16 Review of OGA and guidance from Secretary of State 19 Qualifying disputes and relevant parties 20 Reference of disputes to the OGA 21 Action by the OGA on a dispute reference 22 Power of the OGA to consider disputes on its own initiative 23 Procedure for consideration of disputes 24 Power of the OGA to acquire information 25 Power of the OGA to require attendance at meetings 26 Appeals against decisions of the disputes 27 Petroleum-related information and samples 28 Retention of information and samples 30 Information and samples termination of rights under offshore licences 31 Preparation and agreement of information and samples plans 32 Changes to information and samples plans 33 Information and samples supplementary Power to require information and samples 34 Power of the OGA to require information and samples 35 Information and samples coordinators

36 Appeals against decisions of the information and samples plans 38 Duty to inform the OGA of meetings 39 Participation by the OGA in meetings 40 Provision of information to the OGA after meetings Power to give sanction notices 42 Power of OGA to give sanction notices 45 Amount of financial penalty 46 Payment of financial penalty 49 Duty of OGA to give sanction warning notices 50 Appeals in relation to sanction notices 51 Appeals against finding of failure to comply 52 Appeals against sanction imposed 53 Publication of details of sanctions 54 Subsequent sanction notices 55 Withdrawal of sanction notices 56 Alternative means of enforcement 57 information powers 58 Appeals against information requests

59 Procedure for enforcement decisions 62 Meaning of “protected material” and related terms 63 Disclosure by OGA to certain persons 64 Disclosure required for returns and reports prepared by OGA 65 Disclosure in exercise of certain OGA powers 66 Disclosure after specified period 67 Disclosure with appropriate consent 68 Disclosure required by legislation 69 Disclosure for purpose of proceedings Rights to use upstream petroleum infrastructure 70 Requirements to provide information 71 Applications to use infrastructu changes of applicant and owner 72 Abandonment of offshore installations 73 Duty to act in accordance with decommissioning and alternatives 74 Part 1A of the Petroleum Act 1998: Northern Ireland 75 International oil and gas information exchange

Consent under Electricity Act 1989 78 Onshore wind generating stations in England and Wales 79 Onshore wind closure of renewables obligation 80 Onshore wind circumstances in which certificates may be issued after 81 Onshore wind use of Northern Ireland certificates 83 Regulations and disapplication of requirements to consult the OGA Schedule 1 — Transfer of functions to the OGA Part 2 — Secondary legislation Schedule 2 — Abandonment of offshore installations

An Act to make provision about the O il and Gas Authority and its functions; to make provision about rights to us e upstream petroleu m infrastructure; to make provision about the abandonment of offshore installations, submarine pipelines and upstream petroleum infras tructure; to extend Part 1A of the Petroleum Act 1998 to Northern Irelan d; to make provision about the disclosure of information for the purp oses of international agreements; to make provision about fees in respect of activities relating to oil, gas, carbon dioxide and pipelines; to make pr ovision about wind power; and for connected purposes. [12th May 2016] E IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Te mporal, and Commons, in this present Parliament assembled, and by the authority of the same, as The OGA and its core functions (1) The company originally incorporated under the Companies Act 2006 as the Oil and Gas Authority Limited is renamed as the Oil and Gas Authority. (2) In relation to an y of its functions— (a) the Oil and Gas Authority is not to be regarded as acting on behalf of (b) its members, officers and staff are not to be regarded as Crown

(3) The Oil and Gas Authority is exempt from the requirements of the Companies Act 2006 relating to the use of “limited” as part of its name. (4) In this Act “the OGA” me ans the Oil and Gas Authority. 2 Transfer of functions to the OGA (1) Schedule 1 transfers certain functions of the Secretary of State to the OGA. (2) The Secretary of State may by regulations provide— (a) for the transfer to the OGA of an y relevant functions exercisable by a (b) for any such functions that are to be transferred to the Scottish Ministers or the Welsh Ministers to be exercisable by the OGA until the transfer to those Ministers takes effect. (3) The Secretary of State may by regulati ons make such provision as the Secretary of State considers appropriate in consequence of, or in connection with, any (b) regulations under subsection (2). (4) The provision that may be made un der subsection (3) includes provision— (a) amending, repealing or revoking any enactment, (b) amending any relevant authoris ation (including any model clause incorporated, or having effect as if incorporated, in it) granted or given before the date when the regulations take effect, (c) for anything done by or in rela tion to a Minister of the Crown in connection with any functions transf erred to be treated as done, or to be continued, by or in relation to the OGA, and (d) about the continuation of legal proceedings.
(5) Regulations under this section may no t provide for the transfer to, or exercise by, the OGA of any power to legislate by means of orders, rules, regulations or (6) In this section and section 3— “enactment” includes an enactment comprised in subordinate legislation, within the meaning of the Interpretation Act 1978; “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975, and includes such Ministers acting jointly; “relevant authorisation” means— (a) a licence, authorisation or notice granted or given by a Minister of the Crown in the exercise of a relevant function, or (b) a licence granted under sectio n 2 of the Petroleum (Production) Act 1934 (searching for and getting petroleum); “relevant function” means a function conferred by or under— (a) Schedule 1 to the Oi l Taxation Act 1975, (b) the Petroleum Act 1998 (except Part 4), (c) Chapter 2 or 3 of Part 1 of the Energy Act 2008, (d) Part 8 of the Corporation Tax Act 2010, (e) Chapter 3 of Part 2 of the Energy Act 2011, (f) the Hydrocarbons Licensing Di rective Regulations 1995 (S.I. (g) any regulations amended or modified by the Energy Act 2008 (Consequential Modification s) (Offshore Environmental Protection) Order 2010 (S.I. 2010/1513), (h) the Storage of Carbon Dioxide (Licensing etc) Regulations 2010 (i) the Storage of Carbon Diox ide (Termination of Licences) Regulations 2011 (S.I. 2011/1483), (j) the Storage of Carbon Diox ide (Access to Infrastructure) Regulations 2011 (S.I. 2011/2305), or (k) any other enactment that relates to matters similar to those to which an enactment mentioned in any of the preceding 3 Transfer of property, rights and liabilities to the OGA (1) The Secretary of State may make one or more transfer schemes transferring qualifying property, rights and liabilit ies of a Minister of the Crown to the (2) A scheme made under this section may, in particular, make provision— (a) for anything done by or in rela tion to a Minister of the Crown in connection with any property, rights or liabilities transferred by the scheme to be treated as done, or to be continued, by or in relation to the (b) for references to a Minister of the Crown in any agreement (whether written or not), instrument or othe r document relating to property, rights or liabilities transferred by the scheme to be treated as references (c) about the continuation of legal proceedings; (d) for transferring property, rights or liabilities which could not otherwise (e) for transferring property, rights or liabilities irrespective of any requirement for consent which would otherwise apply; (f) for preventing a right of pre-em ption, right of reverter, right of forfeiture, right to compensation or other similar right from arising or becoming exercisable as a result of the transfer of property, rights or (g) for dispensing with any formality in relation to the transfer of property, rights or liabilities by the scheme; (h) for transferring property acquired, or rights or liabilities arising, after the scheme is made but before it takes effect; (i) for apportioning proper ty, rights or liabilities; (j) for creating rights, or imposing lia bilities, in connection with property, rights or liabilities transferred by the scheme; (k) for requiring the OGA to enter into any agreement of any kind, or for a purpose, specified in or determined in accordance with the scheme. (3) Subsection (2)(b) does not apply to re ferences in an enactment or a relevant “property” includes interests of any description, and

“qualifying property, rights and liabilities” means property held, and rights and liabilities arising, in connection with functions which were functions of a Minister of the Crown and as a result of this Act have or are to become functions of the OGA, but does not include rights and liabilities relating to an individual’s employment in the civil service of 4 Transfer of staff to the OGA (1) The Secretary of State may make one or more transfer schemes under which persons who hold employment in the civil service of the State become employees of the OGA (but this is subj ect to any provision contained in the scheme that allows a person to object to becoming an employee of the OGA). (2) A scheme made under this section— (a) may make provision for giving full e ffect for a person’s transfer into the employment of the OGA as a result of the scheme, and (b) may (in particular) include provision that is the same as, or similar to, the provision made by the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) (whether or not those regulations would otherwise apply in relation to the transfer). 5 Transfer supplementary (1) A scheme made under section 3 or 4 may— (a) contain incidental, supplementa ry and consequential provision; (b) make transitory or transiti onal provision or savings; (c) make different provision for different purposes; (d) make provision subject to exceptions. (2) Subject to subsection (3), the Secretary of State may modify a scheme made (3) If a transfer under th e scheme has taken effect , any modification under subsection (2) that relates to the transfer may be made only with the agreement of the person (or persons) affected by the modification. (4) A modification takes e ffect from such date as the Secretary of State may specify; and that date ma y be t he date whe n t he original s ch eme ca me in to (1) The persons to whom section 1 of th e Superannuation Act 1972 (persons to or in respect of whom benefits may be provided by schemes under that section) applies are to include the employees of the OGA.
(2) Accordingly, in Schedule 1 to that Act (employment to which superannuation schemes may extend), in the list of other bodies, at the appropriate place (3) The employees of the OGA are to be treated for the purposes of paragraph (1)(b) of regulation 3 of the Public Service (Civil Servants and Others) Pensions Regulations 2014 (S.I. 2014/1964) as persons—

(a) to whom the scheme established un der that regulation may potentially relate by virtue of paragraph (2) of that regulation, and (b) in respect of whom the Minister for the Civil Service has made a determination under section 25(5) of the Public Service Pensions Act (4) The OGA must pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as the Minister may determine in respect of any increase attributable to this section in the sums payable out of money provided by Parliament under the Superannuati on Act 1972 and the Public Service 7 Contracting out of fu nctions to the OGA (1) Subsection (2) applies if, under section 69 of the Deregulation and Contracting Out Act 1994, the OGA is, or employees of the OGA are, authorised to exercise a function to which that section applies. (2) Subsection (5)(a) of that section applies in relation to the authorisation as if the words “, not exceeding 10 years,” were omitted. (3) The Welsh Ministers may enter into an agreement with the OGA authorising the OGA to exercise any functions of the Welsh Ministers. (4) The reference in subsec tion (3) to functions does not include functions of making, confirming or approving subo rdinate legislation contained in a (5) An agreement under subsection (3) does not affect the responsibility of the (6) An agreement under subsec tion (3) does not prevent the Welsh Ministers from exercising a function to which the agreement relates. (7) The Welsh Ministers must arrange for a copy of any agreement under subsection (3) to be published in such manner as the Welsh Ministers consider appropriate for bringing it to the attention of the persons who, in the Welsh Ministers’ opinion, are likely to be affected by it. 8 Matters to which the OGA must have regard (1) The matters to which the OGA must have regard when exercising its functions include the following, so far as relevant— Minimising future public expenditure The need to minimise public expenditure relating to, or arising from, relevant The need for the United Kingdom to have a secure supply of energy. The development and use of facilities for the storage of carbon dioxide, and of anything else (including, in particular , pipelines) needed in connection with the development and use of such faci lities, and how that may assist the Secretary of State to meet the target in section 1 of the Climate Change Act 2008. The need for the OGA to work collabor atively with the government of the United Kingdom and with persons who carry on, or wish to carry on, relevant The need to encourage innovation in technology and working practices in relation to relevant activities. The need to maintain a stable and pr edictable system of regulation which encourages investment in relevant activities. (2) In this section and section 9— “function” means any function of the OGA, including any function under Chapter 3 of Part 1 of the Energy Act 2008 (storage of carbon dioxide), other than a function which the OGA is authorised to exercise by virtue (a) an order under section 69 of the Deregulation and Contracting (b) an agreement under section 7(3); “relevant activity” means any activity in relation to which the OGA has 9 national secu rity and public interest (1) The Secretary of State may give directions to the OGA as to the exercise by it of any of its functions if the Secretary of State considers that the directions— (a) are necessary in the interests of national security, or (b) are otherwise in the public interest. (2) Directions may be given un der subsection (1)(b) in relation to the exercise of a regulatory function in a particular case only if the Secretary of State considers that the circumstances are exceptional. (3) Directions given under this section may be varied or revoked by further directions given under this section. (4) The Secretary of State must lay befo re Parliament a copy of any directions (5) The Secretary of State may exclude from any directions laid before Parliament under subsection (4) any material the publication of which the Secretary of (a) be contrary to the interests of national security, or (b) otherwise not be in the public interest. (6) If the Secretary of State considers that publication of the directions (whether with or without the exclusion of mate rial under subsection (5)) would fall within paragraph (a) or (b ) of that subsection, th e Secretary of State may, instead of laying the directions, lay before Parliament a memorandum (a) that the directions have been given, and (b) the date on which they were given. (7) The OGA must notify the Secretary of State of any cases, matters or circumstances which have arisen, or which the OGA considers are likely to

