91B Regulations under section 91A(1): further provision
(1) Regulations under section 91A(1)—
(a) must make provision so as to ensure that a smart meter communication licence must not be granted to a person unless the Authority is satisfied that the person would not, if granted the licence, have a financial or other interest likely to prejudice the discharge of their functions as the licence holder;
(b) may make provision about the granting of a licence to a person formed by the Authority.
(2) Any sums received by the Authority under regulations under section 91A(1) are to be paid into the Consolidated Fund.
(3) Regulations made in reliance on section 91A(2)(a) may—
(a) provide for the publication of a proposal to grant a smart meter communication licence;
(b) provide for the inclusion in such a proposal of an invitation to apply for such a licence;
(c) impose conditions in relation to the making of an application for a licence;
(d) impose restrictions in relation to persons who may apply for a licence;
(e) impose requirements as to the period within which applications must be made;
(f) make provision for regulating the manner in which applications are to be considered or determined;
(g) confer on the Authority functions in connection with tender exercises.
(4) Regulations in reliance on section 91A(2)(a) may also include provision—
(a) enabling the Authority to require payments to be made, in the form and manner prescribed, in respect of costs incurred or likely to be incurred by the Authority for the purposes of a tender exercise;
(b) about the effect on a person’s participation in a tender exercise of a failure to comply with a requirement imposed by virtue of paragraph (a);
(c) about the circumstances in which the tender exercise is to stop as a result of such a failure.
(5) In this section—
“prescribed” means prescribed in or determined under regulations under section 91A(1);
“tender exercise” means the procedure set out in regulations made in reliance on section 91A(2)(a) for determining to whom a particular smart meter communication licence is to be granted.
91C Power of Gas and Electricity Markets Authority to amend licence conditions etc
(1) The Authority may modify—
(a) a condition of a particular relevant licence;
(b) the standard conditions incorporated in relevant licences of a particular type;
(c) a document maintained in accordance with the conditions of a relevant licence, or an agreement that gives effect to a document so maintained.
(2) The Authority may exercise the power in subsection (1) only if the Authority considers it necessary or expedient to do so for the purposes of, or in preparation for, the grant of a smart meter communication licence.
(3) The power conferred by subsection (1)—
(a) may be exercised to make different provision for different purposes or different areas;
(b) may be exercised generally, only in relation to specified cases or subject to exceptions (including provision for a case to be excepted only so long as specified conditions are satisfied);
(c) includes a power to make incidental, supplementary, consequential or transitional modifications.
(4) Provision included in a licence in reliance on subsection (1)—
(a) need not relate to the activities authorised by the licence;
(b) in the case of a licence for the purposes of section 5 of the Gas Act 1986, may do any of the things authorised by section 7B(5) of that Act (which apply to the Authority’s power with respect to licence conditions under section 7B(4)(a));
(c) in the case of a licence for the purposes of section 4 of the Electricity Act 1989, may do any of the things authorised by section 7(2) to (4) of that Act (which apply to the Authority’s power with respect to licence conditions under section 7(1)(a)).
(5) A modification under subsection (1) of part of a standard condition of a licence does not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of Part 1 of the Gas Act 1986 or Part 1 of the Electricity Act 1989.
(6) Where the Authority makes modifications under subsection (1) of the standard conditions of a licence of any type, the Authority must—
(a) make (as nearly as may be) the same modifications of those standard conditions for the purposes of their incorporation in licences of that type granted after that time, and
(b) publish the modifications.
(7) In this section—
“relevant licence” means a licence for the purposes of section 5 of the Gas Act 1986 or section 4 of the Electricity Act 1989 (prohibitions on unlicensed activities);
“specified” means specified in the modification.
(1) Before making a modification under section 91C, the Authority must consult—
(a) the holder of any licence being modified,
(b) the Secretary of State, and
(c) such other persons as the Authority considers appropriate.
(2) Subsection (1) may be satisfied by consultation undertaken before the passing of the Data (Use and Access) Act 2025.
(3) If, after carrying out the consultation, the Authority decides to make the modification, it must publish a notice about the decision which—
(a) states that the Authority has decided to make the modification;
(b) sets out the modification and its effect;
(c) specifies the date from which the modification has effect;
(d) states how the Authority has taken account of any representations made during the consultation;
(e) states the reason for any differences between the modification consulted on and the proposed modification.
(4) The notice must be published in such manner as the Authority considers appropriate for bringing it to the attention of those likely to be affected by the making of the modification.
(1) The functions of the Gas and Electricity Markets Authority (“the Authority”) under gas meter legislation are transferred to the Secretary of State.
(2) References in gas meter legislation to the Authority (including references in that legislation which, by virtue of section 3(2) of the Utilities Act 2000 (c. 27), are treated as references to the Authority) are to be treated, so far as necessary for the purposes or in consequence of the transfer, as if they were references to the Secretary of State.
(3) Regulations made, or treated as made, by the Authority under section 17 of the Gas Act 1986 (gas meter testing and stamping) and in force immediately before commencement have effect on and after commencement as if they had been made by the Secretary of State.
(4) Anything else done by the Authority under gas meter legislation which has effect immediately before commencement has effect on and after commencement as if it had been done by the Secretary of State.
(5) In this section—
“commencement” means the day on which this section comes into force;
“gas meter legislation” means—
section 17 of the Gas Act 1986 (c. 44), and
gas meter regulations;
“gas meter regulations” means—
the Measuring Instruments (EEC Requirements) Regulations 1988 (S.I. 1988/186);
the Measuring Instruments (EEC Requirements) (Gas Volume Meters) Regulations 1988 (S.I. 1988/296);
the Measuring Instruments (Non-Prescribed Instruments) Regulations 2006 (S.I. 2006/1270);
the Measuring Instruments (Gas Meters) Regulations 2006 (S.I. 2006/2647);
any regulations made, or treated as made, under section 17 of the Gas Act 1986.
(1) Section 17 of the Gas Act 1986 is amended as follows.
(2) In subsection (2) for the words “a member of the Director's staff” (which, by virtue of section 3(2) of the Utilities Act 2000 (c. 27), are treated as a reference to a member of the staff of the Gas and Electricity Markets Authority) substitute “ employed in the civil service of the State ”.
(3) In subsections (7), (8) and (10) for the words “members of the Director's staff” (which, by virtue of section 3(2) of the Utilities Act 2000, are treated as references to members of the Authority's staff) substitute “ employed in the civil service of the State ”.
(4) After subsection (7) insert—
(7A) The Secretary of State may pay, out of money provided by Parliament, to meter examiners who are not employed in the civil service of the State or to any employer of such examiners—
(a) sums in connection with the performance by such examiners of functions conferred by or under this section or gas meter regulations (within the meaning of section 92 of the Energy Act 2008), and
(b) sums in respect of any pension payable to or in respect of such examiners.
(5) In subsection (9) omit “with the consent of the Secretary of State”.
(1) The Secretary of State may modify—
(a) the conditions of a particular licence under section 7 of the Gas Act 1986;
(b) the standard conditions incorporated in licences under that section by virtue of section 8 of that Act.
(2) The Secretary of State may exercise the power in subsection (1) for the purpose only of enabling the Gas and Electricity Markets Authority (“the Authority”) to recover and pay into the Consolidated Fund amounts in respect of—
(a) payments made by the Secretary of State by virtue of section 17(7) or (7A) of the Gas Act 1986 (c. 44);
(b) other costs incurred by the Secretary of State in performing a function conferred by section 17 of the Gas Act 1986 or by gas meter regulations (within the meaning of section 92).
(3) The power in subsection (1) includes a power to make incidental, consequential or transitional modifications.
(4) Before making a modification under this section the Secretary of State must consult—
(a) the holder of any licence being modified,
(b) the Authority, and
(c) such other persons as the Secretary of State considers appropriate.
(5) Subsection (4) may be satisfied by consultation before, as well as by consultation after, the time when this section comes into force.
(6) The Secretary of State must publish modifications under this section.
(7) A modification under subsection (1)(a) of part of a standard condition of a licence does not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of Part 1 of the Gas Act 1986.
(8) Where the Secretary of State modifies the standard conditions under subsection (1)(b), the Authority must—
(a) make the same modifications of those standard conditions for the purposes of their incorporation in licences granted after that time, and
(b) publish the modifications.
(9) The power under subsection (1) may not be exercised after the end of the period of 6 months beginning with the day on which that subsection comes into force.
(1) The functions of the Gas and Electricity Markets Authority (“the Authority”) under electricity meter legislation are transferred to the Secretary of State.
(2) References in electricity meter legislation to the Authority (including references in that legislation which, by virtue of section 3(2) of the Utilities Act 2000 (c. 27), are treated as references to the Authority) are to be treated, so far as necessary for the purposes or in consequence of the transfer, as if they were references to the Secretary of State.
(3) Regulations made, or treated as made, by the Authority under Schedule 7 (other than paragraph 12 of that Schedule) to the Electricity Act 1989 (c. 29) (electricity meters) and in force immediately before commencement have effect on and after commencement as if they had been made by the Secretary of State.
(4) Anything else done by the Authority under electricity meter legislation which has effect immediately before commencement is treated on and after commencement as if it had been done by the Secretary of State.
(5) In this section—
“commencement” means the day on which this section comes into force;
“electricity meter legislation” means—
Schedule 7 (other than paragraph 12 of that Schedule) to the Electricity Act 1989 (c. 29), and
electricity meter regulations;
“electricity meter regulations” means—
the Measuring Instruments (EC Requirements) (Electrical Energy Meters) Regulations 1995 (S.I. 1995/2607);
the Electromagnetic Compatibility Regulations 2006 (S.I. 2006/3418);
the Measuring Instruments (Active Electrical Energy Meters) Regulations 2006 (S.I. 2006/1679);
any regulations made under Schedule 7 (other than paragraph 12 of that Schedule) to the Electricity Act 1989.
(1) The Electricity Act 1989 is amended as follows.
(2) In section 106 (regulations and orders), in subsection (1) after “conferred by” insert “ section 23, ”.
(3) In paragraph 1 of Schedule 7 (consumption to be monitored by appropriate meters)—
(a) for sub-paragraph (7) substitute—
(7) In relation to a dispute arising under this paragraph between an electricity supplier and a customer, section 23 of this Act applies with the substitution, for references to the Authority (and references treated as references to the Authority) of references to the Secretary of State.
, and
(b) in sub-paragraphs (8) and (9), after “section 23 of this Act” insert “ (as modified by sub-paragraph (7)) ”.
(4) In paragraph 4 of that Schedule (appointment of meter examiners)—
(a) in sub-paragraph (2) after “examiners” insert “ employed in the civil service of the State ”,
(b) after that sub-paragraph insert—
(2A) The Secretary of State may pay, out of money provided by Parliament, to meter examiners who are not employed in the civil service of the State or to any employer of such examiners—
(a) sums in connection with the performance by such examiners of functions conferred by or under this Schedule or electricity meter regulations (within the meaning of section 95 of the Energy Act 2008), and
(b) sums in respect of any pension payable to or in respect of such examiners.
, and
(c) in sub-paragraph (3) after “examiners” insert “ employed in the civil service of the State ”.
(5) In paragraph 5 of that Schedule (certification of meters), in sub-paragraph (4)(b) after “paid” (in the first place) insert “ to meter examiners employed in the civil service of the State ”.
(6) In paragraph 6 of that Schedule (apparatus for testing etc of meters), in sub-paragraph (2) for “their functions under” substitute “ functions conferred by or under ”.
(7) In paragraph 7 of that Schedule (testing etc of meters)—
(a) in sub-paragraph (1) after “examiner” insert “ employed in the civil service of the State ”, and
(b) in sub-paragraph (3) after “paid” (in the first place) insert “ to meter examiners employed in the civil service of the State ”.
(8) For paragraph 10 of that Schedule (meters to be kept in proper order), for sub-paragraph (2A) substitute—
(2A) In relation to a dispute arising under this paragraph between an electricity supplier and a customer, section 23 of this Act applies, with the substitution for references to the Authority (and references treated as references to the Authority) of references to the Secretary of State.
(9) In paragraph 13 of that Schedule (interpretation) for the definition of “regulations” substitute—
“regulations” means—
(a) in paragraph 12, regulations made by the Authority with the consent of the Secretary of State, and
(b) in every other case, regulations made by the Secretary of State.
(1) The Secretary of State may modify—
(a) a condition of a particular licence under section 6(1)(b) or (c) of the Electricity Act 1989 (c. 29) (transmission and distribution licences);
(b) the standard conditions incorporated in licences under those provisions by virtue of section 8A of that Act.
(2) The Secretary of State may exercise the power in subsection (1) for the purpose only of enabling the Gas and Electricity Markets Authority (“the Authority”) to recover and pay into the Consolidated Fund amounts in respect of—
(a) payments made by the Secretary of State by virtue of paragraph 4(2) or (2A) of Schedule 7 to the Electricity Act 1989 (payments relating to meter examiners);
(b) other costs incurred by the Secretary of State in performing a function conferred by Schedule 7 to the Electricity Act 1989 or by electricity meter regulations (within the meaning of section 95).
(3) The power in subsection (1) includes a power to make incidental, consequential or transitional modifications.
(4) Before making a modification under this section the Secretary of State must consult—
(a) the holder of any licence being modified,
(b) the Authority, and
(c) such other persons as the Secretary of State considers appropriate.
(5) Subsection (4) may be satisfied by consultation before, as well as by consultation after, the time when this section comes into force.
(6) The Secretary of State must publish modifications under this section.
(7) A modification under subsection (1)(a) of part of a standard condition of a licence does not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of Part 1 of the Electricity Act 1989 (c. 29).
(8) Where the Secretary of State modifies the standard conditions of licences of any type under subsection (1)(b), the Authority must—
(a) make the same modifications of those standard conditions for the purposes of their incorporation in licences of that type granted after that time, and
(b) publish the modifications.
(9) The power under subsection (1) may not be exercised after the end of the period of 6 months beginning with the day on which that subsection comes into force.
98 Costs connected with making an offer of connection
(1) Section 16A of the Electricity Act 1989 (procedure for requiring a connection) is amended as follows.
(2) After subsection (4) insert—
(4A) The Secretary of State may, after consulting the Authority, make provision by regulations for the purpose of entitling an electricity distributor to require a person requiring a connection in pursuance of section 16(1) to pay connection offer expenses to such extent as is reasonable in all the circumstances.
(4B) In this section “connection offer expenses” means expenses which—
(a) are of a kind specified by the regulations, and
(b) have been reasonably incurred by the electricity distributor.
(4C) Regulations under subsection (4A) may specify—
(a) circumstances in which an electricity distributor may not require the payment of connection offer expenses by virtue of the regulations;
(b) the manner in which expenses reasonably incurred by an electricity distributor are to be calculated for the purposes of subsection (4B)(b).
(3) In subsection (5) for “and any information” to “connection” substitute “ , any information requested under subsection (3) and any amount payable by virtue of subsection (4A) to the distributor by the person requiring the connection, the distributor shall give to that person ”.
(1) The Secretary of State may make regulations—
(a) establishing a scheme to facilitate and encourage renewable generation of heat, and
(b) about the administration and financing of the scheme.
(1A) Regulations under this section may confer any function on any person.
(1B) Regulations under this section may provide for a function conferred on a person to be exercisable on behalf of another person.
(2) Regulations under this section may, in particular—
(a) make provision giving any of the following persons entitlements to payments (“RHI payments”) in specified circumstances—
(i) the owner of plant used or intended to be used for the renewable generation of heat, whether or not the owner is also operating or intending to operate the plant;
(ii) a producer of biogas or biomethane;
(iii) a producer of biofuel for generating heat;
(b) make provision about the calculation of RHI payments;
(ba) make provision about the circumstances in which, and descriptions of persons to whom, the whole or a part of an entitlement to an RHI payment may be assigned (whether the person has the entitlement by virtue of regulations under paragraph (a) or regulations under this paragraph);
(bb) authorise or require the Secretary of State, the Authority, designated fossil fuel suppliers, or any person with any other administration function, to make an RHI payment—
(i) to the person who is entitled to the payment by virtue of regulations under paragraph (a), or
(ii) where that entitlement has been wholly or partly assigned in accordance with regulations under this section, to the person or persons for the time being enjoying the entitlement or any part of it;
(c) make provision about the circumstances in which RHI payments may be recovered;
(d) authorise or require a person to provide specified information;
(e) require the payment of a levy by designated fossil fuel suppliers ...;
(f) make provision about the calculation of the levy;
(g) make provision for payments to fossil fuel suppliers in specified circumstances;
(h) make provision about the enforcement of obligations imposed by or by virtue of the regulations (which may include a power ... to impose financial penalties);
(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(j) authorise the Secretary of State to make payments to a person in respect of the exercise by the person of functions under regulations under this section;
(k) make provision about the resolution of disputes relating to the exercise of functions under regulations under this section, including provision about arbitration or appeals (which may, in particular, provide for the person conducting an arbitration or determining an appeal to order the payment of costs or compensation).
(3) In this section—
“Authority” means the Gas and Electricity Markets Authority;
“biofuel” means liquid or gaseous fuel which is produced wholly from biomass;
“biogas” means gas produced by the anaerobic or thermal conversion of biomass;
“biomass” means material, other than fossil fuel or peat, which is, or is derived directly or indirectly from, plant matter, animal matter, fungi or algae;
“biomethane” means biogas which is suitable for conveyance through pipes to premises in accordance with a licence under section 7 of the Gas Act 1986 (c. 44) (gas transporter licences);
“designated fossil fuel suppliers” means—
if the regulations so provide, a specified class of fossil fuel suppliers, and
in any other case, all fossil fuel suppliers;
“fossil fuel” means—
coal;
lignite;
natural gas (within the meaning of the Energy Act 1976 (c. 76));
crude liquid petroleum;
petroleum products (within the meaning of that Act);
any substance produced directly or indirectly from a substance mentioned in paragraphs (a) to (e);
“fossil fuel supplier” means a person who supplies fossil fuel to consumers for the purpose of generating heat;
“ other administration function ” means a function relating to the administration of a scheme established under this section, other than a function conferred by regulations under subsection (2)(bb);
“owner”, in relation to any plant which is the subject of a hire purchase agreement, a conditional sale agreement or any agreement of a similar nature, means the person in possession of the plant under that agreement;
“plant” includes any equipment, apparatus or appliance;
“renewable generation of heat” means the generation of heat by means of a source of energy or technology mentioned in subsection (4).
