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Energy Bill


Energy Bill
Schedule 3 — Petroleum licences: amendments to model clauses
Part 2 — Petroleum (Current Model Clauses) Order 1999

111

 

      (4)  

In clause 40(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)”.

      (5)  

After clause 40 insert—

5

“40A    

Power of partial revocation

(1)   

This clause applies in a case where two or more persons are the

Licensee and—

(a)   

an event mentioned in clause 40(2)(c), (d), (e) or (g) occurs in

relation to one of those persons, or

10

(b)   

the conditions specified in clause 40(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 40 to revoke the licence in so far as it applies to

the person mentioned in paragraph (1)(a) or (b).

15

(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.

(4)   

Where this licence is revoked in relation to one person under this

20

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.”

7     (1)  

Part 2 of Schedule 6 (seaward production licences) is amended as follows.

      (2)  

After clause 6 (areas surrendered) insert—

25

“6A     

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.

30

(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

given.

(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

35

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

40

the period of one month beginning with the date of the

notice, and

(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.”

45

 
 

Energy Bill
Schedule 3 — Petroleum licences: amendments to model clauses
Part 2 — Petroleum (Current Model Clauses) Order 1999

112

 

      (3)  

In clause 16 (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

5

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

(5A).

10

(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

15

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

accordance with a notice under paragraph (5A),”.

20

      (4)  

In clause 39(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)”.

      (5)  

After clause 39 insert—

25

“39A    

Power of partial revocation

(1)   

This clause applies in a case where two or more persons are the

Licensee and—

(a)   

an event mentioned in clause 39(2)(c), (d), (e) or (g) occurs in

relation to one of those persons, or

30

(b)   

the conditions specified in clause 39(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 39 to revoke the licence in so far as it applies to

the person mentioned in paragraph (1)(a) or (b).

35

(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.

(4)   

Where this licence is revoked in relation to one person under this

40

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.”

8     (1)  

Part 2 of Schedule 8 (landward development licences) is amended as

follows.

45

      (2)  

After clause 6 (consequences of determination or surrender by licensee)

 
 

Energy Bill
Schedule 3 — Petroleum licences: amendments to model clauses
Part 2 — Petroleum (Current Model Clauses) Order 1999

113

 

insert—

“6A     

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

5

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

given.

(3)   

The Licensee must ensure that, where there is a change in the person

10

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—

15

(a)   

requires the Licensee to comply with paragraph (2) within

the period of one month beginning with the date of the

notice, and

(b)   

states that, if the Licensee fails to do so, the Licensee will be

treated as having supplied under paragraph (2) the name and

20

address specified by the Minister in the notice.”

      (3)  

In clause 15 (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

25

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

30

(5A).

(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.

35

(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

40

accordance with a notice under paragraph (5A),”.

      (4)  

In clause 36(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)”.

45

 
 

Energy Bill
Schedule 3 — Petroleum licences: amendments to model clauses
Part 2 — Petroleum (Current Model Clauses) Order 1999

114

 

      (5)  

After clause 36 insert—

“36A    

Power of partial revocation

(1)   

This clause applies in a case where two or more persons are the

Licensee and—

(a)   

an event mentioned in clause 36(2)(c), (d), (e) or (g) occurs in

5

relation to one of those persons, or

(b)   

the conditions specified in clause 36(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 36 to revoke the licence in so far as it applies to

10

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.

15

(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.”

9     (1)  

Part 2 of Schedule 9 (seaward production licences) is amended as follows.

20

      (2)  

After clause 8 (areas surrendered) insert—

“8A     

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

25

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

given.

(3)   

The Licensee must ensure that, where there is a change in the person

30

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—

35

(a)   

requires the Licensee to comply with paragraph (2) within

the period of one month beginning with the date of the

notice, and

(b)   

states that, if the Licensee fails to do so, the Licensee will be

treated as having supplied under paragraph (2) the name and

40

address specified by the Minister in the notice.”

