Gas Act 1965

• (5) 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).

Interpretation of Part II.

28

• (1) In this Part of this Act, unless the context otherwise requires—

• “the appropriate tribunal” means—in relation to England and Wales, the Upper Tribunal;in relation to Scotland, the Lands Tribunal for Scotland;

• “compulsory purchase order” means an order confirmed under Schedule 1 to the Acquisition of Land (Authorisation Procedure) Act 1946 or under Schedule 1 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

• “controlled operations” has the meaning given by section 5 of this Act;

• . . .

• “danger” means danger of bodily harm or injury or danger to property, and “safe” and “safety” shall be construed accordingly;

• “fire and rescue authority” means a fire and rescue authority under the Fire and Rescue Services Act 2004;

• ...

• . . .

• “Gazette” means, in relation to land in England and Wales, the London Gazette and, in relation to land in Scotland, the Edinburgh Gazette;

• “large-scale map” means a map drawn on a scale not less than 1 in 10,560;

• “limits of supply”, . . . in Scotland in relation to Scottish Water, has the meaning assigned to it by section 109(1) of the Water (Scotland) Act 1980;

• “local authority” means, in England . . ., the council of a county or district, the council of a London borough and the common council of the City of London, in Wales, the council of a county or county borough and, in Scotland a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

• “local planning authority” in England and Wales has the meaning assigned to it by section 336(1) of the Town and Country Planning Act 1990, . . . and, in Scotland, the meaning assigned to it by section 277(1) of the Town and Country Planning (Scotland) Act 1997;

• . . .

• “Minister concerned with water resources” means—in relation to England and Wales, the Secretary of State;in relation to land in Scotland, the Secretary of State for Scotland;

• “natural gas” means any gas derived from natural strata (including gas orginating outside the United Kingdom);

• “owner”, in relation to any land other than land in Scotland, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion and, in relation to any land in Scotland,—unless the land is held on a long lease, means ... the owner of the land;if the land is held on a long lease, means the lessee under that lease;

• and, for the purposes of this definition, “long lease” means a lease which has been, or is capable of being, registered in the Land Register of Scotland or recorded in the General Register of Sasines under the Registration of Leases (Scotland) Act 1857;

• “planning Minister” means, in relation to England, the Secretary of State and, in relation to Scotland or Wales, the Secretary of State;

• “planning permission” means permission under Part III of the Town and Country Planning Act 1990 (other than sections 88 and 89) or, in relation to England, Part 13 of that Act or under Part III of the Town and Country Planning (Scotland) Act 1997 (other than sections 55 and 56);

• “river authority” means a river authority established under Part II of the Water Resources Act 1963, the Conservators of the River Thames, the Lee Conservancy Catchment Board and the Isle of Wight River and Water Authority; and for the purposes of this Part of this Act the area of the Conservators of the River Thames shall be the Thames Catchment Area and the London excluded area (as defined in section 125(5) of the Water Resources Act 1963), and the area of the Lee Conservancy Catchment Board shall be the Lee Catchment Area;

• . . .

• “statutory licence to abstract water”, in relation to England and Wales, means a licence under Part IV of the Water Resources Act 1963 and in relation to Scotland means a statutory right to take water;

• “statutory right to take water” means a right to take water conferred by an order under section 17 of the Water (Scotland) Act 1980 or by a provisional order having effect in Scotland;

• “statutory undertakers” means persons authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal inland navigation, dock, harbour, pier or lighthouse undertaking, or any undertaking for the supply of . . . , . . . hydraulic power or water;

• “statutory water undertakers” means any water undertaker

• “storage authorisation order” means an order under section 4 of this Act;

• “underground gas storage” means a storage of gas in a stratum below the surface of the ground in accordance with a storage authorisation order or, if the context so requires, the stratum where gas is so stored.

• (2) 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.

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

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III — General

Modification of section 52 of principal Act.

29

General powers of gas authorities.

30

• (1) 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.

• (2) 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.

Financial provisions.

31

• (1) 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.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Short title, interpretation, extent and commencement.

32

• (1) This act may be cited as the Gas Act 1965.

• (2) 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.

• (3) 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.

• (4) This Act shall not extend to Northern Ireland.

• (5) 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.

SCHEDULE 1

Effect of provisions as to functions of Gas Council.

1

In section 2(6) of the principal Act the references to the preceding provisions of that section shall include references to section 1 of this Act.

Training and education.

2

• (1) Section 4(1) of the principal Act shall apply to the Gas Council as it applies to an Area Board.

• (2) In section 4(2) of the principal Act, for the words from " and the Council" to the end of the subsection there shall be substituted the words " and the Council shall from time to time prepare programmes showing the provision to be made by the Council under that subsection " ; and at the end of the said section 4(2) there shall be added the following subsection—

(3) The Gas Council shall co-ordinate the programmes submitted to and prepared by them under the last preceding subsection and settle from time to time in consultation with the Minister a general programme with respect to the provision to be made by the Area Boards and the Council under subsection (1) of this section, and the Area Boards and the Council shall give effect to the programme so settled.

Regulations with respect to appointment of additional members of Gas Council.

3

In section 5(8)(a) of the principal Act the reference to the Chairman and Deputy Chairman of the Gas Council shall include a reference to any member of that Council appointed under section 2 of this Act.

Gas Council to be authorised to purchase land compulsorily.

4

Section 11 of the principal Act (under which an Area Board may be authorised to purchase land or rights over land compulsorily) shall apply in relation to the Gas Council as it applies in relation to an Area Board.

Financial provisions.

5

In section 46(2) of the principal Act (duty of Gas Council to contribute to central guarantee fund in any financial year in which they are required to make any payments in connection with money borrowed by them for certain purposes) references to the provision of money for the manufacture of plant, gas fittings or coke fittings by the Gas Council shall include references to the exercise by the Gas Council of any of their powers conferred by this Act.

6

In section 47(1) of the principal Act (duty of Gas Council to establish and maintain a general reserve fund if and so long as they exercise their powers to manufacture plant, gas fittings or coke fittings), references to those powers shall include references to the Council's powers under this Act, and in proviso (a) to section 47(2) of the principal Act references to purposes connected with the manufacture of such plant or fittings shall include references to purposes connected with the Council's powers under this Act.

