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75 | Third party access to oil processing facilities |
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(1) | A person (“the applicant”) who seeks a right to have petroleum processed by |
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an oil processing facility must, before making an application to the Secretary of |
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State under subsection (5), apply to the owner of the facility for the right. |
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(2) | An application under subsection (1) may be made only in respect of an oil |
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processing facility which is situated in— |
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(b) | the territorial sea adjacent to Great Britain, or |
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(c) | the sea in any area designated under section 1(7) of the Continental |
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(3) | An application under subsection (1) is to be made by notice in writing |
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specifying the nature of the right which is being sought. |
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(4) | The notice must, in particular, specify— |
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(a) | the period during which the petroleum is to be processed by the facility, |
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(b) | the kind of petroleum to be processed, and |
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(c) | the quantities of petroleum to be processed. |
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(5) | If the owner and the applicant do not reach agreement on the application, the |
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applicant may apply to the Secretary of State for directions which would secure |
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to the applicant the right specified in the notice. |
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(6) | The Secretary of State may not consider an application under subsection (5) |
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unless satisfied that the parties have had a reasonable time in which to reach |
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(7) | When considering an application under subsection (5) the Secretary of State |
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(a) | decide whether the application is to be adjourned to enable further |
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negotiations between the parties, considered further or rejected, |
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(b) | give notice of that decision to the applicant, and |
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(c) | in the case of a decision to consider the application further, give notice |
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to the persons mentioned in subsection (8) and give them the |
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opportunity to be heard in relation to the application. |
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(a) | the owner of the oil processing facility, |
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(b) | any person with a right to have petroleum processed at the facility, and |
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(c) | the Health and Safety Executive. |
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(9) | On an application under subsection (5), the Secretary of State may give |
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directions if satisfied that they will not prejudice— |
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(a) | the efficient operation of the oil processing facility, |
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(b) | the processing by the facility of the quantities of petroleum which the |
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owner or an associate of the owner requires or may reasonably be |
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expected to require to be processed by the facility for the purposes of |
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any business carried on by the owner or associate, or |
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(c) | the processing by the facility of the quantities of petroleum which |
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another person with a right to have petroleum processed by the facility |
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requires to be processed in the exercise of that right. |
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76 | Directions under section 75: supplemental |
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(1) | Directions under section 75 may— |
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(a) | specify the terms on which the Secretary of State considers that the |
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owner of the oil processing facility should enter into an agreement with |
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the applicant for all or any of the purposes mentioned in subsection (2); |
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(b) | specify the sums, or the method of determining the sums, which the |
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Secretary of State considers should be paid by the applicant as |
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consideration for the right to have petroleum processed at the facility; |
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(c) | require the owner, if the applicant pays or agrees to pay those sums |
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within a period specified in the directions, to enter into an agreement |
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with the applicant on the terms specified under paragraph (a). |
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(2) | The purposes mentioned in subsection (1)(a) are— |
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(a) | securing to the applicant the right to have petroleum, of the kind and in |
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the quantities specified in the direction, processed at the oil processing |
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(b) | securing that the applicant is not prevented or impeded from exercising |
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(c) | regulating the charges which may be made for the processing of |
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petroleum by virtue of that right; |
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(d) | securing to the applicant such ancillary or incidental rights as the |
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Secretary of State considers necessary or expedient, which may include |
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the right to have a pipeline connected to the facility by the owner. |
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(3) | For the purpose of considering an application under section 75(5), the Secretary |
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of State may by notice require the owner or the applicant to provide such |
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information relevant to the application as may be specified or described in the |
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(4) | The information mentioned in subsection (3) may, in particular, include |
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financial information relevant to the owner’s or the applicant’s activities with |
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respect to oil processing operations. |
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(5) | The Secretary of State may not disclose to any person any information obtained |
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under subsection (3) unless— |
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(a) | the person by or on behalf of whom the information was provided |
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consents to the disclosure, or |
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(b) | the disclosure is required by virtue of an obligation imposed on the |
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Secretary of State by or under an enactment. |
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(6) | Compliance with directions under section 75 is enforceable by civil |
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proceedings by the Secretary of State for an injunction or interdict or for any |
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other appropriate relief. |
