Regulation 19 Construction authorisations and pipeline variation notices

(1)

For the purposes of sections 1 and 4 of the Pipe-lines Act 1962^f1, 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^f2 and Part 6 of the Town and Country Planning (Scotland) Act 1997^f3, 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.

Annotations

Footnotes

f1: 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).
f2: Part 7 was amended by sections 1 to 11 of the Planning and Compensation Act 1991.
f3: Part 6 was amended by sections 25 to 27 of the Planning etc. (Scotland) Act 2006.