40 Provision of information to the OGA after meetings
(1) This section applies where the right conferred by section 39(1) (right of person authorised by the OGA to participate) is not exercised in relation to a relevant meeting.
(2) The relevant person by, or on behalf of whom, the meeting was arranged must provide the OGA with a written summary of—
(a) the meeting, and
(b) any decisions reached at the meeting.
(3) The written summary must be provided to the OGA within a reasonable period after the end of the meeting.
(4) Subsection (2) does not require the relevant person to provide the OGA with any information that does not relate to relevant issues.
(5) The requirement imposed by this section is sanctionable in accordance with Chapter 5.
(1) This section applies to a notice given by the OGA under this Chapter.
(2) The notice—
(a) may make different provision for different cases, and
(b) may be varied or revoked by a further notice given by the OGA.
(3) The notice, and any variation or revocation, must be published in such manner as the OGA considers appropriate for bringing it to the attention of the persons who, in its opinion, are likely to be affected by it.
(1) If the OGA considers that a person has failed to comply with a petroleum-related requirement imposed on the person, it may give the person a sanction notice in respect of that failure.
(2) If the OGA considers that there has a been a failure to comply with a petroleum-related requirement imposed jointly on two or more persons, it may give a sanction notice in respect of that failure—
(a) to one only of those persons,
(b) jointly to two or more of them, or
(c) jointly to all of them,
but it may not give separate sanction notices to each of them in respect of the failure.
(3) In this Chapter “petroleum-related requirement” means—
(a) a duty imposed under section 9C of the Petroleum Act 1998 to act in accordance with the current strategy or strategies produced under section 9A(2) of that Act for enabling the principal objective to be met,
(b) a term or condition of an offshore licence, or
(c) a requirement imposed on a person by or under a provision of this Act which, by virtue of the provision, is sanctionable in accordance with this Chapter.
(4) In this Chapter “sanction notice” means—
(a) an enforcement notice (see section 43),
(b) a financial penalty notice (see sections 44 to 46),
(c) a revocation notice (see section 47), or
(d) an operator removal notice (see section 48).
(5) Sanction notices, other than enforcement notices, may be given in respect of a failure to comply with a petroleum-related requirement even if, at the time the notice is given, the failure to comply has already been remedied.
(6) Where the OGA gives a sanction notice to a person in respect of a particular failure to comply with a petroleum-related requirement—
(a) it may, at the same time, give another type of sanction notice to the person in respect of that failure to comply;
(b) it may give subsequent sanction notices in respect of that failure only in accordance with section 54 (subsequent sanction notices).
(7) The OGA's power to give sanction notices under this section is subject to section 49 (duty of OGA to give sanction warning notices).
(1) This section contains provision about enforcement notices which may be given under section 42 (failure to comply with a petroleum-related requirement).
(2) An enforcement notice is a notice which—
(a) specifies the petroleum-related requirement in question,
(b) gives details of the failure to comply with the requirement,
(c) informs the person or persons to whom the notice is given that the person or persons must comply with—
(i) the petroleum-related requirement, and
(ii) any directions included in the notice as mentioned in subsection (3),
before the end of the period specified in the notice.
(3) The notice may include directions as to the measures to be taken for the purposes of compliance with the petroleum-related requirement.
(4) Requirements imposed by directions included in an enforcement notice as mentioned in subsection (3) are sanctionable in accordance with this Chapter.
(1) This section and sections 45 and 46 contain provision about financial penalty notices which may be given under section 42 (failure to comply with a petroleum-related requirement).
(2) A financial penalty notice is notice which—
(a) specifies the petroleum-related requirement in question,
(b) gives details of the failure to comply with the requirement,
(c) informs the person or persons to whom the notice is given that the person or persons must—
(i) comply with the petroleum-related requirement before the end of a period specified in the notice, in a case where it is appropriate to require such compliance and the failure to comply with the requirement has not already been remedied at the time the notice is given, and
(ii) pay the OGA a financial penalty of the amount specified in the notice before the end of a period specified in the notice.
(3) The period specified under subsection (2)(c)(ii) must not end earlier than the end of the period of 28 days beginning with the day on which the financial penalty notice was given.
(1) The financial penalty payable under a financial penalty notice in respect of a failure to comply with a petroleum-related requirement (whether payable by one person, or jointly by two or more persons) must not exceed £1 million.
(2) The OGA must—
(a) issue guidance as to the matters to which it will have regard when determining the amount of the financial penalty to be imposed by a financial penalty notice, and
(b) have regard to the guidance when determining the amount of the penalty in any particular case.
(3) The OGA may from time to time review the guidance and, if it considers appropriate, revise it.
(4) Before issuing or revising guidance under this section, the OGA must consult such persons as it considers appropriate.
(5) The OGA must lay any guidance issued under this section, and any revision of it, before each House of Parliament.
(6) The OGA must publish any guidance issued under this section, and any revision of it, in such manner as the OGA considers appropriate.
(7) The Secretary of State may by regulations amend subsection (1) to change the amount specified to an amount not exceeding £5 million.
