Energy Bill (HL Bill 56)

Energy BillPage 10

(4) Requirements imposed by the OGA on relevant parties under this section are
sanctionable in accordance with Chapter

5

.

17 5Disputes: disclosure

The OGA may disclose any information obtained by it under this Chapter only
if—

(a) the person by whom or on whose behalf the information was provided
consents to the disclosure,

(b) 10the disclosure is required by virtue of an obligation imposed on the
OGA by or under any Act, or

(c) the disclosure is made in the exercise of the OGA’s powers under—

(i) section 14(6) (publication of recommendations for resolving
disputes), or

(ii) 15section 48 (publication of details of sanctions).

18 Appeals against decisions of the OGA: disputes

(1) This section applies to any decision of the OGA to which effect is given by one
of the actions set out in an entry in column 1 of the table below.

(2) A person affected by any such decision may appeal against it to the Tribunal—

(a) 20on the grounds that the decision was not within the powers of the OGA,
or

(b) on the grounds set out in the corresponding entry in column 2 of the
table.

(1) Action by the OGA (2) Grounds for appeal
The setting of a timetable under
section 12(5)(a).
25The timetable is unreasonable.
The giving of directions under
section 12(5)(b).
A direction, or a number of
directions taken together, are
unreasonable.
The giving of directions under
section 14(3)(b).
30A direction, or a number of
directions taken together, are
unreasonable.
The imposition of a requirement
to provide information under
section 15(1).

Either—

(a)

35the information requested
is not relevant to the
dispute in question, or

(b)

the period specified under
section 15(2) is
40unreasonable.




Energy BillPage 11

(1) Action by the OGA (2) Grounds for appeal
The imposition of a requirement
under section 16(1) or (2) in
relation to attendance at a
meeting.

Either—

(a)

the requirement to attend
5the meeting is
unreasonable,

(b)

reasonable notice of the
meeting was not given, or

(c)

the requirement as to the
10knowledge and expertise
of the person attending the
meeting is unreasonable.




15

(3) On an appeal under this section the Tribunal may—

(a) affirm, vary or quash the decision under appeal,

(b) remit the decision under appeal to the OGA for reconsideration with
20such directions (if any) as the Tribunal considers appropriate, or

(c) substitute its own decision for the decision under appeal.

CHAPTER 3 Information and samples

Interpretation

19 Petroleum-related information and samples

25In this Chapter—

  • “petroleum-related information” means—

    (a)

    in relation to any relevant person, information acquired or
    created by or on behalf of the person in the course of carrying
    out activities which are relevant to the fulfilment of the
    30principal objective, and

    (b)

    in relation to a relevant person who is an offshore licensee,
    information acquired or created by or on behalf of the person in
    the course of carrying out activities under the licensee’s licence,
    which is not information falling within paragraph (a);

  • 35“petroleum-related samples” means samples of substances acquired by or
    on behalf of an offshore licensee in the course of carrying out activities
    under the licensee’s licence.

Retention

20 Retention of information and samples

(1) 40Regulations made by the Secretary of State may require—

(a) specified relevant persons to retain specified petroleum-related
information;

(b) specified offshore licensees to retain specified petroleum-related
samples.

Energy BillPage 12

(2) Regulations under this section may include provision about—

(a) the form or manner in which information or samples are to be retained;

(b) the period for which information or samples are to be retained;

(c) the event that triggers the commencement of that period.

(3) 5In this section, “specified” means specified, or of a description specified, in
regulations under this section.

(4) Requirements imposed by regulations under this section are sanctionable in
accordance with Chapter

5

10.

(5) Before making regulations under this section the Secretary of State must
consult the OGA.

21 Retention: supplementary

(1) Subsection (2) applies in relation to regulations under section 20 imposing
15requirements on an offshore licensee to retain information or samples.

(2) The regulations may provide for those requirements to continue following a
termination of rights under the licensee’s licence (whether by transfer,
surrender, expiry or revocation and whether in relation to all or only part of the
licence).

(3) 20Regulations under section 20 may not impose requirements which have effect
in relation to particular petroleum-related information or particular
petroleum-related samples at any time when an information and samples plan
dealing with the information or samples has effect (see sections 22 to 25).

Information and samples plans

22 25Information and samples plans: termination of rights under offshore licences

(1) This section and sections 23 to 25 make provision in relation to the preparation
of information and samples plans in connection with licence events.

(2) The following definitions apply for the purposes of this section and those
sections.

