|
| |
|
(4) | But if a notice under subsection (1) requires information in connection |
| |
with a function of the Secretary of State under section 107(1) or (4), the |
| |
notice may require the provision of information or documents which |
| |
the Secretary of State considers are necessary or expedient for the |
| |
purpose of exercising those functions (whether or not they are of a kind |
| 5 |
specified in subsection (3)). |
| |
(5) | A notice under subsection (1) must specify the documents or |
| |
information, or the description of documents or information, to which |
| |
| |
(6) | Information or documents required to be provided under this section |
| 10 |
must be provided within such period as is specified in the notice under |
| |
| |
(7) | In this section, “associated”, in relation to a body corporate, is to be |
| |
construed in accordance with section 105A(3) to (8). |
| |
(8) | A person who fails, without reasonable excuse, to comply with a notice |
| 15 |
under subsection (1) is guilty of an offence. |
| |
(9) | A person who discloses information obtained by virtue of a notice |
| |
under this section is guilty of an offence unless the disclosure— |
| |
(a) | is made with the consent of the person by or on behalf of whom |
| |
the information was provided, |
| 20 |
(b) | is for the purpose of the exercise of the Secretary of State’s |
| |
functions under this Chapter, the Electricity Act 1989 or Part 4 |
| |
of the Petroleum Act 1998, or |
| |
(c) | is required by or under an enactment.” |
| |
| 25 |
Oil and gas installations |
| |
67 | Persons who may be required to submit abandonment programmes |
| |
(1) | Section 30 of the Petroleum Act 1998 (c. 17) (persons who may be required to |
| |
submit programmes) is amended as follows. |
| |
| 30 |
(a) | after paragraph (b) insert— |
| |
“(ba) | a person to whom subsection (5)(a) and (b) applied in |
| |
relation to the installation, but who— |
| |
(i) | transferred the right mentioned in that |
| |
subsection to another person, and |
| 35 |
(ii) | has not obtained a consent required under the |
| |
licence in relation to the transfer;”, and |
| |
(b) | in paragraph (e) for “company” in each place substitute “body |
| |
| |
(3) | In subsection (2)(c) for “company” in each place substitute “body corporate”. |
| 40 |
(4) | For subsection (5)(b) substitute— |
| |
| |
|
| |
|
| |
|
(i) | any activity mentioned in subsection (6) is carried on |
| |
from, by means of or on the installation, or |
| |
(ii) | the person intends to carry on an activity mentioned in |
| |
that subsection from, by means of or on the |
| |
| 5 |
(5) | For subsection (8) substitute— |
| |
“(8) | For the purposes of this section, one body corporate is associated with |
| |
another if one of them controls the other or a third body corporate |
| |
controls both of them; and subsections (8A) to (8D) set out the |
| |
circumstances in which one body corporate (“A”) controls another |
| 10 |
| |
(8A) | Where B is a company, A controls B if A possesses or is entitled to |
| |
| |
(a) | one half or more of the issued share capital of B, |
| |
(b) | such rights as would entitle A to exercise one half or more of the |
| 15 |
votes exercisable in general meetings of B, |
| |
(c) | such part of the issued share capital of B as would entitle A to |
| |
one half or more of the amount distributed if the whole of the |
| |
income of B were in fact distributed among the shareholders, or |
| |
(d) | such rights as would, in the event of the winding up of B or in |
| 20 |
any other circumstances, entitle it to receive one half or more of |
| |
the assets of B which would then be available for distribution |
| |
| |
(8B) | Where B is a limited liability partnership, A controls B if A— |
| |
(a) | holds a majority of the voting rights in B, |
| 25 |
(b) | is a member of B and has a right to appoint or remove a majority |
| |
| |
(c) | is a member of B and controls alone, or pursuant to an |
| |
agreement with other members, a majority of the voting rights |
| |
| 30 |
(8C) | In subsection (8B)(a) and (c) the references to “voting rights” are to the |
| |
rights conferred on members in respect of their interest in a limited |
| |
liability partnership to vote on those matters which are to be decided |
| |
on by a vote of the members of the limited liability partnership. |
| |
(8D) | In any case, A controls B if A has the power, directly or indirectly, to |
