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Energy Bill


Energy Bill
Schedule 3 — Petroleum licences: amendments to model clauses
Part 2 — Petroleum (Current Model Clauses) Order 1999

105

 

(4)   

Where this licence is revoked in relation to one person under this

clause, it continues to have effect in respect of the other person who

constitutes, or persons who together constitute, the Licensee and in

relation to whom it is not revoked.”

Part 2

5

Petroleum (Current Model Clauses) Order 1999

2          

This Part of this Schedule contains amendments to the Petroleum (Current

Model Clauses) Order 1999 (S.I. 1999/160).

3     (1)  

Part 2 of Schedule 2 (seaward production licences) is amended as follows.

      (2)  

After clause 7 (area surrendered) insert—

10

“7A     

Provision of contact details to Minister

(1)   

A notice, direction or other document authorised or required (in

whatever terms) to be given to the Licensee by virtue of this licence

is treated as given to the Licensee if it is given to the person specified

by the Licensee under paragraph (2) at the address so specified.

15

(2)   

The Licensee must supply the Minister with the name and address of

a person to whom notices, directions and other documents are to be

given.

(3)   

The Licensee must ensure that, where there is a change in the person

to whom, or the address to which, information should be sent in

20

accordance with paragraph (2), the Minister is notified of the change

as soon as is reasonably practicable.

(4)   

If the Licensee fails to comply with paragraph (2) the Minister may

give the Licensee a notice which—

(a)   

requires the Licensee to comply with paragraph (2) within

25

the period of one month beginning with the date of the

notice, and

(b)   

states that, if the Licensee fails to do so, the Licensee will be

treated as having supplied under paragraph (2) the name and

address specified by the Minister in the notice.”

30

      (3)  

In clause 17 (abandonment and plugging of wells)—

(a)   

in paragraph (2) for “The” substitute “Subject to paragraph (5B), the”,

(b)   

after paragraph (5) insert—

“(5A)   

The Minister may at any time give the Licensee a notice

requiring a well drilled pursuant to this licence to be plugged

35

and abandoned in accordance with paragraph (5) within the

period specified in the notice (but this paragraph is subject to

paragraphs (5C) and (5D)).

(5B)   

The Licensee shall comply with any notice under paragraph

(5A).

40

(5C)   

A notice under paragraph (5A) may not be given less than

one month before the expiry or determination of the

Licensee’s rights under this licence in relation to the area, or

the part of the area, in which the well is drilled.

 
 

Energy Bill
Schedule 3 — Petroleum licences: amendments to model clauses
Part 2 — Petroleum (Current Model Clauses) Order 1999

106

 

(5D)   

A notice under paragraph (5A) may be given only in relation

to a well from which the Licensee has not extracted any

petroleum within the period of one month ending with the

day on which the notice is given.”, and

(c)   

in paragraph (6) after “the Minister” (in the first place) insert “, or in

5

accordance with a notice under paragraph (5A),”.

      (4)  

In clause 39(4) (power of revocation: change of control) after “when this

licence was granted” insert “(or, if there has been an assignment or

assignation of rights conferred by this licence, when those rights were

assigned to the Licensee)”.

10

      (5)  

After clause 39 insert—

“39A    

Power of partial revocation

(1)   

This clause applies in a case where two or more persons are the

Licensee and—

(a)   

an event mentioned in clause 39(2)(c), (d), (e) or (g) occurs in

15

relation to one of those persons, or

(b)   

the conditions specified in clause 39(3) are satisfied in

relation to one of those persons.

(2)   

Where this clause applies, the Minister may exercise the power of

revocation in clause 39 to revoke the licence in so far as it applies to

20

the person mentioned in paragraph (1)(a) or (b).

(3)   

If the Minister exercises the power in paragraph (2), the rights

granted to the person under this licence cease, but without prejudice

to any obligation or liability incurred by the person or imposed

under the terms and conditions of this licence.

25

(4)   

Where this licence is revoked in relation to one person under this

clause, it continues to have effect in respect of the other person who

constitutes, or persons who together constitute, the Licensee and in

relation to whom it is not revoked.”

4     (1)  

Part 2 of Schedule 3 (landward production licences) is amended as follows.

30

      (2)  

After clause 7 (areas surrendered) insert—

“7A     

Provision of contact details to Minister

(1)   

A notice, direction or other document authorised or required (in

whatever terms) to be given to the Licensee by virtue of this licence

is treated as given to the Licensee if it is given to the person specified

35

by the Licensee under paragraph (2) at the address so specified.