arise, in respect of which the OGA considers that the power to give directions under this section should be exercised by the Secretary of State. (8) In this section “regulatory function” means— (a) a function of granting or revoking a licence or other authorisation in relation to any relevant activity; (b) a function of imposing conditions or requirements in relation to any (c) a function that relates to securing, monitoring or investigating compliance with conditions or requirements in relation to any relevant 10 requirements to notify Secretary of State (1) The Secretary of State ma y give directions to the OGA specifying cases, matters or circumstances of which the OGA must notify the Secretary of State— (b) if the OGA considers that they are likely to arise.
(2) Directions given under this section may be varied or revoked by further directions given under this section. 11 Power of Secretary of State to require information and samples (1) The Secretary of State may require th e OGA to provide the Secretary of State with such information or samples held by or on behalf of the OGA as the Secretary of State may require for the purpose of— (a) carrying out any function conferred by or under any Act, (b) monitoring the OGA’s perfor mance of its functions, or (c) any Parliamentary proceedings. (a) references to “protected material” are references to information or samples acquired by the Secretary of State under subsection (1), and (b) references to disclosing protec ted material include references to making the protected material ava ilable to other persons (in a case where the protected material includes samples). (3) The Secretary of State may use protec ted material only for the purpose for (4) Protected material must not be disclosed— (a) by the Secretary of State, or except in accordance with this section. (5) For the purposes of subsection (4)(b ), “subsequent holder”, in relation to protected material, means a person who receives protected material directly or indirectly from the Secretary of State by virtue of a disclosure, or disclosures, in accordance with this section. (6) Subsection (4) does no t prohibit the Secretary of State from disclosing protected material so far as necessa ry for the purpose for which it was (7) Subsection (4) does not prohibit a disclosure of protected material if— (a) the disclosure is required by vi rtue of an obligation imposed by or (b) the OGA consents to the disclosure and, in a case where the protected material in question was provided to the OGA by or on behalf of another person, confirms that that person also consents to the 12 Powers of the OGA to charge fees (a) for making a determination under Schedule 1 to the Oil Taxation Act (b) on an application made to it under section 12A of the Energy Act 1976; (c) on an application made to it under section 3, 15, 16 or 17 of the (d) on an application of a prescribed description made to it by the holder (i) section 3 of that Act (searc hing for, boring and getting (ii) section 2 of the Petroleum (Production) Act 1934 (licences to search for and get petroleum); (e) on an application of a prescribed description made to it by the holder of an authorisation issued under section 15 of the Petroleum Act 1998; (f) for carrying out or attending any te st, examination or inspection of a (g) on an application made to it unde r section 4 or 18 of the Energy Act (h) on an application of a prescribed description made to it by the holder of a licence granted under section 4 or 18 of that Act; (i) for the storage by it of samples or information in accordance with an information and samples plan (see section 33(4) of this Act). (a) are to be determined by or in accordance with regulations made by the (b) are to be payable by such persons as the regulations may provide. (3) The OGA must pay into the Consolidated Fund any amount which it receives in respect of fees charged by it under this section. (4) Subsection (3) does not apply where the Secretary of State, with the consent of the Treasury, otherwise directs. (5) Where in relation to any matter the OGA has a function mentioned in subsection (6), that function is treated for the purposes of this section as carried out pursuant to an application made to the OGA (whether or not there is any requirement to make such an application). (a) extending the term of a licence; (b) giving its consent or approval in relation to any matter; (c) objecting in relation to any matter. (7) The OGA may not charge fees under this section for the exercise of any function which it is authorised to exercise by virtue of— (a) an order under section 69 of the Deregulation and Contracting Out Act (b) an agreement under section 7(3). (8) The Secretary of State must consult the OGA before making regulations under (9) In this section “prescribed” means pr escribed by regulations made by the (1) The Secretary of State may, by regulati ons, provide for a levy to be imposed on, and be payable by, one or more of the following kinds of persons— (a) persons who hold licences (other than excluded licences) granted under section 3 of the Petroleum Act 1998 (searching for, boring and (b) persons who hold licences (other than excluded licences) granted under section 2 of the Petroleum (P roduction) Act 1934 (licences to search for and get petroleum); (c) persons who hold licences grante d under section 4 of the Energy Act 2008 (unloading and storing gas); (d) persons who hold licences grante d under section 18 of the Energy Act 2008 by the Secretary of State or the OGA (storage of carbon dioxide).
(2) The Secretary of State must exercise the power conferred by subsection (1) so (a) that the total amount of licensing levy which is payable in respect of a charging period does not exceed the sum of— (i) the costs incurred by the OG A in exercising its functions in ( i i ) t h e c o s t s i n c u r r e d i n r e s p e c t o f t h a t p e r i o d b y t h e L o r d Chancellor in connection with the provision of Tribunals to consider appeals against decisions of the OGA, and (b) that no levy is payable in respec t of costs incurred in the exercise of (i) for which fees are ch arged under section 12, or (ii) which the OGA is authorised to exercise by virtue of an order under section 69 of the Deregula tion and Contracting Out Act 1994 or an agreement under section 7(3) of this Act. (3) In determining for the purposes of subsection (2)(a) the total amount of licensing levy payable in respect of a charging period, an amount of levy payable in respect of that period may be ignored if (during that period or (a) having been paid, it is repaid or credit for it is given against other licensing levy that is payable, or

(b) having not been paid, the requ irement to pay it is cancelled. (4) The amount or amounts of licensing levy payable by licence holders must be— (a) set out in the regulations, or (b) calculated in accordance with a method set out in the regulations. (5) The licensing levy is payable to the OGA. (6) The OGA must pay into the Consolidated Fund any amount which it receives in respect of the licensing levy. (7) Subsection (6) does not apply where the Secretary of State, with the consent of the Treasury, otherwise directs. (8) The Secretary of State must consult the OGA before making regulations under (9) Section 14 does not limit the provisio n that may be made by regulations under (10) In this section and section 14— “charging period” means a period in respect of which licensing levy is “excluded licence”, in relation to a charging period, means a licence that, if granted at the beginning of the period, would fall to be granted by the Scottish Ministers or the Welsh Mi nisters (and for these purposes a licence within subsection (1)(b) is to be treated as granted under section “licensing levy” means the levy prov ided for in regu lations under this 14 The licensing regulations (1) Regulations may provide for the licensing levy payable in respect of a charging period to increase or decrease over that period. (2) Regulations may provide for an amount of licensing levy payable by a licence holder to be calculated by reference to the size of an area to which a licence held (3) Regulations may provide for different categories of licence holders to pay— (a) different amounts of licensing levy, or (b) amounts of licensing levy calcul ated, set or determined in different (4) Regulations may provide for a category of licence holder to be exempt from payment of the licensing levy. (5) Regulations may provide for interest (at a rate specified in, or determined under, the regulations) to be charged in respect of unpaid amounts of licensing (6) Regulations may provide for unpaid am ounts of licensing levy (together with any interest charged) to be recoverable as a civil debt. (7) Regulations may confer a function (inc luding a function involving the exercise

(c) any other person, apart from th e Scottish Ministers or the Welsh (8) Regulations (including regulations of the kinds mentioned in subsections (3) and (4)) may provide for a category of licence holder to consist of persons who hold a kind of licence that is specified in the regulations. (9) The regulations may (in particular) specify any of the following kinds of (a) licences granted under a particular enactment; (b) licences of a particular desc ription granted under a particular (c) licences, or licences of a particular description (including a description falling within paragraph (a) or (b)), granted— (ii) after a particular time, or (iii) during a particular period. “licence” means a licence falling within section 13(1); “licence holder” means a person who holds a licence (whether the person was granted it or has, after its grant, acquired it by assignment or other “regulations” means regulations under section 13. 15 Payments and financial assistance (1) The Secretary of State may make paym ents or provide financial assistance to (2) The payments or financial assistance may be made or provided subject to such conditions as may be determined by the Secretary of State. (3) In the case of a grant su ch conditions may, in pa rticular, include conditions requiring repayment in specified circumstances. (4) In this section “financial assistance” means grants, loans, guarantees or indemnities, or any other kind of financial assistance. 16 Review of OGA and guidance from Secretary of State (1) The Secretary of State must review the OGA’s performance for each review (a) begins with the day on which section 1 comes into force, and (b) ends at the end of the period of th ree years beginning with that day, or on such earlier day as the Secretary of State may determine. (3) Subsequent review periods— (a) begin with the day (“th e first day”) after the last day of the preceding

(b) end at the end of the period of th ree years beginning with the first day, or on such earlier day as the Secretary of State may determine.
(4) A review must, in particular— (a) assess how effective the OGA has been in exercising its functions, and (b) consider the OGA’ s functions under— (ii) Chapter 3 of Part 1 of the Energy Act 2008 (storage of carbon with regard to their fitness for purpose and scope. (5) As soon as practicable after a review period, the Secretary of State must— (a) publish a report of the findings of the review for that period, and (b) lay a copy of the report before Parliament. (6) As a result of the findin gs of a review, the Secretary of State may give guidance to the OGA about any matter relating to the OGA’s functions. (7) The OGA must take account of any such guidance in carrying out its functions. (8) For the purposes of this section “funct ion” does not include any function which the OGA is authorised to exercise by virtue of— (a) an order under section 69 of the Deregulation and Contracting Out Act (b) an agreement under section 7(3). (1) This Part contains provision about functions of the OGA relating to offshore (2) Chapter 2 makes provision for the OGA to consider disputes and make recommendations for resolving them. (3) Chapter 3 makes provision about— (a) the retention of information and samples by relevant persons, (b) the preparation of plans for dea ling with information and samples held by an offshore licensee when rights under a licence are terminated, and (c) powers of the OGA to requ ire information and samples. (4) Chapter 4 makes provision— (a) for the OGA to be informed of meetings, (b) for persons authorised by the OG A to be entitled to participate in (c) for the OGA to be provided with information relating to meetings in which such persons do not participate. Part 2 — Further functions of the O GA relating to offshore petroleum (5) Chapter 5 makes provision about sanctions which may be imposed on persons for failures to comply with requirements. (6) Chapter 6 makes provision about the disclosure of information and samples which have been obtained by the OGA under this Part. “items subject to legal privilege”— (a) in England and Wales, has the same meaning as in the Police and Criminal Evidence Act 1984 (see section 10 of that Act); (b) in Scotland, has the meaning given by section 412 of the (c) in Northern Ireland, has the sa me meaning as in the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/ “licensee” means a person holding a petroleum licence; “offshore licence” means a petroleum licence which confers on the holder of that licence rights in respect of offshore waters; “offshore licensee” means a person holding an offshore licence; (a) the waters comprising the terri torial sea of the United Kingdom, (b) the sea in any area for the ti me being designated under section 1(7) of the Continental Shelf Act 1964; “petroleum licence” means a licence granted under— (a) section 3 of the Petroleum Act 1998 (searching for, boring for (b) section 2 of the Petroleum (Production) Act 1934 (licences to search for and get petroleum); “the principal objective” means the objective set out in section 9A(1) of the “relevant person” means a person listed in section 9A(1)(b) of the “statutory function” means a function conferred or imposed by or under “Tribunal” means the First-tier tribunal. (2) In this Part a refe rence to a term or condition of a petroleum licence includes a reference to a condition imposed under a petroleum licence. 19 Qualifying disputes and relevant parties (1) For the purposes of this Chapter, a dispute is a qualifying dispute if— (a) the dispute relates to qualifying issues, and (b) the parties to the dispute incl ude at least one relevant party. Part 2 — Further functions of the OGA relating to offshore petroleum (2) In this Chapter, “qualifyin g issues” means issues which— (a) are relevant to the fulfilment of the principal objective, or (b) relate to activities carried out under an offshore licence, and are not the subject of a section 82 application. (3) If a dispute relates in part to qualifying issues and in part to other issues, the dispute is a qualifying dispute only to the extent that it relates to the qualifying (4) For the purposes of subsection (2), an issue is the subject of a section 82 (a) an application has been made under section 82(4) of the Energy Act 2011 (acquisition of rights to use upstream petroleum infrastructure) in connection with the issue, and (b) the OGA has made a decision unde r section 82(6)(a)(iii) of that Act to consider the application further. (5) In this Chapter “relevant party” to a dispute means a party to the dispute who 20 Reference of disputes to the OGA (1) A relevant party to a qualifying dispute may refer it to the OGA. (2) A reference under this section is to be made in such manner as the OGA may (3) Requirements under subsection (2) as to the manner in which a reference is to (a) may make different prov ision for different cases; (b) are to be imposed, withdrawn or modified by notice published in such manner as the OGA considers appropriate for bringing the requirement, withdrawal or modification to the attention of the persons who, in the OGA’s opinion, are likely to be affected by it. 21 Action by the OGA on a dispute reference (1) On a reference of a dispute made under section 20, the OGA must decide whether the reference is to be— (b) adjourned to enable further nego tiation between the parties to the (c) accepted (see section 23). (2) The OGA must issue guidance about th e matters to which it will have regard when making a decision under subsection (1).
(3) As soon as reasonably practicable after the OGA has made a decision under subsection (1), it must give notice in writing stating— (b) the reasons for the decision, and to each relevant party to the dispute, and to any other parties to the dispute who have contributed (whether by providing information or attending meetings) to the OGA’s decision-making process. Part 2 — Further functions of the O GA relating to offshore petroleum (4) The grounds on which the OGA may reject a reference include, but are not (a) the dispute is not a qualifying dispute; (b) the party that referred the dispute is not a relevant party; (c) the reference is fr ivolous or vexatious; (d) there are more appropriate means available for resolving the dispute; (e) the dispute is not sufficiently material to the fulfilment of the principal objective to warrant, in the circum stances, its consideration by the (f) the OGA considers it unlikely that, in the circumstances, it would be able to make a satisfactory recommendation in respect of the dispute. (5) Where the OGA adjourns a reference of a dispute— (a) it must set a timetable in accordance with which relevant parties to the dispute are to conduct further negotiations and revert to the OGA, (b) it may give directions with which relevant parties to the dispute are to comply during the adjournment, and (c) it must, when the relevant part ies revert to it following the adjournment, make a further decision under subsection (1) in respect of (6) Requirements imposed by th e OGA on relevant parties— (a) under subsection (5)(a), or (b) by directions under subsection (5)(b), are sanctionable in accordance with Chapter 5. 22 Power of the OGA to consider disputes on its own initiative (1) The OGA may decide, on its own initia tive, to consider a qualifying dispute (2) If the OGA decides to consider a qualif ying dispute under this section, it must notify all parties to the dispute. 23 Procedure for consideration of disputes (1) This section applies where the OGA— (a) accepts a reference of a di spute under section 21(1), or (b) decides to consider a dispute under section 22(1). (b) make a recommendation for resolving it. (a) must draw up a timetable for performing its duties under subsection (b) may give directions with which th e relevant parties to the dispute are to comply in order to enable the OGA to carry out those duties. (4) The OGA’s recommendation must be on e which it considers will enable the dispute to be resolved in a way which best contributes to the fulfilment of the principal objective whilst having regard to the need to achieve an economically viable position for the parties to the dispute. Part 2 — Further functions of the OGA relating to offshore petroleum (5) The procedure for considering the di spute and making a recommendation is the procedure that the OGA considers most appropriate. (6) Where the OGA makes a recommendation under this section, the OGA may (a) the recommendation or any part of it; (b) a summary of the recommenda tion or of any part of it. (7) Before publishing anything under subsection (6), the OGA must give an opportunity to be heard to each relevant party to the dispute. (8) The OGA must issue guidance about th e matters to which it will have regard when performing its duties under this section. (9) Requirements imposed by directions under subsection (3)(b) are sanctionable 24 Power of the OGA to acquire information (1) The OGA may require a relevant party to a dispute to provide it with such information as may be required by the OGA for the purposes of— (a) deciding whether to reject, adjourn or accept a reference of the dispute (b) setting a timetable in respect of an adjournment of a reference of the (c) assessing progress of further negoti ations during such an adjournment, (d) making a decision under section 22 (1) to consider the dispute on its (e) considering the dispute and making a recommendation under section (2) A person required to provide inform ation under subsection (1) must provide it in such manner and within such reasonable period as may be specified by the OGA in the request for information. (3) Information requested under subsection (1) may not include items subject to (4) Requirements imposed under this section are sanctionable in accordance with 25 Power of the OGA to requi re attendance at meetings (1) The OGA may require a rele vant party to a dispute to send an individual to act as its representative at a meeting with the OGA for the purpose of participating (a) whether a reference of the dispute is to be rejected, adjourned or (b) whether the OGA is to make a deci sion to consider the dispute under (c) the consideration of the dispute and the making of a recommendation

Part 2 — Further functions of the O GA relating to offshore petroleum (2) The OGA may require that the individual sent to attend the meeting has the necessary knowledge and expertise for the purpose of participating in the (3) The OGA must give reasonable notice of any meeting at which attendance is (4) Requirements imposed by the OGA on re levant parties under this section are sanctionable in accordance with Chapter 5. 26 Appeals against decisions of the disputes (1) This section applies to any decision of the OGA to which effect is given by one (2) A person affected by any such decision may appeal against it to the Tribunal— (a) on the grounds that the decision wa s not within the powers of the OGA, (b) on the grounds set out in the corr esponding entry in column 2 of the (3) On an appeal under this section the Tribunal may— (1) Action by the OGA (2) Grounds for appeal The setting of a timetable under The timetable is unreasonable.
The giving of directions under directions taken together, are The giving of directions under directions taken together, are The imposition of a requirement (b) the period specified under The imposition of a requirement

