The Carbon Dioxide Transport and Storage (Financing of Costs of Offshore Decommissioning) Regulations 2026
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Change 1
Schedule 3 Process for Secretary of State approval
Regulations 12 and 33 1 (1) Where the approval of the Secretary of State is required under these Regulations, the person making an approval request (“the requester”) must submit— (a) a written request to the Secretary of State, setting out the matter requiring approval, (b) where applicable, a draft of a document requiring approval, (c) evidence in support of the request, and (d) any other information required under these Regulations relating to the particular request. (2) Where approval is required by a particular date, the approval request must specify— (a) the date, (b) the reason why the person considers the date to be relevant, and (c) the consequences of delay in obtaining the approval. 2 (1) Upon receipt of an approval request, the Secretary of State may seek further information from the requester, or may indicate that modifications to a document are needed before approval can be granted. (2) The Secretary of State must reach a final decision on an approval request under the applicable provision of these Regulations, which may be to— (a) approve the request unconditionally, or with conditions, (b) approve a modified version of the request or document, or (c) reject the request, giving the reasons for the rejection. (3) Before making a final decision in respect of an approval request, the Secretary of State must consult the relevant regulators. 3 (1) The Secretary of State must notify the requester in writing and offer an opportunity for that person to make written representations, before the Secretary of State makes a final decision to— (a) attach conditions to an approval, (b) modify a request or document, or (c) reject a request. (2) The Secretary of State’s notification under sub-paragraph (1) may specify a date, which must be at least 14 days after the date of the Secretary of State’s notification, by which the requester may make representations. (3) The Secretary of State must consider the representations received under sub-paragraph (2), before making a final decision on an approval request. 4 The Secretary of State’s final decision on whether or not to approve a request must be made within a reasonable period of time, following the date on which the Secretary of State has been provided with the necessary information to reach a decision. 5 A reasonable period of time for the purposes of paragraph 4 depends upon— (a) the nature and complexity of the request; (b) the sufficiency of the information submitted by the requester, whether it was submitted in accordance with the timescale required under these Regulations and whether the sequencing of different submissions reflects any inter-dependency between different matters requiring Secretary of State approval; (c) whether the requester has been invited to provide more information or propose modifications under paragraph 2(1); (d) whether the requester, when submitting one document or matter for approval, has already submitted a different document or matter for approval. 6 A relevant person must provide a copy of the Secretary of State’s final decision on an approval request to the relevant regulators. 7 Where a relevant person is required by these Regulations to submit a matter for approval and the Secretary of State rejects an approval request— (a) the relevant person must submit a further approval request, remedying the matters leading to the rejection of the previous request, and (b) the process in this Schedule must be repeated. 8 In deciding whether to grant an approval under these Regulations, the Secretary of State is entitled to— (a) rely on information provided unless the Secretary of State has reason to doubt its accuracy; (b) consider other evidence, including that provided by other relevant regulators. 9 Where the Secretary of State has already approved a document submitted by the requester and a revised document is later submitted and approved, the later approval and later document are to be treated as replacing the previous approval and document, with effect from the date on which the Secretary of State notifies the requester of the approval. 10 The requester may withdraw an approval request submitted pursuant to these Regulations, but— (a) if the Secretary of State has approved the request, the approval remains effective unless and until— (i) a revised approval request is approved by the Secretary of State, or (ii) the Secretary of State withdraws the approval under paragraph 11; (b) a withdrawn request does not satisfy any requirement under these Regulations. 11 The Secretary of State may withdraw an approval given under these Regulations where— (a) the requester has provided false information or has deliberately omitted to provide relevant information, or (b) the requester makes a request under paragraph 10 to withdraw the approval request and the Secretary of State considers the approval should not remain in effect.
Schedule 3 Process for Secretary of State approval
Regulations 12 and 33 1 (1) Where the approval of the Secretary of State is required under these Regulations, the person making an approval request (“the requester”) must submit— (a) a written request to the Secretary of State, setting out the matter requiring approval, (b) where applicable, a draft of a document requiring approval, (c) evidence in support of the request, and (d) any other information required under these Regulations relating to the particular request. (2) Where approval is required by a particular date, the approval request must specify— (a) the date, (b) the reason why the person considers the date to be relevant, and (c) the consequences of delay in obtaining the approval. 2 (1) Upon receipt of an approval request, the Secretary of State may seek further information from the requester, or may indicate that modifications to a document are needed before approval can be granted. (2) The Secretary of State must reach a final decision on an approval request under the applicable provision of these Regulations, which may be to— (a) approve the request unconditionally, or with conditions, (b) approve a modified version of the request or document, or (c) reject the request, giving the reasons for the rejection. (3) Before making a final decision in respect of an approval request, the Secretary of State must consult the relevant regulators. 3 (1) The Secretary of State must notify the requester in writing and offer an opportunity for that person to make written representations, before the Secretary of State makes a final decision to— (a) attach conditions to an approval, (b) modify a request or document, or (c) reject a request. (2) The Secretary of State’s notification under sub-paragraph (1) may specify a date, which must be at least 14 days after the date of the Secretary of State’s notification, by which the requester may make representations. (3) The Secretary of State must consider the representations received under sub-paragraph (2), before making a final decision on an approval request. 4 The Secretary of State’s final decision on whether or not to approve a request must be made within a reasonable period of time, following the date on which the Secretary of State has been provided with the necessary information to reach a decision. 5 A reasonable period of time for the purposes of paragraph 4 depends upon— (a) the nature and complexity of the request; (b) the sufficiency of the information submitted by the requester, whether it was submitted in accordance with the timescale required under these Regulations and whether the sequencing of different submissions reflects any inter-dependency between different matters requiring Secretary of State approval; (c) whether the requester has been invited to provide more information or propose modifications under paragraph 2(1); (d) whether the requester, when submitting one document or matter for approval, has already submitted a different document or matter for approval. 6 A relevant person must provide a copy of the Secretary of State’s final decision on an approval request to the relevant regulators. 7 Where a relevant person is required by these Regulations to submit a matter for approval and the Secretary of State rejects an approval request— (a) the relevant person must submit a further approval request, remedying the matters leading to the rejection of the previous request, and (b) the process in this Schedule must be repeated. 8 In deciding whether to grant an approval under these Regulations, the Secretary of State is entitled to— (a) rely on information provided unless the Secretary of State has reason to doubt its accuracy; (b) consider other evidence, including that provided by other relevant regulators. 9 Where the Secretary of State has already approved a document submitted by the requester and a revised document is later submitted and approved, the later approval and later document are to be treated as replacing the previous approval and document, with effect from the date on which the Secretary of State notifies the requester of the approval. 10 The requester may withdraw an approval request submitted pursuant to these Regulations, but— (a) if the Secretary of State has approved the request, the approval remains effective unless and until— (i) a revised approval request is approved by the Secretary of State, or (ii) the Secretary of State withdraws the approval under paragraph 11; (b) a withdrawn request does not satisfy any requirement under these Regulations. 11 The Secretary of State may withdraw an approval given under these Regulations where— (a) the requester has provided false information or has deliberately omitted to provide relevant information, or (b) the requester makes a request under paragraph 10 to withdraw the approval request and the Secretary of State considers the approval should not remain in effect.
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