Energy Bill (HL Bill 62)

(1) 20Where 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) Where—

(a) two or more persons are the responsible person in relation to a licence
25event, and

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

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

29 30Information and samples plans: supplementary

(1) An information and samples plan, in relation to a licence event, may provide
as 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
35person before the licence event,

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

(c) appropriate 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
40OGA.

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

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(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-
5related samples in respect of that part of the area.

Power to require information and samples

30 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
10objective, 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
15information and samples plan (see sections 26 to 29) 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
20must 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) 25Requirements 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
accordance with a notice under this section, any requirements imposed on the
person in respect of that information or sample by regulations under section 24
30are unaffected.

Disclosure

31 Disclosure of information and provision of samples

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

(a) 35the information may be disclosed, and

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

only in accordance with this section.

(2) In this section and section 32—

(a) references to “protected material” are references to information and
40samples 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
where the protected material includes samples).

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(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) 5provide 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
10nature 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
15OGA 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 52
(publication of details of sanctions).

(6) Where protected material is provided to a person under subsection (3)(b), that
20person 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) 25in 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

(b) 30the 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) Protected material may, at such time as may be specified in regulations made
35by the Secretary of State, be—

(a) published, or

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

32 Timing of disclosure etc: supplementary

(1) 40Regulations under section 31(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 31(8), the Secretary of State must
consult such persons as the Secretary of State considers appropriate.

(3) 45Subsection (2) does not apply if the Secretary of State is satisfied that
consultation is unnecessary having regard to consultation carried out by the