Pipe-lines Act 1962

SCHEDULES

Sections 1, 3 and 47.

FIRST SCHEDULE Applications for Grant of Pipe-line Construction and Diversion Authorisations

PART I Applications for Grant of Pipe-line Construction Authorisations

1 An application for the grant of a pipe-line construction authorisation must be made to the Minister in writing and must—

(a) state the name and address of the person who will be the owner of the proposed pipe-line ;

(b) specify the points between which the proposed pipe-line is to run and be accompanied by three copies of a map (whereof the scale shall be not less than that of six inches to the mile) on which is delineated the route between those points which, subject to lateral deviation therefrom within such limits (if any) as may be specified in the authorisation, it is to take ;

(c) state whether or not the grant of any rights or the giving of any street or river works consents is requisite to enable the proposed pipe-line to be constructed and to be, during the period during which it may reasonably be expected to remain, inspected, maintained, adjusted, repaired and renewed and, if it be the case that the grant of any rights or the giving of any such consents is requisite for that purpose, specify the rights and consents the grant or giving of which is so requisite and state, with respect to each of them, whether the grant or giving thereof has been, or can be, obtained ;

(d) state what is proposed to be conveyed in the proposed pipe-line ;

(e) contain such other (if any) particulars as may be prescribed.

2 Where an application for the grant of a pipe-line construction authorisation is duly made to the Minister, he shall take it into consideration and shall give notice to the applicant of his decision either that he refuses to grant the application or that the application is (without prejudice, however, to subsequent refusal thereof in the exercise of his discretion) to be allowed to proceed.

3 (1) Where an applicant for the grant of a pipe-line construction authorisation is given notice under the last foregoing paragraph that his application is to be allowed to proceed, compliance with the following requirements shall be a condition precedent to the taking by the Minister of further steps in the matter of the application, namely.—

(a) there must be published by the applicant in the Gazette and thereafter also in such other manner as the Minister may direct (being the manner appearing to him to be best calculated for informing persons inhabiting land in the vicinity of the route to be taken by the proposed pipeline) a notice stating that application has been made to the Minister for the grant of the authorisation, naming a place where a copy of the map that accompanied the application can be inspected and stating the time (not being less than twenty-eight days from the date of the happening of the relevant event) within Which, and the manner in which, objections to the application can be sent to the Minister ;

(b) a like notice must be served by the applicant on every local planning authority in whose area any part of the route of the proposed pipe-line will lie and on such (if any) other persons as may be specified by the Minister.

(2) In the foregoing sub-paragraph " relevant event" means, in relation to a notice published in compliance with the requirement of head (a), the publication or first publication of the notice in the manner directed by the Minister, and, in relation to a notice served in compliance with the requirement of head (b), the service of the notice, and " the Gazette " means—

(a) in relation to an application for the grant of an authorisation for the execution of works for the placing of a proposed pipe-line along a route lying wholly in England and Wales, the London Gazette ;

(b) in relation to an application for the grant of an authorisation for the execution of works for the placing of a proposed pipe-line along a route lying wholly in Scotland, the Edinburgh Gazette ;

(c) in relation to an application for the grant of an authorisation for the execution of works for the placing of a proposed pipe-line along a route lying partly in England and Wales and partly in Scotland, the London Gazette and the Edinburgh Gazette.

4 (1) Where the proper notices concerning an application for the grant of a pipe-line construction authorisation have been published and served under the last foregoing paragraph, and an objection to the application is duly made by a local planning authority within whose area the route to be taken by the proposed pipe-line or any part thereof will lie, and is not withdrawn, the Minister shall in no event grant the application without causing a public inquiry to be held with respect to the objection and considering the report of the person who held it; and where such notices as aforesaid have been so published and served and an objection to the application is duly made by a person other than a local planning authority, and is not withdrawn, the Minister shall in no event grant the application without either causing a public inquiry to be held with respect to the objection and considering the report of the person who held it or affording to the person making the objection an opportunity of appearing before and being heard by a person appointed by the Minister for the purpose and considering the report of the person so appointed.

(2) The Minister may, if he thinks fit, cause a public inquiry to be held with respect to an application for the grant of a pipe-line construction authorisation notwithstanding that no objection to the application has been duly made by a local planning authority or that every objection duly so made has been withdrawn.

5 Where the Minister refuses an application for (the grant of a pipe-line construction authorisation, he shall give to the applicant a written statement of his reasons for so doing.

6 (1) A pipe-line construction authorisation may authorise the execution of works for the placing of the proposed pipe-line along the route delineated on the map whereof copies accompanied the application for the grant of the authorisation or along a modified route, but shall not authorise the execution of works for the placing of it along a modified route unless the Minister is satisfied that full opportunity for objection to departure from the route delineated as aforesaid has been afforded at a public inquiry.

