Pipe-lines Act 1962

Section 34.

FIFTH SCHEDULE Inquiries into pipe-line Accidents

1 An inquiry in pursuance of a direction under section thirty-four of this Act with respect to- an event shall be held by a competent person appointed by the Minister, and that person may conduct the inquiry either alone or with the assistance of an assessor or assessors so appointed.

2 The Minister may pay to the person appointed to hold the inquiry and to any assessor appointed to assist him such remuneration and allowances as the Minister may, with the approval of the Treasury, determine.

3 The person appointed to hold the inquiry (hereafter in this Schedule referred to as " the court") shall hold the inquiry in such manner and under such conditions as the court thinks most effectual for ascertaining the causes, circumstances and effects of the event and for enabling the court to make the report hereafter in this Schedule mentioned.

4 The court shall, for the purposes of the inquiry, have power—

(a) to enter and inspect any place or building the entry or inspection whereof appears to the court requisite for the said purposes ;

(b) by summons signed by the court to require any person to attend, at such time and place as is specified in the summons, to give evidence or produce any documents in his custody or under his control which the court considers it necessary for the purposes of the inquiry to examine ;

(c) to require a person appearing at the inquiry to furnish to any other person appearing thereat, on payment of such fee, if any, as the court thinks fit, a copy of any document offered, or proposed to be offered, in evidence by the first-mentioned person;

(d) to take evidence on oath, and for that purpose to administer oaths, or, instead of administering an oath, to require the person examined to make and subscribe a declaration of the truth of the matter respecting which he is examined;

(e) to adjourn the inquiry from time to time ; and

(f) subject to the foregoing sub-paragraphs, to regulate the procedure of the court.

5 A person attending as a witness before the court shall be entitled to be paid by the Minister such expenses as would be allowed to a witness attending on subpoena before a court of record, and any dispute as to the amount to be so allowed shall be referred by the court to a master of the Supreme Court who, on request signed by the court, shall ascertain and certify the proper amount of the expenses.

6 The court shall make a report to the Minister stating the causes, circumstances and effects of the event, adding any observations which the court thinks it right to make, and the Minister shall cause copies of the report, or so much thereof as it is not in his opinion inconsistent with the interests of national security to disclose, to be laid before Parliament.

7 If any person—

(a) without reasonable excuse (proof whereof shall lie on him), and after having the expenses (if any) to which he is entitled tendered to him, fails to comply with any summons or requisition of the court; or

(b) does any other thing which would, if the court had been a court of law having power to commit for contempt, have been contempt of that court,

the court may, by instrument signed by the court, certify the offence of that person to the High Court or, in Scotland, the Court of Session, and the High Court or Court of Session may thereupon inquire into the alleged offence and after hearing any witnesses who may be produced against or on behalf of the person charged with the offence, and after hearing any statement that may be offered in defence, punish or take steps for the punishment of that person in like manner as if he had been guilty of contempt of the High Court or, as the case may be, the Court of Session.

8 In the application of this Schedule to Scotland, for references to a master of the Supreme Court, to a witness attending on subpoena before a court of record, and to a summons there shall be respectively substituted references to the Auditor of the Court of Session, to a witness attending on citation the High Court of Justiciary, and to an order.

Table of Statutes referred to in this Act

Short Title	Session and Chapter
Lands Clauses Consolidation Act, 1845	7 & 8 Vict. c. 18.
Lands Clauses Consolidation (Scotland) Act, 1845	7 & 8 Vict. c. 19.
Telegraph Act, 1878	41 & 42 Vict. c. 76.
Interpretation Act, 1889	52 & 53 Vict. c. 63.
Fatal Accidents Inquiry (Scotland) Act, 1895	58 & 59 Vict. c. 36.
Ministry of Transport Act, 1919	9 & 10 Geo. 5. c. 50.
Acquisition of Land (Assessment of Compensation) Act, 1919	9 & 10 Geo. 5. c. 57.
Mines (Working Facilities and Support) Act, 1923	13 & 14 Geo. 5. c. 20.
Rating and Valuation Act, 1925	15 & 16 Geo. 5. c. 90.
Petroleum (Consolidation) Act, 1928	18 & 19 Geo. 5. c. 32.
Local Government Act, 1933	23 & 24 Geo. 5. c. 51.
Public Health Act, 1936.	26 Geo. 5 & 1 Edw. 8. c. 49.
Private Legislature Procedure (Scotland) Act, 1936	26 Geo. 5 & 1 Edw. 8. c. 52.
Ministry of Fuel and Power Act, 1945	8 & 9 Geo. 6. c. 19.
Water Act, 1945	8 & 9 Geo. 6. c. 42.
Statutory Orders (Special Procedure) Act, 1945	9 & 10 Geo. 6. c. 18.
Water (Scotland) Act, 1946	9 & 10 Geo. 6. c. 42.
New Towns Act, 1946	9 & 10 Geo. 6. c. 68.
Fire Services Act, 1947	10 & 11 Geo. 6. c. 41.
Local Government (Scotland) Act, 1947	10 & 11 Geo. 6. c. 43.
Town and Country Planning Act, 1947	10 & 11 Geo. 6. c. 51.
Town and Country Planning (Scotland) Act, 1947	10 & 11 Geo. 6. c. 53.
Electricity Act, 1947	10 & 11 Geo. 6. c. 54.
Requisitioned Land and War Works Act, 1948	11 & 12 Geo. 6. c. 17.
Local Government Act, 1948	11 & 12 Geo. 6. c. 26.
Gas Act, 1948	11 & 12 Geo. 6. c. 67.
Special Roads Act, 1949	12, 13 & 14 Geo. 6. c. 32.
Lands Tribunal Act, 1949	12, 13 & 14 Geo. 6. c. 42.
Agricultural Holdings (Scotland) Act, 1949	12, 13 & 14 Geo. 6. c. 75.
Housing (Scotland) Act, 1950	14 Geo. 6. c. 34.
Public Utilities Street Works Act, 1950	14 Geo. 6. c. 39.
Rivers (Prevention of Pollution) Act, 1951	14 & 15 Geo. 6. c. 64.
Rivers (Prevention of Pollution) (Scotland) Act, 1951	14 & 15 Geo. 6. c. 66.
Customs and Excise Act, 1952	15 & 16 Geo. 5 & 1 Eliz. 2. c. 44.
Mines and Quarries Act, 1954	2 & 3 Eliz. 2. c. 70.
Oil in Navigable Waters Act, 1955	3 & 4 Eliz. 2. c. 25.
Housing Act, 1957	5 & 6 Eliz. 2. c. 56.
Land Powers (Defence) Act, 1958	6 & 7 Eliz. 2. c. 30.
Highways Act, 1959	7 & 8 Eliz. 2. c. 25.
Road Traffic and Roads Improvement Act, 1960	8 & 9 Eliz. 2. c. 63.
Land Compensation Act, 1961	9 & 10 Eliz. 2. c. 33.
Factories Act, 1961	9 & 10 Eliz. 2. c. 34.
Land Drainage Act, 1961	9 & 10 Eliz. 2. c. 48.