(2)   

The Licensee must supply the Minister with the name and address of

a person to whom notices, directions and other documents are to be

given.

(3)   

The Licensee must ensure that, where there is a change in the person

40

to whom, or the address to which, information should be sent in

accordance with paragraph (2), the Minister is notified of the change

as soon as is reasonably practicable.

(4)   

If the Licensee fails to comply with paragraph (2) the Minister may

give the Licensee a notice which—

45

 
 

Energy Bill
Schedule 3 — Petroleum licences: amendments to model clauses
Part 2 — Petroleum (Current Model Clauses) Order 1999

107

 

(a)   

requires the Licensee to comply with paragraph (2) within

the period of one month beginning with the date of the

notice, and

(b)   

states that, if the Licensee fails to do so, the Licensee will be

treated as having supplied under paragraph (2) the name and

5

address specified by the Minister in the notice.”

      (3)  

In clause 17 (abandonment and plugging of wells)—

(a)   

in paragraph (2) for “The” substitute “Subject to paragraph (5B), the”,

(b)   

after paragraph (5) insert—

“(5A)   

The Minister may at any time give the Licensee a notice

10

requiring a well drilled pursuant to this licence to be plugged

and abandoned in accordance with paragraph (5) within the

period specified in the notice (but this paragraph is subject to

paragraphs (5C) and (5D)).

(5B)   

The Licensee shall comply with any notice under paragraph

15

(5A).

(5C)   

A notice under paragraph (5A) may not be given less than

one month before the expiry or determination of the

Licensee’s rights under this licence in relation to the area, or

the part of the area, in which the well is drilled.

20

(5D)   

A notice under paragraph (5A) may be given only in relation

to a well from which the Licensee has not extracted any

petroleum within the period of one month ending with the

day on which the notice is given.”, and

(c)   

in paragraph (6) after “the Minister” (in the first place) insert “, or in

25

accordance with a notice under paragraph (5A),”.

      (4)  

In clause 37(4) (power of revocation: change of control) after “when this

licence was granted” insert “(or, if there has been an assignment or

assignation of rights conferred by this licence, when those rights were

assigned to the Licensee)”.

30

      (5)  

After clause 37 insert—

“37A    

Power of partial revocation

(1)   

This clause applies in a case where two or more persons are the

Licensee and—

(a)   

an event mentioned in clause 37(2)(c), (d), (e) or (g) occurs in

35

relation to one of those persons, or

(b)   

the conditions specified in clause 37(3) are satisfied in

relation to one of those persons.

(2)   

Where this clause applies, the Minister may exercise the power of

revocation in clause 37 to revoke the licence in so far as it applies to

40

the person mentioned in paragraph (1)(a) or (b).

(3)   

If the Minister exercises the power in paragraph (2), the rights

granted to the person under this licence cease, but without prejudice

to any obligation or liability incurred by the person or imposed

under the terms and conditions of this licence.

45

 
 

Energy Bill
Schedule 3 — Petroleum licences: amendments to model clauses
Part 2 — Petroleum (Current Model Clauses) Order 1999

108

 

(4)   

Where this licence is revoked in relation to one person under this

clause, it continues to have effect in respect of the other person who

constitutes, or persons who together constitute, the Licensee and in

relation to whom it is not revoked”

5     (1)  

Part 2 of Schedule 4 (landward production licences) is amended as follows.

5

      (2)  

After clause 7 (consequences of determination or surrender by licensee)

insert—

“7A     

Provision of contact details to Minister

(1)   

A notice, direction or other document authorised or required (in

whatever terms) to be given to the Licensee by virtue of this licence

10

is treated as given to the Licensee if it is given to the person specified

by the Licensee under paragraph (2) at the address so specified.

(2)   

The Licensee must supply the Minister with the name and address of

a person to whom notices, directions and other documents are to be

given.

15

(3)   

The Licensee must ensure that, where there is a change in the person

to whom, or the address to which, information should be sent in

accordance with paragraph (2), the Minister is notified of the change

as soon as is reasonably practicable.

