OpenLegislation

Section 37 Fire-brigades, police, &c., to be notified of certain pipe-line accidents and to be furnished with information.C1

England and Wales

C2(1)

It shall, in the case of every pipe-line be the duty of the owner thereof to make, and to ensure the efficient carrying out of, arrangements whereby, in the event of the accidental escape or the ignition of any thing in the line, immediate notice of the event is given—

(a)

to every fireF1and rescue authority F2, local policing body and police authority by whom duties will or may fall to be discharged in consequence of the happening of the event;

(b)

F3to all statutory water undertakers and local water authorities who will or may have, in consequence of the happening of the event, to take steps to prevent or combat pollution of water or flooding;

(c)

to all F4sewerage undertakers who will or may have, in consequence of the happening of the event, to take steps to prevent injury to their sewers or sewage disposal works, interference with the free flow of the contents of any of their sewers or the prejudicial affection of the treatment and disposal of such contents or to combat the effects of any such injury, interference or affection; and

(d)

to any other authority, board or undertakers whom the Minister, by notice served on the owner of the line, requires him to treat, for the purposes of this section, as relevant in relation to the line, being an authority or board, or undertakers, in the case of whom it is stated in the notice that the Minister is satisfied that they will or may have, in consequence of the happening of the event, to take in the public interest steps for such purpose as may be specified in the notice.

(2)

It shall be the duty of the owner of a pipe-line if requested so to do by any authority, board or undertakers for whose notification, in the event specified in the last foregoing subsection, arrangements are thereby required to be made, to furnish the authority, board or undertakers with such maps, and to give them such information, as they may reasonably require in order—

(a)

in the case of a fireF5and rescue authority F6, local policing body or police authority, to enable them efficiently to discharge the duties falling to be discharged by them in consequence of the happening of the event;

(b)

F7in the case of any statutory water undertakers or local water authority, to enable them efficiently to take, in consequence of the happening of the event, steps to prevent or combat pollution of water or flooding;

(c)

in the case of a F8sewerage undertaker, to enable them efficiently to take, in consequence of the happening of the event, steps for either of the purposes mentioned in paragraph (c) of that subsection;

(d)

in the case of any authority, board or undertakers whom the owner is, by a notice served under paragraph (d) of that subsection, required to treat, for the purposes of this section, as relevant in relation to the line, to enable them efficiently to take, in consequence of the happening of the event, steps for the purpose specified in the notice.

(3)

A person who fails to satsify an obligation to which he is subject by virtue of either of the foregoing subsections shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding F9level 3 on the standard scale.

(4)

In this section—

(F10a)

“ fire and rescue authority ” means, in relation to any area, the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area;

F11(b)

F12 “ river purification authority ” means a river purification authority within the meaning of the M1 Rivers (Prevention of Pollution) (Scotland) Act 1951;

F13(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and any reference in this section to a sewer shall be construed as including a reference to any manholes, ventilating shafts, pumps or other accessories belonging to that sewer, and any reference in this section to sewage disposal works shall be construed as including a reference to the machinery and equipment of those works and any necessary pumping stations and outfall pipes.

Annotations

Textual amendments

F1

Words in s. 37(1)(a) inserted (E.W.) (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 17(2); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F2

Words in s. 37(1)(a) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 82; S.I. 2011/3019, art. 3, Sch. 1

F3

Words in s. 37(1)(b) substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 190(1), Sch. 25 para. 30(1)(a)(i) (with ss. 58(7), 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)

F4

Words in s. 37(1)(c) substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 141(6), 160(1)(2)(4), 163, 189(4)–(10). 190. 193(1), Sch. 25 para. 30(1)(a)(ii), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)

F5

Words in s. 37(2)(a) inserted (E.W.) (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 17(2); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F6

Words in s. 37(2)(a) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 82; S.I. 2011/3019, art. 3, Sch. 1

F7

Words in s. 37(2)(b) substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 190(1), Sch. 25 para. 30(1)(b)(i) (with ss. 58(7), 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)

F8

Words in s. 37(2)(c) substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 190(1), Sch. 25 para. 30(1)(b)(ii) (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)

F9

Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

F10

S. 37(4)(a) substituted (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 17(3); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F11

S. 37(4)(b) ceased to have effect (S.) (1.4.1996) by virtue of S.I. 1996/973, reg. 2, Sch. para. 1(c)

F12

Words substituted by Water Resources Act 1963 (c. 38), Sch. 13 para. 18

F13

S. 37(4)(c) repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 190(3)(4), Sch. 27 Pt. I (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), 41(1), 57(6), 58)

Marginal citations

M1

1951 c. 64.

Modifications

C1

Ss. 27-32 and 37: power to repeal or modify conferred by Offshore Safety Act 1992 (c. 15), s. 2(2)(3)(a) (amending the Health and Safety at Work etc. Act 1974 c. 37, s. 15(1))

C2

S. 37(1) amended (23.8.1993) by S.I. 1993/1823, reg. 4(1)