Part 2 — Further functions of the OGA relating to offshore petroleum (a) affirm, vary or quash the decision under appeal, (b) remit the decision under appeal to the OGA for reconsideration with such directions (if any) as the Tribunal considers appropriate, or (c) substitute its own decision for the decision under appeal. 27 Petroleum-related information and samples “petroleum-related information” means— (a) in relation to any relevant person, information acquired or created by or on behalf of the pe rson in the course of carrying out activities which are relevant to th e fulfilment of the (b) in relation to a relevant person who is an offshore licensee, information acquired or created by or on behalf of the person in the course of carrying out activities under the licensee’s licence, which is not information falling within paragraph (a); “petroleum-related samples” means samples of substances acquired by or on behalf of an offshore licensee in the course of carrying out activities (2) In this Chapter, “petroleum-related information” and “petroleum-related samples” include information or samples acquired or created as mentioned in subsection (1) which are relevant to activities carried out under a carbon (3) In subsection (2) “car bon dioxide storage licence” means a licence granted under section 18 of the Energy Act 2008. 28 Retention of information and samples (1) Regulations made by the Secretary of State may require— (a) specified relevant persons to retain specified petroleum-related (b) specified offshore licensees to retain specified petroleum-related (2) Regulations under this sect ion may include provision about— (a) the form or manner in which inform ation or samples are to be retained; (b) the period for which informatio n or samples are to be retained; (c) the event that triggers th e commencement of that period. (3) In this section, “specified” means spec ified, or of a description specified, in regulations under this section. Part 2 — Further functions of the O GA relating to offshore petroleum Chapter 3 — Information and samples (4) Requirements imposed by regulations under this section are sanctionable in (5) Before making regulations under this section the Secretary of State must (1) Subsection (2) applies in relation to regulations under section 28 imposing requirements on an offshore licensee to retain information or samples. (2) The regulations may prov ide for those requirements to continue following a termination of rights under the licen see’s licence (whether by transfer, surrender, expiry or revocation and whether in relation to all or only part of the (3) Regulations under section 28 may not impose requirements which have effect in relation to particular petroleu m-related information or particular petroleum-related samples at any time when an information and samples plan dealing with the information or samples has effect (see sections 30 to 33). 30 Information and samples termin ation of rights under offshore licences (1) This section and sections 31 to 33 make provision in relation to the preparation of information and samples plans in connection with licence events. (2) The following definitions apply for th e purposes of this section and those (a) a transfer of rights un der an offshore licence, whether in relation to all or part of the area in respect of which the licence was granted, (b) a surrender of rights under an offsho re licence in relation to all of the area in respect of which the licence was granted, or in relation to so much of that area in respect of which the licence continues to have (c) the expiry of an offshore licence, or (d) the revocation of an offshore licence by the OGA. (4) “Relevant licence”, in relation to a lic ence event, means the licence in respect of which the licence event occurs. (5) “Responsible person” in relation to a licence event, means the person who is or was, or the persons who are or were, the licensee in respect of the relevant licence immediately before the licence event. (6) “Information and samples plan”, in relation to a licence event, means a plan dealing with what is to happen, following the event, to— (a) petroleum-related information held by the responsible person before (b) petroleum-related samples held by that person before the event. Part 2 — Further functions of the OGA relating to offshore petroleum Chapter 3 — Information and samples 31 Preparation and agreement of information and samples plans (1) The responsible person must prepare an information and samples plan in connection with a licence event. (2) The responsible person must agree the information and samples plan with the (a) in the case of a licence event ment ioned in section 30(3)(a), (b) or (c) (transfer, surrender or expiry), before the licence event takes place, or (b) in the case of a licence event ment ioned in section 30(3)(d) (revocation), within a reasonable period after the revocation of the relevant licence. (3) An information and samples plan has e ffect once it is agreed with the OGA. (4) If an information and samples plan is not agreed with the OGA as mentioned in subsection (2)(a) or (b), the OGA— (a) may itself prepare an information and samples plan in connection with (b) may require the responsible person to provide it with such information as the OGA may require to enable it to do so. (5) The OGA must inform the responsible person of the terms of any information and samples plan it prepares in connection with a licence event. (a) prepares an information and sample s plan in connection with a licence (b) informs the responsible person of the terms of the plan, the plan has effect as if it had been prepared by the responsible person and (7) Where an information and samples plan has effect in connection with a licence event, the responsible person must comply with the plan. (8) The requirements impose d by subsections (2) and (7), or unde r subsection (4)(b), are sanctionable in accordance with Chapter 5. 32 Changes to information and samples plans (1) Where an information and samples plan has effect in relation to a licence event, the OGA and the responsible person may agree changes to the plan. (2) Once changes are agreed, the plan has effect subject to those changes.
(a) two or more persons are the respon sible person in relation to a licence (b) those persons include a company that has, since the licence event, been the reference to the responsible person in subsection (1) does not include that 33 Information and samples supplementary (1) An information and samples plan, in re lation to a licence event, may provide

Part 2 — Further functions of the O GA relating to offshore petroleum Chapter 3 — Information and samples (a) the retention, by the responsibl e person, of any petroleum-related information or petroleum-related samples held by or on behalf of that person before the licence event, (b) the transfer of any such informat ion or samples to a new licensee or to a person holding a carbon dioxide storage licence, or (c) appropriate storage of such information or samples. (2) An information and samples plan prepared by the OGA under section 31(4) may not include provision under subs ection (1)(b) for the transfer of information or samples to another person without the consent of the (3) Where an information and samples plan makes provision under subsection (1) for a person, other than the responsible person, to hold information or samples (a) the plan may, with the consent of that other person, impose requirements on that pe rson in connection wi th the information and (b) any such requirements are sanctionable in accordance with Chapter 5. (4) An information and samples plan may provide for the storage of information or samples as mentioned in subsection (1)(c) to be the responsibility of the (5) Subsection (6) applies wh ere a transfer of rights under an offshore licence relates to only part of the area in relation to which the licence was granted. (6) In those circumstances, the inform ation and samples plan prepared in connection with the transfer is to rela te to all petroleum-related information and petroleum-related samples held by the responsible person before the licence event, and not only petroleu m-related information and petroleum- related samples in respect of that part of the area. (7) In subsection (1)(b) “carbon dioxide st orage licence” means a licence granted under section 18 of the Energy Act 2008. Power to require information and samples 34 Power of the OGA to require information and samples (1) The OGA may by notice in writing, for the purpose of carrying out any functions of the OGA which are relevant to the fulfilment of the principal objective or which relate to activiti es carried out under a carbon dioxide (a) a relevant person to provide it with any petroleum-related information, or a portion of any petroleum-relate d sample, held by or on behalf of (b) a person who holds information or samples in accordance with an information and samples plan (see sections 30 to 33) to provide it with any such information or a portion of any such sample, (a) the form or manner in which the information or the portion of a sample

Part 2 — Further functions of the OGA relating to offshore petroleum Chapter 3 — Information and samples ( b ) t h e t i m e a t w h i c h , o r p e r i o d w i t h i n w h i c h , t h e i n f o r m a t i o n o r t h e portion of a sample must be provided. (3) Information requested under subsection (1) may not include items subject to (4) Requirements imposed by a notice un der this section are sanctionable in (5) Where a person provides information or a portion of a sample to the OGA in accordance with a notice under this section, any requirements imposed on the person in respect of that information or sample by regulations under section 28 (6) In subsection (1) “car bon dioxide storage licence” means a licence granted under section 18 of the Energy Act 2008. 35 Information and samples coordinators (a) appoint an individual to act as an information and samples (b) notify the OGA of that indivi dual’s name and contact details. (2) The information and samples coordinator is to be responsible for monitoring the relevant person’s compliance with its obligations under this Chapter. (3) A relevant person must comply with subsection (1) within a reasonable period ( a ) t h e d a t e o n w h i c h t h i s s e c t i o n c o m e s i n t o f o r c e , i f t h e p e r s o n i s a relevant person on that date, or (b) becoming a relevant pe rson, in any other case. (4) The relevant person must notify the OGA of any change in the identity or contact details of the information and samples coordinator within a reasonable period of the change taking place. (5) The requirements imposed by this section are sanctionable in accordance with 36 Appeals against decisions of the information and samples plans (1) This section applies to any decision of the OGA to which effect is given by one (2) A person affected by any such decision may appeal against it to the Tribunal— (a) on the grounds that the decision wa s not within the powers of the OGA, (b) on the grounds set out in the corr esponding entry in column 2 of the

Part 2 — Further functions of the O GA relating to offshore petroleum Chapter 3 — Information and samples (3) On an appeal under this section the Tribunal may— (a) affirm, vary or quash the decision under appeal, (b) remit the decision under appeal to the OGA for reconsideration with such directions (if any) as the Tribunal considers appropriate, or (c) substitute its own decision for the decision under appeal.
(1) A meeting is a relevant meeting fo r the purposes of this Chapter if— (a) two or more relevant persons ar e represented at the meeting, and (b) the meeting involves disc ussion of relevant issues. (2) A relevant person is represented at a meeting if an employee of, or a person acting on behalf of, the relevant person participates in the meeting. (3) In this Chapter “meeting” includes a me eting which is conducted in such a way that those who are not present together at the same place may by electronic (4) In this Chapter “relevant issues” means issues which— (a) are relevant to the fulfilment of the principal objective, or (b) relate to activities carried out under an offshore licence, but does not include anything in respect of which a claim to legal professional privilege (or, in Scotland, to confid entiality of communications) could be maintained in any legal proceedings. (5) A notice given by the OGA may provide that— (a) a meeting specified, or of a descript ion specified, in the notice is not a relevant meeting for the purposes of this Chapter; (b) an issue specified, or of a descript ion specified, in th e notice is not a relevant issue for those purposes. 38 Duty to inform the OGA of meetings (1) This section applies where a relevant person, or an employee of or person acting on behalf of the relevant person, knows or should know that a meeting arranged by, or on behalf of, the relevant person will be or is likely to be a (1) Action by the OGA (2) Grounds for appeal The preparation of an information The giving of a notice requiring the provision of information or

Part 2 — Further functions of the OGA relating to offshore petroleum (2) The relevant person must, in writing— (a) inform the OGA of the fact that the meeting is to take place, and (b) provide such details of the m eeting as are necessary for a person authorised by the OGA to be able to participate in it. (3) The relevant person must comply with subsection (2)— (a) at least 14 days before the day on which the meeting is to take place, or (b) if that is not reasonably practicable, so as to give as much notice of the meeting as is reasonably practicable. (4) In a case within subsec tion (3)(b) the relevant pe rson must, when complying with subsection (2), explain in writing to the OGA why it was not reasonably practicable to comply with subsection (2) at least 14 days before the day on which the meeting is to take place. (5) The relevant person must inform the OGA in writing as soon as is reasonably practicable of any changes to the information provided under subsection (2)(b). (6) The relevant person must also provide the OGA with any information that is provided (whether by the relevant pe rson or any other person) to other persons attending the meeting, including (in particular)— (b) any other documents relevant to the meeting. (7) That information must be provided to the OGA— (a) at the same time as it is provided to other persons attending the (b) if it not possible for the relevant pe rson to provide it to the OGA at that time, as soon after that time as is reasonably practicable. (8) Subsection (6) does not require the relevant person to provide the OGA with information that does not relate to relevant issues. (9) The information required under su bsections (2), (5) and (6), and any explanation provided under subsection (4), must be provided to the OGA in such manner as may be required by a notice given by the OGA. (10) The requirements imposed by this section are sanctionable in accordance with 39 Participation by the OGA in meetings (1) A person authorised by the OGA under th is section is entitled to participate in (2) But such a person is not entitled— (a) to participate in any part of the meeting that does not relate to relevant (b) if any matter is decided on by a vote, to take part in the voting. (3) The relevant person who arranged the meeting, or on whose behalf the meeting was arranged, must secure that the right conferred by subsection (1) (4) The requirement imposed by subsection (3) is sanctionable in accordance with

Part 2 — Further functions of the O GA relating to offshore petroleum 40 Provision of information to the OGA after meetings (1) This section applies where the right conferred by section 39(1) (right of person authorised by the OGA to participate) is not exercised in relation to a relevant (2) The relevant person by, or on behalf of whom, the meeting was arranged must provide the OGA with a written summary of— (b) any decisions reached at the meeting. (3) The written summary must be provided to the OGA within a reasonable period after the end of the meeting. (4) Subsection (2) does not require the relevant person to provide the OGA with any information that does not relate to relevant issues. (5) The requirement imposed by this section is sanctionable in accordance with (1) This section applies to a notice given by the OGA under this Chapter. (a) may make different provis ion for different cases, and (b) may be varied or revoked by a further notice given by the OGA. (3) The notice, and any variation or revocation, must be published in such manner as the OGA considers appropriate for bringing it to the attention of the persons who, in its opinion, are likely to be affected by it. Power to give sanction notices 42 Power of OGA to give sanction notices (1) If the OGA considers that a person has failed to comply with a petroleum- related requirement imposed on the person, it may give the person a sanction notice in respect of that failure.
(2) If the OGA considers that there has a been a failure to comply with a petroleum-related requirement imposed jointly on two or more persons, it may give a sanction notice in respect of that failure— (a) to one only of those persons, (b) jointly to two or more of them, or but it may not give separate sanction noti ces to each of them in respect of the (3) In this Chapter “petroleum -related requirement” means—