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(7) | Civil proceedings under subsection (6) are to be brought— |
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(a) | in England and Wales, in the High Court, or |
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(b) | in Scotland, in the Court of Session. |
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(8) | In this section and section 75— |
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“oil processing facility” means any facility which carries out oil processing |
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“oil processing operations” means any of the following operations— |
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(a) | initial blending and such other treatment of petroleum as may |
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be required to produce stabilised crude oil and other |
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hydrocarbon liquids to the point at which a seller could |
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reasonably make a delivery to a purchaser of such oil and |
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(b) | receiving stabilised crude oil and other hydrocarbon liquids |
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piped from an oil processing facility carrying out operations of |
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a kind mentioned in paragraph (a), or storing oil or other |
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hydrocarbon liquids so received, prior to their conveyance to |
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another place (whether inside or outside Great Britain); |
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(c) | loading stabilised crude oil and other hydrocarbon liquids |
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piped from a facility carrying out operations of a kind |
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mentioned in paragraph (a) or (b) for conveyance to another |
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place (whether inside or outside Great Britain); |
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“owner”, in relation to an oil processing facility, includes a lessee and any |
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person occupying or controlling the facility; |
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“petroleum” has the meaning given by section 1 of the Petroleum Act 1998 |
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(c. 17) and includes petroleum which has undergone any processing. |
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77 | Meaning of “associate” |
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(1) | For the purposes of section 75(9) a person is an associate of the owner of an oil |
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(a) | either or both of them is a body corporate, and |
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(b) | one of them controls the other, or both are controlled by the same |
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| and subsections (2) to (6) set out the circumstances in which one person (“A”) |
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(2) | Where B is a company, A controls B if A possesses or is entitled to acquire— |
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(a) | one half or more of the issued share capital of B, |
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(b) | such rights as would entitle A to exercise one half or more of the votes |
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exercisable in general meetings of B, |
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(c) | such part of the issued share capital of B as would entitle A to one half |
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or more of the amount distributed if the whole of the income of B were |
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in fact distributed among the shareholders, or |
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(d) | such rights as would, in the event of the winding up of B or in any other |
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circumstances, entitle it to receive one half or more of the assets of B |
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which would then be available for distribution among the |
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(3) | Where B is a limited liability partnership, A controls B if A— |
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(a) | holds a majority of the voting rights in B, |
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(b) | is a member of B and has a right to appoint or remove a majority of |
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(c) | is a member of B and controls alone, or pursuant to an agreement with |
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other members, a majority of the voting rights in B. |
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(4) | In subsection (3)(a) and (c) the references to “voting rights” are to the rights |
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conferred on members in respect of their interest in a limited liability |
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partnership to vote on those matters which are to be decided on by a vote of |
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the members of the limited liability partnership. |
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(5) | In any case, A controls B if A has the power, directly or indirectly, to secure that |
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the affairs of B are conducted in accordance with A’s wishes. |
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(6) | In determining whether, by virtue of subsections (2) to (5), A controls B, A shall |
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(a) | any rights and powers possessed by a person as nominee for it, and |
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(b) | any rights and powers possessed by a body corporate which it controls |
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(including rights and powers which such a body corporate would be |
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taken to possess by virtue of this paragraph). |
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(1) | In section 1 of the Sustainable Energy Act 2003 (c. 30) (annual reports on |
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progress towards sustainable energy aims)— |
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(a) | in subsection (1) omit— |
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(i) | “, beginning with 2004,”, and |
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(ii) | “in the reporting period”, |
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(b) | in subsection (1A) omit— |
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(i) | paragraphs (a), (b) and (c), and |
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(ii) | in paragraphs (ba), (bb) and (d), “during that period”, |
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(c) | in subsection (1AA), omit “in the reporting period”, |
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(d) | omit subsections (1B) to (3), and |
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(e) | after subsection (4) insert— |
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“(4A) | A report or part of a report published under this section must |
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specify the period to which it relates.” |
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(2) | In section 5 of the Climate Change and Sustainable Energy Act 2006 (c. 19) |
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(national microgeneration targets: modification of section 1 of the Sustainable |
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(i) | for “(1B)” substitute “(1AA)”, |
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(ii) | in the inserted subsection (1BA) omit “during the reporting |
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(iii) | omit “and as if” to the end, and |
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(i) | in paragraph (a) omit “reporting”, |
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(ii) | omit paragraph (c), and |
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(iii) | in paragraph (d) for “that section” substitute “section 1 of the |
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Sustainable Energy Act 2003”. |
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(3) | In the Energy Act 2004 (c. 20), omit section 172 (annual report on security of |
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