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Energy Bill


Energy Bill
Schedule 3 — Petroleum licences: amendments to model clauses
Part 3 — Petroleum Licensing (Exploration and Production) (Seaward and Landward Areas) Regulations 2004

125

 

(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.”

      (3)  

In clause 16 (abandonment and plugging of wells)—

(a)   

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

5

(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

10

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

15

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

20

day on which the notice is given.”, and

(c)   

in paragraph (6) after “Subject to paragraphs” insert “(5A) to (5D),”.

      (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

25

assigned to the Licensee)”.

      (5)  

After clause 38 (power of revocation) insert—

“38A    

Power of partial revocation

(1)   

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

Licensee and—

30

(a)   

an event mentioned in clause 38(2)(c), (d), (e), (ee) or (g)

occurs in 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

35

revocation in clause 38 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

to any obligation or liability incurred by the person or imposed

40

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

relation to whom it is not revoked.”

45

 
 

Energy Bill
Schedule 3 — Petroleum licences: amendments to model clauses
Part 3 — Petroleum Licensing (Exploration and Production) (Seaward and Landward Areas) Regulations 2004

126

 

18    (1)  

Schedule 3 (frontier areas: production licences with break clause) is

amended as follows.

      (2)  

After clause 10 (areas surrendered) insert—

“10A    

Provision of contact details to Minister

(1)   

A notice, direction or other document authorised or required (in

5

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

10

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

accordance with paragraph (2), the Minister is notified of the change

as soon as is reasonably practicable.

15

(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

notice, and

20

(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.”

      (3)  

In clause 17 (abandonment and plugging of wells)—

(a)   

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

25

(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

30

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

35

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

40

day on which the notice is given.”, and

(c)   

in paragraph (6) after “Subject to paragraphs” insert “(5A) to (5D),”.

      (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

45

assigned to the Licensee)”.

 
 

Energy Bill
Schedule 3 — Petroleum licences: amendments to model clauses
Part 3 — Petroleum Licensing (Exploration and Production) (Seaward and Landward Areas) Regulations 2004

127

 

      (5)  

After clause 39 (power of revocation) insert—

“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), (ee) or (g)

5

occurs in relation to one of those persons, or

(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

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.”

19    (1)  

Schedule 4 (production licences for areas other than frontier areas) is

20

amended as follows.

      (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

25

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

given.

30

(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

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

35

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

notice, and

(b)   

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

40

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

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”,

 
 

Energy Bill
Schedule 3 — Petroleum licences: amendments to model clauses
Part 3 — Petroleum Licensing (Exploration and Production) (Seaward and Landward Areas) Regulations 2004

128

 

(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 “Subject to paragraphs” insert “(5A) to (5D),”.

      (4)  

In clause 37(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

20

assigned to the Licensee)”.

      (5)  

After clause 37 (power of revocation) insert—

“37A    

Power of partial revocation

(1)   

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

Licensee and—

25

(a)   

an event mentioned in clause 37(2)(c), (d), (e), (ee) or (g)

occurs in relation to one of those persons, or

(b)   

the conditions specified in clause 37(3) are satisfied in

relation to one of those persons.

(2)   

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

30

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

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

to any obligation or liability incurred by the person or imposed

35

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

relation to whom it is not revoked.”

40

20    (1)  

Schedule 6 (exploration and development licences) is amended as follows.

      (2)  

After clause 8 (consequences of determination or surrender by licensee)

 
 

Energy Bill
Schedule 3 — Petroleum licences: amendments to model clauses
Part 3 — Petroleum Licensing (Exploration and Production) (Seaward and Landward Areas) Regulations 2004

129

 

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 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 “Subject to paragraphs” insert “(5A) to (5D),”.

40

      (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)”.

 
 

Energy Bill
Schedule 4 — Minor and consequential amendments

130

 

      (5)  

After clause 36 (power of revocation) 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), (ee) or

5

(g) occurs in 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.”

Schedule 4

20

Section 91

 

Minor and consequential amendments

Pipe-lines Act 1962 (c. 58)

1          

In section 54 of the Pipe-lines Act 1962 (offences by corporations), in

subsection (1) after “any of the provisions of this Act” insert “(other than

section 10H)”.

25

Electricity Act 1989 (c. 29)

2          

In section 25 of the Electricity Act 1989 (orders for securing compliance), in

subsection (8), in the definition of “relevant requirement” for “sections 32 to

32C” substitute “sections 32 to 32M”.

Petroleum Act 1998 (c. 17)

30

3          

The Petroleum Act 1998 is amended as follows.

4          

In section 5(9) (alteration of licences) for “an instrument under seal”

substitute “deed”.

5          

In section 31(1) (notices: supplementary provision) omit “(d) or”.

6          

In section 45 (interpretation), in the definition of “submarine pipeline” after

35

“which is” insert “, or is intended to be established,”.

 
 

Energy Bill
Schedule 5 — Repeals

131

 

Utilities Act 2000 (c. 27)

7          

The Utilities Act 2000 is amended as follows.

8          

In section 33 (standard conditions of electricity licences), in subsection (1)—

(a)   

after paragraph (b) omit “, or”, and

(b)   

after paragraph (c) insert “, or

5

(d)   

under section 84 of the Energy Act 2008 (power to

amend licence conditions).”

9          

In section 81 (standard conditions of gas licences), in subsection (2) for “or

under the Energy Act 2004” substitute “, under the Energy Act 2004 or under

section 81 of the Energy Act 2008 (power to amend licence conditions)”.

10

10         

In section 105 (general restrictions on disclosure of information), in

subsection (8)(a) after “section” (in the second place) insert “32J or”.

Energy Act 2004 (c. 20)

11         

The Energy Act 2004 is amended as follows.

12         

Omit section 105(9) (power to require provision of information in connection

15

with decommissioning programme).

13         

Omit section 107(5) to (7) (power to require provision of information in

connection with decommissioning programme).

14         

In section 132 (interpretation of Chapter 5 of Part 2), in subsection (4), in the

definition of “fossil fuel” for “section 32” substitute “section 32M”.

20

15         

In section 185 (adjustment of transmission charges), in subsection (14), in the

definition of “renewable sources” for “evidence” to the end substitute

“renewables obligation certificates (within the meaning of section 32B of that

Act) in respect of electricity generated from those sources is capable of

satisfying a renewables obligation imposed by a renewables obligation

25

order (within the meaning of section 32 of that Act);”.

16         

In Schedule 13 (directions given to the Civil Nuclear Police Authority), in

paragraph 2(1)(h) for “officers of the Secretary of State’s department”

substitute “persons authorised by the Secretary of State”.

Schedule 5

30

Section 92

 

Repeals

 

Short title and chapter

Extent of repeal

 
 

Pipe-lines Act 1962 (c. 58)

In section 66(1)—

 
  

(a)   

in the definition of “gas processing

 
  

operation”, “and” after paragraph (b);

 

35

  

(b)   

in the definition of “terminal”, “and”

 
  

after paragraph (b).

 
 

Gas Act 1986 (c. 44)

In section 17(9), “with the consent of the

 
  

Secretary of State”.

 
 
 

 
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