Protecting Electricity Networks from Natural Hazards

The duties of the Gas Council shall include the duty to promote and assist the coordinated development of efficient and economical gas supplies in Great Britain.

Without prejudice to the power of the Gas Council under section 2(2) of the Gas Act 1948 (in this Act referred to as " the principal Act") to perform services for, or act on behalf of, Area Boards, that Council shall have power—

Where the Minister, after consultation with the Area Board, if any, within whose area the supply is to be given, has authorised the Gas Council to do so, the Gas Council shall also have power to supply gas to any person in Great Britain or elsewhere, and the Gas Council may exercise that power notwithstanding the provisions of section 52 of the principal Act (which restricts the supply of gas by persons other than Area Boards).

The Gas Council, if and so long as they exercise any of the powers conferred on them by this Act, shall so exercise those powers as to secure that the revenues arising from such exercise are not less than sufficient to meet their outgoings in respect thereof properly chargeable to revenue account, taking one year with another.

In carrying out, in the exercise and performance of their functions, any measures involving substantial outlay on capital account, the Gas Council shall act in accordance with a general programme settled by them from time to time with the approval of the Minister.

In exercising and performing their functions the Gas Council shall promote the welfare, health and safety of persons in their employment.

Stamp duty shall not be chargeable on any instrument which is certified to the Commissioners of Inland Revenue by the Gas Council as having been made solely for the purpose of conveying or transferring from an Area Board to the Gas Council any property, interest or right for the purpose of enabling the Gas Council to exercise the powers conferred on them by subsection (2) of this section: Provided that no such instrument shall be deemed to be duly stamped unless either it is stamped with the duty to which it would but for this subsection be liable, or it has, in accordance with the provisions of section 12 of the Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it is duly stamped.

Part I of the Restrictive Trade Practices Act 1956 shall not apply to any agreement made by the Gas Council under subsection (2) of this section with any Area Board or group of Area Boards for, or for regulating,— not being an agreement under which any Board accepts, or is treated as accepting, a restriction on the persons or classes of persons from whom gas or any other substance of the description dealt with by the agreement is to be acquired.

The Acts mentioned in Schedule 1 to this Act shall be amended as there provided (being amendments relating to the Gas Council).

This section shall be construed as one with the principal Act.

No premises occupied for operational purposes by the Gas Council shall be liable to be rated, or to be included in any rate, or in any valuation list or valuation roll.

For the purposes of section 6(1) of the Rating and Valuation (Miscellaneous Provisions) Act 1955, and of the corresponding Scottish enactment, gas supplied by the Gas Council to consumers at, or manufactured by the Council at, a place in Great Britain shall be treated as having been supplied or manufactured, as the case may be, by the Gas Board in whose area that place is situated.

In estimating the number of therms supplied by a Gas Board— any gas supplied by the Gas Council to consumers at any place in Great Britain shall be treated as having been supplied by the Gas Board in whose area that place is situated.

For the purposes of the said Schedule 3 and the said section 11, and of the corresponding Scottish enactments, any gas manufactured by the Gas Council shall be treated as having been manufactured by the Gas Board in whose area the gas is manufactured, and for the purposes of the said section 11, and of the corresponding Scottish enactment, any gas produced by the Gas Council by the application of a process to gas purchased by the Gas Council shall be treated as having been produced by the Gas Board in whose area the gas is so produced by the application of that process to gas purchased by that Gas Board.

Paragraph 12 of the said Schedule 3, and the corresponding Scottish enactment, shall apply where a gasworks of the Gas Council is situated partly in one rating area and partly in one or more other rating areas as they apply where a gasworks of a Gas Board is so situated.

For the purposes of section 11(3) of the Local Government Act 1958 (under which an adjustment is made in applying the said formula to gas purchased by a Gas Board), and of the corresponding Scottish enactment—

In paragraph 5(b) of Schedule 3 to the Rating and Valuation Act 1925 as set out in section 41 of the Pipe-lines Act 1962 (rateability of pipe-lines) the reference to an Area Board shall include a reference to the Gas Council.

The valuation officer for a rating area shall from time to time make such proposals as may be required for deleting from the valuation list any hereditament consisting of or comprising premises exempted by subsection (1) of this section, and, where such a hereditament comprises premises not so exempted, for including those premises in the list as one or more separate hereditaments.

It is hereby declared that for the purposes of the Acts relating to rating which are mentioned in this section the expression " gas " includes gas in a liquid state, and that— do not of themselves constitute the manufacture of gas or the application of a process to gas.

In this section " occupied for operational purposes " means occupied exclusively for purposes connected with the powers conferred on the Gas Council by this Act, but premises so occupied do not include— In determining for the purpose of paragraph (b) of this subsection whether any place is wholly or mainly occupied and used for the sale, display or demonstration of apparatus or accessories for use by consumers of gas, use for the receipt of payments for gas consumed shall be disregarded.

In this section, in its application to England and Wales, expressions used in the Rating and Valuation Act 1925 have the same meanings as they have for the purposes of that Act and, in its application to Scotland, expressions used in the Valuation and Rating (Scotland) Act 1956 have the same meanings as in the said Act of 1956.

For the purposes of this section—

The Minister may by an order (in this Part of this Act referred to as a “storage authorisation order”) authorise the storage by a public gas transporter in natural porous strata underground of such kinds of gas (including natural gas) as, having regard to the safety of the public and the need to protect water resources are in the opinion of the Minister suitable for such storage.

A public gas transportershall not develop or use any such strata for the storage of gas except in accordance with a storage authorisation order, and a storage authorisation order . . . shall not authorise the disregard by any public gas transporter of any enactment or rule of law exonerate a public gas transporter from any indictment, action or other proceedings for any nuisance caused by them.

So far as relating to development within section 17(2), (3) or (5) of the Planning Act 2008—

At all stages in the formulation by a public gas transporter of any proposals for the making of a storage authorisation order, and in the consideration by the Minister of any such proposals, the public gas transporter or the Minister, as the case may be, shall have regard to the safety of the public and the protection of water resources.

So far as relating to the use of strata for the storage of gas, subsections (1) and (2) are subject to section 120(9) of the Planning Act 2008 (exclusion of power to include ancillary provision in orders).

At all stages in the formulation by a public gas transporter of any proposals for the making of a storage authorisation order, and in the consideration by the Minister of any such proposals, the public gas transporter or the Minister, as the case may be, having regard to the desirability of preserving natural beauty, of conserving flora, fauna, and geological or physiographical features of special interest, and of protecting buildings and other objects of architectural or historic interest, shall take into account any effect which the proposals might have on the natural beauty of the countryside or on any such flora, fauna, features, buildings or objects.

Section 72 of the Water Resources Act 1963 (control of discharges into underground strata) shall not apply to a discharge of gas into underground strata in accordance with a storage authorisation order.

So far as— constitute development for the purposes of the Town and Country Planning Act 1990, that development shall for the purposes of section 90 of that Act (deemed planning permission) be taken to be authorised by the Minister in making the storage authorisation order.

The provisions of the last foregoing subsection shall apply to Scotland, but for the words from “constitute” to the end of the subsection there shall be substituted the words “constitute development for the purposes of the Town and Country Planning (Scotland) Act 1997 that development shall for the purposes of section 57 of that Act (planning permission for development by local authorities and statutory undertakers) be taken to be authorised by the Minister in making the storage authorisation order”.

The provisions of Parts I and II of Schedule 2 to this Act shall have effect as respects the contents of a storage authorisation order and the procedure for making it, and— may be varied by a further storage authorisation order which shall be made in accordance with the provisions of Part III of that Schedule; and Part IV of that Schedule shall have effect for the purpose of adapting the other provisions of that Schedule in their application to Scotland.

This section shall apply to controlled operations in a storage area and, if a storage authorisation order so provides as respects any area outside the storage area, in that other area (in this Part of this Act referred to as “the protective area”), and for the purposes of this section controlled operations are any description of excavation, mining, quarrying or boring operations in the storage area or the protective area which are carried out wholly or partly below the depth prescribed by the storage authorisation order (which may be a different depth for different parts of either area) and which are begun or continued after the coming into force of the storage authorisation order.

No person, other than the public gas transporter authorised to operate the underground gas storage, shall carry out any controlled operations without the consent of the Minister.

Subsection (2) does not apply so far as the controlled operations are authorised by an order granting development consent under the Planning Act 2008.

An application for the consent of the Minister under this section shall state—

The applicant shall serve a copy of his application on the public gas transporter to whom the storage authorisation order applies and inform the Minister of the date on which he has done so.

If within twenty-eight days of the date on which the copy of the application is so served, the public gas transporter informs the Minister that he objects to any of the proposals, or if the Minister proposes to refuse consent or to attach any conditions to his consent, the Minister shall afford to the applicant and to the public gas transporter an opportunity of being heard before a person appointed by the Minister.

The Minister shall take into consideration the application and the report of any such hearing, and may either refuse the application or give his consent with or without any conditions.

The Minister’s consent under this section shall enure for the benefit of the land and of all persons for the time being interested in the land.

The Minister after giving his consent, with or without conditions, may at any time revoke his consent or impose conditions or further conditions or revoke or vary any conditions previously imposed but, before acting under this subsection, the Minister shall afford to the public gas transporter and to any person for the time being interested in the land an opportunity of being heard before a person appointed by the Minister.

The public gas transporter shall pay to a person making an application for the Minister’s consent under this section, or for a decision under subsection (8) of this section, any expenses reasonably incurred by the applicant in the preparation of plans, and any expenses reasonably incurred by him upon other similar matters in connection with the application, including reasonable costs incurred in employing an engineer, surveyor, land agent, solicitor or other person in an advisory capacity.

The following shall be local land charges, namely, a storage authorisation order, any conditions attached to a consent given by the Secretary of State under this section and, save in so far as it revokes any conditions, any further decision taken by the Secretary of State under subsection (8) of this section.

On the coming into operation of a storage authorisation order relating to an area in Scotland it shall be recorded as soon as may be in the General Register of Sasines by the public gas transporter named in the order; and particulars of any consent given by the Minister relating to controlled operations in Scotland shall be recorded as aforesaid by the person who has applied for that consent, and any further decision taken in relation to that consent under subsection (8) of this section shall be so recorded by the Minister.

It shall be the duty of the public gas transporter concerned to furnish to any person who is under an obligation to record a consent under the last foregoing subsection all necessary information to enable him to comply with that obligation.

If any person contravenes subsection (2) of this section or fails to comply with any conditions imposed under this section he shall be guilty of an offence under this Part of this Act and shall be liable—

If a public gas transporter applies in England or Wales to a magistrates court or in Scotland to the sheriff, and satisfies the court that any controlled operations have been carried out in breach of section 5(2), or that there has been a relevant failure to comply, and that the works specified in the application which consist of the filling in of an excavation, well, borehole or shaft made or sunk in contravention of the last foregoing section or in circumstances involving a relevant failure to comply, or the taking of any other steps to make good the default, ought to be carried out in the interests of safety, or in order to safeguard property, to preserve water resources or to prevent the suspension, or continued suspension, of the operations of an underground gas storage, the court may make an order authorising the public gas transporter to execute those works in such manner as he thinks fit.

Any person having an interest in the land in which the controlled operations have been carried out shall be entitled to appear and be heard on the application by the public gas transporter to the court, and the court shall not entertain the application unless satisfied that the public gas transporter has taken reasonable steps to give notice of the application to all such persons who are known to him.

The public gas transporter shall, as against all persons interested in the land in which the works are to be carried out, and any other land to which entry is required for the purpose of obtaining access to that land, have all such rights as are necessary in order to enable him to execute the order.