Part 2 — Further functions of the OGA relating to offshore petroleum (a) a duty imposed under section 9C of the Petroleum Act 1998 to act in accordance with the current strate gy or strategies produced under section 9A(2) of that Act for enabling the principal objective to be met, (b) a term or condition of an offshore licence, or (c) a requirement imposed on a person by or under a provision of this Act which, by virtue of the provision, is sanctionable in accordance with (4) In this Chapter “sanction notice” means— (a) an enforcement notice (see section 43), (b) a financial penalty notice (see sections 44 to 46), (c) a revocation notice (see section 47), or (d) an operator removal notice (see section 48). (5) Sanction notices, other than enforcement notices, may be given in respect of a failure to comply with a petroleum-related requirement even if, at the time the notice is given, the failure to comply has already been remedied. (6) Where the OGA gives a sanction notice to a person in respect of a particular failure to comply with a petroleum-related requirement— (a) it may, at the same time, give anot her type of sanction notice to the person in respect of that failure to comply; (b) it may give subsequent sanction notices in respect of that failure only in accordance with section 54 (subsequent sanction notices). (7) The OGA’s power to give sanction notices under this section is subject to section 49 (duty of OGA to give sanction warning notices). (1) This section contains provision about enforcement notices which may be given under section 42 (failure to comply with a petroleum-related requirement). (2) An enforcement notice is a notice which— (a) specifies the petroleum-rela ted requirement in question, (b) gives details of the failure to comply with the requirement, (c) informs the person or persons to whom the notice is given that the person or persons must comply with— (i) the petroleum-rela ted requirement, and (ii) any directions included in the notice as mentioned in subsection before the end of the period specified in the notice. (3) The notice may include directions as to the measures to be taken for the purposes of compliance with the petroleum-related requirement. (4) Requirements imposed by directions included in an enforcement notice as mentioned in subsection (3) are sanctionable in accordance with this Chapter. Part 2 — Further functions of the O GA relating to offshore petroleum (1) This section and sections 45 and 46 contain provision about financial penalty notices which may be given under section 42 (failure to comply with a petroleum-related requirement). (2) A financial penalty notice is notice which— (a) specifies the petroleum-rela ted requirement in question, (b) gives details of the failure to comply with the requirement, (c) informs the person or persons to whom the notice is given that the (i) comply with the petroleum-related requirement before the end of a period specified in the notice, in a case where it is appropriate to require such compliance and the failure to comply with the requirement has not already been remedied at the time the notice is given, and (ii) pay the OGA a financial penalty of the amount specified in the notice before the end of a period specified in the notice. (3) The period specified under subsection (2)(c)(ii) must not en d earlier than the end of the period of 28 days beginnin g with the day on which the financial 45 Amount of financial penalty (1) The financial penalty payable under a financial penalty notice in respect of a failure to comply with a petroleum-re lated requirement (whether payable by one person, or jointly by two or more persons) must not exceed £1 million. (a) issue guidance as to the matter s to which it will have regard when determining the amount of the fina ncial penalty to be imposed by a (b) have regard to the guidance wh en determining the amount of the penalty in any particular case. ( 3 ) T h e O G A m a y f r o m t i m e t o t i m e r e v i e w t h e g u i d a n c e a n d , i f i t c o n s i d e r s (4) Before issuing or revising guidance un der this section, the OGA must consult such persons as it considers appropriate. (5) The OGA must lay any guidance issued under this section, and any revision of it, before each House of Parliament. (6) The OGA must publish any guidance issued unde r this section, and any revision of it, in such manner as the OGA considers appropriate. (7) The Secretary of State may by regulati ons amend subsection (1) to change the amount specified to an amount not exceeding £5 million. 46 Payment of financial penalty (1) If a financial penalty notice is given jointly to two or more persons, those persons are jointly and severally liable to pay the financial penalty under it.
Part 2 — Further functions of the OGA relating to offshore petroleum (2) A financial penalty payable under a financ ial penalty notice is to be recoverable as a civil debt if it is not paid before the end of the period specified under (3) Money received by the OGA under a finan cial penalty notice must be paid into (1) This section contains provision about revocation notices which may be given under section 42 (failure to comply with a petroleum-related requirement). (2) A revocation notice may be given only in respect of a failure to comply with a petroleum-related requirement imposed on a licensee in that capacity. (3) Where two or more persons are the lic ensee in respect of a petroleum licence, the revocation notice may be given jointly to some or all of those persons. (4) A revocation notice is a notice which— (a) specifies the petroleum-rela ted requirement in question, (b) gives details of the failure to comply with the requirement, (c) informs the person or persons to whom the notice is given that the petroleum licence held by that person or those persons is to be revoked in relation to that person, or those persons, on the date specified in the notice (“the revocation date”). (5) The revocation date must not be earlie r than the end of the period of 28 days beginning with the day on which the revocation notice was given. (6) A revocation notice may not be given in circumstances where the licence to be revoked in accordance with the notice is one which, on the date the notice is given, the OGA would not have the power to grant. (7) Where a licence is revoked in relation to a person in accordance with a (a) the rights granted to the person by the licence cease on the revocation (b) the revocation does not affect any obligation or liability imposed on or incurred by the person under the terms and conditions of the licence; (c) the terms and conditions of the licence apply as if the licence had been revoked in accordance with those terms and conditions, subject to (8) Where two or more persons are the lic ensee in respect of a petroleum licence and a revocation notice is given in relation to some of those persons, but not in relation to others (the “continuing licence holders”), the OGA must inform the continuing licence holders that— (a) the revocation notice has been given, and (b) the licence will continue to have e ffect in relation to them following the (1) This section contains provision abou t operator removal notices which may be given under section 42 (failure to comply with a petroleum-related

Part 2 — Further functions of the O GA relating to offshore petroleum (2) An operator removal notice may be give n only in respect of a failure to comply with a petroleum-related requiremen t imposed on an operator under a petroleum licence in that capacity. (3) An operator removal notice is a notice which— (a) specifies the petrol eum-related requirement; (b) gives details of the failure to comply with the requirement; (c) informs the operator to whom it is given that, with effect from a date specified in the notice (“the remova l date”), the licensee under whose licence the operator operates (“the relevant licensee”) is to be required to remove the operator (see subsection (5)). (a) give a copy of the operator removal notice to the relevant licensee, and (b) require the relevant licensee to remo ve the operator with effect from the (5) Where a licensee is required to remove an operator from a specified date, the licensee must ensure that, with effect from that date, the operator does not exercise any function of organising or supervising any of the operations of searching for, boring for, or getting petroleum in pursuance of the licensee’s (6) The removal date must not be earlier than the end of the period of 28 days beginning with the day on which the operator removal notice was given. (7) An operator removal notice may not be given in circumstances where the licence under which the operator operates is one which, on the date the notice is given, the OGA would not have the power to grant. (8) A requirement imposed on a licensee un der subsection (4)(b) is sanctionable in (9) In this Chapter, “operator under a petroleum licence” has the same meaning as in Part 1A of the Petroleum Act 1998 (see section 9I of that Act). 49 Duty of OGA to give sanction warning notices (1) This section applies where the OGA proposes to give a sanction notice in respect of a failure to comply with a petroleum-related requirement. (2) The OGA must give a sanction warnin g notice in respect of the petroleum- (a) the person or persons to whom it proposes to give a sanction notice, (b) where it proposes to give an operator removal notice, the relevant licensee (see section 48(3)(c)). (3) A sanction warning notice , in respect of a petroleum-related requirement, is a (a) specifies the petrol eum-related requirement, ( b ) i n f o r m s t h e p e r s o n o r p e r s o n s t o w h o m i t i s g i v e n t h a t t h e O G A proposes to give a sanction notice in respect of a failure to comply with

Part 2 — Further functions of the OGA relating to offshore petroleum (c) gives details of the failure to comply with the petroleum-related (d) informs the person or persons to whom it is given that the person or persons may, within the period specified in the notice (“the representations period”), make representations to the OGA in relation to the matters dealt with in the notice.
(4) The representations peri o d i s t o b e s u c h p e r i o d a s t h e O G A c o n s i d e r s appropriate in the circumstances. (5) Subsections (6) and (7) apply where the OGA gives a sanction warning notice to a person or persons in respect of a petroleum-related requirement. (6) The OGA must not give a sanction notice to the person or persons in respect of a failure to comply with the requ irement until after the end of the representations period specified in the sanction warning notice. (7) Having regard to representations ma de during the representations period specified in the sanction warning notice, the OGA may decide— (a) to give the person or persons a sanction notice in respect of the failure to comply with the requirement detailed in the sanction warning notice (b) to give the person or persons a sanc tion notice in respect of a failure to comply with the requirement which differs from the failure detailed in the sanction warning notice under subsection (3)(c), or (c) not to give the person or persons a sanction notice in respect of a failure to comply with the requirement. 50 Appeals in relation to sanction notices (1) Where a sanction notice is given unde r this Chapter in respect of a failure to comply with a petroleum-related requirement, an appeal may be made— (a) under section 51 (on the grounds that there was no such failure to (b) under section 52 (against the sanction imposed by the notice). (2) Where an appeal is made in relation to a sanction notice, the notice ceases to have effect until a decision is made by the Tribunal to confirm, vary or cancel (3) Where, on an appeal made in relation to a sanction notice— (a) the Tribunal makes a decision to confirm or vary the notice, and (b) an appeal is or may be made in relation to that decision, the Tribunal, or the Upper Tribunal, ma y further suspend the effect of the notice pending a decision which disposes of proceedings on such an appeal. 51 Appeals against finding of failure to comply (1) This section applies where a sanction no tice is given in respect of a failure to comply with a petroleum-related requirement. Part 2 — Further functions of the O GA relating to offshore petroleum (2) An appeal may be made to the Tribunal by the person, or by any of the persons, to whom the notice was given, on the grounds that the person, or persons, did not fail to comply with the petroleum-related requirement. (3) On an appeal under this section, the Tribunal may confirm or cancel the (4) Where sanction notices are given on mo re than one occasion in respect of the same failure to comply with a petroleum-related requirement— (a) an appeal under this section may be made only in relation to the sanction notice, or any of the sanction notices, given on the first of those (b) appeals in relation to sanction no tices given on subsequent occasions in respect of that failure to comply may be made only under section 52 (appeals against sanction imposed). 52 Appeals against sanction imposed (1) This section applies where a sanction no tice is given in respect of a failure to comply with a petroleum-related requirement. (2) An appeal may be made to the Tribunal— (a) by the person, or by any of the pe rsons, to whom the notice was given, (b) in the case of an operator removal notice under section 48, by the licensee under whose licence the operator operates, against any of the decisions of the OGA mentioned in subsection (3) (as to the sanction imposed by the notice) on the grounds mentioned in subsection (4). (a) in a case where an enforcement notice has been given, the decision as (i) the measures that are required to be taken for the purposes of compliance with the petroleum-related requirement, or (ii) the period for compliance with the petroleum-related (b) in a case where a financial penalty notice has been given, the decision— (i) to impose a financial penalty, or (ii) as to the amount of the financial penalty imposed; (c) in a case where a revocation of licence notice has been given, the decision to revoke the licence, whether in relation to some or all of the persons to whom it was granted; (d) in a case where an operator remova l notice has been given, the decision to require the removal of the operator. (4) The grounds are that the decision of the OGA— (b) was not within the powers of the OGA. (5) On an appeal under this section against a decision made in relation to an enforcement notice, the Tribunal may— (a) confirm or quash the decision, in the case of a decision as mentioned in subsection (3)(a)(i) (remedial action), or

Part 2 — Further functions of the OGA relating to offshore petroleum (b) confirm or vary the decision, in th e case of a decision as mentioned in subsection (3)(a)(ii) (period for compliance), and confirm, vary or cancel the enforcement notice accordingly (6) On an appeal under this section against a decision made in relation to a financial penalty notice, the Tribunal may— (a) confirm or quash the decision, in the case of a decision as mentioned in subsection (3)(b)(i) (imposition of penalty), or (b) confirm or vary the decision, in th e case of a decision as mentioned in subsection (3)(b)(ii) (amount of penalty), and confirm, vary or cancel the financial penalty notice accordingly. (7) The Tribunal must have regard to any guidance issued by the OGA under section 45(2)(a) when deciding whether to confirm or vary a decision as to the amount of a financial penalty under subsection (6)(b).
(8) On an appeal under this section against a decision to revoke a licence or to require the removal of an operator the Tribunal may— (b) vary the decision by ch anging the revocation date or the removal date, confirm, vary or cancel the sanction notice in question accordingly. (9) Where a decision is quashed under subs ection (5)(a), (6)(a) or (8), the Tribunal may remit the decision to the OGA for reconsideration with such directions (if any) as the Tribunal considers appropriate. 53 Publication of details of sanctions (1) The OGA may publish details of any sanction notice given in accordance with (2) But the OGA may not publish any thing that, in the OGA’s opinion— (a) is commercially sensitive, (b) is not in the public interest to publish, or (c) is otherwise not appropriate for publication. (3) If, after details of a sanction notice are published by the OGA, the sanction (b) withdrawn under section 55, the OGA must publish details of the cancellation or withdrawal. 54 Subsequent sanction notices (1) This section applies where the OGA gives a sanction notice in respect of a particular failure to comply with a petroleum-related requirement (whether the notice is given alone or at the same time as another type of sanction notice). (2) If the sanction notice given is a revoca tion notice or an operator removal notice, no further sanction notices may be given in respect of the failure to comply. Part 2 — Further functions of the O GA relating to offshore petroleum (3) If the sanction notice given is a financ ial penalty notice which does not require compliance with the petroleum-relate d requirement, no further sanction notices may be given in respect of the failure to comply. (4) Subsection (5) applies if the sanction notice given is— (b) a financial penalty notice which requires compliance with the petroleum-related requirement. (5) No further sanction notices may be gi ven in respect of the failure to comply before the end of the period specified under section 43(2)(c) or 44(2)(c)(i), as the case may be (period for compliance with petroleum-related requirement). 55 Withdrawal of sanction notices (1) The OGA may, at any time after giving a sanction notice, withdraw the (2) If a sanction notice is withdrawn by the OGA— (a) the notice ceases to have effect, and (b) the OGA must notify the followin g persons of the withdrawal of the (i) the person or persons to whom the notice was given, (ii) in the case of a revocati on notice, the persons who were required to be informed of the giving of the revocation notice (iii) in the case of an operator removal notice, the licensee under whose licence the operator operates. 56 Alternative means of enforcement (1) Where the OGA gives a sanction notice to an offshore licensee in respect of a failure to comply with a petroleum-related requirement, the matter is to be dealt with in accordance with this Chapter. (2) Any requirement under the licensee’s licence to deal with the matter in a certain way (including by arbitration) does not apply in respect of that failure 57 information powers (1) This section applies for the purposes of an investigation by the OGA which— (a) concerns whether a person has failed to comply with a petroleum- (b) is carried out for the purpose of en abling the OGA to decide whether to give the person a sanction notice, or on what terms a sanction notice should be given to the person. (2) The OGA may by notice in writing, for the purposes of that investigation, require the person to provide specified documents or other information. (3) A requirement under subs ection (2) only applies to the extent that the documents or information requested are—

Part 2 — Further functions of the OGA relating to offshore petroleum (a) documents that are in the pe rson’s possession or control, or (b) other information that is in th e person’s possession or control. (4) A requirement imposed by a notice un der subsection (2) is sanctionable in (5) The documents or information requested— (a) may include documents or information held in any form (including in (b) may include documents or information that may be regarded as (c) may not include items that are subject to legal privilege. (a) to whom the information is to be provided; (b) where it is to be provided; (c) when it is to be provided; (d) the form and manner in wh ich it is to be provided. (7) In this section, “specified” in a noti ce, means specified, or of a description 58 Appeals against information requests (1) A person to whom a notice is given under section 57 may appeal against it to the Tribunal on the grounds that— (a) the giving of the notice is no t within the powers of the OGA, or (b) the length of time given to comp ly with the notice is unreasonable. (2) On an appeal under this section the Tribunal may— (a) confirm, vary or cancel the notice, or (b) remit the matter under appeal to the OGA for reconsideration with such directions (if any) as the Tribunal considers appropriate. 59 Procedure for enforcement decisions (1) The OGA must determine the procedure that it proposes to follow in relation (2) That procedure must be designed to secure, among other things, that an enforcement decision is taken— (a) by a person falling with in subsection (3), or (b) by two or more persons, each of whom falls within subsection (3). (3) A person falls within this subsection if the person was not directly involved in establishing the evidence on which the enforcement decision is based. (4) The OGA must issue a statement of its proposals. (5) The statement must be published in a way appearing to the OGA to be best calculated to bring the statement to the attention of the public.
Part 2 — Further functions of the O GA relating to offshore petroleum (6) When the OGA takes an enforcement decision, the OGA must follow its stated (7) If the OGA changes its procedure in a material way, it must publish a revised (8) A failure of the OGA in a particular case to follow its procedure as set out in the latest published statement does no t affect the validity of an enforcement (9) But subsection (8 ) does not prevent the Tribunal from taking into account any such failure in considering an appeal under section 51 or 52 in relation to a (10) In this section “enforcement deci sion” means either of the following— (a) a decision to give a sanction notice in respect of a failure to comply with a petroleum-related requirement; (b) a decision as to the details of the sanction to be imposed by the notice. “operator under a petroleum licence” has the meaning given in section “petroleum-related requirement” has the meaning given in section 42(3); “sanction notice” has the meaning given in section 42(4). Protected material must not be disclosed— except in accordance with this Chapter. 62 Meaning of “protected material” and related terms (1) In this Chapter “protected material” means information or samples which have been obtained by the OGA under this Part. “original owner”, in relation to protected material provided to the OGA under this Part, means the person by whom, or on whose behalf, the protected material was so provided; “subsequent holder”, in relation to protected material, means a person holding protected material who has received it directly or indirectly