(4) The sources of energy and technologies are—
(a) biomass;
(b) biofuels;
(c) fuel cells;
(d) water (including waves and tides);
(e) solar power;
(f) geothermal sources;
(g) heat from air, water or the ground;
(h) combined heat and power systems (but only if the system's source of energy is a renewable source within the meaning given by section 32M of the Electricity Act 1989 (c. 29));
(ha) thermal energy storage systems (but only if the source of stored energy is wholly or in part a renewable source within that meaning);
(i) biogas.
(5) Regulations may—
(a) modify the list of sources of energy and technologies in subsection (4);
(b) modify the definition of “biogas” or “biomass” in subsection (3).
(6) Regulations may make provision, for the purposes of subsection (2)(a)(iii) and the definition of “fossil fuel supplier”, specifying that particular activities do or do not constitute generating heat.
(7) Before making regulations under this section which extend to Scotland, the Secretary of State must—
(a) if the regulations contain any provision which would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament, obtain the consent of the Scottish Ministers;
(b) in any other case, consult the Scottish Ministers.
102 Application of general duties to functions relating to licences
(1) Sections 4AA to 4B of the Gas Act 1986 (c. 44) (principal objectives and general duties) apply to the carrying out, as respects the matters mentioned in subsection (2), of functions conferred on the Secretary of State or the Authority by or under—
(a) sections 88 to 90;
(b) section 94.
(2) The matters are—
(a) activities required to be authorised by gas licences,
(b) such licences and the conditions of such licences,
(c) documents maintained in accordance with the conditions of such licences, or agreements that give effect to documents so maintained, and
(d) companies holding such licences.
(3) In section 4AA(2)(b) of the Gas Act 1986 (c. 44) (duty to have regard to ability of licence holders to finance obligations) for “or the Utilities Act 2000” substitute “ , the Utilities Act 2000 or Part 5 of the Energy Act 2008 ”.
(4) Sections 3A to 3D of the Electricity Act 1989 (c. 29) (principal objectives and general duties) apply to the carrying out, as respects the matters mentioned in subsection (5), of functions conferred on the Secretary of State or the Authority by or under—
(a) sections 41 to 43;
(b) sections 84 to 86;
(c) sections 88 to 90;
(d) section 97.
(5) The matters are—
(a) activities required to be authorised by electricity licences,
(b) such licences and the conditions of such licences,
(c) documents maintained in accordance with the conditions of such licences, or agreements that give effect to documents so maintained, and
(d) companies holding such licences.
(6) In section 3A(2)(b) of the Electricity Act 1989 (duty to have regard to ability of licence holders to finance obligations) for “or Part 2 or 3 of the Energy Act 2004” substitute “ , Part 2 or 3 of the Energy Act 2004 or Part 2 or 5 of the Energy Act 2008 ”.
(7) In this section—
“the Authority” means the Gas and Electricity Markets Authority;
“electricity licence” means a licence for the purposes of section 4 of the Electricity Act 1989 (prohibition on unlicensed activities);
“gas licence” means a licence for the purposes of section 5 of the Gas Act 1986 (prohibition on unlicensed activities).
(1) Where an offence is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of, an officer of the body corporate, that officer (as well as the body corporate) is guilty of the offence and is liable to be proceeded against and dealt with accordingly.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member's functions of management as it applies to an officer of the body corporate.
(3) Where an offence—
(a) is committed by a Scottish firm, and
(b) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner of the firm,
the partner (as well as the firm) is guilty of the offence and liable to be proceeded with and dealt with accordingly.
(4) In this section—
“offence” means an offence under this Act;
“officer”, in relation to a body corporate, means—
any director, secretary or other similar officer of the body corporate, or
any person who was purporting to act in any such capacity.
(1) Orders and regulations made by the Secretary of State , the Scottish Ministers or the Gas and Electricity Markets Authority under this Act are to be made by statutory instrument.
(2) An instrument to which this subsection applies may—
(a) provide for a person to exercise a discretion in dealing with any matter;
(b) include incidental, supplementary and consequential provision;
(c) make transitory or transitional provisions or savings;
(d) make provision generally, only in relation to specified cases or subject to exceptions (including provision for a case to be excepted only so long as conditions specified in the instrument are satisfied);
(e) make different provision for different cases or circumstances or for different purposes.
(3) Subsection (2) applies to—
(a) an Order in Council under this Act,
(b) an order or regulations made by the Secretary of State or the Scottish Ministers under this Act (other than an order which contains provision made under section 110 (commencement) only) , and
(c) regulations made by the Gas and Electricity Markets Authority under section 91A.
(4) The provision which may be made by virtue of subsection (2)(b) or (c) includes provision modifying any provision made by or under an Act or an Act of the Scottish Parliament (whenever passed or made).
105 Parliamentary control of subordinate legislation
(1) A statutory instrument containing an Order in Council, order or regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.
(2) Subsection (1) does not apply to—
(a) an order which contains, or regulations which contain, (whether alone or together with other provision) provision made under—
(i) section 13 (importation and storage of combustible gas: inspectors),
(ii) section 27 (carbon dioxide storage: inspectors),
(iii) section 41(6) (feed-in tariffs for small-scale electricity generation),
(iv) section 45(6)(a) (power to specify matters as designated technical matters),
(v) section 62(1) (power to apply Chapter 1 of Part 3 to other nuclear installations), or
(va) section 82N (power to make regulations in relation to persons appointed as inspectors etc),
(vb) section 82P (power to extend application of Part 4A),
(vi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ab) regulations which contain (whether alone or together with other provision) affirmative resolution provision made under section 100 (renewable heat incentives);
(b) an order, regulations or Order in Council which contains (whether alone or together with other provision) provision which, by virtue of section 43(3)(b), 86(3), 90(3), 104(4), 107(2)(a) or 109(3)(a) modifies an Act or an Act of the Scottish Parliament;
(c) an order which contains provision made under section 110 (commencement orders) only.
(3) No order, regulations or recommendation to make an Order in Council, within subsection (2)(a) , (ab) or (b), may be made unless a draft of the order, regulations or Order in Council has been laid before, and approved by a resolution of, each House of Parliament.
(3A) Provision made under section 100 is affirmative resolution provision if—
(a) the provision is made under any of the powers which always attract the affirmative resolution procedure, or
(b) the provision—
(i) is not made under any of those powers, and
(ii) meets condition A, B, C or D.
(3B) The powers which always attract the affirmative resolution procedure are the powers conferred by—
(a) section 100(2)(c), (e), (f), (g), (h) and (k),
(b) section 100(5), and
(c) section 100(6).
(3C) Provision meets condition A if—
(a) it is made under the power conferred by section 100(2)(bb), and
(b) it requires a designated fossil fuel supplier to make a payment under an RHI scheme.
(3D) Provision meets condition B if—
(a) it confers an administration function on a person who is not the Secretary of State or the Authority, and
(b) the time when the provision comes into force will be the first time that an administration function under the RHI scheme concerned is exercisable by a person who is not the Secretary of State or the Authority.
(3E) Provision meets condition C if—
(a) it is made under a power conferred by paragraph (ba) or (bb)(ii) of section 100(2),
(b) it is made in relation to an RHI scheme that was in existence immediately before the coming into force of this subsection, and
(c) it is the first provision to be made under that power in relation to that RHI scheme.
(3F) Provision meets condition D if—
(a) it is made under a power conferred by paragraph (a), (b), (ba), (bb), (d) or (j) of section 100(2),
(b) it is made in relation to an RHI scheme that was not in existence immediately before the coming into force of this subsection, and
(c) it is the first provision to be made under that power in relation to that RHI scheme.
(3G) In deciding whether provision meets condition B, the following matters must be ignored—
(a) for the purposes of subsection (3D)(a): any provision which confers a payment function on designated fossil fuel suppliers;
(b) for the purposes of subsection (3D)(b): any payment function under the RHI scheme concerned which (before the time when the provision comes into force) is, or has been, exercisable by designated fossil fuel suppliers.
(3H) The fact that provision is to some extent made under a power conferred by section 100(1), (1A) or (1B) does not prevent that provision from being taken (for the purposes of subsections (3A) to (3F)) as being made under any other power conferred by section 100.
(3I) In subsections (3B) to (3H) and this subsection—
“ administration function ” means a function relating to the administration of an RHI scheme;
“ designated fossil fuel suppliers ” has the same meaning as in section 100;
“ payment function ” means a function of making a payment under an RHI scheme (whether the function authorises or requires the making of the payment);
“ RHI scheme ” means a scheme under section 100 to facilitate and encourage renewable generation of heat.
(4) In the case of a statutory instrument containing an order or regulations made by the Scottish Ministers, this section has effect as if—
(a) in subsection (1) the reference to either House of Parliament were a reference to the Scottish Parliament,
(b) in subsection (2)(b) for “107(2)(a)” there were substituted “ 107(3)(a) ”, and
(c) in subsection (3) the reference to each House of Parliament were a reference to the Scottish Parliament.
In this Act—
“functions” includes powers and duties;
“modify” includes amend, add to, revoke or repeal (and references to “modifications” are to be construed accordingly);
“territorial sea” means the territorial sea adjacent to the United Kingdom.
(1) Schedule 5 contains minor and consequential amendments.
(2) The Secretary of State may by order make such modifications of—
(a) an Act, or Act of the Scottish Parliament, passed before the end of the session in which this Act was passed, or
(b) an instrument made before the end of that session,
as the Secretary of State considers appropriate in consequence of this Act.
(3) The Scottish Ministers may by order make such modifications of—
(a) an Act, or Act of the Scottish Parliament, passed before the end of the session in which this Act was passed, or
(b) an instrument made before the end of that session,
as the Scottish Ministers consider appropriate in consequence of Chapter 3 of Part 1 of this Act as that Chapter applies in relation to the territorial sea adjacent to Scotland (within the meaning of that Chapter) or in relation to functions of the Scottish Ministers.
(1) The Secretary of State may by order make any transitional, transitory or saving provision which appears appropriate in consequence of, or otherwise in connection with, this Act.
(2) The Scottish Ministers may by order make any transitional, transitory or saving provision which appears appropriate in consequence of, or otherwise in connection with, Chapter 3 of Part 1 of this Act as that Chapter applies in relation to the territorial sea adjacent to Scotland (within the meaning of that Chapter) or in relation to functions of the Scottish Ministers.
(3) The provision which may be made by virtue of subsection (1) or (2) includes provision modifying any provision made by—
(a) an Act, or Act of the Scottish Parliament, passed before the end of the session in which this Act was passed, or
(b) an instrument made before the end of that session.
(4) Provision made under this section is additional, and without prejudice, to that made by or under any other provision of this Act.
(1) The following provisions come into force on the day on which this Act is passed—
(a) section 37, so far as is necessary for enabling the exercise on or after that day of any power to make an order that is conferred by virtue of that section, and section 38(1);
(b) sections 88 to 91 (and sections 104 and 105 in so far as those sections apply in relation to orders made under section 90(3)) and Schedule 4;
(c) section 102;
(d) this section and sections 106, 111, 112 and 113;
(e) paragraph 5 of Schedule 5 (and section 107(1) so far as it relates to that paragraph).
(2) Subject to that, the provisions of this Act come into force on such day as may be appointed by order of the Secretary of State.
(3) An order under this section may—
(a) include incidental, supplementary and consequential provision;
(b) make transitory or transitional provisions or savings;
(c) make different provision for different cases or circumstances or for different purposes.
The following are to be paid out of money provided by Parliament—
(a) any expenditure incurred by the Secretary of State by virtue of this Act;
(b) any expenditure incurred by the Gas and Electricity Markets Authority by virtue of this Act;
(c) any increase attributable to this Act in the sums payable out of money so provided under any other enactment.
(1) Subject to subsections (2) to (5), this Act extends to England and Wales, Scotland and Northern Ireland.
(2) The following provisions extend to England and Wales and Scotland only—
(a) section 38 (renewables obligation: supplemental provision);
(b) sections 41 to 43 (feed-in tariffs for small-scale electricity generation);
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) sections 84 to 86 (power to amend licence conditions: transmission systems);
(e) sections 88 to 90 (smart meters);
(f) sections 92 to 97 (gas and electricity meters);
(g) section 99 (electricity safety);
(h) section 100 (renewable heat incentives);
(i) section 102 (general duties of Authority and Secretary of State).
(3) Chapter 1 of Part 3 ...(nuclear decommissioning) extends to England and Wales and Northern Ireland only.
(4) Section 40(2) to (4) (the Northern Ireland renewables obligation) extend to Northern Ireland only.
(5) An amendment or repeal contained in this Act has the same extent as the enactment or relevant part of the enactment to which the amendment or repeal relates.
SCHEDULE 1 Amendments relating to Chapters 2 and 3 of Part 1
Section 36
Food and Environment Protection Act 1985 (c. 48)
1 The Food and Environment Protection Act 1985 is amended as follows.
2 In section 7A (regulation of deposits made in the sea: exclusion of certain oil and gas activities)—
(a) the existing provision becomes subsection (1), and
(b) after that subsection insert—
(2) Nothing in this Part of this Act applies to anything done in the course of carrying on an activity for which a licence under section 4 or 18 of the Energy Act 2008 is required (gas unloading, storage and recovery, and carbon dioxide storage).
(3) For this purpose, activities are to be regarded as activities for which such a licence is required if, by virtue of such a licence, they are activities which may be carried on only with the consent of the Secretary of State or another person.
(4) Subsection (2) does not apply in relation to anything done in the course of carrying out an activity for which a licence under section 4 of the Energy Act 2008 is required in, under or over—
(a) the territorial sea adjacent to Scotland, Wales or Northern Ireland, or
(b) waters in a Gas Importation and Storage Zone which are United Kingdom controlled waters adjacent to Scotland.
(5) Subsection (2) does not apply in relation to anything done in, under or over the territorial sea adjacent to Wales or Northern Ireland in the course of carrying on an activity for which a licence under section 18 of the Energy Act 2008 is required.
3 In section 24 (interpretation)—
(a) in subsection (1), after the definition of “Convention State” insert—
“Gas Importation and Storage Zone” has the meaning given by section 1 of the Energy Act 2008;
, and
(b) after subsection (2) insert—
(2A) An order or Order in Council made under or by virtue of section 158(3) or (4) of the Government of Wales Act 2006 (apportionment of sea areas) has effect for the purposes of Part 2 of this Act if, or to the extent that, the order or Order in Council is expressed to apply—
(a) by virtue of this subsection, for the purposes of Part 2 of this Act, or
(b) if no provision has been made by virtue of paragraph (a), for the general or residual purposes of that Act.
Petroleum Act 1987 (c. 12)
4 (1) Section 21 of the Petroleum Act 1987 (automatic establishment of safety zones) is amended as follows.
(2) In subsection (2)—
(a) after paragraph (a) insert—
(aa) the exploration of any place in, under or over such waters with a view to the storage of gas in such a place;
(ab) the conversion of any place in, under or over such waters for the purpose of storing gas;
,
(b) in paragraph (b), for “in or under the shore or bed of” substitute “ in, under or over ”,
(c) after that paragraph insert—
(ba) the unloading of gas at any place in, under or over such waters;
, and
(d) in paragraph (d) for “paragraph (a), (b) or (c)” substitute “ any of paragraphs (a) to (c) ”.
(3) After subsection (7) insert—
(8) In this section “gas” means gas within the meaning of section 2(4) of the Energy Act 2008.
Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I.2))
5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Petroleum Act 1998 (c. 17)
6 The Petroleum Act 1998 is amended as follows.
7 In section 11 (application of civil law)—
(a) in subsection (1), after “Order in Council” insert “ , subject to subsection (4A) ”,
(b) in subsection (3), after paragraph (a) insert—
(aa) the exploration of any place in, under or over such waters with a view to the storage of gas in such a place;
(ab) the conversion of any place in, under or over waters to which this section applies for the purpose of storing gas;
,
(c) in paragraph (b) of that subsection, for “in or under the shore or bed of” substitute “ in, under or over ”,
(d) after that paragraph insert—
(ba) the unloading of gas at any place in, under or over such waters;
,
(e) in paragraph (d) of that subsection, for “paragraph (a), (b) or (c)” substitute “ any of paragraphs (a) to (c) ”,
(f) after that subsection insert—
(3A) In subsection (3) references (in whatever form) to storing gas include storing gas with a view to its permanent disposal.
,
(g) after subsection (4) insert—
(4A) An Order in Council may not make provision under subsection (1) in relation to questions arising out of acts or omissions taking place in connection with any activity carried on in, under or over relevant Scottish waters with a view to, or in connection with, the storage of carbon dioxide.
(4B) In subsection (4A)—
(a) “relevant Scottish waters” means tidal waters, and parts of the sea, in or adjacent to Scotland up to the seaward limits of the territorial sea, and
(b) references to the storage of carbon dioxide do not include the use of carbon dioxide for a purpose ancillary to getting petroleum (within the meaning of section 1).
, and
(h) after subsection (8) insert—
(9) In this section “gas” means—
(a) gas within the meaning of section 2(4) of the Energy Act 2008, or
(b) carbon dioxide.
