Part 2Security of energy supplies

CHAPTER 3Upstream petroleum infrastructure

I1C1C283Power of Secretary of State to give a notice under section 82(11) on own initiative

1

This section applies where—

a

a person has made an application of a kind mentioned in subsection (1) of section 82 to the owner of a pipeline or facility, and

b

the applicant and the owner have not reached agreement on the application.

2

The Secretary of State may on his or her own initiative give a notice under subsection (11) of section 82 which would secure to the applicant the right sought in the application; but this is subject to subsection (8) of that section and subsections (3) and (4).

3

The Secretary of State may not exercise the power conferred by subsection (2) unless the Secretary of State is satisfied that—

a

the applicant and the owner have had a reasonable time in which to reach agreement on the application; and

b

there is no realistic prospect of them doing so.

4

In considering whether to exercise the power conferred by subsection (2) the Secretary of State must—

a

take into account (so far as relevant) the matters mentioned in paragraphs (a) to (g) of subsection (7) of section 82;

b

give the persons mentioned in subsection (5) an opportunity to be heard.

5

Those persons are—

a

the applicant and the owner;

b

any person with a right to have anything conveyed by the pipeline or processed by the facility;

c

the Health and Safety Executive; and

d

such other persons as the Secretary of State considers appropriate.