Except in a case of emergency, a public gas transporter shall not in pursuance of subsection (3) of this section demand admission as of right to any land which is occupied unless twenty-four hours’ notice of the intended entry has been given to the occupier, and where a public gas transporter in exercising his powers under subsection (3) of this section [causes] any damage to land or chattels, any person interested in the land or chattels shall be entitled to compensation in respect of that damage from the public gas transporter.

Any expenses reasonably incurred by the public gas transporter in executing the order of a court under this section (but not including any compensation paid by the public gas transporter under this section) may be recovered by the public gas transporter from the person who carried out the controlled operations or, as the case may be, was responsible for the relevant failure to comply.

Any person who wilfully obstructs a person acting under the authority of the order of a court under this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.

Any application under this section to a magistrates’ court shall be made by complaint.

In the application of this section to Scotland—

In this section “relevant failure to comply” means—

This section shall apply where the Minister, on an application for his consent to the carrying out of any controlled operations, decides to refuse his consent, or to grant his consent subject to conditions.

Subject to this section, if it is shown that the applicant or any other person— the public gas transporter shall pay to the person who has incurred the expenditure or sustained the loss or damage compensation in respect of that expenditure, loss or damage.

For the purposes of this section any expenditure incurred in the preparation of plans for the purposes of any work, or upon any similar matters preparatory thereto, shall be taken to be included in the expenditure incurred in carrying out that work.

In assessing compensation under this section in respect of abortive expenditure no account shall be taken of any expenditure incurred after the storage authorisation order came into force.

No liability to pay compensation shall arise under this section unless it is shown that any planning permission or statutory licence to abstract water which would be required for the carrying out of the controlled operations which are prevented by the Minister’s decision has been granted, or could, according to a certificate issued under the provisions of Schedule 3 to this Act, reasonably have been expected to be granted but for the Minister’s decision. If any planning permission or statutory licence to abstract water or any certificate issued under Schedule 3 to this Act which is relied on by the claimant shows that the carrying out of the controlled operations in accordance with the application would be, or could have been expected to be, subject to conditions, limitations or restrictions imposed by the local planning authority, by the Environment Agency or the Natural Resources Body for Wales, it shall be assumed for the purposes of this section that the application is for the carrying out of the controlled operations subject to such conditions, limitations or restrictions.

In assessing compensation under this section no account shall be taken of any expenditure or of any loss or damage if the expenditure, or any act which gave rise to the loss or damage, was not reasonably necessary and was undertaken for the purpose of obtaining compensation, or greater compensation.

In assessing the result of the Minister’s decision it shall be assumed that his decision will not at any future time be revoked or modified.

This section shall apply where the Minister after giving his consent to an application for the carrying out of controlled operations withdraws his consent or imposes conditions or further conditions on his consent or varies any conditions previously imposed on his consent.

Subject to this section, if it is shown that the applicant or any other person— the public gas transporter shall pay to the person who has incurred the expenditure or sustained the loss or damage compensation in respect of that expenditure, loss or damage.

For the purposes of this section any expenditure incurred in the preparation of plans for the purposes of any work, or upon any similar matters preparatory thereto, shall be taken to be included in the expenditure incurred in carrying out that work.

In assessing compensation under this section in respect of abortive expenditure no account shall be taken of any expenditure incurred in the period between the time when the storage authorisation order came into force and the time when that consent was given.

No liability to pay compensation shall arise under this section unless it is shown that any planning permission or statutory licence to abstract water which would be required for the carrying out of the controlled operations which are prevented by the Minister’s decision has been granted or could, according to a certificate issued under the provisions of Schedule 3 to this Act, reasonably have been expected to be granted but for the Minister’s decision. If any planning permission or statutory licence to abstract water or any certificate issued under Schedule 3 to this Act which is relied on by the claimant shows that the carrying out of the controlled operations would be, or could have been expected to be, subject to conditions, limitations or restrictions imposed by the local planning authority, by the Environment Agency or the Natural Resources Body for Wales, it shall be assumed for the purposes of this section that the Minister’s consent was for the carrying out of the controlled operations subject to such conditions, limitations or restrictions.

In assessing the result of the Minister’s decision it shall be assumed that his decision will not at any future time be revoked or modified.

A right to store gas in an underground gas storage acquired by a public gas transporter by agreement or compulsorily shall not include a right, as against any other person, to prevent the carrying out of any controlled operations, or of any operations which would be controlled operations but for the provisions of section 18(7)(a) of this Act; and compensation for any compulsory acquisition of such a right under Schedule 3 to the principal Act shall be assessed accordingly.

In assessing compensation— the effect of sections 5 and 6 of this Act shall be disregarded.

The appropriate tribunal in assessing compensation for the depreciation of an interest in land— shall make such adjustments as will in the opinion of the appropriate tribunal prevent compensation being paid more than once for the same cause on two or more claims falling within paragraphs (a) and (b) of this subsection, or on one or more such claims when taken with the consideration paid by the public gas transporter for the acquisition by agreement of any interest in land.

The appropriate tribunal in assessing compensation under section 8 or section 9 of this Act shall make such adjustments as will in the opinion of the appropriate tribunal prevent compensation being paid more than once in respect of the same cause, whether it gives rise to a claim for the depreciation of an interest in land, for abortive expenditure or for other loss or damage.

If after a decision of the Minister under section 5 of this Act has given rise to a liability to pay compensation under section 8 or section 9 of this Act the Minister takes a further decision under the said section 5 with respect to the operations in respect of which the compensation was payable, and the further decision is in all or any respects more favourable than the earlier decision, any person who carries out any operations which would have been unlawful if the Minister had not taken that further decision shall, subject to this section, be liable to pay to the public gas transporterconcerned an amount equal to— together with interest on that amount from the date on which the operations made lawful by the Minister’s further decision were begun until payment at the rate for the time being in force under section 32 of the Land Compensation Act 1961 or, as the case may be, section 40 of the Land Compensation (Scotland) Act 1963.

If, on an application to the Minister, it is shown to the satisfaction of the Minister that, having regard to the probable value of any operations which will give rise to a liability under this section, the operations are not likely to be carried out unless he exercises his powers under this subsection, the Minister may remit the whole or a part of any amount otherwise recoverable under this section.

Particulars of any compensation under section 8 or section 9 of this Act which has been agreed or awarded, together with particulars of the nature and location of the operations in respect of which the compensation is payable, shall be a local land charge.

In Scotland, where compensation has been agreed or awarded as aforesaid it shall be the duty of the public gas transporterconcerned as soon as may be to cause the particulars specified in the last foregoing subsection to be recorded in the General Register of Sasines.

A public gas transporter may be authorised under Schedule 3 to the principal Act (compulsory purchase of land) to purchase compulsorily a right to store gas in an underground gas storage, and Part I of Schedule 4 to this Act shall apply in relation to any such compulsory purchase.

Subject to section 10(1) of this Act, the right acquired under the foregoing subsection shall be an exclusive right to use the stratum for the purpose of the underground gas storage, and to prevent other persons from using it for that or any other purpose, but that exclusive right does not prevent the acquisition by another person of a right to store gas in the underground gas storage (whether in accordance with section 19B of the principal Act or otherwise).

Where, by a deed or instrument in which it is certified by a public gas transporter that the instrument is made in connection with the acquisition of rights to store gas in an underground gas storage, any person having an interest in land grants, or agrees to grant, to a public gas transporter a right to store gas in an underground gas storage or any other right over the land, the grant or agreement shall, subject to the provisions of the Land Charges Act 1925 and the Land Registration Act 2002 applied by the next following subsection, be binding upon any person deriving title or otherwise claiming under the grantor to the same extent as it is binding upon the grantor, notwithstanding that it would not have been binding upon that person apart from the provisions of this subsection.

Any right to store gas in an underground gas storage which is vested in a public gas transporter (whether created by compulsory purchase order or not), and any right to which the last foregoing subsection applies, shall —

Where any deed or instrument referred to in subsection (3) of this section relates to a right to store gas in an underground gas storage in Scotland, the deed or instrument shall be recorded as soon as may be by the person deriving a right to store gas as aforesaid in the General Register of Sasines.

A public gas transporter shall not dispose of a right to store gas in any part of an underground gas storage to a person other than another public gas transporter or the person who would have been entitled to grant that right if it had not been acquired by any gas transporter, but nothing in this subsection prevents the grant to another person of a right to store gas in the underground gas storage (whether in accordance with section 19B of the principal Act or otherwise).

The Minister may authorise a public gas transporterunder Schedule 3 to the principal Actto purchase compulsorily any land which is in a storage area or protective area and which is the site of any well, borehole or shaft for the purpose—

If the well, borehole or shaft in any such land extends below the depth prescribed by the storage authorisation order, the public gas transportermay be authorised under Schedule 3 to the principal Actto purchase compulsorily such rights as appear to the Minister expedient to enable the public gas transporterto ensure that the well, borehole or shaft is stopped up, or is prevented from being used by any other person; and Part I of Schedule 4 to this Act shall apply in relation to the compulsory purchase.

Where in consequence of the exercise by a public gas transporterof any right acquired under subsection (3) of this section any person suffers loss by reason of damage to, or disturbance in the enjoyment of, any land or chattels, he shall be entitled to compensation in respect of that loss from the public gas transporter.

Part II of Schedule 4 to this Act (which relates to cases where a well, borehole or shaft is used for the purpose of providing a supply of water) shall have effect for the purposes of this section.

A right acquired under subsection (2) or subsection (3) of this section shall—

A right acquired as aforesaid in relation to a well, borehole or shaft situated in Scotland shall be recorded as soon as may be by the person acquiring the right in the General Register of Sasines.

Section 10(3) of the Coal Industry Act 1994 (restriction on alienation of coal and coalmines) shall not prevent the acquisition by a public gas transporter, whether by agreement or by compulsory purchase, for purposes connected with an underground gas storage of land which is the site of a well, borehole or shaft which forms part of a coal mine (as defined in section 65 of the said Act of 1994)which is disused, or of any rights as respects such a well, borehole or shaft.

References in this section to a storage area or protective area, or the depth prescribed by a storage authorisation order, shall, in relation to a compulsory purchase order which is made under this section after proposals for a storage authorisation order have been submitted to the Minister under paragraph 3 of Schedule 2 to this Act, but before the storage authorisation order takes effect, be taken as references to those areas, or the depth so prescribed, as set out in the proposals, or in an application under paragraph 6 of the said Schedule 2, and any variation of the areas or depth in the storage authorisation order, as compared with those proposals or the application, shall not invalidate the compulsory purchase order.

The provisions of this section are without prejudice to the generality of the provisions of Schedule 3 to the principal Act.

In the application of this section to Scotland, in subsection (4) “chattels” means corporeal moveables.

Subject to this section, and to section 18(8)(b) of this Act, the public gas transportershall be absolutely liable in civil proceedings in respect of damage caused by gas in an underground gas storage, or by gas in the boreholes connected with an underground gas storage, or which is escaping from or has escaped from any underground gas storage or any such boreholes.

For the purposes of the law of tort liability under this section shall be regarded as arising from a duty owed by the public gas transporterto the person suffering the damage, and in section 1 of the Fatal Accidents Act 1846, references to a wrongful act, neglect or default shall include references to any occurrence which gives rise to liability under this section.

Subject to the Law Reform (Contributory Negligence) Act 1945, where the person suffers the damage as the result of his own fault (including in that expression the fault of his servant or agent) the public gas transportershall not be responsible for the damage.

In this section “damage” means loss of life, personal injury and damage to property, and in relation to Scotland for the reference to the law of tort there shall be substituted a reference to the law of reparation.