(4)   

If the Licensee fails to comply with paragraph (2) the Minister may

20

give the Licensee a notice which—

(a)   

requires the Licensee to comply with paragraph (2) within

the period of one month beginning with the date of the

notice, and

(b)   

states that, if the Licensee fails to do so, the Licensee will be

25

treated as having supplied under paragraph (2) the name and

address specified by the Minister in the notice.”

      (3)  

In clause 17 (abandonment and plugging of wells)—

(a)   

in paragraph (2) for “The” substitute “Subject to paragraph (5B), the”,

(b)   

after paragraph (5) insert—

30

“(5A)   

The Minister may at any time give the Licensee a notice

requiring a well drilled pursuant to this licence to be plugged

and abandoned in accordance with paragraph (5) within the

period specified in the notice (but this paragraph is subject to

paragraphs (5C) and (5D)).

35

(5B)   

The Licensee shall comply with any notice under paragraph

(5A).

(5C)   

A notice under paragraph (5A) may not be given less than

one month before the expiry or determination of the

Licensee’s rights under this licence in relation to the area, or

40

the part of the area, in which the well is drilled.

(5D)   

A notice under paragraph (5A) may be given only in relation

to a well from which the Licensee has not extracted any

petroleum within the period of one month ending with the

day on which the notice is given.”, and

45

 
 

Energy Bill
Schedule 3 — Petroleum licences: amendments to model clauses
Part 2 — Petroleum (Current Model Clauses) Order 1999

109

 

(c)   

in paragraph (6) after “the Minister” (in the first place) insert “, or in

accordance with a notice under paragraph (5A),”.

      (4)  

In clause 38(4) (power of revocation: change of control) after “when this

licence was granted” insert “(or, if there has been an assignment or

assignation of rights conferred by this licence, when those rights were

5

assigned to the Licensee)”.

      (5)  

After clause 38 insert—

“38A    

Power of partial revocation

(1)   

This clause applies in a case where two or more persons are the

Licensee and—

10

(a)   

an event mentioned in clause 38(2)(c), (d), (e) or (g) occurs in

relation to one of those persons, or

(b)   

the conditions specified in clause 38(3) are satisfied in

relation to one of those persons.

(2)   

Where this clause applies, the Minister may exercise the power of

15

revocation in clause 38 to revoke the licence in so far as it applies to

the person mentioned in paragraph (1)(a) or (b).

(3)   

If the Minister exercises the power in paragraph (2), the rights

granted to the person under this licence cease, but without prejudice

to any obligation or liability incurred by the person or imposed

20

under the terms and conditions of this licence.

(4)   

Where this licence is revoked in relation to one person under this

clause, it continues to have effect in respect of the other person who

constitutes, or persons who together constitute, the Licensee and in

relation to whom it is not revoked.”

25

6     (1)  

Part 2 of Schedule 5 (seaward production licences) is amended as follows.

      (2)  

After clause 7 (areas surrendered) insert—

“7A     

Provision of contact details to Minister

(1)   

A notice, direction or other document authorised or required (in

whatever terms) to be given to the Licensee by virtue of this licence

30

is treated as given to the Licensee if it is given to the person specified

by the Licensee under paragraph (2) at the address so specified.

(2)   

The Licensee must supply the Minister with the name and address of

a person to whom notices, directions and other documents are to be

given.

35

(3)   

The Licensee must ensure that, where there is a change in the person

to whom, or the address to which, information should be sent in

accordance with paragraph (2), the Minister is notified of the change

as soon as is reasonably practicable.

(4)   

If the Licensee fails to comply with paragraph (2) the Minister may

40

give the Licensee a notice which—

(a)   

requires the Licensee to comply with paragraph (2) within

the period of one month beginning with the date of the

notice, and

 
 

Energy Bill
Schedule 3 — Petroleum licences: amendments to model clauses
Part 2 — Petroleum (Current Model Clauses) Order 1999

110

 

(b)   

states that, if the Licensee fails to do so, the Licensee will be

treated as having supplied under paragraph (2) the name and

address specified by the Minister in the notice.”

      (3)  

In clause 17 (abandonment and plugging of wells)—

(a)   

in paragraph (2) for “The” substitute “Subject to paragraph (5B), the”,

5

(b)   

after paragraph (5) insert—

“(5A)   

The Minister may at any time give the Licensee a notice

requiring a well drilled pursuant to this licence to be plugged

and abandoned in accordance with paragraph (5) within the

period specified in the notice (but this paragraph is subject to

10

paragraphs (5C) and (5D)).

