Memorandum by the Department
of Trade and Industry
1. The Committee has requested
the Department to submit a memorandum on the following point:
2, Part II, of this Order, ought not the reference in paragraph
2 to the right mentioned in paragraph 2 to be a reference to the
right mentioned in paragraph 1 (of Part II of the Schedule)?"
2. The Committee is correct:
the reference in paragraph 2 of Part II of Schedule 2 to the Order
should have been a reference to paragraph 1 of that Part. The
Department regrets the error, which has been brought to the attention
of the beneficiary of the Order.
3. However, the Department considers
that it is clear to the reader that the reference in question
should have been a reference to paragraph 1 since that is the
only paragraph in the Order which refers to a right to bring onto
the relevant land materials, plant or apparatus by a vehicle.
The Department's view is reinforced by the fact that the Fourth
Schedule to the Pipe-lines Act 1962 sets out the ancillary rights
which in exercise of his powers under section 12(1) of the Act,
the Secretary of State may confer by a compulsory rights order.
The rights set out in the Fourth Schedule to the Act make it clear
what rights may be conferred as to the placing of materials etc.
temporarily on the land.
26th June 2000