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| | Acquisition of rights to use gas processing facilities for downstream purposes |
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| To move the following Clause:— |
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| | ‘(1) | Section 12 of the Gas Act 1995 (acquisition of rights to use gas processing |
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| | facilities) is amended as follows. |
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| | (2) | In the heading at the end insert “for downstream purposes”. |
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| | (3) | For “the Secretary of State” (in each place those words occur) substitute “the |
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| | (a) | in the words before paragraph (a), after “gas processing facility” insert |
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| | “which processes gas for a downstream purpose”; |
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| | (b) | in that paragraph for “on that person’s behalf” substitute “for such a |
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| | (5) | After subsection (1) insert— |
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| | “(1ZA) | At least two months before publishing those conditions or any changes to |
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| | them under subsection (1), the owner of the facility must— |
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| | (a) | publish a draft of the proposed conditions or changes; and |
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| | (b) | inform any person who has a right to have gas processed by the |
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| | facility that the draft has been published. |
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| | (1ZB) | The owner of the facility must take into account any representations |
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| | received about the proposed conditions or changes before publishing |
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| | them, or a modified version of them, as final conditions or changes under |
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| | (6) | In subsection (1B) for “on his behalf” substitute “for a downstream purpose”. |
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| | (a) | omit the “and” immediately preceding paragraph (c); |
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| | (b) | after paragraph (c) insert “; and |
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| | (d) | that the gas is to be processed for a downstream |
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| | (8) | In subsection (1G) for “he” substitute “it”. |
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| | (9) | In subsection (2)(b) for “his” substitute “its”. |
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| | (10) | For subsections (5) and (5A) substitute— |
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| | “(5) | Sections 28 to 30F of the 1986 Act (enforcement of relevant requirements |
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| | etc) apply in relation to the owner of a gas processing facility as if— |
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| | (a) | references to “a licence holder” were references to the owner of |
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| | (b) | references to a “relevant requirement” were references to a |
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| | requirement imposed on the owner under this section. |
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| | (5A) | For the purposes of this section, gas is processed for “a downstream |
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| | purpose” if it is processed with a view to its being put into a gas storage |
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| | facility, an LNG import or export facility, a gas interconnector or a |
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| | distribution system pipeline.” |
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| | (a) | in the definition of “gas processing facility” for the words from “carries” |
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| | (a) | carries out gas processing operations; |
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| | (b) | is operated otherwise than by a gas transporter; and |
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| | (c) | is not an LNG import or export facility;”; |
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| | (b) | insert, in the appropriate place, the following definitions— |
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| | ““authorised transporter” has the same meaning as in Part 1 of the |
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| | ““the Authority” means the Gas and Electricity Markets |
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| | ““distribution system operator” has the meaning given by Article |
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| | 2(6) of Directive 2009/73/EC of the European Parliament and of |
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| | the Council of 13 July 2009 concerning common rules for the |
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| | internal market in natural gas and repealing Directive 2003/55/ |
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| | ““distribution system pipeline” means a pipeline operated by an |
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| | authorised transporter who is a distribution system operator;”; |
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| | ““gas interconnector” has the same meaning as in Part 1 of the 1986 |
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| | ““gas storage facility” means a facility in Great Britain (including |
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| | the territorial sea adjacent to Great Britain and the sea in any area |
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| | designated under section 1(7) of the Continental Shelf Act 1964) |
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| | for either or both of the following— |
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| | (a) | the storage in porous strata, or in cavities in strata, of gas |
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| | which has been, or will be, conveyed in a pipeline |
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| | system operated by the holder of a licence under section |
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| | 7 or 7ZA of the 1986 Act; |
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| | (b) | the storage of liquid gas which, if regasified, would be |
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| | suitable for conveyance through pipes to premises in |
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| | accordance with a licence under section 7 of the 1986 |
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| | but the reference in paragraph (b) to the storage of liquid gas |
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| | does not include such temporary storage as is mentioned in the |
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| | definition of “LNG import or export facility”;”; |
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| | ““LNG import or export facility” means a facility in Great Britain |
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| | (including the territorial sea adjacent to Great Britain and the sea |
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| | in any area designated under section 1(7) of the Continental |
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| | (a) | the importation into Great Britain and regasification of |
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| | liquid gas prior to its conveyance to a pipeline system |
