Energy Act 2013

126 Application of the Pipe-lines Act 1962 E+W+S

(1) Subsection (3) applies in relation to any part of the government pipe-line and storage system which is for the time being owned otherwise than by the Secretary of State.

(2) In subsection (1) “owned” is to be construed in accordance with the definition of “owner” in section 66(1) of the Pipe-lines Act 1962.

(3) The following sections of that Act, namely—

(a) section 10 (provisions for securing that a pipe-line is so used as to reduce necessity for construction of others),

(b) section 36 (notification of abandonment, cesser of use and resumption of use of pipe-lines or lengths thereof),

apply in relation to any such part as if it were a pipe-line constructed pursuant to a pipe-line construction authorisation.

(4) Section 40(2) of that Act (application of the electronic communications code) applies—

(a) for the purposes of GPSS works as it applies for the purposes of works in pursuance of a compulsory rights order,

(b) to a person executing GPSS works as it applies to a person authorised to execute works in pursuance of such an order.

(5) In subsection (4) “GPSS works” means—

(a) works for inspecting, maintaining, adjusting, repairing, altering or renewing the government pipe-line and storage system or any part of it;

(b) works for changing the position of the system or any part of it;

(c) works for removing the system or any part of it;

(d) breaking up or opening land for the purpose of works falling within paragraph (a), (b) or (c), or tunnelling or boring for that purpose;

(e) other works incidental to anything falling within paragraph (a), (b), (c) or (d).

(6) To the extent that anything done under or by virtue of this Part constitutes the execution of pipe-line works for the purposes of section 45 of the Pipe-lines Act 1962 (obligation to restore agricultural land), subsection (3) of that section has effect as if after “this Act” there were inserted “ or any provision of Part 4 of the Energy Act 2013 ”.

Commencement Information

I1 S. 126 in force at 30.4.2015 by S.I. 2015/817, art. 2(a)