Energy Bill (HL Bill 56)

Energy BillPage 40

(4) For sub-paragraph (3) substitute—

(3) The OGA shall publish a copy of the notice in such manner as it
considers appropriate.”

33 In paragraph 10—

(a) 5for “Secretary of State” (in each place) substitute “OGA”, and

(b) for the words from “he shall” to “which he” substitute “it shall
publish, in such manner as it”.

Energy Act 2008

34 The Energy Act 2008 is amended as follows.

35 10In section 4(1) (licences), for “Secretary of State” substitute “OGA”.

36 (1) Section 5 (applications) is amended as follows.

(2) The existing provision becomes subsection (1).

(3) After that subsection insert—

(2) Before making any regulations under this section, the Secretary of
15State must consult the OGA.”

37 In section 6 (terms and conditions), for “Secretary of State” (in each place)
substitute “OGA”.

38 (1) Section 7 (model clauses) is amended as follows.

(2) In subsection (3), for “Secretary of State” substitute “OGA”.

(3) 20After that subsection insert—

(4) Before making any regulations under this section, the Secretary of
State must consult the OGA.”

39 (1) Section 9 (offences relating to licences) is amended as follows.

(2) In subsection (1)(a), for “Secretary of State” substitute “OGA”.

(3) 25In subsection (3)(b), for “Secretary of State” substitute “OGA”.

(4) In subsection (4)(b), for “Secretary of State” substitute “OGA”.

40 In section 10 (power of direction), for “Secretary of State” (in each place,
including in the heading) substitute “OGA”.

41 In section 12 (injunctions restraining breaches of section 2(1)), for “Secretary
30of State” (in each place) substitute “OGA”.

42 (1) Section 13 (inspectors) is amended as follows.

(2) In subsection (1), for “Secretary of State” (in both places) substitute “OGA”.

(3) Omit subsection (2).

(4) In subsection (3)(b), for “Secretary of State” substitute “OGA”.

(5) 35After subsection (5) insert—

(6) Before making any regulations under this section, the Secretary of
State must consult the OGA.”

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43 In section 14(5) (proceedings for offence created by regulations under
section 13), omit paragraph (b) and the word “and” immediately before it.

44 In section 15 (interaction with petroleum licensing requirements), for
“Secretary of State” (in each place) substitute “OGA”.

45 5In section 16 (interpretation), at the end insert—

  • ““the OGA” means the Oil and Gas Authority.”

46 In section 18(2) (licences: the licensing authority), for “Secretary of State” (in
each place) substitute “OGA”.

47 In section 19 (requirements relating to grant of licences), after subsection (2)
10insert—

(2A) Where the licensing authority is the OGA—

(a) regulations under subsection (1) are to be made by the
Secretary of State (and not by the OGA), and

(b) the Secretary of State must consult the OGA before making
15the regulations.”

48 In section 21 (content of licences: regulations), after subsection (2) insert—

(2A) Where the licensing authority is the OGA—

(a) regulations under subsection (1) are to be made by the
Secretary of State (and not by the OGA), and

(b) 20the Secretary of State must consult the OGA before making
the regulations.”

49 In section 26 (injunctions restraining breaches of section 17(1)), for
“Secretary of State” (in each place) substitute “OGA”.

50 (1) Section 27 (inspectors) is amended as follows.

(2) 25For subsections (1) and (2) substitute—

(1) The following may appoint persons to act as inspectors to assist in
carrying out their respective functions under this Chapter—

(a) the OGA,

(b) the Scottish Ministers,

(c) 30the Welsh Ministers, and

(d) the Department of Enterprise, Trade and Investment in
Northern Ireland.

(2) The following may make payments, by way of remuneration or
otherwise, to inspectors appointed by them under this section—

(a) 35the Scottish Ministers,

(b) the Welsh Ministers, and

(c) the Department of Enterprise, Trade and Investment in
Northern Ireland.”

(3) In subsection (3)(b), for “Secretary of State” substitute “OGA”.