(1) If a financial penalty notice is given jointly to two or more persons, those persons are jointly and severally liable to pay the financial penalty under it.
(2) A financial penalty payable under a financial penalty notice is to be recoverable as a civil debt if it is not paid before the end of the period specified under section 44(2)(c)(ii).
(3) Money received by the OGA under a financial penalty notice must be paid into the Consolidated Fund.
(1) This section contains provision about revocation notices which may be given under section 42 (failure to comply with a petroleum-related requirement).
(2) A revocation notice may be given only in respect of a failure to comply with a petroleum-related requirement imposed on a licensee in that capacity.
(3) Where two or more persons are the licensee in respect of a petroleum licence, the revocation notice may be given jointly to some or all of those persons.
(4) A revocation notice is a notice which—
(a) specifies the petroleum-related requirement in question,
(b) gives details of the failure to comply with the requirement,
(c) informs the person or persons to whom the notice is given that the petroleum licence held by that person or those persons is to be revoked in relation to that person, or those persons, on the date specified in the notice (“the revocation date”).
(5) The revocation date must not be earlier than the end of the period of 28 days beginning with the day on which the revocation notice was given.
(6) A revocation notice may not be given in circumstances where the licence to be revoked in accordance with the notice is one which, on the date the notice is given, the OGA would not have the power to grant.
(7) Where a licence is revoked in relation to a person in accordance with a revocation notice—
(a) the rights granted to the person by the licence cease on the revocation date;
(b) the revocation does not affect any obligation or liability imposed on or incurred by the person under the terms and conditions of the licence;
(c) the terms and conditions of the licence apply as if the licence had been revoked in accordance with those terms and conditions, subject to section 56(2).
(8) Where two or more persons are the licensee in respect of a petroleum licence and a revocation notice is given in relation to some of those persons, but not in relation to others (the “continuing licence holders”), the OGA must inform the continuing licence holders that—
(a) the revocation notice has been given, and
(b) the licence will continue to have effect in relation to them following the revocation date.
(1) This section contains provision about operator removal notices which may be given under section 42 (failure to comply with a petroleum-related requirement).
(2) An operator removal notice may be given only in respect of a failure to comply with a petroleum-related requirement imposed on an operator under a petroleum licence in that capacity.
(3) An operator removal notice is a notice which—
(a) specifies the petroleum-related requirement;
(b) gives details of the failure to comply with the requirement;
(c) informs the operator to whom it is given that, with effect from a date specified in the notice (“the removal date”), the licensee under whose licence the operator operates (“the relevant licensee”) is to be required to remove the operator (see subsection (5)).
(4) The OGA must—
(a) give a copy of the operator removal notice to the relevant licensee, and
(b) require the relevant licensee to remove the operator with effect from the removal date.
(5) Where a licensee is required to remove an operator from a specified date, the licensee must ensure that, with effect from that date, the operator does not exercise any function of organising or supervising any of the operations of searching for, boring for, or getting petroleum in pursuance of the licensee's petroleum licence.
(6) The removal date must not be earlier than the end of the period of 28 days beginning with the day on which the operator removal notice was given.
(7) An operator removal notice may not be given in circumstances where the licence under which the operator operates is one which, on the date the notice is given, the OGA would not have the power to grant.
(8) A requirement imposed on a licensee under subsection (4)(b) is sanctionable in accordance with this Chapter.
(9) In this Chapter, “operator under a petroleum licence” has the same meaning as in Part 1A of the Petroleum Act 1998 (see section 9I of that Act).
(1) This section applies where the OGA proposes to give a sanction notice in respect of a failure to comply with a petroleum-related requirement.
(2) The OGA must give a sanction warning notice in respect of the petroleum-related requirement to—
(a) the person or persons to whom it proposes to give a sanction notice, and
(b) where it proposes to give an operator removal notice, the relevant licensee (see section 48(3)(c)).
(3) A sanction warning notice, in respect of a petroleum-related requirement, is a notice which—
(a) specifies the petroleum-related requirement,
(b) informs the person or persons to whom it is given that the OGA proposes to give a sanction notice in respect of a failure to comply with the requirement,
(c) gives details of the failure to comply with the petroleum-related requirement,
(d) informs the person or persons to whom it is given that the person or persons may, within the period specified in the notice (“the representations period”), make representations to the OGA in relation to the matters dealt with in the notice.
(4) The representations period is to be such period as the OGA considers appropriate in the circumstances.
(5) Subsections (6) and (7) apply where the OGA gives a sanction warning notice to a person or persons in respect of a petroleum-related requirement.
(6) The OGA must not give a sanction notice to the person or persons in respect of a failure to comply with the requirement until after the end of the representations period specified in the sanction warning notice.
(7) Having regard to representations made during the representations period specified in the sanction warning notice, the OGA may decide—
(a) to give the person or persons a sanction notice in respect of the failure to comply with the requirement detailed in the sanction warning notice under subsection (3)(c),
(b) to give the person or persons a sanction notice in respect of a failure to comply with the requirement which differs from the failure detailed in the sanction warning notice under subsection (3)(c), or
(c) not to give the person or persons a sanction notice in respect of a failure to comply with the requirement.
