|
| |
|
(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 |
| |
| |
(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 |
| |
| 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 |
|
| |
|
| |
|
18 (1) | Schedule 3 (frontier areas: production licences with break clause) is |
| |
| |
(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 |
| |
(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 |
| |
| 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 |
| |
| |
(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)”. |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
(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 |
| |
| 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 |
| |
| |
(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”, |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| 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) |
| |
|
| |
|
| |
|
| |
“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 |
| |
| |
(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 |
| |
| |
(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 |
| |
(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)”. |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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.” |
| |
| 20 |
| |
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 |
| |
| 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” |
| |
| |
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,”. |
| |
|
| |
|
| |
|
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”. |
| |
| |
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”. |
| |
| 30 |
| |
| |
| | | | | | Pipe-lines Act 1962 (c. 58) |
| | | | | | (a) | in the definition of “gas processing |
| | | | | operation”, “and” after paragraph (b); |
| | 35 | | | (b) | in the definition of “terminal”, “and” |
| | | | | | | | | | In section 17(9), “with the consent of the |
| | | | | | | |
|
|
| |
|