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Energy Bill


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

119

 

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

5

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 28(4) (power of revocation: change of control) after “when this

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

10

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

assigned to the Licensee)”.

      (5)  

After clause 28 insert—

“28A    

Power of partial revocation

(1)   

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

15

Licensee and—

(a)   

an event mentioned in clause 28(2)(b), (c), (d) or (e) occurs in

relation to one of those persons, or

(b)   

the conditions specified in clause 28(3) are satisfied in

relation to one of those persons.

20

(2)   

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

revocation in clause 28 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

25

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

30

relation to whom it is not revoked.”

13    (1)  

Part 2 of Schedule 13 (landward appraisal licences) is amended as follows.

      (2)  

After clause 6 (consequences of determination or surrender by licensee)

insert—

“6A     

Provision of contact details to Minister

35

(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.

(2)   

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

40

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

 
 

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

120

 

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

5

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.”

10

      (3)  

In clause 14 (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

15

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 must comply with any notice under paragraph

(5A).

20

(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.

(5D)   

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

25

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” insert “, or in accordance with a

notice under paragraph (5A),”.

30

      (4)  

In clause 33(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)”.

      (5)  

After clause 33 insert—

35

“33A    

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 33(2)(c), (d), (e) or (f) occurs in

relation to one of those persons, or

40

(b)   

the conditions specified in clause 33(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 33 to revoke the licence in so far as it applies to

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

45

 
 

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

121

 

(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.

(4)   

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

5

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.”

14    (1)  

Part 2 of Schedule 14 (landward development licences) is amended as

follows.

10

      (2)  

After clause 6 (consequences of determination or surrender by licensee)

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

15

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.

20

(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

25

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

30

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

address specified by the Minister in the notice.”

      (3)  

In clause 15 (abandonment and plugging of wells)—

(a)   

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

(b)   

after paragraph (5) insert—

35

“(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)).

40

(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

45

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

 
 

Energy Bill
Schedule 3 — Petroleum licences: amendments to model clauses
Part 3 — Petroleum Licensing (Exploration and Production) (Seaward and Landward Areas) Regulations 2004

122

 

(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 35(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 35 insert—

“35A    

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 35(2)(c), (d), (e) or (g) occurs in

15

relation to one of those persons, or

(b)   

the conditions specified in clause 35(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 35 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.”

Part 3

30

Petroleum Licensing (Exploration and Production) (Seaward and Landward

Areas) Regulations 2004

15         

This Part of this Schedule amends the Petroleum Licensing (Exploration and

Production) (Seaward and Landward Areas) Regulations 2004 (S.I. 2004/

352).

35

16    (1)  

Schedule 1 (exploration licences) is amended as follows.

      (2)  

After clause 5 (right of licensee to determine licence) insert—

“5A     

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

40

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.

 
 

Energy Bill
Schedule 3 — Petroleum licences: amendments to model clauses
Part 3 — Petroleum Licensing (Exploration and Production) (Seaward and Landward Areas) Regulations 2004

123

 

(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

5

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

10

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.”

15

      (3)  

In clause 7 (abandonment and plugging of wells)—

(a)   

in paragraph (2) for “(5) and” substitute “(4A) to”, and

(b)   

after paragraph (4) insert—

“(4A)   

The Minister may at any time before the expiry or

determination of this licence give the Licensee a notice

20

requiring a Well drilled pursuant to this licence to be plugged

and abandoned within the period specified in the notice (but

this paragraph is subject to paragraphs (4C) and (4D)).

(4B)   

The Licensee shall comply with any notice under paragraph

(4A).

25

(4C)   

A notice under paragraph (4A) 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 in

which the Well is drilled.

(4D)   

A notice under paragraph (4A) may be given only in relation

30

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.”

      (4)  

After clause 20 (power of revocation) insert—

“20A    

Power of partial revocation

35

(1)   

This clause applies in a case where—

(a)   

two or more persons are the Licensee, and

(b)   

an event mentioned in clause 20(2)(c), (d), (e), (ee) or (f)

occurs in relation to one of those persons.

(2)   

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

40

revocation in clause 20 to revoke the licence in so far as it applies to

the person mentioned in paragraph (1)(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

45

under the terms and conditions of this licence.

 
 

Energy Bill
Schedule 3 — Petroleum licences: amendments to model clauses
Part 3 — Petroleum Licensing (Exploration and Production) (Seaward and Landward Areas) Regulations 2004

124

 

(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.”

17    (1)  

Schedule 2 (frontier areas: production licences without break clause) is

5

amended as follows.

      (2)  

After clause 9 (areas surrendered) insert—

“9A     

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 16 (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

(c)   

in paragraph (6) after “Subject to paragraphs” insert “(5A) to (5D),”.

 
 

Energy Bill
Schedule 3 — Petroleum licences: amendments to model clauses
Part 3 — Petroleum Licensing (Exploration and Production) (Seaward and Landward Areas) Regulations 2004

125

 

      (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

assigned to the Licensee)”.

      (5)  

After clause 38 (power of revocation) insert—

5

“38A    

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 38(2)(c), (d), (e), (ee) or (g)

occurs in relation to one of those persons, or

10

(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

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

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

15

(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.

(4)   

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

20

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.”

18    (1)  

Schedule 3 (frontier areas: production licences with break clause) is

amended as follows.

25

      (2)  

After clause 10 (areas surrendered) insert—

“10A    

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

30

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

35

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—

40

(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

45

address specified by the Minister in the notice.”

 
 

 
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