SCHEDULE
Article 2
AMENDMENTS TO THE PIPE-LINES ACT 1962
Local pipe-lines: repeal of section 2
1.—(1) Section 2 (local pipe-lines not to be constructed without notification to the Minister) is hereby repealed.
(2) In section 4(1), the words “or subsection (1) of section two thereof” shall be omitted.
(3) In section 4(5), for “either of the subsections therein mentioned”, there shall be substituted “subsection (1) of section one of this Act” and for “the subsection in question”, there shall be substituted “that subsection”.
(4) In section 6(1), in both paragraphs (a) and (b), the words “to the exclusion of section two thereof” shall be omitted.
(5) In section 58(2), for “Sections one and two”, there shall be substituted “Section one”.
(6) In section 59(1), for “Sections one and two”, there shall be substituted “Section one”.
(7) In section 64, for “sections one and two”, there shall be substituted “section one”.
Diversion of pipe-lines: repeal of section 3
2.—(1) Section 3 (diversion of pipe-lines) is hereby repealed.
(2) After section 1(1), there shall be inserted the following–
“1A For the purposes of this section–
(a) the construction of a diversion to a pipe-line shall be treated as the construction of a separate pipe-line, and
(b) if the diversion is to a pipe-line which is the subject of a pipe-line construction authorisation but the length of that pipe-line which is being diverted has not been constructed, the construction of the diversion shall be treated as the construction of a cross-country pipe-line whatever the length of the diversion.”
(3) In section 5(1), the words “or diversion” shall be omitted.
(4) In section 43, the words “or diversion” shall be omitted.
(5) In section 47(3), the words “or diversion” shall be omitted wherever they appear.
(6) In section 66(1), the definition of “pipe-line diversion authorisation” shall be omitted.
Additions to pipe-lines: repeal of section 7
3. Section 7 (provisions supplementary to sections 1 to 6) is hereby repealed.
Written representations procedure: amendments to the First Schedule
4.—(1) In the First Schedule, for paragraph 4, there shall be substituted–
“4.—(1) Where the proper notices concerning an application for the grant of a pipe-line construction authorisation have been published and served under paragraph 3 of this Schedule and an objection is duly made by a local planning authority in accordance with a notice under that paragraph and is not withdrawn, the Secretary of State shall before granting the application either–
(a)
(a) cause a public inquiry to be held with respect to the objection and consider the report of the person who held the inquiry; or
(b)
(b) consider the objection by the written representations procedure in accordance with the provisions of paragraph 8A of this Schedule.
(2) Where the proper notices concerning an application for the grant of a pipe-line construction authorisation have been published and served under paragraph 3 of this Schedule and an objection is duly made by a person other than a local planning authority in accordance with a notice under that paragraph and is not withdrawn, the Secretary of State shall before granting the application–
(a)
(a) cause a public inquiry to be held with respect to the objection and consider the report of the person who held the inquiry;
(b)
(b) afford to the person making the objection an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose and consider the report of the person so appointed; or
(c)
(c) consider the objection by the written representations procedure in accordance with the provisions of paragraph 8A of this Schedule.
4A.—(1) Where the Secretary of State decides under paragraph 4 above to consider an objection to an application under the written representations procedure, he shall give notice to the applicant and to every person who has made an objection to the application that, unless he receives a notice under sub-paragraph (2) below, the objection will be considered by written representations.
(2) The written representations procedure shall not apply to an objection to an application if either the applicant or any person who has made an objection to that application gives the Secretary of State notice, no later than 28 days from the date on which the notice under sub-paragraph (1) above is served on him, that he does not wish to proceed by way of written representations.
(3) On receiving a notice under sub-paragraph (2) above, the Secretary of State shall give notice to the applicant and to every person who has made an objection to the application that the written representations procedure will not be used and–
(a)
(a) where a local planning authority is one of the objectors, that he will cause a public inquiry to be held in accordance with paragraph 4(1)(a) above;
(b)
(b) in any other case, that he will either cause a public inquiry to be held, or afford the objectors a hearing in accordance with paragraph 4(2) above.
(4) The Secretary of State shall cease considering an objection to an application under the written representations procedure if, at any time before he has determined whether to grant the application–
(a)
(a) the Secretary of State receives notice from the applicant or any person who has made an objection to the application to the effect that he does not wish to proceed by way of written representations; or
(b)
(b) the Secretary of State decides to cause a public inquiry to be held, or to afford the objectors a hearing, instead of proceeding by way of written representations.
(5) Where an objection to an application ceases to be considered under the written representations procedure by virtue of sub-paragraph (4) above, the Secretary of State shall give notice to the applicant and to every person who has made an objection to the application that that procedure has ceased and–
(a)
(a) where a local planning authority is one of the objectors, that he will cause a public inquiry to be held in accordance with paragraph 4(1)(a) above;
(b)
(b) in any other case, that he will either cause a public inquiry to be held, or afford the objectors a hearing in accordance with paragraph 4(2) above.
(6) The Secretary of State may at any time before he has determined whether to grant the application direct that the written representations procedure shall apply to an objection to an application from the date of the direction, but only if the applicant and every objector to the...