8 In section 13 (interpretation of Part 2), after the existing provision (which becomes subsection (1)) insert—
(2) An Order in Council under section 126(2) of the Scotland Act 1998 (apportionment of sea areas) has effect for the purposes of this Part if, or to the extent that, the Order is expressed to apply—
(a) by virtue of this subsection, for the purposes of this Part, or
(b) if no provision has been made by virtue of paragraph (a), for the general or residual purposes of that Act.
9 In section 28 (interpretation of Part 3), in the definition of “gas”—
(a) in paragraph (a), for “or carbon monoxide” substitute “ , carbon monoxide or a substance designated under paragraph (e) of the definition of “gas” in section 2(4) of the Energy Act 2008 ”,
(b) in paragraph (b) for “gases” substitute “ substances ”, and
(c) in paragraph (c) for “gases” substitute “ substances ”.
10 In section 30 (persons who may be required to submit programmes)—
(a) for subsection (5)(a) substitute—
(a) the person has the right—
(i) to exploit or explore mineral resources in any area,
(ii) to unload, store or recover gas in any area or to convert any natural feature in any area for the purpose of storing gas, or
(iii) to explore any area with a view to, or in connection with, the exercise of a right within sub-paragraph (i) or (ii), and
,
(b) in subsection (6), for paragraph (a) substitute—
(a) the exploitation or exploration of mineral resources in the exercise of the right mentioned in subsection (5)(a);
(aa) the unloading, storage or recovery of gas in the exercise of that right;
(ab) the conversion, in the exercise of that right, of any natural feature for the purpose of storing gas;
(ac) the exploration in exercise of that right with a view to, or in connection with, the exercise of a right within subsection (5)(a)(ii);
, and
(c) in paragraph (c) of that subsection, for “or (b)” substitute “ to (b) ”.
11 In section 44 (offshore installations)—
(a) in subsection (3), after paragraph (a) insert—
(aa) the exploration of any place in, under or over relevant waters with a view to the storage of gas in such an place;
(ab) the conversion of any place in, under or over relevant waters for the purpose of storing gas;
,
(b) in paragraph (b) of that subsection, for “in or under the shore or bed of” substitute “ in, under or over ”,
(c) after that paragraph insert—
(ba) the unloading of gas at any place in, under or over relevant waters;
,
(d) in paragraph (d) of that subsection, for “paragraph (a), (b) or (c)” substitute “ any of paragraphs (a) to (c) ”, and
(e) in subsection (5), after “section—” insert—
“gas” means gas within the meaning of section 2(4) of the Energy Act 2008;
.
12 In section 47A (factors for the Secretary of State to take into account when performing functions under the Petroleum Act 1998)—
(a) in subsection (1), after paragraph (a) insert—
(aa) activities which are authorised by a licence under Chapter 2 or 3 of Part 1 of the Energy Act 2008 (gas importation and storage);
,
(b) in paragraph (b) of that subsection for “such activities” substitute “ activities within paragraph (a) or (aa) ”, and
(c) after subsection (2) insert—
(2A) For the purposes of subsection (1)(aa), activities are to be regarded as activities authorised by a licence under Chapter 2 or 3 of Part 1 of the Energy Act 2008 if, by virtue of such a licence, they are activities which may be carried on only with the consent of the Secretary of State or another person.
Energy Act 2004 (c. 20)
13 In section 188 of the Energy Act 2004 (power to impose charges to fund energy functions)—
(a) in subsection (7), after paragraph (l) insert—
(m) Chapter 2 of Part 1 of the Energy Act 2008.
,
(b) in that subsection, after paragraph (m) (inserted by paragraph (a)) insert—
(n) Chapter 3 of Part 1 of the Energy Act 2008.
,
(c) in subsection (8), after paragraph (d) insert—
(da) any activity for which a licence under Chapter 2 of Part 1 of the Energy Act 2008 is required;
, and
(d) in that subsection, after paragraph (da) (inserted by paragraph (c)) insert—
(db) any activity for which a licence under Chapter 3 of Part 1 of the Energy Act 2008 is required;
.
(e) after subsection (11) insert—
(12) This section applies in relation to the Scottish Ministers as it applies in relation to the Secretary of State, and in its application to the Scottish Ministers it is to be read as if for subsections (6) and (7) there were substituted—
(6) Regulations under this section must be made by statutory instrument and are subject to annulment in pursuance of a resolution of the Scottish Parliament.
(7) Section 192(4) applies in relation to the power of the Scottish Ministers to make regulations under subsection (6) as it applies in relation to an order or regulations made by the Secretary of State or the Treasury.
(7A) The references in this section to relevant energy functions are references to the functions of the Scottish Ministers under—
(a) Chapter 3 of Part 1 of the Energy Act 2008, or
(b) so much of any EU instrument as has effect in connection with—
(i) any activity mentioned in subsection (8)(db), or
(ii) any activity mentioned in subsection (8)(h) to the extent that the activity is carried on in connection with an activity mentioned in subsection (8)(db).
,
and as if the reference in subsection (11) to the Consolidated Fund were a reference to the Scottish Consolidated Fund.
Section 44
SCHEDULE 2A
property schemes
SECTION 6E
Scheme-making power
1 (1) This paragraph applies where—
(a) a tender exercise is held in relation to an offshore transmission licence,
(b) any transmission assets have been transferred to the successful bidder or, for operational purposes, it is necessary for any transmission assets to be so transferred, and
(c) those assets were not constructed or installed by the successful bidder.
(2) The Authority may, on an application under paragraph 3, make a scheme (“a property scheme”) providing for—
(a) the transfer to the successful bidder of, or
(b) the creation in favour of the successful bidder of rights in relation to,
property, rights or liabilities.
(3) In sub-paragraph (1)—
(a) “transmission assets” means the transmission system in respect of which the offshore transmission licence is (or is to be) granted or anything which forms part of that system, and
(b) the reference to the successful bidder in paragraph (c) includes, if the successful bidder is a body corporate, a reference to any body corporate which was associated with the successful bidder at the time the transmission assets were constructed or installed.
(4) Until such time as section 180 of the Energy Act 2004 (meaning of “high voltage line”) comes into force, “transmission system” in sub-paragraph (3)(a) includes a system which, if that section were in force, would be a transmission system.
Further provision about the content of a scheme
2 (1) A property scheme may also contain—
(a) provision for the creation, in relation to property which the scheme transfers, of an interest in or right over the property in favour of the asset owner;
(b) provision for the creation of any rights or liabilities as between the asset owner and the successful bidder;
(c) provision for imposing on the asset owner or the successful bidder an obligation to enter into a written agreement with, or to execute an instrument of another kind in favour of, the other;
(d) provision requiring the successful bidder to pay the asset owner compensation;
(e) provision requiring the asset owner to pay the successful bidder compensation;
(f) supplemental, incidental and consequential provision.
(2) The property, rights and liabilities which may be transferred by a property scheme include property, rights or liabilities which would not otherwise be capable of being transferred.
(3) If a property scheme provides for the division of an estate or interest in land and any rent is—
(a) payable in respect of the estate or interest under a lease, or
(b) charged on the estate or interest,
the scheme may contain provision for apportionment or division so that one part is payable in respect of, or charged on, only one part of the estate or interest and the other part is payable in respect of, or charged on, only the other part of the estate or interest.
(4) A property scheme which contains provision which affects a third party may also contain provision requiring the successful bidder or the asset owner to pay the third party compensation.
Applications for schemes
3 (1) An application for a property scheme may be made by—
(a) the preferred bidder,
(b) the successful bidder, or
(c) a person who owns the property, rights and liabilities in relation to which provision of a kind mentioned in paragraph 1(2) is proposed to be included in the scheme.
(2) An application must specify—
(a) the property, rights and liabilities in relation to which provision of a kind mentioned in paragraph 1(2) is proposed to be included in the scheme,
(b) the name and address of the non-applicant party, and
(c) the name and address of each third party whom the applicant considers would be affected by a provision of the proposed property scheme.
(3) All property, rights and liabilities specified in an application in accordance with sub-paragraph (2)(a) must belong to the same person.
(4) A person may make more than one application under this paragraph.
Timing of applications
4 An application for a property scheme, in relation to a tender exercise, may only be made at a time when—
(a) a notice identifying the preferred bidder has been published under paragraph 35(2) (and not withdrawn), or
(b) a notice has been published under paragraph 36 identifying the successful bidder.
5 (1) No application may be made for a property scheme after the end of the transitional period.
(2) Subject to sub-paragraph (3), “the transitional period” means the period of 4 years beginning with the day on which section 92 of the Energy Act 2004 (competitive tenders for offshore transmission licences) comes into force.
(3) Before the end of the transitional period, the Secretary of State may, by order, extend that period by a period specified in the order.
(4) An order under sub-paragraph (3) may relate to a particular case, or to cases of a particular description, only.
(5) The total transitional period in any case must not exceed 7 years.
(6) Before making an order under sub-paragraph (3), the Secretary of State must give notice of the proposal to extend the transitional period.
(7) The notice must—
(a) state that the Secretary of State proposes to make an order extending the transitional period and set out the terms of the proposed order,
(b) state the reasons why the Secretary of State proposes to make the order, and
(c) specify the time (not being less than 28 days from the date of publication of the notice under sub-paragraph (8)(b)) within which representations with respect to the proposals may be made.
(8) The notice must be given—
(a) by serving a copy of it on the Authority, and
(b) by publishing it in such manner as the Secretary of State considers appropriate for bringing it to the attention of—
(i) the owner of any property, right or liability who may have an interest in the making of the proposed order, and
(ii) if the order relates to a case where a tender exercise has begun, any person who has submitted an application for the offshore transmission licence to which the exercise relates.
Notifying the non-applicant party
6 (1) On receipt of an application for a property scheme, the Authority must serve on the non-applicant party a notice which—
(a) invites the non-applicant party to make representations to the Authority about the application within the period specified in the notice (being not less than 21 days) beginning with the day on which the notice is served, and
(b) describes the effect of paragraphs 9 and 11.
(2) A notice under sub-paragraph (1) must be accompanied by—
(a) a copy of the application, and
(b) a notice under paragraph 16 which complies with the requirements of sub-paragraph (3).
(3) The notice under paragraph 16 must require the non-applicant party to provide the Authority, within the period specified in the notice (being not less than 7 days) beginning with the day on which the notice is served, with—
(a) the name and address of each person to whom sub-paragraph (4) applies, or
(b) if the non-applicant party does not consider that there is any person to whom that sub-paragraph applies, a statement to that effect.
(4) This sub-paragraph applies to a person—
(a) whom the non-applicant party considers is a third party who would be affected by a provision of the proposed property scheme, and
(b) whose name and address were not specified in the application under paragraph 3(2)(c).
Notifying third parties
7 (1) As soon as reasonably practicable after receiving the information required by a notice within paragraph 6(2)(b), the Authority must serve on each person within sub-paragraph (2)—
(a) a copy of the application, and
(b) a notice inviting that person to make representations to the Authority about the application within the period specified in the notice (being not less than 21 days) beginning with the day on which the notice is served.
(2) A person is within this sub-paragraph if the person's name and address were—
(a) specified in the application in accordance with paragraph 3(2)(c), or
(b) provided to the Authority in response to a notice within paragraph 6(2)(b).
Publishing the application
8 As soon as reasonably practicable after an application is made for a property scheme, the Authority must publish a notice which—
(a) states that an application for a property scheme has been made,
(b) states the names of the applicant and the non-applicant party, and
(c) contains a general description of the property scheme to which the application relates.
Supplementing the application
9 (1) The non-applicant party may, by notice served on the Authority during the period mentioned in paragraph 6(1)(a), modify the application so as to specify additional property, rights or liabilities of the asset owner in relation to which provision of a kind mentioned in paragraph 1(2) is proposed to be included in the scheme.
(2) Where an application is modified by a notice under sub-paragraph (1) (a “modification notice”), this Schedule has effect from that time as if any additional property, rights or liabilities specified in the notice had been specified in the application in accordance with paragraph 3(2)(a).
(3) A modification notice must specify the name and address of each person—
(a) whom the non-applicant party considers to be a third party who would be affected by a provision of the proposed property scheme as modified by the notice, and
(b) who is not within paragraph 7(2).
(4) On receipt of a modification notice, the Authority must serve on the applicant a notice (a “warning notice”) which invites the applicant to make representations to the Authority about the modification notice within the period specified in the warning notice (being a period of not less than 21 days) beginning with the day on which the warning notice is served.
(5) A warning notice must be accompanied by—
(a) a copy of the modification notice,
(b) a notice under paragraph 16 which complies with the requirements of sub-paragraph (6), and
(c) a copy of any information provided by the non-applicant to the Authority in response to a notice within paragraph 6(2)(b).
(6) The notice under paragraph 16 must require the applicant to provide the Authority, within the period specified in the notice (being not less than 7 days) beginning with the day on which the notice is served, with—
(a) the name and address of each person to whom sub-paragraph (7) applies, or
(b) if the applicant does not consider that there is any person to whom that sub-paragraph applies, a statement to that effect.
(7) This sub-paragraph applies to a person—
(a) whom the applicant considers is a third party who would be affected by a provision of the proposed property scheme as modified by the modification notice, and
(b) whose name and address were not—
(i) specified in the application in accordance with paragraph 3(2)(c),
(ii) provided to the Authority in response to a notice within paragraph 6(2)(b), or
(iii) specified in the modification notice under sub-paragraph (3).
(8) As soon as reasonably practicable after receiving the information required by a notice within sub-paragraph (5)(b), the Authority must serve on each person within sub-paragraph (9) a notice inviting that person to make representations to the Authority about the modification notice within the period specified in the notice (being a period of not less than 21 days) beginning with the day on which the notice is served.
(9) A person is within this sub-paragraph if the person's name and address were—
(a) specified in the application in accordance with paragraph 3(2)(c),
(b) provided to the Authority in response to a notice within paragraph 6(2)(b) or sub-paragraph (5)(b) of this paragraph, or
(c) specified in the modification notice.
(10) A notice under sub-paragraph (8) must be accompanied by—
(a) a copy of the modification notice, and
(b) if a copy of the application has not previously been served on the person under paragraph 7(1), a copy of the application.
10 As soon as reasonably practicable after the Authority receives a modification notice, the Authority must publish a notice which—
(a) states that a modification notice has been served on the Authority in relation to an application,
(b) states the names of the applicant and the non-applicant party in relation to the application, and
(c) contains a general description of the modifications made to the application by the modification notice.
Restricting or withdrawing the application
11 (1) Where an application for a property scheme has been made, the applicant and the non-applicant party may, by a notice served by them jointly on the Authority—
(a) restrict the property, rights and liabilities in relation to which provision of a kind mentioned in paragraph 1(2) is proposed, or
(b) withdraw the application.
(2) Where a notice is served under sub-paragraph (1) the Authority must serve a copy of the notice on any person served with a notice in relation to the application under paragraph 7(1) or 9(8).
(3) A notice may be served under sub-paragraph (1) at any time before a property scheme is made in response to the application.
(4) If, at any time, a notice specifying the preferred bidder, in relation to a tender exercise, is withdrawn under paragraph 35, any application for a property scheme previously made, in relation to that exercise, by the preferred bidder or by the asset owner (unless previously withdrawn under sub-paragraph (1)) is treated as withdrawn at that time.
(5) Where an application is withdrawn by virtue of sub-paragraph (4), the Authority must serve notice to that effect on—
(a) the asset owner, and
(b) any person served with a notice in relation to the application under paragraph 7(1) or 9(8).
(6) If a notice is served under sub-paragraph (1) or an application is withdrawn by virtue of sub-paragraph (4), the Authority may direct the applicant or the non-applicant party (or both) to make a payment to a person within sub-paragraph (7) in respect of the costs incurred by such a person in connection with the application.
(7) Those persons are—
(a) the Authority;
(b) any third party affected by a provision of the proposed property scheme.
(8) A determination under sub-paragraph (6) must be made on the basis of what is just in all the circumstances of the case.
(9) The Authority must serve notice of a direction given under sub-paragraph (6) on—
(a) the applicant (if not the recipient of the direction),
(b) the non-applicant party (if not the recipient of the direction), and
(c) any person served with a notice in relation to the application under paragraph 7(1) or 9(8).
(10) Any sums received by the Authority under sub-paragraph (6) are to be paid into the Consolidated Fund.
The Authority's functions in relation to applications
12 (1) On an application for the making of a property scheme, the Authority must determine whether the proposed provision in relation to any property, right or liability specified in the application in accordance with paragraph 3(2)(a) is necessary or expedient for operational purposes.
(2) Sub-paragraph (1) does not apply, in relation to any property, right or liability specified in the application, if the successful bidder and the asset owner agree that the proposed provision, in relation to that property, right or liability, is necessary or expedient for operational purposes.
(3) If the Authority determines under sub-paragraph (1) that the proposed provision, in relation to any property, right or liability specified in the application, is not necessary or expedient for operational purposes—
(a) it must refuse the application in relation to the property, right or liability, but
(b) it may serve on the applicant and the non-applicant party a notice proposing, in relation to the property, right or liability, alternative provision of a kind mentioned in paragraph 1(2).
(4) A notice under sub-paragraph (3)(b) must—
(a) invite the recipient to make representations to the Authority about the proposed alternative provision within the period specified in the notice (being not less than 21 days) beginning with the day on which the notice is served, and
(b) be accompanied by a notice under paragraph 16 which complies with the requirements of sub-paragraph (5).
(5) The notice under paragraph 16 must require the recipient of the notice to provide the Authority, within the period specified in the notice (being not less than 7 days) beginning with the day on which the notice is served, with—
(a) the name and address of each person to whom sub-paragraph (6) applies, or
(b) if the recipient does not consider that there is any such person, a statement to that effect.
