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Petroleum licences: amendments to model clauses |
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Petroleum (Production) (Landward Areas) Regulations 1995 |
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1 (1) | Schedule 3 to the Petroleum (Production) (Landward Areas) Regulations |
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1995 (S.I. 1995/1436) is amended as follows. |
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(2) | After clause 8 (consequences of determination or surrender) insert— |
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“8A | Provision of contact details to Minister |
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(1) | A notice, direction or other document authorised or required (in |
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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 |
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by the Licensee under paragraph (2) at the address so specified. |
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(2) | The Licensee must supply the Minister with the name and address of |
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a person to whom notices, directions and other documents are to be |
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(3) | The Licensee must ensure that, where there is a change in the person |
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to whom, or the address to which, documents should be sent in |
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accordance with paragraph (2), the Minister is notified of the change |
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as soon as is reasonably practicable. |
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(4) | If the Licensee fails to comply with paragraph (2) the Minister may |
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give the Licensee a notice which— |
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(a) | requires the Licensee to comply with paragraph (2) within |
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the period of one month beginning with the date of the |
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(b) | states that, if the Licensee fails to do so, the Licensee will be |
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treated as having supplied under paragraph (2) the name and |
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address specified by the Minister in the notice.” |
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(3) | In clause 17 (abandonment and plugging of wells)— |
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(a) | in paragraph (2) for “The” substitute “Subject to paragraph (5B), the”, |
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(b) | after paragraph (5) insert— |
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“(5A) | The Minister may at any time give the Licensee a notice |
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requiring a well drilled pursuant to this licence to be plugged |
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and abandoned in accordance with paragraph (5) within the |
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period specified in the notice (but this paragraph is subject to |
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paragraphs (5C) and (5D)). |
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(5B) | The Licensee shall comply with any notice under paragraph |
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(5C) | A notice under paragraph (5A) may not be given less than |
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one month before the expiry or determination of the |
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Licensee’s rights under this licence in relation to the area, or |
| 40 |
the part of the area, in which the well is drilled. |
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(5D) | A notice under paragraph (5A) may be given only in relation |
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to a well from which the Licensee has not extracted any |
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petroleum within the period of one month ending with the |
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day on which the notice is given.”, and |
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(c) | in paragraph (6) after “the Minister” (in the first place) insert “, or in |
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accordance with a notice under paragraph (5A),”. |
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(4) | In clause 38(4) (power of revocation: change of control) after “when this |
| 5 |
licence was granted” insert “(or, if there has been an assignment or |
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assignation of rights conferred by this licence, when those rights were |
| |
assigned to the Licensee)”. |
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(5) | After clause 38 insert— |
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“38A | Power of partial revocation |
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(1) | This clause applies in a case where two or more persons are the |
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(a) | an event mentioned in clause 38(2)(c), (d), (e) or (g) occurs in |
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relation to one of those persons, or |
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(b) | the conditions specified in clause 38(3) are satisfied in |
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relation to one of those persons. |
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(2) | Where this clause applies, the Minister may exercise the power of |
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revocation in clause 38 to revoke the licence in so far as it applies to |
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the person mentioned in paragraph (1)(a) or (b). |
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(3) | If the Minister exercises the power in paragraph (2), the rights |
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granted to the person under this licence cease, but without prejudice |
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to any obligation or liability incurred by the person or imposed |
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under the terms and conditions of this licence. |
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(4) | Where this licence is revoked in relation to one person under this |
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clause, it continues to have effect in respect of the other person who |
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constitutes, or persons who together constitute, the Licensee and in |
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relation to whom it is not revoked.” |
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Petroleum (Current Model Clauses) Order 1999 |
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2 | This Part of this Schedule contains amendments to the Petroleum (Current |
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Model Clauses) Order 1999 (S.I. 1999/160). |
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3 (1) | Part 2 of Schedule 2 (seaward production licences) is amended as follows. |
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(2) | After clause 7 (area surrendered) insert— |
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“7A | Provision of contact details to Minister |
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(1) | A notice, direction or other document authorised or required (in |
| 35 |
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 |
| |
a person to whom notices, directions and other documents are to be |
| 40 |
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(3) | The Licensee must ensure that, where there is a change in the person |
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to whom, or the address to which, information should be sent in |
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accordance with paragraph (2), the Minister is notified of the change |
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as soon as is reasonably practicable. |
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(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 |
| |
