Pipe-Lines Act 1962

20 † Power of the Minister to impose requirements with respect to mode of construction, &c., of pipe-lines. E+W+S

(1) [F1 The Health and Safety Executive] may at any time if [F1 the Executive] considers it necessary so to do in the interests of safety, by notice served on a person who is executing, or is proposing to execute, works in land for the construction of a pipe-line,—

(a) prohibit, as regards works for the construction of the line or of any length thereof specified in the notice, the execution of the works (so far as they fall to be executed after the service of the notice) otherwise than in such a manner as may be so specified;

(b) prohibit, as regards any length of the line specified in the notice, the construction thereof (so far as it falls to be constructed after the service of the notice) except of such materials, and with the inclusion of such safety devices, as may be specified in the notice or the incorporation therein in the course of the construction thereof (so far as it falls as aforesaid) of component parts of a class so specified that do not comply with such requirements as may be so specified;

(c) prohibit, as regards the line or any length thereof specified in the notice, the placing thereof (so far as, in the course of works for the construction thereof falling to be executed after the service of the notice, it falls to be placed below the surface of the ground) at a depth below that surface less than such as may be so specified.

(2) If a person on whom a notice is served under the foregoing subsection serves on the [F1 the Executive], before the expiration of twelve weeks from the date on which the notice was served, a counter-notice objecting to the notice, [F1 the Executive] shall afford him an opportunity of appearing before and being heard by a person appointed by [F1 the Executive] for the purpose, and if the first-mentioned person avails himself of the opportunity, [F1 the Executive] shall, before the expiration of twelve weeks from the date on which the hearing is concluded, consider the objection and the report of the person appointed to hear the objector and by notice served on the objector either quash the notice objected to, or confirm it without modification, or confirm it subject to such modification as appears to [F1 the Executive] to meet the objection.

The quashing under this subection of a notice served under the foregoing subsection shall neither be taken to prevent the service by [F1 the Executive] of a fresh notice nor affect the previous operation of the notice.

(3) In the event of a failure, in relation to works or a pipe-line, to comply with a prohibition imposed by a notice served under subsection (1) of this section, the person who executed the works for the construction of the line shall be guilty of an offence . . . F2

Textual Amendments

F1 Words substituted by virtue of S.I. 1974/1986, Sch. 2 para. 2

F2 Words repealed by S.I. 1974/1986, Sch. 7

Modifications etc. (not altering text)

C1 Unreliable marginal note

C2 Ss. 20–22 amended by S.I. 1990/1380, art. 3, 4

C3 S. 20 saved by virtue of Health and Safety at Work etc. Act 1974 (c. 37, SIF 43:3), s. 53, Sch. 1 and Tay Road Bridge Order Confirmation Act 1991 (c. iv), Sch. s. 62