If the injection of gas into, or the presence of gas in, an underground gas storage, or the escape of gas from an underground gas storage or the boreholes connected with an underground gas storage, pollutes any water or interferes with the flow of any water, or displaces any water located in or percolating through an underground stratum, and as a result any person is prevented from effectively exercising or enjoying a protected right (as defined in Chapter II of Part II of the Water Resources Act 1991 or within the meaning of that Chapter so far as it applies in relation to any application for a licence which is a licence of right for the purposes of Schedule 7 to the Water Resources Act 1991)) which was exercisable at the time when the storage authorisation order came into force, it shall be the duty of the public gas transporterconcerned to pay such compensation, or to take such other steps, as are specified in this section.

If the water obtainable in exercise of the protected right is polluted and it is reasonably practicable and economical to cleanse the amount of water which the users desire to obtain in exercise of that right, whether by means of apparatus permanently installed or by other means, then—

Where subsection (2) of this section does not apply, and the persons entitled to exercise the protected right are statutory water undertakers, the Environment Agency or the Natural Resources Body for Wales, the gas transporter shall, if the statutory water undertakers, the Environment Agency or the Natural Resources Body for Wales provide an alternative supply of water, pay to them the costs reasonably incurred by them in doing so: Provided that the public gas transportershall not be liable for those costs if and so far as they are attributable to the supply so provided being superior in quantity or quality to the supply which was being, or might have been, obtained in exercise of the protected right.

Where subsection (2) of this section does not apply, and the persons entitled to exercise the protected right are not statutory water undertakers, the Environment Agency or the Natural Resources Body for Wales, the gas transporter shall, at the request of those persons, and if it is reasonably practicable and economical so to do, provide without charge an alternative supply of water which is in quantity and quality equivalent to the supply which was being, or might have been, obtained in exercise of the protected right.

Where subsection (2), subsection (3) or subsection (4) of this section applies the public gas transportershall pay to the persons entitled to relief under those subsections—

Where subsections (2) to (5) of this section do not apply the public gas transporter shall pay compensation for the loss or damage suffered.

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

Any dispute between a public gas transporterand any other person as to whether or not it is reasonably practicable and economical to take such steps as are described in subsection (2) or subsection (4) of this section shall be referred to and determined by the Minister and the Minister concerned with water resources acting jointly. Before determining a dispute referred to them under this subsection, the said Ministers shall afford to the parties to the dispute an opportunity of being heard before a person appointed by the Ministers for the purpose, and shall, in determining the dispute, take the report of the hearing into consideration.

In this section references to a protected right which was exercisable at the time when the storage authorisation order came into force include references to a protected right deriving from a licence issued in substitution for a licence which was in force at that time.

It is hereby declared that statutory water undertakers, the Environment Agency, the Natural Resources Body for Wales or any other person may surrender any of the rights conferred by this section on such terms as may be agreed with the public gas transporter.

In the application of this section to Scotland—

If the injection of gas into, or the presence of gas in, an underground gas storage, or the escape of gas from an underground gas storage or the boreholes connected with an underground gas storage, pollutes any water or interferes with the flow of any water, or displaces any water located in or percolating through an underground stratum, and as a result any person is prevented from effectively exercising or enjoying a protected right (as defined in section 26 of the Water Resources Act 1963) which was exercisable at the time when the storage authorisation order came into force, it shall be the duty of the public gas transporter concerned to pay such compensation, or to take such other steps, as are specified in this section.

If the water obtainable in exercise of the protected right is polluted and it is reasonably practicable and economical to cleanse the amount of water which the users desire to obtain in exercise of that right, whether by means of apparatus permanently installed or by other means, then—

Where subsection (2) of this section does not apply, and the persons entitled to exercise the protected right are statutory water undertakers, the Environment Agency or the Natural Resources Body for Wales, the gas transporter shall, if the statutory water undertakers, the Environment Agency or the Natural Resources Body for Wales provide an alternative supply of water, pay to them the costs reasonably incurred by them in doing so: Provided that the public gas transporter shall not be liable for those costs if and so far as they are attributable to the supply so provided being superior in quantity or quality to the supply which was being, or might have been, obtained in exercise of the protected right.

Where subsection (2) of this section does not apply, and the persons entitled to exercise the protected right are not statutory water undertakers or a river authority, the public gas transporter shall, at the request of those persons, and if it is reasonably practicable and economical so to do, provide without charge an alternative supply of water which is in quantity and quality equivalent to the supply which was being, or might have been, obtained in exercise of the protected right.

Where subsection (2), subsection (3) or subsection (4) of this section applies the public gas transporter shall pay to the persons entitled to relief under those subsections—

Where subsections (2) to (5) of this section do not apply the public gas transporter shall pay compensation for the loss or damage suffered.

The provisions of this section shall be without prejudice to the liability of a public gas transporter in any criminal proceedings under Part XIV of Schedule 3 to the Water Act 1945 or any other enactment, but liabilities discharged by a public gas transporter under this section shall go towards mitigating any liability for damages in civil proceedings for the pollution of, or other interference with, the water supply which are not brought by virtue of this section.

Any dispute between a public gas transporter and any other person as to whether or not it is reasonably practicable and economical to take such steps as are described in subsection (2) or subsection (4) of this section shall be referred to and determined by the Minister and the Minister concerned with water resources acting jointly. Before determining a dispute referred to them under this subsection, the said Ministers shall afford to the parties to the dispute an opportunity of being heard before a person appointed by the Ministers for the purpose, and shall, in determining the dispute, take the report of the hearing into consideration.

In this section references to a protected right which was exercisable at the time when the storage authorisation order came into force include references to a protected right deriving from a licence issued in substitution for a licence which was in force at that time.

It is hereby declared that statutory water undertakers, the Environment Agency, the Natural Resources Body for Wales or any other person may surrender any of the rights conferred by this section on such terms as may be agreed with the public gas transporter.

In the application of this section to Scotland—

The Minister may, at any time, if he considers it necessary so to do in the interests of safety, by notice served on a public gas transporterimpose conditions concerning the manner in which the public gas transporterdevelops or operatesan underground gas storage; and the Minister may in particular impose—

The Minister may at any time, if he considers it necessary so to do in the interests of safety, by notice served on a public gas transporterrequire the public gas transporterto do all or any of the following things, that is,—

Any notice under this section shall take effect as from such date as the Minister may specify in the notice; and may at any time be varied or revoked by a subsequent notice under this section.

The public gas transporteron whom a notice is served under this section may at any time make representations to the Minister as to the date on which the notice is to take effect, or representations as to the variation or revocation of the notice; and the Minister shall take any such representations into account in deciding whether to exercise his powers of variation or revocation under this section.

If a public gas transporterfails to comply with a condition or requirement imposed in a notice under this section, the public gas transportershall be guilty of an offence under this Part of this Act and shall be liable—

In this section references to action necessary in the interests of safety include references to action necessary to protect water resources.

If— notice of the event, in such form and accompanied by such particulars as may be specified by the Minister, shall forthwith be given by the public gas transporter to the Minister; and a public gas transporter failing to comply with this subsection shall be guilty of an offence under this Part of this Act.

The Minister may, where he thinks it expedient so to do, direct an inquiry to be held into any event notice of which is to be given under the foregoing subsection, or any other event connected with the underground gas storage. The inquiry shall be held in public and in accordance with the provisions of Schedule 5 to this Act.

The Minister may, whether or not he proposes to hold an inquiry in public under the last foregoing subsection into any event connected with an underground gas storage, appoint one of his officers or some other competent person to investigate the event and to make a special report with respect to it, and the Minister may cause any such report to be made public at such time and in such manner as he thinks fit.

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

It shall be the duty of the public gas transporter to make arrangements— to be notified immediately on the occurrence of any such event; and the public gas transporter shall provide those authorities and bodies with such plans, maps and other information as they may reasonably require in order to enable him to carry out those duties. A public gas transporter failing to comply with this subsection shall be guilty of an offence under this Part of this Act.

A public gas transporterguilty of an offence under this Part of this Act by virtue of this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

If at any time it appears to the Minister necessary in the interest of safety that an underground gas storage should be discontinued, he may serve notice on the public gas transporterconcerned stating that he proposes to make an order requiring the storage to be taken out of operation. The public gas transportermay, within six weeks of the date of service of the notice, make representations to the Minister, and the Minister shall take the representations into account.

A public gas transportermay at any time apply to the Minister for an order requiring the storage to be taken out of operation.

The Minister shall include in an order under this section such provisions as appear to him necessary or expedient for the purpose of ensuring that the gas in the storage, and the stratum in which the gas is stored, do not become or remain a source of danger; and the Minister may, in particular, include among those provisions a requirement that the public gas transportershall withdraw, so far as may be practicable, all gas from the storage.

The public gas transportershall submit a report to the Minister setting out the steps taken to comply with the order.

Any requirement contained in an order under this section shall take effect as from such date as the Minister may specify in the order, and any such provision may at any time be varied or revoked by a subsequent order under this section.

The public gas transportermay at any time make representations to the Minister as to the date on which any requirement in the order is to take effect, or representations as to the variation or revocation of the requirement; and the Minister shall take any such representations into account in deciding whether to exercise his powers of making an order varying or revoking any such requirement.

At any time after the making of an order under this section the Minister may, if he considers that it is safe to do so, direct—

If a direction is given under the last foregoing subsection—

If a public gas transporterfailsto comply with an order under this section, the public gas transportershall be guilty of an offence under this Part of this Act and shall be liable—

In this section references to action necessary in the interests of safety include references to action necessary to protect water resources, and the expression “safe” shall be construed accordingly.

If— notice of the event, in such form and accompanied by such particulars as may be specified by the Minister, shall forthwith be given by the public gas transporter to the Minister; and a public gas transporter failing to comply with this subsection shall be guilty of an offence under this Part of this Act.

The Minister may, where he thinks it expedient so to do, direct an inquiry to be held into any event notice of which is to be given under the foregoing subsection, or any other event connected with the underground gas storage. The inquiry shall be held in public and in accordance with the provisions of Schedule 5 to this Act.

The Minister may, whether or not he proposes to hold an inquiry in public under the last foregoing subsection into any event connected with an underground gas storage, appoint one of his officers or some other competent person to investigate the event and to make a special report with respect to it, and the Minister may cause any such report to be made public at such time and in such manner as he thinks fit.

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

It shall be the duty of the public gas transporter to make arrangements— to be notified immediately on the occurrence of any such event; and the public gas transporter shall provide those authorities and bodies with such plans, maps and other information as they may reasonably require in order to enable him to carry out those duties. A public gas transporter failing to comply with this subsection shall be guilty of an offence under this Part of this Act.

A public gas transporter guilty of an offence under this Part of this Act by virtue of this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

The Minister may appoint as inspectors to assist him in the execution of this Part of this Act such number of persons appearing to him to be qualified for the purpose as he may from time to time consider necessary or expedient, and may make to or in respect of any person so appointed, such payments, by way of remuneration or allowances or otherwise, as the Minister may, with the approval of the Treasury, determine.

Any sums paid by the Minister under the foregoing subsection shall be paid out of moneys provided by Parliament.

Every public gas transporterto whom a storage authorisation order applies during any period shall pay to the Minister such proportion as the Minister may determine ofAny sums so paid by the Minister, and such part of any expenses incurred by him as he may, with the consent of the Treasury, determine to be incurred in connection with the exercise of his powers under subsection (1) of this section, and any sums received by the Minister under this subsection shall bepaid into the Exchequer. The reference in this subsection to the Minister’s expenses includes a reference to expenses incurred by any other government department in connection with the Department of Energy, and to such sums as the Treasury may determine in respect of the use for the purposes of that Department of Energyof any premises belonging to the Crown.