(4) 40In subsection (6)—

(a) for “This section applies” substitute “Subsections (3) to (5) apply”,

(b) for “it applies” substitute “they apply”, and

Energy BillPage 42

(c) at the end insert “(reading the reference to the OGA in subsection
(3)(b) as a reference to the Secretary of State)”.

(5) Omit subsection (7).

51 In section 28(5) (proceedings for offence created by regulations under
5section 27), at the beginning of paragraph (b) insert “except in the case of an
offence that relates to functions of the OGA under this Chapter,”.

52 In section 29 (requirement for public register) at the end insert—

(8) The OGA must provide to the Secretary of State any information
held by it that is required by the Secretary of State in order to comply
10with the requirements imposed by this section.”

53 In section 31 (termination of licences: regulations), after subsection (3)
insert—

(3A) Where the licensing authority is the OGA—

(a) regulations under this section are to be made by the Secretary
15of State (and not by the OGA), and

(b) the Secretary of State must consult the OGA before making
the regulations.”

54 In section 33 (enhanced petroleum recovery: power to make orders), after
subsection (1) insert—

(1A) 20Before making an order under subsection (1), the Secretary of State
must consult the OGA.”

55 In section 35(1) (interpretation), after the definition of “offshore UK-
controlled place” insert—

  • ““the OGA” means the Oil and Gas Authority.”

25Energy Act 2011

56 The Energy Act 2011 is amended as follows.

57 In section 82 (acquisition of rights to use upstream petroleum
infrastructure), for “Secretary of State” (in each place) substitute “OGA”.

58 (1) Section 83 (power to give notice under section 82(11) on own initiative) is
30amended as follows.

(2) In subsection (2), for “Secretary of State may on his or her” substitute “OGA
may on its”.

(3) In subsection (3), for “Secretary of State” (in both places) substitute “OGA”.

(4) In subsection (4), for “Secretary of State” substitute “OGA”.

(5) 35In subsection (5)(d), for “Secretary of State” substitute “OGA”.

(6) In the heading, for “Secretary of State” substitute “OGA”.

59 In section 84 (compulsory modification of upstream petroleum
infrastructure), for “Secretary of State” (in each place) substitute “OGA”.

60 In section 85 (variation of notices under sections 82 and 84), for “Secretary of
40State” (in each place) substitute “OGA”.

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61 In section 86 (publication of notices and variations), for “Secretary of State”
(in each place) substitute “OGA”.

62 In section 87 (powers to require information), for “Secretary of State” (in each
place, including in the heading) substitute “OGA”.

63 (1) 5Section 88 (enforcement) is amended as follows.

(2) In subsection (1), for “Secretary of State” (in each place) substitute “OGA”.

(3) In subsection (9), for “Secretary of State” substitute “OGA”.

64 In section 89 (minor, consequential and supplemental provision), for
“Secretary of State” (in both places) substitute “OGA”.

10Part 2 Secondary legislation

Storage of Carbon Dioxide (Licensing etc.) Regulations 2010

65 The Storage of Carbon Dioxide (Licensing etc.) Regulations 2010 (S.I. 2010/
2221) are amended as follows.

66 15In regulation 1(3) (interpretation), in the definition of “the authority”, for
“Secretary of State” substitute “Oil and Gas Authority”.

67 In regulation 3(1)(a) (applications for a licence), for “Department of Energy
and Climate Change” substitute “Oil and Gas Authority”.

68 In paragraph 2(3)(a) of Schedule 1 (application for consent to close storage
20site), for “Department of Energy and Climate Change” substitute “Oil and
Gas Authority”.

Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015

69 In regulation 2(1) (interpretation) of the Offshore Petroleum Licensing
(Offshore Safety Directive) Regulations 2015 (S.I. 2015/385S.I. 2015/385), in the definition
25of “licensing authority”, for “Secretary of State for Energy and Climate
Change” substitute “Oil and Gas Authority”.