(2) A pipe-line construction authorisation may specify limits within which lateral deviation from the route to be taken by the proposed pipe-line is permissible.

7 There shall be annexed to every pipe-line construction authorisation a map (whereof the scale shall be not less than that of six inches to the mile) on which is delineated the route along which the proposed pipe-line is authorised to be placed by means of the execution of works whose execution is authorised by the authorisation.

8 In this (Part of this Schedule " local planning authority " means an authority which for the purposes of the Town and Country Planning Act, 1947, or the Town and Country Planning (Scotland) Act, 1947, is a local planning authority.

PART II Modifications subject to which Part I has Effect in its Application to Applications for Pipe-line Diversion Authorisations

9 The modifications subject to which Part I of this Schedule has effect as applied by subsection (4) of section three of this Act are the following :—

(a) for references to a pipe-line construction authorisation there shall be substituted references to a pipe-line diversion authorisation ;

(b) the name and address required by sub-paragraph (a) of paragraph 1 shall, instead of being that therein specified, be that of the person who (according to the circumstances of the case) is or will be the owner of the pipe-line in question and sub-paragraph (d) of that paragraph shall be omitted ;

(c) for references to the proposed pipe-line there shall be substituted references to the portion of pipe-line to be diverted.

Sections 11, 12 and 47.

SECOND SCHEDULE Applications for Grant of Compulsory Purchase Orders and Compulsory Rights Orders

PART I Applications for Grant of Compulsory Purchase Orders

1 An application for a compulsory purchase order must be made to the Minister in writing and must—

(a) state the name and address of the person in whose favour the order whose making is sought by the application is to be made ;

(b) be accompanied by three copies of a map (whereof the scale shall be not less than that of six inches to the mile) on which are delineated the boundaries of the land proposed to be comprised in the order ;

(c) contain such other (if any) particulars as may be prescribed.

2 Where an application for a compulsory purchase order is duly made to the Minister, he shall take it into consideration and shall give notice to the applicant of his decision either that he refuses 10 make the order or that the application is (without prejudice, however, to subsequent refusal thereof in the exercise of his discretion) to be allowed to proceed.

3 Where an applicant for a compulsory 'purchase order is given notice under the last foregoing paragraph that his application is to be allowed to proceed, compliance with the following requirements of (this sub-paragraph (and, where subsection (1) of section fifty-one of this Act applies, with: the requirement specified therein) shall be a condition precedent to the taking by the Minister of further steps in the matter of (the application, namely.—

(a) there must be published by the applicant in two successive weeks in one or more local newspapers circulating in the locality in which the land proposed to be comprised in the order is situate a notice in the prescribed form stating that application has been made to the Minister for the making of the order, describing the land, naming a place in the locality where a copy of the map (that accompanied the application may be inspected, and specifying the time (not being less than twenty-eight days from the date on which the notice is first published) within which and the manner in which objections to the application may be made Ito the Minister ;

(b) there must be served by the applicant on every owner, lessee and occupier (except tenants for a month or any period less than a month) of any land proposed to be comprised in the order a notice in the prescribed form stating the effect of the order and that application for the making thereof has been made to the Minister, and specifying the time (mot being less 'than twenty-eight days from the date on which the notice is served) within which and the manner in which objection to the application may be made to the Minister.

4 (1) Where the proper notices concerning an application for the making of a compulsory purchase order have been published and served under the last foregoing paragraph, and an objection to the application is duly made by any such owner, lessee or occupier as aforesaid and is mot withdrawn, /the Minister shall in no event grant the application without either causing a public inquiry to be held with respect to the objection and considering the report of the person who held it or affording to the objector an opportunity of appearing before and being heard by a person appointed by the Minister for the purpose and considering the report of the person so appointed.

(2) If any such owner, lessee or occupier as aforesaid by whom an objection has been made avails himself of the opportunity of being heard, the Minister shall afford to the applicant for the order, and to any other persons to whom it appears to the Minister expedient to afford it, an opportunity of being heard on the same occasion.

(3) Notwithstanding anything in the two last foregoing sub-paragraphs, the Minister may require any such owner, lessee or occupier as aforesaid who has made an objection to state in writing the grounds thereof, and may disregard for the purposes of this paragraph an objection made by any such owner, lessee or occupier as aforesaid if he is satisfied that the objection relates exclusively to matters which can be dealt with by the Lands Tribunal.

