Energy Bill

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Energy Bill

Energy Bill
Part 6 — General
79

97
Short title
This Act may be cited as the Energy Act 2008.

80
Energy Bill
Schedule 1 — Amendments relating to Chapters 2 and 3 of Part 1

Schedules
Schedule 1
Section 35

Amendments relating to Chapters 2 and 3 of Part 1
Food and Environment Protection Act 1985 (c. 48)
1
The Food and Environment Protection Act 1985 is amended as follows.
5
2
In section 7A (regulation of deposits made in the sea: exclusion of certain oil
and gas activities)—
(a)
the existing provision becomes subsection (1), and
(b)
after that subsection insert—
“(2)
Nothing in this Part of this Act applies to anything done in
10
the course of carrying on an activity for which a licence under
section 3 or 17 of the Energy Act 2008 is required (gas
unloading, storage and recovery, and carbon dioxide
storage).
(3)
For this purpose, activities are to be regarded as activities for
15
which such a licence is required if, by virtue of such a licence,
they are activities which may be carried on only with the
consent of the Secretary of State or another person.
(4)
Subsection (2) does not apply in relation to anything done as
mentioned in that subsection in, under or over—
20
(a)
the territorial sea adjacent to Scotland, Wales or
Northern Ireland, or
(b)
waters in a Gas Importation and Storage Zone which
are United Kingdom controlled waters adjacent to
Scotland.”
25
3
In section 24 (interpretation), in subsection (1), after the definition of
“Convention State” insert—
““Gas Importation and Storage Zone” has the meaning given by
section 1 of the Energy Act 2008;”.
Petroleum Act 1987 (c. 12)
30
4     (1)
Section 21 of the Petroleum Act 1987 (automatic establishment of safety
zones) is amended as follows.
      (2)
In subsection (2)—

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Schedule 1 — Amendments relating to Chapters 2 and 3 of Part 1
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(a)
after paragraph (a) insert—
“(aa)
the exploration of any place in, under or over such
waters with a view to the storage of gas in such a
place;
(ab)
the conversion of any place in, under or over such
5
waters for the purpose of storing gas;”,
(b)
in paragraph (b), for “in or under the shore or bed of” substitute “in,
under or over”,
(c)
after that paragraph insert—
“(ba)
the unloading of gas at any place in, under or over
10
such waters;”, and
(d)
in paragraph (d) for “paragraph (a), (b) or (c)” substitute “any of
paragraphs (a) to (c)”.
      (3)
After subsection (7) insert—
“(8)
In this section “gas” means gas within the meaning of section 2(3) of
15
the Energy Act 2008.”
Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I.2))
5
In Article 3(1) of the Gas (Northern Ireland) Order 1996 (interpretation of
provisions relating to gas supply and associated activities), in the definition
of “gas storage facility” after “any facility” insert “(other than a facility in,
20
under or over the territorial sea adjacent to Northern Ireland)”.
Petroleum Act 1998 (c. 17)
6
The Petroleum Act 1998 is amended as follows.
7
In section 11 (application of civil law)—
(a)
in subsection (1), after “Order in Council” insert “, subject to
25
subsection (4A)”,
(b)
in subsection (3), after paragraph (a) insert—
“(aa)
the exploration of any place in, under or over such
waters with a view to the storage of gas in such a
place;
30
(ab)
the conversion of any place in, under or over waters
to which this section applies for the purpose of
storing gas;”,
(c)
in paragraph (b) of that subsection, for “in or under the shore or bed
of” substitute “in, under or over”,
35
(d)
after that paragraph insert—
“(ba)
the unloading of gas at any place in, under or over
such waters;”,
(e)
in paragraph (d) of that subsection, for “paragraph (a), (b) or (c)”
substitute “any of paragraphs (a) to (c)”,
40
(f)
after that subsection insert—
“(3A)
In subsection (3) references (in whatever form) to storing gas
include storing gas with a view to its permanent disposal.”,

