Energy Bill (HL Bill 62)

Part 1 The OGA

The OGA and its core functions

1 The OGA

(1) 5The company originally incorporated under the Companies Act 2006 as the Oil
and Gas Authority Limited is renamed as the Oil and Gas Authority.

(2) In relation to any of its functions—

(a) the Oil and Gas Authority is not to be regarded as acting on behalf of
the Crown, and

(b) 10its members, officers and staff are not to be regarded as Crown
servants.

(3) The Oil and Gas Authority is exempt from the requirements of the Companies
Act 2006 relating to the use of “limited” as part of its name.

(4) In this Act “the OGA” means the Oil and Gas Authority.

2 Transfer of functions to the OGA

(1) The Schedule transfers certain functions of the Secretary of State to the OGA.

(2) The Secretary of State may by regulations provide—

(a) for the transfer to the OGA of any relevant functions exercisable by a
5Minister of the Crown, or

(b) for any such functions that are to be transferred to the Scottish
Ministers or the Welsh Ministers to be exercisable by the OGA until the
transfer to those Ministers takes effect.

(3) The Secretary of State may by regulations make such provision as the Secretary
10of State considers appropriate in consequence of, or in connection with, any
provision contained in—

(a) the Schedule, or

(b) regulations under subsection (2).

(4) The provision that may be made under subsection (3) includes provision—

(a) 15amending, repealing or revoking any enactment,

(b) amending any relevant authorisation (including any model clause
incorporated, or having effect as if incorporated, in it) granted or given
before the date when the regulations take effect, and

(c) for the carrying on and completion by or under the authority of the
20OGA of anything commenced by or under the authority of a Minister
of the Crown before the date when the regulations take effect.

(5) Regulations under this section may not provide for the transfer to, or exercise
by, the OGA of any power to legislate by means of orders, rules, regulations or
other subordinate instrument.

(6) 25In this section—

• “enactment” includes an enactment comprised in subordinate legislation,
  within the meaning of the Interpretation Act 1978;

• “Minister of the Crown” has the same meaning as in the Ministers of the
  Crown Act 1975, and includes such Ministers acting jointly;

• 30“relevant authorisation” means—

  (a)

  a licence, authorisation or notice granted or given by a Minister
  of the Crown in the exercise of a relevant function, or

  (b)

  a licence granted under section 2 of the Petroleum (Production)
  Act 1934 (searching for and getting petroleum);

• 35“relevant function” means a function conferred by or under—

  (a)

  the Petroleum Act 1998 (except Part 4),

  (b)

  Chapter 2 or 3 of Part 1 of the Energy Act 2008,

  (c)

  Chapter 3 of Part 2 of the Energy Act 2011,

  (d)

  the Hydrocarbons Licensing Directive Regulations 1995 (S.I.
  401995/1434),

  (e)

  any regulations amended or modified by the Energy Act 2008
  (Consequential Modifications) (Offshore Environmental
  Protection) Order 2010 (S.I. 2010/1513S.I. 2010/1513),

  (f)

  the Storage of Carbon Dioxide (Licensing etc) Regulations 2010
  45(S.I. 2010/2221S.I. 2010/2221),

  (g)

  the Storage of Carbon Dioxide (Termination of Licences)
  Regulations 2011 (S.I. 2011/1483S.I. 2011/1483),

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  (h)

  the Storage of Carbon Dioxide (Access to Infrastructure)
  Regulations 2011 (S.I. 2011/2305S.I. 2011/2305), or

  (i)

  any other enactment that relates to matters similar to those to
  which an enactment mentioned in any of the preceding
  5paragraphs relates.

3 Contracting out of functions to the OGA

(1) This section applies if, under section 69 of the Deregulation and Contracting
Out Act 1994, the OGA is, or employees of the OGA are, authorised to exercise
a function to which that section applies.

(2) 10Subsection (5)(a) of that section applies in relation to the authorisation as if the
words “, not exceeding 10 years,” were omitted.

Exercise of functions

4 Matters to which the OGA must have regard

(1) The matters to which the OGA must have regard when exercising its functions
15include the following, so far as relevant—

Minimising future public expenditure

The need to minimise public expenditure relating to, or arising from, relevant
activities.

Security of supply

20The need for the United Kingdom to have a secure supply of energy.

