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Offshore Petroleum Development (Scotland) Act 1975 in England

1975 c. 8 · Enacted 13 March 1975 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 28 November 2004.

Contents

  1. Designated sea areas
  2. 7Execution and enforcement of regulations, etc. in designated sea areas.
  3. 8Reinstatement of land held under Act.
  4. 10Execution of works and disposal of land held under Act.
  5. 11Loans and guarantees by Secretary of State for facilitating relevant operations.
  6. 12Supplementary provisions as to acquisition and appropriation of land.
  7. 13Compensation for adjoining owners and exclusion of actions for nuisance.
  8. 17Financial provisions.
  9. 18Savings.
  10. 19Orders, etc.
  11. Schedule 1: Making and Revocation of Expedited Acquisition Orders
  12. 1Paragraph 1
  13. 2Paragraph 2
  14. 4Paragraph 4
  15. 5Paragraph 5
  16. 6Paragraph 6
  17. 7Paragraph 7
  18. Schedule 2: EFFECT OF EXPEDITED ACQUISITION ORDERS
  19. Application of compulsory purchase enactments
  20. Power to take possession
  21. 2Paragraph 2
  22. Duty to acquire the land if possession is taken
  23. Schedule 3: MAKING AND REVOCATION OF SEA DESIGNATION ORDERS
  24. 1Paragraph 1
  25. 2Paragraph 2
  26. 3Paragraph 3
  27. 4Paragraph 4
  28. 5Paragraph 5

7Execution and enforcement of regulations, etc. in designated sea areas.

(1)

The power of the Secretary of State to enforce the conditions of licences granted under section 4 of this Act and to execute and enforce regulations made under section 6 of this Act may be exercised by him or his officers or servants, or may by order be delegated by him, in relation to any designated sea area, to any harbour authority or local authority designated by him.

(2)

The power of the Secretary of State referred to in subsection (1) above shall include power, for the purposes of execution and enforcement as aforesaid, to operate any vehicle or vessel within designated sea areas, and to acquire the same for such purposes.

(3)

For the purpose of executing or enforcing regulations made under section 6 of this Act, any officer or servant of the Secretary of State or of a harbour authority or local authority to whom the powers of the Secretary of State have been delegated under subsection (1) above may, if authorised to execute or enforce the said regulations,

(a)

at any reasonable time board or enter any vessel, platform or other installation located in a designated sea area;

(b)

if the person in charge of the said vessel, platform or other installation cannot be found or if he neglects or refuses to do anything reasonably required for the purpose of execution or enforcement of the said regulations, himself (at the expense of the owner) do anything reasonably required for that purpose, including the removal of any vessel.

(4)

An order in terms of subsection (1) above may confer, upon the authority to whom the powers are delegated, jurisdiction to exercise those powers within any part of the designated sea area which is outside the area of the authority, but before making an order which confers jurisdiction as aforesaid to exercise powers in an area which includes any part of the area of a harbour authority, the Secretary of State shall consult with the said harbour authority.

(5)

The Secretary of State may defray or contribute towards any expenses incurred by any authority in the exercise of the powers delegated to them under subsection (1) above.

(6)

Proceedings against any person for an offence under section 5 or 6 of this Act may be taken, and the offence may for all incidental purposes be treated as having been committed, at any place in the United Kingdom where he is for the time being.

8Reinstatement of land held under Act.

(1)

If it appears to the Secretary of State that any land of which possession has been taken under this Act is no longer needed for the purposes of this Act, he shall, subject to subsection (2) below, reinstate it, or secure its reinstatement, to the condition in which it was before such possession was taken so far as in his opinion, after consulting such local authorities and such other bodies as appear to him to be concerned, is reasonably practicable.

(2)

Subsection (1) above shall not apply where the Secretary of State is satisfied, after consulting as aforesaid, that the land—

(a)

should be used for a purpose other than that for which it was formerly used as aforesaid; or

(b)

should not for any other reason be reinstated as aforesaid;

and in a case within paragraph (a) above the Secretary of State may, if he thinks fit, carry out, or contribute to the cost of, works for making the land suitable for use for the proposed purpose.

10Execution of works and disposal of land held under Act.

(1)

The Secretary of State may, with the approval of the Treasury, carry out—

(a)

on land of which possession has been taken under this Act; and

(b)

on other land, by agreement with the persons interested therein,

works for any purpose for which land may be acquired under this Act and (in any designated sea area) works for facilitating the execution of relevant operations, and may, with the like approval, defray or contribute towards the cost of such works.

(2)

The Secretary of State may dispose of the whole of his interest in any land, of which possession has been taken under this Act, to any body or person in order to enable them to provide any such housing, services or facilities as are required in terms of paragraph (d) of section 1(2) of this Act; but, save as aforesaid, the Secretary of State shall not dispose of the whole of his interest in any such land unless it appears to him—

(a)

that the land is no longer needed for any purpose for which land may be acquired under this Act; and

(b)

either that such steps have been taken as appear to him to be required for the purpose of reinstating the land in terms of subsection (1) of section 8 of this Act, or that, in terms of subsection (2) of that section, the said subsection (1) does not apply in relation to the land.