(3) 30“Licence event” means—

(a) a transfer of rights under an offshore licence, whether in relation to all
or part of the area in respect of which the licence was granted,

(b) a surrender of rights under an offshore licence in relation to all of the
area in respect of which the licence was granted, or in relation to so
35much of that area in respect of which the licence continues to have
effect,

(c) the expiry of an offshore licence, or

(d) the revocation of an offshore licence by the OGA.

(4) “Relevant licence”, in relation to a licence event, means the licence in respect of
40which the licence event occurs.

(5) “Responsible person” in relation to a licence event, means the person who is or
was, or the persons who are or were, the licensee in respect of the relevant
licence immediately before the licence event.

Energy BillPage 13

(6) “Information and samples plan”, in relation to a licence event, means a plan
dealing with what is to happen, following the event, to—

(a) petroleum-related information held by the responsible person before
the event, and

(b) 5petroleum-related samples held by that person before the event.

23 Preparation and agreement of information and samples plans

(1) The responsible person must prepare an information and samples plan in
connection with a licence event.

(2) The responsible person must agree the information and samples plan with the
10OGA—

(a) in the case of a licence event mentioned in section 22(3)(a), (b) or (c)
(transfer, surrender or expiry), before the licence event takes place, or

(b) in the case of a licence event mentioned in section 22(3)(d) (revocation),
within a reasonable period after the revocation of the relevant licence.

(3) 15An information and samples plan has effect once it is agreed with the OGA.

(4) If an information and samples plan is not agreed with the OGA as mentioned
in subsection (2)(a) or (b), the OGA—

(a) may itself prepare an information and samples plan in connection with
the licence event, and

(b) 20may require the responsible person to provide it with such information
as the OGA may require to enable it to do so.

(5) The OGA must inform the responsible person of the terms of any information
and samples plan it prepares in connection with a licence event.

(6) Where the OGA—

(a) 25prepares an information and samples plan in connection with a licence
event, and

(b) informs the responsible person of the terms of the plan,

the plan has effect as if it had been prepared by the responsible person and
agreed with the OGA.

(7) 30Where an information and samples plan has effect in connection with a licence
event, the responsible person must comply with the plan.

(8) The requirements imposed by subsections (2) and (7), or under subsection
(4)(b), are sanctionable in accordance with Chapter

5

35.

24 Changes to information and samples plans

(1) Where an information and samples plan has effect in relation to a licence event,
the OGA and the responsible person may agree changes to the plan.

(2) Once changes are agreed, the plan has effect subject to those changes.

(3) 40Where—

(a) two or more persons are the responsible person in relation to a licence
event, and

(b) those persons include a company that has, since the licence event, been
dissolved,

Energy BillPage 14

the reference to the responsible person in subsection (1) does not include that
company.

25 Information and samples plans: supplementary

(1) An information and samples plan, in relation to a licence event, may provide
5as appropriate for—

(a) the retention, by the responsible person, of any petroleum-related
information or petroleum-related samples held by or on behalf of that
person before the licence event,

(b) the transfer of any such information or samples to a new licensee, or

(c) 10appropriate storage of such information or samples.

(2) An information and samples plan may provide for the storage of information
or samples as mentioned in subsection (1)(c) to be the responsibility of the
OGA.

(3) Subsection (4) applies where a transfer of rights under an offshore licence
15relates to only part of the area in relation to which the licence was granted.

(4) In those circumstances, the information and samples plan prepared in
connection with the transfer is to relate to all petroleum-related information
and petroleum-related samples held by the responsible person before the
licence event, and not only petroleum-related information and petroleum-
20related samples in respect of that part of the area.

Power to require information and samples

26 Power of the OGA to require information and samples

(1) The OGA may by notice in writing, for the purpose of carrying out any
functions of the OGA which are relevant to the fulfilment of the principal
25objective, require—

(a) a relevant person to provide it with any petroleum-related information,
or a portion of any petroleum-related sample, held by or on behalf of
the person;

(b) a person who holds information or samples in accordance with an
30information and samples plan (see sections 22 to 25) to provide it with
any such information or a portion of any such sample,

subject to subsection (3).

(2) The notice must specify—

(a) the form or manner in which the information or the portion of a sample
35must be provided;

(b) the time at which, or period within which, the information or the
portion of a sample must be provided.

(3) Information requested under subsection (1) may not include items subject to
legal privilege.

(4) 40Requirements imposed by a notice under this section are sanctionable in
accordance with Chapter

5

.

(5) Where a person provides information or a portion of a sample to the OGA in
45accordance with a notice under this section, any requirements imposed on the

Energy BillPage 15

person in respect of that information or sample by regulations under section 20
are unaffected.

