(1)In the case of any pipe-line, [F1the Health and Safety Executive] may at any time by notice served on the owner thereof impose such requirements with respect to all or any of the following matters as he thinks it expedient to impose in the interests of safety, namely,—
(a)the examination, repair, maintenance, adjustment and testing of the line;
(b)the inspection of the route taken by the line.
(2)If at any time [F1the Executive] is satisfied with respect to a pipe-line or a length of a pipe-line that, in the interests of safety, the unrestricted use of the line or length ought no longer to be permitted, he may by notice served on the the owner of the line—
(a)require that the line shall be so operated that the pressure of its contents, or, as the case may be, the pressure of the contents of that length of it, will at no point exceed [F2such number of bars as may be specified]in the notice; or
(b)prohibit the use (either absolutely or for the conveyance of any thing other than a thing of a particular kind specified in the notice or a thing of a class so specified) of the line or, as the case may be, that length of it, until there have been effected thereto such alterations as may be so specified, being alterations as to which [F1the Executive] is satisfied that the effecting thereof will suffice to permit of the resumption of the use of the line or length without restriction.
(3)Subsection (2) of section twenty of this Act shall, with the substitution, for references to subsection (1) of that section, of references to the foregoing provisions of this section, have effect for the purposes of this section as it has effect for the purposes of that section.
(4)In the event of a failure, in relation to a pipe-line or a length of a pipe-line, to comply with a requirement or prohibition imposed by a notice served under the foregoing provisions of this section, the owner of the line shall be guilty of an offence . . . F3
(5)Where, in consequence of the effecting of alterations to a pipe-line or a length of a pipe-line in consequence of the service of a notice under subsection (2) of this section a person, other than the person on whom the notice was served, suffers loss by reason of damage to, or disturbance in the enjoyment of, any land or chattels, he shall be entitled to compensation in respect of that loss from the person on whom the notice was served.
Textual Amendments
F1Words substituted by virtue of S.I. 1974/1986, Sch. 2 para. 2
F2Words substituted by S.I. 1981/695, art. 2
F3Words repealed by S.I. 1974/1986, Sch. 7
Modifications etc. (not altering text)
C1S. 23 amended by S.I. 1990/1380, art. 3, 4
C2S. 23 saved by virtue of Health and Safety at Work etc. Act 1974 (c. 37, SIF 43:3), s. 53, Sch. 1 and Tay Road Bridge Order Confirmation Act 1991 (c. iv), Sch. s. 62
C3S. 23 saved by virtue of Health and Safety at Work etc. Act 1974 (c. 37, SIF 43:3), s. 53, Sch. 1 and Highland Regional Council (Harbours) Order Confirmation Act 1991 (c. xii), s. 61(1)(f)