Part 2 — Further functions of the OGA relating to offshore petroleum from the OGA by virtue of a disclosure, or disclosures, in accordance (3) References to disclosing protected mate rial include references to making the protected material available to other persons (in a case where the protected 63 Disclosure by OGA to certain persons (1) Section 61 does not prohibit a disclo sure of protected material by the OGA (b) is made for the purpose of facilitat ing the carrying out of that person’s (c) is a disclosure of information obtained by the OGA under a Chapter “enforcing authority” has the same meaning as in Part 1 of the Health and Safety at Work etc Act 1974 (see section 18(7)(a) of that Act); “Minister of the Crown” has the same meaning as in the Ministers of the “Offshore Safety Directive” means Directive 2013/30/EU of the European Parliament and of the Council of 12 June 2013 on safety of offshore oil (3) Section 61 does not prohibit a disclo sure of protected material by the OGA A Minister of the Crown Chapters 2 to 5 Her Majesty’s Revenue and Customs Chapters 2 to 4 The Competition and Markets Authority Chapters 2 to 5 The Scottish Ministers Chapter 3 A Northern Ireland Department Chapter 3 The Office for Budget Responsibility Chapter 3 An enforcing authority Chapters 2 to 5 The competent authority under article 8 of The Statistics Board Chapters 2 to 5

Part 2 — Further functions of the O GA relating to offshore petroleum (a) is a disclosure of protected material obtained by it under Chapter 3 (b) is made to the Natural Environmen t Research Council, or any other similar body carrying on geological activities, and (c) is made for the purpose of enabling the body to prepare and publish reports and surveys of a general nature using information derived from (4) A person to whom protecte d material is disclosed by virtue of subsection (1) or (3) may use the protected material only for the purpose mentioned in subsection (1)(b) or (3)(c) (as the case may be). (5) Section 61 does not prohibit such a person from disclosing the protected material so far as necessary for that purpose. (a) to remove a person from column 1, (b) to add to column 1 a person to whom subsection (7) applies, or (c) to add, remove or chan ge entries in column 2. (7) This subsection applies to— (a) persons holding office under the Crown; (b) persons in the service or employment of the Crown; (c) persons acting on behalf of the Crown; (e) publicly owned companies as defi ned in section 6 of the Freedom of 64 Disclosure required for return s and reports prepared by OGA (1) Section 61 does not prohibit the OG A from using protected material obtained by the OGA under Chapter 3 (information and samples) for the purpose of— (a) preparing such returns and re ports as may be required under obligations imposed by or under any Act; (b) preparing and publishing reports an d surveys of a general nature using information derived from the protected material. (2) Section 61 does not prohibit the OGA fr om disclosing protected material so far as necessary for those purposes. 65 Disclosure in exercise of certain OGA powers (1) Section 61 does not prohibit a di sclosure of protected material if— (a) the protected material was obta ined by the OGA under Chapter 2 (b) the disclosure is made in the exercise of the OGA’s powers under section 23(6) (publication of recommendations for resolving disputes). (2) Section 61 does not prohibit a disclosure of protected material if it is made in the exercise of the OGA’s powers under section 53 (publication of details of (3) Section 61 does not prohibit a disc losure of protected material which is permitted by section 75 (international oil and gas information

Part 2 — Further functions of the OGA relating to offshore petroleum 66 Disclosure after specified period (1) Section 61 does not prohibit protec ted material obtained by the OGA under Chapter 3 (information and samples) from being— (b) made available to the public (in a case where the protected material by the OGA or a subsequent holder at such time as may be specified in regulations made by the Secretary of State.
(2) Regulations under subsection (1) may include provision permitting protected material to be published, or made avai lable to the public, immediately after it (3) Before making regulations under subsec tion (1), the Secr etary of State must consult such persons as the Secretary of State considers appropriate. (4) Subsection (3) does not apply if th e Secretary of State is satisfied that consultation is unnecessary having rega rd to consultation carried out by the OGA in relation to what time should be specified in regulations under (5) In determining the time to be specif ied in respect of protected material in regulations under subsection (1), the Secretary of State must have regard to the (a) whether the specified time will allow owners of protected material a reasonable period of time to sati sfy the main purpose for which they acquired or created the material; (b) any potential benefits to the petr oleum industry of protected material being published or made available at the specified time; (c) any potential risk that the specified time may discourage persons from acquiring or creating petroleum- related information or petroleum- related samples (as defined in section 27); (d) any other factors the Secretar y of State considers relevant. (6) In balancing the factors mentioned in su bsection (5)(a) to (d), the Secretary of State must take into account the principal objective. (7) For the purposes of subsection (5)(a), the owner of protected material is the person by whom, or on whose behalf, the protected material was provided to the OGA under Chapter 3 (information and samples). 67 Disclosure with appropriate consent (1) Section 61 does not prohibit a disclosure of protected material if it is made with (2) For this purpose a disclosure is made with the appropriate consent if— (a) in the case of disclosure by the OGA, the original owner consents to the (b) in the case of disclosure by a subsequent holder— (i) the OGA consents to the disclosure, and (ii) in a case where the protected material in question was provided to the OGA under this Part, the OGA confirms that the original owner of the material also consents to the disclosure. Part 2 — Further functions of the O GA relating to offshore petroleum 68 Disclosure required by legislation Section 61 does not prohibit a disclosu re of protected material required by virtue of an obligation imposed by or under any Act. 69 Disclosure for purpose of proceedings (1) Section 61 does not prohibit a disclosu re of protected material by the OGA for the purposes of, or in connection with— (2) Section 61 does not prohibit a disclosu re of protected material by the OGA for the purposes of, or in connection with— (a) the investigation or prosec ution of criminal offences, or (b) the prevention of criminal activity. Rights to use upstream petroleum infrastructure 70 Requirements to provide information (1) The Energy Act 2011 is amended as follows. (2) In section 87 (powers to require info rmation), after subsection (5) insert— “(5A) A notice under subsection (1), (2 ) or (3) that imposes a requirement on a person must specify when the requirement is to be complied with.” (3) After that section insert— “87A Appeals against requirements to provide information ( 1 ) A n y p e r s o n o n w h o m a r e q u i r e m e n t i s i m p o s e d b y a n o t i c e u n d e r section 87(1), (2) or (3) may appeal against the notice to the Tribunal on (a) the information required by the notice is not relevant to the exercise by the OGA of its functions under this Chapter, or (b) the length of time given to comply with the notice is (2) On an appeal under this section the Tribunal may— (a) confirm, vary or cancel the notice, or (b) remit the matter under appeal to the OGA for reconsideration with such directions (if any) as the Tribunal considers (3) In this section “the Tribunal ” means the First-tier Tribunal. 87B Sanctions for failure to provide information (1) A requirement imposed by a notice under section 87(1), (2) or (3) is to be treated for the purposes of Chapter 5 of Part 2 of the Energy Act 2016

Part 3 — Infrastructu re and Information ( p o w e r o f t h e O G A t o i m p o s e s a n c t i o n s ) a s a p e t r o l e u m - r e l a t e d (2) But the OGA may not give a revocation notice or an operator removal notice under that Chapter by virtue of this section.” 71 Applications to use changes of applicant and owner (1) The Energy Act 2011 is amended as follows. (2) In section 82(13) (contents of notice securing rights to use infrastructure), omit (3) In section 87(6) (circu mstances in which information may be disclosed)— (a) omit the “or” at the en d of paragraph (a), and (b) after paragraph (b) insert “or (c) the disclosure is made under section 89A or 89B.” “89A Assignments and assignations of applications (1) This section applies where— (a) there is an assignment or assignation of an application made under section 82 from one person (“A”) to another (“B”), and (b) the following are notified of the assignment or assignation— (i) the owner of the pipeline or facility that is the subject of (2) A notice under subsection (1)(b) must— (b) specify the date of the assignment or assignation. (3) For the purposes of this Chapter, anything done (or treated as done) by or in relation to A in connection with the application is treated after the assignment or assignation as having been done by or in relation to B.
This subsection is subject to subsections (4) and (5) and does not apply for the purposes of subsections (6) and (7). (4) Any provision of this Chapter th at requires the OGA to give the applicant an opportunity to be heard has effect after the assignment or assignation as requiring the OGA to give B an opportunity to be heard (whether or not the applicant was heard under that provision before the assignment or assignation). (5) Subsection (3) does not apply in relation to any no tice given under section 87 before the assignment or assignation (and, accordingly, the person to whom the notice was given remains under an obligation to (6) Any information relating to th e application obtained by the OGA before the assignment or assignation from any person who at the time was the applicant may be disclosed to B. Part 3 — Infrastructure and Information (7) Before disclosing any such information to B, the OGA must remove any information which the OGA consid ers may prejudice the commercial interests of the person from whom the information was obtained. (1) This section applies where the ownership of a pipeline or facility that is the subject of an application under section 82, or to which a notice u n d e r s u b s e c t i o n ( 1 1 ) o f t h a t s e c t i o n r e l a t e s , i s t r a n s f e r r e d f r o m o n e person (“C”) to another (“D”). (2) For the purposes of this Chapter— (a) anything done (or treated as do ne) by or in relation to C in connection with C’s ownership of the pipeline or facility is treated after the transfer as having been done by or in relation (b) any obligations imposed or rights conferred (or treated as imposed or conferred) by or under this Chapter on C in connection with C’s ownership of t h e p i p e l i n e o r f a c i l i t y a r e treated after the transfer as imposed or conferred on D. This subsection is subject to subsections (3) and (4) and does not apply for the purposes of subsections (5) and (6). (3) Any provision of this Chapter that requires the OGA to give the owner of the pipeline or facility an opportunity to be heard has effect after the transfer as requiring the OGA to give D an opportunity to be heard (whether or not the owner was hear d under that provision before the (4) Subsection (2) does not affect the obligation to comply with any notice given under section 87 before the transfer (and, accordingly, the person to whom the notice was given rema ins under an obligation to comply (5) Any information relating to th e application obtained by the OGA before the transfer from any person who at the time was the owner may (6) Before disclosing any such information to D, the OGA must remove any information which the OGA considers may prejudice the commercial interests of the person from whom the information was 72 Abandonment of offshore installations Schedule 2 makes provision about the abandonment of offshore installations. 73 Duty to act in accordance with st decommissioning and alternatives (1) Part 1A of the Petroleum Act 1998 (maximising economic recovery of UK petroleum) is amended as follows. (2) In section 9A (the principal objectiv e and the strategy), in subsection (1)(b),

Part 3 — Infrastructu re and Information after sub-paragraph (iv) insert— “(v) owners of relevant offshore installations.” (3) In section 9C (carryin g out of certain petroleum industry activities)— (b) after subsection (4) insert— “(5) A person who is the owner of— (a) a relevant offshore installation, or (b) upstream petroleum infrastructure, must act in accordance with th e current strategy or strategies when planning and carrying out the activities mentioned in (a) the person’s activi ties as the owner of the installation or infrastructure (inclu ding the development, construction, deployment an d use of the infrastructure (b) the abandonment or decommissioning of the installation or infrastructure. (7) For the purposes of subsecti on (5), planning the activities mentioned in subsecti on (6)(b) includes the preliminary stage (a) deciding whether or when to proceed with the proposed abandonment or decommissioning, and (b) considering alternative measures to abandonment or decommissioning such as re-use or preservation.” “9HA “Relevant offshore installations” and their owners ( 1 ) F o r t h e p u r p o s e s o f t h i s P a r t a n o f f s h o r e i n s t a l l a t i o n i s a r e l e v a n t offshore installation if and in so far as it is used in relation to petroleum within subsection (2) (including such petroleum after it has been got). (2) Petroleum is within th is subsection if it is petroleum which for the time being exists in its natural condition in strata beneath— (a) the territorial sea adjacent to Great Britain, or (b) the sea in any area designated under section 1(7) of the (3) In this Part “owner”, in relation to a relevant offs hore installation, (a) a person in whom the in stallation is vested, and (b) a lessee and any person o ccupying or controlling the (5) In section 9I (other definitions) , at the appropriate place insert— ““offshore installation” has the same meaning as in Part 4 (see section ““owner”, in relation to a relevant offshore installation, has the meaning ““relevant offshore installation” has the meaning given in section 9HA;”;