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| | operated by the holder of a licence under section 7 or |
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| | section 7ZA of the 1986 Act, or the liquefaction of gas |
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| | for the purpose of its export from Great Britain; and |
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| | (b) | any activity, including temporary storage of gas or liquid |
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| | gas, which is necessary for that importation, |
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| | regasification or liquefaction;”; |
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| | ““storage”, in relation to liquid gas in a gas storage facility, includes |
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| | any liquefaction of gas or regasification of liquid gas ancillary to |
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| | the storage of liquid gas, and “stored”, in relation to liquid gas in |
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| | a gas storage facility, shall be construed accordingly;”. |
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| | (12) | For subsection (7) substitute— |
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| | “(7) | Section 89 of the Energy Act 2011 (meaning of “associate”) applies for |
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| | the purposes of subsection (3) of this section as it applies for the purposes |
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| | of section 80(6)(d) and (8)(a) of that Act.”’. |
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| | Regulation of security of nuclear construction sites |
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| To move the following Clause:— |
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| | ‘(1) | Section 77 of the Anti-terrorism, Crime and Security Act 2001 (regulation of |
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| | security of civil nuclear industry) is amended as follows. |
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| | (2) | In subsection (1) (list of matters that may be regulated) after paragraph (c) |
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| | “(cza) | nuclear construction sites and equipment used or stored on such |
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| | (3) | In subsection (7) after the definition of “equipment” insert— |
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| | ““nuclear construction site” means a site— |
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| | (a) | on which works are being carried out with a view to its becoming |
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| | a nuclear site used wholly or mainly for purposes other than |
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| | (b) | which is situated within 5 kilometres of an existing nuclear |
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| | Abandonment: infrastructure converted for CCS demonstration projects |
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| To move the following Clause:— |
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| | ‘(1) | The Energy Act 2008 is amended as follows. |
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| | (2) | After section 30 insert— |
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| | “30A | Installations converted for CCS demonstration projects |
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| | (1) | The Secretary of State may by order designate an installation as an |
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| | eligible CCS installation. |
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| | (2) | But an order may not be made under subsection (1) in relation to— |
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| | (a) | a carbon storage installation established or maintained under a |
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| | licence granted by the Scottish Ministers, or |
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| | (b) | any other installation established or maintained wholly or partly |
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| | (3) | An order under subsection (1) ceases to have effect if the installation in |
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| | relation to which it is made becomes an installation within subsection |
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| | (4) | An eligible CCS installation qualifies for change of use relief if— |
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| | (a) | the installation is or has been used as part of a CCS |
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| | demonstration project, and |
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| | (b) | the trigger event has occurred in relation to the installation at a |
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| | time when the installation was so used (whether before or after it |
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| | was designated under this section). |
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| | (5) | The trigger event occurs— |
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| | (a) | in relation to an installation used for the injection of captured |
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| | carbon dioxide into a carbon storage facility as part of a CCS |
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| | demonstration project, when captured carbon dioxide is first |
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| | present at the installation, and |
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| | (b) | in relation to an installation used as part of a CCS demonstration |
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| | project for any other purpose, when captured carbon dioxide is |
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| | first present at another installation used as mentioned in |
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| | paragraph (a) as part of the same project. |
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| | (6) | Where an eligible CCS installation qualifies for change of use relief— |
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| | (a) | an abandonment programme notice must not be served on a |
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| | person who is within section 30(1) of the 1998 Act only because |
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| | one or more of subsections (7) to (9) applies in relation to the |
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| | person (but this does not affect the validity of a notice served on |
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| | any such person before the installation qualified for change of |
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| | (b) | a proposal must not be made under section 34(1)(b) of the 1998 |
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| | Act if the effect of the proposal (if implemented) would be to |
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| | impose an abandonment liability on a person who is within |
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| | section 34(2)(a) of the 1998 Act only because one or more of |
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| | subsections (7) to (10) applies in relation to the person. |
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| | (7) | This subsection applies in relation to a person if— |
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| | (a) | the person is within paragraph (b) of section 30(1) of the 1998 |
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| | Act in relation to the installation only by virtue of the fact that |
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| | the person had a right mentioned in section 30(5)(a) of that Act |
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| | when an activity mentioned in section 30(6) of that Act was last |
