The Storage of Carbon Dioxide (Access to Infrastructure) Regulations 2011

Regulation 22

SCHEDULEU.K.Amendments

Pipe-lines Act 1962U.K.

1.  The Pipe-lines Act 1962 is amended as follows.U.K.

2.  In section 9 (provisions for securing that a pipe-line is so constructed as to reduce necessity for construction of others)(1), for subsection (6), substitute—U.K.

“(6) This section does not apply where the application for the grant of a pipe-line construction authorisation relates to the construction of—

(a)a diversion, or

(b)a carbon dioxide pipe-line.”.

3.  In section 9A (provisions for securing that an additional pipe-line is so constructed as to reduce necessity for construction of other pipe-lines)(2), after subsection (1), insert—U.K.

“(1ZA) This section does not apply where the application for the grant of planning permission relates to the construction of a carbon dioxide pipe-line.”.

4.  In section 10 (provisions for securing that a pipe-line is so used as to reduce necessity for construction of others)(3)—U.K.

(a)for paragraph (b) of subsection (1), substitute—

“(b)any other pipe-line which—

(i)is constructed pursuant to a pipe-line construction authorisation; and

(ii)does not fall within subsection (1A);”;

(b)after subsection (1), insert—

“(1A) The following pipe-lines fall within this subsection—

(a)an upstream petroleum pipe-line;

(b)a carbon dioxide pipe-line;

(c)a pipe-line comprised in a gas interconnector.”; and

(c)in subsection (2), for “the foregoing subsection”, substitute “subsection (1)”.

5.  In section 65 (meaning of “pipe-line”)(4)—U.K.

(a)in subsection (2), after paragraph (f), insert—

“(fa)in relation only to a pipe, or system of pipes, which is used to convey carbon dioxide to a carbon dioxide storage site, apparatus for treating and cooling carbon dioxide which is to flow through, or through any part of, the pipe or system;”; and

(b)after subsection (2), insert—

“(3) In subsection (2)(fa), the reference to a pipe, or system of pipes, being used to convey carbon dioxide includes a pipe or system which is not being used for any purpose but which is intended to be used to convey carbon dioxide.”.

6.  In section 66(1) (interpretation)(5), after the definition of “agricultural unit”, insert—U.K.

““carbon dioxide pipe-line” means—

“carbon dioxide storage site” means a facility—

Petroleum Act 1998U.K.

7.  The Petroleum Act 1998 is amended as follows.U.K.

8.  In section 15 (authorisations)(6)—U.K.

(a)in subsection (3)(c)(i) and (iii), at the end insert “(subject to subsection (3A))”;

(b)after subsection (3), insert—

“(3A) The power conferred by virtue of paragraph (c)(i) or (iii) of subsection (3) is not exercisable to the extent that the powers conferred by regulation 7 of the Storage of Carbon Dioxide (Access to Infrastructure) Regulations 2011 are exercisable.”;

(c)in subsection (5), at the beginning insert “Subject to subsection (5A),”; and

(d)after subsection (5), insert—

“(5A) Subsection (6) does not apply where the term is a variation condition imposed by virtue of regulation 7 of the Storage of Carbon Dioxide (Access to Infrastructure) Regulations 2011.”.

9.  In section 16 (compulsory modifications of pipelines)(7), before subsection (1), insert—U.K.

“(A1) This section applies to controlled pipelines, other than those which are excepted from the operation of this section.

(A2) Controlled carbon dioxide pipelines are excepted from the operation of this section. ”.

10.  In section 17 (acquisition of rights to use pipelines)(8), after subsection (1A) insert—U.K.

“(1B) This section also does not apply to controlled carbon dioxide pipelines.”.

11.  In section 28(1) (interpretation of Part 3 of the Petroleum Act 1998)(9)—U.K.

(a)in the appropriate place, insert—

““carbon dioxide storage site” means a facility—

““controlled carbon dioxide pipeline” means any controlled pipeline or one of a network of controlled pipelines—

(b)for the definition of “controlled petroleum pipeline”, substitute—

““controlled petroleum pipeline” means any controlled pipeline or one of a network of controlled pipelines—

12.  In paragraph 4 of Schedule 2—U.K.

(a)in sub-paragraph (1), at the beginning, insert “Subject to sub-paragraph (1A),”; and

(b)after sub-paragraph (1), insert—

“(1A) This paragraph does not apply to the extent that the powers conferred by regulation 7 of the Storage of Carbon Dioxide (Access to Infrastructure) Regulations 2011 are exercisable in relation to the matters mentioned in sub-paragraph (1)(a) or (b).”.