(1) Where a sanction notice is given under this Chapter in respect of a failure to comply with a petroleum-related requirement, an appeal may be made—
(a) under section 51 (on the grounds that there was no such failure to comply);
(b) under section 52 (against the sanction imposed by the notice).
(2) Where an appeal is made in relation to a sanction notice, the notice ceases to have effect until a decision is made by the Tribunal to confirm, vary or cancel the notice.
(3) Where, on an appeal made in relation to a sanction notice—
(a) the Tribunal makes a decision to confirm or vary the notice, and
(b) an appeal is or may be made in relation to that decision,
the Tribunal, or the Upper Tribunal, may further suspend the effect of the notice pending a decision which disposes of proceedings on such an appeal.
(1) This section applies where a sanction notice is given in respect of a failure to comply with a petroleum-related requirement.
(2) An appeal may be made to the Tribunal by the person, or by any of the persons, to whom the notice was given, on the grounds that the person, or persons, did not fail to comply with the petroleum-related requirement.
(3) On an appeal under this section, the Tribunal may confirm or cancel the sanction notice.
(4) Where sanction notices are given on more than one occasion in respect of the same failure to comply with a petroleum-related requirement—
(a) an appeal under this section may be made only in relation to the sanction notice, or any of the sanction notices, given on the first of those occasions, and
(b) appeals in relation to sanction notices given on subsequent occasions in respect of that failure to comply may be made only under section 52 (appeals against sanction imposed).
(1) This section applies where a sanction notice is given in respect of a failure to comply with a petroleum-related requirement.
(2) An appeal may be made to the Tribunal—
(a) by the person, or by any of the persons, to whom the notice was given, and
(b) in the case of an operator removal notice under section 48, by the licensee under whose licence the operator operates,
against any of the decisions of the OGA mentioned in subsection (3) (as to the sanction imposed by the notice) on the grounds mentioned in subsection (4).
(3) Those decisions are—
(a) in a case where an enforcement notice has been given, the decision as to—
(i) the measures that are required to be taken for the purposes of compliance with the petroleum-related requirement, or
(ii) the period for compliance with the petroleum-related requirement;
(b) in a case where a financial penalty notice has been given, the decision—
(i) to impose a financial penalty, or
(ii) as to the amount of the financial penalty imposed;
(c) in a case where a revocation of licence notice has been given, the decision to revoke the licence, whether in relation to some or all of the persons to whom it was granted;
(d) in a case where an operator removal notice has been given, the decision to require the removal of the operator.
(4) The grounds are that the decision of the OGA—
(a) was unreasonable, or
(b) was not within the powers of the OGA.
(5) On an appeal under this section against a decision made in relation to an enforcement notice, the Tribunal may—
(a) confirm or quash the decision, in the case of a decision as mentioned in subsection (3)(a)(i) (remedial action), or
(b) confirm or vary the decision, in the case of a decision as mentioned in subsection (3)(a)(ii) (period for compliance),
and confirm, vary or cancel the enforcement notice accordingly
(6) On an appeal under this section against a decision made in relation to a financial penalty notice, the Tribunal may—
(a) confirm or quash the decision, in the case of a decision as mentioned in subsection (3)(b)(i) (imposition of penalty), or
(b) confirm or vary the decision, in the case of a decision as mentioned in subsection (3)(b)(ii) (amount of penalty),
and confirm, vary or cancel the financial penalty notice accordingly.
(7) The Tribunal must have regard to any guidance issued by the OGA under section 45(2)(a) when deciding whether to confirm or vary a decision as to the amount of a financial penalty under subsection (6)(b).
(8) On an appeal under this section against a decision to revoke a licence or to require the removal of an operator the Tribunal may—
(a) confirm the decision,
(b) vary the decision by changing the revocation date or the removal date, as the case may be, or
(c) quash the decision, and
confirm, vary or cancel the sanction notice in question accordingly.
(9) Where a decision is quashed under subsection (5)(a), (6)(a) or (8), the Tribunal may remit the decision to the OGA for reconsideration with such directions (if any) as the Tribunal considers appropriate.
(1) The OGA may publish details of any sanction notice given in accordance with this Chapter.
(2) But the OGA may not publish anything that, in the OGA's opinion—
(a) is commercially sensitive,
(b) is not in the public interest to publish, or
(c) is otherwise not appropriate for publication.
(3) If, after details of a sanction notice are published by the OGA, the sanction notice is—
(a) cancelled on appeal, or
(b) withdrawn under section 55,
the OGA must publish details of the cancellation or withdrawal.
(1) This section applies where the OGA gives a sanction notice in respect of a particular failure to comply with a petroleum-related requirement (whether the notice is given alone or at the same time as another type of sanction notice).
(2) If the sanction notice given is a revocation notice or an operator removal notice, no further sanction notices may be given in respect of the failure to comply.