| 35 |
secure that the affairs of B are conducted in accordance with A’s |
| |
| |
| |
(a) | for “subsection (8)” substitute “subsections (8) to (8D)”, and |
| |
(b) | for “company” in each place substitute “body corporate”. |
| 40 |
68 | Financial resources etc |
| |
(1) | Section 38 of the Petroleum Act 1998 (c. 17) (information and notices) is |
| |
| |
|
| |
|
| |
|
(2) | For subsection (1) substitute— |
| |
“(1) | The Secretary of State may, for a purpose specified in subsection (1A), |
| |
give a notice to a person within subsection (1B) requiring the person, |
| |
within a time specified in the notice— |
| |
(a) | to provide specified information relating to the person’s |
| 5 |
| |
(b) | to supply copies of specified documents, or documents of a |
| |
specified description, relating to those affairs. |
| |
| |
(a) | determining whether to give a notice under section 29 to a |
| 10 |
person in respect of an installation or pipeline; |
| |
(b) | determining whether to make a proposal under section 34(1) to |
| |
impose a duty on a person under section 36; |
| |
(c) | where a person has made such a proposal, determining whether |
| |
to impose the duty on the person proposed. |
| 15 |
(1B) | A person falls within this subsection if— |
| |
(a) | a notice under section 29(1) may be given to the person, |
| |
(b) | the person falls within section 34(2)(a) or (b) and the Secretary |
| |
of State is considering proposing, in accordance with section |
| |
34(1)(b), that the person should have a duty under section 36, or |
| 20 |
(c) | the person falls within section 34(2)(a) or (b) and the Secretary |
| |
of State is considering whether to impose a duty on the person |
| |
under section 36 in accordance with a proposal made under |
| |
| |
| 25 |
(a) | for the words from “who has” to “that duty” substitute “falling within |
| |
subsection (2A) will be capable of carrying out any abandonment |
| |
programme which has been submitted (whether or not it is approved) |
| |
or may be submitted in relation to an installation or pipeline”, and |
| |
(b) | in paragraph (a) after “information” insert “(which may relate to the |
| 30 |
estimated costs of abandonment of the installation or pipeline or to any |
| |
other financial or other matter)”. |
| |
(4) | After that subsection insert— |
| |
“(2A) | A person falls within this subsection if— |
| |
(a) | a notice under section 29(1) has been given to the person, or |
| 35 |
(b) | the person has a duty under section 36 to secure that an |
| |
abandonment programme is carried out.” |
| |
(5) | For subsection (4) substitute— |
| |
“(4) | The Secretary of State may, after consulting the Treasury, give written |
| |
notice to a person to whom subsection (4A) applies, requiring the |
| 40 |
person to take such action as may be specified in the notice within such |
| |
time as may be so specified. |
| |
(4A) | This subsection applies to a person if— |
| |
(a) | the person falls within subsection (2A), and |
| |
(b) | the Secretary of State is not satisfied that the person will be |
| 45 |
capable of carrying out any duty which has been, or is likely to |
| |
be, imposed on the person by section 36.” |
| |
|
| |
|
| |
|
(6) | After subsection (6) add— |
| |
“(7) | It is an offence for a person to disclose information obtained by virtue |
| |
of a notice under subsection (1) or (2) unless the disclosure— |
| |
(a) | is made with the consent of the person by or on behalf of whom |
| |
the information was provided, |
| 5 |
(b) | is for the purpose of the exercise of the Secretary of State’s |
| |
functions under this Part, Chapter 3 of Part 2 of the Energy Act |
| |
2004 or Part 1 of the Energy Act 2008, or |
| |
(c) | is required by or under an enactment.” |
| |
69 | Protection of abandonment funds from creditors |
| 10 |
(1) | After section 38 of the Petroleum Act 1998 (c. 17) insert— |
| |
“38A | Protection of funds set aside for the purposes of abandonment |
| |
| |
(1) | This section applies where any security for the performance of |
| |
obligations under an approved abandonment programme has been |
| 15 |
provided by a person (“the security provider”) by way of a trust or |
| |
| |
(2) | Subsection (1) applies whether the security is provided before or after |
| |
the programme is approved. |
| |
(3) | In this section a reference to “the protected assets” is a reference to the |
| 20 |