7

Section 48(1) of the principal Act (Area Boards' contributions to Council's expenses) shall not apply in relation to expenses of the Gas Council incurred in the exercise of powers under this Act.

Supply of gas by persons other than Area Boards.

8

The manufacture of gas by the Gas Council shall not be taken into account for the purposes of section 52 of the principal Act so as to include the Gas Council in references in that section to persons engaged in the manufacture of gas.

Standards of gas quality.

9

Section 55 of the principal Act shall apply as if references to an Area Board included references to the Gas Council, but as if when so applied references to the declared calorific value of gas were references to any calorific value of gas agreed between the Council and the person to whom the gas is supplied.

Provisions relating to gas supply.

10

• (1) The following enactments, that is—

• (a) Schedule 3 to the principal Act, and

• (b) the Rights of Entry (Gas and Electricity Boards) Act 1954,

shall apply in relation to the Gas Council as they apply to an Area Board, but the said Schedule shall so apply subject to the following modifications.

• (2) In paragraph 1(1)—

• (a) for the words from "within their area" to "in bulk from any person " there shall be substituted the words " for the purposes of the exercise or performance of any of their functions " , and

• (b) for the words from " for supplying gas in their area " to " as aforesaid " there shall be substituted the words " for the purposes of the exercise or performance of any of their functions ".

• (3) The whole of paragraph 1(2), and the words "in their area" in the proviso to paragraph 1(3), shall be omitted.

• (4) In paragraph 7 the words "within their area" shall be omitted.

• (5) Paragraphs 8 to 12 (obligation to supply gas) and paragraphs 17 to 21 (street lamps, etc.) shall be omitted.

Natural gas.

11

• (1) For the proviso to section 4 of the Petroleum (Production) Act 1934 (under which, as amended by section 56(3) of the principal Act, natural gas obtained in pursuance of a licence under that Act must be offered to the local Area Board) there shall be substituted the following proviso—

Provided that the Minister of Power shall not give his authority unless he is satisfied that the Gas Council and the Area Board in whose area the premises are situated, have been given an opportunity of purchasing the gas at a reasonable price, and that the gas is to be supplied to those premises for industrial purposes only.

• (2) In section 9(3) of the Continental Shelf Act 1964 (which makes corresponding provision as respects licences under the said Act of 1934 as applied by section 1(3) of the said Act of 1964) for the words " the Area Board in whose area the premises are situated has " there shall be substituted the words " the Gas Council and the Area Board in whose area the premises are situated have " , and the said section 9 shall not affect the supply of gas by or to the Gas Council.

SCHEDULE 2

Part I — Form of Order

1

• (1) A storage authorisation order—

• (a) shall state the name of the public gas supplierin whose favour it is made,

• (b) shall specify by reference to a large-scale map attached to the order the extent and location of the stratum within which gas is to be stored, and the surface perimeter of the area within which gas may be stored, and

• (c) shall state the nature of the gas authorised to be stored.

• (2) In this Part of this Act the area within the said surface perimeter specified in the order is referred to as “storage area”.

2

The storage authorisation order shall also specify by reference to a large-scale map the perimeter of any protective area to be created by the order for the purposes of section 5 of this Act, and shall for the whole of the storage area, and for the whole of any protective area, specify the depth or depths below which the Minister’s control under that section is exercisable.

Part II — Procedure for making Orders

Preliminary submission of proposals

3

• (1) The applicantshall before making the application formally in accordance with paragraph 6 of this Schedule submit his proposalsin writing to the Minister.

• (2) The written proposals shall include the name and address of the applicantand shall—

• (a) specify by reference to a large-scale map the perimeter of the storage area and of any protective area,

• (b) state the depth or depths below which it is proposed that the Minister’s control over workings and borings is to have effect in the various parts of the storage and protective areas,

• (c) state the nature and volume of the gas which it is proposed to store, and the depths and nature of the stratum in which it is to be stored, and of the strata contiguous to that stratum,

• (d) include information as to the proposed method of operating the storage, including the methods of injecting and withdrawing gas, and

• (e) state what exploratory work has been carried out to prove the proposed storage, and the results obtained from the work.

• (3) The Minister may require the applicantto furnish further information in writing concerning his proposals.

4

• (1) The applicantshall publish in two successive weeks in the Gazette, and in one or more local newspapers circulating in the locality of the storage area, a notice of the submission of the proposals to the Minister, naming a place in the locality where copies of the proposals, and of the accompanying map, can be inspected, describing the surface area of the storage and protective areas, and stating the nature and volume of gas proposed to be stored and the minimum depth below the surface of the ground of the stratum in which it is to be stored.

• (2) The applicantshall serve a notice containing all the particulars in the notice published under the foregoing provisions of this paragraph, and such further information as the Minister may direct,—

• (a) on every local planning authority, every local authority who are not a local planning authority and everyriver authority withinauthority and every local authority who are not a local planning authority, being, in either case, an authority within whose area any part of the storage area or protective area lies, and

• (b) on all statutory water undertakers within whose limits of supplyarea any part of the storage area or protective area lies, or who are holders of a statutory licence to abstract water within either of those areas, and

• (bb) on the Environment Agency if any part of the storage area or protective area is in England, and on the Natural Resources Body for Wales if any part of either of those areas is in Wales, and

• (c) on such other bodies or individuals as the Minister may direct.

5

• (1) The Minister, after taking the proposals into consideration, may refuse to allow the applicantto proceed with the proposals, or may allow the applicantto proceed with the proposals in a formal application under the following provisions of this Schedule, with or without any modifications specified by the Minister.

• (2) Any such modifications shall not vary the storage area so as to include any area which was not so included in the applicant’sproposals submitted to the Minister.

• (3) The Minister shall inform the applicantof his decision under this paragraph, and if the decision is to refuse to allow the applicantto proceed with the proposals, the Minister shall at the request in writing of the applicantfurnish a written statement of the reasons for his decision.

