The Deregulation (Pipe-lines) Order 1999

Explanatory Note

(This note is not part of the Order)

This Order is made under the Deregulation and Contracting Out Act 1994 which allows statutory provisions to be amended, without removing any necessary protection, in order to reduce burdens affecting persons carrying on business.

This Order amends the Pipe-lines Act 1962 which regulates and facilitates the construction of onshore pipe-lines. The 1962 Act covers all onshore pipe-lines in Great Britain except those of public gas transporters, the water companies, the Government and some other minor classes of pipes (see sections 58 to 62 of the 1962 Act). The Act creates two categories of pipe-lines. “Cross-country” pipe-lines (defined as those which exceed 16.093 kilometres in length) require authorisation from the Secretary of State under section 1 of the 1962 Act by means of a pipe-line construction authorisation which carries with it deemed planning permission. Pipe-lines 16.093 kilometres in length or less are classed as “local pipe-lines” and are subject to section 2 of the 1962 Act which requires notification to the Secretary of State at least sixteen weeks prior to construction. Local pipe-lines require local authority planning permission under the normal planning system.

This Order amends the procedure set out in the First Schedule to the 1962 Act for dealing with objections to applications for pipe-line construction authorisations. Currently, the Secretary of State cannot grant a pipe-line construction authorisation until any outstanding objections to the application for it have first been heard either at a public inquiry or hearing. This Order introduces a procedure allowing objections to be dealt with by means of written representations rather than by an oral hearing or a public inquiry. Objections will only be dealt with in this way if all objectors and the applicant so agree.

This Order repeals section 2 of the 1962 Act so that in future the Secretary of State will not have to be notified of the construction of local pipe-lines.

This Order also repeals section 7 of the 1962 Act. At present if a new pipe-line is to be added to another pipe-line, or connects two other pipe-lines, such that their combined length exceeds 16.093 kilometres, section 7(1) requires the new pipe to be authorised by the Secretary of State under section 1 of the Act. The repeal of section 7 means that in future an authorisation from the Secretary of State will only be required for the construction of a pipe where the length of the pipe being constructed is over 16.093 kilometres in length, regardless of the length of any pipe to which the new pipe is to be connected.

Under section 3(1) of the 1962 Act, a pipe-line diversion authorisation from the Secretary of State is required if a cross-country pipe is to be diverted outside permitted limits of deviation. A pipe-line diversion authorisation is also required for a local pipe-line for a diversion which makes the new length of the line as a whole more than 16.093 kilometres. This Order repeals section 3 of the 1962 Act so that diversions of existing pipes will be treated in the same way as the construction of new pipes, i.e. authorisation from the Secretary of State will only be required where the length of the section being constructed for the diversion is over 16.093 kilometres in length. However, the Order amends section 1 of the 1962 Act so that where a cross-country pipe-line is to be diverted after a pipe-line construction authorisation has been granted but prior to construction of the line in question, a pipe-line construction authorisation will be required for the diversion, whatever its length.

The Order also makes a number of consequential amendments, including amendments to preserve the powers of the Secretary of State under the existing sections 9 and 10 of the Act to avoid the construction of superfluous pipe-lines.