Collaboration

The need for the OGA to work collaboratively with the government of the
United Kingdom and with persons who carry on, or wish to carry on, relevant
activities.

25Innovation

The need to encourage innovation in technology and working practices in
relation to relevant activities.

System of regulation

The need to maintain a stable and predictable system of regulation which
30encourages investment in relevant activities.

(2) In this section and section 5—

• “function” does not include any function which the OGA is authorised to
  exercise by virtue of an order under section 69 of the Deregulation and
  Contracting Out Act 1994;

• 35“relevant activity” means any activity in relation to which the OGA has
  functions.

5 Directions: national security and public interest

(1) The Secretary of State may give directions to the OGA as to the exercise by it of
any of its functions if the Secretary of State considers that the directions—

(a) 40are necessary in the interests of national security, or

(b) are otherwise in the public interest.

(2) Directions may be given under subsection (1)(b) in relation to the exercise of a
regulatory function in a particular case only if the Secretary of State considers
that the circumstances are exceptional.

(3) Directions given under this section may be varied or revoked by further
5directions given under this section.

(4) The Secretary of State must lay before Parliament a copy of any directions
given under this section.

(5) The Secretary of State may exclude from any directions laid before Parliament
under subsection (4) any material the publication of which the Secretary of
10State considers would—

(a) be contrary to the interests of national security, or

(b) otherwise not be in the public interest.

(6) If the Secretary of State considers that publication of the directions (whether
with or without the exclusion of material under subsection (5)) would fall
15within paragraph (a) or (b) of that subsection, the Secretary of State may,
instead of laying the directions, lay before Parliament a memorandum
stating—

(a) that the directions have been given, and

(b) the date on which they were given.

(7) 20The OGA must notify the Secretary of State of any cases, matters or
circumstances which have arisen, or which the OGA considers are likely to
arise, in respect of which the OGA considers that the power to give directions
under this section should be exercised by the Secretary of State.

(8) In this section “regulatory function” means—

(a) 25a function of granting or revoking a licence or other authorisation in
relation to any relevant activity;

(b) a function of imposing conditions or requirements in relation to any
relevant activity;

(c) a function that relates to securing, monitoring or investigating
30compliance with conditions or requirements in relation to any relevant
activity.

6 Directions: requirements to notify Secretary of State

(1) The Secretary of State may give directions to the OGA specifying cases, matters
or circumstances of which the OGA must notify the Secretary of State—

(a) 35when they arise, or

(b) if the OGA considers that they are likely to arise.

(2) Directions given under this section may be varied or revoked by further
directions given under this section.

Information and samples

7 40Power of Secretary of State to require information and samples

(1) The Secretary of State may require the OGA to provide the Secretary of State
with such information or samples held by or on behalf of the OGA as the
Secretary of State may require for the purpose of—

(a) carrying out any function conferred by or under any Act,

(b) monitoring the OGA’s performance of its functions, or

(c) any Parliamentary proceedings.

(2) In this section—

(a) 5references to “protected material” are references to information or
samples acquired by the Secretary of State under subsection (1), and

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

(3) 10The Secretary of State may—

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

(b) disclose protected material only—

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

(ii) 15in accordance with subsection (4).

(4) The Secretary of State may disclose protected material if—

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

(b) the OGA consents to the disclosure and, in a case where the protected
20material in question was provided to the OGA by or on behalf of
another person, confirms that that person also consents to the
disclosure.

Funding

8 Powers of the OGA to charge fees

(1) 25The OGA may charge fees—

(a) for making a determination under Schedule 1 to the Oil Taxation Act
1975;

(b) on an application made to it under section 3, 15, 16 or 17 of the
Petroleum Act 1998;

(c) 30on an application of a prescribed description made to it by the holder
of a licence granted under—

(i) section 3 of that Act (searching for, boring and getting
petroleum), or

(ii) section 2 of the Petroleum (Production) Act 1934 (licences to
35search for and get petroleum);

(d) on an application of a prescribed description made to it by the holder
of an authorisation issued under section 15 of the Petroleum Act 1998;

(e) for carrying out or attending any test, examination or inspection of a
prescribed description;

(f) 40on an application made to it under section 4 or 18 of the Energy Act
2008;

(g) on an application of a prescribed description made to it by the holder
of a licence granted under section 4 or 18 of that Act;

(h) for the storage by it of samples or information in accordance with an
45information and samples plan (see section 29(2) of this Act).