      (3)  

In clause 19 (abandonment and plugging of wells)—

(a)   

in paragraph (2) for “The” substitute “Subject to paragraph (5B), the”,

 
 

Energy Bill
Schedule 3 — Petroleum licences: amendments to model clauses
Part 2 — Petroleum (Current Model Clauses) Order 1999

115

 

(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

and abandoned in accordance with paragraph (5) within the

period specified in the notice (but this paragraph is subject to

5

paragraphs (5C) and (5D)).

(5B)   

The Licensee shall comply with any notice under paragraph

(5A).

(5C)   

A notice under paragraph (5A) may not be given less than

one month before the expiry or determination of the

10

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

to a well from which the Licensee has not extracted any

petroleum within the period of one month ending with the

15

day on which the notice is given.”, and

(c)   

in paragraph (6) after “the Minister” (in the first place) insert “, or in

accordance with a notice under paragraph (5A),”.

      (4)  

In clause 42(4) (power of revocation: change of control) after “when this

licence was granted” insert “(or, if there has been an assignment or

20

assignation of rights conferred by this licence, when those rights were

assigned to the Licensee)”.

      (5)  

After clause 42 insert—

“42A    

Power of partial revocation

(1)   

This clause applies in a case where two or more persons are the

25

Licensee and—

(a)   

an event mentioned in clause 42(2)(c), (d), (e) or (g) occurs in

relation to one of those persons, or

(b)   

the conditions specified in clause 42(3) are satisfied in

relation to one of those persons.

30

(2)   

Where this clause applies, the Minister may exercise the power of

revocation in clause 42 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

granted to the person under this licence cease, but without prejudice

35

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

constitutes, or persons who together constitute, the Licensee and in

40

relation to whom it is not revoked.”

10    (1)  

Part 2 of Schedule 10 (seaward production licences) is amended as follows.

 
 

Energy Bill
Schedule 3 — Petroleum licences: amendments to model clauses
Part 2 — Petroleum (Current Model Clauses) Order 1999

116

 

      (2)  

After clause 8 (areas surrendered) insert—

“8A     

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

5

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

given.

(3)   

The Licensee must ensure that, where there is a change in the person

10

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—

15

(a)   

requires the Licensee to comply with paragraph (2) within

the period of one month beginning with the date of the

notice, and

(b)   

states that, if the Licensee fails to do so, the Licensee will be

treated as having supplied under paragraph (2) the name and

20

address specified by the Minister in the notice.”

      (3)  

In clause 19 (abandonment and plugging of wells)—

(a)   

in paragraph (2), for “The” substitute “Subject to paragraph (5B),

the”,

(b)   

after paragraph (5) insert—

25

“(5A)   

The Minister may at any time give the Licensee a notice

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)).

30

(5B)   

The Licensee shall comply with any notice under paragraph

(5A).

(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

35

the part of the area, in which the well is drilled.

(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

40

(c)   

in paragraph (6) after “the Minister” (in the first place) insert “, or in

accordance with a notice under paragraph (5A),”.

      (4)  

In clause 42(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

45

assigned to the Licensee)”.

 
 

Energy Bill
Schedule 3 — Petroleum licences: amendments to model clauses
Part 2 — Petroleum (Current Model Clauses) Order 1999

117

 

      (5)  

After clause 42 insert—

“42A    

Power of partial revocation

(1)   

This clause applies in a case where two or more persons are the

Licensee and—

(a)   

an event mentioned in clause 42(2)(c), (d), (e) or (g) occurs in

5

relation to one of those persons, or

(b)   

the conditions specified in clause 42(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 42 to revoke the licence in so far as it applies to

10

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.

15

(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.”

11    (1)  

Part 2 of Schedule 11 (seaward exploration licences) is amended as follows.

20

      (2)  

After clause 5 (right of licensee to determine licence) insert—

“5A     

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

25

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

given.

(3)   

The Licensee must ensure that, where there is a change in the person

30

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—

35

(a)   

requires the Licensee to comply with paragraph (2) within

the period of one month beginning with the date of the

notice, and

(b)   

states that, if the Licensee fails to do so, the Licensee will be

treated as having supplied under paragraph (2) the name and

40

address specified by the Minister in the notice.”

      (3)  

In clause 7 (abandonment and plugging of wells)—

(a)   

in paragraph (2) for “(5) and” substitute “(4A) to”, and

 
 

 
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