Pipe-Lines Act 1962

Supplementary ProvisionsE+W+S

F142. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

43 Preservation of amenity.E+W+S

Where—

(a)a person is formulating proposals for the execution of pipe-line works, or

(b)the Minister is considering any such proposals, whether in relation to the grant of a pipe-line construction F2. . . authorisation or the imposition of conditions under section five of this Act,

that person or the Minister, as the case may be, having regard to the desirability of preserving natural beauty, of conserving flora, fauna and geological or physiographic features of special interest, and of protecting buildings and other objects of architectural or historic interest, shall take into account any effect which the proposals would have on the natural beauty of the countryside or on any such flora, fauna, features, buildings or objects, and in so doing shall have particular regard to the desirability of ensuring that things constructed in the course of the execution of the proposed works are kept below ground so far as that is practicable.

44 Protection of water against pollution.E+W+S

The Minister, in order to determine whether to exercise any of his powers under this Act and in what manner should be exercised any of those powers which he has determined to exercise, shall have constant regard to the need of protecting against pollution any water, whether on the surface or underground, which belongs to any statutory water undertakers or [F3local water authority[F3Scottish Water]] or which they[F4or it] are for the time being authorised to take.

45 Obligation to restore agricultural land.E+W+S

(1)A person executing pipe-line works in agricultural land shall be under obligation to secure, so far as is practicable, that upon the completion of the works the land is so restored as to be fit for use for the purpose for which it was used immediately before the execution of the works was begun.

(2)If a person executing pipe-line works in agricultural land fails to satisfy an obligation to which he is subject by virtue of the foregoing subsection, a person entitled to an interest in the land may, subject to the next following subsection, if he himself so restores the land as aforesaid, recover, in any court of competent jurisdiction, the expenses reasonably incurred by him in so doing from the first-mentioned person.

(3)The right conferred by the last foregoing subsection on a person entitled to an interest in land in the case of any such failure as aforesaid shall be alternative to any right to compensation under any other of the foregoing provisions of this Act in respect of loss suffered by that person by reason of damage to that land in consequence of that failure.

46 Penalties for uttering false documents and giving false information.E+W+S

A person who—

F5[(a)sends to the Secretary of State an application for the grant of a pipe-line construction authorisation or the making of a compulsory purchase or rights order, being an application which he knows to be false in a material particular, or recklessly sends to the Secretary of State such an application which is so false; or]

(b)in purported compliance with section . . . F6, thirty-six or thirty-eight of this Act gives a notice which he knows to be false in a material particular or recklessly gives notice which is so false; or

(c)in purported compliance with [F7subsection (1) of section thirty-five of this Act] or subsection (2) of section thirty-seven thereof sends, deposits or furnishes a document which he knows to be false in a material particular or gives any information which he knows to be so false or recklessly sends, deposits or furnishes a document which is so false or recklessly gives any information which is so false;

shall be guilty of an offence and shall be liable—

(i)on summary conviction, to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding three months, or to both such fine and such imprisonment;

(ii)on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both a fine and such imprisonment.

47 Provisions as to inquiries and hearings.E+W+S

(1)Subsections (2) to (5) of [F8section 250 of the M1Local Government Act 1972] (which provides for the holding of inquiries for the purposes of that Act), shall apply to a public inquiry caused by the Minister to be held in England or Wales under any provision of this Act . . . F9 as they apply to an inquiry held under the said [F8section 250], subject to the following modifications, namely,—

(a)for references to a department, there shall be substituted references to the Minister;

(b)subsection (4) shall have effect as if references therein to the payment of costs by a local authority not being a party to the inquiry had been omitted;

and subsections (4) and (5) of the said [F8section 250] shall, with the like modifications, apply in relation to any hearing caused by the Minister to take place in England or Wales in pursuance of any provision of this Act (otherwise than by way of public inquiry . . . F9 ) as if the hearing were a public inquiry caused by the Minister to be held as aforesaid.

(2)Subsections (2) to (9) of [F10section 210 of the M2Local Government (Scotland) Act 1973] (which relates to local inquiries), shall apply to a public inquiry caused by the Minister to be held in Scotland under any provision of this Act . . . F9 as they apply to a public inquiry held under the said [F10section 210], subject to the following modification, namely, that [F10subsection (7)] shall have effect as if references therein to the payment of expenses by a local authority not being a party to the inquiry had been omitted; and [F10subsections (7) and (8) of the said section 210] shall, with (in the case of [F10subsection (7)]) the like modification, apply in relation to any hearing caused by the Minister to take place in Scotland in pursuance of any provision of this Act (otherwise than by way of public inquiry . . . F9 ) as if the hearing were a public inquiry caused by the Minister to be held as aforesaid.

(3)It shall not be open to a person to impugn the validity of a pipe-line construction F11. . . authorisation on the ground that an inquiry or hearing under the First Schedule to this Act with respect to . . . F12 the application for the grant of the authorisation was combined with an inquiry or hearing under the Second Schedule to this Act with respect to . . . F12 an application made, by the applicant for the grant of the authorisation, for a compulsory purchase order or compulsory rights order, or to impugn the validity of a compulsory purchase order or compulsory rights order on the ground that an inquiry or hearing under the Second Schedule to this Act with respect to . . . F12 the application for the order was combined with an inquiry or hearing under the First Schedule to this Act with respect to . . . F12 an application made, by the applicant for the order, for the grant of a pipe-line construction F11. . .authorisation.