(3)

F1Scottish Enterprise, Highlands and Islands Enterprise or any local authority may act as agent for the Secretary of State in the carrying out of any works under this section or under section 8 of this Act, and may provide other services for the Secretary of State in relation to his functions under this Act.

(4)

The Secretary of State may defray or contribute towards any expenses incurred by F2Scottish Enterprise, Highlands and Islands Enterprise or by a local authority in relation to any functions performed by F3it orthem under subsection (3) above.

11Loans and guarantees by Secretary of State for facilitating relevant operations.

(1)

The Secretary of State may, with the approval of the Treasury, make loans to any person for the purpose of enabling him or assisting him to make arrangements for the execution of relevant operations.

(2)

The Secretary of State may, with the approval of the Treasury, guarantee the payment by any person of any sum payable by that person in respect of principal or interest under arrangements (whether by way of loan or otherwise) entered into by that person for the purpose of the execution of relevant operations.

(3)

Any loan made under this section, and any sums issued in fulfilment of a guarantee given under this section, shall be paid out of money provided by Parliament, and shall be made or issued on such terms as to recovery by the Secretary of State of principal and interest and otherwise as the Secretary of State may with the approval of the Treasury determine.

12Supplementary provisions as to acquisition and appropriation of land.

(1)

The power of the Secretary of State to acquire land compulsorily under this Act shall include power to acquire a servitude or other right over land by the creation of a new right.

(2)

For the purpose of the acquisition of land by agreement by the Secretary of State under this Act, the Lands Clauses Acts (except the provisions relating to the acquisition of land otherwise than by agreement and the provisions relating to access to the special Act, and except sections 120 to 125 of the M1Lands Clauses Consolidation (Scotland) Act 1845) and section 6 and sections 70 to 78 of the M2Railways Clauses Consolidation (Scotland) Act 1845 as originally enacted and not as amended for certain purposes by section 15 of the M3Mines (Working Facilities and Support) Act 1923, shall be incorporated with section 1 of this Act, and in construing those Acts for the purposes of that section, that section shall be deemed to be the special Act and the Secretary of State to be the promoter of the undertaking or company, as the case may require.

(3)

Where the Secretary of State holds land for a purpose other than a purpose for which land may be acquired under this Act, he may appropriate it for the latter purpose; and any reference in this Act to land of which possession has been taken under this Act includes a reference to land appropriated by him under this subsection.

(4)

For the avoidance of doubt it is hereby declared that the power to purchase land by an expedited acquisition order is exercisable notwithstanding any enactment providing that the land is or may be declared to be inalienable.

13Compensation for adjoining owners and exclusion of actions for nuisance.

(1)

Subject to subsection (2) below, the Secretary of State may by order direct that the provisions of Parts I and II of the M1Land Compensation (Scotland) Act 1973 (compensation for depreciation caused by, and mitigation of injurious effect of public works) shall apply, with such modifications as appear to him to be necessary, in relation to any relevant operations carried on or proposed to be carried on by or on behalf of the Secretary of State or any other person, as those provisions apply in relation to the use of public works.

(2)

No action for nuisance shall lie in respect of operations in relation to which the provisions mentioned in subsection (1) above apply by virtue of an order under that subsection.

17Financial provisions.

(1)

There shall be defrayed out of moneys provided by Parliament—

(a)

any expenses incurred by the Secretary of State under this Act;

(b)

any increase attributable to this Act in the sums payable out of money so provided under any other Act;

and any sums received by the Secretary of State by virtue of this Act shall be paid into the Consolidated Fund.

(2)

The aggregate of—

(a)

expenditure of the Secretary of State under section 10 of this Act, plus

(b)

loans by the Secretary of State under section 11 of this Act, plus

(c)

liabilities of the Secretary of State under any guarantees given by him under the said section 11 (exclusive of any liability in respect of interest on a principal sum so guaranteed),

less any sums received by the Secretary of State—

(i)

in respect of the recovery of expenditure incurred by him under the said section 10, and

(ii)

by way of repayment of loans under the said section 11, and

(iii)

by way of repayment of principal sums paid to meet guarantees under the said section 11,

shall not at any time exceed £40 million.

18Savings.

Nothing in this Act shall affect—

(a)

the powers of the Crown Estate Commissioners;

(b)

the powers of the Commissioners of Northern Lighthouses;

F1(c)

the M1Pilotage Act 1987;

(d)

Part II of the M2Coast Protection Act 1949 (safety of navigation);

(e)

the M3Land Powers (Defence) Act 1958;

(f)

the M4Pipe-lines Act 1962;

(g)

the M5Mineral Workings (Offshore Installations) Act 1971;

(h)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(i)

the M6Health and Safety at Work etc. Act 1974;

F3(j)

Part II of the Food and Environment Protection Act 1985,

but this section shall not enable any person to execute any relevant operations requiring a licence under section 4 of this Act without obtaining such a licence.

19Orders, etc.

(1)

The power to make any order or regulation under this Act shall be exercisable by statutory instrument.

