The Gas (Northern Ireland) Order 1996

Enforcement of requirements imposed under Article 50

51.—(1) In the event of a failure, in relation to the execution of works in land for the construction of a pipe-line, to comply with any prohibition imposed by a notice served under Article 50(1)(a), the Department may serve on the person who executed the works a notice requiring him to remove so much of the works as has been executed without compliance with the prohibition or, if he so elects, to effect such alterations thereto as may be necessary to make them comply with the prohibition.

(2) In the event of a failure, in relation to the execution of works in land for the construction of a pipe-line, to comply with any prohibition imposed by a notice served under Article 50(1)(b), (c) or (d), the Department may serve on the owner of the line a notice requiring him to remove so much of the line as has been constructed without compliance with the prohibition or, if he so elects, to effect such alterations thereto as may be necessary to comply with the prohibition.

(3) If a person on whom a notice is served under paragraph (1) or (2) fails, before the expiration of 6 weeks from the date on which the. notice was served, or such longer period as the Department may on his application allow, to comply with the requirement imposed by the notice, the Department may—

(a) enter and remove any works or length of line with respect to which there has been a failure to comply with the requirement, or

(b) effect such alterations to the works or line as the Department deems necessary.

(4) Where, in consequence of compliance with a requirement imposed by a notice served on a person under paragraph (1) or (2), another person suffers loss by reason of damage to, or disturbance in the enjoyment of, any land or chattels, that other person shall be entitled to compensation in respect of that loss from the person on whom the notice was served.

(5) Where, in consequence of the exercise by the Department of the powers conferred by paragraph (3), a person (other than the person on whom the notice was served under paragraph (1) or (2)) 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 Department.

(6) The Department may recover from the person on whom a notice under paragraph (1) or (2) was served—

(a) the expenses reasonably incurred by it in taking any action under paragraph (3); and

(b) the amount of any compensation paid by it under paragraph (5).

(7) The removal of any works or length of pipe-line required to be removed by a notice under paragraph (1) or (2) and any change in the use of land which is involved in that removal shall not constitute development for the purposes of the [1991 NI 11.] Planning (Northern Ireland) Order 1991.

(8) The service of a notice under paragraph (1) or (2) in consequence of any such failure as is therein mentioned shall be without prejudice to the taking of proceedings under Article 50(6).