(6) This sub-paragraph applies to a person—
(a) whom the recipient of the notice considers is a third party who would be affected by the Authority's proposed alternative provision, and
(b) whose name and address were not—
(i) specified in the application in accordance with paragraph 3(2)(c) or in a modification notice under paragraph 9(3), or
(ii) provided to the Authority in response to a notice within paragraph 6(2)(b) or 9(5)(b).
(7) As soon as reasonably practicable after receiving the information required by a notice within sub-paragraph (4)(b), the Authority must serve on each person within sub-paragraph (8)—
(a) if a copy of the application has not previously been served on the person under paragraph 7(1) or 9(8), a copy of the application,
(b) if a copy of any modification notice has not previously been served on the person under paragraph 9(8), a copy of the notice,
(c) a copy of the notice served under sub-paragraph (3)(b), and
(d) a notice inviting that person to make representations to the Authority about the proposed alternative provision within the period specified in the notice beginning with the day on which the notice is served.
(8) A person is within this sub-paragraph if the person's name and address were—
(a) specified in the application in accordance with paragraph 3(2)(c) or in a modification notice under paragraph 9(3),
(b) provided to the Authority in response to a notice within sub-paragraph (4)(b) or paragraph 6(2)(b) or 9(5)(b).
(9) The period specified under sub-paragraph (7)(d) must be not less than—
(a) in the case of a person whose name and address were provided to the Authority in response to a notice within sub-paragraph (4)(b), 21 days, and
(b) in any other case, 14 days.
(10) Having considered any representations made in accordance with sub-paragraph (4)(a) or (7)(d), the Authority must determine whether the proposed alternative provision is necessary or expedient for operational purposes.
(11) If—
(a) the Authority determines under sub-paragraph (1) that the proposed provision, in relation to any property, right or liability specified in the application, is necessary or expedient for operational purposes,
(b) the successful bidder and the asset owner agree that that is the case, or
(c) the Authority determines under sub-paragraph (10) that the proposed alternative provision, in relation to any property, right or liability, is necessary or expedient for operational purposes,
the Authority must, subject to paragraphs 13 and 14(4), make a property scheme in relation to that property, right or liability.
(12) In this paragraph “the proposed provision”, in relation to any property, right or liability, means the provision of a kind mentioned in paragraph 1(2) which the application proposes is made in relation to that property, right or liability (having regard to any modification under paragraph 9 or restriction under paragraph 11).
13 (1) On an application for a property scheme, no scheme may be made until—
(a) the offshore transmission licence has been issued to the successful bidder, and
(b) the relevant co-ordination licence holder has given the Authority, in accordance with the co-ordination licence, a completion notice in relation to the transmission system to which the property scheme relates.
(2) For this purpose—
(a) a “completion notice”, in relation to a transmission system, is a notice which states that it would be possible to carry on an activity to which section 4(1)(b) applies by making available for use that system;
(b) a property scheme relates to a transmission system if the property, rights and liabilities in respect of which the scheme makes provision of a kind mentioned in paragraph 1(2) are relevant to the performance by the successful bidder of its licensed functions in relation to that system.
(3) Until such time as section 180 of the Energy Act 2004 (meaning of “high voltage line”) comes into force—
(a) the references in sub-paragraphs (1) and (2) to a transmission system include a system which, if that section were in force, would be a transmission system (“an offshore 132 kilovolt system”), and
(b) that section is to be treated as if it were in force for the purposes of determining under sub-paragraph (2)(a) whether it would be possible to carry on an activity to which section 4(1)(b) applies by making available for use an offshore 132 kilovolt system.
(4) In this paragraph—
“licensed functions” means—
functions under the offshore transmission licence to which the tender exercise relates, and
functions which the successful bidder has, in the capacity of holder of that licence, under or by virtue of any enactment;
“relevant co-ordination licence holder” means—
the holder of a co-ordination licence to whom a person has applied (in accordance with any provision made by that licence) for an offer of connection to and use of a transmission system for the purposes of which the tender exercise is held, or
where the tender exercise is held for the purposes of a connection request within the meaning of section 6D(3)(b), the holder of a co-ordination licence to whom a connection request within the meaning of section 6D(3)(a) would have been made if section 180 of the Energy Act 2004 had been in force and, accordingly, the tender exercise had been held for the purposes of such a request.
Terms of a property scheme
14 (1) Where the Authority is required to make a property scheme, the terms of the scheme must be such as the successful bidder and the asset owner may agree or, if they fail to agree, as the Authority may determine.
This is subject to sub-paragraphs (2) to (9).
(2) A property scheme must not provide for any provision to come into operation before the end of the period of 21 days beginning with the day on which the scheme is made.
(3) In determining the terms of a scheme under sub-paragraph (1), the Authority must, in particular, determine whether the scheme should include provision for compensation to be paid—
(a) by the successful bidder to the asset owner, or
(b) by the asset owner to the successful bidder,
and, if so, what that provision should be.
(4) The Authority may not include in a property scheme provision which would adversely affect a third party unless it determines that it is necessary or expedient for operational purposes for the provision to be made.
(5) Where the Authority includes in a property scheme provision which would adversely affect a third party, the Authority must determine whether the scheme should include provision for compensation and, if so, what that provision should be.
(6) The Authority may include in a property scheme provision for payments to be made by the successful bidder or the asset owner (or both) in respect of costs incurred in connection with the scheme (including the application for the scheme) by—
(a) the Authority,
(b) the successful bidder,
(c) the asset owner, or
(d) a third party affected by a provision of the property scheme.
(7) For the purposes of making a determination under sub-paragraph (6), the Authority may have regard to the conduct of the parties mentioned in sub-paragraph (6)(a) to (d).
(8) Any sums received by the Authority under sub-paragraph (6) are to be paid into the Consolidated Fund.
(9) For the purposes of this paragraph, a provision of a property scheme adversely affects a third party if that party—
(a) is affected by the provision (see paragraph 38(2)), and
(b) does not consent to the making of the provision by means of the scheme.
15 (1) A determination under paragraph 14, so far as relating to any financial matter, must be made on the basis of what is just in all the circumstances of the case.
(2) A determination under paragraph 14, so far as relating to any other matter, must be made on the basis of what appears to the Authority to be appropriate in all the circumstances of the case having regard, in particular, to what is necessary or expedient for operational purposes.
Additional powers of the Authority
16 (1) The Authority may, by notice, require any of the following persons to provide information or assistance in connection with the performance by the Authority of its functions under this Schedule—
(a) the preferred bidder in relation to a tender exercise;
(b) the successful bidder in relation to a tender exercise;
(c) the asset owner in relation to a property scheme or an application for such a scheme;
(d) the holder of a co-ordination licence;
(e) any third party who is or may be affected by a provision of a property scheme or a proposed property scheme.
(2) If the Authority considers that any other person may be able to provide it with information in respect of any provision of a property scheme or proposed property scheme, it may, by notice, require the person to provide it with such information.
(3) A notice under this paragraph may specify the period within which the information or assistance is to be provided.
(4) If at any time it appears to the Authority that a person has failed to comply with a requirement under sub-paragraph (1) or (2), the Authority may make an application to the court under this paragraph.
(5) If, on an application under this paragraph, the court decides that the person has failed to comply with the requirement, it may order the person to take such steps as the court directs for securing that the requirement is complied with.
(6) In this paragraph “the court” means—
(a) in the case of an application made in England and Wales, the High Court, and
(b) in the case of an application made in Scotland, the Court of Session.
17 The Authority may engage consultants for the purpose of advising it in relation to the making of a determination under this Schedule.
Notification of property scheme
18 (1) This paragraph applies where the Authority makes a property scheme.
(2) The Authority must, as soon as reasonably practicable, serve a copy of the scheme on—
(a) the successful bidder,
(b) the asset owner, and
(c) each third party affected by the scheme whose name and address was—
(i) specified in the application for the scheme in accordance with paragraph 3(2)(c) or in a modification notice in relation to that application in accordance with paragraph 9(3), or
(ii) provided to the Authority in response to a notice within paragraph 6(2)(b), 9(5)(b) or 12(4)(b).
(3) The Authority must, as soon as reasonably practicable, publish a notice which—
(a) states that a property scheme has been made,
(b) states the names of the successful bidder and the asset owner in relation to the scheme, and
(c) contains a general description of the provision made by the scheme.
Refusal of application or part of application
19 (1) This paragraph applies where the Authority—
(a) determines to refuse an application for a property scheme so far as it relates to any property, right or liability specified in the application in accordance with paragraph 3(2)(a), or
(b) determines not to make any alternative provision proposed under paragraph 12(3)(b) in relation to any such property, right or liability.
(2) The Authority must, as soon as reasonably practicable, serve a notice giving details of the determination on each person mentioned in paragraph 18(2)(a) to (c).
(3) The Authority may direct the successful bidder or the asset owner to make a payment in respect of the costs incurred in connection with the application by—
(a) the Authority,
(b) the successful bidder,
(c) the asset owner, or
(d) a third party affected by a provision of the proposed property scheme or any alternative provision proposed under paragraph 12(3)(b).
(4) The Authority must serve notice of a direction given under sub-paragraph (3) on—
(a) the successful bidder (if not the recipient of the direction),
(b) the asset owner (if not the recipient of the direction), and
(c) any person served with a notice in relation to the application under paragraph 7(1), 9(8) or 12(7).
(5) A determination under sub-paragraph (3) must be made on the basis of what is just in all the circumstances of the case.
(6) Any sums received by the Authority under sub-paragraph (3) are to be paid into the Consolidated Fund.
Effect of property scheme
20 A property scheme, by virtue of this paragraph, has effect according to its terms.
21 (1) A transaction of any description effected by or under a property scheme has effect subject to the provisions of any enactment which provides for transactions of that description to be registered in any statutory register.
(2) Subject to that, a transaction of any description effected by or under a property scheme is binding on all persons, despite the fact that it would, apart from this provision, have required the consent or concurrence of any person.
(3) In this paragraph “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
22 Where—
(a) an amount of compensation is owed to a person in accordance with a property scheme, or
(b) an amount in respect of costs is owed to a person in accordance with such a scheme or with a direction under paragraph 11(6) or 19(3),
the amount may be recovered by that person.
Review of determinations
23 (1) Any person affected by a determination of the Authority under this Schedule may apply to the Competition Appeal Tribunal for a review of the determination.
(2) An application under sub-paragraph (1) may be made—
(a) during the relevant appeal period, or
(b) with the permission of the Competition Appeal Tribunal, at a later time.
(3) The relevant appeal period means—
(a) where the application is in respect of a determination relating to a property scheme which has been made by the Authority, 21 days beginning with the day on which a notice in respect of the scheme is published under paragraph 18(3);
(b) in any other case, 21 days beginning with the day on which the determination was made.
(4) On an application under sub-paragraph (1), the Competition Appeal Tribunal may by order—
(a) dismiss the application, or
(b) make such other determination as it considers appropriate.
24 (1) This paragraph applies where—
(a) the Competition Appeal Tribunal makes an order under paragraph 23(4)(b), and
(b) the Authority has not made a property scheme in relation to the property, rights or liabilities concerned.
(2) The Tribunal may include in the order provision requiring the Authority to make a property scheme in relation to that property, or those rights and liabilities.
(3) Where paragraph 14 applies because of provision under this paragraph, anything the Tribunal has determined is to be treated for the purposes of that paragraph as determined by the Authority.
25 (1) This paragraph applies where—
(a) the Competition Appeal Tribunal makes an order under paragraph 23(4)(b),
(b) the Authority has made a property scheme in relation to the property, rights or liabilities concerned, and
(c) the scheme has not come into operation.
(2) Where the Tribunal's determination is that provision of a kind mentioned in paragraph 1(2) is not, in relation to the property, rights or liabilities concerned, necessary or expedient for operational purposes, it may include in the order provision quashing the scheme.
(3) In any other case, the Tribunal may include in the order—
(a) provision for the scheme to have effect with such amendments with respect to any matter dealt with by the Authority's determination as it thinks fit, and
(b) to the extent that the Authority's determination dealt with any financial matter, provision requiring the Authority to redetermine the matter in accordance with the order and to amend the scheme accordingly.
26 (1) This paragraph applies where—
(a) the Competition Appeal Tribunal makes an order under paragraph 23(4)(b),
(b) the Authority has made a property scheme in relation to the property, rights or liabilities concerned, and
(c) the scheme has come into operation.
(2) The Tribunal may include in the order such provision as it thinks fit for the purpose of doing justice between—
(a) the successful bidder,
(b) the person who was the asset owner immediately before the scheme came into operation, and
(c) any third party affected by the scheme,
in the light of its determination.
(3) Without prejudice to the generality of sub-paragraph (2), the Tribunal may include in the order—
(a) provision for the transfer of anything transferred by the scheme;
(b) provision for the surrender or extinction of rights;
(c) provision for the payment of compensation to the successful bidder or the person who was the asset owner immediately before the scheme came into operation;
(d) provision for the payment of compensation to a third party affected by the scheme;
(e) provision about the payment of costs of the kind mentioned in paragraph 14(6).
(4) Any sums received by the Authority by virtue of sub-paragraph (3)(e) are to be paid into the Consolidated Fund.
27 (1) An order under paragraph 23(4)(b) may include provision for the award of interest at such rate and for such period as the Competition Appeal Tribunal thinks fit.
(2) Where the application made under paragraph 23(1) is for a review of a determination under paragraph 11(6) or 19(3), the Tribunal may include in an order under paragraph 23(4)(b) one or both of the following—
(a) provision amending or revoking any direction made as a result of the determination;
(b) provision equivalent to any direction which could have been made by the Authority under paragraph 11(6) or 19(3).
Interim arrangements pending review of determination
28 (1) This paragraph applies where—
(a) a person makes an application under paragraph 23(1) for the review of a determination, and
(b) the Authority has not made a property scheme in relation to the property, rights or liabilities to which the determination relates.
(2) The Competition Appeal Tribunal may, at any time before an order is made under paragraph 23(4), on application by the successful bidder or the asset owner make such interim arrangements as it thinks fit with respect to the property, rights or liabilities concerned.
(3) Without prejudice to the generality of sub-paragraph (2), the power under that sub-paragraph includes, in particular, power to make provision for the successful bidder to have access to, or otherwise to enjoy the benefit of, any of the property or rights concerned for such period, and on such terms, as the Tribunal thinks fit.
29 (1) This paragraph applies where—
(a) a person makes an application under paragraph 23(1) for the review of a determination, and
(b) the Authority has made a property scheme in relation to the property, rights or liabilities to which the determination relates.
(2) The Competition Appeal Tribunal may, at any time before an order is made under paragraph 23(4), on application by—
(a) the successful bidder,
(b) if the scheme has not come into operation, the asset owner,
(c) if the scheme has come into operation, the person who was the asset owner immediately before it did so, or
(d) a third party who is affected by any provision of the property scheme,
make such interim arrangements as it thinks fit with respect to the property, rights or liabilities concerned.
(3) Without prejudice to the generality of sub-paragraph (2), the power under that sub-paragraph includes, in particular, power—
(a) to make provision postponing or suspending the operation of any provision of the scheme for such period, and on such terms, as the Tribunal thinks fit;
(b) to make provision for the successful bidder, or an applicant within sub-paragraph (2)(c), to have access to, or otherwise to enjoy the benefit of, any of the property or rights concerned for such period and on such terms as the Tribunal thinks fit.
30 In exercising its powers under paragraph 28 or 29, the Competition Appeal Tribunal must have regard, in particular, to what is necessary or expedient for operational purposes.
31 Paragraphs 28 or 29 are without prejudice to any powers of the Competition Appeal Tribunal to make orders on an interim basis under rules under section 15 of the Enterprise Act 2002 (c. 40).
32 (1) If an order under paragraph 28 or 29 is registered in England and Wales in accordance with rules of court or any practice direction, it is enforceable as an order of the High Court.
(2) An order under paragraph 28 or 29 may be recorded for execution in the Books of Council and Session and is to be enforceable accordingly.
(3) Subject to rules of court or any practice direction, an order under paragraph 28 or 29 may be registered or recorded for execution by a person entitled to any right under the interim arrangements for which the order makes provision.
(4) Sub-paragraphs (1) to (3) apply to an order on an interim basis made under rules under section 15 of the Enterprise Act 2002 in connection with an application under paragraph 23(1) as they apply to an order under paragraph 28 or 29.
Appeal on a point of law
33 (1) An appeal lies on any point of law arising from a decision of the Competition Appeal Tribunal under this Schedule to the appropriate court.
(2) An appeal under this paragraph requires the permission of the Tribunal or of the appropriate court.
(3) In this paragraph “the appropriate court” means—
(a) in the case of Tribunal proceedings in England and Wales, the Court of Appeal, and
(b) in the case of Tribunal proceedings in Scotland, the Court of Session.
Change of asset owner during application process
34 (1) Where any property, rights or liabilities specified in an application in accordance with paragraph 3(2)(a) are transferred by the asset owner to another person (“the new asset owner”) after the application is made, this Schedule has effect as if—
(a) references to the asset owner included the new asset owner, and
(b) anything done by or in relation to the asset owner had been done by or in relation to the new asset owner.
(2) In the case of property, rights or liabilities treated as specified in an application by virtue of paragraph 9(2), sub-paragraph (1) applies as if for “the application is made” there were substituted “ the modification notice is served on the Authority ”.
The preferred bidder
35 (1) The preferred bidder, in relation to a tender exercise, is the person whose name and address is specified in a notice which has been published under sub-paragraph (2) (and has not been withdrawn under sub-paragraph (4)).
(2) Where a tender exercise is held, as soon as the Authority is satisfied that it will grant the offshore transmission licence to a particular person if certain matters are resolved to the Authority's satisfaction, it must publish a notice to that effect.