Formal application for order

6

• (1) The application shall be in writing and shall include—

• (a) a specification of the surface works, boreholes and pipes associated with the storage, and any limits of deviation that may be required in their construction, and

• (b) a large-scale map showing the perimeters of the storage area and of any protective area and the intended positions of surface works, boreholes and pipes, so far as those are known, and any limits of deviation that may be required in siting them, and

• (c) sufficient particulars of any additional surface works which will be or are likely to be required, but the position of which cannot be determined at the time when the application is made, and

• (d) a statement of the depth or depths below which it is proposed that the Minister’s control over workings and borings is to have effect in the various parts of the storage and protective areas, and

• (e) particulars of the nature and volume of the gas which it is proposed to store and the depths and nature of the stratum in which it is to be stored and the strata contiguous to that stratum.

• (2) The Minister may require the applicantto furnish further information in writing concerning his application.

7

• (1) The applicantshall publish in two successive weeks in the Gazette, and in one or more local newspapers circulating in the locality of the storage area, a notice of his applicationnaming a place in that locality where copies of the application and of the accompanying map, may be inspected, describing the surface area of the storage and protective areas, and stating the nature and volume of gas proposed to be stored and the minimum depth below the surface of the ground of the stratum in which it is to be stored.

• (2) The notice shall state the time, being not less than twenty-eight days from the date of first publication of the notice, within which objections to the application may be made to the Minister.

• (3) The applicantshall serve a notice containing all the particulars in the notice published under this paragraph—

• (a) on every local planning authority, every local authority who are not a local planning authority and every river authority withinauthority and every local authority who are not a local planning authority, being, in either case, an authority within whose area any part of the storage area or protective area lies, and

• (b) on all statutory water undertakers within whose limits of supplyarea any part of the storage area or protective area lies or who are holders of a statutory licence to abstract water within either of those areas, and

• (bb) on the Environment Agency if any part of the storage area or protective area is in England, and on the Natural Resources Body for Wales if any part of either of those areas is in Wales, and

• (c) on every highway authority who are not a local authority and who are responsible for any part of a highway within the storage area or protective area, and

• (d) on every owner, lessee and occupier (except tenants for a month or any period less than a month) of any land within the storage area or within the protective area, and

on every person who falls within sub-paragraph (3A), and

• (e) on such other bodies or individuals as the Minister may direct,

stating that representations by any of those persons may be made to the Minister within twenty-eight days of the date on which the notice is served.

• (3A) A person falls within this sub-paragraph if he is—

• (a) an owner, lessee, tenant (whatever the tenancy period) or occupier of any land within the storage area or within the protective area;

• (b) a person to whom the applicant would, if it were proceeding to purchase that land under section 5(1) of the Compulsory Purchase Act 1965, be required to give notice to treat, or

• (c) a person who the applicant thinks would be likely to be entitled to make a claim for compensation under section 10 of that Act if that land were purchased under a compulsory purchase order, so far as he is known to the applicant after making diligent inquiry.

• (4) The applicant shall inform the Minister of the dates on which the notices were published or served under this paragraph.

• (5) A notice under this paragraph shall require any person objecting to the application to state the grounds of his objections.

8

• (1) Subject to this paragraph, if an objection to the application is duly made by any person on whom a notice was required to be served under paragraph 7(3) of this Schedule and the objection has not been withdrawn the Minister shall not grant the application unless he has caused a public local inquiry to be held and, without prejudice to section 46 of the Gas Act 1972as applied by section 22 of this Act, the Minister may if he thinks fit hold a public local inquiry in any other case.

• (2) The Minister may disregard an objection for the purposes of the foregoing sub-paragraph—

• (a) if, in accordance with a request in writing from the objector disclaiming the right to a public local inquiry, the Minister has afforded the objector an opportunity of appearing before and being heard by a person appointed by the Minister for the purpose, or

• (b) if the objection is, in the opinion of the Minister, trivial or frivolous or can be disposed of under the next following sub-paragraph.

• (3) The Minister may disregard the objection for the purposes of sub-paragraph (1) of this paragraph if he is satisfied that the objection relates exclusively to matters which can be dealt with by the appropriate tribunal on a claim for compensation.

• (4) If any objector avails himself of the opportunity of being heard by a person appointed by the Minister for the purpose, the Minister shall afford to the applicant, and to any other person to whom it appears to the Minister expedient to afford it, an opportunity of being heard on the same occasion.

• (5) In this paragraph “public local inquiry” means an inquiry held under section 46 of the Gas Act 1972.

9

• (1) The applicantshall at the time of making his applicationinform the Minister of the extent to which he has been, or expectsto be, able to acquire by negotiation the land and rights which he mustpossess in order to develop and operate the underground gas storage.

• (2) If the Minister, after consultation with the applicant, is satisfied that a compulsory purchase order will be required to put the applicantin possession of any such land or right he may, if he thinks fit, give notice to the applicantthat he will not proceed with the application until the applicanthasmade such a compulsory purchase order and hasapplied to the Minister for the confirmation of the order, and that he will then proceed concurrently with respect to the application under this Schedule and with respect to the application for confirmation of the compulsory purchase order.

• (3) Where the Minister gives notice to the applicantunder the last foregoing sub-paragraph, he shall give a like notice to every person on whom a notice was served under paragraph 7(3) of this Schedule and who has duly made an objection to the application which has not been withdrawn.

• (4) Where the Minister has given notice to the applicantunder sub-paragraph (2) of this pargraph he shall not (unless he otherwise determines) be required to proceed with the application under this Schedule except in accordance with the notice and the Minister may at any stage decline to proceed with the application if the compulsory purchase order is withdrawn or cannot be proceeded with.

Making of order

10

• (1) Subject to the foregoing provisions of this Schedule, the Minister shall after the expiry of the period for making objections to the application, take the application into consideration together with the report of any public local inquiry or hearing of objections, and shall determine whether to refuse the application or to make a storage authorisation order.

• (2) Before making a storage authorisation order the Minister shall take reasonable steps to satisfy himself that all the proper notices have been published or served under paragraph 7 of this Schedule.

• (3) The Minister may make a storage authorisation order either in accordance with the terms of the application or, subject to the provisions of paragraph 12 of this Schedule, with any modifications so, however, that any such modifications shall not vary the storage area so as to include any area which was not included in the storage area in the application made to the Minister.

• (4) If an objection to the application was duly made by a person on whom notice of the application is to be served under sub-paragraph (a), (b) or (c) of paragraph 7(3) of this Schedule, and the objection has not been withdrawn, the Minister shall serve notice on that person of the making of the order, and the order shall be framed so as not to have effect earlier than twenty-eight days after the date of service of the notice.