(2) The fees—

(a) are to be determined by or in accordance with regulations made by the
Secretary of State, and

(b) are to be payable by such persons as the regulations may provide.

(3) 5The OGA must pay into the Consolidated Fund any amount which it receives
in respect of fees charged by it under this section.

(4) Subsection (3) does not apply where the Secretary of State, with the consent of
the Treasury, otherwise directs.

(5) Where in relation to any matter the OGA has a function mentioned in
10subsection (6), that function is treated for the purposes of this section as carried
out pursuant to an application made to the OGA (whether or not there is any
requirement to make such an application).

(6) The functions are—

(a) extending the term of a licence;

(b) 15giving its consent or approval in relation to any matter;

(c) objecting in relation to any matter.

(7) The Secretary of State must consult the OGA before making regulations under
this section.

(8) In this section “prescribed” means prescribed by regulations made by the
20Secretary of State.

9 Levy on licence holders

(1) The Secretary of State may, by regulations, provide for a levy to be imposed on,
and be payable by, one or more of the following kinds of persons—

(a) persons who hold licences (other than excluded licences) granted
25under section 3 of the Petroleum Act 1998 (searching for, boring and
getting petroleum);

(b) persons who hold licences (other than excluded licences) granted
under section 2 of the Petroleum (Production) Act 1934 (licences to
search for and get petroleum);

(c) 30persons who hold licences granted under section 4 of the Energy Act
2008 (unloading and storing gas);

(d) persons who hold licences granted under section 18 of the Energy Act
2008 by the Secretary of State or the OGA (storage of carbon dioxide).

(2) The Secretary of State must exercise the power conferred by subsection (1) so
35as to secure—

(a) that the total amount of licensing levy which is payable in respect of a
charging period does not exceed the costs incurred by the OGA in
exercising its functions in respect of that period, and

(b) that no levy is payable in respect of costs incurred in the exercise of
40functions—

(i) for which fees are charged under section 8, or

(ii) which the OGA is authorised to exercise by virtue of an order
under section 69 of the Deregulation and Contracting Out Act
1994.

(3) In determining for the purposes of subsection (2)(a) the total amount of
licensing levy payable in respect of a charging period, an amount of levy
payable in respect of that period may be ignored if (during that period or
subsequently)—

(a) 5having been paid, it is repaid or credit for it is given against other
licensing levy that is payable, or

(b) having not been paid, the requirement to pay it is cancelled.

(4) The amount or amounts of licensing levy payable by licence holders must be—

(a) set out in the regulations, or

(b) 10calculated in accordance with a method set out in the regulations.

(5) The licensing levy is payable to the OGA.

(6) The OGA must pay into the Consolidated Fund any amount which it receives
in respect of the licensing levy.

(7) Subsection (6) does not apply where the Secretary of State, with the consent of
15the Treasury, otherwise directs.

(8) The Secretary of State must consult the OGA before making regulations under
this section.

(9) Section 10 does not limit the provision that may be made by regulations under
this section.

(10) 20In this section and section 10—

• “charging period” means a period in respect of which licensing levy is
  payable;

• “excluded licence”, in relation to a charging period, means a licence that,
  if granted at the beginning of the period, would fall to be granted by the
  25Scottish Ministers or the Welsh Ministers (and for these purposes a
  licence within subsection (1)(b) is to be treated as granted under section
  3 of the Petroleum Act 1998);

• “licensing levy” means the levy provided for in regulations under this
  section.

10 30The licensing levy: regulations

(1) Regulations may provide for the licensing levy payable in respect of a charging
period to increase or decrease over that period.

(2) Regulations may provide for an amount of licensing levy payable by a licence
holder to be calculated by reference to the size of an area to which a licence held
35by that person relates.

(3) Regulations may provide for different categories of licence holders to pay—

(a) different amounts of licensing levy, or

(b) amounts of licensing levy calculated, set or determined in different
ways.

(4) 40Regulations may provide for a category of licence holder to be exempt from
payment of the licensing levy.

(5) Regulations may provide for interest (at a rate specified in, or determined
under, the regulations) to be charged in respect of unpaid amounts of licensing
levy.