(3) If the sanction notice given is a financial penalty notice which does not require compliance with the petroleum-related requirement, no further sanction notices may be given in respect of the failure to comply.
(4) Subsection (5) applies if the sanction notice given is—
(a) an enforcement notice, or
(b) a financial penalty notice which requires compliance with the petroleum-related requirement.
(5) No further sanction notices may be given in respect of the failure to comply before the end of the period specified under section 43(2)(c) or 44(2)(c)(i), as the case may be (period for compliance with petroleum-related requirement).
(1) The OGA may, at any time after giving a sanction notice, withdraw the sanction notice.
(2) If a sanction notice is withdrawn by the OGA—
(a) the notice ceases to have effect, and
(b) the OGA must notify the following persons of the withdrawal of the notice—
(i) the person or persons to whom the notice was given,
(ii) in the case of a revocation notice, the persons who were required to be informed of the giving of the revocation notice under section 47(8), and
(iii) in the case of an operator removal notice, the licensee under whose licence the operator operates.
(1) Where the OGA gives a sanction notice to an offshore licensee in respect of a failure to comply with a petroleum-related requirement, the matter is to be dealt with in accordance with this Chapter.
(2) Any requirement under the licensee's licence to deal with the matter in a certain way (including by arbitration) does not apply in respect of that failure to comply.
(1) This section applies for the purposes of an investigation by the OGA which—
(a) concerns whether a person has failed to comply with a petroleum-related requirement, and
(b) is carried out for the purpose of enabling the OGA to decide whether to give the person a sanction notice, or on what terms a sanction notice should be given to the person.
(2) The OGA may by notice in writing, for the purposes of that investigation, require the person to provide specified documents or other information.
(3) A requirement under subsection (2) only applies to the extent that the documents or information requested are—
(a) documents that are in the person's possession or control, or
(b) other information that is in the person's possession or control.
(4) A requirement imposed by a notice under subsection (2) is sanctionable in accordance with this Chapter.
(5) The documents or information requested—
(a) may include documents or information held in any form (including in electronic form);
(b) may include documents or information that may be regarded as commercially sensitive;
(c) may not include items that are subject to legal privilege.
(6) The notice must specify—
(a) to whom the information is to be provided;
(b) where it is to be provided;
(c) when it is to be provided;
(d) the form and manner in which it is to be provided.
(7) In this section, “specified” in a notice, means specified, or of a description specified, in the notice.
(1) A person to whom a notice is given under section 57 may appeal against it to the Tribunal on the grounds that—
(a) the giving of the notice is not within the powers of the OGA, or
(b) the length of time given to comply with the notice is unreasonable.
(2) On an appeal under this section the Tribunal may—
(a) confirm, vary or cancel the notice, or
(b) remit the matter under appeal to the OGA for reconsideration with such directions (if any) as the Tribunal considers appropriate.
(1) The OGA must determine the procedure that it proposes to follow in relation to enforcement decisions.
(2) That procedure must be designed to secure, among other things, that an enforcement decision is taken—
(a) by a person falling within subsection (3), or
(b) by two or more persons, each of whom falls within subsection (3).
(3) A person falls within this subsection if the person was not directly involved in establishing the evidence on which the enforcement decision is based.
(4) The OGA must issue a statement of its proposals.
(5) The statement must be published in a way appearing to the OGA to be best calculated to bring the statement to the attention of the public.
(6) When the OGA takes an enforcement decision, the OGA must follow its stated procedure.
(7) If the OGA changes its procedure in a material way, it must publish a revised statement.
(8) A failure of the OGA in a particular case to follow its procedure as set out in the latest published statement does not affect the validity of an enforcement decision taken in that case.
(9) But subsection (8) does not prevent the Tribunal from taking into account any such failure in considering an appeal under section 51 or 52 in relation to a sanction notice.
(10) In this section “enforcement decision” means either of the following—
(a) a decision to give a sanction notice in respect of a failure to comply with a petroleum-related requirement;
(b) a decision as to the details of the sanction to be imposed by the notice.
In this Chapter—
“operator under a petroleum licence” has the meaning given in section 48(9);
“petroleum-related requirement” has the meaning given in section 42(3);
“sanction notice” has the meaning given in section 42(4).
62 Meaning of “protected material” and related terms
(1) In this Chapter “protected material” means information or samples which have been obtained by the OGA under this Part.
(2) In this Chapter—
“original owner”, in relation to protected material provided to the OGA under this Part, means the person by whom, or on whose behalf, the protected material was so provided;
“subsequent holder”, in relation to protected material, means a person holding protected material who has received it directly or indirectly from the OGA by virtue of a disclosure, or disclosures, in accordance with this Chapter.
(3) References to disclosing protected material include references to making the protected material available to other persons (in a case where the protected material includes samples).
(1) Section 61 does not prohibit a disclosure of protected material by the OGA which—
(a) is made to a person mentioned in column 1 of the table below,
(b) is made for the purpose of facilitating the carrying out of that person's functions, and
(c) is a disclosure of information obtained by the OGA under a Chapter mentioned in the corresponding entry of column 2 of the table.
