Paragraph 16
England, Wales and Scotland
If any such order is an order the effect of which is to authorise the storage of gas of a nature which would not be authorised apart from that order, the procedure for making the order shall be that prescribed in the following provisions of this paragraph.
The F1public gas suppliermay apply to the Minister to make the order after serving notice of their application—
on every local planning F2authority, F3every local authority who are not a local planning authority and every river authority withinauthority and every local authority who are not a local planning authority, being, in either case, an authority within whose area any part of the storage area or of the protective area lies,
on all statutory water undertakers within whose F4limits of supplyarea any part of the storage area or the protective area lies, or who are the holders of a statutory licence to abstract water within either of those areas, and
on the Environment Agency if any part of the storage area or protective area is in England, and on the Natural Resources Body for Wales if any part of either of those areas is in Wales, and
F6on every owner, lessee and occupier (except tenants for a month or any period less than a month) of any land within the storage area or within the protective area,
on every person who falls within sub-paragraph (2A)
stating that representations by any of those persons may be made to the Minister within twenty-eight days of the date on which the notice is served.
A person falls within this sub-paragraph if he is—
an owner, lessee, tenant (whatever the tenancy period) or occupier of any land within the storage area or within the protective area;
a person to whom the applicant would, if it were proceeding to purchase that land under section 5(1) of the Compulsory Purchase Act 1965, be required to give notice to treat; or
a person who the applicant thinks would be likely to be entitled to make a claim for compensation under section 10 of that Act if that land were purchased under a compulsory purchase order, so far as he is known to the applicant after making diligent inquiry.
F8The applicantshall inform the Minister of the dates of service of notice under this paragraph.
The Minister shall take into consideration the application and all representations with respect to the application which are duly made within the period specified in the notices and may, if he thinks fit, and if he is satisfied that the proper notices have been served under the foregoing provisions of this paragraph, make the order applied for.
If the order is made, the public gas suppliershall serve a copy of the order on every person on whom notice of the application is required to be served under this paragraph.
Annotations
Textual amendments
- F1
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Words substituted by virtue of Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 6(2), Sch. 8 para. 33
- F2
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Words from “authority and every” to “within” substituted (E.W.) for the words from “authority, every” to “within” by virtue of Water Act 1989 (c. 15, SIF 130), s. 190(1), Sch. 25 para. 32(6)(a) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58.
- F3
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Words substituted by Local Government Act 1972 (c. 70, SIF 81:1), Sch. 29 Pt. II para. 20(1)
- F4
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Word “area” substituted (E.W.) for words “limits of supply” by Water Act 1989 (c.15, SIF 130), s. 190(1), Sch. 25 para. 32(6)(b)(with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58.
- F5
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Sch. 2 para. 16(2)(bb) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 37(4) (with Sch. 7)
- F6
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Sch. 2 para. 16(2)(c) substituted (E.W.) (24.5.2007) by The Planning and Compulsory Purchase Act 2004 (Corresponding Amendments) Order 2007 (S.I. 2007/1519), art. 1(1), Sch. para. 6(5)(a) (with art. 1(3))
- F7
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Sch. 2 para. 16(2A) inserted (E.W.) (24.5.2007) by The Planning and Compulsory Purchase Act 2004 (Corresponding Amendments) Order 2007 (S.I. 2007/1519), art. 1(1), Sch. para. 6(5)(b) (with art. 1(3))
- F8
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Words substituted by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 6(26)(a), Sch. 8 para. 33