Disclosure

27 Disclosure of information and provision of samples

(1) 5Where information and samples are acquired by the OGA under this
Chapter—

(a) the information may be disclosed, and

(b) the samples may be made available to other persons,

only in accordance with this section.

(2) 10In this section and section 28—

(a) references to “protected material” are references to information and
samples acquired by the OGA under this Chapter, and

(b) references to disclosing protected material include references to
making the protected material available to other persons (in a case
15where the protected material includes samples).

(3) The OGA may—

(a) use protected material for the purpose of preparing such returns and
reports as may be required under obligations imposed by or under any
Act;

(b) 20provide protected material to the Natural Environment Research
Council, or any other similar body carrying on geological activities, for
the purpose of preparing reports and surveys of a general nature.

(4) The OGA and any body to whom protected material is provided under
subsection (3)(b) may prepare and publish reports and surveys of a general
25nature using information derived from the protected material.

(5) Protected material may be disclosed by the OGA if—

(a) the person by whom or on whose behalf the protected material was
provided consents to the disclosure,

(b) the disclosure is required by virtue of an obligation imposed on the
30OGA by or under any Act,

(c) the disclosure is made in accordance with subsection (8), or

(d) the disclosure is made in the exercise of OGA’s power under section 48
(publication of details of sanctions).

(6) Where protected material is provided to a person under subsection (3)(b), that
35person may—

(a) use the protected material only for the purpose for which it is provided,
and

(b) disclose the protected material only—

(i) so far as necessary for that purpose, or

(ii) 40in accordance with subsection (7) or (8).

(7) A person to whom protected material is provided under subsection (3)(b) may
disclose the protected material if—

(a) the disclosure is required by virtue of an obligation imposed by or
under any Act, or

Energy BillPage 16

(b) the OGA consents to the disclosure and, in a case where the protected
material in question was provided to the OGA by or on behalf of
another person, confirms that that person also consents to the
disclosure.

(8) 5Protected material may, at such time as may be specified in regulations made
by the Secretary of State, be—

(a) published, or

(b) made available to the public (in a case where the protected material
includes samples).

28 10Timing of disclosure etc: supplementary

(1) Regulations under section 27(8) may include provision permitting protected
material to be published, or made available to the public, immediately after it
is provided to a person.

(2) Before making regulations under section 27(8), the Secretary of State must
15consult such persons as the Secretary of State considers appropriate.

(3) Subsection (2) does not apply if the Secretary of State is satisfied that
consultation is unnecessary having regard to consultation carried out by the
OGA in relation to what time should be specified in regulations under section
27(8).

20Coordinators

29 Information and samples coordinators

(1) A relevant person must—

(a) appoint an individual to act as an information and samples
coordinator, and

(b) 25notify the OGA of that individual’s name and contact details.

(2) The information and samples coordinator is to be responsible for monitoring
the relevant person’s compliance with its obligations under this Chapter.

(3) A relevant person must comply with subsection (1) within a reasonable period
after—

(a) 30the date on which this section comes into force, if the person is a
relevant person on that date, or

(b) becoming a relevant person, in any other case.

(4) The relevant person must notify the OGA of any change in the identity or
contact details of the information and samples coordinator within a reasonable
35period of the change taking place.

(5) The requirements imposed by this section are sanctionable in accordance with
Chapter

5

.

Energy BillPage 17

Appeals

30 Appeals against decisions of the OGA: information and samples plans

(1) This section applies to any decision of the OGA to which effect is given by one
of the actions set out in an entry in column 1 of the table below.

(2) 5A person affected by any such decision may appeal against it to the Tribunal—

(a) on the grounds that the decision was not within the powers of the OGA,
or

(b) on the grounds set out in the corresponding entry in column 2 of the
table.

(1) Action by the OGA 10(2) Grounds for appeal
The preparation of an information
and samples plan.
The plan is unreasonable.
The giving of a notice requiring
the provision of information or
samples under section 26(1).
The length of time given to
comply with the notice is
15unreasonable.

(3) On an appeal under this section the Tribunal may—

(a) affirm, vary or quash the decision under appeal,

(b) remit the decision under appeal to the OGA for reconsideration with
such directions (if any) as the Tribunal considers appropriate, or

(c) 20substitute its own decision for the decision under appeal.

CHAPTER 4 Meetings

31 Meetings: interpretation

(1) A meeting is a relevant meeting for the purposes of this Chapter if—

(a) two or more relevant persons are represented at the meeting, and

(b) 25the meeting involves discussion of relevant issues.