Column 1 | Column 2
A Minister of the Crown | Chapters 2 to 5
Her Majesty's Revenue and Customs | Chapters 2 to 4
The Competition and Markets Authority | Chapters 2 to 5
The Scottish Ministers | Chapter 3
The Welsh Ministers | Chapter 3
A Northern Ireland Department | Chapter 3
The Coal Authority | Chapter 3
The Office for Budget Responsibility | Chapter 3
An enforcing authority | Chapters 2 to 5
The competent authority under article 8 of the Offshore Safety Directive | Chapters 2 to 5
The Statistics Board | Chapters 2 to 5
(2) In the table—
“enforcing authority” has the same meaning as in Part 1 of the Health and Safety at Work etc Act 1974 (see section 18(7)(a) of that Act);
“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;
“Offshore Safety Directive” means Directive 2013/30/EU of the European Parliament and of the Council of 12 June 2013 on safety of offshore oil and gas operations.
(3) Section 61 does not prohibit a disclosure of protected material by the OGA which—
(a) is a disclosure of protected material obtained by it under Chapter 3 (information and samples),
(b) is made to the Natural Environment Research Council, or any other similar body carrying on geological activities, and
(c) is made for the purpose of enabling the body to prepare and publish reports and surveys of a general nature using information derived from the protected material.
(4) A person to whom protected material is disclosed by virtue of subsection (1) or (3) may use the protected material only for the purpose mentioned in subsection (1)(b) or (3)(c) (as the case may be).
(5) Section 61 does not prohibit such a person from disclosing the protected material so far as necessary for that purpose.
(6) The Secretary of State may by regulations amend the table in subsection (1)—
(a) to remove a person from column 1,
(b) to add to column 1 a person to whom subsection (7) applies, or
(c) to add, remove or change entries in column 2.
(7) This subsection applies to—
(a) persons holding office under the Crown;
(b) persons in the service or employment of the Crown;
(c) persons acting on behalf of the Crown;
(d) government departments;
(e) publicly owned companies as defined in section 6 of the Freedom of Information Act 2000.
64 Disclosure required for returns and reports prepared by OGA
(1) Section 61 does not prohibit the OGA from using protected material obtained by the OGA under Chapter 3 (information and samples) for the purpose of—
(a) preparing such returns and reports as may be required under obligations imposed by or under any Act;
(b) preparing and publishing reports and surveys of a general nature using information derived from the protected material.
(2) Section 61 does not prohibit the OGA from disclosing protected material so far as necessary for those purposes.
(1) Section 61 does not prohibit a disclosure of protected material if—
(a) the protected material was obtained by the OGA under Chapter 2 (disputes), and
(b) the disclosure is made in the exercise of the OGA's powers under section 23(6) (publication of recommendations for resolving disputes).
(2) Section 61 does not prohibit a disclosure of protected material if it is made in the exercise of the OGA's powers under section 53 (publication of details of sanctions).
(3) Section 61 does not prohibit a disclosure of protected material which is permitted by section 75 (international oil and gas agreements: information exchange).
(1) Section 61 does not prohibit protected material obtained by the OGA under Chapter 3 (information and samples) from being—
(a) published, or
(b) made available to the public (in a case where the protected material includes samples),
by the OGA or a subsequent holder at such time as may be specified in regulations made by the Secretary of State.
(2) Regulations under subsection (1) may include provision permitting protected material to be published, or made available to the public, immediately after it is provided to a person.
(3) Before making regulations under subsection (1), the Secretary of State must consult such persons as the Secretary of State considers appropriate.
(4) Subsection (3) does not apply if the Secretary of State is satisfied that consultation is unnecessary having regard to consultation carried out by the OGA in relation to what time should be specified in regulations under subsection (1).
(5) In determining the time to be specified in respect of protected material in regulations under subsection (1), the Secretary of State must have regard to the following factors—
(a) whether the specified time will allow owners of protected material a reasonable period of time to satisfy the main purpose for which they acquired or created the material;
(b) any potential benefits to the petroleum industry of protected material being published or made available at the specified time;
(c) any potential risk that the specified time may discourage persons from acquiring or creating petroleum-related information or petroleum-related samples (as defined in section 27);
(d) any other factors the Secretary of State considers relevant.
(6) In balancing the factors mentioned in subsection (5)(a) to (d), the Secretary of State must take into account the principal objective.
(7) For the purposes of subsection (5)(a), the owner of protected material is the person by whom, or on whose behalf, the protected material was provided to the OGA under Chapter 3 (information and samples).
(1) Section 61 does not prohibit a disclosure of protected material if it is made with the appropriate consent.
(2) For this purpose a disclosure is made with the appropriate consent if—
(a) in the case of disclosure by the OGA, the original owner consents to the disclosure;
(b) in the case of disclosure by a subsequent holder—
(i) the OGA consents to the disclosure, and
(ii) in a case where the protected material in question was provided to the OGA under this Part, the OGA confirms that the original owner of the material also consents to the disclosure.