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(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 17 (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 shall comply with any notice under paragraph |
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(5C) | A notice under paragraph (5A) may not be given less than |
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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. |
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(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 |
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(c) | in paragraph (6) after “the Minister” (in the first place) insert “, or in |
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accordance with a notice under paragraph (5A),”. |
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(4) | In clause 39(4) (power of revocation: change of control) after “when this |
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licence was granted” insert “(or, if there has been an assignment or |
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assignation of rights conferred by this licence, when those rights were |
| |
assigned to the Licensee)”. |
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(5) | After clause 39 insert— |
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“39A | Power of partial revocation |
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(1) | This clause applies in a case where two or more persons are the |
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(a) | an event mentioned in clause 39(2)(c), (d), (e) or (g) occurs in |
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relation to one of those persons, or |
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(b) | the conditions specified in clause 39(3) are satisfied in |
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relation to one of those persons. |
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(2) | Where this clause applies, the Minister may exercise the power of |
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revocation in clause 39 to revoke the licence in so far as it applies to |
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the person mentioned in paragraph (1)(a) or (b). |
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|
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(3) | If the Minister exercises the power in paragraph (2), the rights |
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granted to the person under this licence cease, but without prejudice |
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to any obligation or liability incurred by the person or imposed |
| |
under the terms and conditions of this licence. |
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(4) | Where this licence is revoked in relation to one person under this |
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clause, it continues to have effect in respect of the other person who |
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constitutes, or persons who together constitute, the Licensee and in |
| |
relation to whom it is not revoked.” |
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4 (1) | Part 2 of Schedule 3 (landward production licences) is amended as follows. |
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(2) | After clause 7 (areas surrendered) insert— |
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“7A | 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 |
| |
by the Licensee under paragraph (2) at the address so specified. |
| 15 |
(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 |
| |
| |
(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 |
| 20 |
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 |
| 25 |
the period of one month beginning with the date of the |
| |
| |
(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.” |
| 30 |
(3) | In clause 17 (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 |
| 35 |
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 shall comply with any notice under paragraph |
| |
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(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 |
| 45 |
to a well from which the Licensee has not extracted any |
| |
| |
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|
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petroleum within the period of one month ending with the |
| |
day on which the notice is given.”, and |
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(c) | in paragraph (6) after “the Minister” (in the first place) insert “, or in |
| |
accordance with a notice under paragraph (5A),”. |
| |
(4) | In clause 37(4) (power of revocation: change of control) after “when this |
| 5 |
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 37 insert— |
| |
“37A | Power of partial revocation |
| 10 |
(1) | This clause applies in a case where two or more persons are the |
| |
| |
(a) | an event mentioned in clause 37(2)(c), (d), (e) or (g) occurs in |
| |
relation to one of those persons, or |
| |
(b) | the conditions specified in clause 37(3) are satisfied in |
| 15 |
relation to one of those persons. |
| |
(2) | Where this clause applies, the Minister may exercise the power of |
| |
revocation in clause 37 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 |
| 20 |
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 |
| |
clause, it continues to have effect in respect of the other person who |
| 25 |
constitutes, or persons who together constitute, the Licensee and in |
| |
relation to whom it is not revoked” |
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5 (1) | Part 2 of Schedule 4 (landward production licences) is amended as follows. |
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(2) | After clause 7 (consequences of determination or surrender by licensee) |
| |
| 30 |
“7A | 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 |
| |
by the Licensee under paragraph (2) at the address so specified. |
| 35 |
(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 |
| |
| |
(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 |
| 40 |
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 |
| |
the period of one month beginning with the date of the |
| |
| |
(b) | states that, if the Licensee fails to do so, the Licensee will be |
| |
treated as having supplied under paragraph (2) the name and |
| 5 |
address specified by the Minister in the notice.” |
| |
(3) | In clause 17 (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 |
| 10 |
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)). |
| |
(5B) | The Licensee shall comply with any notice under paragraph |
| 15 |
| |
(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. |
| 20 |
(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 |
| 25 |
accordance with a notice under paragraph (5A),”. |
| |
(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)”. |
| 30 |
(5) | After clause 38 insert— |
| |
“38A | Power of partial revocation |
| |
(1) | This clause applies in a case where two or more persons are the |
| |
| |
(a) | an event mentioned in clause 38(2)(c), (d), (e) or (g) occurs in |
| 35 |
relation to one of those persons, or |
| |
(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 |
| 40 |
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. |
| 45 |
| |
| |
|
| |
| |
(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.” |
| |
6 (1) | Part 2 of Schedule 5 (seaward production licences) is amended as follows. |
| 5 |
(2) | After clause 7 (areas surrendered) insert— |
| |
“7A | 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 |
| 10 |
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 |
| |
| |
(3) | The Licensee must ensure that, where there is a change in the person |
| 15 |
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— |
| 20 |
(a) | requires the Licensee to comply with paragraph (2) within |
| |
the period of one month beginning with the date of the |
| |
| |
(b) | states that, if the Licensee fails to do so, the Licensee will be |
| |
treated as having supplied under paragraph (2) the name and |
| 25 |
address specified by the Minister in the notice.” |
| |
(3) | In clause 17 (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 |
| 30 |
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)). |
| |
(5B) | The Licensee shall comply with any notice under paragraph |
| 35 |
| |
(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. |
| 40 |
(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 |
| 45 |
accordance with a notice under paragraph (5A)”. |
| |
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