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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)—

 

 

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

81

 

(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.”,

 
 

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

82

 

(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)

 
 

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

83

 

(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;”.

 
 

 
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