48 Determination by [F13tribunal] of questions as to compensation.E+W+S

Any question with regard to a person’s entitlement to compensation under the foregoing provisions of this Act or the amount of compensation to which a person is entitled under those provisions shall, in default of agreement, be determined by [F14, in the application of this Act to England and Wales, the Upper Tribunal or, in the application of this Act to Scotland, the Lands Tribunal for Scotland] .

49 Service of documents.E+W+S

(1)Any document required or authorised by this Act to be given to or served on any person may be given or served either by delivering it to that person, or by leaving it at his proper address, or by the recorded delivery service.

(2)Any such document required or authorised to be given to or served on an authority or body being a corporation shall be duly given or served if it is given to or served on the secretary or clerk of the authority or body.

(3)For the purposes of this section and of [F15section 7 of the M3Interpretation Act 1978], in its application to this section the proper address of any person to or on whom any such document as aforesaid is to be given or served shall, in the case of the secretary or clerk of a corporation, be that of the registered or principal office of the corporation, and in any other case be the last-known address of the person to be served:

(4)If the name or the address of any owner, lessee or occupier of land to or on whom any such document as aforesaid is to be given or served cannot after reasonable inquiry be ascertained by the authority, body or person seeking to give or serve the document, the document may be given or served by addressing it to the person to or on whom it is to be given or served by the description of “owner”, “lessee” or “occupier” of the land (describing it) to which the document relates, and by delivering it to some responsible person resident or appearing to be resident on the premises, or, if there is no such person to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises.

50 Provisions as to requirements and prohibitions imposed under this Act.E+W+S

Any power, exercisable by notice, conferred by this Act on the Minister to impose a requirement or prohibition shall be construed as including a power, exercisable in the like manner, to vary or revoke the requirement or prohibition.

51 Provisions as to ecclesiastical property.E+W+S

(1)Where under this Act a document is required to be served on an owner of land, and the land is ecclesiastical property, a copy of the document shall be served on the [F17Diocesan Board of Finance for the diocese in which the land is situated], and where under this Act the seeking of consultation with an owner of land is requisite, and the land is ecclesiastical property, the seeking of consultation with the [F17Diocesan Board of Finance for the diocese in which the land is situated] shall be requisite also.

(2)[F18Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant], it shall be treated for the purposes of an application for a compulsory purchase or rights order in which the property is proposed to be comprised, and of a compulsory purchase of the property in pursuance of a compulsory purchase order, as being vested in the [F17Diocesan Board of Finance for the diocese in which the land is situated], and (in the case of a compulsory purchase) any notice to treat shall be served accordingly.

(3)Any compensation falling to be paid under the foregoing provisions of this Act in respect of damage to land that is ecclesiastical property shall, to the extent to which it is payable to the owner of the fee simple in the land, be paid (where the fee simple is vested in any person other than the [F17Diocesan Board of Finance for the diocese in which the land is situated]) to [F19it], instead of to that person, and any compensation falling to be paid under those provisions in respect of the depreciation of the fee simple in land that is ecclesiastical property shall (where the fee simple is vested in a person other than the [F17Diocesan Board of Finance for the diocese in which the land is situated]) be paid to [F19it] instead of to the person in whom the fee simple is vested.

(4)Any sums agreed upon or awarded for the purchase, in pursuance of a compulsory purchase order, of the fee simple in land that is ecclesiastical property, or to be paid by way of compensation for damage sustained by reason of severance or injury affecting such land (being severance or injury arising from the purchase of land in pursuance of such an order), shall, instead of being paid as provided by the Lands Clauses Acts, be paid to the [F17Diocesan Board of Finance for the diocese in which the land is situated].

(5)Any sums paid under either of the two last foregoing subsections to the [F17Diocesan Board of Finance for the diocese in which the land is situated] with reference to any land shall, if the land is not consecrated, be applied by [F20it] for the purposes for which the proceeds of a sale by agreement of the fee simple in the land would be applicable under any enactment or Measure authorising such a sale or disposing of the proceeds of such a sale, and if the land is consecrated, be applied by [F20it] in such manner as [F21it] may determine.

(6)In this section the expression “ecclesiastical property” means land belonging to an ecclesiastical benefice of the Church of England, or being or forming part of a church subject to the jurisdiction of the bishop of any diocese of the Church of England or the site of a church so subject, or being or forming part of a burial ground so subject.

52 Reckoning of periods.E+W+S

For the purposes of this Act in reckoning any period which is therein expressed to be a period before or from a given date, that date shall be excluded.

53 Regulations.E+W+S

(1)The Minister may make regulations for any purpose for which provision is by this Act authorised to be made by regulations and for prescribing anything which by this Act is required or authorised to be prescribed.

(2)The power conferred by the foregoing subsection shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

54 Offences by corporations.E+W+S

(1)Where a body corporate is guilty of an offence under any of the provisions of this Act [F22(other than section 10H)] and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(2)In this section, the expression “director”, in relation to a body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate.

55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23E+W+S

56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24E+W+S

57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25E+W+S