(6) Regulations may provide for unpaid amounts of licensing levy (together with
any interest charged) to be recoverable as a civil debt.

(7) Regulations may confer a function (including a function involving the exercise
of a discretion) on—

(a) 5the Secretary of State,

(b) the OGA, or

(c) any other person, apart from the Scottish Ministers or the Welsh
Ministers.

(8) Regulations (including regulations of the kinds mentioned in subsections (3)
10and (4)) may provide for a category of licence holder to consist of persons who
hold a kind of licence that is specified in the regulations.

(9) The regulations may (in particular) specify any of the following kinds of
licence—

(a) licences granted under a particular enactment;

(b) 15licences of a particular description granted under a particular
enactment;

(c) licences, or licences of a particular description (including a description
falling within paragraph (a) or (b)), granted—

(i) before a particular time,

(ii) 20after a particular time, or

(iii) during a particular period.

(10) In this section—

• “licence” means a licence falling within section 9(1);

• “licence holder” means a person who holds a licence (whether the person
  25was granted it or has, after its grant, acquired it by assignment or other
  means);

• “regulations” means regulations under section 9.

11 Payments and financial assistance

(1) The Secretary of State may make payments or provide financial assistance to
30the OGA.

(2) The payments or financial assistance may be made or provided subject to such
conditions as may be determined by the Secretary of State.

(3) In the case of a grant such conditions may, in particular, include conditions
requiring repayment in specified circumstances.

(4) 35In this section “financial assistance” means grants, loans, guarantees or
indemnities, or any other kind of financial assistance.

Part 2 Further functions of the OGA relating to offshore petroleum

CHAPTER 1 Introduction

12 Overview of Part 2

(1) 5This Part contains provision about functions of the OGA relating to offshore
petroleum.

(2) Chapter 2 makes provision for the OGA to consider disputes and make
recommendations for resolving them.

(3) Chapter 3 makes provision about—

(a) 10the retention of information and samples by relevant persons,

(b) the preparation of plans for dealing with information and samples held
by an offshore licensee when rights under a licence are terminated,

(c) powers of the OGA to require information and samples, and

(d) the disclosure of information, and provision of samples, which have
15been acquired by the OGA.

(4) Chapter 4 makes provision—

(a) for the OGA to be informed of meetings,

(b) for persons authorised by the OGA to be entitled to participate in
meetings, and

(c) 20for the OGA to be provided with information relating to meetings in
which such persons do not participate.

(5) Chapter 5 makes provision about sanctions which may be imposed on persons
for failures to comply with requirements.

13 Interpretation of Part 2

(1) 25In this Part—

• “items subject to legal privilege”—

  (a)

  in England and Wales, has the same meaning as in the Police
  and Criminal Evidence Act 1984 (see section 10 of that Act);

  (b)

  in Scotland, has the meaning given by section 412 of the
  30Proceeds of Crime Act 2002;

  (c)

  in Northern Ireland, has the same meaning as in the Police and
  Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/
  1341 (NI 12));

• “licensee” means a person holding a petroleum licence;

• 35“offshore licence” means a petroleum licence which confers on the holder
  of that licence rights in respect of offshore waters;

• “offshore licensee” means a person holding an offshore licence;

• “offshore waters” means—

  (a)

  the waters comprising the territorial sea of the United Kingdom,
  40and

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  (b)

  the sea in any area for the time being designated under section
  1(7) of the Continental Shelf Act 1964;

• “petroleum licence” means a licence granted under—

  (a)

  section 3 of the Petroleum Act 1998 (searching for, boring for
  5and getting petroleum), or

  (b)

  section 2 of the Petroleum (Production) Act 1934 (licences to
  search for and get petroleum);

• “the principal objective” means the objective set out in section 9A(1) of the
  Petroleum Act 1998;

• 10“relevant person” means a person listed in section 9A(1)(b) of the
  Petroleum Act 1998;

• “statutory function” means a function conferred or imposed by or under
  any Act;

• “Tribunal” means the First-tier tribunal.

(2) 15In this Part a reference to a term or condition of a petroleum licence includes a
reference to a condition imposed under a petroleum licence.