Any liability of a public gas transporter in respect of sums payable by himunder the last foregoing subsection on account of pensions shall, if the Minister so determines, be satisfied by way of contributions calculated, at such rate as may be determined by the Treasury, by reference to remuneration.

An inspector shall, for the purpose of the execution of this Part of this Act, have power (subject to production, if so requested, of written evidence of his authority), to do all or any of the following things that is,—

A person who— shall be guilty of an offence under this Part of this Act, and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Section 43(1)of the principal Act (punishment for false information given for purposes of Act) shall apply as if references in that subsection to any provision of that Act included references to any provision of this Part of this Act.

Section 43(2)of the principal Act (restriction on institution of prosecutions) shall apply as if the reference in that section to an offence under the said section 43(1)included a reference to an offence under any provision of this Part of this Act.

Where a body corporate is guilty of an offence under any provision of this Part of this Act and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or of any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. In this subsection, the expression “director”, in relation to . . . any other body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that . . . body corporate.

Without prejudice to the operation, as respects England and Wales, of section 8 of the accessories and Abettors Act 1861 and section 44 of the Magistrates’ Courts Act 1980, any person who aids, abets, counsels or procures the commission of an offence under this Part of this Act shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

If by virtue of either of the two last foregoing subsections an individual is guilty of an offence under section 16(5) or section 18(9) of this Act the individual shall be liable—

Section 46of the principal Act (service of notices) shall apply as if any reference in that section to the principal Act included a reference to this Part of this Act.

Section 46 of the Gas Act 1972(inquiries held by Minister) shall apply as if any reference in that section to that Actincluded a reference to this Part of this Act, and the provisions of that section shall apply to any public local inquiry held by the Minister in pursuance of this Part of this Act, other than an inquiry under Schedule 5 to this Act, as they apply to any inquiry held by the Minister under that section.

There shall be referred to and determined by the appropriate tribunal— but subject to the express provisions of this Part of this Act referring questions for the decision of any Ministers.

In relation to the determination of any question so referred to the appropriate tribunal the provisions of section 4 of the Land Compensation Act 1961 or, as the case may be, sections 9 and 11 of the Land Compensations (Scotland) Act 1963 (which relate to procedure and costs) shall apply, subject to any necessary modifications.

For the purposes of assessing any compensation under this Part of this Act in respect of depreciation of an interest in land the rules set out in section 5 of the said Act of 1961 or, as the case may be, section 2 of the said Act of 1963 (which are the rules applicable to compulsory purchases of land) shall, so far as applicable and subject to any necessary modifications, have effect as they have effect for the purposes of assessing compensation for the compulsory acquisition of an interest in land.

On the reference to the appropriate tribunal— the tribunal may admit evidence as to the effect which the introduction and use of underground gas storages in other parts of the United Kingdom or elsewhere have had on land values, so far as such evidence may tend to indicate, particularly in cases where direct evidence of the value of the land in question is scarce or non-existent, whether any, and if so how much, depreciation occurred at any given date.

Without prejudice to the generality of the principles on which compensation is to be assessed under this Part of this Act, account shall be taken in assessing compensation under this Part of this Act of the provisions of Chapter II of Part II of the Water Resources Act 1991, of the Water (Scotland) Act 1980, of the Spray Irrigation (Scotland) Act 1964, and of any other enactment restricting rights or powers of abstracting water.

Where compensation under the provisions of section 7, section 8 or section 9 of this Act is payable in respect of depreciation of the value of an interest in land and that interest is subject to a mortgage— and in relation to an interest in land in Scotland “mortgage” means a heritible security including a security constituted by ex facie absolute disposition or assignation, and “mortgagee” means the creditor in such a security.

Compensation payable under this Part of this Act in respect of an interest in land may, where under the Settled Land Act 1925 or any other enactment a limited owner can give a good discharge for the purchase money on a purchase of that interest, be paid to that person.

In the application of the last foregoing subsection to Scotland for any reference to a person being a limited owner under the Settled Land Act 1925 or any other enactment there shall be substituted a reference to a liferenter.

Land in which there is a Crown or Duchy interest may, with the consent of the appropriate authority, be included in a storage area or in a protective area.

Except with the approval of the Minister, no controlled operations shall be carried out in any land by a government department or, in land as respects which an appropriate authority, other than a government department, have given their consent under subsection (1) of this section, by that authority, but nothing in this section or in any other provision of this Part of this Act shall be taken as applying section 5 of this Act so as to bind the Crown.

In this section “Crown or Duchy interest” means an interest belonging to Her Majesty in right of the Crown or of the Duchy of Lancaster, or belonging to the Duchy of Cornwall, or belonging to a government department, or held in trust for Her Majesty for the purposes of a government department; and “the appropriate authority”— and if any question arises as to what authority is the appropriate authority in relation to any land, that question shall be referred to the Treasury, whose decision shall be final.

In subsection (3), “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.

There shall be referred to and determined by the appropriate tribunal— but subject to the express provisions of this Part of this Act referring questions for the decision of any Ministers.

In relation to the determination of any question so referred to the appropriate tribunal the provisions of section 4 of the Land Compensation Act 1961 or, as the case may be, sections 9 and 11 of the Land Compensations (Scotland) Act 1963 (which relate to procedure and costs) shall apply, subject to any necessary modifications.

For the purposes of assessing any compensation under this Part of this Act in respect of depreciation of an interest in land the rules set out in section 5 of the said Act of 1961 or, as the case may be, section 2 of the said Act of 1963 (which are the rules applicable to compulsory purchases of land) shall, so far as applicable and subject to any necessary modifications, have effect as they have effect for the purposes of assessing compensation for the compulsory acquisition of an interest in land.

On the reference to the appropriate tribunal— the tribunal may admit evidence as to the effect which the introduction and use of underground gas storages in other parts of the United Kingdom or elsewhere have had on land values, so far as such evidence may tend to indicate, particularly in cases where direct evidence of the value of the land in question is scarce or non-existent, whether any, and if so how much, depreciation occurred at any given date.

Without prejudice to the generality of the principles on which compensation is to be assessed under this Part of this Act, account shall be taken in assessing compensation under this Part of this Act of the provisions of the Water Resources Act 1963, of the Water (Scotland) Act 1980, of the Spray Irrigation (Scotland) Act 1964, and of any other enactment restricting rights or powers of abstracting water.

Where under this Part of this Act a document is required to be served on an owner of land, and the land is ecclesiastical property, a copy of the document shall be served on the Diocesan Board of Finance for the diocese in which the land is situated.

Any compensation payable under this Part of this Act to a person by virtue of his title to any interest in land shall, if the land is ecclesiastical property and if the interest is the fee simple in the land, be paid (where the fee simple is vested in any person other than the Diocesan Board of Finance for the diocese in which the land is situated) to it instead of to that person.

Any sums paid under the last foregoing subsection to the Diocesan Board of Finance for the diocese in which the land is situated with reference to any land shall, if the land is not consecrated, be applied by it for the purposes for which the proceeds of a sale by agreement of the fee simple in the land would be applicable under any enactment or Measure authorising such a sale or disposing of the proceeds of such a sale, and, if the land is consecrated, be applied by it as if the land had been sold under the Pastoral Measure 1983.

Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant, it shall be treated— as being vested in the Diocesan Board of Finance for the diocese in which the land is situated, and any notice to treat shall be served accordingly.

In this section the expression “ecclesiastical property” means land belonging to an ecclesiastical benefice of the Church of England, or being or forming part of a church subject to the jurisdiction of the bishop of any diocese of the Church of England or the site of a church so subject, or being or forming part of a burial ground so subject.

For the purposes of the Local Land Charges Act 1975, the public gas supplier concernedshall be treated as the originating authority as respects any matter which is a local land charge by virtue of this Part of this Act.

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

Any such matter shall be registered in the manner prescribed by rules made under the said section 15(6) of the Land Charges Act 1925 and the power conferred by that subsection shall be exercisable for giving effect to the provisions of this Part of this Act relating to registration in the register of local land charges.

References in this Part of this Act to the register of local land charges do not include references to the register of local land charges of any county council.

It shall be the duty of any person required to record any matter in the General Register of Sasines under this Part of this Act to include in the particulars to be recorded the names of the owners of and the addresses of all properties affected by that matter, and such information as the Keeper of the Registers of Scotland may require for the performance of his functions, and to notify the Keeper of any modification or discharge of entries relating to matters so recorded, and, in particular, it shall be the duty of the public gas transporter, for the purpose of enabling an entry under section 5(11) of this Act to be discharged, to give notice of any direction given under section 18(7).

In this Part of this Act, unless the context otherwise requires—

In this Part of this Act the expressions “protective area” and “storage area” have the meanings respectively assigned by section 5(1) of, and paragraph 1 of Schedule 2 to, this Act and, except where the context otherwise requires, any reference in this Part of this Act to a protective area or storage area includes all land and strata at all depths below the surface of the ground in the area.

For the purposes of this Part of this Act Monmouthshire shall be deemed to be in Wales and not in England.

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

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

Section 52 of the principal Act (which prohibits any new piped supply of gas except with the consent of the Area Board and in accordance with such conditions as may be attached to that consent) shall have effect subject to the following provisions of this section.

An Area Board shall give their consent under that section to the supply of gas if the supply is for such purposes as are mentioned in the next following subsection.

The said purposes are industrial purposes which do not consist of or include the use as a fuel of the gas which it is proposed to supply except in so far as the gas is required to provide heat or other energy required— and in determining whether any industrial purposes are as mentioned in this subsection the use of any gas derived, otherwise than as a by-product, from the gas which it is proposed to supply shall be treated as the use of that gas.

If any question arises whether the purposes for which gas is to be supplied are purposes mentioned in the last foregoing subsection, it shall be determined by the Minister.

Notwithstanding anything in subsection (1) of the said section 52, an Area Board shall not attach any conditions to their consent to a supply of gas for purposes so mentioned, except conditions requiring the supplier of the gas to provide, periodically or on request by the Board, information with respect to the type of gas supplied, the amount supplied and the use of the gas supplied; and any person aggrieved by any such condition may refer it to the Minister, who may confirm, vary or revoke it or impose instead some other condition which the Area Board could have imposed under this subsection.

The said section 52 shall not apply to natural gas gotten in Great Britain in pursuance of a licence under the Petroleum (Production) Act 1934.

It is hereby declared that in section 1(4) and section 2(5) of the principal Act (which enable Area Boards and the Gas Council to do anything which in their opinion is calculated to facilitate the exercise or performance of any functions conferred or imposed on them by any enactment) the reference to any enactment includes a reference to an enactment in this Act or in any other Act passed after the principal Act.

References in this Act to powers conferred on the Gas Council by any provision of this Act are references to the powers conferred by that provision as extended by the said section 2(5) of the principal Act.

Any additional sums which, in consequence of the provisions of this Act, may be required to be issued out of the consolidated fund, or paid into the Exchequer, or raised by the Treasury, under section 2 of the Electricity and Gas Act 1963 (Exchequer advances to nationalised industries) or section 45 of the principal Act (Treasury guarantees) shall be charged on and issued out of the consolidated fund, or paid into the Exchequer, or may be raised by the Treasury, as the case may be.

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

This act may be cited as the Gas Act 1965.

In this Act “the principal Act” means the Gas Act 1986, “ public gas transporter” has the same meaning as in Part I ofthat Act and “the Minister” means the Secretary of State.

Except in so far as the context otherwise requires, any reference in this Act to any enactment shall be construed as a reference to that enactment as amended by or under any other enactment, including this Act.

This Act shall not extend to Northern Ireland.

Part I and this Part of this Act shall come into force on the passing of this Act, and Part II of this Act shall come into force on such date as the Minister may by order in a statutory instrument appoint, and different dates may be appointed under this subsection for different provisions of that Part or for different purposes.