• (5) If within the said twenty-eight days any of the persons on whom the notice is to be served under the last foregoing sub-paragraph gives notice in writing to the Minister objecting to the order, and the objection is not withdrawn, the order shall be subject to special parliamentary procedure.

• (6) As soon as practicable after the order is made the applicantshall publish in the Gazette, and in one or more local newspapers circulating in the locality of the storage area, a notice stating that the order has been made, and describing the land to which it relates.

• (7) The applicantshall also serve a notice containing all the particulars in the notice so published on every person on whom they were required to serve a notice under paragraph 7(3) of this Schedule, and shall deposit with every local authority within whose area any part of the storage area or of the protective area lies, a copy of the order and its accompanying map; and the said copy and the map shall be preserved in an office of each of those local authorities and shall be available for inspection by the public at all reasonable times free of charge.

11

Part IV of Schedule 1 to the Acquisition of Land (Authorisation Procedure) Act 1946 (which relates to the validity and date of operation of compulsory purchase orders) shall with the necessary modifications (and, in particular, with the substitution for references to that Act and that Schedule, other than references to particular provisions of that Act or Schedule, of references to this Part of this Act and this Schedule) apply in relation to storage authorisation orders as it applies in relation to compulsory purchase orders.

Making of order which enlarges the protective area

12

• (1) Before making a storage authorisation order with any modifications which vary the protective area so as to include any additional land which was not included in either the protective area or the storage area in the application made to the Minister, the Minister shall ensure that—

• (a) every local planning authority, every local authority who are not a local planning authority and every river authority withinauthority and every local authority who are not a local planning authority, being, in either case, an authority within whose area any part of the additional land is situated, and

• (b) all statutory water undertakers within whose limits of supplyarea any part of the additional land lies, or who are holders of a statutory licence to abstract water in an area which includes any part of the additional land, and

• (bb) on the Environment Agency if any part of the additional land is in England, and on the Natural Resources Body for Wales if any part of that land is in Wales, and

• (c) every highway authority who are not a local authority and who are responsible for any part of a highway within the additional land, and

• (d) every owner, lessee and occupier (except tenants for a month or any period of less than a month) of any part of the additional land,

every person who falls within sub-paragraph (1A),

have been served with a notice of the proposal giving particulars of the additional land and stating that objections by any of those persons may be made to the Minister within twenty-eight days of the date on which the notice is served.

• (1A) A person falls within this sub-paragraph if he is—

• (a) an owner, lessee, tenant (whatever the tenancy period) or occupier of any part of the additional land;

• (b) a person to whom the applicant would, if it were proceeding to purchase that land under section 5(1) of the Compulsory Purchase Act 1965, be required to give notice to treat, or

• (c) a person who the applicant thinks would be likely to be entitled to make a claim for compensation under section 10 of that Act if any such part were purchased under a compulsory purchase order, so far as he is known to the applicant after making diligent inquiry.

• (2) Subject to this paragraph, if an objection to the modification of the order is duly made by any person on whom the notice is to be served under this paragraph and the objection has not been withdrawn the Minister shall not make the order unless he has caused a public local inquiry to be held.

• (3) The Minister may disregard an objection for the purposes of this paragraph—

• (a) if, in accordance with a request in writing from the objector disclaiming the right to a public local inquiry, the Minister has afforded the objector an opportunity of appearing before and being heard by a person appointed by the Minister for the purpose, or

• (b) if the Minister is satisfied that at a public local inquiry held as respects the application for the order the question of the inclusion of the relevant part of the additional land was in issue and that there was sufficient opportunity for making representations on that question, or

• (c) if the objection is, in the opinion of the Minister, trivial or frivolous or can be disposed of under the next following sub-paragraph.

• (4) The Minister may require an objector to state in writing the grounds of his objection, and may disregard the objection for the purposes of this paragraph if he is satisfied that the objection relates exclusively to matters which can be dealt with by the appropriate tribunal on a claim for compensation.

• (5) If any objector avails himself of the opportunity of being heard by a person appointed by the Minister for the purpose, the Minister shall afford to the applicantfor the order, and to any other person to whom it appears to the Minister expedient to afford it, an opportunity of being heard on the same occasion.

• (6) If an objection was duly made by a person on whom a notice is to be served under paragraph (a) or paragraph (b) or paragraph (bb) or paragraph (c) of sub-paragraph (1) of this paragraph and the objection has not been withdrawn, the Minister shall, if the order is made so as to include additional land to which the objection relates, serve notice on that person of the making of the order, and the order shall be framed so as not to take effect earlier than twenty-eight days after the date of service of the notice.

• (7) If within the said twenty-eight days any of the persons on whom the notice is to be served under the last foregoing sub-paragraph gives notice in writing to the Minister objecting to the order, and the objection is not withdrawn, the order shall be subject to special parliamentary procedure.

• (8) In this paragraph “public local inquiry” means an inquiry held under section 46 of the Gas Act 1972.

Approval for planning purposes of works associated with storage

13

• (1) The application under paragraph 6 of this Schedule may contain a request for the Minister to include in the storage authorisation order an approval for the purposes of section 4(6) of this Act of any of the surface works, boreholes or pipes associated with the storage the intended positions of which are shown in the map accompanying the application, and in that case every notice under paragraph 7 of this Schedule shall state that the application contains such a request.

• (2) The Minister may as respects all or any of the works for which such a request is made include in the storage authorisation order his approval of those works for the purposes of section 4(6) of this Act, subject to any limits of deviation specified in the order.

Part III — Cases where Procedure under Part II need not be followed

Orders transferring functions from one gas authority to another.

14

• (1) Part II of this Schedule shall not apply to an order which varies a storage authorisation order and the sole purpose of which is the transfer of the benefit of, or functions under, the storage authorisation order from one public gas supplierto another, or to make any other change in the public gas transportershaving the benefit of, or exercising functions under, the storage authorisation order.