CHAPTER 2 Disputes

14 Qualifying disputes and relevant parties

(1) For the purposes of this Chapter, a dispute is a qualifying dispute if—

(a) 20the dispute relates to qualifying issues, and

(b) the parties to the dispute include at least one relevant party.

(2) In this Chapter, “qualifying 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,

25and are not the subject of a section 82 application.

(3) If a dispute relates in part to qualifying issues and in part to other issues, the
dispute is a qualifying dispute only to the extent that it relates to the qualifying
issues.

(4) For the purposes of subsection (2), an issue is the subject of a section 82
30application if—

(a) an application has been made under section 82(4) of the Energy Act
2011 (acquisition of rights to use upstream petroleum infrastructure) in
connection with the issue, and

(b) the OGA has made a decision under section 82(6)(a)(iii) of that Act to
35consider the application further.

(5) In this Chapter “relevant party” to a dispute means a party to the dispute who
is a relevant person.

15 Reference of disputes to the OGA

(1) A relevant party to a qualifying dispute may refer it to the OGA.

(2) 40A reference under this section is to be made in such manner as the OGA may
require.

(3) Requirements under subsection (2) as to the manner in which a reference is to
be made—

(a) may make different provision for different cases;

(b) are to be imposed, withdrawn or modified by notice published in such
5manner as the OGA considers appropriate for bringing the
requirement, withdrawal or modification to the attention of the persons
who, in the OGA’s opinion, are likely to be affected by it.

16 Action by the OGA on a dispute reference

(1) On a reference of a dispute made under section 15, the OGA must decide
10whether the reference is to be—

(a) rejected,

(b) adjourned to enable further negotiation between the parties to the
dispute, or

(c) accepted (see section 18).

(2) 15The OGA must issue guidance about the matters to which it will have regard
when making a decision under subsection (1).

(3) As soon as reasonably practicable after the OGA has made a decision under
subsection (1), it must give notice in writing stating—

(a) its decision,

(b) 20the reasons for the decision, and

(c) the date of the decision,

to each relevant party to the dispute, and to any other parties to the dispute
who have contributed (whether by providing information or attending
meetings) to the OGA’s decision-making process.

(4) 25The grounds on which the OGA may reject a reference include, but are not
limited to, grounds that—

(a) the dispute is not a qualifying dispute;

(b) the party that referred the dispute is not a relevant party;

(c) the reference is frivolous or vexatious;

(d) 30there are more appropriate means available for resolving the dispute;

(e) the dispute is not sufficiently material to the fulfilment of the principal
objective to warrant, in the circumstances, its consideration by the
OGA;

(f) the OGA considers it unlikely that, in the circumstances, it would be
35able to make a satisfactory recommendation in respect of the dispute.

(5) Where the OGA adjourns a reference of a dispute—

(a) it must set a timetable in accordance with which relevant parties to the
dispute are to conduct further negotiations and revert to the OGA,

(b) it may give directions with which relevant parties to the dispute are to
40comply during the adjournment, and

(c) it must, when the relevant parties revert to it following the
adjournment, make a further decision under subsection (1) in respect of
the reference.

(6) Requirements imposed by the OGA on relevant parties under subsection (5)(a),
45and directions given by the OGA under subsection (5)(b), are sanctionable in
accordance with Chapter 5.

17 Power of the OGA to consider disputes on its own initiative

(1) The OGA may decide, on its own initiative, to consider a qualifying dispute
(see section 18).

(2) If the OGA decides to consider a qualifying dispute under this section, it must
5notify all parties to the dispute.

18 Procedure for consideration of disputes

(1) This section applies where the OGA—

(a) accepts a reference of a dispute under section 16(1), or

(b) decides to consider a dispute under section 17(1).

(2) 10The OGA must—

(a) consider the dispute, and

(b) make a recommendation for resolving it.

(3) The OGA—

(a) must draw up a timetable for performing its duties under subsection
15(2), and

(b) may give directions with which the relevant parties to the dispute are
to comply in order to enable the OGA to carry out those duties.

(4) The OGA’s recommendation must be one which it considers will enable the
dispute to be resolved in a way which best contributes to the fulfilment of the
20principal objective whilst having regard to the need to achieve an economically
viable position for the parties to the dispute.

(5) The procedure for considering the dispute and making a recommendation is
the procedure that the OGA considers most appropriate.

