Petroleum and Submarine Pipe-lines Act 1975

33 Interpretation etc of Part III

(1) Except where the context otherwise requires, in this Part of this Act " pipe-line " means a pipe or system of pipes (excluding a drain or sewer) for the conveyance of any thing, together with any apparatus and works associated with such a pipe or system ; and for the purposes of this Part of this Act the following apparatus and works and no other shall be treated as associated with such a pipe or system, namely—

(a) any apparatus for inducing or facilitating the flow of any thing through, or through a part of, the pipe or system ;

(b) valves, valve chambers and similar works which are annexed to, or incorporated in the course of, the pipe or system;

(c) apparatus for supplying energy for the operation of any such apparatus or works as are mentioned in the preceding paragraphs;

(d) apparatus for the transmission of information for the operation of the pipe or system ;

(e) apparatus for the cathodic protection of the pipe or system; and

(f) a structure used or to be used solely for the support of a part of the pipe or system.

(2) The Secretary of State may by order provide that a part of a pipe-line specified in the order shall be treated for the purposes of this Part of this Act, except this subsection, as a pipe-line.

(3) For the purposes of this Part of this Act " owner " in relation to a pipe-line, and " proposed owner " in relation to a proposed pipe-line, mean the person for the time being designated as the owner of the pipe-line, or as the case may be as the proposed owner of the proposed pipe-line, by an order made by the Secretary of State, and an order designating a person as the proposed owner of a proposed pipe-line may also contain provision for him to be designated as the owner of the pipe-line in question at a time determined by or under the order; but it shall be the duty of the Secretary of State—

(a) before designating a person in pursuance of this subsection, to give him an opportunity of being heard with respect to the matter; and

(b) if a person for the time being designated in pursuance of this subsection requests the Secretary of State in writing to cancel the designation, to consider the request and, if the Secretary of State considers it appropriate to do so, to give that person an opportunity of being heard in connection with the request.

(4) The Secretary of State may by order revoke any order made in pursuance of subsection (2) or (3) of this section.

(5) Except where the context otherwise requires, in this Part of this Act the following expressions have the following meanings—

• " authorisation " means an authorisation required by section 20 of this Act;

• " construction " in relation to a pipe-line, includes placing, and cognate expressions shall be construed accordingly;

• " heard " means heard on behalf of the Secretary of State by a person appointed by him for the purpose;

• " holder ", in relation to an authorisation, means the person to whom the authorisation was issued;

• " pipe-line ", in relation to an application for a works authorisation, means the proposed pipe-line in respect of which the application is made ; and

• " works authorisation " means an authorisation for works for the construction of a pipe-line or for such works and for the use of the pipe-line.

(6) For the purposes of this Part of this Act, works at any place in, under or over controlled waters for the purpose of determining whether the place is suitable as part of the site of a proposed pipe-line and the carrying out of surveying operations for the purpose of settling the route of a proposed pipe-line are not works for the construction of a pipe-line.

(7) Any reference in this Part of this Act to a contravention of a provision of that Part or of regulations made or directions given by virtue of that Part includes a reference to a failure to comply with that provision.

(8) Any reference in this Part of this Act, except this subsection, to that Part includes a reference to Schedule 4 to this Act.

(9) This Part of this Act, so far as it applies to individuals or bodies corporate, applies to them notwithstanding that they are not British subjects or, as the case may be, are not incorporated under the law of any part of the United Kingdom.