(3) The notice must—
(a) specify the name and address of the person, and
(b) describe, in general terms, those matters.
(4) The Authority may withdraw a notice under sub-paragraph (2) by publishing a notice to that effect.
(5) A notice published under sub-paragraph (2) must be withdrawn before a subsequent notice may be published under that sub-paragraph in relation to the same tender exercise.
The successful bidder
36 (1) The successful bidder, in relation to a tender exercise, is the person to whom, as a result of that exercise, the offshore transmission licence has been or is to be granted.
(2) Where a tender exercise is held, as soon as the Authority determines to grant the offshore transmission licence to a person, it must publish a notice to that effect.
(3) The notice must specify the name and address of the successful bidder.
Associated bodies corporate
37 (1) For the purposes of this Schedule, one body corporate is associated with another if one of them controls the other or a third body corporate controls both of them, and sub-paragraphs (2) to (6) set out the circumstances in which one body corporate (“A”) controls another (“B”).
(2) Where B is a company, A controls B if A possesses or is entitled to acquire—
(a) one half or more of the issued share capital of B,
(b) such rights as would entitle A to exercise one half or more of the votes exercisable in general meetings of B,
(c) such part of the issued share capital of B as would entitle A to one half or more of the amount distributed if the whole of the income of B were in fact distributed among the shareholders, or
(d) such rights as would, in the event of the winding up of B or in any other circumstances, entitle it to receive one half or more of the assets of B which would then be available for distribution among the shareholders.
(3) Where B is a limited liability partnership, A controls B if A—
(a) holds a majority of the voting rights in B,
(b) is a member of B and has a right to appoint or remove a majority of other members, or
(c) is a member of B and controls alone or pursuant to an agreement with other members, a majority of the voting rights in B.
(4) In sub-paragraph (3)(a) and (c) the references to “voting rights” are to the rights conferred on members in respect of their interest in a limited liability partnership to vote on those matters which are to be decided on by a vote of the members of the limited liability partnership.
(5) In any case, A controls B if A has the power, directly or indirectly, to secure that the affairs of B are conducted in accordance with A's wishes.
(6) In determining whether, by virtue of sub-paragraphs (2) to (5), A controls B, A is to be taken to possess—
(a) any rights and powers possessed by a person as nominee for it, and
(b) any rights and powers possessed by a body corporate which it controls (including rights and powers which such a body corporate would be taken to possess by virtue of this sub-paragraph).
Interpretation
38 (1) In this Schedule—
“the asset owner”—
in relation to an application for a property scheme, means the owner of the property, rights and liabilities in relation to which provision of a kind mentioned in paragraph 1(2) is proposed to be included in the scheme;
in relation to a property scheme, means the owner of the property, rights and liabilities in relation to which provision of such a kind is included in the scheme;
“co-ordination licence” means a transmission licence which authorises a person to co-ordinate and direct the flow of electricity onto and over a transmission system by means of which the transmission of electricity takes place and the whole or a part of which is at a relevant place;
“functions” includes powers and duties;
“modification notice” is to be construed in accordance with paragraph 9;
“non-applicant party” means—
in the case of an application made by the preferred bidder or the successful bidder, the asset owner, and
in the case of an application made by the asset owner, the successful bidder or, if a notice has not yet been published under paragraph 36, the preferred bidder;
“operational purposes” means the purposes of performing any functions which the successful bidder has, or may in future have—
under or by virtue of the offshore transmission licence which has been, or is to be, granted as a result of the tender exercise, or
under or by virtue of any enactment, in the successful bidder's capacity as holder of the licence;
“preferred bidder”, in relation to a tender exercise, is to be construed in accordance with paragraph 35;
“property scheme” is to be construed in accordance with paragraph 1;
“relevant place” means a place in Great Britain, in the territorial sea adjacent to Great Britain or in a Renewable Energy Zone;
“successful bidder”, in relation to a tender exercise, is to be construed in accordance with paragraph 36;
“tender exercise” has the same meaning as in section 6D;
“third party”, in relation to a property scheme or proposed property scheme in connection with a tender exercise, means a person other than the preferred bidder, the successful bidder, or the asset owner.
(2) For the purposes of this Schedule, a provision of a property scheme affects a third party if that party's consent or concurrence would be required to the making of the provision otherwise than by means of the scheme.
SCHEDULE 3 Petroleum licences: amendments to model clauses
Section 77
Part 1 Petroleum (Production) (Landward Areas) Regulations 1995
1 (1) Schedule 3 to the Petroleum (Production) (Landward Areas) Regulations 1995 (S.I. 1995/1436) is amended as follows.
(2) After clause 8 (consequences of determination or surrender) insert—
Provision of contact details to Minister
8A (1) A notice, direction or other document authorised or required (in whatever terms) to be given to the Licensee by virtue of this licence is treated as given to the Licensee if it is given to the person specified by the Licensee under paragraph (2) at the address so specified.
(2) The Licensee must supply the Minister with the name and address of a person to whom notices, directions and other documents are to be given.
(3) The Licensee must ensure that, where there is a change in the person to whom, or the address to which, documents should be sent in accordance with paragraph (2), the Minister is notified of the change as soon as is reasonably practicable.
(4) If the Licensee fails to comply with paragraph (2) the Minister may give the Licensee a notice which—
(a) requires the Licensee to comply with paragraph (2) within the period of one month beginning with the date of the notice, and
(b) states that, if the Licensee fails to do so, the Licensee will be treated as having supplied under paragraph (2) the name and address specified by the Minister in the notice.
(3) In clause 17 (abandonment and plugging of wells)—
(a) in paragraph (2) for “The” substitute “ Subject to paragraph (5B), the ”,
(b) after paragraph (5) insert—
(5A) The Minister may at any time give the Licensee a notice requiring a well drilled pursuant to this licence to be plugged and abandoned in accordance with paragraph (5) within the period specified in the notice (but this paragraph is subject to paragraphs (5C) and (5D)).
(5B) The Licensee shall comply with any notice under paragraph (5A).
(5C) A notice under paragraph (5A) may not be given less than one month before the expiry or determination of the Licensee's rights under this licence in relation to the area, or the part of the area, in which the well is drilled.
(5D) A notice under paragraph (5A) may be given only in relation to a well from which the Licensee has not extracted any petroleum within the period of one month ending with the day on which the notice is given.
, and
(c) in paragraph (6) after “the Minister” (in the first place) insert “ , or in accordance with a notice under paragraph (5A), ”.
(4) In clause 38(4) (power of revocation: change of control) after “when this licence was granted” insert “ (or, if there has been an assignment or assignation of rights conferred by this licence, when those rights were assigned to the Licensee) ”.
(5) After clause 38 insert—
Power of partial revocation
38A (1) This clause applies in a case where two or more persons are the Licensee and—
(a) an event mentioned in clause 38(2)(c), (d), (e) or (g) occurs in relation to one of those persons, or
(b) the conditions specified in clause 38(3) are satisfied in relation to one of those persons.
(2) Where this clause applies, the Minister may exercise the power of revocation in clause 38 to revoke the licence in so far as it applies to the person mentioned in paragraph (1)(a) or (b).
(3) If the Minister exercises the power in paragraph (2), the rights granted to the person under this licence cease, but without prejudice to any obligation or liability incurred by the person or imposed under the terms and conditions of this licence.
(4) Where this licence is revoked in relation to one person under this clause, it continues to have effect in respect of the other person who constitutes, or persons who together constitute, the Licensee and in relation to whom it is not revoked.
Part 2 Petroleum (Current Model Clauses) Order 1999
2 This Part of this Schedule contains amendments to the Petroleum (Current Model Clauses) Order 1999 (S.I. 1999/160).
3 (1) Part 2 of Schedule 2 (seaward production licences) is amended as follows.
(2) After clause 7 (area surrendered) insert—
Provision of contact details to Minister
7A (1) A notice, direction or other document authorised or required (in whatever terms) to be given to the Licensee by virtue of this licence is treated as given to the Licensee if it is given to the person specified by the Licensee under paragraph (2) at the address so specified.
(2) The Licensee must supply the Minister with the name and address of a person to whom notices, directions and other documents are to be given.
(3) The Licensee must ensure that, where there is a change in the person to whom, or the address to which, information should be sent in accordance with paragraph (2), the Minister is notified of the change as soon as is reasonably practicable.
(4) If the Licensee fails to comply with paragraph (2) the Minister may give the Licensee a notice which—
(a) requires the Licensee to comply with paragraph (2) within the period of one month beginning with the date of the notice, and
(b) states that, if the Licensee fails to do so, the Licensee will be treated as having supplied under paragraph (2) the name and address specified by the Minister in the notice.
(3) In clause 17 (abandonment and plugging of wells)—
(a) in paragraph (2) for “The” substitute “ Subject to paragraph (5B), the ”,
(b) after paragraph (5) insert—
(5A) The Minister may at any time give the Licensee a notice requiring a well drilled pursuant to this licence to be plugged and abandoned in accordance with paragraph (5) within the period specified in the notice (but this paragraph is subject to paragraphs (5C) and (5D)).
(5B) The Licensee shall comply with any notice under paragraph (5A).
(5C) A notice under paragraph (5A) may not be given less than one month before the expiry or determination of the Licensee's rights under this licence in relation to the area, or the part of the area, in which the well is drilled.
(5D) A notice under paragraph (5A) may be given only in relation to a well from which the Licensee has not extracted any petroleum within the period of one month ending with the day on which the notice is given.
, and
(c) in paragraph (6) after “the Minister” (in the first place) insert “ , or in accordance with a notice under paragraph (5A), ”.
(4) In clause 39(4) (power of revocation: change of control) after “when this licence was granted” insert “ (or, if there has been an assignment or assignation of rights conferred by this licence, when those rights were assigned to the Licensee) ”.
(5) After clause 39 insert—
Power of partial revocation
39A (1) This clause applies in a case where two or more persons are the Licensee and—
(a) an event mentioned in clause 39(2)(c), (d), (e) or (g) occurs in relation to one of those persons, or
(b) the conditions specified in clause 39(3) are satisfied in relation to one of those persons.
(2) Where this clause applies, the Minister may exercise the power of revocation in clause 39 to revoke the licence in so far as it applies to the person mentioned in paragraph (1)(a) or (b).
(3) If the Minister exercises the power in paragraph (2), the rights granted to the person under this licence cease, but without prejudice to any obligation or liability incurred by the person or imposed under the terms and conditions of this licence.
(4) Where this licence is revoked in relation to one person under this clause, it continues to have effect in respect of the other person who constitutes, or persons who together constitute, the Licensee and in relation to whom it is not revoked.
4 (1) Part 2 of Schedule 3 (landward production licences) is amended as follows.
(2) After clause 7 (areas surrendered) insert—
Provision of contact details to Minister
7A (1) A notice, direction or other document authorised or required (in whatever terms) to be given to the Licensee by virtue of this licence is treated as given to the Licensee if it is given to the person specified by the Licensee under paragraph (2) at the address so specified.
(2) The Licensee must supply the Minister with the name and address of a person to whom notices, directions and other documents are to be given.
(3) The Licensee must ensure that, where there is a change in the person to whom, or the address to which, information should be sent in accordance with paragraph (2), the Minister is notified of the change as soon as is reasonably practicable.
(4) If the Licensee fails to comply with paragraph (2) the Minister may give the Licensee a notice which—
(a) requires the Licensee to comply with paragraph (2) within the period of one month beginning with the date of the notice, and
(b) states that, if the Licensee fails to do so, the Licensee will be treated as having supplied under paragraph (2) the name and address specified by the Minister in the notice.
(3) In clause 17 (abandonment and plugging of wells)—
(a) in paragraph (2) for “The” substitute “ Subject to paragraph (5B), the ”,
(b) after paragraph (5) insert—
(5A) The Minister may at any time give the Licensee a notice requiring a well drilled pursuant to this licence to be plugged and abandoned in accordance with paragraph (5) within the period specified in the notice (but this paragraph is subject to paragraphs (5C) and (5D)).
(5B) The Licensee shall comply with any notice under paragraph (5A).
(5C) A notice under paragraph (5A) may not be given less than one month before the expiry or determination of the Licensee's rights under this licence in relation to the area, or the part of the area, in which the well is drilled.
(5D) A notice under paragraph (5A) may be given only in relation to a well from which the Licensee has not extracted any petroleum within the period of one month ending with the day on which the notice is given.
, and
(c) in paragraph (6) after “the Minister” (in the first place) insert “ , or in accordance with a notice under paragraph (5A), ”.
(4) In clause 37(4) (power of revocation: change of control) after “when this licence was granted” insert “ (or, if there has been an assignment or assignation of rights conferred by this licence, when those rights were assigned to the Licensee) ”.
(5) After clause 37 insert—
Power of partial revocation
37A (1) This clause applies in a case where two or more persons are the Licensee and—
(a) an event mentioned in clause 37(2)(c), (d), (e) or (g) occurs in relation to one of those persons, or
(b) the conditions specified in clause 37(3) are satisfied in relation to one of those persons.
(2) Where this clause applies, the Minister may exercise the power of revocation in clause 37 to revoke the licence in so far as it applies to the person mentioned in paragraph (1)(a) or (b).
(3) If the Minister exercises the power in paragraph (2), the rights granted to the person under this licence cease, but without prejudice to any obligation or liability incurred by the person or imposed under the terms and conditions of this licence.
(4) Where this licence is revoked in relation to one person under this clause, it continues to have effect in respect of the other person who constitutes, or persons who together constitute, the Licensee and in relation to whom it is not revoked
5 (1) Part 2 of Schedule 4 (landward production licences) is amended as follows.
(2) After clause 7 (consequences of determination or surrender by licensee) insert—
Provision of contact details to Minister
7A (1) A notice, direction or other document authorised or required (in whatever terms) to be given to the Licensee by virtue of this licence is treated as given to the Licensee if it is given to the person specified by the Licensee under paragraph (2) at the address so specified.
(2) The Licensee must supply the Minister with the name and address of a person to whom notices, directions and other documents are to be given.
(3) The Licensee must ensure that, where there is a change in the person to whom, or the address to which, information should be sent in accordance with paragraph (2), the Minister is notified of the change as soon as is reasonably practicable.
(4) If the Licensee fails to comply with paragraph (2) the Minister may give the Licensee a notice which—
(a) requires the Licensee to comply with paragraph (2) within the period of one month beginning with the date of the notice, and
(b) states that, if the Licensee fails to do so, the Licensee will be treated as having supplied under paragraph (2) the name and address specified by the Minister in the notice.
(3) In clause 17 (abandonment and plugging of wells)—
(a) in paragraph (2) for “The” substitute “ Subject to paragraph (5B), the ”,
(b) after paragraph (5) insert—
(5A) The Minister may at any time give the Licensee a notice requiring a well drilled pursuant to this licence to be plugged and abandoned in accordance with paragraph (5) within the period specified in the notice (but this paragraph is subject to paragraphs (5C) and (5D)).
(5B) The Licensee shall comply with any notice under paragraph (5A).
(5C) A notice under paragraph (5A) may not be given less than one month before the expiry or determination of the Licensee's rights under this licence in relation to the area, or the part of the area, in which the well is drilled.
(5D) A notice under paragraph (5A) may be given only in relation to a well from which the Licensee has not extracted any petroleum within the period of one month ending with the day on which the notice is given.
, and
(c) in paragraph (6) after “the Minister” (in the first place) insert “ , or in accordance with a notice under paragraph (5A), ”.
(4) In clause 38(4) (power of revocation: change of control) after “when this licence was granted” insert “ (or, if there has been an assignment or assignation of rights conferred by this licence, when those rights were assigned to the Licensee) ”.
(5) After clause 38 insert—
Power of partial revocation
38A (1) This clause applies in a case where two or more persons are the Licensee and—
(a) an event mentioned in clause 38(2)(c), (d), (e) or (g) occurs in relation to one of those persons, or
(b) the conditions specified in clause 38(3) are satisfied in relation to one of those persons.
(2) Where this clause applies, the Minister may exercise the power of revocation in clause 38 to revoke the licence in so far as it applies to the person mentioned in paragraph (1)(a) or (b).
(3) If the Minister exercises the power in paragraph (2), the rights granted to the person under this licence cease, but without prejudice to any obligation or liability incurred by the person or imposed under the terms and conditions of this licence.
(4) Where this licence is revoked in relation to one person under this clause, it continues to have effect in respect of the other person who constitutes, or persons who together constitute, the Licensee and in relation to whom it is not revoked.
6 (1) Part 2 of Schedule 5 (seaward production licences) is amended as follows.
(2) After clause 7 (areas surrendered) insert—
Provision of contact details to Minister
7A (1) A notice, direction or other document authorised or required (in whatever terms) to be given to the Licensee by virtue of this licence is treated as given to the Licensee if it is given to the person specified by the Licensee under paragraph (2) at the address so specified.
(2) The Licensee must supply the Minister with the name and address of a person to whom notices, directions and other documents are to be given.
(3) The Licensee must ensure that, where there is a change in the person to whom, or the address to which, information should be sent in accordance with paragraph (2), the Minister is notified of the change as soon as is reasonably practicable.
(4) If the Licensee fails to comply with paragraph (2) the Minister may give the Licensee a notice which—
(a) requires the Licensee to comply with paragraph (2) within the period of one month beginning with the date of the notice, and
(b) states that, if the Licensee fails to do so, the Licensee will be treated as having supplied under paragraph (2) the name and address specified by the Minister in the notice.
(3) In clause 17 (abandonment and plugging of wells)—
(a) in paragraph (2) for “The” substitute “ Subject to paragraph (5B), the ”,
(b) after paragraph (5) insert—
(5A) The Minister may at any time give the Licensee a notice requiring a well drilled pursuant to this licence to be plugged and abandoned in accordance with paragraph (5) within the period specified in the notice (but this paragraph is subject to paragraphs (5C) and (5D)).
