HL Deb 31 July 1962 vol 243 cc147-9

Clause 22, page 21, line 8, leave out from beginning to end of line 14, and insert— ("(2) If at any time the Minister is satisfied with respect to a pipe-line or a length of a pipe-line that, in the interests of safety, the unrestricted use of the line or length ought no longer to be permitted, he may by notice served on the owner of the line—

  1. (a) require that the line shall be so operated that the pressure of its contents, or, as the case may be, the pressure of the contents of that length of it, will at no point exceed such number of pounds per square inch as may be specified in the notice; or
  2. (b) prohibit the use (either absolutely or for the conveyance of any thing other than a thing of a particular kind specified in the notice or a thing of a class so specified) of the line or, as the case may be, that length of it, until there have been effected thereto such alterations as may be so specified, being alterations as to which the Minister is satisfied that the effecting thereof will suffice to permit of the resumption of the use of the line or length without restriction.")

Clause 22, page 21, line 17, leave out ("subsection") and insert ("provisions of this section")

Clause 22, page 21, line 22, leave out ("subsection(1)") and insert ("the foregoing provisions")

Clause 22, page 21, line 31, at end, insert—

("(4) Where, in consequence of the effecting of alterations to a pipe-line or a length of a pipe-line in consequence of the service of a notice under subsection (2) of this section a person, other than the person on whom the notice was served, 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 person on whom the notice was served.")

LORD CHESHAM

These four Amendments result from an undertaking given by my noble friend, Lord Mills, in your Lordships' House, to put down an Amendment to give the Minister power to impose requirements of construction in respect of any pipe-line, whether in the course of construction or already laid. This undertaking, as I recall, was given in response to certain anxieties that were expressed on the subject of safety—certainly I can remember the noble Earl, Lord Lucan, being involved in it. I hope that this Amendment will meet his point.

Under Clause 19 the Minister may impose requirements in the interests of safety, in respect of works which are being or are about to be executed. But there are no powers, as the noble Earl pointed out, in regard to pipe-lines that are already there. I do not suppose that it will be necessary, in practice, to impose very much in this way, but it may be necessary to impose certain minor requirements, such as the insertion of safety devices or the addition of valves for the purpose of isolating certain sections. These Amendments enlarge the scope of Clause 22 so as to cover the points that your Lordships and the noble Earl, in particular, had in mind. I beg to move.

Moved, That this House doth agree with the Commons in the said Amendments.—(Lord Chesham.)

THE EARL OF LUCAN

My Lords, I thank the noble Earl for the Amendment on this point. I remember that we did express a good deal of concern on the safety aspect. I think this is not the point on which the noble Lord, Lord Mills, gave an undertaking to me, that retrospective power to impose safety restrictions was needed. I think that this particular Amendment concerns one of the points which the Minister, either on Third Reading or Report stage, agreed was worth looking at, and on which he promised to consider putting down Amendments in another place.

LORD CHESHAM

My Lords, I thought I was right in what I said about that, but I must admit that I did not double-check it in Hansard. I certainly thought it was the noble Earl who had been concerned about this point.

THE EARL OF LUCAN

I certainly was, yes.

LORD CHESHAM

Others were, too, but in particular I recollect the noble Earl.

On Question, Motion agreed to.