C1 Part I Gas Supply
F8 Use by other persons of public gas transporter’s pipe-line systems
S. 19 and preceding cross-heading substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 16; S.I. 1996/218, art. 2
22AF1 Construction of pipe-lines.
1
F2A gas transporter shall not at any time execute within 23 metres from a pipe-line of another gas transporter (the “other transporter”) any works for the construction of a pipe-line unless—
a
he has given the other transporter a notice stating that he intends to construct the pipe-line;
b
c
he has consulted with that transporter as to the manner in which—
i
the safety of the pipe-line is to be secured; and
ii
any escapes of gas (actual or suspected) from the pipe-line are to be dealt with F5; and.
d
(subject to subsection (1C)) where the existing pipe-line is a relevant main of the other transporter, that transporter has consented in writing to the construction of the proposed pipe-line, either unconditionally or subject to conditions.
F61A
Subsection (1) does not apply if the proposed pipe-line is required to enable a gas transporter to comply with any duty imposed by section 10(2).
1B
Conditions imposed under subsection (1)(d) may relate to matters arising after the construction of the proposed pipe-line, including the use to be made of the pipe-line.
1C
If the other transporter—
a
refuses or fails to give consent under subsection (1)(d); or
b
gives such consent subject to conditions,
consent may instead be given in writing by the Authority where it considers it appropriate to do so.
1D
Consent under subsection (1C) may only be given unconditionally or, in a case falling within subsection (1C)(b), subject to the same conditions as were imposed by the other transporter.
1E
A condition imposed on a gas transporter under this section shall be enforceable by civil proceedings by the other transporter for an injunction or for interdict or for any other appropriate relief.
2
A notice under subsection (1)(a) above shall—
a
specify the points between which the proposed pipe-line is to run and be accompanied by a map (drawn to an appropriate scale) on which is delineated the route which it is proposed to take;
b
specify the length, diameter and operating pressure of the proposed pipe-line and the kind of gas which it is designed to convey; and
c
contain such other particulars (if any) as may be prescribed.
3
In this section—
“construction”, in relation to a pipe-line, includes placing;
“pipe-line” has the same meaning as in the Pipe-lines Act 1962.
F7“relevant main” has the meaning given by section 10(12).
4
For the purposes of this section the execution of works in land for the purpose of determining whether or not it is suitable for the placing in it of a pipe-line and the carrying out of surveying operations for the purpose of settling the route of a proposed pipe-line shall be deemed not to constitute the execution of works for the construction of a pipe-line.
Pt. I: definition of "public gas supplier" applied (E.W.) (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 208(3)(b), 225(2) (with ss. 16(6), 179, 222(3), Sch. 22 para. 1, Sch. 23 para. 6)
Pt. I: definition of "public gas supplier" applied (E.W.) (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 178, 225(2), Sch. 22 para. 1(4)(e) (with ss. 16(6), 179, 222(3), Sch. 22 para. 1, Sch. 23 para. 6)
Pt. I applied (1.3.1996) by 1995 c. 45, s. 6(7); S.I. 1996/218, art. 2
Pt. I applied (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 1; S.I. 1996/218, art. 2