Part 3 — Infrastructure and Information ““submarine pipeline” has the meaning given in section 45;”.
74 Part 1A of the Petroleu m Act 1998: Northern Ireland (1) Part 1A of the Petroleum Act 1998 (maximising economic recovery of UK petroleum), as amended by this Act, extends to Northern Ireland (as well as to England and Wales and Scotland). (2) In that Act, for section 9H substitute— “9H “Upstream petroleum infr astructure” and its owners (1) In this Part “upstream petroleum infrastructure” means anything that for the purposes of section 82(1) of the Energy Act 2011 is— (a) a relevant upstre am petroleum pipeline, (b) a relevant oil processing facility, or (c) a relevant gas processing facility, if and in so far as it is used in relation to petroleum within subsection (2) (including such petroleum after it has been got). (2) Petroleum is within th is subsection if it is petroleum which for the time being exists in its natural condition in strata beneath— (a) the territorial sea adjacent to Great Britain, or (b) the sea in any area designated under section 1(7) of the (3) In this Part “owner”, in relation to upstream petroleum infrastructure, (a) a person in whom the pipe line or facility is vested; (b) a lessee and any person occupyin g or controlling the pipeline or (c) any person who has the right to have things conveyed by the pipeline or processed by the facility.” 75 International oil and gas ag information exchange (1) This section applies where— (a) there is a treaty or agreement in force between the government of the United Kingdom and the government of a territory outside the United Kingdom (“the overseas territory”) concerning cooperation in relation to oil and gas activities, and (b) the treaty or agreement includes arrangements fo r the exchange of information between the two governments (“information exchange (2) If it appears to the Secretary of Stat e that adequate safeguards are in place, information held by the Secretary of State may be disclosed so far as the Secretary of State considers necessary fo r the purpose of giving effect to the treaty or agreement in question. Part 3 — Infrastructu re and Information (3) If it appears to the OGA that adequate safeguards are in place, information held by the OGA may be disclosed so far as the OGA considers necessary for the purpose of giving effect to the treaty or agreement in question. ( 4 ) F o r t h e p u r p o s e s o f t h i s s e c t i o n a d e q u a t e s a f e g u a r d s a r e i n p l a c e i f t h e information exchange arrangements an d the law in force in the overseas territory are such as to ensure that information disclosed to the government of the overseas territory under this section may be disclosed by that government (a) with the consent of the govern ment of the United Kingdom, or (b) so far as necessary for the purpose of preparing and publishing reports (5) References in this section to the OGA are to the OGA acting as a representative of the government of the United King dom for the purposes of the agreement (1) In Part 4A of the Energy Act 2008 (w orks detrimental to oil, gas, carbon dioxide and pipelines), before section 82P insert— (1) The Secretary of State may charge fe es in connection with carrying out ( 2 ) T h e f e e s a r e t o b e d e t e r m i n e d b y o r i n a c c o r d a n c e w i t h r e g u l a t i o n s made by the Secretary of State. (3) The regulations may authorise the fees to be determined by or in accordance with a scheme made by the Secretary of State.” (2) In Part 4 of the Marine and Coastal Access Act 2009 (marine licences), after 110A oil and gas activities fo r which marine licence needed (1) The Secretary of State may charge fe es in connection with carrying out functions under this Part, so far as relating to oil and gas activities for which a marine licence is needed. ( 2 ) T h e f e e s a r e t o b e d e t e r m i n e d b y o r i n a c c o r d a n c e w i t h r e g u l a t i o n s made by the Secretary of State. (3) The regulations may authorise the fees to be determined by or in accordance with a scheme made by the Secretary of State. (4) If the regulations provide for de termining fees in connection with functions of the Secretary of State under section 67, the fees are to be those provided for by the regulati ons, and not those (if any) provided

for by regulations under section 67 (2) or determined under section (5) “Oil and gas activities” are activities which relate to operations regulated under any of the provisions listed in subsection (6). (a) section 2 of the Petroleum (Production) Act 1934 (searching and boring for, and getting, petroleum); (b) Part 1 of the Petroleum Act 1998 (searching and boring for, and (c) Part 3 of the Petroleum Act 1998 (submarine pipelines); (d) Part 4 of the Petroleum Act 1998 (abandonment of offshore (e) Part 1 of the Energy Act 2008 (gas importation and storage); (f) Part 4 of the Energy Act 2008 (oil and gas).
(7) See Chapter 1 for when a marine licence is needed for activities.” (1) A fee charged by the Secretary of State at any time before the date on which this Act is passed (“the relevant time”) is taken to have been lawfully charged if the condition in subsection (2) is met. (2) The condition is that the fee was charged in connection with carrying out functions under any of the provisions listed in subsection (3), as the provision in question had effect at the relevant time. (a) Part 4A of the Energy Act 2008 (works detrimental to oil, gas, carbon dioxide and pipelines); (b) Part 4 of the Marine and Coastal Access Act 2009 (marine licences), so far as relating to oil and gas activities for which a marine licence under (c) the Merchant Shipping (Oil Pollution Preparedness, Response and Co- operation Convention) Regulations 1998 (S.I. 1998/1056); (d) the Offshore Petroleum Producti on and Pipe-lines (Assessment of Environmental Effects) Regulations 1999 (S.I. 1999/360); (e) the Offshore Petroleum Activi ties (Conservation of Habitats) Regulations 2001 (S.I. 2001/1754). (4) “Oil and gas activities” are activities which relate to operations regulated under any of the provisions listed in subsection (5). (a) section 2 of the Petroleum (Production) Act 1934 (searching and boring (b) Part 1 of the Petroleum Act 1998 (sea rching and boring for, and getting, (c) Part 3 of the Petroleum Act 1998 (submarine pipelines); (d) Part 4 of the Petroleum Act 1998 (abandonment of offshore (e) Part 1 of the Energy Act 2008 (gas importation and storage);

(f) Part 4 of the Energy Act 2008 (oil and gas). (6) See Chapter 1 of Part 4 of the Marine and Coastal Access Act 2009 for when a marine licence under that Part is needed for activities. Consent under Electricity Act 1989 78 Onshore wind generating stations in England and Wales In section 36 of the Electricity Act 1989 (consent of Secretary of State required for construction or extension of genera ting stations), after subsection (1C) “(1D) Subsection (1) does not apply to an English or Welsh onshore wind (1E) “English or Welsh onshore wind generating station” means a (a) generates electricity from wind, and (b) is situated in England or Wales, but not in waters in or adjacent to England or Wales up to the se award limits of the territorial 79 Onshore wind closure of renewables obligation (1) In Part 1 of the Electricity Act 1989 (electricity supply), after section 32LB “32LC Onshore wind generating closure of renewables obligation (1) No renewables obligation certificates are to be issued under a renewables obligation order in respect of electricity generated after the onshore wind closure date by an onshore wind generating station. (2) Subsection (1) does not apply to electricity generated in the circumstances set out in any one or more of sections 32LD to 32LL. (3) In this section and sections 32LD to 32LL— “the onshore wind closure date ” means the date on which the “onshore wind generating station” means a generating station (a) generates electricity from wind, and (b) is situated in England, Wales or Scotland, but not in waters in or adjacent to England, Wales or Scotland up to the seaward limits of the territorial sea. (4) The reference in subsec tion (1) to a renewables obligation order is to any renewables obligation order made under section 32 (whenever made, and whether or not made by the Secretary of State). (5) Power to make provision in a renewables obligation order or a renewables obligation closure order (and any provision contained in such an order) is subject to subsection (1) and sections 32LD to 32LL. (6) This section is not otherwise to be taken as affecting power to make provision in a renewables obligati on order or renewables obligation (2) The Renewables Obligation Closure Or der 2014 (S.I. 2014/2388) is amended as (3) In article 2(1) (interpretation), afte r the definition of “network operator” ““onshore wind generating station” means a generating station (a) generates electricity from wind, and (b) is situated in England, Wales or Scotland, but not in waters in or adjacent to England, Wales or Scotland up to the seaward limits of the territorial sea;”. (4) In article 3 (closure of renewables obligation on 31st March 2017)— (a) in the heading, after “solar pv stations” insert “or onshore wind (b) in paragraph (1), after “solar pv station” insert “or an onshore wind 80 Onshore wind circumstances in wh ich certificates may be issued after (1) Part 1 of the Electricity Act 1989 (ele ctricity supply) is amended as follows.
(2) After section 32LC (inserted by section 79 of this Act) insert— “32LD Onshore wind generating stations accredited, or additional capacity added, on or before the onshore wind closure date The circumstances set out in this section are where the electricity is— (a) generated by an onshore wind generating station which was accredited on or before the onshore wind closure date, and (i) the original capacity of the station, or (ii) additional capacity which in the Authority’s view first formed part of the station on or before the onshore wind 32LE Onshore wind generating stations accredited, or additional capacity added, in the year after the onshore wind closure grid or radar The circumstances set out in this section are where the electricity is— (a) generated using the original capacity of an onshore wind

(i) which was accredited during the period beginning immediately after the onshore wind closure date and ending with the first anniv ersary of the onshore wind (ii) in respect of which the grid or radar delay condition is (b) generated using a dditional capacity of an onshore wind (i) the station was accredited on or before the onshore wind (ii) in the Authority’s view, th e additional capacity first formed part of the station during the period beginning immediately after the onshore wind closure date and ending with the first anniv ersary of the onshore wind (iii) the grid or radar delay condition is met in respect of the 32LF Onshore wind generating stations accredited, or additional capacity added, on or before 31 March 2017: approved development condition The circumstances set out in this section are where the electricity is— (a) generated using the original capacity of an onshore wind (i) which was accredited on or before 31 March 2017, and (ii) in respect of which the approved development (b) generated using a dditional capacity of an onshore wind (i) the station was accredited on or before the onshore wind (ii) in the Authority’s view, th e additional capacity first formed part of the station on or before 31 March 2017, (iii) the approved development condition is met in respect of 32LG Onshore wind generating stations accredited, or additional capacity added, between 1 April 2017 and 31 March 2018: grid or radar delay The circumstances set out in this section are where the electricity is— (a) generated using the original capacity of an onshore wind (i) which was accredited during the period beginning with 1 April 2017 and ending with 31 March 2018, (ii) in respect of which the approved development (iii) in respect of which the gr id or radar delay condition is (b) generated using a dditional capacity of an onshore wind

(i) the station was accredited on or before the onshore wind (ii) in the Authority’s view, th e additional capacity first formed part of the station during the period beginning with 1 April 2017 and ending with 31 March 2018, (iii) the approved development condition is met in respect of (iv) the grid or radar delay condition is met in respect of the 32LH Onshore wind generating stations accredited, or additional capacity added, between 1 April 2017 and 31 January 2018: investment freezing The circumstances set out in this section are where the electricity is— (a) generated using the original capacity of an onshore wind (i) which was accredited during the period beginning with 1 April 2017 and ending with 31 January 2018, and (ii) in respect of which both the approved development condition and the investment freezing condition are (b) generated using a dditional capacity of an onshore wind (i) the station was accredited on or before the onshore wind (ii) in the Authority’s view, th e additional capacity first formed part of the station during the period beginning with 1 April 2017 and ending with 31 January 2018, and (iii) both the approved development condition and the investment freezing condition are met in respect of the 32LI Onshore wind generating stations accredited, or additional capacity added, between 1 February 2018 and 31 January 2019: grid or radar The circumstances set out in this section are where the electricity is— (a) generated using the original capacity of an onshore wind (i) which was accredited during the period beginning with 1 February 2018 and ending with 31 January 2019, (ii) in respect of which both the approved development condition and the investment freezing condition are (iii) in respect of which the gr id or radar delay condition is (b) generated using a dditional capacity of an onshore wind (i) the station was accredited on or before the onshore wind (ii) in the Authority’s view, th e additional capacity first formed part of the station during the period beginning with 1 February 2018 and ending with 31 January 2019,

(iii) both the approved development condition and the investment freezing condition are met in respect of the (iv) the grid or radar delay condition is met in respect of the 32LJ The approved development condition (1) This section applies for the purposes of sections 32LF to 32LI. (2) The approved development conditio n is met in respect of an onshore wind generating station if the documents specified in subsections (4), (5) and (6) were provided to the Authority with the application for (3) The approved development condition is met in respect of additional capacity if the documents specified in subsections (4), (5) and (6) were provided to the Authority on or before the date on which the Authority made its decision that the additional capacity could form part of an onshore wind generating station.
(4) The documents specified in this subsection are— (i) planning permission for the station or additional capacity was granted on or before 18 June 2015, and (ii) any conditions as to the time period within which the development to which the pe rmission relates must be (i) planning permission for the station or additional capacity was refused on or before 18 June 2015, but granted after that date following an appeal or judicial (ii) any conditions as to the time period within which the development to which the pe rmission relates must be (i) an application for 1990 Act permission or 1997 Act permission was made on or be fore 18 June 2015 for the station or additional capacity, (ii) the period allowed under se ction 78(2) of the 1990 Act or (as the case may be) section 47(2) of the 1997 Act ended on or before 18 June 20 15 without any of the things mentioned in section 78(2)(a) to (b) of the 1990 Act or section 47(2)(a) to (c) of the 1997 Act being done in (iii) the application was not referred to the Secretary of State, Welsh Ministers or Scottish Ministers in accordance with directions given under section 77 of the 1990 Act or (iv) 1990 Act permission or 1997 Act permission was granted after 18 June 2015 following an appeal, and (v) any conditions as to the time period within which the development to which the pe rmission relates must be begun have not been breached, or

(d) a declaration by the operator of the station that, to the best of the operator’s knowledge and belief, planning permission is not required for the station or additional capacity. (5) The documents specified in this subsection are— (a) a copy of an offer from a lic ensed network operator made on or before 18 June 2015 to carry ou t grid works in relation to the station or additional capacity, and evidence that the offer was accepted on or before that date (whether or not the acceptance was subject to any conditions or other terms), or (b) a declaration by the operator of the station that, to the best of the operator’s knowledge and belief, no grid works were required to be carried out by a licensed network operator in order to enable the station to be commissioned or the additional capacity (6) The documents specified in this subsection are a declaration by the operator of the station that, to the best of the operator’s knowledge and belief, as at 18 June 2015 a re levant developer of the station or additional capacity (or a person connected, within the meaning of section 1122 of the Corporation Tax Act 2010, with a relevant developer of the station or additional capacity)— (a) was an owner or lessee of th e land on which the station or additional capacity is situated, (b) had entered into an agreement to purchase or lease the land on which the station or additional capacity is situated, (c) had an option to purchase or to lease the land on which the station or additional capacity is situated, or (d) was a party to an exclusivity agreement in relation to the land on which the station or additional capacity is situated. “the 1990 Act” means the Town and Country Planning Act 1990; “1990 Act permission” means planning permission under the 1990 Act (except outline planning permission, within the meaning of “the 1997 Act” means the Town and Country Planning (Scotland) “1997 Act permission” means planning permission under the 1997 Act (except planning permission in principle, within the meaning of section 59 of that Act); “exclusivity agreement”, in relation to land, means an agreement by the owner or a lessee of the land not to permit any person (other than the persons identified in the agreement) to construct an onshore wind generating station on the land; (a) consent under section 36 of this Act, (d) development consent under the Planning Act 2008. 32LK The investment freezing condition (1) This section applies for the purposes of sections 32LH and 32LI.
(2) The investment freezing condition is met in respect of an onshore wind generating station if the documents specified in subsection (4) were provided to the Authority with the application for accreditation of the (3) The investment freezing conditio n is met in respect of additional capacity if the documents specified in subsection (4) were provided to the Authority on or before the date on which the Au thority made its decision that the additional capaci t y c o u l d f o r m p a r t o f a n o n s h o r e (4) The documents specified in this subsection are— (a) a declaration by the operator of the station that, to the best of the operator’s knowledge and belief, as at the Royal Assent date— (i) the relevant developer required funding from a recognised lender before the station could be commissioned or additional capacity could form part of (ii) a recognised lender was not prepared to provide that funding until enactment of the Energy Act 2016, because of uncertainty over whether the Act would be enacted or (iii) the station would have been commissioned, or the additional capacity would h a v e f o r m e d p a r t o f t h e station, on or before 31 March 2017 if the funding had been provided before the Royal Assent date, and (b) a letter or other document, date d on or before the date which is 28 days after the Royal Assent date, from a recognised lender confirming (whether or not the confirmation is subject to any conditions or other terms) that the lender was not prepared to provide funding in respect of the station or additional capacity until enactment of the Energy Ac t 2016, because of uncertainty over whether the Act would be enacted or its wording if “recognised lender” means a provider of debt finance which has been issued with an investment grade credit rating by a registered credit rating agency; “the Royal Assent date” means the date on which the Energy Act (6) For the purposes of the definition of “recognised lender” in subsection “investment grade credit rating” means a credit rating commonly understood by registered credit rating agencies to be “registered credit rating agency ” means a credit rating agency registered in accordance with Regulation (EC) No 1060/2009 of the European Parliament and the Council of 16 September 2009 32LL The grid or radar delay condition (1) This section applies for the purposes of sections 32LE, 32LG and 32LI. (2) The grid or radar delay condition is met in respect of an onshore wind generating station if, on or before the date on which the Authority made its decision to accredit the station, the documents specified in subsection (4), (5) or (6) were— (a) submitted by the operator of the station, and (b) received by the Authority. (3) The grid or radar de lay condition is met in respect of additional capacity if, on or before the date on which the Au thority made its decision that the additional capaci t y c o u l d f o r m p a r t o f a n o n s h o r e wind generating station, the documents specified in subsection (4), (5) (a) submitted by the operator of the station, and (b) received by the Authority.
(4) The documents specified in this subsection are— (a) evidence of an agreement wi th a network operator (“the relevant network operator”) to carry out grid works in relation to the station or additional capacity (“the relevant grid works”); (b) a copy of a document written by, or on behalf of, the relevant network operator which estimated or set a date for completion of the relevant grid works (“the planned grid works completion date”) which was no later than the primary date; (c) a letter from the relevant network operator confirming (whether or not such confirmation is subject to any conditions (i) the relevant grid works were completed after the planned grid works completion date, and (ii) in the relevant network oper ator’s opinion, the failure to c o m p l e t e t h e r e l e v a n t g r i d w o r k s o n o r b e f o r e t h e planned grid works completion date was not due to any breach by a generating station developer of any agreement with the relevant network operator; and (d) a declaration by the operator of the station that, to the best of the operator’s knowledge and belief, the station would have been commissioned, or the additional capacity would have formed part of the station, on or before the primary date if the relevant grid works had been completed on or before the planned grid (5) The documents specified in this subsection are— (a) evidence of an agreement between a generating station developer and a person who is not a generating station developer (“the radar works agreement”) for the carrying out of radar works (“the relevant radar works”); (b) a copy of a document written by, or on behalf of, a party to the radar works agreement (other than a generating station developer) which estimated or se t a date for completion of the relevant radar works (“the planned radar works completion date”) which was no later than the primary date; (c) a letter from a party to the ra dar works agreement (other than a generating station developer) confirming, whether or not such confirmation is subject to any conditions or other terms, that—