(6) Where the OGA makes a recommendation under this section, the OGA may
25publish—

(a) the recommendation or any part of it;

(b) a summary of the recommendation or of any part of it.

(7) Before publishing anything under subsection (6), the OGA must give an
opportunity to be heard to each relevant party to the dispute.

(8) 30The OGA must issue guidance about the matters to which it will have regard
when performing its duties under this section.

(9) Directions given by the OGA to relevant parties under subsection (3)(b) are
sanctionable in accordance with Chapter 5.

19 Power of the OGA to acquire information

(1) 35The OGA may require a relevant party to a dispute to provide it with such
information as may be required by the OGA for the purposes of—

(a) deciding whether to reject, adjourn or accept a reference of the dispute
under section 16(1),

(b) setting a timetable in respect of an adjournment of a reference of the
40dispute under section 16(5),

(c) assessing progress of further negotiations during such an adjournment,

(d) making a decision under section 17(1) to consider the dispute on its
own initiative, or

(e) considering the dispute and making a recommendation under section
18(2),

5subject to subsection (3).

(2) A person required to provide information under subsection (1) must provide
it in such manner and within such reasonable period as may be specified by the
OGA in the request for information.

(3) Information requested under subsection (1) may not include items subject to
10legal privilege.

(4) Requirements imposed under this section are sanctionable in accordance with
Chapter 5.

20 Power of the OGA to require attendance at meetings

(1) The OGA may require a relevant party to a dispute to send an individual to act
15as its representative at a meeting with the OGA for the purpose of participating
in proceedings relating to—

(a) whether a reference of the dispute is to be rejected, adjourned or
accepted under section 16(1),

(b) whether the OGA is to make a decision to consider the dispute under
20section 17(1), or

(c) the consideration of the dispute and the making of a recommendation
under section 18(2).

(2) The OGA may require that the individual sent to attend the meeting has the
necessary knowledge and expertise for the purpose of participating in the
25proceedings in question.

(3) The OGA must give reasonable notice of any meeting at which attendance is
required under this section.

(4) Requirements imposed by the OGA on relevant parties under this section are
sanctionable in accordance with Chapter 5.

21 30Disputes: 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) 35the 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 18(6) (publication of recommendations for resolving
disputes), or

(ii) 40section 52 (publication of details of sanctions).

22 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) 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
5table.

(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) 45substitute its own decision for the decision under appeal.

CHAPTER 3 Information and samples

Interpretation

23 Petroleum-related information and samples

In this Chapter—

• 5“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
  principal objective, and

  (b)

  10in 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);

• “petroleum-related samples” means samples of substances acquired by or
  15on behalf of an offshore licensee in the course of carrying out activities
  under the licensee’s licence.

Retention

24 Retention of information and samples

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

(a) 20specified relevant persons to retain specified petroleum-related
information;

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

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

(a) 25the 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) In this section, “specified” means specified, or of a description specified, in
regulations under this section.

(4) 30Requirements imposed by regulations under this section are sanctionable in
accordance with Chapter 5.

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

25 Retention: supplementary

(1) 35Subsection (2) applies in relation to regulations under section 24 imposing
requirements 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) Regulations under section 24 may not impose requirements which have effect
in relation to particular petroleum-related information or particular
5petroleum-related samples at any time when an information and samples plan
dealing with the information or samples has effect (see sections 26 to 29).

Information and samples plans

26 Information and samples plans: termination of rights under offshore licences

(1) This section and sections 27 to 29 make provision in relation to the preparation
10of information and samples plans in connection with licence events.

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

(3) “Licence event” means—

(a) a transfer of rights under an offshore licence, whether in relation to all
15or 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
much of that area in respect of which the licence continues to have
effect,

(c) 20the 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
which the licence event occurs.

(5) “Responsible person” in relation to a licence event, means the person who is or
25was, or the persons who are or were, the licensee in respect of the relevant
licence immediately before the licence event.

(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
30the event, and

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

27 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) 35The responsible person must agree the information and samples plan with the
OGA—

(a) in the case of a licence event mentioned in section 26(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 26(3)(d) (revocation),
40within a reasonable period after the revocation of the relevant licence.

(3) An 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) 5may 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) 10prepares 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) 15Where 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.

28 Changes to information and samples plans