(2)

The power to make any order or direction under this Act includes power to vary or revoke a previous order or direction.

(3)

Any order, regulation or direction made under this Act may contain such incidental, consequential and supplemental provisions as appear to the Secretary of State to be necessary or proper for giving full effect thereto.

1

(1)

Before making an expedited acquisition order the Secretary of State shall—

(a)

serve on every owner, lessee and occupier of any of the land to be specified in the order; and

(b)

publish in two successive weeks in one or more newspapers circulating in the locality in which that land is situated, in the London and Edinburgh Gazettes and, if any of the land is situated below the level of mean high water springs, in Lloyd’s List,

a notice complying with this paragraph.

(2)

Except where the order relates only to land below the level of mean high water springs, the Secretary of State shall also before making the order affix to a conspicuous object or objects on the land a notice or notices complying with this paragraph.

(3)

Every notice under this paragraph shall—

(a)

state that the Secretary of State is considering making the order;

(b)

describe the land to which it relates; and

(c)

state that representations in writing with respect to the proposed order may be made to the Secretary of State at a specified address and within a specified period, not ending earlier than 21 days from the date on which the notice is first published.

2

(1)

If any representations with respect to the proposed order are duly made the Secretary of State shall consider those representations; but the Secretary of State shall not be obliged to cause any inquiry to be held or afford to any person an opportunity of being heard.

(2)

After considering any such representations, the Secretary of State may make the order either without modification or subject to such modifications as he thinks fit.

(3)

If the order is made, the Secretary of State shall—

(a)

serve a notice to that effect together with a copy of the order on every owner, lessee and occupier of any of the land which is the subject of the order; and

(b)

publish and affix notices to that effect in the manner required by paragraphs 1(1)(b) and (2) above;

4

If the Secretary of State decides not to make the order, he shall serve notices to that effect on the persons, and publish and affix such notices in the manner referred to respectively in paragraphs (a) and (b) of paragraph 3 above.

5

(1)

Subject to the provisions of this paragraph, the Secretary of State may by statutory instrument revoke the order and, if he does so, he shall serve notices to that effect on the persons, and publish and affix such notices in the manner referred to respectively in paragraphs (a) and (b) of paragraph 3 above.

(2)

No order shall be revoked after possession is taken of the land under Schedule 2 to this Act.

6

Section 5(3) of the M1Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 and paragraph 19 of Schedule 1 to that Act shall apply to the service of notices under this Schedule.

7

A certificate by the Secretary of State that all or any of the requirements of paragraphs 1 and 3 above have been complied with in respect of the order, and have been complied with before a specified date, shall be conclusive evidence of those facts in any legal proceedings whether brought before or after the completion of the compulsory acquisition of the land specified in the order.

2

(1)

The Secretary of State shall be entitled to enter on and take possession of the land specified in the order at any time after the expiration of the period of 14 days beginning with the date on which the order comes into operation.

(2)

Sub-paragraph (1) above has effect notwithstanding sections 83 and 114 of the M1Lands Clauses Consolidation (Scotland) Act 1845 (compensation to be paid before entry) and paragraph 3 of Schedule 2 to the said Act of 1947 (notice before entry), but where the Secretary of State takes possession of land by virtue of this paragraph he shall be liable to pay the like compensation and the like interest on the compensation agreed or awarded, as he would have been required to pay if he had taken possession of the land under the said paragraph 3.

(3)

Where the Secretary of State is authorised under this paragraph to enter on and take possession of land, and the owner or occupier of any of that land, or any other person, refuses to give up possession of it, then a copy of the order shall be sufficient warrant for the ejection of the person refusing to give up or hindering possession; and in such a case section 89 of the said Act of 1845 (proceedings in case of refusal to deliver possession of lands) shall not apply.

1

Before making a sea designation order the Secretary of State shall publish in two successive weeks in one or more local newspapers circulating in the localities near to the designated area and in such other newspapers as he thinks appropriate, in the London and Edinburgh Gazettes and in Lloyd’s List a notice—

(a)

stating that the Secretary of State is considering making the order;

(b)

describing the parts of the sea to which it relates; and

(c)

stating that representations in writing with respect to the proposed order may be made to the Secretary of State at a specified address and within a specified period, not ending earlier than 21 days from the date on which the notice is first published.

2

(1)

If any representations with respect to the proposed order are duly made the Secretary of State shall consider those representations; but the Secretary of State shall not be obliged to cause any inquiry to be held or afford to any person an opportunity of being heard.

(2)

After considering any such representations, the Secretary of State may make the order either without modification or subject to such modifications as he thinks fit.

3

If the Secretary of State decides to make the order he shall publish a notice to that effect in the manner required by paragraph 1 above.

4

If the Secretary of State decides not to make the order he shall publish a notice to that effect in the manner required by paragraph 1 above.

5

(1)

The Secretary of State may by statutory instrument revoke the order and, if he does so, he shall publish a notice to that effect in the manner required by paragraph 1 above.

(2)

The revocation of the order shall not affect any licence or regulation previously granted or made under section 4 or 6 of this Act in relation to the area to which the order relates.