(1) Section 61 does not prohibit a disclosure of protected material by the OGA for the purposes of, or in connection with—
(a) civil proceedings, or
(b) arbitration proceedings.
(2) Section 61 does not prohibit a disclosure of protected material by the OGA for the purposes of, or in connection with—
(a) the investigation or prosecution of criminal offences, or
(b) the prevention of criminal activity.
(1) The Energy Act 2011 is amended as follows.
(2) In section 87 (powers to require information), after subsection (5) insert—
(5A) A notice under subsection (1), (2) or (3) that imposes a requirement on a person must specify when the requirement is to be complied with.
(3) After that section insert—
Appeals against requirements to provide information
87A (1) Any person on whom a requirement is imposed by a notice under section 87(1), (2) or (3) may appeal against the notice to the Tribunal on the grounds that—
(a) the information required by the notice is not relevant to the exercise by the OGA of its functions under this Chapter, or
(b) the length of time given to comply with the notice is unreasonable.
(2) On an appeal under this section the Tribunal may—
(a) confirm, vary or cancel the notice, or
(b) remit the matter under appeal to the OGA for reconsideration with such directions (if any) as the Tribunal considers appropriate.
(3) In this section “the Tribunal” means the First-tier Tribunal.
Sanctions for failure to provide information
87B (1) A requirement imposed by a notice under section 87(1), (2) or (3) is to be treated for the purposes of Chapter 5 of Part 2 of the Energy Act 2016 (power of the OGA to impose sanctions) as a petroleum-related requirement.
(2) But the OGA may not give a revocation notice or an operator removal notice under that Chapter by virtue of this section.
71 Applications to use infrastructure: changes of applicant and owner
(1) The Energy Act 2011 is amended as follows.
(2) In section 82(13) (contents of notice securing rights to use infrastructure), omit paragraph (b).
(3) In section 87(6) (circumstances in which information may be disclosed)—
(a) omit the “or” at the end of paragraph (a), and
(b) after paragraph (b) insert
or
(c) the disclosure is made under section 89A or 89B.
(4) After section 89 insert—
Assignments and assignations of applications
89A (1) This section applies where—
(a) there is an assignment or assignation of an application made under section 82 from one person (“A”) to another (“B”), and
(b) the following are notified of the assignment or assignation—
(i) the owner of the pipeline or facility that is the subject of the application, and
(ii) the OGA.
(2) A notice under subsection (1)(b) must—
(a) be in writing, and
(b) specify the date of the assignment or assignation.
(3) For the purposes of this Chapter, anything done (or treated as done) by or in relation to A in connection with the application is treated after the assignment or assignation as having been done by or in relation to B. This subsection is subject to subsections (4) and (5) and does not apply for the purposes of subsections (6) and (7).
(4) Any provision of this Chapter that requires the OGA to give the applicant an opportunity to be heard has effect after the assignment or assignation as requiring the OGA to give B an opportunity to be heard (whether or not the applicant was heard under that provision before the assignment or assignation).
(5) Subsection (3) does not apply in relation to any notice given under section 87 before the assignment or assignation (and, accordingly, the person to whom the notice was given remains under an obligation to comply with it).
(6) Any information relating to the application obtained by the OGA before the assignment or assignation from any person who at the time was the applicant may be disclosed to B.
(7) Before disclosing any such information to B, the OGA must remove any information which the OGA considers may prejudice the commercial interests of the person from whom the information was obtained.
Transfers of ownership
89B (1) This section applies where the ownership of a pipeline or facility that is the subject of an application under section 82, or to which a notice under subsection (11) of that section relates, is transferred from one person (“C”) to another (“D”).
(2) For the purposes of this Chapter—
(a) anything done (or treated as done) by or in relation to C in connection with C's ownership of the pipeline or facility is treated after the transfer as having been done by or in relation to D, and
(b) any obligations imposed or rights conferred (or treated as imposed or conferred) by or under this Chapter on C in connection with C's ownership of the pipeline or facility are treated after the transfer as imposed or conferred on D.
This subsection is subject to subsections (3) and (4) and does not apply for the purposes of subsections (5) and (6).
(3) Any provision of this Chapter that requires the OGA to give the owner of the pipeline or facility an opportunity to be heard has effect after the transfer as requiring the OGA to give D an opportunity to be heard (whether or not the owner was heard under that provision before the transfer).
(4) Subsection (2) does not affect the obligation to comply with any notice given under section 87 before the transfer (and, accordingly, the person to whom the notice was given remains under an obligation to comply with it).
(5) Any information relating to the application obtained by the OGA before the transfer from any person who at the time was the owner may be disclosed to D.
(6) Before disclosing any such information to D, the OGA must remove any information which the OGA considers may prejudice the commercial interests of the person from whom the information was obtained.
73 Duty to act in accordance with strategy: decommissioning and alternatives
(1) Part 1A of the Petroleum Act 1998 (maximising economic recovery of UK petroleum) is amended as follows.
(2) In section 9A (the principal objective and the strategy), in subsection (1)(b), after sub-paragraph (iv) insert—
(v) owners of relevant offshore installations.