• (2) The public gas supplierin whose favour any such order is made shall, within three weeks of the date when responsibility for the underground gas storage to which the order relates is transferred in pursuance of the order, serve notice of the transfer—

• (a) on the Minister,

• (b) on every local planning authority, local authority and river authority within whose area any part of the storage area or of the protective area lies,

• (c) on all statutory water undertakers within whose limits of supply any part of the storage area or of the protective area lies, or who are the holders of a statutory licence to abstract water within either of those areas, and

• (d) on every owner, lessee and occupier (except tenants for a month or any period less than a month) of any land within the storage area or within the protective area.

on every person who falls within sub-paragraph (3),

• (3) A person falls within this sub-paragraph if he is—

• (a) an owner, lessee, tenant (whatever the tenancy period) or occupier of any land within the storage area or within the protective area;

• (b) a person to whom the applicant would, if it were proceeding to purchase that land under section 5(1) of the Compulsory Purchase Act 1965, be required to give notice to treat, or

• (c) a person who the applicant thinks would be likely to be entitled to make a claim for compensation under section 10 of that Act if that land were purchased under a compulsory purchase order, so far as he is known to the applicant after making diligent inquiry.

Orders varying nature of gas stored

15

Part II of this Schedule shall not apply to an order which varies a storage authorisation order and the sole purpose of which is to vary the provisions of the storage authorisation order as to the nature of the gas which may be stored in the gas storage area.

16

• (1) If any such order is an order the effect of which is to authorise the storage of gas of a nature which would not be authorised apart from that order, the procedure for making the order shall be that prescribed in the following provisions of this paragraph.

• (2) The public gas suppliermay apply to the Minister to make the order after serving notice of their application—

• (a) on every local planning authority, every local authority who are not a local planning authority and every river authority withinauthority and every local authority who are not a local planning authority, being, in either case, an authority within whose area any part of the storage area or of the protective area lies,

• (b) on all statutory water undertakers within whose limits of supplyarea any part of the storage area or the protective area lies, or who are the holders of a statutory licence to abstract water within either of those areas, and

• (bb) on the Environment Agency if any part of the storage area or protective area is in England, and on the Natural Resources Body for Wales if any part of either of those areas is in Wales, and

• (c) on every owner, lessee and occupier (except tenants for a month or any period less than a month) of any land within the storage area or within the protective area,

on every person who falls within sub-paragraph (2A)

stating that representations by any of those persons may be made to the Minister within twenty-eight days of the date on which the notice is served.

• (2A) A person falls within this sub-paragraph if he is—

• (a) an owner, lessee, tenant (whatever the tenancy period) or occupier of any land within the storage area or within the protective area;

• (b) a person to whom the applicant would, if it were proceeding to purchase that land under section 5(1) of the Compulsory Purchase Act 1965, be required to give notice to treat; or

• (c) a person who the applicant thinks would be likely to be entitled to make a claim for compensation under section 10 of that Act if that land were purchased under a compulsory purchase order, so far as he is known to the applicant after making diligent inquiry.

• (3) The applicantshall inform the Minister of the dates of service of notice under this paragraph.

• (4) The Minister shall take into consideration the application and all representations with respect to the application which are duly made within the period specified in the notices and may, if he thinks fit, and if he is satisfied that the proper notices have been served under the foregoing provisions of this paragraph, make the order applied for.

• (5) If the order is made, the public gas suppliershall serve a copy of the order on every person on whom notice of the application is required to be served under this paragraph.

Part IV — General Application of Schedule to Scotland

17

In the application of this Schedule to Scotland—

• (a) for any reference to a river authority and to statutory water undertakers there shall be substituted respectively references to the Scottish Environment Protection Agency and to Scottish Water ;

• (b) for any reference to Part IV of Schedule 1 to the Acquisition of Land (Authorisation Procedure) Act 1946 there shall be substituted a reference to Part IV of Schedule 1 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947.

SCHEDULE 3

Certificates as respects planning permission

1

• (1) At any time after an application has been made for the consent of the Secretary of State to the carrying out of any controlled operations for which planning permission is required but has not been granted any person concerned may apply to the local planning authority for a certificate under this Schedule as respects those controlled operations.

• (2) Where such an application is made the local planning authority shall issue to the applicant a certificate stating that planning permission for the carrying out of the controlled operations could, or could not, reasonably have been expected to have been granted if the land had not been comprised in the storage area or protective area.

• (3) Where, in the opinion of the local planning authority, planning permission might reasonably have been expected to be granted but would only have been granted subject to conditions, the certificate shall specify those conditions in addition to the other matters required to be contained in the certificate.

• (4) On issuing the certificate, the local planning authority shall serve a copy of the certificate on the public gas supplier.

2

• (1) Where the local planning authority have issued a certificate under this Schedule, the applicant for the certificate or the public gas supplier may appeal to the planning Minister against the certificate.

• (2) On the appeal the planning Minister shall consider the matters to which the certificate relates as if the application for the certificate had been made to him in the first instance, and shall either confirm the certificate, or vary it, or cancel it and issue a different certificate in its place, as he may consider appropriate.

• (3) Before determining any such appeal the planning Minister shall, if the applicant or the public gas supplier so desires, afford to them and to the local planning authority an opportunity of appearing before and being heard by a person appointed by that Minister for the purpose.

• (4) Where an application is made to a local planning authority for a certificate under this Schedule, and at the expiry of the time prescribed by regulations made under this Schedule for the issue of the certificate (or, if an extended period is at any time agreed upon in writing by the applicant and the local planning authority, at the end of that period) no certificate has been issued by the local planning authority in accordance with this Schedule, the foregoing provisions of this paragraph shall apply as if the local planning authority had issued a certificate under this Schedule stating that planning permission for the carrying out of the controlled operations could not reasonably have been expected to have been granted.

3

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

Certificates as respects statutory licences to abstract water

4

• (1) At any time after an application has been made for the consent of the Secretary of State to the carrying out of any controlled operations for which a statutory licence to abstract water is required but has not been granted any person concerned may apply to the appropriate agency for a certificate under this Schedule as respects those controlled operations.

• (2) Where such an application is made, the appropriate agency shall issue to the applicant a certificate stating that the statutory licence to abstract water required for the carrying out of the controlled operations could, or could not, reasonably have been expected to have been granted if the land had not been comprised in the storage area or protective area.