The duties of the Gas Council shall include the duty to promote and assist the coordinated development of efficient and economical gas supplies in Great Britain.

Without prejudice to the power of the Gas Council under section 2(2) of the Gas Act 1948 (in this Act referred to as " the principal Act") to perform services for, or act on behalf of, Area Boards, that Council shall have power—

Where the Minister, after consultation with the Area Board, if any, within whose area the supply is to be given, has authorised the Gas Council to do so, the Gas Council shall also have power to supply gas to any person in Great Britain or elsewhere, and the Gas Council may exercise that power notwithstanding the provisions of section 52 of the principal Act (which restricts the supply of gas by persons other than Area Boards).

The Gas Council, if and so long as they exercise any of the powers conferred on them by this Act, shall so exercise those powers as to secure that the revenues arising from such exercise are not less than sufficient to meet their outgoings in respect thereof properly chargeable to revenue account, taking one year with another.

In carrying out, in the exercise and performance of their functions, any measures involving substantial outlay on capital account, the Gas Council shall act in accordance with a general programme settled by them from time to time with the approval of the Minister.

In exercising and performing their functions the Gas Council shall promote the welfare, health and safety of persons in their employment.

Stamp duty shall not be chargeable on any instrument which is certified to the Commissioners of Inland Revenue by the Gas Council as having been made solely for the purpose of conveying or transferring from an Area Board to the Gas Council any property, interest or right for the purpose of enabling the Gas Council to exercise the powers conferred on them by subsection (2) of this section: Provided that no such instrument shall be deemed to be duly stamped unless either it is stamped with the duty to which it would but for this subsection be liable, or it has, in accordance with the provisions of section 12 of the Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it is duly stamped.

Part I of the Restrictive Trade Practices Act 1956 shall not apply to any agreement made by the Gas Council under subsection (2) of this section with any Area Board or group of Area Boards for, or for regulating,— not being an agreement under which any Board accepts, or is treated as accepting, a restriction on the persons or classes of persons from whom gas or any other substance of the description dealt with by the agreement is to be acquired.

The Acts mentioned in Schedule 1 to this Act shall be amended as there provided (being amendments relating to the Gas Council).

This section shall be construed as one with the principal Act.

No premises occupied for operational purposes by the Gas Council shall be liable to be rated, or to be included in any rate, or in any valuation list or valuation roll.

For the purposes of section 6(1) of the Rating and Valuation (Miscellaneous Provisions) Act 1955, and of the corresponding Scottish enactment, gas supplied by the Gas Council to consumers at, or manufactured by the Council at, a place in Great Britain shall be treated as having been supplied or manufactured, as the case may be, by the Gas Board in whose area that place is situated.

In estimating the number of therms supplied by a Gas Board— any gas supplied by the Gas Council to consumers at any place in Great Britain shall be treated as having been supplied by the Gas Board in whose area that place is situated.

For the purposes of the said Schedule 3 and the said section 11, and of the corresponding Scottish enactments, any gas manufactured by the Gas Council shall be treated as having been manufactured by the Gas Board in whose area the gas is manufactured, and for the purposes of the said section 11, and of the corresponding Scottish enactment, any gas produced by the Gas Council by the application of a process to gas purchased by the Gas Council shall be treated as having been produced by the Gas Board in whose area the gas is so produced by the application of that process to gas purchased by that Gas Board.

Paragraph 12 of the said Schedule 3, and the corresponding Scottish enactment, shall apply where a gasworks of the Gas Council is situated partly in one rating area and partly in one or more other rating areas as they apply where a gasworks of a Gas Board is so situated.

For the purposes of section 11(3) of the Local Government Act 1958 (under which an adjustment is made in applying the said formula to gas purchased by a Gas Board), and of the corresponding Scottish enactment—

In paragraph 5(b) of Schedule 3 to the Rating and Valuation Act 1925 as set out in section 41 of the Pipe-lines Act 1962 (rateability of pipe-lines) the reference to an Area Board shall include a reference to the Gas Council.

The valuation officer for a rating area shall from time to time make such proposals as may be required for deleting from the valuation list any hereditament consisting of or comprising premises exempted by subsection (1) of this section, and, where such a hereditament comprises premises not so exempted, for including those premises in the list as one or more separate hereditaments.

It is hereby declared that for the purposes of the Acts relating to rating which are mentioned in this section the expression " gas " includes gas in a liquid state, and that— do not of themselves constitute the manufacture of gas or the application of a process to gas.

In this section " occupied for operational purposes " means occupied exclusively for purposes connected with the powers conferred on the Gas Council by this Act, but premises so occupied do not include— In determining for the purpose of paragraph (b) of this subsection whether any place is wholly or mainly occupied and used for the sale, display or demonstration of apparatus or accessories for use by consumers of gas, use for the receipt of payments for gas consumed shall be disregarded.

In this section, in its application to England and Wales, expressions used in the Rating and Valuation Act 1925 have the same meanings as they have for the purposes of that Act and, in its application to Scotland, expressions used in the Valuation and Rating (Scotland) Act 1956 have the same meanings as in the said Act of 1956.

For the purposes of this section—

The Minister may by an order (in this Part of this Act referred to as a “storage authorisation order”) authorise the storage by a public gas transporter in natural porous strata underground of such kinds of gas (including natural gas) as, having regard to the safety of the public and the need to protect water resources are in the opinion of the Minister suitable for such storage.

A public gas transportershall not develop or use any such strata for the storage of gas except in accordance with a storage authorisation order, and a storage authorisation order . . . shall not authorise the disregard by any public gas transporter of any enactment or rule of law exonerate a public gas transporter from any indictment, action or other proceedings for any nuisance caused by them.

So far as relating to development within section 17(2), (3) or (5) of the Planning Act 2008—

At all stages in the formulation by a public gas transporter of any proposals for the making of a storage authorisation order, and in the consideration by the Minister of any such proposals, the public gas transporter or the Minister, as the case may be, shall have regard to the safety of the public and the protection of water resources.

So far as relating to the use of strata for the storage of gas, subsections (1) and (2) are subject to section 120(9) of the Planning Act 2008 (exclusion of power to include ancillary provision in orders).

At all stages in the formulation by a public gas transporter of any proposals for the making of a storage authorisation order, and in the consideration by the Minister of any such proposals, the public gas transporter or the Minister, as the case may be, having regard to the desirability of preserving natural beauty, of conserving flora, fauna, and geological or physiographical features of special interest, and of protecting buildings and other objects of architectural or historic interest, shall take into account any effect which the proposals might have on the natural beauty of the countryside or on any such flora, fauna, features, buildings or objects.

Section 72 of the Water Resources Act 1963 (control of discharges into underground strata) shall not apply to a discharge of gas into underground strata in accordance with a storage authorisation order.

So far as— constitute development for the purposes of the Town and Country Planning Act 1990, that development shall for the purposes of section 90 of that Act (deemed planning permission) be taken to be authorised by the Minister in making the storage authorisation order.

The provisions of the last foregoing subsection shall apply to Scotland, but for the words from “constitute” to the end of the subsection there shall be substituted the words “constitute development for the purposes of the Town and Country Planning (Scotland) Act 1997 that development shall for the purposes of section 57 of that Act (planning permission for development by local authorities and statutory undertakers) be taken to be authorised by the Minister in making the storage authorisation order”.

The provisions of Parts I and II of Schedule 2 to this Act shall have effect as respects the contents of a storage authorisation order and the procedure for making it, and— may be varied by a further storage authorisation order which shall be made in accordance with the provisions of Part III of that Schedule; and Part IV of that Schedule shall have effect for the purpose of adapting the other provisions of that Schedule in their application to Scotland.

This section shall apply to controlled operations in a storage area and, if a storage authorisation order so provides as respects any area outside the storage area, in that other area (in this Part of this Act referred to as “the protective area”), and for the purposes of this section controlled operations are any description of excavation, mining, quarrying or boring operations in the storage area or the protective area which are carried out wholly or partly below the depth prescribed by the storage authorisation order (which may be a different depth for different parts of either area) and which are begun or continued after the coming into force of the storage authorisation order.

No person, other than the public gas transporter authorised to operate the underground gas storage, shall carry out any controlled operations without the consent of the Minister.

Subsection (2) does not apply so far as the controlled operations are authorised by an order granting development consent under the Planning Act 2008.

An application for the consent of the Minister under this section shall state—

The applicant shall serve a copy of his application on the public gas transporter to whom the storage authorisation order applies and inform the Minister of the date on which he has done so.

If within twenty-eight days of the date on which the copy of the application is so served, the public gas transporter informs the Minister that he objects to any of the proposals, or if the Minister proposes to refuse consent or to attach any conditions to his consent, the Minister shall afford to the applicant and to the public gas transporter an opportunity of being heard before a person appointed by the Minister.

The Minister shall take into consideration the application and the report of any such hearing, and may either refuse the application or give his consent with or without any conditions.

The Minister’s consent under this section shall enure for the benefit of the land and of all persons for the time being interested in the land.

The Minister after giving his consent, with or without conditions, may at any time revoke his consent or impose conditions or further conditions or revoke or vary any conditions previously imposed but, before acting under this subsection, the Minister shall afford to the public gas transporter and to any person for the time being interested in the land an opportunity of being heard before a person appointed by the Minister.

The public gas transporter shall pay to a person making an application for the Minister’s consent under this section, or for a decision under subsection (8) of this section, any expenses reasonably incurred by the applicant in the preparation of plans, and any expenses reasonably incurred by him upon other similar matters in connection with the application, including reasonable costs incurred in employing an engineer, surveyor, land agent, solicitor or other person in an advisory capacity.

The following shall be local land charges, namely, a storage authorisation order, any conditions attached to a consent given by the Secretary of State under this section and, save in so far as it revokes any conditions, any further decision taken by the Secretary of State under subsection (8) of this section.

On the coming into operation of a storage authorisation order relating to an area in Scotland it shall be recorded as soon as may be in the General Register of Sasines by the public gas transporter named in the order; and particulars of any consent given by the Minister relating to controlled operations in Scotland shall be recorded as aforesaid by the person who has applied for that consent, and any further decision taken in relation to that consent under subsection (8) of this section shall be so recorded by the Minister.

It shall be the duty of the public gas transporter concerned to furnish to any person who is under an obligation to record a consent under the last foregoing subsection all necessary information to enable him to comply with that obligation.

If any person contravenes subsection (2) of this section or fails to comply with any conditions imposed under this section he shall be guilty of an offence under this Part of this Act and shall be liable—

If a public gas transporter applies in England or Wales to a magistrates court or in Scotland to the sheriff, and satisfies the court that any controlled operations have been carried out in breach of section 5(2), or that there has been a relevant failure to comply, and that the works specified in the application which consist of the filling in of an excavation, well, borehole or shaft made or sunk in contravention of the last foregoing section or in circumstances involving a relevant failure to comply, or the taking of any other steps to make good the default, ought to be carried out in the interests of safety, or in order to safeguard property, to preserve water resources or to prevent the suspension, or continued suspension, of the operations of an underground gas storage, the court may make an order authorising the public gas transporter to execute those works in such manner as he thinks fit.

Any person having an interest in the land in which the controlled operations have been carried out shall be entitled to appear and be heard on the application by the public gas transporter to the court, and the court shall not entertain the application unless satisfied that the public gas transporter has taken reasonable steps to give notice of the application to all such persons who are known to him.

The public gas transporter shall, as against all persons interested in the land in which the works are to be carried out, and any other land to which entry is required for the purpose of obtaining access to that land, have all such rights as are necessary in order to enable him to execute the order.

