[F112 Permanent power to maintain government oil pipe-lines. E+W+S
(1)In relation to government oil pipe-lines and works accessory thereto subsection (1), and paragraph (a) of subsection (3), of section twenty-eight of the Act of 1945 (which authorise the maintenance and use of government war works for the purpose of the public service or for any other purpose for which they were maintained or used in the exercise of emergency powers, and preserve the rights of persons using the works) shall, subject to the provisions of this Act, have permanent effect.
(2)In relation to government oil pipe-lines and works accessory thereto the powers conferred by the said section twenty-eight shall include power to maintain and use any such line or accessory works, or authorise the use thereof, for any purpose for which they are suitable.
(3)In this Act the expression “government oil pipe-line” means any government war works being the whole or part of a main or pipe installed for the transmission of petroleum.
(4)A Minister may remove any main or pipe or part thereof, being a government oil pipe-line, or any works accessory thereto, and may replace any such thing previously removed; and section twenty-eight of the Act of 1945 and this Act shall apply to any replacement as if it had been the original thing removed.
(5)If in pursuance of an agreement with a Minister a government oil pipe-line is diverted, or any works accessory thereto are moved to a new site, the said section twenty-eight and this Act shall apply to the line as diverted, or to the works on the new site as the case may be, as if it or they had been the original line or works.
(6)If without the consent of a Minister any building or structure is erected over a government oil pipe-line or works accessory thereto or the site of such a line or such works, or so near thereto as to obstruct the use of the line or works or access thereto or to the site thereof, a Minister may cause the building or structure to be removed and may recover the cost of the removal from the person by whom the building or structure was erected.
(7)Any person who without lawful authority tampers with, alters or removes a government oil pipe-line or works accessory thereto shall be liable on summary conviction to a fine not exceeding ten pounds.]
Textual Amendments
F1S. 12 ceases to have effect (E.W.S.) (30.4.2015) by virtue of Energy Act 2013 (c. 32), ss. 128(2)(a), 156(1) (with s. 130); S.I. 2015/817, art. 2(a)
Modifications etc. (not altering text)
C1S. 12 saved by Public Utilities Street Works Act 1950 (c. 39), s. 22(2) proviso (iii) and Pipe-lines Act 1962 (c. 58), s. 62
C2S. 12(3) amended (retrospectively) by Land Powers (Defence) Act 1958 (c. 30), s. 12(1)
C3S. 12(6) excluded by Land Powers (Defence) Act 1958 (c. 30), s. 16(6)