(4) In relation to Scotland any inquiry required by sub-paragraph (1) of this paragraph shall, if the Minister so directs, be held by Commissioners under the Private Legislation Procedure (Scotland) Act, 1936, and where any direction is so given—

(a) it shall be deemed to have been given under section two, as read with section ten, of the Statutory Orders (Special Procedure) Act, 1945 ;

(b) 'the publication and service under the last foregoing paragraph of the proper notices concerning the application for the making of the order shall be deemed to be sufficient compliance with the requirements of subsection (1) of the said section two with regard to the giving of notice by advertisement; and

(c) subsection (2) of section forty-seven of this Act shall not apply to such inquiry.

5 Where the Minister refuses to make a compulsory purchase order, he shall give to the (applicant 'therefor a written statement of his reasons for so doing.

6 A compulsory purchase order may be made with or without modification as regards the land sought to be comprised therein, but shall not, unless all persons interested consent, be so made as to authorise the person in whose favour it is made to purchase any land which the order would not have authorised that person to purchase if it had been made without modification.

7 (1) There shall be annexed (to every compulsory purchase order a map (whereof the scale shall be not less than that of six inches to the mile) on which is plainly delineated the boundaries of the land comprised in the order.

(2) So soon as may be after a compulsory purchase order has been made the person in whose favour it has been made shall publish in one or more local newspapers circulating in the locality in which the land comprised in the order is situate a notice in the prescribed form, describing the land, stating that the order has been made and naming a place where a copy of the order and of the map annexed thereto may be inspected at all reasonable hours, and shall serve a like notice, a copy of the order and a copy (on the same scale) of the map annexed to the order on every person who is an owner, lessee or occupier of any land comprised in the order.

8 Where application is made to the Minister for (the making of a compulsory purchase order applicable to land which includes land which has been acquired by statutory undertakers for the purposes of their undertaking, then if on a representation made to the appropriate Minister before the expiration of the time specified in the notice published, as regards that application, in pursuance of sub-paragraph (a) of paragraph 3 of this Schedule that Minister is satisfied—

(a) that any of the said land is used for the purposes of the carrying on of their undertaking, or

(b) that an interest in any of the said land is held for those purposes,

the order shall not be made so as to authorise the purchase of any land as to which that Minister is satisfied as aforesaid except land as to which he is satisfied that its nature and situation are such—

(i) that it can be purchased and not replaced without serious detriment to the carrying on of the undertaking, or

(ii) that, if purchased, it can be replaced by other land belonging to, or available for acquisition by, the undertakers without such detriment as aforesaid,

and certifies accordingly.

9 (1) If a person aggrieved by a compulsory purchase order (not being one confirmed by Act of Parliament under section six of the Statutory Orders (Special Procedure) Act, 1945, or under subsection (4) of section two, as read with section ten, of that Act) desires to question the validity thereof or of any provision contained therein on the ground that the making of the order or the inclusion of that provision was not authorised by this Act or on the ground that any requirement of this Act or of any regulation thereunder has not been complied with in relation to the order, he may, within six weeks from the date on which the order becomes operative under the said Act of 1945, make an application for the purpose to the High Court or the Court of Session, as the case may be.

(2) On an application under the foregoing sub-paragraph, the court—

(a) may, by interim order, suspend the operation of the order whose validity is questioned, or of any provision of that order, either generally or so far as it affects any property of the applicant or a part of any such property, until the final determination of the proceedings; and

(b) if satisfied that the making of the order whose validity is questioned or the inclusion of any provision therein was not authorised by this Act or that the interests of the applicant have been substantially prejudiced by failure to comply in relation to the order with any such requirement as aforesaid, may quash the order, or any provision thereof, either generally or so far as it affects any property of the applicant or a part of any such property.

(3) Except as provided by this paragraph a compulsory purchase order shall not, either before or after it is made, be questioned in any legal proceedings whatever.

PART II Modifications subject to which Part I has Effect in its Application to Applications for Grant of Compulsory Rights Orders

10 (1) The modifications subject to which Part I of this Schedule has effect 'as applied by subsection (3) of section twelve of this Act are those set out in the following provisions of this paragraph.

(2) For references to a compulsory purchase order there shall be substituted references to a compulsory rights order.

(3) There shall be included amongst the requirements with which, by virtue of paragraph 1, the application must comply a requirement that it shall state what rights are sought to be obtained by the application.

(4) There shall be included amongst the particulars to be included in a notice published in pursuance of paragraph 3 particulars of the rights sought to be obtained by the application.