Except in a case of emergency, a public gas transporter shall not in pursuance of subsection (3) of this section demand admission as of right to any land which is occupied unless twenty-four hours’ notice of the intended entry has been given to the occupier, and where a public gas transporter in exercising his powers under subsection (3) of this section [causes] any damage to land or chattels, any person interested in the land or chattels shall be entitled to compensation in respect of that damage from the public gas transporter.

Any expenses reasonably incurred by the public gas transporter in executing the order of a court under this section (but not including any compensation paid by the public gas transporter under this section) may be recovered by the public gas transporter from the person who carried out the controlled operations or, as the case may be, was responsible for the relevant failure to comply.

Any person who wilfully obstructs a person acting under the authority of the order of a court under this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.

Any application under this section to a magistrates’ court shall be made by complaint.

In the application of this section to Scotland—

In this section “relevant failure to comply” means—

This section shall apply where the Minister, on an application for his consent to the carrying out of any controlled operations, decides to refuse his consent, or to grant his consent subject to conditions.

Subject to this section, if it is shown that the applicant or any other person— the public gas transporter shall pay to the person who has incurred the expenditure or sustained the loss or damage compensation in respect of that expenditure, loss or damage.

For the purposes of this section any expenditure incurred in the preparation of plans for the purposes of any work, or upon any similar matters preparatory thereto, shall be taken to be included in the expenditure incurred in carrying out that work.

In assessing compensation under this section in respect of abortive expenditure no account shall be taken of any expenditure incurred after the storage authorisation order came into force.

No liability to pay compensation shall arise under this section unless it is shown that any planning permission or statutory licence to abstract water which would be required for the carrying out of the controlled operations which are prevented by the Minister’s decision has been granted, or could, according to a certificate issued under the provisions of Schedule 3 to this Act, reasonably have been expected to be granted but for the Minister’s decision. If any planning permission or statutory licence to abstract water or any certificate issued under Schedule 3 to this Act which is relied on by the claimant shows that the carrying out of the controlled operations in accordance with the application would be, or could have been expected to be, subject to conditions, limitations or restrictions imposed by the local planning authority, by the Environment Agency or the Natural Resources Body for Wales, it shall be assumed for the purposes of this section that the application is for the carrying out of the controlled operations subject to such conditions, limitations or restrictions.

In assessing compensation under this section no account shall be taken of any expenditure or of any loss or damage if the expenditure, or any act which gave rise to the loss or damage, was not reasonably necessary and was undertaken for the purpose of obtaining compensation, or greater compensation.

In assessing the result of the Minister’s decision it shall be assumed that his decision will not at any future time be revoked or modified.

This section shall apply where the Minister after giving his consent to an application for the carrying out of controlled operations withdraws his consent or imposes conditions or further conditions on his consent or varies any conditions previously imposed on his consent.

Subject to this section, if it is shown that the applicant or any other person— the public gas transporter shall pay to the person who has incurred the expenditure or sustained the loss or damage compensation in respect of that expenditure, loss or damage.

For the purposes of this section any expenditure incurred in the preparation of plans for the purposes of any work, or upon any similar matters preparatory thereto, shall be taken to be included in the expenditure incurred in carrying out that work.

In assessing compensation under this section in respect of abortive expenditure no account shall be taken of any expenditure incurred in the period between the time when the storage authorisation order came into force and the time when that consent was given.

No liability to pay compensation shall arise under this section unless it is shown that any planning permission or statutory licence to abstract water which would be required for the carrying out of the controlled operations which are prevented by the Minister’s decision has been granted or could, according to a certificate issued under the provisions of Schedule 3 to this Act, reasonably have been expected to be granted but for the Minister’s decision. If any planning permission or statutory licence to abstract water or any certificate issued under Schedule 3 to this Act which is relied on by the claimant shows that the carrying out of the controlled operations would be, or could have been expected to be, subject to conditions, limitations or restrictions imposed by the local planning authority, by the Environment Agency or the Natural Resources Body for Wales, it shall be assumed for the purposes of this section that the Minister’s consent was for the carrying out of the controlled operations subject to such conditions, limitations or restrictions.

In assessing the result of the Minister’s decision it shall be assumed that his decision will not at any future time be revoked or modified.

A right to store gas in an underground gas storage acquired by a public gas transporter by agreement or compulsorily shall not include a right, as against any other person, to prevent the carrying out of any controlled operations, or of any operations which would be controlled operations but for the provisions of section 18(7)(a) of this Act; and compensation for any compulsory acquisition of such a right under Schedule 3 to the principal Act shall be assessed accordingly.

In assessing compensation— the effect of sections 5 and 6 of this Act shall be disregarded.

The appropriate tribunal in assessing compensation for the depreciation of an interest in land— shall make such adjustments as will in the opinion of the appropriate tribunal prevent compensation being paid more than once for the same cause on two or more claims falling within paragraphs (a) and (b) of this subsection, or on one or more such claims when taken with the consideration paid by the public gas transporter for the acquisition by agreement of any interest in land.

The appropriate tribunal in assessing compensation under section 8 or section 9 of this Act shall make such adjustments as will in the opinion of the appropriate tribunal prevent compensation being paid more than once in respect of the same cause, whether it gives rise to a claim for the depreciation of an interest in land, for abortive expenditure or for other loss or damage.

If after a decision of the Minister under section 5 of this Act has given rise to a liability to pay compensation under section 8 or section 9 of this Act the Minister takes a further decision under the said section 5 with respect to the operations in respect of which the compensation was payable, and the further decision is in all or any respects more favourable than the earlier decision, any person who carries out any operations which would have been unlawful if the Minister had not taken that further decision shall, subject to this section, be liable to pay to the public gas transporterconcerned an amount equal to— together with interest on that amount from the date on which the operations made lawful by the Minister’s further decision were begun until payment at the rate for the time being in force under section 32 of the Land Compensation Act 1961 or, as the case may be, section 40 of the Land Compensation (Scotland) Act 1963.

If, on an application to the Minister, it is shown to the satisfaction of the Minister that, having regard to the probable value of any operations which will give rise to a liability under this section, the operations are not likely to be carried out unless he exercises his powers under this subsection, the Minister may remit the whole or a part of any amount otherwise recoverable under this section.

Particulars of any compensation under section 8 or section 9 of this Act which has been agreed or awarded, together with particulars of the nature and location of the operations in respect of which the compensation is payable, shall be a local land charge.

In Scotland, where compensation has been agreed or awarded as aforesaid it shall be the duty of the public gas transporterconcerned as soon as may be to cause the particulars specified in the last foregoing subsection to be recorded in the General Register of Sasines.

A public gas transporter may be authorised under Schedule 3 to the principal Act (compulsory purchase of land) to purchase compulsorily a right to store gas in an underground gas storage, and Part I of Schedule 4 to this Act shall apply in relation to any such compulsory purchase.

Subject to section 10(1) of this Act, the right acquired under the foregoing subsection shall be an exclusive right to use the stratum for the purpose of the underground gas storage, and to prevent other persons from using it for that or any other purpose, but that exclusive right does not prevent the acquisition by another person of a right to store gas in the underground gas storage (whether in accordance with section 19B of the principal Act or otherwise).

Where, by a deed or instrument in which it is certified by a public gas transporter that the instrument is made in connection with the acquisition of rights to store gas in an underground gas storage, any person having an interest in land grants, or agrees to grant, to a public gas transporter a right to store gas in an underground gas storage or any other right over the land, the grant or agreement shall, subject to the provisions of the Land Charges Act 1925 and the Land Registration Act 2002 applied by the next following subsection, be binding upon any person deriving title or otherwise claiming under the grantor to the same extent as it is binding upon the grantor, notwithstanding that it would not have been binding upon that person apart from the provisions of this subsection.

Any right to store gas in an underground gas storage which is vested in a public gas transporter (whether created by compulsory purchase order or not), and any right to which the last foregoing subsection applies, shall —

Where any deed or instrument referred to in subsection (3) of this section relates to a right to store gas in an underground gas storage in Scotland, the deed or instrument shall be recorded as soon as may be by the person deriving a right to store gas as aforesaid in the General Register of Sasines.

A public gas transporter shall not dispose of a right to store gas in any part of an underground gas storage to a person other than another public gas transporter or the person who would have been entitled to grant that right if it had not been acquired by any gas transporter, but nothing in this subsection prevents the grant to another person of a right to store gas in the underground gas storage (whether in accordance with section 19B of the principal Act or otherwise).

The Minister may authorise a public gas transporterunder Schedule 3 to the principal Actto purchase compulsorily any land which is in a storage area or protective area and which is the site of any well, borehole or shaft for the purpose—

If the well, borehole or shaft in any such land extends below the depth prescribed by the storage authorisation order, the public gas transportermay be authorised under Schedule 3 to the principal Actto purchase compulsorily such rights as appear to the Minister expedient to enable the public gas transporterto ensure that the well, borehole or shaft is stopped up, or is prevented from being used by any other person; and Part I of Schedule 4 to this Act shall apply in relation to the compulsory purchase.

Where in consequence of the exercise by a public gas transporterof any right acquired under subsection (3) of this section any person suffers loss by reason of damage to, or disturbance in the enjoyment of, any land or chattels, he shall be entitled to compensation in respect of that loss from the public gas transporter.

Part II of Schedule 4 to this Act (which relates to cases where a well, borehole or shaft is used for the purpose of providing a supply of water) shall have effect for the purposes of this section.

A right acquired under subsection (2) or subsection (3) of this section shall—

A right acquired as aforesaid in relation to a well, borehole or shaft situated in Scotland shall be recorded as soon as may be by the person acquiring the right in the General Register of Sasines.

Section 10(3) of the Coal Industry Act 1994 (restriction on alienation of coal and coalmines) shall not prevent the acquisition by a public gas transporter, whether by agreement or by compulsory purchase, for purposes connected with an underground gas storage of land which is the site of a well, borehole or shaft which forms part of a coal mine (as defined in section 65 of the said Act of 1994)which is disused, or of any rights as respects such a well, borehole or shaft.

References in this section to a storage area or protective area, or the depth prescribed by a storage authorisation order, shall, in relation to a compulsory purchase order which is made under this section after proposals for a storage authorisation order have been submitted to the Minister under paragraph 3 of Schedule 2 to this Act, but before the storage authorisation order takes effect, be taken as references to those areas, or the depth so prescribed, as set out in the proposals, or in an application under paragraph 6 of the said Schedule 2, and any variation of the areas or depth in the storage authorisation order, as compared with those proposals or the application, shall not invalidate the compulsory purchase order.

The provisions of this section are without prejudice to the generality of the provisions of Schedule 3 to the principal Act.

In the application of this section to Scotland, in subsection (4) “chattels” means corporeal moveables.

Subject to this section, and to section 18(8)(b) of this Act, the public gas transportershall be absolutely liable in civil proceedings in respect of damage caused by gas in an underground gas storage, or by gas in the boreholes connected with an underground gas storage, or which is escaping from or has escaped from any underground gas storage or any such boreholes.

For the purposes of the law of tort liability under this section shall be regarded as arising from a duty owed by the public gas transporterto the person suffering the damage, and in section 1 of the Fatal Accidents Act 1846, references to a wrongful act, neglect or default shall include references to any occurrence which gives rise to liability under this section.

Subject to the Law Reform (Contributory Negligence) Act 1945, where the person suffers the damage as the result of his own fault (including in that expression the fault of his servant or agent) the public gas transportershall not be responsible for the damage.

In this section “damage” means loss of life, personal injury and damage to property, and in relation to Scotland for the reference to the law of tort there shall be substituted a reference to the law of reparation.