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Schedule 1 — Amendments relating to Chapters 2 and 3 of Part 1
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(g)
after subsection (4) insert—
“(4A)
An Order in Council may not make provision under
subsection (1) in relation to questions arising out of acts or
omissions taking place in connection with any activity
carried on in, under or over relevant Scottish waters with a
5
view to, or in connection with, the storage of carbon dioxide.
(4B)
In subsection (4A)—
(a)
“relevant Scottish waters” means tidal waters, and
parts of the sea, in or adjacent to Scotland up to the
seaward limits of the territorial sea, and
10
(b)
references to the storage of carbon dioxide do not
include the use of carbon dioxide for a purpose
ancillary to getting petroleum (within the meaning of
section 1).”, and
(h)
after subsection (8) insert—
15
“(9)
In this section “gas” means—
(a)
gas within the meaning of section 2(3) of the Energy
Act 2008, or
(b)
carbon dioxide.”
8
In section 28 (interpretation of Part 3), in the definition of “gas”—
20
(a)
in paragraph (a), for “or carbon monoxide” substitute “, carbon
monoxide or a substance designated under paragraph (e) of the
definition of “gas” in section 2(3) of the Energy Act 2008”,
(b)
in paragraph (b) for “gases” substitute “substances”, and
(c)
in paragraph (c) for “gases” substitute “substances”.
25
9
In section 30 (persons who may be required to submit programmes)—
(a)
for subsection (5)(a) substitute—
“(a)
the person has the right—
(i)
to exploit or explore mineral resources in any area,
(ii)
to unload, store or recover gas in any area or to
30
convert any natural feature in any area for the
purpose of storing gas, or
(iii)
to explore any area with a view to, or in connection
with, the exercise of a right within sub-paragraph
(i) or (ii), and”,
35
(b)
in subsection (6), for paragraph (a) substitute—
“(a)
the exploitation or exploration of mineral resources in the
exercise of the right mentioned in subsection (5)(a);
(aa)
the unloading, storage or recovery of gas in the exercise of
that right;
40
(ab)
the conversion, in the exercise of that right, of any natural
feature for the purpose of storing gas;
(ac)
the exploration in exercise of that right with a view to, or in
connection with, the exercise of a right within subsection
(5)(a)(ii);”, and
45
(c)
in paragraph (c) of that subsection, for “or (b)” substitute “to (b)”.
10
In section 44 (offshore installations)—

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Schedule 1 — Amendments relating to Chapters 2 and 3 of Part 1
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(a)
in subsection (3), after paragraph (a) insert—
“(aa)
the exploration of any place in, under or over relevant
waters with a view to the storage of gas in such an place;
(ab)
the conversion of any place in, under or over relevant
waters for the purpose of storing gas;”,
5
(b)
in paragraph (b) of that subsection, for “in or under the shore or bed of”
substitute “in, under or over”,
(c)
after that paragraph insert—
“(ba)
the unloading of gas at any place in, under or over relevant
waters;”,
10
(d)
in paragraph (d) of that subsection, for “paragraph (a), (b) or (c)” substitute
“any of paragraphs (a) to (c)”, and
(e)
in subsection (5), after “section—” insert—
“ “gas” means gas within the meaning of section 2(3) of the
Energy Act 2008;”.
15
11
In section 47A (factors for the Secretary of State to take into account when
performing functions under the Petroleum Act 1998)—
(a)
in subsection (1), after paragraph (a) insert—
“(aa)
activities which are authorised by a licence under
Chapter 2 or 3 of Part 1 of the Energy Act 2008 (gas
20
importation and storage);”,
(b)
in paragraph (b) of that subsection for “such activities” substitute
“activities within paragraph (a) or (aa)”, and
(c)
after subsection (2) insert—
“(2A)
For the purposes of subsection (1)(aa), activities are to be
25
regarded as activities authorised by a licence under Chapter
2 or 3 of Part 1 of the Energy Act 2008 if, by virtue of such a
licence, they are activities which may be carried on only with
the consent of the Secretary of State or another person.”
Energy Act 2004 (c. 20)
30
12
In section 188 of the Energy Act 2004 (power to impose charges to fund energy
functions)—
(a)
in subsection (7), after paragraph (l) insert—
“(m)
Chapter 2 of Part 1 of the Energy Act 2008.”,
(b)
in that subsection, after paragraph (m) (inserted by paragraph (a)) insert—
35
“(n)
Chapter 3 of Part 1 of the Energy Act 2008.”,
(c)
in subsection (8), after paragraph (d) insert—
“(da)
any activity for which a licence under Chapter 2 of Part 1
of the Energy Act 2008 is required;”, and
(d)
in that subsection, after paragraph (da) (inserted by paragraph (c)) insert—
40
“(db)
any activity for which a licence under Chapter 3 of Part 1
of the Energy Act 2008 is required;”.