• (3) Where, in the opinion of the appropriate agency, a statutory licence to abstract water might reasonably have been expected to be granted but would only have been granted subject to conditions, limitations or restrictions, the certificate shall specify those conditions, limitations or restrictions in addition to the other matters required to be contained in the certificate.

• (4) On issuing the certificate, the appropriate agency shall serve a copy of the certificate on the gas authority.

5

• (1) Where the appropriate agency has issued a certificate under this Schedule, the applicant for the certificate or the gas authority may appeal to the Minister concerned with water resources against the certificate.

• (2) On the appeal the said Minister shall consider the matters to which the certificate relates as if the application for the certificate had been made to him in the first instance, and shall either confirm the certificate, or vary it, or cancel it and issue a different certificate in its place, as he may consider appropriate.

• (3) Before determining any such appeal the said Minister shall, if the applicant or the public gas supplier so desires, afford to them and to the appropriate agency an opportunity of appearing before and being heard by a person appointed by that Minister for the purpose.

• (4) Where an application is made to the appropriate agency for a certificate under this Schedule and at the expiry of any period prescribed by regulations under this Schedule (or if an extended period is at any time agreed upon in writing by the applicant and the appropriate agency, at the end of that period) no certificate has been issued by the appropriate agency in accordance with this Schedule, the foregoing provisions of this paragraph shall apply as if the appropriate agency had issued a certificate under this Schedule stating that the statutory licence to abstract water required for the carrying out of the controlled operations could not reasonably have been expected to be granted.

6

In entertaining an application under paragraph 4 of this Schedule, or any appeal under paragraph 5 of this Schedule, the appropriate agency or as the case may be the minister concerned with water resources shall, in coming to a decision, apply the principles which would have been applied if the application or the appeal had been an application for a licence under Part IV of the Water Resources Act 1963, or an appeal against a refusal of such a licence, as the case may be.

Procedure on application for certificate

7

• (1) The Secretary of Stateand the planning Minister acting jointly may by regulations contained in a statutory instrument prescribe the manner in which applications are to be made for certificates under this Schedule, and any such regulations may contain such supplemental or incidental provisions as appear to those Ministers to be expedient.

• (2) The regulations may in particular apply with or without modification any of the provisions of a development order under the Town and Country Planning Act 1990 or under the Town and Country Planning (Scotland) Act 1997or of regulations made under the Water Resources Act 1963.

Interpretation

8

References in this Schedule to cases of controlled operations for which planning permission or a statutory licence to abstract water is required but has not been granted are references to cases where the planning permission or, as the case may be, the statutory licence to abstract water has not been granted, or has not been granted in the form required for the carrying out of the controlled operations.

9

In the application of this Schedule to Scotland—

• (a) for any reference to section 120 of the Town and Country Planning Act 1990 there shall be substituted a reference to section 135 of the Town and Country Planning (Scotland) Act 1972; for any reference to Part V of the said Act of 1990 there shall be substituted a reference to Part VII of the said Act of 1972; and for any reference to sections 80 and 81 of the said Act of 1990 there shall be substituted references to sections 35 and 36 of the said Act of 1972;

• (b) for paragraphs 4 to 6 there shall be substituted the following paragraphs:—

(4) (1) At any time after an application has been made for the consent of the Secretary of Stateto the carrying out of any controlled operations for which a statutory right to take water is required but has not been granted any person concerned may apply to the Secretary of State for a certificate under this Schedule as respects those controlled operations. (2) On receiving any such application the Secretary of State shall serve a copy of the application on the gas authority. (3) Before coming to his decision on the application the Secretary of State shall, if the applicant or the public gas supplierso desires, afford to them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose. (5) (1) Where the Secretary of State decides to grant an application he shall issue to the applicant a certificate stating that the statutory right to take water required for carrying out of the controlled operations could reasonably have been expected to have been granted if the land had not been comprised in the storage area or protective area. (2) Where, in the opinion of the Secretary of State, a statutory right to take water might reasonably have been expected to have been granted but would only have been granted subject to conditions, limitations or restrictions, the certificate shall specify those conditions, limitations and restrictions in addition to the other matters required to be contained in the certificate. (3) On issuing the certificate the Secretary of State shall serve a copy of the certificate on the gas authority. (6) In entertaining an application under paragraph 4 of this Schedule the Secretary of State shall, in coming to a decision, apply the principles which would have been applied if the application had been an application for an order approving an agreement to take water under section 17(1)of the Water (Scotland) Act 1980.

SCHEDULE 4

Part I — Application of Acquisition of Land Act and Lands Clauses Acts to Compulsory Purchase of Certain Rights

1

Subject to this Schedule, in relation to the compulsory purchase—

• (a) of a right to store gas in an underground gas storage under section 12(1) of this Act, or

• (b) of any right under subsection (2) or (3) of section 13 of this Act,

the Acquisition of Land (Authorisation Procedure) Act 1946 and the enactments incorporated therewith shall have effect as if—

• (i) references (whatever the terms used) to the land comprised in the compulsory purchase order were construed, where the context so requires, as references to the stratum of land constituting the underground gas storage or, as the case may be, the land comprising the well, borehole or shaft, and

• (ii) references to the obtaining or taking possession of the land so comprised were construed as references to the exercise of the right.

2

In relation to the compulsory purchase of a right to store gas in an underground gas storage under section 12(1) of this Act the said Act of 1946 shall have effect—

• (a) as if in paragraphs 9 and 10 of Schedule 1 to that Act (which affords safeguards for local authorities, statutory undertakers and the National Trust when their land is subject to compulsory purchase) references to the land comprised in the compulsory purchase order included references to any land held with the stratum of land constituting the underground gas storage, and

• (b) as if paragraphs 11 and 12 of the said Schedule (which make an order for the compulsory purchase of common land, or of land which is the site of an ancient monument or other object of archaeological interest, subject to special parliamentary procedure in certain cases) were omitted.

3

In the application of this Part of this Schedule to Scotland, for any reference to the Acquisition of Land (Authorisation Procedure) Act 1946 there shall be substituted a reference to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947, for any reference to paragraph 9, 10, 11 or 12 of Schedule 1 to the said Act of 1946 there shall be substituted respectively a reference to paragraph 9, 10, 11 or 12 of Schedule 1 to the said Act of 1947, and for any reference to the National Trust there shall be substituted a reference to the National Trust for Scotland.