If the injection of gas into, or the presence of gas in, an underground gas storage, or the escape of gas from an underground gas storage or the boreholes connected with an underground gas storage, pollutes any water or interferes with the flow of any water, or displaces any water located in or percolating through an underground stratum, and as a result any person is prevented from effectively exercising or enjoying a protected right (as defined in Chapter II of Part II of the Water Resources Act 1991 or within the meaning of that Chapter so far as it applies in relation to any application for a licence which is a licence of right for the purposes of Schedule 7 to the Water Resources Act 1991)) which was exercisable at the time when the storage authorisation order came into force, it shall be the duty of the public gas transporterconcerned to pay such compensation, or to take such other steps, as are specified in this section.

If the water obtainable in exercise of the protected right is polluted and it is reasonably practicable and economical to cleanse the amount of water which the users desire to obtain in exercise of that right, whether by means of apparatus permanently installed or by other means, then—

Where subsection (2) of this section does not apply, and the persons entitled to exercise the protected right are statutory water undertakers, the Environment Agency or the Natural Resources Body for Wales, the gas transporter shall, if the statutory water undertakers, the Environment Agency or the Natural Resources Body for Wales provide an alternative supply of water, pay to them the costs reasonably incurred by them in doing so: Provided that the public gas transportershall not be liable for those costs if and so far as they are attributable to the supply so provided being superior in quantity or quality to the supply which was being, or might have been, obtained in exercise of the protected right.

Where subsection (2) of this section does not apply, and the persons entitled to exercise the protected right are not statutory water undertakers, the Environment Agency or the Natural Resources Body for Wales, the gas transporter shall, at the request of those persons, and if it is reasonably practicable and economical so to do, provide without charge an alternative supply of water which is in quantity and quality equivalent to the supply which was being, or might have been, obtained in exercise of the protected right.

Where subsection (2), subsection (3) or subsection (4) of this section applies the public gas transportershall pay to the persons entitled to relief under those subsections—

Where subsections (2) to (5) of this section do not apply the public gas transporter shall pay compensation for the loss or damage suffered.

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

Any dispute between a public gas transporterand any other person as to whether or not it is reasonably practicable and economical to take such steps as are described in subsection (2) or subsection (4) of this section shall be referred to and determined by the Minister and the Minister concerned with water resources acting jointly. Before determining a dispute referred to them under this subsection, the said Ministers shall afford to the parties to the dispute an opportunity of being heard before a person appointed by the Ministers for the purpose, and shall, in determining the dispute, take the report of the hearing into consideration.

In this section references to a protected right which was exercisable at the time when the storage authorisation order came into force include references to a protected right deriving from a licence issued in substitution for a licence which was in force at that time.

It is hereby declared that statutory water undertakers, the Environment Agency, the Natural Resources Body for Wales or any other person may surrender any of the rights conferred by this section on such terms as may be agreed with the public gas transporter.

In the application of this section to Scotland—

If the injection of gas into, or the presence of gas in, an underground gas storage, or the escape of gas from an underground gas storage or the boreholes connected with an underground gas storage, pollutes any water or interferes with the flow of any water, or displaces any water located in or percolating through an underground stratum, and as a result any person is prevented from effectively exercising or enjoying a protected right (as defined in section 26 of the Water Resources Act 1963) which was exercisable at the time when the storage authorisation order came into force, it shall be the duty of the public gas transporter concerned to pay such compensation, or to take such other steps, as are specified in this section.

If the water obtainable in exercise of the protected right is polluted and it is reasonably practicable and economical to cleanse the amount of water which the users desire to obtain in exercise of that right, whether by means of apparatus permanently installed or by other means, then—

Where subsection (2) of this section does not apply, and the persons entitled to exercise the protected right are statutory water undertakers, the Environment Agency or the Natural Resources Body for Wales, the gas transporter shall, if the statutory water undertakers, the Environment Agency or the Natural Resources Body for Wales provide an alternative supply of water, pay to them the costs reasonably incurred by them in doing so: Provided that the public gas transporter shall not be liable for those costs if and so far as they are attributable to the supply so provided being superior in quantity or quality to the supply which was being, or might have been, obtained in exercise of the protected right.

Where subsection (2) of this section does not apply, and the persons entitled to exercise the protected right are not statutory water undertakers or a river authority, the public gas transporter shall, at the request of those persons, and if it is reasonably practicable and economical so to do, provide without charge an alternative supply of water which is in quantity and quality equivalent to the supply which was being, or might have been, obtained in exercise of the protected right.

Where subsection (2), subsection (3) or subsection (4) of this section applies the public gas transporter shall pay to the persons entitled to relief under those subsections—

Where subsections (2) to (5) of this section do not apply the public gas transporter shall pay compensation for the loss or damage suffered.

The provisions of this section shall be without prejudice to the liability of a public gas transporter in any criminal proceedings under Part XIV of Schedule 3 to the Water Act 1945 or any other enactment, but liabilities discharged by a public gas transporter under this section shall go towards mitigating any liability for damages in civil proceedings for the pollution of, or other interference with, the water supply which are not brought by virtue of this section.

Any dispute between a public gas transporter and any other person as to whether or not it is reasonably practicable and economical to take such steps as are described in subsection (2) or subsection (4) of this section shall be referred to and determined by the Minister and the Minister concerned with water resources acting jointly. Before determining a dispute referred to them under this subsection, the said Ministers shall afford to the parties to the dispute an opportunity of being heard before a person appointed by the Ministers for the purpose, and shall, in determining the dispute, take the report of the hearing into consideration.

In this section references to a protected right which was exercisable at the time when the storage authorisation order came into force include references to a protected right deriving from a licence issued in substitution for a licence which was in force at that time.

It is hereby declared that statutory water undertakers, the Environment Agency, the Natural Resources Body for Wales or any other person may surrender any of the rights conferred by this section on such terms as may be agreed with the public gas transporter.

In the application of this section to Scotland—

The Minister may, at any time, if he considers it necessary so to do in the interests of safety, by notice served on a public gas transporterimpose conditions concerning the manner in which the public gas transporterdevelops or operatesan underground gas storage; and the Minister may in particular impose—

The Minister may at any time, if he considers it necessary so to do in the interests of safety, by notice served on a public gas transporterrequire the public gas transporterto do all or any of the following things, that is,—

Any notice under this section shall take effect as from such date as the Minister may specify in the notice; and may at any time be varied or revoked by a subsequent notice under this section.

The public gas transporteron whom a notice is served under this section may at any time make representations to the Minister as to the date on which the notice is to take effect, or representations as to the variation or revocation of the notice; and the Minister shall take any such representations into account in deciding whether to exercise his powers of variation or revocation under this section.

If a public gas transporterfails to comply with a condition or requirement imposed in a notice under this section, the public gas transportershall be guilty of an offence under this Part of this Act and shall be liable—

In this section references to action necessary in the interests of safety include references to action necessary to protect water resources.

If— notice of the event, in such form and accompanied by such particulars as may be specified by the Minister, shall forthwith be given by the public gas transporter to the Minister; and a public gas transporter failing to comply with this subsection shall be guilty of an offence under this Part of this Act.

The Minister may, where he thinks it expedient so to do, direct an inquiry to be held into any event notice of which is to be given under the foregoing subsection, or any other event connected with the underground gas storage. The inquiry shall be held in public and in accordance with the provisions of Schedule 5 to this Act.

The Minister may, whether or not he proposes to hold an inquiry in public under the last foregoing subsection into any event connected with an underground gas storage, appoint one of his officers or some other competent person to investigate the event and to make a special report with respect to it, and the Minister may cause any such report to be made public at such time and in such manner as he thinks fit.

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

It shall be the duty of the public gas transporter to make arrangements— to be notified immediately on the occurrence of any such event; and the public gas transporter shall provide those authorities and bodies with such plans, maps and other information as they may reasonably require in order to enable him to carry out those duties. A public gas transporter failing to comply with this subsection shall be guilty of an offence under this Part of this Act.

A public gas transporterguilty of an offence under this Part of this Act by virtue of this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

If at any time it appears to the Minister necessary in the interest of safety that an underground gas storage should be discontinued, he may serve notice on the public gas transporterconcerned stating that he proposes to make an order requiring the storage to be taken out of operation. The public gas transportermay, within six weeks of the date of service of the notice, make representations to the Minister, and the Minister shall take the representations into account.

A public gas transportermay at any time apply to the Minister for an order requiring the storage to be taken out of operation.

The Minister shall include in an order under this section such provisions as appear to him necessary or expedient for the purpose of ensuring that the gas in the storage, and the stratum in which the gas is stored, do not become or remain a source of danger; and the Minister may, in particular, include among those provisions a requirement that the public gas transportershall withdraw, so far as may be practicable, all gas from the storage.

The public gas transportershall submit a report to the Minister setting out the steps taken to comply with the order.

Any requirement contained in an order under this section shall take effect as from such date as the Minister may specify in the order, and any such provision may at any time be varied or revoked by a subsequent order under this section.

The public gas transportermay at any time make representations to the Minister as to the date on which any requirement in the order is to take effect, or representations as to the variation or revocation of the requirement; and the Minister shall take any such representations into account in deciding whether to exercise his powers of making an order varying or revoking any such requirement.

At any time after the making of an order under this section the Minister may, if he considers that it is safe to do so, direct—

If a direction is given under the last foregoing subsection—

If a public gas transporterfailsto comply with an order under this section, the public gas transportershall be guilty of an offence under this Part of this Act and shall be liable—

In this section references to action necessary in the interests of safety include references to action necessary to protect water resources, and the expression “safe” shall be construed accordingly.

If— notice of the event, in such form and accompanied by such particulars as may be specified by the Minister, shall forthwith be given by the public gas transporter to the Minister; and a public gas transporter failing to comply with this subsection shall be guilty of an offence under this Part of this Act.

The Minister may, where he thinks it expedient so to do, direct an inquiry to be held into any event notice of which is to be given under the foregoing subsection, or any other event connected with the underground gas storage. The inquiry shall be held in public and in accordance with the provisions of Schedule 5 to this Act.

The Minister may, whether or not he proposes to hold an inquiry in public under the last foregoing subsection into any event connected with an underground gas storage, appoint one of his officers or some other competent person to investigate the event and to make a special report with respect to it, and the Minister may cause any such report to be made public at such time and in such manner as he thinks fit.

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

It shall be the duty of the public gas transporter to make arrangements— to be notified immediately on the occurrence of any such event; and the public gas transporter shall provide those authorities and bodies with such plans, maps and other information as they may reasonably require in order to enable him to carry out those duties. A public gas transporter failing to comply with this subsection shall be guilty of an offence under this Part of this Act.

A public gas transporter guilty of an offence under this Part of this Act by virtue of this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

The Minister may appoint as inspectors to assist him in the execution of this Part of this Act such number of persons appearing to him to be qualified for the purpose as he may from time to time consider necessary or expedient, and may make to or in respect of any person so appointed, such payments, by way of remuneration or allowances or otherwise, as the Minister may, with the approval of the Treasury, determine.

Any sums paid by the Minister under the foregoing subsection shall be paid out of moneys provided by Parliament.

Every public gas transporterto whom a storage authorisation order applies during any period shall pay to the Minister such proportion as the Minister may determine ofAny sums so paid by the Minister, and such part of any expenses incurred by him as he may, with the consent of the Treasury, determine to be incurred in connection with the exercise of his powers under subsection (1) of this section, and any sums received by the Minister under this subsection shall bepaid into the Exchequer. The reference in this subsection to the Minister’s expenses includes a reference to expenses incurred by any other government department in connection with the Department of Energy, and to such sums as the Treasury may determine in respect of the use for the purposes of that Department of Energyof any premises belonging to the Crown.

Any liability of a public gas transporter in respect of sums payable by himunder the last foregoing subsection on account of pensions shall, if the Minister so determines, be satisfied by way of contributions calculated, at such rate as may be determined by the Treasury, by reference to remuneration.