(5B) The Licensee shall comply with any notice under paragraph (5A).
(5C) A notice under paragraph (5A) may not be given less than one month before the expiry or determination of the Licensee's rights under this licence in relation to the area, or the part of the area, in which the well is drilled.
(5D) A notice under paragraph (5A) may be given only in relation to a well from which the Licensee has not extracted any petroleum within the period of one month ending with the day on which the notice is given.
, and
(c) in paragraph (6) after “the Minister” (in the first place) insert “ , or in accordance with a notice under paragraph (5A) ”.
(4) In clause 40(4) (power of revocation: change of control) after “when this licence was granted” insert “ (or, if there has been an assignment or assignation of rights conferred by this licence, when those rights were assigned to the Licensee) ”.
(5) After clause 40 insert—
Power of partial revocation
40A (1) This clause applies in a case where two or more persons are the Licensee and—
(a) an event mentioned in clause 40(2)(c), (d), (e) or (g) occurs in relation to one of those persons, or
(b) the conditions specified in clause 40(3) are satisfied in relation to one of those persons.
(2) Where this clause applies, the Minister may exercise the power of revocation in clause 40 to revoke the licence in so far as it applies to the person mentioned in paragraph (1)(a) or (b).
(3) If the Minister exercises the power in paragraph (2), the rights granted to the person under this licence cease, but without prejudice to any obligation or liability incurred by the person or imposed under the terms and conditions of this licence.
(4) Where this licence is revoked in relation to one person under this clause, it continues to have effect in respect of the other person who constitutes, or persons who together constitute, the Licensee and in relation to whom it is not revoked.
7 (1) Part 2 of Schedule 6 (seaward production licences) is amended as follows.
(2) After clause 6 (areas surrendered) insert—
Provision of contact details to Minister
6A (1) A notice, direction or other document authorised or required (in whatever terms) to be given to the Licensee by virtue of this licence is treated as given to the Licensee if it is given to the person specified by the Licensee under paragraph (2) at the address so specified.
(2) The Licensee must supply the Minister with the name and address of a person to whom notices, directions and other documents are to be given.
(3) The Licensee must ensure that, where there is a change in the person to whom, or the address to which, information should be sent in accordance with paragraph (2), the Minister is notified of the change as soon as is reasonably practicable.
(4) If the Licensee fails to comply with paragraph (2) the Minister may give the Licensee a notice which—
(a) requires the Licensee to comply with paragraph (2) within the period of one month beginning with the date of the notice, and
(b) states that, if the Licensee fails to do so, the Licensee will be treated as having supplied under paragraph (2) the name and address specified by the Minister in the notice.
(3) In clause 16 (abandonment and plugging of wells)—
(a) in paragraph (2) for “The” substitute “ Subject to paragraph (5B), the ”,
(b) after paragraph (5) insert—
(5A) The Minister may at any time give the Licensee a notice requiring a well drilled pursuant to this licence to be plugged and abandoned in accordance with paragraph (5) within the period specified in the notice (but this paragraph is subject to paragraphs (5C) and (5D)).
(5B) The Licensee shall comply with any notice under paragraph (5A).
(5C) A notice under paragraph (5A) may not be given less than one month before the expiry or determination of the Licensee's rights under this licence in relation to the area, or the part of the area, in which the well is drilled.
(5D) A notice under paragraph (5A) may be given only in relation to a well from which the Licensee has not extracted any petroleum within the period of one month ending with the day on which the notice is given.
, and
(c) in paragraph (6) after “the Minister” (in the first place) insert “ , or in accordance with a notice under paragraph (5A), ”.
(4) In clause 39(4) (power of revocation: change of control) after “when this licence was granted” insert “ (or, if there has been an assignment or assignation of rights conferred by this licence, when those rights were assigned to the Licensee) ”.
(5) After clause 39 insert—
Power of partial revocation
39A (1) This clause applies in a case where two or more persons are the Licensee and—
(a) an event mentioned in clause 39(2)(c), (d), (e) or (g) occurs in relation to one of those persons, or
(b) the conditions specified in clause 39(3) are satisfied in relation to one of those persons.
(2) Where this clause applies, the Minister may exercise the power of revocation in clause 39 to revoke the licence in so far as it applies to the person mentioned in paragraph (1)(a) or (b).
(3) If the Minister exercises the power in paragraph (2), the rights granted to the person under this licence cease, but without prejudice to any obligation or liability incurred by the person or imposed under the terms and conditions of this licence.
(4) Where this licence is revoked in relation to one person under this clause, it continues to have effect in respect of the other person who constitutes, or persons who together constitute, the Licensee and in relation to whom it is not revoked.
8 (1) Part 2 of Schedule 8 (landward development licences) is amended as follows.
(2) After clause 6 (consequences of determination or surrender by licensee) insert—
Provision of contact details to Minister
6A (1) A notice, direction or other document authorised or required (in whatever terms) to be given to the Licensee by virtue of this licence is treated as given to the Licensee if it is given to the person specified by the Licensee under paragraph (2) at the address so specified.
(2) The Licensee must supply the Minister with the name and address of a person to whom notices, directions and other documents are to be given.
(3) The Licensee must ensure that, where there is a change in the person to whom, or the address to which, information should be sent in accordance with paragraph (2), the Minister is notified of the change as soon as is reasonably practicable.
(4) If the Licensee fails to comply with paragraph (2) the Minister may give the Licensee a notice which—
(a) requires the Licensee to comply with paragraph (2) within the period of one month beginning with the date of the notice, and
(b) states that, if the Licensee fails to do so, the Licensee will be treated as having supplied under paragraph (2) the name and address specified by the Minister in the notice.
(3) In clause 15 (abandonment and plugging of wells)—
(a) in paragraph (2) for “The” substitute “ Subject to paragraph (5B), the ”,
(b) after paragraph (5) insert—
(5A) The Minister may at any time give the Licensee a notice requiring a well drilled pursuant to this licence to be plugged and abandoned in accordance with paragraph (5) within the period specified in the notice (but this paragraph is subject to paragraphs (5C) and (5D)).
(5B) The Licensee shall comply with any notice under paragraph (5A).
(5C) A notice under paragraph (5A) may not be given less than one month before the expiry or determination of the Licensee's rights under this licence in relation to the area, or the part of the area, in which the well is drilled.
(5D) A notice under paragraph (5A) may be given only in relation to a well from which the Licensee has not extracted any petroleum within the period of one month ending with the day on which the notice is given.
, and
(c) in paragraph (6) after “the Minister” (in the first place) insert “ , or in accordance with a notice under paragraph (5A), ”.
(4) In clause 36(4) (power of revocation: change of control) after “when this licence was granted” insert “ (or, if there has been an assignment or assignation of rights conferred by this licence, when those rights were assigned to the Licensee) ”.
(5) After clause 36 insert—
Power of partial revocation
36A (1) This clause applies in a case where two or more persons are the Licensee and—
(a) an event mentioned in clause 36(2)(c), (d), (e) or (g) occurs in relation to one of those persons, or
(b) the conditions specified in clause 36(3) are satisfied in relation to one of those persons.
(2) Where this clause applies, the Minister may exercise the power of revocation in clause 36 to revoke the licence in so far as it applies to the person mentioned in paragraph (1)(a) or (b).
(3) If the Minister exercises the power in paragraph (2), the rights granted to the person under this licence cease, but without prejudice to any obligation or liability incurred by the person or imposed under the terms and conditions of this licence.
(4) Where this licence is revoked in relation to one person under this clause, it continues to have effect in respect of the other person who constitutes, or persons who together constitute, the Licensee and in relation to whom it is not revoked.
9 (1) Part 2 of Schedule 9 (seaward production licences) is amended as follows.
(2) After clause 8 (areas surrendered) insert—
Provision of contact details to Minister
8A (1) A notice, direction or other document authorised or required (in whatever terms) to be given to the Licensee by virtue of this licence is treated as given to the Licensee if it is given to the person specified by the Licensee under paragraph (2) at the address so specified.
(2) The Licensee must supply the Minister with the name and address of a person to whom notices, directions and other documents are to be given.
(3) The Licensee must ensure that, where there is a change in the person to whom, or the address to which, information should be sent in accordance with paragraph (2), the Minister is notified of the change as soon as is reasonably practicable.
(4) If the Licensee fails to comply with paragraph (2) the Minister may give the Licensee a notice which—
(a) requires the Licensee to comply with paragraph (2) within the period of one month beginning with the date of the notice, and
(b) states that, if the Licensee fails to do so, the Licensee will be treated as having supplied under paragraph (2) the name and address specified by the Minister in the notice.
(3) In clause 19 (abandonment and plugging of wells)—
(a) in paragraph (2) for “The” substitute “ Subject to paragraph (5B), the ”,
(b) after paragraph (5) insert—
(5A) The Minister may at any time give the Licensee a notice requiring a well drilled pursuant to this licence to be plugged and abandoned in accordance with paragraph (5) within the period specified in the notice (but this paragraph is subject to paragraphs (5C) and (5D)).
(5B) The Licensee shall comply with any notice under paragraph (5A).
(5C) A notice under paragraph (5A) may not be given less than one month before the expiry or determination of the Licensee's rights under this licence in relation to the area, or the part of the area, in which the well is drilled.
(5D) A notice under paragraph (5A) may be given only in relation to a well from which the Licensee has not extracted any petroleum within the period of one month ending with the day on which the notice is given.
, and
(c) in paragraph (6) after “the Minister” (in the first place) insert “ , or in accordance with a notice under paragraph (5A), ”.
(4) In clause 42(4) (power of revocation: change of control) after “when this licence was granted” insert “ (or, if there has been an assignment or assignation of rights conferred by this licence, when those rights were assigned to the Licensee) ”.
(5) After clause 42 insert—
Power of partial revocation
42A (1) This clause applies in a case where two or more persons are the Licensee and—
(a) an event mentioned in clause 42(2)(c), (d), (e) or (g) occurs in relation to one of those persons, or
(b) the conditions specified in clause 42(3) are satisfied in relation to one of those persons.
(2) Where this clause applies, the Minister may exercise the power of revocation in clause 42 to revoke the licence in so far as it applies to the person mentioned in paragraph (1)(a) or (b).
(3) If the Minister exercises the power in paragraph (2), the rights granted to the person under this licence cease, but without prejudice to any obligation or liability incurred by the person or imposed under the terms and conditions of this licence.
(4) Where this licence is revoked in relation to one person under this clause, it continues to have effect in respect of the other person who constitutes, or persons who together constitute, the Licensee and in relation to whom it is not revoked.
10 (1) Part 2 of Schedule 10 (seaward production licences) is amended as follows.
(2) After clause 8 (areas surrendered) insert—
Provision of contact details to Minister
8A (1) A notice, direction or other document authorised or required (in whatever terms) to be given to the Licensee by virtue of this licence is treated as given to the Licensee if it is given to the person specified by the Licensee under paragraph (2) at the address so specified.
(2) The Licensee must supply the Minister with the name and address of a person to whom notices, directions and other documents are to be given.
(3) The Licensee must ensure that, where there is a change in the person to whom, or the address to which, information should be sent in accordance with paragraph (2), the Minister is notified of the change as soon as is reasonably practicable.
(4) If the Licensee fails to comply with paragraph (2) the Minister may give the Licensee a notice which—
(a) requires the Licensee to comply with paragraph (2) within the period of one month beginning with the date of the notice, and
(b) states that, if the Licensee fails to do so, the Licensee will be treated as having supplied under paragraph (2) the name and address specified by the Minister in the notice.
(3) In clause 19 (abandonment and plugging of wells)—
(a) in paragraph (2), for “The” substitute “ Subject to paragraph (5B), the ”,
(b) after paragraph (5) insert—
(5A) The Minister may at any time give the Licensee a notice requiring a well drilled pursuant to this licence to be plugged and abandoned in accordance with paragraph (5) within the period specified in the notice (but this paragraph is subject to paragraphs (5C) and (5D)).
(5B) The Licensee shall comply with any notice under paragraph (5A).
(5C) A notice under paragraph (5A) may not be given less than one month before the expiry or determination of the Licensee's rights under this licence in relation to the area, or the part of the area, in which the well is drilled.
(5D) A notice under paragraph (5A) may be given only in relation to a well from which the Licensee has not extracted any petroleum within the period of one month ending with the day on which the notice is given.
, and
(c) in paragraph (6) after “the Minister” (in the first place) insert “ , or in accordance with a notice under paragraph (5A), ”.
(4) In clause 42(4) (power of revocation: change of control) after “when this licence was granted” insert “ (or, if there has been an assignment or assignation of rights conferred by this licence, when those rights were assigned to the Licensee) ”.
(5) After clause 42 insert—
Power of partial revocation
42A (1) This clause applies in a case where two or more persons are the Licensee and—
(a) an event mentioned in clause 42(2)(c), (d), (e) or (g) occurs in relation to one of those persons, or
(b) the conditions specified in clause 42(3) are satisfied in relation to one of those persons.
(2) Where this clause applies, the Minister may exercise the power of revocation in clause 42 to revoke the licence in so far as it applies to the person mentioned in paragraph (1)(a) or (b).
(3) If the Minister exercises the power in paragraph (2), the rights granted to the person under this licence cease, but without prejudice to any obligation or liability incurred by the person or imposed under the terms and conditions of this licence.
(4) Where this licence is revoked in relation to one person under this clause, it continues to have effect in respect of the other person who constitutes, or persons who together constitute, the Licensee and in relation to whom it is not revoked.
11 (1) Part 2 of Schedule 11 (seaward exploration licences) is amended as follows.
(2) After clause 5 (right of licensee to determine licence) insert—
Provision of contact details to Minister
5A (1) A notice, direction or other document authorised or required (in whatever terms) to be given to the Licensee by virtue of this licence is treated as given to the Licensee if it is given to the person specified by the Licensee under paragraph (2) at the address so specified.
(2) The Licensee must supply the Minister with the name and address of a person to whom notices, directions and other documents are to be given.
(3) The Licensee must ensure that, where there is a change in the person to whom, or the address to which, information should be sent in accordance with paragraph (2), the Minister is notified of the change as soon as is reasonably practicable.
(4) If the Licensee fails to comply with paragraph (2) the Minister may give the Licensee a notice which—
(a) requires the Licensee to comply with paragraph (2) within the period of one month beginning with the date of the notice, and
(b) states that, if the Licensee fails to do so, the Licensee will be treated as having supplied under paragraph (2) the name and address specified by the Minister in the notice.
(3) In clause 7 (abandonment and plugging of wells)—
(a) in paragraph (2) for “(5) and” substitute “ (4A) to ”, and
(b) after paragraph (4) insert—
(4A) The Minister may at any time before the expiry or determination of this licence give the Licensee a notice requiring a well drilled pursuant to this licence to be plugged and abandoned within the period specified in the notice (but this paragraph is subject to paragraphs (4C) and (4D)).
(4B) The Licensee shall comply with any notice under paragraph (4A).
(4C) A notice under paragraph (4A) may not be given less than one month before the expiry or determination of the Licensee's rights under this licence.
(4D) A notice under paragraph (4A) may be given only in relation to a well from which the Licensee has not extracted any petroleum within the period of one month ending with the day on which the notice is given.
(4) After clause 21 (power of revocation) insert—
Power of partial revocation
21A (1) This clause applies in a case where—
(a) two or more persons are the Licensee, and
(b) an event mentioned in clause 21(2)(c), (d), (e) or (f) occurs in relation to one of those persons.
(2) Where this clause applies, the Minister may exercise the power of revocation in clause 21 to revoke the licence in so far as it applies to the person mentioned in paragraph (1)(b).
(3) If the Minister exercises the power in paragraph (2), the rights granted to the person under this licence cease, but without prejudice to any obligation or liability incurred by the person or imposed under the terms and conditions of this licence.
(4) Where this licence is revoked in relation to one person under this clause, it continues to have effect in respect of the other person who constitutes, or persons who together constitute, the Licensee and in relation to whom it is not revoked.
12 (1) Part 2 of Schedule 12 (landward exploration licences) is amended as follows.
(2) After clause 6 (automatic termination of licence) insert—
Provision of contact details to Minister
6A (1) A notice, direction or other document authorised or required (in whatever terms) to be given to the Licensee by virtue of this licence is treated as given to the Licensee if it is given to the person specified by the Licensee under paragraph (2) at the address so specified.
(2) The Licensee must supply the Minister with the name and address of a person to whom notices, directions and other documents are to be given.
(3) The Licensee must ensure that, where there is a change in the person to whom, or the address to which, information should be sent in accordance with paragraph (2), the Minister is notified of the change as soon as is reasonably practicable.
(4) If the Licensee fails to comply with paragraph (2) the Minister may give the Licensee a notice which—
(a) requires the Licensee to comply with paragraph (2) within the period of one month beginning with the date of the notice, and
(b) states that, if the Licensee fails to do so, the Licensee will be treated as having supplied under paragraph (2) the name and address specified by the Minister in the notice.
(3) In clause 10 (abandonment and plugging of wells)—
(a) in paragraph (2) for “The” substitute “ Subject to paragraph (5B), the ”,
(b) after paragraph (5) insert—
(5A) The Minister may at any time give the Licensee a notice requiring a well drilled pursuant to this licence to be plugged and abandoned in accordance with paragraph (5), within the period specified in the notice (but this paragraph is subject to paragraphs (5C) and (5D)).
(5B) The Licensee shall comply with any notice under paragraph (5A).
(5C) A notice under paragraph (5A) may not be given less than one month before the expiry or determination of the Licensee's rights under this licence in relation to the area, or the part of the area, in which the well is drilled.
(5D) A notice under paragraph (5A) may be given only in relation to a well from which the Licensee has not extracted any petroleum within the period of one month ending with the day on which the notice is given.