security, and any property or rights in which it consists. |
| |
(4) | The manner in which, and purposes for which the protected assets are |
| |
to be applied and enforceable (whether in the event of the security |
| |
provider’s insolvency or otherwise) is to be determined in accordance |
| |
with the trust or other arrangements. |
| 25 |
(5) | For the purposes of subsection (4), no regard is to be had to so much of |
| |
the Insolvency Act 1986, the Insolvency (Northern Ireland) Order 1989 |
| |
or any other enactment or rule of law as, in its operation in relation to |
| |
the security provider or any conduct of the security provider, would— |
| |
(a) | prevent or restrict the protected assets being applied in |
| 30 |
accordance with the trust or other arrangement, or |
| |
(b) | prevent or restrict their enforcement for the purposes of being |
| |
| |
(6) | In subsection (5) “enactment” includes an enactment comprised in, or |
| |
in an instrument made under, an Act of the Scottish Parliament. |
| 35 |
38B | Directions to provide information about protected assets |
| |
(1) | The Secretary of State may direct a security provider to publish |
| |
specified information about the protected assets. |
| |
(2) | A direction under this section may specify— |
| |
(a) | the time when the information must be published, and |
| 40 |
(b) | the manner of publication. |
| |
(3) | If a security provider fails to comply with a direction, the Secretary of |
| |
State, or a creditor of the security provider, may make an application to |
| |
the court under this section. |
| |
|
| |
|
| |
|
(4) | If, on an application under this section, the court decides that the |
| |
security provider has failed to comply with the direction, it may order |
| |
the security provider to take such steps as the court directs for securing |
| |
that the direction is complied with. |
| |
| 5 |
| |
(a) | in relation to an application in England and Wales or |
| |
Northern Ireland, means the High Court, and |
| |
(b) | in relation to an application in Scotland, means the |
| |
| 10 |
“security provider” means a person who has provided security in |
| |
relation to which section 38A applies; |
| |
“the protected assets”, in relation to a security provider, means the |
| |
security, and any property or rights in which it consists.” |
| |
(2) | This section has effect in relation to a trust or other arrangements established |
| 15 |
on or after 1st December 2007. |
| |
| |
| |
70 | Information about decommissioning of wells |
| |
(1) | In Part 5 of the Petroleum Act 1998 (c. 17), before section 46 (Northern Ireland |
| 20 |
and Isle of Man shares of petroleum revenue) insert— |
| |
| |
(1) | This section applies in relation to a person who has drilled, or |
| |
commenced drilling, a well in pursuance of a petroleum licence or a |
| |
licence under section 3 of the Energy Act 2008 (gas storage and |
| 25 |
| |
(2) | The Secretary of State may give a notice requiring the person— |
| |
(a) | to provide specified information relating to the person’s |
| |
| |
(b) | to supply copies of specified documents, or documents of a |
| 30 |
specified description, relating to those affairs. |
| |
(3) | A notice under subsection (2) must specify the time within which the |
| |
information or documents must be provided. |
| |
(4) | Subsection (5) applies if— |
| |
(a) | the person fails to provide information or documents required |
| 35 |
by such a notice within the period specified in the notice, or |
| |
(b) | on receiving information or documents required by a notice |
| |
under subsection (2) the Secretary of State is not satisfied that |
| |
the person will be capable of plugging and abandoning the well. |
| |
(5) | Where this subsection applies the Secretary of State may give the |
| 40 |
person a notice, after consulting the Treasury, requiring the person to |
| |
take the action specified in the notice within the time so specified. |
| |
|
| |
|
| |
|
(6) | The Secretary of State may not give a notice to a person under |
| |
subsection (5) without first giving the person an opportunity to make |
| |
written representations as to whether the notice should be given. |
| |
(7) | It is an offence for a person to fail to comply with a notice under |
| |
subsection (2) or (5) unless it is proved that the person exercised due |
| 5 |
diligence to avoid the failure. |
| |
(8) | A person guilty of an offence under this section is liable— |