(2) A relevant person is represented at a meeting if an employee of, or a person
acting on behalf of, the relevant person participates in the meeting.

(3) In this Chapter “meeting” includes a meeting which is conducted in such a way
that those who are not present together at the same place may by electronic
30means participate in it.

(4) In this Chapter “relevant issues” means issues which—

(a) are relevant to the fulfilment of the principal objective, or

(b) relate to activities carried out under an offshore licence,

but does not include anything in respect of which a claim to legal professional
35privilege (or, in Scotland, to confidentiality of communications) could be
maintained in any legal proceedings.

(5) A notice given by the OGA may provide that—

Energy BillPage 18

(a) a meeting specified, or of a description specified, in the notice is not a
relevant meeting for the purposes of this Chapter;

(b) an issue specified, or of a description specified, in the notice is not a
relevant issue for those purposes.

32 5Duty to inform the OGA of meetings

(1) This section applies where a relevant person, or an employee of or person
acting on behalf of the relevant person, knows or should know that a meeting
arranged by, or on behalf of, the relevant person will be or is likely to be a
relevant meeting.

(2) 10The relevant person must, in writing—

(a) inform the OGA of the fact that the meeting is to take place, and

(b) provide such details of the meeting as are necessary for a person
authorised by the OGA to be able to participate in it.

(3) The relevant person must comply with subsection (2)—

(a) 15at least 14 days before the day on which the meeting is to take place, or

(b) if that is not reasonably practicable, so as to give as much notice of the
meeting as is reasonably practicable.

(4) In a case within subsection (3)(b) the relevant person must, when complying
with subsection (2), explain in writing to the OGA why it was not reasonably
20practicable to comply with subsection (2) at least 14 days before the day on
which the meeting is to take place.

(5) The relevant person must inform the OGA in writing as soon as is reasonably
practicable of any changes to the information provided under subsection (2)(b).

(6) The relevant person must also provide the OGA with any information that is
25provided (whether by the relevant person or any other person) to other
persons attending the meeting, including (in particular)—

(a) the agenda, and

(b) any other documents relevant to the meeting.

(7) That information must be provided to the OGA—

(a) 30at the same time as it is provided to other persons attending the
meeting, or

(b) if it not possible for the relevant person to provide it to the OGA at that
time, as soon after that time as is reasonably practicable.

(8) Subsection (6) does not require the relevant person to provide the OGA with
35information that does not relate to relevant issues.

(9) The information required under subsections (2), (5) and (6), and any
explanation provided under subsection (4), must be provided to the OGA in
such manner as may be required by a notice given by the OGA.

(10) The requirements imposed by this section are sanctionable in accordance with
40Chapter

5

.

33 Participation by the OGA in meetings

(1) A person authorised by the OGA under this section is entitled to participate in
45any relevant meeting.

Energy BillPage 19

(2) But such a person is not entitled—

(a) to participate in any part of the meeting that does not relate to relevant
issues, or

(b) if any matter is decided on by a vote, to take part in the voting.

(3) 5The relevant person who arranged the meeting, or on whose behalf the
meeting was arranged, must secure that the right conferred by subsection (1)
may be exercised.

(4) The requirement imposed by subsection (3) is sanctionable in accordance with
Chapter

105

.

34 Provision of information to the OGA after meetings

(1) This section applies where the right conferred by section 33(1) (right of person
authorised by the OGA to participate) is not exercised in relation to a relevant
15meeting.

(2) The relevant person by, or on behalf of whom, the meeting was arranged must
provide the OGA with a written summary of—

(a) the meeting, and

(b) any decisions reached at the meeting.

(3) 20The written summary must be provided to the OGA within a reasonable
period after the end of the meeting.

(4) Subsection (2) does not require the relevant person to provide the OGA with
any information that does not relate to relevant issues.

(5) The requirement imposed by this section is sanctionable in accordance with
25Chapter

5

.

35 Meetings: disclosure

The OGA may disclose any information obtained by it under this Chapter only
30if—

(a) the person by whom the information was provided consents to the
disclosure,

(b) the disclosure is required by virtue of an obligation imposed on the
OGA by or under any Act, or

(c) 35the disclosure is made in the exercise of the OGA’s power under section
48 (publication of details of sanctions).

36 Notices

(1) This section applies to a notice given by the OGA under this Chapter.

(2) The notice—

(a) 40may make different provision for different cases, and

(b) may be varied or revoked by a further notice given by the OGA.

(3) The notice, and any variation or revocation, must be published in such manner
as the OGA considers appropriate for bringing it to the attention of the persons
who, in its opinion, are likely to be affected by it.