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.