority that the instrument is made in connection with the acquisition of rights to store gas in an underground gas storage, any person having an interest in land grants, or agrees to grant, to a gas authority a right to store gas in an underground gas storage or any other right over the land, the grant or agreement shall, subject to the provisions of the [1925 c. 22.] Land Charges Act 1925 and the [1925 c. 21.] Land Registration Act 1925 applied by the next following subsection, be binding upon any person deriving title or otherwise claiming under the grantor to the same extent as it is binding upon the grantor, notwithstanding that it would not have been binding upon that person apart from the provisions of this subsection.

(4) Any right to store gas in an underground gas storage which is vested in a gas authority (whether created by compulsory purchase order or not), and any right to which the last foregoing subsection applies, shall be deemed to be a charge affecting land falling within paragraph (iii) of Class D in section 10 of the [1925 c. 22.] Land Charges Act 1925, and that Act and the [1925 c. 21.] Land Registration Act 1925 shall have effect accordingly

(5) Where any deed or instrument referred to in subsection (3) of this section relates to a right to store gas in an underground gas storage in Scotland, the deed or instrument shall be recorded as soon as may be by the person deriving a right to store gas as aforesaid in the General Register of Sasines.

(6) A gas authority shall not dispose of a right to store gas in any part of an underground gas storage to a person other than another gas authority or the person who would have been entitled to grant that right if it had not been acquired by any gas authority.