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| | carried on from, by means of or on the installation, and |
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| | (b) | any such activity was last so carried on before the trigger event |
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| | occurred in relation to the installation. |
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| | (8) | This subsection applies in relation to a person if— |
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| | (a) | the person is within paragraph (ba) of section 30(1) of the 1998 |
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| | Act in relation to the installation, and |
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| | (b) | the transfer mentioned in sub-paragraph (i) of that paragraph |
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| | took place before the trigger event occurred in relation to the |
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| | (9) | This subsection applies in relation to a person if the person is within |
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| | paragraph (e) of section 30(1) of the 1998 Act only by virtue of being |
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| | associated with a body corporate which is within subsection (7) or (8). |
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| | (10) | This subsection applies in relation to a person if the person has been |
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| | within any of paragraphs (a), (b), (c), (d) or (e) of section 30(1) of the |
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| | 1998 Act in relation to the installation, but only at a time— |
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| | (a) | when the installation was an offshore installation (within the |
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| | meaning given by section 44 of the 1998 Act), and |
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| | (b) | before the trigger event occurred in relation to the installation. |
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| | (11) | The power conferred by subsection (1) does not include a power to |
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| | revoke an order made under that subsection. |
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| | “abandonment liability”, in relation to an installation, means a duty to |
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| | secure that an abandonment programme for the installation is carried out; |
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| | “abandonment programme”, in relation to an installation, means a |
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| | programme in respect of the installation approved, or having effect as if |
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| | approved, by the Secretary of State under section 32 of the 1998 Act; |
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| | “abandonment programme notice” means a notice served under section |
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| | “captured carbon dioxide” means carbon dioxide that has been produced by, |
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| | or in connection with, commercial electricity generation and captured |
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| | with a view to its disposal by way of permanent storage; |
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| | “carbon dioxide”, “CCS demonstration project” and “commercial |
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| | electricity generation” have the same meanings as in Part 1 of the Energy |
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| | Act 2010 (see section 7 of that Act); |
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| | “carbon storage facility” has the same meaning as in section 20; |
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| | “Scotland” has the same meaning as in the Scotland Act 1998 (see section |
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| | (13) | Section 30(8) to (9) of the 1998 Act (when one body corporate is |
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| | associated with another) apply for the purposes of this section. |
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| | 30B | Submarine pipelines converted for CCS demonstration projects |
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| | (1) | The Secretary of State may by order designate a submarine pipeline as an |
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| | (2) | An eligible CCS pipeline qualifies for change of use relief if— |
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| | (a) | the pipeline is or has been used as part of a CCS demonstration |
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| | project for a purpose other than the transport of petroleum, and |
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| | (b) | the trigger event has occurred in relation to the pipeline at a time |
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| | when the pipeline was so used (whether before or after it was |
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| | designated under this section). |
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| | (a) | in relation to a pipeline used to transport captured carbon dioxide |
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| | as part of a CCS demonstration project, occurs when captured |
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| | carbon dioxide is first present in the pipeline, and |
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| | (b) | in relation to a pipeline used as part of a CCS demonstration |
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| | project for any other purpose, occurs— |
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| | (i) | when captured carbon dioxide is first present in another |
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| | pipeline used as part of the same project, or |
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| | (ii) | if earlier, when captured carbon dioxide is first present |
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| | at an installation used as part of the same project for the |
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| | injection of captured carbon dioxide into a carbon |
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| | (4) | Where an eligible CCS pipeline qualifies for change of use relief, a |
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| | proposal must not be made under section 34(1)(b) of the 1998 Act if the |
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| | effect of the proposal (if implemented) would be to impose an |
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| | abandonment liability on a person who is within section 34(2)(b) of the |
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| | 1998 Act only because subsection (5) applies in relation to the person. |
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| | (5) | This subsection applies in relation to a person if the person has been |
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| | within any of paragraphs (a) to (c) of section 30(2) of the 1998 Act in |
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| | relation to the pipeline, but only at a time— |
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| | (a) | when the pipeline was used solely for activities other than |
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| | activities connected with any mentioned in section 17(2)(a), (b) |
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| | (b) | before the trigger event occurred in relation to the pipeline. |
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| | (6) | The power conferred by subsection (1) does not include a power to |