(5) For paragraph 6 there shall be substituted the following paragraph :—

“6 A compulsory rights order may be made with or without modification as regards the land sought to be comprised therein or the nature of the rights for the exercise of which authorisation is sought by the order but shall not, unless all persons interested consent, be so made as to authorise the person in whose favour it is made to exercise any right which the order would not have authorised him to exercise if it had been made without modification or to exercise rights in relation to any land in relation to which the order would not have authorised him to exercise rights if it had been so made.”

(6) There shall be included amongst the particulars to be included in a notice published in pursuance of sub-paragraph (2) of paragraph 7 a statement of the rights of which (the exercise is authorised by the order.

(7) In paragraph 8, for the words from " the order shall not be made " to the end of the paragraph (there shall be substituted the words “the order shall not be made so as to authorise (the exercise of a right over any land as to which that Minister is satisfied as aforesaid unless he is also satisfied—

(a) that the nature and situation of the land are such (that the exercise thereover of (that right will not cause serious detriment to the carrying on of the undertaking, or

(b) that such conditions will be attached to the order under section thirteen of this Act as will ensure that the exercise over the land of that right will mot cause such serious detriment as aforesaid,

and certifies accordingly”.

Section 11.

THIRD SCHEDULE Provisions for rendering Compulsory Purchase Orders effectual, &c

1 (1) In relation to a compulsory purchase order, the Lands Clauses Acts are hereby incorporated with this Act, with the exception of the following provisions of the Lands Clauses Consolidation Act, 1845, namely.—

(a) sections eighty-five to eighty-eight (entry on land before purchase, on making deposit by way of security and giving bond);

(b) sections one hundred and fifty and one hundred and fifty one (access to the special Act).

(2) In construing the Lands Clauses Acts as incorporated with this Act—

(a) this Act and the compulsory purchase order shall be deemed to be the special Act;

(b) references to the promoters of the undertaking shall be construed as references to the person authorised by the compulsory purchase order to purchase the land comprised therein.

2 For the purposes of the incorporation with this Act in relation to a compulsory purchase order of the Lands Clauses Acts the following provisions shall be deemed to be included in the Lands Clauses Consolidation Act, 1845, in substitution for section ninety-two thereof, that is to say, that no person shall be required to sell a part only of any house, building or manufactory, or of a park or garden belonging to a house, if he is willing and able to sell the whole of the house, building, manufactory, park or garden, unless the Lands Tribunal determines that, in the case of a house, building or manufactory, such part as is proposed to be taken can be taken without material detriment to the house, building or manufactory, or, in the case of 1a park or garden, that such part as aforesaid can be taken without seriously affecting the amenity or convenience of the house, and, if the Lands Tribunal so determines, it shall award compensation in respect of any loss due to the severance of the part proposed to be taken in addition to the value of that part, and thereupon the party interested shall be required to sell to the person in whose favour the compulsory purchase order is made that part of the house, building, manufactory, park or garden.

3 In determining a question with respect to compensation claimed in consequence of the making of a compulsory purchase order the Lands Tribunal shall not take into account any interest in land, or any enhancement of the value of any interest in land, by reason of any building erected, works executed or improvement or alteration made, whether on the land comprised in the order or on any other land with which the claimant is, or was at the time of the erection, doing or making of the building, works, improvement or alteration, directly or indirectly concerned, if the Tribunal is satisfied that the creation of the interest, the erection of the building, the execution of the works, or the making of the improvement or alteration, as the case may be, was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.

4 In the application of this Schedule to Scotland, for references to the Lands Clauses Consolidation Act, 1845, and to sections eighty-five, eighty-eight, ninety-two, one hundred and fifty and one hundred and fifty-one thereof, there shall be substituted respectively references to the Lands Clauses Consolidation (Scotland) Act, 1845, and to sections eighty-four, eighty-six, ninety, one hundred and forty-two and one hundred and forty-three thereof.

Section 12.

FOURTH SCHEDULE Ancillary Rights that may be conferred by a Compulsory Rights Order

1 A right for any person authorised by the person for whose benefit the compulsory rights order enures to pass over the land comprised in the order for the purpose of getting to or from the pipe-line on foot or with vehicles, and, where the right specified by the order is one of passing with vehicles, to transport materials, plant and apparatus therein.

2 A right to place, continue or renew markers for indicating the position of the pipe-line in so far as it is placed below the surface of the land comprised in the order.

3 A right to erect stiles, gates, bridges or culverts for the facilitation of access to the pipe-line.

4 A right to construct such works accessory to the pipe-line as may be specified in the order, being works for the facilitation of maintenance or inspection of the pipe-line or for protecting it from damage.

5 A right temporarily to place on the land comprised in the order materials, plant or apparatus required in connection with the pipe-line and brought on to the land by a vehicle in pursuance of such a right as is mentioned in paragraph 1 of this Schedule.

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.