(3) In section 9C (carrying out of certain petroleum industry activities)—
(a) omit subsection (3), and
(b) after subsection (4) insert—
(5) A person who is the owner of—
(a) a relevant offshore installation, or
(b) upstream petroleum infrastructure,
must act in accordance with the current strategy or strategies when planning and carrying out the activities mentioned in subsection (6).
(6) Those activities are—
(a) the person's activities as the owner of the installation or infrastructure (including the development, construction, deployment and use of the infrastructure or installation);
(b) the abandonment or decommissioning of the installation or infrastructure.
(7) For the purposes of subsection (5), planning the activities mentioned in subsection (6)(b) includes the preliminary stage of—
(a) deciding whether or when to proceed with the proposed abandonment or decommissioning, and
(b) considering alternative measures to abandonment or decommissioning such as re-use or preservation.
(4) After section 9H insert—
Relevant offshore installations” and their owners
9HA (1) For the purposes of this Part an offshore installation is a relevant offshore installation if and in so far as it is used in relation to petroleum within subsection (2) (including such petroleum after it has been got).
(2) Petroleum is within this subsection if it is petroleum which for the time being exists in its natural condition in strata beneath—
(a) the territorial sea adjacent to Great Britain, or
(b) the sea in any area designated under section 1(7) of the Continental Shelf Act 1964.
(3) In this Part “owner”, in relation to a relevant offshore installation, means—
(a) a person in whom the installation is vested, and
(b) a lessee and any person occupying or controlling the installation.
(5) In section 9I (other definitions), at the appropriate place insert—
“offshore installation” has the same meaning as in Part 4 (see section 44);
;
“owner”, in relation to a relevant offshore installation, has the meaning given in section 9HA;
;
“relevant offshore installation” has the meaning given in section 9HA;
;
“submarine pipeline” has the meaning given in section 45;
.
74 Part 1A of the Petroleum Act 1998: Northern Ireland
(1) Part 1A of the Petroleum Act 1998 (maximising economic recovery of UK petroleum), as amended by this Act, extends to Northern Ireland (as well as to England and Wales and Scotland).
(2) In that Act, for section 9H substitute—
Upstream petroleum infrastructure” and its owners
9H (1) In this Part “upstream petroleum infrastructure” means anything that for the purposes of section 82(1) of the Energy Act 2011 is—
(a) a relevant upstream petroleum pipeline,
(b) a relevant oil processing facility, or
(c) a relevant gas processing facility,
if and in so far as it is used in relation to petroleum within subsection (2) (including such petroleum after it has been got).
(2) Petroleum is within this subsection if it is petroleum which for the time being exists in its natural condition in strata beneath—
(a) the territorial sea adjacent to Great Britain, or
(b) the sea in any area designated under section 1(7) of the Continental Shelf Act 1964.
(3) In this Part “owner”, in relation to upstream petroleum infrastructure, means—
(a) a person in whom the pipeline or facility is vested;
(b) a lessee and any person occupying or controlling the pipeline or facility; and
(c) any person who has the right to have things conveyed by the pipeline or processed by the facility.
75 International oil and gas agreements: information exchange
(1) This section applies where—
(a) there is a treaty or agreement in force between the government of the United Kingdom and the government of a territory outside the United Kingdom (“the overseas territory”) concerning cooperation in relation to oil and gas activities, and
(b) the treaty or agreement includes arrangements for the exchange of information between the two governments (“information exchange arrangements”).
(2) If it appears to the Secretary of State that adequate safeguards are in place, information held by the Secretary of State may be disclosed so far as the Secretary of State considers necessary for the purpose of giving effect to the treaty or agreement in question.
(3) If it appears to the OGA that adequate safeguards are in place, information held by the OGA may be disclosed so far as the OGA considers necessary for the purpose of giving effect to the treaty or agreement in question.
(4) For the purposes of this section adequate safeguards are in place if the information exchange arrangements and the law in force in the overseas territory are such as to ensure that information disclosed to the government of the overseas territory under this section may be disclosed by that government only—
(a) with the consent of the government of the United Kingdom, or
(b) so far as necessary for the purpose of preparing and publishing reports of a general nature.
(5) References in this section to the OGA are to the OGA acting as a representative of the government of the United Kingdom for the purposes of the agreement with the overseas territory.
(1) In Part 4A of the Energy Act 2008 (works detrimental to navigation: oil, gas, carbon dioxide and pipelines), before section 82P insert—
Fees
82OA (1) The Secretary of State may charge fees in connection with carrying out functions under this Part.
(2) The fees are to be determined by or in accordance with regulations made by the Secretary of State.
(3) The regulations may authorise the fees to be determined by or in accordance with a scheme made by the Secretary of State.
(2) In Part 4 of the Marine and Coastal Access Act 2009 (marine licences), after section 110 insert—
Fees
Fees: oil and gas activities for which marine licence needed
110A (1) The Secretary of State may charge fees in connection with carrying out functions under this Part, so far as relating to oil and gas activities for which a marine licence is needed.