An inspector shall, for the purpose of the execution of this Part of this Act, have power (subject to production, if so requested, of written evidence of his authority), to do all or any of the following things that is,—

A person who— shall be guilty of an offence under this Part of this Act, and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Section 43(1)of the principal Act (punishment for false information given for purposes of Act) shall apply as if references in that subsection to any provision of that Act included references to any provision of this Part of this Act.

Section 43(2)of the principal Act (restriction on institution of prosecutions) shall apply as if the reference in that section to an offence under the said section 43(1)included a reference to an offence under any provision of this Part of this Act.

Where a body corporate is guilty of an offence under any provision of this Part of this Act and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or of any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. In this subsection, the expression “director”, in relation to . . . any other body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that . . . body corporate.

Without prejudice to the operation, as respects England and Wales, of section 8 of the accessories and Abettors Act 1861 and section 44 of the Magistrates’ Courts Act 1980, any person who aids, abets, counsels or procures the commission of an offence under this Part of this Act shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

If by virtue of either of the two last foregoing subsections an individual is guilty of an offence under section 16(5) or section 18(9) of this Act the individual shall be liable—

Section 46of the principal Act (service of notices) shall apply as if any reference in that section to the principal Act included a reference to this Part of this Act.

Section 46 of the Gas Act 1972(inquiries held by Minister) shall apply as if any reference in that section to that Actincluded a reference to this Part of this Act, and the provisions of that section shall apply to any public local inquiry held by the Minister in pursuance of this Part of this Act, other than an inquiry under Schedule 5 to this Act, as they apply to any inquiry held by the Minister under that section.

There shall be referred to and determined by the appropriate tribunal— but subject to the express provisions of this Part of this Act referring questions for the decision of any Ministers.

In relation to the determination of any question so referred to the appropriate tribunal the provisions of section 4 of the Land Compensation Act 1961 or, as the case may be, sections 9 and 11 of the Land Compensations (Scotland) Act 1963 (which relate to procedure and costs) shall apply, subject to any necessary modifications.

For the purposes of assessing any compensation under this Part of this Act in respect of depreciation of an interest in land the rules set out in section 5 of the said Act of 1961 or, as the case may be, section 2 of the said Act of 1963 (which are the rules applicable to compulsory purchases of land) shall, so far as applicable and subject to any necessary modifications, have effect as they have effect for the purposes of assessing compensation for the compulsory acquisition of an interest in land.

On the reference to the appropriate tribunal— the tribunal may admit evidence as to the effect which the introduction and use of underground gas storages in other parts of the United Kingdom or elsewhere have had on land values, so far as such evidence may tend to indicate, particularly in cases where direct evidence of the value of the land in question is scarce or non-existent, whether any, and if so how much, depreciation occurred at any given date.

Without prejudice to the generality of the principles on which compensation is to be assessed under this Part of this Act, account shall be taken in assessing compensation under this Part of this Act of the provisions of Chapter II of Part II of the Water Resources Act 1991, of the Water (Scotland) Act 1980, of the Spray Irrigation (Scotland) Act 1964, and of any other enactment restricting rights or powers of abstracting water.

Where compensation under the provisions of section 7, section 8 or section 9 of this Act is payable in respect of depreciation of the value of an interest in land and that interest is subject to a mortgage— and in relation to an interest in land in Scotland “mortgage” means a heritible security including a security constituted by ex facie absolute disposition or assignation, and “mortgagee” means the creditor in such a security.

Compensation payable under this Part of this Act in respect of an interest in land may, where under the Settled Land Act 1925 or any other enactment a limited owner can give a good discharge for the purchase money on a purchase of that interest, be paid to that person.

In the application of the last foregoing subsection to Scotland for any reference to a person being a limited owner under the Settled Land Act 1925 or any other enactment there shall be substituted a reference to a liferenter.

Land in which there is a Crown or Duchy interest may, with the consent of the appropriate authority, be included in a storage area or in a protective area.

Except with the approval of the Minister, no controlled operations shall be carried out in any land by a government department or, in land as respects which an appropriate authority, other than a government department, have given their consent under subsection (1) of this section, by that authority, but nothing in this section or in any other provision of this Part of this Act shall be taken as applying section 5 of this Act so as to bind the Crown.

In this section “Crown or Duchy interest” means an interest belonging to Her Majesty in right of the Crown or of the Duchy of Lancaster, or belonging to the Duchy of Cornwall, or belonging to a government department, or held in trust for Her Majesty for the purposes of a government department; and “the appropriate authority”— and if any question arises as to what authority is the appropriate authority in relation to any land, that question shall be referred to the Treasury, whose decision shall be final.

In subsection (3), “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.

There shall be referred to and determined by the appropriate tribunal— but subject to the express provisions of this Part of this Act referring questions for the decision of any Ministers.

In relation to the determination of any question so referred to the appropriate tribunal the provisions of section 4 of the Land Compensation Act 1961 or, as the case may be, sections 9 and 11 of the Land Compensations (Scotland) Act 1963 (which relate to procedure and costs) shall apply, subject to any necessary modifications.

For the purposes of assessing any compensation under this Part of this Act in respect of depreciation of an interest in land the rules set out in section 5 of the said Act of 1961 or, as the case may be, section 2 of the said Act of 1963 (which are the rules applicable to compulsory purchases of land) shall, so far as applicable and subject to any necessary modifications, have effect as they have effect for the purposes of assessing compensation for the compulsory acquisition of an interest in land.

On the reference to the appropriate tribunal— the tribunal may admit evidence as to the effect which the introduction and use of underground gas storages in other parts of the United Kingdom or elsewhere have had on land values, so far as such evidence may tend to indicate, particularly in cases where direct evidence of the value of the land in question is scarce or non-existent, whether any, and if so how much, depreciation occurred at any given date.

Without prejudice to the generality of the principles on which compensation is to be assessed under this Part of this Act, account shall be taken in assessing compensation under this Part of this Act of the provisions of the Water Resources Act 1963, of the Water (Scotland) Act 1980, of the Spray Irrigation (Scotland) Act 1964, and of any other enactment restricting rights or powers of abstracting water.

Where under this Part of this Act a document is required to be served on an owner of land, and the land is ecclesiastical property, a copy of the document shall be served on the Diocesan Board of Finance for the diocese in which the land is situated.

Any compensation payable under this Part of this Act to a person by virtue of his title to any interest in land shall, if the land is ecclesiastical property and if the interest is the fee simple in the land, be paid (where the fee simple is vested in any person other than the Diocesan Board of Finance for the diocese in which the land is situated) to it instead of to that person.

Any sums paid under the last foregoing subsection to the Diocesan Board of Finance for the diocese in which the land is situated with reference to any land shall, if the land is not consecrated, be applied by it for the purposes for which the proceeds of a sale by agreement of the fee simple in the land would be applicable under any enactment or Measure authorising such a sale or disposing of the proceeds of such a sale, and, if the land is consecrated, be applied by it as if the land had been sold under the Pastoral Measure 1983.

Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant, it shall be treated— as being vested in the Diocesan Board of Finance for the diocese in which the land is situated, and any notice to treat shall be served accordingly.

In this section the expression “ecclesiastical property” means land belonging to an ecclesiastical benefice of the Church of England, or being or forming part of a church subject to the jurisdiction of the bishop of any diocese of the Church of England or the site of a church so subject, or being or forming part of a burial ground so subject.

For the purposes of the Local Land Charges Act 1975, the public gas supplier concernedshall be treated as the originating authority as respects any matter which is a local land charge by virtue of this Part of this Act.

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

Any such matter shall be registered in the manner prescribed by rules made under the said section 15(6) of the Land Charges Act 1925 and the power conferred by that subsection shall be exercisable for giving effect to the provisions of this Part of this Act relating to registration in the register of local land charges.

References in this Part of this Act to the register of local land charges do not include references to the register of local land charges of any county council.

It shall be the duty of any person required to record any matter in the General Register of Sasines under this Part of this Act to include in the particulars to be recorded the names of the owners of and the addresses of all properties affected by that matter, and such information as the Keeper of the Registers of Scotland may require for the performance of his functions, and to notify the Keeper of any modification or discharge of entries relating to matters so recorded, and, in particular, it shall be the duty of the public gas transporter, for the purpose of enabling an entry under section 5(11) of this Act to be discharged, to give notice of any direction given under section 18(7).

In this Part of this Act, unless the context otherwise requires—

In this Part of this Act the expressions “protective area” and “storage area” have the meanings respectively assigned by section 5(1) of, and paragraph 1 of Schedule 2 to, this Act and, except where the context otherwise requires, any reference in this Part of this Act to a protective area or storage area includes all land and strata at all depths below the surface of the ground in the area.

For the purposes of this Part of this Act Monmouthshire shall be deemed to be in Wales and not in England.

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

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

Section 52 of the principal Act (which prohibits any new piped supply of gas except with the consent of the Area Board and in accordance with such conditions as may be attached to that consent) shall have effect subject to the following provisions of this section.

An Area Board shall give their consent under that section to the supply of gas if the supply is for such purposes as are mentioned in the next following subsection.

The said purposes are industrial purposes which do not consist of or include the use as a fuel of the gas which it is proposed to supply except in so far as the gas is required to provide heat or other energy required— and in determining whether any industrial purposes are as mentioned in this subsection the use of any gas derived, otherwise than as a by-product, from the gas which it is proposed to supply shall be treated as the use of that gas.

If any question arises whether the purposes for which gas is to be supplied are purposes mentioned in the last foregoing subsection, it shall be determined by the Minister.

Notwithstanding anything in subsection (1) of the said section 52, an Area Board shall not attach any conditions to their consent to a supply of gas for purposes so mentioned, except conditions requiring the supplier of the gas to provide, periodically or on request by the Board, information with respect to the type of gas supplied, the amount supplied and the use of the gas supplied; and any person aggrieved by any such condition may refer it to the Minister, who may confirm, vary or revoke it or impose instead some other condition which the Area Board could have imposed under this subsection.

The said section 52 shall not apply to natural gas gotten in Great Britain in pursuance of a licence under the Petroleum (Production) Act 1934.

It is hereby declared that in section 1(4) and section 2(5) of the principal Act (which enable Area Boards and the Gas Council to do anything which in their opinion is calculated to facilitate the exercise or performance of any functions conferred or imposed on them by any enactment) the reference to any enactment includes a reference to an enactment in this Act or in any other Act passed after the principal Act.

References in this Act to powers conferred on the Gas Council by any provision of this Act are references to the powers conferred by that provision as extended by the said section 2(5) of the principal Act.

Any additional sums which, in consequence of the provisions of this Act, may be required to be issued out of the consolidated fund, or paid into the Exchequer, or raised by the Treasury, under section 2 of the Electricity and Gas Act 1963 (Exchequer advances to nationalised industries) or section 45 of the principal Act (Treasury guarantees) shall be charged on and issued out of the consolidated fund, or paid into the Exchequer, or may be raised by the Treasury, as the case may be.

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

This act may be cited as the Gas Act 1965.

In this Act “the principal Act” means the Gas Act 1986, “ public gas transporter” has the same meaning as in Part I ofthat Act and “the Minister” means the Secretary of State.

Except in so far as the context otherwise requires, any reference in this Act to any enactment shall be construed as a reference to that enactment as amended by or under any other enactment, including this Act.

This Act shall not extend to Northern Ireland.

Part I and this Part of this Act shall come into force on the passing of this Act, and Part II of this Act shall come into force on such date as the Minister may by order in a statutory instrument appoint, and different dates may be appointed under this subsection for different provisions of that Part or for different purposes.