Part II — Compulsory Purchases Affecting Supplies of Water

4

This Part of this Schedule shall apply where the land or rights purchased under section 13 of this Act comprise, or relate to, a well, borehole or shaft which is used for the purpose of providing a supply of water which is obtained in exercise of 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).

5

• (1) Where the persons entitled to exercise the 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:

• (2) Where 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.

• (3) In assessing compensation under the Lands Clauses Acts for injurious affection of any interest in land held with the land purchased, or the land in which the rights purchased are exercisable, account shall be taken of any mitigation of that injurious affection attributable to the provision of the alternative supply of water; and the foregoing provisions of this paragraph shall be in lieu of compensation for the value of any interest in land so far as that value is attributable to the use of the land for the construction and use of the well, borehole or shaft.

• (4) Compensation payable under the Lands Clauses Acts (whether under section 63 or section 68 of the Lands Clauses Consolidation Act 1845) for injurious affection sustained by the persons entitled to the supply of water shall include—

• (a) compensation for any loss or damage suffered by them in the period before effective action is taken under this paragraph, and

• (b) where the amounts payable, by virtue of section 123 of the Water Resources Act 1991, in respect of an alternative supply of water to which the foregoing provisions of this paragraph relate exceed the amounts payable by virtue of that section in respect of the protected right (or where amounts are payable by virtue of that section in respect of an alternative supply but no amounts were so payable in respect of the protected right), a lump sum by way of compensation for the additional burden thereby imposed on the persons entitled to the protected right.

6

Where paragraph 5 of this Schedule does not apply, then without prejudice to the generality of the principles applicable in assessing compensation payable under the Lands Clauses Acts (whether under section 63 or section 68 of the Lands Clauses Consolidation Act 1845) for injurious affection sustained by the person entitled to the supply of water, compensation so payable shall include compensation for any expenditure in providing the well, borehole or shaft, or the apparatus used in connection with it, which is rendered abortive by the compulsory purchase, and for any other loss or damage which is attributable to the compulsory purchase.

7

Any dispute arising under this Part of this Schedule as to whether it is reasonably practicable and economical to provide an alternative supply of water shall be referred to and determined by the Minister and the Minister concerned with water resources acting jointly.

8

Without prejudice to the generality of the principles on which compensation is payable under the Lands Clauses Acts, in assessing compensation under those Acts in cases affected by this Part of this Schedule account shall be taken of the provisions of the Water Resources Act 1963 and of any other enactment restricting rights or powers of abstracting water.

9

In the application of this Part of this Schedule to Scotland—

• (a) for any reference to a protected right (as defined in section 26 of the Water Resources Act 1963) there shall be substituted a reference to a right (whether statutory or not) to take water;

• (b) for any reference to the Lands Clauses Consolidation Act 1845 and to section 63 thereof, there shall be substituted respectively references to the Lands Clauses Consolidation (Scotland) Act 1845 and to section 61 thereof, and for any reference to section 68 of the Act first named there shall be substituted a reference to section 6 of the Railway Clauses Consolidation (Scotland) Act 1845, and the enactments substituted as aforesaid shall be construed with any necessary modifications;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 5

1

An inquiry in pursuance of a direction under section 17 of this Act with respect to an event shall be held by a competent person appointed by the Minister, and that person may conduct the inquiry either alone or with the assistance of an assessor or assessors so appointed.

2

The Minister may pay to the person appointed to hold the inquiry and to any assessor appointed to assist him such remuneration and allowances as the Minister may, with the approval of the Treasury, determine.

3

The person appointed to hold the inquiry (hereafter in this Schedule referred to as “the tribunal”) shall hold the inquiry in such manner and under such conditions as the tribunal thinks most effectual for ascertaining the causes, circumstances and effects of the events inquired into, and for enabling the tribunal to make the report hereafter in this Schedule mentioned.

4

The tribunal shall, for the purposes of the inquiry, have power—

• (a) to enter and inspect any place or building the entry or inspection of which appears to the tribunal requisite for the said purposes;

• (b) by summons signed by the tribunal to require any person to attend, at such time and place as is specified in the summons, to give evidence or produce any documents in his custody or under his control which the tribunal considers it necessary for the purposes of the inquiry to examine;

• (c) to require a person appearing at the inquiry to furnish to any other person appearing at the inquiry, on payment of such fee, if any, as the tribunal thinks fit, a copy of any documents offered, or proposed to be offered, in evidence by the first-mentioned person;

• (d) to take evidence on oath, and for that purpose to administer oaths, or, instead of administering an oath, to require the person examined to make a declaration of the truth of the matter respecting which he is examined;

• (e) to adjourn the inquiry from time to time; and

• (f) subject to the foregoing sub-paragraphs, to regulate the procedure of the tribunal.

5

A person attending as a witness before the tribunal shall be entitled to be paid by the Minister such expenses as would be allowed to a witness attending on subpoena before a court of record, and any dispute as to the amount to be so allowed shall be referred by the tribunal to a master of the Senior Courts who, on request signed by the tribunal, shall ascertain and certify the proper amount of the expenses.

6

The tribunal shall make a report to the Minister stating the causes, circumstances and effects of the event, adding any observations which the tribunal thinks it right to make, and the Minister shall cause copies of the report to be laid before Parliament.

7

If any person—

• (a) without reasonable excuse (proof whereof shall lie on him), and after having the expenses (if any) to which he is entitled tendered to him, fails to comply with any summons or requisition of the tribunal; or

• (b) does any other thing which would, if the tribunal had been a court of law having power to commit for contempt, have been contempt of that court,

the tribunal may, by instrument signed by the tribunal, certify the offence of that person to the High Court or, in Scotland, the Court of Session, and the High Court or Court of Session may thereupon inquire into the alleged offence and after hearing any witnesses who may be produced against or on behalf of the person charged with the offence, and after hearing any statement that may be offered in defence, punish or take steps for the punishment of that person in like manner as if he had been guilty of contempt of the High Court or, as the case may be, the Court of Session.

8

Any sums to be paid by the Minister under paragraph 2 or paragraph 5 of this Schedule shall be paid out of moneys provided by Parliament.