(i) the relevant radar works were completed after the planned radar works completion date, and (ii) in that party’s opinion, the failure to complete the relevant radar works on or before the planned radar works completion date was not due to any breach of the radar works agreement by a generating station (d) a declaration by the operator of the station that, to the best of the operator’s knowledge and belief, the station would have been commissioned, or the additional capacity would have formed part of the station, on or before the primary date if the relevant radar works had been completed on or before the planned radar (6) The documents specified in this subsection are— (a) the documents specified in subsection (4)(a), (b) and (c); (b) the documents specified in subs ection (5)(a), (b) and (c); and (c) a declaration by the operator of the station that, to the best of the operator’s knowledge and belief, the station would have been commissioned, or the additional capacity would have formed part of the station, on or before the primary date if— (i) the relevant grid works had been completed on or before the planned grid works completion date, and (ii) the relevant radar works had been completed on or before the planned radar works completion date.
(7) In this section “the primary date” means— (a) in a case within section 32LE(a )(i) or (b)(i) and (ii), the onshore (b) in a case within section 32LG(a)(i ) and (ii) or (b)(i) to (iii), 31 (c) in a case within section 32LI(a )(i) and (ii) or (b)(i) to (iii), 31 (3) In section 32M (interpretation of sections 32 to 32M)— (a) in subsection (1), for “32LB” substitute “32LL”; (b) at the appropriate places in sert the following definitions— ““accredited”, in relation to an onshore wind generating station, means accredited by the Authority as a generating station which is capable of generating electricity from renewable sources; and “accredit” and “accreditation” are to be construed accordingly;”; ““additional capacity”, in re lation to an onshore wind generating station, means any generating capacity which does not form part of the original capacity of the ““commissioned”, in relati on to an onshore wind generating station, means having completed such procedures and tests in relation to the station as constitute, at the time they are undertaken, the usual industry standards and pr actices for commissioning that type of generating station in order to demonstrate that it is capable of commercial operation;”;

““generating station developer”, in relation to an onshore wind generating station or additional capacity, means— (a) the operator of the station, or (b) a person who arranged for the construction of the station or additional capacity;”; ““grid works”, in relation to an onshore wind generating (a) the construction of a connection between the station and a transmission or distribution system for the purpose of enabling electricity to be conveyed from the station to the system, or (b) the carrying out of modifications to a connection between the station and a transmission or distribution system for the purpose of enabling an increase in the amount of electricity that can be conveyed over that connection from the ““licensed network operator” means a distribution licence holder or a transmission licence holder;”; ““network operator” means a distribution exemption holder, a distribution licenc e holder or a transmission ““the onshore wind closure date” has the meaning given ““onshore wind generating station” has the meaning given ““original capacity”, in re lation to an onshore wind generating station, means the generating capacity of the (a) the construction of a radar station, (b) the installation of radar equipment, (c) the carrying out of modifications to a radar station or radar equipment, or (d) the testing of a radar station or radar ““relevant developer”, in re lation to an onshore wind generating station or additional capacity, means a (a) applied for planning permission for the station (b) arranged for grid works to be carried out in relation to the station or additional capacity, (c) arranged for the construction of any part of the station or additional capacity, (d) constructed any part of the station or additional (e) operates, or proposes to operate, the station;”. 81 Onshore wind use of Northern Ireland certificates (1) The Electricity Act 1989 is amended as follows. (2) Before section 32M insert— “32LM Use of Northern Ireland onshore wind power (1) The Secretary of State may make regulations providing that an electricity supplier may not discharge its renewables obligation (or its obligation in relation to a particul ar period) by the production to the Authority of a relevant Northern Ir eland certificate, except in the circumstances, and to the extent, specified in the regulations. (2) A “relevant Northern Ireland ce rtificate” is a Northern Ireland certificate issued in respect of el ectricity generated after the onshore wind closure date (or any later date specified in the regulations)— (a) using the original capacity of a Northern Ireland onshore wind generating station accredited after the onshore wind closure date (or any later date so specified), or (b) using additional capacity of a Northern Ireland onshore wind generating station, where in the Authority’s view the additional capacity first formed part of the station after the onshore wind closure date (or any later date so specified). “NIRO Order” means any order made under Articles 52 to 55F of the Energy (Northern Ireland) Order 2003; “Northern Ireland certificate” means a renewables obligation certificate issued by the Northe rn Ireland auth ority under the Energy (Northern Ireland) Order 2003 and pursuant to a NIRO “Northern Ireland onshore wind generating station” means a (a) generates electricity from wind, and (b) is situated in Northern Irel and, but not in waters in or adjacent to Northern Ireland up to the seaward limits of (4) Power to make provision in a rene wables obligation order by virtue of section 32F (and any provision contained in such an order) is subject to provision contained in regulations under this section. (5) This section is not otherwise to be taken as affecting power to make provision in a renewables obligation order. (6) Regulations under this section may amend a renewables obligation (7) Section 32K applies in relation to regulations under this section as it applies in relation to a renewables obligation order.” (3) In section 32M (interpretation)— (a) in subsection (1), for “32LB” substitute “32LM”; (b) in subsection (7), for “32L” substitute “32LM”. (1) A power to make regulations under this Act is exercisable by statutory (2) A power to make regulations under this Act includes power— (a) to make different provision for di fferent purposes (including areas); (b) to make provision generally or in relation to specific cases. (3) A power to make regula tions under this Act (except the power conferred by section 84) includes power to make in cidental, consequential, supplemental, transitional or transitory provision or savings. (4) A statutory instrument containing— (a) regulations under section 2 which amend or repeal any Act or (b) regulations under section 45(7), (c) regulations under section 63(6) or, (d) regulations under section 66(1), may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(5) A statutory instrument containing any other regulations under this Act is subject to annulment in pursuance of a resolution of either House of (6) Subsection (5) does not apply to a statutory instrument containing regulations 83 Regulations and disapplication of requirements to consult the OGA (1) This section applies where the Secretary of State is required by this Act, the Petroleum Act 1998 or the Energy Ac t 2008 to consult the OGA before exercising a power to make regulations or an order. (2) The requirement does not apply in relation to the first exercise of the power in the period of one year be ginning with the date on which section 1 comes into (1) Sections 79 to 81 and this Part come into force on the day on which this Act is (2) Part 4 comes into force two months afte r the day on which this Act is passed. (3) The remaining provis ions of this Act come into force on such day or days as the Secretary of State may by regulations appoint. (4) Regulations under subsection (3) ma y include transition al or transitory

(1) This Act may be cited as the Energy Act 2016. (2) An amendment (other than an amendm ent of Part 1A of the Petroleum Act 1998) or repeal made by this Act has the same extent as the provision to which (3) Subject to subsection (2), this Act ex tends to the whole of the United Kingdom. Schedule 1 — Transfer of functions to the OGA 1 The Energy Act 1976 is amended as follows. 2 (1) Section 12 (disposal of gas by fl aring, etc) is amended as follows. (2) After subsection (2) insert— “(2A) Disposal of gas by flaring, or by releasing it unignited into the atmosphere, does not require consent under this section if consent— (a) is required under section 12A (disposal of gas by flaring (b) would be required under that section but for subsection (3) of (3) At the end of the heading insert “: Secretary of State’s functions”. “12A Disposal of gas by flaring, OGA’s functions (1) The OGA’s consent is required for natural gas to be disposed of (whether at source or elsewhere)— (a) by flaring, or by releasing it unignited into the atmosphere, from anything that for the purp oses of section 82(1) of the Energy Act 2011 is a relevant oil processing facility or a relevant gas processing facility, or (b) by releasing it unignited into the atmosphere in connection with activities carried out under a licence granted under— (i) section 3 of the Petroleum Act 1998, or (ii) section 2 of the Petrol eum (Production) Act 1934. (2) This section applies to all natural gas of the United Kingdom, whether obtained there or in territorial waters, or in areas designated under the Continental Shelf Act 1964, except gas conveyed through pipes to premises by a gas transpor ter within the meaning of Part 1 (3) Disposal of gas does not requir e consent under this section if—

Schedule 1 — Transfer of functions to the OGA (a) it is necessary in order to redu ce or avoid the risk of injury to (b) the risk could not reasonably have been foreseen in time to reduce or avoid it otherwise than by means of the disposal, (c) it was not reasonably practica ble to obtain consent under this section in the time available. (4) A person who disposes of gas in cases where the consent of the OGA would have been required but for subsection (3) must inform the OGA of that disposal as soon as practicable after the disposal takes (5) The OGA’s consent under this section— (a) may be given only by reference to particular cases, and (b) may be made subject to conditions which may, in particular, be framed by reference to the description or origin of the gas, or the quantities to be disposed of. 12B Sanctions for failure to comply with section 12A (1) The requirements imposed by su bsections (1) and (4) of section 12A are to be treated for the purposes of Chapter 5 of Part 2 of the Energy Act 2016 (power of the OGA to impose sanctions) as petroleum- (2) But the OGA may not give an enforcement notice, a revocation notice or an operator removal notice under that Chapter by virtue of this 4 (1) Section 18 (administration, enforcement and offences) is amended as (2) In subsection (2)(a), for “9 and 12” substitute “9, 12 and 12A”. (a) in paragraph (a), for “9 or 12 ” substitute “9, 12 or 12A”, and (b) in paragraph (b), after “Secretary of State” insert “or the OGA”. 5 In section 21 (interpretation), after th e definition of “natural gas” insert— ““the OGA” means the Oil and Gas Authority;”. 6 The Petroleum Act 1998 is amended as follows. 7 In section 9A(2) (principal objective an d the strategy), for “Secretary of State” 8 In section 9B (exercise of certain functions)— (a) for “Secretary of State” (includi ng in the heading) substitute “OGA”, (b) in paragraph (b), omit the words fr om “to the extent” to the end, and (c) after paragraph (c) insert— “(ca) exercising functions unde r Part 2 of the Energy Act

Schedule 1 — Transfer of functions to the OGA “9BA Exercise of certain functions of the Secretary of State (1) The Secretary of State must ac t in accordance with the current strategy or strategies when exer cising the functions mentioned in (2) Those functions are functions unde r Part 4 to the extent that they concern reduction of the costs of abandonment of offshore installations and subm arine pipelines (including the reduction of such costs by means of the ti ming of measur es proposed in abandonment programmes and by the inclusion in such programmes of provision for collaboration with other persons).” 11 (1) Section 9E (security and resilien ce functions) is amended as follows.
(2) In subsection (1), for “Secretary of State’s” substitute “OGA’s”. (3) In subsection (2), for “Secreta ry of State” substitute “OGA”. (4) In the heading, for “Secretary of State’s” substitute “OGA’s”. 12 (1) Section 9F (producing and revisi ng a strategy) is amended as follows. (3) For subsection (2) substitute— “(2) After the first strategy ha s been produced, the OGA may— (a) produce a new strategy, or (b) revise a current strategy, whenever the OGA thinks appropriate.” (4) In subsection (3), for “Secreta ry of State” substitute “OGA”. 13 (1) Section 9G (procedure for producing and revising a strategy) is amended as (b) for “Secretary of St ate” substitute “OGA”. (3) In subsection (2), for “Secretary of State” (in both places) substitute “OGA”. (4) For subsection (3) substitute— “(3) If, after complying with that duty, the OGA decides to proceed with the draft (in its original form or with modifications), the OGA must send the draft to the Secretary of State. (3A) The Secretary of State must either— (a) lay a copy of the draft before each House of Parliament, or (b) return the draft to the OG A and publish the Secretary of

Schedule 1 — Transfer of functions to the OGA (3B) The Secretary of State may return the draft to the OGA only if the Secretary of State thinks that— (a) the OGA has failed to comply with subsection (2), or (b) the strategy will not enable th e principal objective to be met.” (5) In subsection (4), for “The Secretary of State” substitute “Where a copy of the draft has been laid in accordance with subsection (3A)(a), the OGA”. (6) In subsection (5), for “Secreta ry of State” substitute “OGA”. (7) In subsection (6), for “Secreta ry of State” substitute “OGA”. 14 In section 14(1) (construction and use of pipelines), for “Secretary of State” 15 In section 15 (authorisations), for “Secretary of State” (in each place) 16 In section 16 (compulsory modificati ons of pipelines), for “Secretary of State” (in each place) substitute “OGA”. 17 (1) Section 17 (acquisition of rights to use pipelines) is amended as follows. (2) In subsection (1), for “Secreta ry of State” substitute “OGA”. (a) for “Secretary of Stat e” substitute “OGA”, and (a) for “Secretary of State” (in bo th places) substitute “OGA”, and (5) In subsection (5), for “Secreta ry of State” substitute “OGA”. (6) In subsection (7), for “Secreta ry of State” substitute “OGA”. (a) for “Secretary of Stat e” substitute “OGA”, and 18 (1) Section 17F (acquisition of rights to use controlled pe troleum pipelines) is (2) In subsection (2), for “Secreta ry of State” substitute “OGA”. (3) In subsection (5), for “Secreta ry of State” substitute “OGA”. (a) for “Secretary of Stat e” substitute “OGA”, and (a) for “Secretary of State” (in ea ch place) substitute “OGA”, and (6) In subsection (8), for “Secreta ry of State” substitute “OGA”. (a) for “Secretary of State” (in bo th places) substitute “OGA”, and