, and
(c) in paragraph (6) after “the Minister” (in the first place) insert “ , or in accordance with a notice under paragraph (5A), ”.
(4) In clause 28(4) (power of revocation: change of control) after “when this licence was granted” insert “ (or, if there has been an assignment or assignation of rights conferred by this licence, when those rights were assigned to the Licensee) ”.
(5) After clause 28 insert—
Power of partial revocation
28A (1) This clause applies in a case where two or more persons are the Licensee and—
(a) an event mentioned in clause 28(2)(b), (c), (d) or (e) occurs in relation to one of those persons, or
(b) the conditions specified in clause 28(3) are satisfied in relation to one of those persons.
(2) Where this clause applies, the Minister may exercise the power of revocation in clause 28 to revoke the licence in so far as it applies to the person mentioned in paragraph (1)(a) or (b).
(3) If the Minister exercises the power in paragraph (2), the rights granted to the person under this licence cease, but without prejudice to any obligation or liability incurred by the person or imposed under the terms and conditions of this licence.
(4) Where this licence is revoked in relation to one person under this clause, it continues to have effect in respect of the other person who constitutes, or persons who together constitute, the Licensee and in relation to whom it is not revoked.
13 (1) Part 2 of Schedule 13 (landward appraisal licences) is amended as follows.
(2) After clause 6 (consequences of determination or surrender by licensee) insert—
Provision of contact details to Minister
6A (1) A notice, direction or other document authorised or required (in whatever terms) to be given to the Licensee by virtue of this licence is treated as given to the Licensee if it is given to the person specified by the Licensee under paragraph (2) at the address so specified.
(2) The Licensee must supply the Minister with the name and address of a person to whom notices, directions and other documents are to be given.
(3) The Licensee must ensure that, where there is a change in the person to whom, or the address to which, information should be sent in accordance with paragraph (2), the Minister is notified of the change as soon as is reasonably practicable.
(4) If the Licensee fails to comply with paragraph (2) the Minister may give the Licensee a notice which—
(a) requires the Licensee to comply with paragraph (2) within the period of one month beginning with the date of the notice, and
(b) states that, if the Licensee fails to do so, the Licensee will be treated as having supplied under paragraph (2) the name and address specified by the Minister in the notice.
(3) In clause 14 (abandonment and plugging of wells)—
(a) in paragraph (2) for “The” substitute “ Subject to paragraph (5B), the ”,
(b) after paragraph (5) insert—
(5A) The Minister may at any time give the Licensee a notice requiring a well drilled pursuant to this licence to be plugged and abandoned in accordance with paragraph (5) within the period specified in the notice (but this paragraph is subject to paragraphs (5C) and (5D)).
(5B) The Licensee must comply with any notice under paragraph (5A).
(5C) A notice under paragraph (5A) may not be given less than one month before the expiry or determination of the Licensee's rights under this licence in relation to the area, or the part of the area, in which the well is drilled.
(5D) A notice under paragraph (5A) may be given only in relation to a well from which the Licensee has not extracted any petroleum within the period of one month ending with the day on which the notice is given.
, and
(c) in paragraph (6) after “the Minister” insert “ , or in accordance with a notice under paragraph (5A), ”.
(4) In clause 33(4) (power of revocation: change of control) after “when this licence was granted” insert “ (or, if there has been an assignment or assignation of rights conferred by this licence, when those rights were assigned to the Licensee) ”.
(5) After clause 33 insert—
Power of partial revocation
33A (1) This clause applies in a case where two or more persons are the Licensee and—
(a) an event mentioned in clause 33(2)(c), (d), (e) or (f) occurs in relation to one of those persons, or
(b) the conditions specified in clause 33(3) are satisfied in relation to one of those persons.
(2) Where this clause applies, the Minister may exercise the power of revocation in clause 33 to revoke the licence in so far as it applies to the person mentioned in paragraph (1)(a) or (b).
(3) If the Minister exercises the power in paragraph (2), the rights granted to the person under this licence cease, but without prejudice to any obligation or liability incurred by the person or imposed under the terms and conditions of this licence.
(4) Where this licence is revoked in relation to one person under this clause, it continues to have effect in respect of the other person who constitutes, or persons who together constitute, the Licensee and in relation to whom it is not revoked.
14 (1) Part 2 of Schedule 14 (landward development licences) is amended as follows.
(2) After clause 6 (consequences of determination or surrender by licensee) insert—
Provision of contact details to Minister
6A (1) A notice, direction or other document authorised or required (in whatever terms) to be given to the Licensee by virtue of this licence is treated as given to the Licensee if it is given to the person specified by the Licensee under paragraph (2) at the address so specified.
(2) The Licensee must supply the Minister with the name and address of a person to whom notices, directions and other documents are to be given.
(3) The Licensee must ensure that, where there is a change in the person to whom, or the address to which, information should be sent in accordance with paragraph (2), the Minister is notified of the change as soon as is reasonably practicable.
(4) If the Licensee fails to comply with paragraph (2) the Minister may give the Licensee a notice which—
(a) requires the Licensee to comply with paragraph (2) within the period of one month beginning with the date of the notice, and
(b) states that, if the Licensee fails to do so, the Licensee will be treated as having supplied under paragraph (2) the name and address specified by the Minister in the notice.
(3) In clause 15 (abandonment and plugging of wells)—
(a) in paragraph (2) for “The” substitute “ Subject to paragraph (5B), the ”,
(b) after paragraph (5) insert—
(5A) The Minister may at any time give the Licensee a notice requiring a well drilled pursuant to this licence to be plugged and abandoned in accordance with paragraph (5) within the period specified in the notice (but this paragraph is subject to paragraphs (5C) and (5D)).
(5B) The Licensee shall comply with any notice under paragraph (5A).
(5C) A notice under paragraph (5A) may not be given less than one month before the expiry or determination of the Licensee's rights under this licence in relation to the area, or the part of the area, in which the well is drilled.
(5D) A notice under paragraph (5A) may be given only in relation to a well from which the Licensee has not extracted any petroleum within the period of one month ending with the day on which the notice is given.
, and
(c) in paragraph (6) after “the Minister” (in the first place) insert “ , or in accordance with a notice under paragraph (5A), ”.
(4) In clause 35(4) (power of revocation: change of control) after “when this licence was granted” insert “ (or, if there has been an assignment or assignation of rights conferred by this licence, when those rights were assigned to the Licensee) ”.
(5) After clause 35 insert—
Power of partial revocation
35A (1) This clause applies in a case where two or more persons are the Licensee and—
(a) an event mentioned in clause 35(2)(c), (d), (e) or (g) occurs in relation to one of those persons, or
(b) the conditions specified in clause 35(3) are satisfied in relation to one of those persons.
(2) Where this clause applies, the Minister may exercise the power of revocation in clause 35 to revoke the licence in so far as it applies to the person mentioned in paragraph (1)(a) or (b).
(3) If the Minister exercises the power in paragraph (2), the rights granted to the person under this licence cease, but without prejudice to any obligation or liability incurred by the person or imposed under the terms and conditions of this licence.
(4) Where this licence is revoked in relation to one person under this clause, it continues to have effect in respect of the other person who constitutes, or persons who together constitute, the Licensee and in relation to whom it is not revoked.
Part 3 Petroleum Licensing (Exploration and Production) (Seaward and Landward Areas) Regulations 2004
15 This Part of this Schedule amends the Petroleum Licensing (Exploration and Production) (Seaward and Landward Areas) Regulations 2004 (S.I. 2004/352).
16 (1) Schedule 1 (exploration licences) is amended as follows.
(2) After clause 5 (right of licensee to determine licence) insert—
Provision of contact details to Minister
5A (1) A notice, direction or other document authorised or required (in whatever terms) to be given to the Licensee by virtue of this licence is treated as given to the Licensee if it is given to the person specified by the Licensee under paragraph (2) at the address so specified.
(2) The Licensee must supply the Minister with the name and address of a person to whom notices, directions and other documents are to be given.
(3) The Licensee must ensure that, where there is a change in the person to whom, or the address to which, information should be sent in accordance with paragraph (2), the Minister is notified of the change as soon as is reasonably practicable.
(4) If the Licensee fails to comply with paragraph (2) the Minister may give the Licensee a notice which—
(a) requires the Licensee to comply with paragraph (2) within the period of one month beginning with the date of the notice, and
(b) states that, if the Licensee fails to do so, the Licensee will be treated as having supplied under paragraph (2) the name and address specified by the Minister in the notice.
(3) In clause 7 (abandonment and plugging of wells)—
(a) in paragraph (2) for “(5) and” substitute “ (4A) to ”, and
(b) after paragraph (4) insert—
(4A) The Minister may at any time before the expiry or determination of this licence give the Licensee a notice requiring a Well drilled pursuant to this licence to be plugged and abandoned within the period specified in the notice (but this paragraph is subject to paragraphs (4C) and (4D)).
(4B) The Licensee shall comply with any notice under paragraph (4A).
(4C) A notice under paragraph (4A) may not be given less than one month before the expiry or determination of the Licensee's rights under this licence in relation to the area in which the Well is drilled.
(4D) A notice under paragraph (4A) may be given only in relation to a Well from which the Licensee has not extracted any petroleum within the period of one month ending with the day on which the notice is given.
(4) After clause 20 (power of revocation) insert—
Power of partial revocation
20A (1) This clause applies in a case where—
(a) two or more persons are the Licensee, and
(b) an event mentioned in clause 20(2)(c), (d), (e), (ee) or (f) occurs in relation to one of those persons.
(2) Where this clause applies, the Minister may exercise the power of revocation in clause 20 to revoke the licence in so far as it applies to the person mentioned in paragraph (1)(b).
(3) If the Minister exercises the power in paragraph (2), the rights granted to the person under this licence cease, but without prejudice to any obligation or liability incurred by the person or imposed under the terms and conditions of this licence.
(4) Where this licence is revoked in relation to one person under this clause, it continues to have effect in respect of the other person who constitutes, or persons who together constitute, the Licensee and in relation to whom it is not revoked.
17 (1) Schedule 2 (frontier areas: production licences without break clause) is amended as follows.
(2) After clause 9 (areas surrendered) insert—
Provision of contact details to Minister
9A (1) A notice, direction or other document authorised or required (in whatever terms) to be given to the Licensee by virtue of this licence is treated as given to the Licensee if it is given to the person specified by the Licensee under paragraph (2) at the address so specified.
(2) The Licensee must supply the Minister with the name and address of a person to whom notices, directions and other documents are to be given.
(3) The Licensee must ensure that, where there is a change in the person to whom, or the address to which, information should be sent in accordance with paragraph (2), the Minister is notified of the change as soon as is reasonably practicable.
(4) If the Licensee fails to comply with paragraph (2) the Minister may give the Licensee a notice which—
(a) requires the Licensee to comply with paragraph (2) within the period of one month beginning with the date of the notice, and
(b) states that, if the Licensee fails to do so, the Licensee will be treated as having supplied under paragraph (2) the name and address specified by the Minister in the notice.
(3) In clause 16 (abandonment and plugging of wells)—
(a) in paragraph (2) for “The” substitute “ Subject to paragraph (5B), the ”,
(b) after paragraph (5) insert—
(5A) The Minister may at any time give the Licensee a notice requiring a well drilled pursuant to this licence to be plugged and abandoned in accordance with paragraph (5) within the period specified in the notice (but this paragraph is subject to paragraphs (5C) and (5D)).
(5B) The Licensee shall comply with any notice under paragraph (5A).
(5C) A notice under paragraph (5A) may not be given less than one month before the expiry or determination of the Licensee's rights under this licence in relation to the area, or the part of the area, in which the well is drilled.
(5D) A notice under paragraph (5A) may be given only in relation to a well from which the Licensee has not extracted any petroleum within the period of one month ending with the day on which the notice is given.
, and
(c) in paragraph (6) after “Subject to paragraphs” insert “ (5A) to (5D), ”.
(4) In clause 38(4) (power of revocation: change of control) after “when this licence was granted” insert “ (or, if there has been an assignment or assignation of rights conferred by this licence, when those rights were assigned to the Licensee) ”.
(5) After clause 38 (power of revocation) insert—
Power of partial revocation
38A (1) This clause applies in a case where two or more persons are the Licensee and—
(a) an event mentioned in clause 38(2)(c), (d), (e), (ee) or (g) occurs in relation to one of those persons, or
(b) the conditions specified in clause 38(3) are satisfied in relation to one of those persons.
(2) Where this clause applies, the Minister may exercise the power of revocation in clause 38 to revoke the licence in so far as it applies to the person mentioned in paragraph (1)(a) or (b).
(3) If the Minister exercises the power in paragraph (2), the rights granted to the person under this licence cease, but without prejudice to any obligation or liability incurred by the person or imposed under the terms and conditions of this licence.
(4) Where this licence is revoked in relation to one person under this clause, it continues to have effect in respect of the other person who constitutes, or persons who together constitute, the Licensee and in relation to whom it is not revoked.
18 (1) Schedule 3 (frontier areas: production licences with break clause) is amended as follows.
(2) After clause 10 (areas surrendered) insert—
Provision of contact details to Minister
10A (1) A notice, direction or other document authorised or required (in whatever terms) to be given to the Licensee by virtue of this licence is treated as given to the Licensee if it is given to the person specified by the Licensee under paragraph (2) at the address so specified.
(2) The Licensee must supply the Minister with the name and address of a person to whom notices, directions and other documents are to be given.
(3) The Licensee must ensure that, where there is a change in the person to whom, or the address to which, information should be sent in accordance with paragraph (2), the Minister is notified of the change as soon as is reasonably practicable.
(4) If the Licensee fails to comply with paragraph (2) the Minister may give the Licensee a notice which—
(a) requires the Licensee to comply with paragraph (2) within the period of one month beginning with the date of the notice, and
(b) states that, if the Licensee fails to do so, the Licensee will be treated as having supplied under paragraph (2) the name and address specified by the Minister in the notice.
(3) In clause 17 (abandonment and plugging of wells)—
(a) in paragraph (2) for “The” substitute “ Subject to paragraph (5B), the ”,
(b) after paragraph (5) insert—
(5A) The Minister may at any time give the Licensee a notice requiring a well drilled pursuant to this licence to be plugged and abandoned in accordance with paragraph (5) within the period specified in the notice (but this paragraph is subject to paragraphs (5C) and (5D)).
(5B) The Licensee shall comply with any notice under paragraph (5A).
(5C) A notice under paragraph (5A) may not be given less than one month before the expiry or determination of the Licensee's rights under this licence in relation to the area, or the part of the area, in which the well is drilled.
(5D) A notice under paragraph (5A) may be given only in relation to a well from which the Licensee has not extracted any petroleum within the period of one month ending with the day on which the notice is given.
, and
(c) in paragraph (6) after “Subject to paragraphs” insert “ (5A) to (5D), ”.
(4) In clause 39(4) (power of revocation: change of control) after “when this licence was granted” insert “ (or, if there has been an assignment or assignation of rights conferred by this licence, when those rights were assigned to the Licensee) ”.
(5) After clause 39 (power of revocation) insert—
Power of partial revocation
39A (1) This clause applies in a case where two or more persons are the Licensee and—
(a) an event mentioned in clause 39(2)(c), (d), (e), (ee) or (g) occurs in relation to one of those persons, or
(b) the conditions specified in clause 39(3) are satisfied in relation to one of those persons.
(2) Where this clause applies, the Minister may exercise the power of revocation in clause 39 to revoke the licence in so far as it applies to the person mentioned in paragraph (1)(a) or (b).
(3) If the Minister exercises the power in paragraph (2), the rights granted to the person under this licence cease, but without prejudice to any obligation or liability incurred by the person or imposed under the terms and conditions of this licence.
(4) Where this licence is revoked in relation to one person under this clause, it continues to have effect in respect of the other person who constitutes, or persons who together constitute, the Licensee and in relation to whom it is not revoked.
19 (1) Schedule 4 (production licences for areas other than frontier areas) is amended as follows.
(2) After clause 8 (areas surrendered) insert—
Provision of contact details to Minister
8A (1) A notice, direction or other document authorised or required (in whatever terms) to be given to the Licensee by virtue of this licence is treated as given to the Licensee if it is given to the person specified by the Licensee under paragraph (2) at the address so specified.
(2) The Licensee must supply the Minister with the name and address of a person to whom notices, directions and other documents are to be given.
(3) The Licensee must ensure that, where there is a change in the person to whom, or the address to which, information should be sent in accordance with paragraph (2), the Minister is notified of the change as soon as is reasonably practicable.
(4) If the Licensee fails to comply with paragraph (2) the Minister may give the Licensee a notice which—
(a) requires the Licensee to comply with paragraph (2) within the period of one month beginning with the date of the notice, and
(b) states that, if the Licensee fails to do so, the Licensee will be treated as having supplied under paragraph (2) the name and address specified by the Minister in the notice.
(3) In clause 15 (abandonment and plugging of wells)—
(a) in paragraph (2) for “The” substitute “ Subject to paragraph (5B), the ”,
(b) after paragraph (5) insert—
(5A) The Minister may at any time give the Licensee a notice requiring a well drilled pursuant to this licence to be plugged and abandoned in accordance with paragraph (5) within the period specified in the notice (but this paragraph is subject to paragraphs (5C) and (5D)).
(5B) The Licensee shall comply with any notice under paragraph (5A).
(5C) A notice under paragraph (5A) may not be given less than one month before the expiry or determination of the Licensee's rights under this licence in relation to the area or the part of the area in which the well is drilled.
(5D) A notice under paragraph (5A) may be given only in relation to a well from which the Licensee has not extracted any petroleum within the period of one month ending with the day on which the notice is given.
, and
(c) in paragraph (6) after “Subject to paragraphs” insert “ (5A) to (5D), ”.