9

In the application of this Schedule to Scotland, for references to a master of the Senior Courts, to a witness attending on subpoena before a court of record, and to a summons there shall be respectively substituted references to the Auditor of the Court of Session, to a witness attending on citation the High Court of Justiciary, and to an order.

SCHEDULE 6

Search for underground storage sites

1

• (1) Where it appears to the Minister to be expedient that any land should be prospected for the purpose of finding or proving a site for an underground gas storage the Minister may, on the application of a public gas suppliergive a direction designating that land as land in relation to which the powers conferred by the next following paragraph are to be exercisable, subject to such conditions, if any, as may be specified in the direction.

• (2) The applicantshall serve on the owners and occupiers of all the land to which the application relates notice of his application, setting out the terms of the direction applied for and stating that representations with respect to the application may be made to the Minister within twenty-eight days from service of the notice.

• (3) The Minister shall take into consideration all representations duly made within the said period of twenty-eight days and may, if he thinks fit, give the direction in the terms applied for, or in more restrictive terms.

• (4) The direction shall remain in force for such period, being not more than two years, as may be specified in the direction and if within the period so specified the applicant, or any other public gas supplier, take proceedings under Schedule 2 to this Act for the making of a storage authorisation order which will include in its storage area any of the land designated in the direction, the direction shall continue in force until the Minister under paragraph 5(1) of the said Schedule refuses to allow the applicantto proceed with his proposals, or under paragraph 10(1) of that Schedule refuses the application, or until the storage authorisation order comes into force.

2

• (1) Subject to this paragraph, while a direction under the foregoing paragraph remains in force, and subject to compliance with any conditions specified in the direction, any person authorised in writing by the public gas suppliermay, at any reasonable time, for the purpose of finding or proving a site for an underground gas storage—

• (a) enter upon the land designated in the direction, or upon any other land to which entry is required for obtaining access to that land,

• (b) survey the land and carry out trial borings in the land, and

• (c) remove from the land any specimens, whether solid or fluid, abstracted from boreholes in the land:

• (2) A person authorised under this paragraph to enter on any land shall not demand admission as of right to any land which is occupied unless twenty-eight days notice of the intended entry has been given to the occupier and to the owner of the land, and where it is proposed to carry out any of the operations described in paragraphs (b) and (c) of the foregoing sub-paragraph the power to carry out those operations shall not be exercisable unless twenty-eight days notice was given both of the intended entry and of intention to carry out those operations.

• (3) If notice of intention to carry out any such operations is given as respects land which is held by statutory undertakers, by a sewerage authority Scottish Water Scottish Water , or by a river authority or other drainage authority, and the body object to the proposed operations on the ground that the carrying out thereof would be seriously detrimental to the carrying on of their undertaking or, in the case of a sewerage authority or a river authority or other drainage authority, to the performance of their functions core functions (within the meaning of section 70(2) of the Water Industry (Scotland) Act 2002) (asp 3) , the operations shall not be carried out except with the consent of the appropriate Minister.

• (3) If notice of intention to carry out any such operations is given as respects land which is held by statutory undertakers or by an internal drainage board, and the statutory undertakers or the internal drainage board object to the proposed operations on the ground that the carrying out of the operations would be seriously detrimental to the carrying on of their undertaking or, in the case of an internal drainage board, to the performance of their functions core functions (within the meaning of section 70(2) of the Water Industry (Scotland) Act 2002) (asp 3), the operations shall not be carried out except with the consent of the appropriate Minister.

• (4) A person shall not by virtue of this paragraph be entitled to enter or remain on land occupied by the Environment Agency, the Natural Resources Body for Wales or by statutory water undertakersScottish Water unless he complies with any reasonable requirements imposed by the Environment Agency, by the Natural Resources Body for Wales or, as the case may be, by the undertakersScottish Water for the purpose of protecting water against pollution; and any question arising under this sub-paragraph as to what requirements are reasonable shall in case of dispute be determined by the Minister concerned with water resources whose decision shall be final.

• (5) Nothing in this paragraph shall authorise entry into any building.

• (6) In this paragraph the expression “the appropriate Minister”—

• (a) when used in relation to statutory undertakers, has the meaning given by section 290(1) of the Town and Country Planning Act 1971, or, as the case may be, section 275(1) of the Town and Country Planning (Scotland) Act 1972and

• (b) when used in relation to a sewerage authority in England, means the Secretary of State, and when used in relation to a sewerage authority in Scotland or Wales, means the Secretary of State, and

• (c) when used in relation to a river authority or other drainage authority—

• (i) where the land in question is in England or Wales and is held for purposes relating to land drainage or fisheries, means the Minister of Agriculture, Fisheries and Food,

• (ii) where the land in question is in Scotland and is held for purposes relating to land drainage or fisheries or to a marine work, means the Secretary of State,

• (iii) where the land in question is held for purposes connected with navigation, means the Secretary of State,

• (iv) where the land in question is held for purposes connected with the functions of a river authority in England or Wales (not being functions mentioned in paragraphs (i) and (iii) of this sub-paragraph), the Minister concerned with water resources, and

• (v) in any other case, in relation to land in England, means the Secretary of Stateand, in relation to land in Scotland or Wales, means the Secretary of State.

• (c) when used in relation to an internal drainage board, means the Secretary of State or the Minister of Agriculture, Fisheries and Food.

Entry for purposes of survey

3

• (1) Subject to this paragraph, any person authorised in writing by a public gas suppliermay at any reasonable time enter upon and survey any land—

• (a) for the purpose of preparing any documents to be submitted to the Minister at any stage of the proceedings for the making of a storage authorisation order, or

• (b) for the purpose of estimating value, or assessing loss, in connection with any claim for compensation under Part II of this Act.

• (2) A person authorised under this paragraph to enter on any land shall not demand admission as of right to any land which is occupied unless twenty-eight days’ notice of the intended entry has been given to the occupier and to the owner of the land.

Detection and supervision of controlled operations in storage area and protective area

4

• (1) The powers conferred by this paragraph may be exercised for the purpose of supervising and inspecting any controlled operations carried out with the consent of the Minister, and for the purpose of guarding against and detecting the carrying out of any controlled operations without the consent of the Minister or the doing of anything else constituting an offence under section 5 of this Act.