| |
(a) | on summary conviction, to a fine not exceeding the statutory |
| |
| |
(b) | on conviction on indictment, to imprisonment for a term not |
| 10 |
exceeding 2 years or to a fine, or both. |
| |
(9) | Section 41 (other than subsection (5)) applies in relation to prosecutions |
| |
for offences under this section as it applies in relation to prosecutions |
| |
for offences under Part 4. |
| |
| 15 |
“petroleum licence” means a licence under section 2 of the |
| |
Petroleum (Production) Act 1934 or section 3 above; |
| |
“well” includes a borehole.” |
| |
(2) | This section applies in relation to any well the drilling of which commences on |
| |
or after the date on which this section comes into force. |
| 20 |
| |
Provisions relating to oil and gas |
| |
| |
71 | Transfers without the consent of the Secretary of State |
| |
After section 5 of the Petroleum Act 1998 (c. 17) (existing licences) insert— |
| 25 |
“5A | Rights transferred without the consent of Secretary of State |
| |
(1) | This section applies if— |
| |
(a) | a person is (or two or more persons are) the licensee in respect |
| |
of a licence under section 2 of the Petroleum (Production) Act |
| |
1934 (c. 36) or section 3 above (“the transferor”), |
| 30 |
(b) | the transferor transfers a right granted by the licence, or derived |
| |
from a right so granted, to another person (“the transferee”) |
| |
after commencement in circumstances where the consent of the |
| |
Secretary of State is required for the transfer, and |
| |
(c) | that consent is not obtained. |
| 35 |
(2) | The Secretary of State may, by notice given to the transferor and the |
| |
transferee, direct that the right is to revert to the transferor from a date |
| |
| |
(3) | The date specified must not be earlier than the date on which the notice |
| |
| 40 |
(4) | Before giving a notice to a person under subsection (2), the Secretary of |
| |
| |
|
| |
|
| |
|
(a) | notify the person of the proposal to give the notice, and |
| |
(b) | give the person a reasonable period within which to make |
| |
| |
(5) | The Secretary of State may not give a notice under subsection (2) after |
| |
the end of the period of 3 months beginning with the date on which the |
| 5 |
Secretary of State learns of the transfer. |
| |
| |
“commencement” means the time when this section comes into |
| |
| |
“transfer” does not include a transfer by way of security for a loan. |
| 10 |
| |
(1) | The Commissioners for Her Majesty’s Revenue and Customs may |
| |
disclose to the Secretary of State information relating to the transfer of |
| |
a right granted by a licence under section 2 of the Petroleum |
| |
(Production) Act 1934 or section 3 above, or derived from a right so |
| 15 |
granted, for the purpose of enabling the Secretary of State to determine |
| |
whether a transfer to which section 5A applies has taken place. |
| |
(2) | This section applies despite any statutory or other restriction on the |
| |
disclosure of information. |
| |
(3) | Information disclosed under this section must not be further disclosed |
| 20 |
| |
(a) | for the purpose mentioned in subsection (1), with the consent |
| |
(which may be general or specific) of the Commissioners, |
| |
(b) | in pursuance of an order of a court, or |
| |
(c) | with the consent of each person to whom the information |
| 25 |
| |
(4) | A person who discloses information contrary to subsection (3) commits |
| |
an offence if the identity of the person to whom the information |
| |
| |
(a) | is specified in the disclosure, or |
| 30 |
(b) | can be deduced from it. |
| |
(5) | It is a defence for a person charged with an offence under this section |
| |
to prove that the person reasonably believed that— |
| |
(a) | the disclosure was lawful, or |
| |
(b) | the information had already and lawfully been made available |
| 35 |
| |
(6) | A person guilty of an offence under this section is liable— |
| |
(a) | on summary conviction, to imprisonment for a term not |
| |
exceeding 12 months or to a fine not exceeding the statutory |
| |
| 40 |
(b) | on conviction on indictment, to imprisonment for a term not |
| |
exceeding 2 years or to a fine, or both. |
| |
5C | Offences under section 5B: supplemental |
| |
(1) | No proceedings for an offence under section 5B may be instituted in |
| |
England and Wales except— |
| 45 |
(a) | by the Director of Revenue and Customs Prosecutions, or |
| |
|
| |
|