Enforcement U.K.

Construction authorisations and pipeline variation notices U.K.

19.—(1) For the purposes of sections 1 and 4 of the Pipe-lines Act 1962(1), the works for the construction of a relevant pipeline are deemed to have been executed in contravention of section 1(1) of that Act where the relevant pipeline is constructed—

(a) pursuant to a construction authorisation to which a variation condition is attached by virtue of regulation 7; and

(b) without conformity to that condition.

(2) For the purposes of Part 7 of the Town and Country Planning Act 1990(2) and Part 6 of the Town and Country Planning (Scotland) Act 1997(3), the construction of a relevant pipeline is deemed to have constituted a failure to comply with a condition or limitation subject to which planning permission has been granted where—

(a) a pipeline variation notice is served under regulation 8(2) in respect of the relevant pipeline; and

(b) the relevant pipeline is constructed without conformity to that notice.

Commencement Information

I1 Reg. 19 in force at 16.9.2011, see reg. 1

(1)

Section 4 has been amended by paragraph 2(2) of the Schedule to the Deregulation (Pipe-lines) Order 1999 (S.I. 1999/742) and paragraph 4 of the Schedule to the Planning and Compulsory Purchase Act 2004 (Corresponding Amendments) Order 2007 (S.I. 2007/1519).

(2)

Part 7 was amended by sections 1 to 11 of the Planning and Compensation Act 1991.

(3)

Part 6 was amended by sections 25 to 27 of the Planning etc. (Scotland) Act 2006.