Part 3Nationally significant infrastructure projects
Energy
I121Other pipe-lines
1
The construction of a pipe-line other than by a gas transporter is within section 14(1)(g) only if (when constructed) the pipe-line is expected to be—
a
a cross-country pipe-line,
b
a pipe-line the construction of which would (but for section 33(1) of this Act) require authorisation under section 1(1) of the Pipe-lines Act 1962 (c. 58) (cross-country pipe-lines not to be constructed without authorisation), and
c
within subsection (2).
2
A pipe-line is within this subsection if one end of it is in England or Wales and—
a
the other end of it is in England or Wales, or
b
it is an oil or gas pipe-line and the other end of it is in Scotland.
3
For the purposes of section 14(1)(g) and the previous provisions of this section, the construction of a diversion to a pipe-line is treated as the construction of a separate pipe-line.
4
But if—
a
the pipe-line to be diverted is itself a nationally significant pipe-line, and
b
the length of the pipe-line which is to be diverted has not been constructed,
the construction of the diversion is treated as the construction of a cross-country pipe-line, whatever the length of the diversion.
5
For the purposes of subsection (4), a pipe-line is a nationally significant pipe-line if—
a
development consent is required for its construction by virtue of section 14(1)(g), and has been granted, or
b
its construction has been authorised by a pipe-line construction authorisation under section 1(1) of the Pipe-lines Act 1962 (c. 58).
6
“Diversion” means a lateral diversion of a length of a pipe-line (whether or not that pipe-line has been constructed) where the diversion is beyond the permitted limits.
7
The permitted limits are the limits of lateral diversion permitted by any of the following granted in respect of the construction of the pipe-line—
a
development consent;
b
authorisation under the Pipe-lines Act 1962;
c
planning permission.