(4) In clause 37(4) (power of revocation: change of control) after “when this licence was granted” insert “ (or, if there has been an assignment or assignation of rights conferred by this licence, when those rights were assigned to the Licensee) ”.
(5) After clause 37 (power of revocation) insert—
Power of partial revocation
37A (1) This clause applies in a case where two or more persons are the Licensee and—
(a) an event mentioned in clause 37(2)(c), (d), (e), (ee) or (g) occurs in relation to one of those persons, or
(b) the conditions specified in clause 37(3) are satisfied in relation to one of those persons.
(2) Where this clause applies, the Minister may exercise the power of revocation in clause 37 to revoke the licence in so far as it applies to the person mentioned in paragraph (1)(a) or (b).
(3) If the Minister exercises the power in paragraph (2), the rights granted to the person under this licence cease, but without prejudice to any obligation or liability incurred by the person or imposed under the terms and conditions of this licence.
(4) Where this licence is revoked in relation to one person under this clause, it continues to have effect in respect of the other person who constitutes, or persons who together constitute, the Licensee and in relation to whom it is not revoked.
20 (1) Schedule 6 (exploration and development licences) is amended as follows.
(2) After clause 8 (consequences of determination or surrender by licensee) insert—
Provision of contact details to Minister
8A (1) A notice, direction or other document authorised or required (in whatever terms) to be given to the Licensee by virtue of this licence is treated as given to the Licensee if it is given to the person specified by the Licensee under paragraph (2) at the address so specified.
(2) The Licensee must supply the Minister with the name and address of a person to whom notices, directions and other documents are to be given.
(3) The Licensee must ensure that, where there is a change in the person to whom, or the address to which, information should be sent in accordance with paragraph (2), the Minister is notified of the change as soon as is reasonably practicable.
(4) If the Licensee fails to comply with paragraph (2) the Minister may give the Licensee a notice which—
(a) requires the Licensee to comply with paragraph (2) within the period of one month beginning with the date of the notice, and
(b) states that, if the Licensee fails to do so, the Licensee will be treated as having supplied under paragraph (2) the name and address specified by the Minister in the notice.
(3) In clause 15 (abandonment and plugging of wells)—
(a) in paragraph (2) for “The” substitute “ Subject to paragraph (5B), the ”,
(b) after paragraph (5) insert—
(5A) The Minister may at any time give the Licensee a notice requiring a well drilled pursuant to this licence to be plugged and abandoned in accordance with paragraph (5) within the period specified in the notice (but this paragraph is subject to paragraphs (5C) and (5D)).
(5B) The Licensee shall comply with any notice under paragraph (5A).
(5C) A notice under paragraph (5A) may not be given less than one month before the expiry or determination of the Licensee's rights under this licence in relation to the area, or the part of the area, in which the well is drilled.
(5D) A notice under paragraph (5A) may be given only in relation to a well from which the Licensee has not extracted any petroleum within the period of one month ending with the day on which the notice is given.
, and
(c) in paragraph (6) after “Subject to paragraphs” insert “ (5A) to (5D), ”.
(4) In clause 36(4) (power of revocation: change of control) after “when this licence was granted” insert “ (or, if there has been an assignment or assignation of rights conferred by this licence, when those rights were assigned to the Licensee) ”.
(5) After clause 36 (power of revocation) insert—
Power of partial revocation
36A (1) This clause applies in a case where two or more persons are the Licensee and—
(a) an event mentioned in clause 36(2)(c), (d), (e), (ee) or (g) occurs in relation to one of those persons, or
(b) the conditions specified in clause 36(3) are satisfied in relation to one of those persons.
(2) Where this clause applies, the Minister may exercise the power of revocation in clause 36 to revoke the licence in so far as it applies to the person mentioned in paragraph (1)(a) or (b).
(3) If the Minister exercises the power in paragraph (2), the rights granted to the person under this licence cease, but without prejudice to any obligation or liability incurred by the person or imposed under the terms and conditions of this licence.
(4) Where this licence is revoked in relation to one person under this clause, it continues to have effect in respect of the other person who constitutes, or persons who together constitute, the Licensee and in relation to whom it is not revoked.
Section 91
Part 1 Gas
1 After section 41H of the Gas Act 1986 (c. 44), insert—
New licensable activities: smart meters
41HA (1) The Secretary of State may by order amend this Part so as to provide—
(a) for one or more activities within subsection (3) to be added to the activities which are licensable activities, or
(b) where an order has previously been made under paragraph (a) in relation to an activity, for the activity to cease to be a licensable activity.
(2) For the purposes of this Part activities are licensable activities if undertaking them without the authority of a licence or exemption constitutes an offence under section 5(1).
(3) The activities within this subsection are activities connected with the provision, installation or operation of relevant meters, including the provision or installation of infrastructure, or the provision of services, in connection with the communication of information by or to such meters.
(4) In this section—
(a) “relevant meter” means a meter of a kind prescribed by the order;
(b) a reference to a meter includes a reference to a visual display unit, or any other device, associated with or ancillary to a meter.
(5) An order under this section may make consequential, transitional, incidental or supplementary provision, including—
(a) amendments (or repeals) in any provision of this Act or any other enactment;
(b) in the case of an order under subsection (1)(a), provision determining the conditions which are to be standard conditions for the purposes of licences authorising the undertaking of the activities;
(c) provision modifying any standard conditions of licences.
(6) Without prejudice to the generality of subsections (1) and (5), an order under this section may also make provision—
(a) for licences to authorise the holder to carry out the licensable activities in any area, or only in an area specified in the licence;
(b) enabling the terms of the licence to be modified so as to extend or restrict the area in which the licence holder may carry on the licensable activities;
(c) specifying that a licence, and any modification of a licence, must be in writing;
(d) for a licence, if not previously revoked, to continue in force for such period as may be specified in or determined by or under the licence;
(e) conferring functions on the Secretary of State or the Authority.
(7) An order under this section may provide that it is to remain in force only for the period specified in the order.
Section 41HA: supplemental
41HB (1) Before making an order under section 41HA, the Secretary of State must consult—
(a) the Authority, and
(b) such other persons as the Secretary of State thinks appropriate.
(2) The power to make such an order may not be exercised after the end of the period of 5 years beginning with the day on which section 41HA comes into force.
(3) An order under section 41HA may not be made unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.
(4) Subsections (1) to (3) of section 47 apply in relation to orders under section 41HA as they apply in relation to regulations under this Part.
Competitive tenders for licences for new licensable activities
41HC (1) The Secretary of State may by regulations make provision for a determination on a competitive basis of the person to whom a licence in respect of new licensable activities is to be granted.
(2) In this section “new licensable activities” means one or more activities which are the subject of an order under section 41HA(1)(a).
(3) The regulations may—
(a) provide for the determination to be made by the Secretary of State or the Authority;
(b) provide, in prescribed cases, for the publication of a proposal to grant a licence in respect of the new licensable activities;
(c) provide for the inclusion in such a proposal of an invitation to apply for such a licence;
(d) impose conditions in relation to the making of an application for a licence;
(e) impose restrictions in relation to persons who may apply for a licence;
(f) impose requirements as to the period within which applications must be made;
(g) make provision for regulating the manner in which applications are to be considered or determined;
(h) authorise or require the Secretary of State or the Authority, when determining to whom a licence is to be granted, to have regard to the person's suitability for being granted both the licence and an electricity licence;
(i) confer on the Authority or the Secretary of State functions in connection with tender exercises.
(4) The regulations may also include provision—
(a) enabling the Secretary of State or the Authority to require prescribed persons, in relation to a tender exercise, to make payments, in the form and manner prescribed, in respect of tender costs;
(b) about the effect on a person's participation in the tender exercise of a failure to comply with a requirement imposed by virtue of paragraph (a), and the circumstances in which the tender exercise is to stop as a result of such a failure.
(5) In this section—
“electricity licence” means a licence for an activity to which an order under section 56FA(1)(a) of the Electricity Act 1989 applies;
“prescribed” means prescribed in or determined under regulations under this section;
“tender costs”, in relation to a tender exercise, means any costs incurred or likely to be incurred by the Authority or the Secretary of State for the purposes of the exercise;
“tender exercise” means the steps taken in accordance with regulations with a view to determining to whom a particular licence is to be granted.
(6) Any sums received by the Secretary of State or the Authority under regulations made by virtue of this section are to be paid into the Consolidated Fund.
Part 2 Electricity
2 After section 56F of the Electricity Act 1989 (c. 29) insert—
New licensable activities: smart meters
56FA (1) The Secretary of State may by order amend this Part so as to provide—
(a) for one or more activities within subsection (3) to be added to the activities which are licensable activities, or
(b) where an order has previously been made under paragraph (a) in relation to an activity, for the activity to cease to be a licensable activity.
(2) For the purposes of this Part activities are licensable activities if undertaking them without the authority of a licence or exemption constitutes an offence under section 4(1).
(3) The activities within this subsection are activities connected with the provision, installation or operation of relevant meters, including the provision or installation of infrastructure, or the provision of services, in connection with the communication of information by or to such meters.
(4) In this section—
(a) “relevant meter” means a meter of a kind prescribed by the order;
(b) a reference to a meter includes a reference to a visual display unit, or any other device, associated with or ancillary to a meter.
(5) An order under this section may make consequential, transitional, incidental or supplementary provision, including—
(a) amendments (or repeals) in any provision of this Act or any other enactment;
(b) in the case of an order under subsection (1)(a), provision determining the conditions which are to be standard conditions for the purposes of licences authorising the undertaking of the activities;
(c) provision modifying any standard conditions of licences.
(6) Without prejudice to the generality of subsections (1) and (5), an order under this section may also make provision—
(a) for licences to authorise the holder to carry out the licensable activities in any area, or only in an area specified in the licence;
(b) enabling the terms of the licence to be modified so as to extend or restrict the area in which the licence holder may carry on the licensable activities;
(c) specifying that a licence, and any modification of a licence, must be in writing;
(d) for a licence, if not previously revoked, to continue in force for such period as may be specified in or determined by or under the licence;
(e) conferring functions on the Secretary of State or the Authority.
(7) An order under this section may provide that it is to remain in force only for the period specified in the order.
Section 56FA: supplemental
56FB (1) Before making an order under section 56FA, the Secretary of State must consult—
(a) the Authority, and
(b) such other persons as the Secretary of State thinks appropriate.
(2) The power to make such an order may not be exercised after the end of the period of 5 years beginning with the day on which section 56FA comes into force.
(3) An order under section 56FA may not be made unless a draft of the statutory instrument containing it has been laid before, and approved by resolution of, each House of Parliament.
(4) Section 60 applies in relation to an order under this section as it applies in relation to regulations under this Part.
Competitive tenders for licences for new licensable activities
56FC (1) The Secretary of State may by regulations make provision for a determination on a competitive basis of the person to whom a licence in respect of new licensable activities is to be granted.
(2) In this section “new licensable activities” means one or more activities which are the subject of an order under section 56FA(1)(a).
(3) The regulations may—
(a) provide for the determination to be made by the Secretary of State or the Authority;
(b) provide, in prescribed cases, for the publication of a proposal to grant a licence in respect of the new licensable activities;
(c) provide for the inclusion in such a proposal of an invitation to apply for such a licence;
(d) impose conditions in relation to the making of an application for a licence;
(e) impose restrictions in relation to persons who may apply for a licence;
(f) impose requirements as to the period within which applications must be made;
(g) make provision for regulating the manner in which applications are to be considered or determined;
(h) authorise or require the Secretary of State or the Authority, when determining to whom a licence is to be granted, to have regard to the person's suitability for being granted both the licence and a gas licence;
(i) confer on the Authority or the Secretary of State functions in connection with tender exercises.
(4) The regulations may also include provision—
(a) enabling the Secretary of State or the Authority to require prescribed persons, in relation to a tender exercise, to make payments, in the form and manner prescribed, in respect of tender costs;
(b) about the effect on a person's participation in the tender exercise of a failure to comply with a requirement imposed by virtue of paragraph (a), and the circumstances in which the tender exercise is to stop as a result of such a failure.
(5) In this section—
“gas licence” means a licence for an activity to which an order under section 41HA of the Gas Act 1986 applies;
“prescribed” means prescribed in or determined under regulations under this section;
“tender costs”, in relation to a tender exercise, means any costs incurred or likely to be incurred by the Authority or the Secretary of State for the purposes of the exercise;
“tender exercise” means the steps taken in accordance with regulations with a view to determining to whom a particular licence is to be granted.
(6) Any sums received by the Secretary of State or the Authority under regulations made by virtue of this section are to be paid into the Consolidated Fund.
Section 107
Pipe-lines Act 1962 (c. 58)
1 In section 54 of the Pipe-lines Act 1962 (offences by corporations), in subsection (1) after “any of the provisions of this Act” insert “ (other than section 10H) ”.
Gas Act 1986 (c. 44)
2 In section 64(2) of the Gas Act 1986 (orders) after “41C” insert “ , 41HA, ”.
Electricity Act 1989 (c. 29)
3 In section 25 of the Electricity Act 1989 (orders for securing compliance), in subsection (8), in the definition of “relevant requirement” for “sections 32 to 32C” substitute “ sections 32 to 32M ”.
4 In section 47 of that Act (general functions of the Authority)—
(a) in subsection (1A) after “microgeneration” insert “ or small-scale low-carbon generation ”, and
(b) for subsection (1B) substitute—
(1B) In subsection (1A)—
“microgeneration” has the same meaning as in the Climate Change and Sustainable Energy Act 2006;
“small-scale low-carbon generation” has the same meaning as in section 41 of the Energy Act 2008.
5 In section 106 of that Act (regulations and orders), after subsection (1) insert—
(1A) Any power of the Scottish Ministers to make orders under section 32 is exercisable by statutory instrument.
6 In section 106(2)(b) of that Act (regulations and orders) for “or 56A” substitute “ , 56A or 56FA ”.
Petroleum Act 1998 (c. 17)
7 The Petroleum Act 1998 is amended as follows.
8 In section 5(9) (alteration of licences) for “an instrument under seal” substitute “ deed ”.
9 In section 31(1) (notices: supplementary provision) omit “(d) or”.
10 In section 34 (revision of programmes)—
(a) in subsection (2)(a), after “(b)” insert “ (ba), ”, and
(b) in subsection (3) omit “(d) or”.
11 In section 45 (interpretation), in the definition of “submarine pipeline” after “which is” insert “ , or is intended to be established, ”.
Utilities Act 2000 (c. 27)
12 The Utilities Act 2000 is amended as follows.
13 In section 33 (standard conditions of electricity licences), in subsection (1)—
(a) after paragraph (b) omit “, or”, and
(b) after paragraph (c) insert
, or
(d) under section 41, 84, 88 or 97 of the Energy Act 2008 (power to amend licence conditions).
14 In section 81 (standard conditions of gas licences), in subsection (2) for “or under the Energy Act 2004” substitute “ , under the Energy Act 2004 or under section 88 or 94 of the Energy Act 2008 (power to amend licence conditions) ”.
15 In section 105 (general restrictions on disclosure of information)—
(a) in subsection (1)(a), omit the words from “or section 184(5)” to the end and insert “ , section 184(5) or 185(5) of the Energy Act 2004 or section 41 or 100 of the Energy Act 2008; ”,
(b) in subsection (3)(a), after “2004” insert “ sections 41 to 43 or section 100 of the Energy Act 2008 ”, and
(c) in subsection (8)(a) after “section” (in the second place) insert “ 32J or ”.
Energy Act 2004 (c. 20)
16 The Energy Act 2004 is amended as follows.
17 Omit section 105(9) (power to require provision of information in connection with decommissioning programme).
18 Omit section 107(5) to (7) (power to require provision of information in connection with decommissioning programme).
19 In section 132 (interpretation of Chapter 5 of Part 2), in subsection (4), in the definition of “fossil fuel” for “section 32” substitute “ section 32M ”.
20 In section 185 (adjustment of transmission charges), in subsection (14), in the definition of “renewable sources” for “evidence” to the end substitute “ renewables obligation certificates (within the meaning of section 32B of that Act) in respect of electricity generated from those sources is capable of satisfying a renewables obligation imposed by a renewables obligation order (within the meaning of section 32 of that Act); ”.
21 In Schedule 13 (directions given to the Civil Nuclear Police Authority), in paragraph 2(1)(h) for “officers of the Secretary of State's department” substitute “ persons authorised by the Secretary of State ”.
Section 108
Short title and chapter | Extent of repeal
Pipe-lines Act 1962 (c. 58) | In section 66(1)— in the definition of “gas processing operation”, “and” after paragraph (b); in the definition of “terminal”, “and” after paragraph (b).
Gas Act 1986 (c. 44) | Section 4AA(5)(ba). In section 17(9), “with the consent of the Secretary of State”.
Electricity Act 1989 (c. 29) | Section 3A(5)(ba).
Gas Act 1995 (c. 45) | In section 12(6), in the definition of “gas processing operation”, “and” at the end of paragraph (b).
Petroleum Act 1998 (c. 17) | Section 26(2). In section 28(1), in the definition of “gas processing operation”, “and” after paragraph (b). In section 31(1), “(d) or”. In section 34(3), “(d) or”.
Utilities Act 2000 (c. 27) | In section 33(1), “or” at the end of paragraph (b).
Sustainable Energy Act 2003 (c. 30) | In section 1— subsection (1A)(a), (b) and (c), and subsections (1B) and (1C).
Energy Act 2004 (c. 20) | Section 81(3). Section 105(9). Section 107(5) to (7). Section 116. Section 180(2).
Climate Change and Sustainable Energy Act 2006 (c. 19) | In section 5, in subsection (2) “and as if” to the end. Section 18. Section 22(b) and “and” immediately preceding it. Sections 23 and 24.