(5B)   

The Licensee shall comply with any notice under paragraph

(5A).

(5C)   

A notice under paragraph (5A) may not be given less than

one month before the expiry or determination of the

15

Licensee’s rights under this licence in relation to the area, or

the part of the area, in which the well is drilled.

(5D)   

A notice under paragraph (5A) may be given only in relation

to a well from which the Licensee has not extracted any

petroleum within the period of one month ending with the

20

day on which the notice is given.”, and

(c)   

in paragraph (6) after “the Minister” (in the first place) insert “, or in

accordance with a notice under paragraph (5A)”.

      (4)  

In clause 40(4) (power of revocation: change of control) after “when this

licence was granted” insert “(or, if there has been an assignment or

25

assignation of rights conferred by this licence, when those rights were

assigned to the Licensee)”.

      (5)  

After clause 40 insert—

“40A    

Power of partial revocation

(1)   

This clause applies in a case where two or more persons are the

30

Licensee and—

(a)   

an event mentioned in clause 40(2)(c), (d), (e) or (g) occurs in

relation to one of those persons, or

(b)   

the conditions specified in clause 40(3) are satisfied in

relation to one of those persons.

35

(2)   

Where this clause applies, the Minister may exercise the power of

revocation in clause 40 to revoke the licence in so far as it applies to

the person mentioned in paragraph (1)(a) or (b).

(3)   

If the Minister exercises the power in paragraph (2), the rights

granted to the person under this licence cease, but without prejudice

40

to any obligation or liability incurred by the person or imposed

under the terms and conditions of this licence.

(4)   

Where this licence is revoked in relation to one person under this

clause, it continues to have effect in respect of the other person who

constitutes, or persons who together constitute, the Licensee and in

45

relation to whom it is not revoked.”

 
 

Energy Bill
Schedule 3 — Petroleum licences: amendments to model clauses
Part 2 — Petroleum (Current Model Clauses) Order 1999

111

 

7     (1)  

Part 2 of Schedule 6 (seaward production licences) is amended as follows.

      (2)  

After clause 6 (areas surrendered) insert—

“6A     

Provision of contact details to Minister

(1)   

A notice, direction or other document authorised or required (in

whatever terms) to be given to the Licensee by virtue of this licence

5

is treated as given to the Licensee if it is given to the person specified

by the Licensee under paragraph (2) at the address so specified.

(2)   

The Licensee must supply the Minister with the name and address of

a person to whom notices, directions and other documents are to be

given.

10

(3)   

The Licensee must ensure that, where there is a change in the person

to whom, or the address to which, information should be sent in

accordance with paragraph (2), the Minister is notified of the change

as soon as is reasonably practicable.

(4)   

If the Licensee fails to comply with paragraph (2) the Minister may

15

give the Licensee a notice which—

(a)   

requires the Licensee to comply with paragraph (2) within

the period of one month beginning with the date of the

notice, and

(b)   

states that, if the Licensee fails to do so, the Licensee will be

20

treated as having supplied under paragraph (2) the name and

address specified by the Minister in the notice.”

      (3)  

In clause 16 (abandonment and plugging of wells)—

(a)   

in paragraph (2) for “The” substitute “Subject to paragraph (5B), the”,

(b)   

after paragraph (5) insert—

25

“(5A)   

The Minister may at any time give the Licensee a notice

requiring a well drilled pursuant to this licence to be plugged

and abandoned in accordance with paragraph (5) within the

period specified in the notice (but this paragraph is subject to

paragraphs (5C) and (5D)).

30

(5B)   

The Licensee shall comply with any notice under paragraph

(5A).

(5C)   

A notice under paragraph (5A) may not be given less than

one month before the expiry or determination of the

Licensee’s rights under this licence in relation to the area, or

35

the part of the area, in which the well is drilled.

(5D)   

A notice under paragraph (5A) may be given only in relation

to a well from which the Licensee has not extracted any

petroleum within the period of one month ending with the

day on which the notice is given.”, and

40

(c)   

in paragraph (6) after “the Minister” (in the first place) insert “, or in

accordance with a notice under paragraph (5A),”.

      (4)  

In clause 39(4) (power of revocation: change of control) after “when this

licence was granted” insert “(or, if there has been an assignment or

assignation of rights conferred by this licence, when those rights were

45

assigned to the Licensee)”.

 
 

 
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