(2) The fees are to be determined by or in accordance with regulations made by the Secretary of State.
(3) The regulations may authorise the fees to be determined by or in accordance with a scheme made by the Secretary of State.
(4) If the regulations provide for determining fees in connection with functions of the Secretary of State under section 67, the fees are to be those provided for by the regulations, and not those (if any) provided for by regulations under section 67(2) or determined under section 67(5).
(5) “Oil and gas activities” are activities which relate to operations regulated under any of the provisions listed in subsection (6).
(6) The provisions are—
(a) section 2 of the Petroleum (Production) Act 1934 (searching and boring for, and getting, petroleum);
(b) Part 1 of the Petroleum Act 1998 (searching and boring for, and getting, petroleum);
(c) Part 3 of the Petroleum Act 1998 (submarine pipelines);
(d) Part 4 of the Petroleum Act 1998 (abandonment of offshore installations);
(e) Part 1 of the Energy Act 2008 (gas importation and storage);
(f) Part 4 of the Energy Act 2008 (oil and gas).
(7) See Chapter 1 for when a marine licence is needed for activities.
(1) A fee charged by the Secretary of State at any time before the date on which this Act is passed (“the relevant time”) is taken to have been lawfully charged if the condition in subsection (2) is met.
(2) The condition is that the fee was charged in connection with carrying out functions under any of the provisions listed in subsection (3), as the provision in question had effect at the relevant time.
(3) The provisions are—
(a) Part 4A of the Energy Act 2008 (works detrimental to navigation: oil, gas, carbon dioxide and pipelines);
(b) Part 4 of the Marine and Coastal Access Act 2009 (marine licences), so far as relating to oil and gas activities for which a marine licence under that Part is needed;
(c) the Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) Regulations 1998 (S.I. 1998/1056);
(d) the Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1999 (S.I. 1999/360);
(e) the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001 (S.I. 2001/1754).
(4) “Oil and gas activities” are activities which relate to operations regulated under any of the provisions listed in subsection (5).
(5) The provisions are—
(a) section 2 of the Petroleum (Production) Act 1934 (searching and boring for, and getting, petroleum);
(b) Part 1 of the Petroleum Act 1998 (searching and boring for, and getting, petroleum);
(c) Part 3 of the Petroleum Act 1998 (submarine pipelines);
(d) Part 4 of the Petroleum Act 1998 (abandonment of offshore installations);
(e) Part 1 of the Energy Act 2008 (gas importation and storage);
(f) Part 4 of the Energy Act 2008 (oil and gas).
(6) See Chapter 1 of Part 4 of the Marine and Coastal Access Act 2009 for when a marine licence under that Part is needed for activities.
78 Onshore wind generating stations in England and Wales
In section 36 of the Electricity Act 1989 (consent of Secretary of State required for construction or extension of generating stations), after subsection (1C) insert—
(1D) Subsection (1) does not apply to an English or Welsh onshore wind generating station.
(1E) “English or Welsh onshore wind generating station” means a generating station that—
(a) generates electricity from wind, and
(b) is situated in England or Wales, but not in waters in or adjacent to England or Wales up to the seaward limits of the territorial sea.
79 Onshore wind power: closure of renewables obligation
(1) In Part 1 of the Electricity Act 1989 (electricity supply), after section 32LB insert—
Onshore wind generating stations: closure of renewables obligation
32LC (1) No renewables obligation certificates are to be issued under a renewables obligation order in respect of electricity generated after the onshore wind closure date by an onshore wind generating station.
(2) Subsection (1) does not apply to electricity generated in the circumstances set out in any one or more of sections 32LD to 32LL.
(3) In this section and sections 32LD to 32LL—
“the onshore wind closure date” means the date on which the Energy Act 2016 is passed;
“onshore wind generating station” means a generating station that—
generates electricity from wind, and
is situated in England, Wales or Scotland, but not in waters in or adjacent to England, Wales or Scotland up to the seaward limits of the territorial sea.
(4) The reference in subsection (1) to a renewables obligation order is to any renewables obligation order made under section 32 (whenever made, and whether or not made by the Secretary of State).
(5) Power to make provision in a renewables obligation order or a renewables obligation closure order (and any provision contained in such an order) is subject to subsection (1) and sections 32LD to 32LL.
(6) This section is not otherwise to be taken as affecting power to make provision in a renewables obligation order or renewables obligation closure order.
(2) The Renewables Obligation Closure Order 2014 (S.I. 2014/2388) is amended as follows.
(3) In article 2(1) (interpretation), after the definition of “network operator” insert—
“onshore wind generating station” means a generating station that—
(a) generates electricity from wind, and
(b) is situated in England, Wales or Scotland, but not in waters in or adjacent to England, Wales or Scotland up to the seaward limits of the territorial sea;
.
(4) In article 3 (closure of renewables obligation on 31st March 2017)—
(a) in the heading, after “solar pv stations” insert “ or onshore wind generating stations ”;
(b) in paragraph (1), after “solar pv station” insert “ or an onshore wind generating station ”.