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| | revoke an order made under that subsection. |
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| | “abandonment liability”, in relation to a submarine pipeline, is a duty to |
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| | secure that an abandonment programme for the pipeline is carried out; |
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| | “abandonment programme”, in relation to a submarine pipeline, means a |
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| | programme in respect of the pipeline approved, or having effect as if |
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| | approved, by the Secretary of State under section 32 of the 1998 Act; |
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| | “captured carbon dioxide” and “CCS demonstration project” have the same |
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| | meanings as in section 30A; |
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| | “carbon storage facility” has the same meaning as in section 20; |
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| | “petroleum” has the same meaning as in Part 1 of the 1998 Act (see section |
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| | 1 of that Act) and includes petroleum that has undergone any processing; |
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| | “submarine pipeline” has the same meaning as in Part 4 of the Petroleum |
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| | Act 1998 (see section 45 of that Act).” |
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| | (3) | In the cross heading before section 30, for “installations” substitute |
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| | (4) | In section 30 (abandonment of installations)— |
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| | (a) | in subsection (1) (application of Part 4 of Petroleum Act 1998 in relation |
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| | to abandonment of carbon storage installations)— |
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| | (i) | for ““the 1998 Act”” substitute “referred to in this section and |
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| | sections 30A and 30B as “the 1998 Act””, and |
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| | (ii) | at the end insert “and section 30A”, |
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| | (b) | after subsection (4) (power to make regulations modifying Part 4 of the |
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| | 1998 Act in its application to carbon storage installations) insert— |
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| | “(4A) | The power in subsection (4) is subject to section 30A.”, and |
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| | (c) | in subsection (5) (meaning of “carbon storage installation”) after “this |
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| | section” insert “and section 30A”. |
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| | (5) | In section 105(2) (parliamentary control of subordinate legislation), after |
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| | “(aa) | an order which contains provision made under section 30A or |
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| | 30B only (powers to designate installations and submarine |
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| | pipelines as eligible CCS installations and eligible CCS |
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| | Carbon dioxide pipelines: powers of compulsory acquisition |
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| To move the following Clause:— |
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| | ‘(1) | The Pipe-lines Act 1962 is amended as follows. |
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| | (2) | In section 12 (orders for compulsory acquisition of rights over land for pipe-line |
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| | (a) | in subsection (1), for “the next following section” substitute “section 13”; |
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| | (b) | in subsections (2), (4), (5)(a) and (b), (5A) (in both places), (6) and (7), |
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| | after “a compulsory rights order” insert “under this section”; |
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| | (c) | in subsection (3), after “compulsory rights orders” insert “under this |
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| | (3) | After section 12 insert— |
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| | “Pipe-lines for Conveying Carbon Dioxide: Compulsory Acquisition of Rights |
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| | 12A | Orders for compulsory acquisition of rights over land: pipe-lines for |
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| | (1) | This section applies in relation to a pipe-line (or a length of a pipe-line) |
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| | that is intended to be converted into a pipe-line (or length) used for |
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| | conveying carbon dioxide. |
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| | (2) | The owner of the pipe-line may apply to the Secretary of State for an |
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| | order under subsection (3) in relation to land in which the pipe-line (or a |
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| | length of the pipe-line) is situated. |
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| | (3) | An order under this subsection is an order authorising the owner of the |
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| | pipe-line to do one or more of the following— |
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| | (a) | to use the pipe-line (or length of the pipe-line) in the land |
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| | described in the order to convey carbon dioxide; |
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| | (b) | to execute pipe-line works in the land which are necessary in |
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| | consequence of the presence of the pipe-line (or length) in the |
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| | (c) | to execute pipe-line works in the land to enable the pipe-line (or |
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| | length) to be used to convey carbon dioxide or in consequence of |
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| | its use to convey carbon dioxide; |
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| | (d) | to exercise, in relation to the pipe-line (or length), such of the |
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| | rights mentioned in Schedule 4 as may be specified in the order. |
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| | | An order under this subsection is referred to in this Act as a “compulsory |
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| | (4) | A compulsory rights order under this section may be made subject to |
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| | conditions (see section 13). |
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| | (5) | On receiving an application under subsection (2), the Secretary of State |
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| | may grant or refuse the application. |
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| | (6) | Part 1 of Schedule 2, as modified by Part 2 of that Schedule, has effect in |
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| | relation to applications for compulsory rights orders under this section. |
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| | (7) | A compulsory rights order under this section enures for the benefit of the |
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| | owner for the time being of the pipe-line. |
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