Schedule 1 — Transfer of functions to the OGA (8) In subsection (10), for “Secreta ry of State” substitute “OGA”. 19 (1) Section 17G (section 17F: supplemental) is amended as follows. (a) for “Secretary of State” (in bo th places) substitute “OGA”, and (b) for “himself” substitute “itself”. (a) for “Secretary of Stat e” substitute “OGA”, and (b) for “him” substitute “it”. (a) for “Secretary of St ate” substitute “OGA”, (b) for “he” substitute “it”, and (c) for “him” substitute “it”. (5) In subsection (6), for “Secreta ry of State” substitute “OGA”. (a) for “Secretary of Stat e” substitute “OGA”, and (7) In subsection (8), for “Secreta ry of State” substitute “OGA”. 20 (1) Section 17GA (control led petroleum pipeline su bject to Norwegian access system) is amended as follows. (2) In subsection (2), for “Secreta ry of State” substitute “OGA”. (a) for “Secretary of State” (in bo th places) substitute “OGA”, and (b) in paragraph (a), for “he” substitute “it”. (4) In subsection (6), for “Secreta ry of State” substitute “OGA”. (5) In subsection (7), for “Secreta ry of State” substitute “OGA”. (6) In subsection (8), for “he is ob liged to do so under the Framework Agreement, the Secretary of State shall make his” substitute “the Framework Agreement so requires, the OGA shall make its”. 21 (1) Section 17GB (section 17GA: su pplemental) is amended as follows. (a) for “Secretary of Stat e” substitute “OGA”, and (b) for “him” substitute “it”. (a) for “Secretary of St ate” substitute “OGA”, (b) for “he is required to do so” substitute “the disclosure is required”, 22 (1) Section 18 (termination of authorisations) is amended as follows. (2) In subsection (1)(b), for “Secre tary of State” substitute “OGA”. Schedule 1 — Transfer of functions to the OGA (a) for “Secretary of Stat e” substitute “OGA”, and (4) In subsection (3)(b), for “Secre tary of State” substitute “OGA”. (a) for “Secretary of Stat e” substitute “OGA”, and (a) for “Secretary of State” (in bo th places) substitute “OGA”, and (b) for “he” (in each place) substitute “it”. (7) In subsection (6), for “Secretary of State” (in both places) substitute “OGA”. (a) for “Secretary of Stat e” substitute “OGA”, and (b) for “him” substitute “it”. (9) In subsection (8), for “Secretary of State” (in both places) substitute “OGA”. (a) for “Secretary of Stat e” substitute “OGA”, and 2 3 ( 1 ) S e c t i o n 1 9 ( v e s t i n g o f p i p e l i n e s o n t e r m i n a t i o n o r s u b s e q u e n t i s s u e o f authorisations) is amended as follows. (2) In subsection (1), for “Secreta ry of State” substitute “OGA”. (a) for “Secretary of State” (in ea ch place) substitute “OGA”, and (b) for “he” substitute “the OGA”. 24 (1) Section 20 (inspectors etc) is amended as follows.
(2) For subsection (1) substitute— “(1) The OGA may appoint, as inspectors to assist it in the execution of this Part of this Act, such number of persons appearing to it to be qualified for the purpose as it considers appropriate from time to (3) In subsection (2)(a)(ii), for “Secre tary of State” substitute “OGA”. 25 (1) Section 21 (enforceme nt) is amended as follows. (2) In subsection (1)(c), for “Secre tary of State” substitute “OGA”. (3) In subsection (2), for “Secreta ry of State” substitute “OGA”. (4) In subsection (3), for “Secreta ry of State” substitute “OGA”. (a) for “Secretary of State” (in bo th places) substitute “OGA”, and (6) In subsection (5), for “Secretary of State” (in each place) substitute “OGA”. Schedule 1 — Transfer of functions to the OGA 26 In section 25 (orders and regulati ons), for subsection (1) substitute— “(1) Before making any order or regula tions under this Part of this Act, the Secretary of State must consult— (b) in the case of regulations, such organisations in the United Kingdom as the Secretary of State considers are representative of persons who will be affected by the 27 In section 28(1) (interpretation of Pa rt 3), for the definition of “heard” (a) in relation to section 27, he ard on behalf of the Secretary of State by a person appointed by the Secretary of State for the (b) otherwise, heard on behalf of the OGA by a person appointed 28 In section 45A (abandoned wells), for “Secretary of State” (in each place) 29 In section 46(1) (Northern Ireland an d I s l e o f M a n s h a r e s o f p e t r o l e u m revenue), for “Secretary of State” (in each place) substitute “OGA”. 30 (1) Section 47A (factors to take in to account) is amended as follows. (a) for “Secretary of State” (in bo th places) substitute “OGA”, and (b) for “him” substitute “it”. (3) In subsection (2A), for “Secreta ry of State” substitute “OGA”. (4) In the heading, for “Secretary of State” substitute “OGA”. 31 In section 48 (interpretation), after subsection (1) insert— “(1A) In this Act “the OGA” means the Oil and Gas Authority.” 32 (1) Schedule 2 (authorisations) is amended as follows. (a) for “Secretary of State” (in ea ch place) substitute “OGA”, and (b) in paragraph (b), for “his” substitute “its”. (a) for “Secretary of State” (i n each place) substitute “OGA”, (b) for “his” substi tute “its”, and 33 (1) Paragraph 4 is amended as follows. (a) for “Secretary of St ate” substitute “OGA”, (b) for “his” substi tute “its”, and (c) for “him” substitute “it”. Schedule 1 — Transfer of functions to the OGA (a) for “Secretary of State” (in ea ch place) substitute “OGA”, and (b) for “his” substitute “its”. (a) for “Secretary of St ate” substitute “OGA”, (b) for “his” substi tute “its”, and 34 (1) Paragraph 5 is amended as follows. (a) for “Secretary of State” (i n both places) substitute “OGA”, (b) for “his opinion he” substi tute “its opinion it”, and (c) for “he thinks” substitute “it thinks”. (a) for “Secretary of State” (in bo th places) substitute “OGA”, and (b) for “his opinion, he” su bstitute “its opinion, it”. 35 In paragraph 6, for “Secretary of St ate” (in both places) substitute “OGA”. (a) for “Secretary of State” (in ea ch place) substitute “OGA”, and 37 (1) Paragraph 8 is amended as follows. (a) for “Secretary of State” (in bo th places) substitute “OGA”, and (a) for “Secretary of St ate” substitute “OGA”, (b) for “he” (in the first pl ace) substitute “it”, and (c) in paragraph (b), for the words fo llowing “notice in” substitute “such manner as it considers appropriate”. 38 (1) Paragraph 9 is amended as follows. (2) In sub-paragraph (1), for “Secre tary of State” substitute “OGA”. (3) In sub-paragraph (2), for “Secretary of State” (in each place) substitute (4) For sub-paragraph (3) substitute— “(3) The OGA shall publish a copy of the notice in such manner as it (a) for “Secretary of State” (in ea ch place) substitute “OGA”, and (b) for the words from “he shall” to “which he” substitute “it shall publish, in such manner as it”. Schedule 1 — Transfer of functions to the OGA 40 (1) Section 188 of the Energy Act 2004 (p ower to impose charges to fund energy functions) is amended as follows. (2) In subsection (7), omit para graphs (b), (h), (m) and (n). (3) In subsection (8), omit pa ragraphs (da), (db) and (f). (4) In subsection (12), in the substitute d subsection (7A)(b), for “mentioned in subsection (8)(db)” (in bo th places) substitute “f or which a licence under Chapter 3 of Part 1 of the Energy Act 2008 is required”. 41 The Energy Act 2008 is amended as follows. 42 In section 4(1) (licences), for “Sec retary of State” substitute “OGA”. 43 (1) Section 5 (applications) is amended as follows. (2) The existing provision becomes subsection (1). (3) In that subsection , omit paragraph (e). (4) After that subsection insert— “(2) Before making any re gulations under this se ction, the Secretary of 44 In section 6 (terms and conditions), fo r “Secretary of State” (in each place) 45 (1) Section 7 (model clauses) is amended as follows. (2) In subsection (3), for “Secreta ry of State” substitute “OGA”. (3) After that subsection insert— “(4) Before making any re gulations under this se ction, the Secretary of 46 (1) Section 9 (offences relating to licences) is amended as follows. (2) In subsection (1)(a), for “Secre tary of State” substitute “OGA”. (3) In subsection (3)(b), for “Secre tary of State” substitute “OGA”. (4) In subsection (4)(b), for “Secre tary of State” substitute “OGA”. 47 In section 10 (power of direction), fo r “Secretary of State” (in each place, including in the heading) substitute “OGA”.
48 In section 12 (injunctions restraining br eaches of section 2(1)), for “Secretary of State” (in each place) substitute “OGA”. 49 (1) Section 13 (inspectors) is amended as follows. (2) In subsection (1), for “Secretary of State” (in both places) substitute “OGA”. (4) In subsection (3)(b), for “Secre tary of State” substitute “OGA”. Schedule 1 — Transfer of functions to the OGA (5) After subsection (5) insert— “(6) Before making any re gulations under this se ction, the Secretary of 50 In section 14(5) (proceedings for offence created by regulations under section 13), omit paragraph (b) and the word “and” immediately before it. 51 In section 15 (interaction with pe troleum licensing requirements), for “Secretary of State” (in each place) substitute “OGA”. 52 In section 16 (interpretation), at the end insert— ““the OGA” means the Oil and Gas Authority.” 53 In section 18(2) (licences: the licensing authority), for “Secretary of State” (in 54 In section 19 (requirements relating to grant of licences), after subsection (2) “(2A) Where the licensing authority is the OGA— (a) regulations under subsection ( 1 ) a r e t o b e m a d e b y t h e Secretary of State (and not by the OGA), (b) the Secretary of State must consult the OGA before making (c) subsection (2)(d) does not apply.” 55 In section 21 (content of re gulations), after subsection (2) insert— “(2A) Where the licensing authority is the OGA— (a) regulations under subsection ( 1 ) a r e t o b e m a d e b y t h e Secretary of State (and not by the OGA), and (b) the Secretary of State must consult the OGA before making 56 In section 26 (injunctions restrain ing breaches of section 17(1)), for “Secretary of State” (in each place) substitute “OGA”. 57 (1) Section 27 (inspectors) is amended as follows. (2) For subsections (1 ) and (2) substitute— “(1) The following may appoint persons to act as inspectors to assist in carrying out their respective functions under this Chapter— (d) the Department of Enterp rise, Trade and Investment in (2) The following may make paymen ts, by way of remuneration or otherwise, to inspectors appointed by them under this section— (c) the Department of Enterp rise, Trade and Investment in (3) In subsection (3)(b), for “Secre tary of State” substitute “OGA”. Schedule 1 — Transfer of functions to the OGA (a) for “This section applies” substitu te “Subsections (3) to (5) apply”, (b) for “it applies” substitute “they apply”, and (c) at the end insert “(reading the reference to the OGA in subsection (3)(b) as a reference to the Secretary of State)”. 58 In section 28(5) (proceedings for offence created by regulations under section 27), at the beginning of paragraph (b) insert “except in the case of an offence that relates to functions of the OGA under this Chapter,”. 59 In section 29 (requirement for pu blic register) at the end insert— “(8) The OGA must provide to the Secretary of State any information held by it that is required by the Secretary of State in order to comply with the requirements imposed by this section.” 60 In section 31 (termination of regulations), after subsection (3) “(3A) Where the licensing authority is the OGA— (a) regulations under this section are to be made by the Secretary of State (and not by the OGA), and (b) the Secretary of State must consult the OGA before making 61 In section 33 (enhanced petroleum power to make orders), after “(1A) Before making an order under subsection (1), the Secretary of State 62 In section 35(1) (interpretation), after the definition of “offshore UK- ““the OGA” means the Oil and Gas Authority.” 63 The Energy Act 2011 is amended as follows. 64 In section 82 (acquisition of rights to use upstream petroleum infrastructure), for “Secretary of State” (in each place) substitute “OGA”. 65 (1) Section 83 (power to give notice under section 82(11) on own initiative) is (2) In subsection (2), for “Secretary of State may on his or her” substitute “OGA (3) In subsection (3), for “Secretary of State” (in both places) substitute “OGA”. (4) In subsection (4), for “Secreta ry of State” substitute “OGA”. (5) In subsection (5)(d), for “Secre tary of State” substitute “OGA”. (6) In the heading, for “Secretary of State” substitute “OGA”. 66 In section 84 (compulsory modi fication of upstream petroleum infrastructure), for “Secretary of State” (in each place) substitute “OGA”. Schedule 1 — Transfer of functions to the OGA 67 In section 85 (variation of notices under sections 82 and 84), for “Secretary of State” (in each place) substitute “OGA”. 68 In section 86 (publication of notices and variations), for “Secretary of State” (in each place) substitute “OGA”. 69 In section 87 (powers to require inform ation), for “Secretary of State” (in each place, including in the heading) substitute “OGA”. 70 (1) Section 88 (enforceme nt) is amended as follows. (2) In subsection (1), for “Secretary of State” (in each place) substitute “OGA”. (3) In subsection (9), for “Secreta ry of State” substitute “OGA”. 71 In section 89 (minor, consequential and supplemental provision), for “Secretary of State” (in both places) substitute “OGA”. 72 In section 90(1) (interpretation), after the definition of “gas processing ““the OGA” means the Oil and Gas Authority;”. 73 The Infrastructure Act 2015 is amended as follows. 74 Omit section 42 (levy on holders of certain energy industry licences). 75 In section 55(4)(b) (statu tory instruments subject to affirmative procedure), 76 Omit Schedule 7 (the licensing levy). Storage of Carbon Dioxide (Licensing etc) Regulations 2010 77 The Storage of Carbon Dioxide (Licensi ng etc) Regulations 2010 (S.I. 2010/ 78 In regulation 1(3) (interpretation), in the definition of “the authority”, for “Secretary of State” substitute “Oil and Gas Authority”. 79 In regulation 3(1)(a) (applications fo r a licence), for “Department of Energy and Climate Change” substitute “Oil and Gas Authority”.
80 In paragraph 2(3)(a) of Schedule 1 (application for consent to close storage site), for “Department of Energy and Climate Change” substitute “Oil and Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015 81 In regulation 2(1) (interpretation) of the Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015 (S.I. 2015/385), in the definition of “licensing authority”, for “Secre tary of State for Energy and Climate Change” substitute “Oil and Gas Authority”. Schedule 2 — Abandonment of offshore installations 1 Part 4 of the Petroleum Act 1998 (abandonment of offshore installations) is “28A Restriction on abandonment (1) A person to whom a notice ma y be given under section 29(1) in relation to an offshore installati on or submarine pipeline may not abandon, or begin or continue the decommissioning of, the installation or pipeline unless an abandonment programme approved by the Secretary of Stat e has effect in relation to the (2) A person who without reasonable excuse contravenes subsection (1) 3 (1) Section 29 (preparation of programmes) is amended as follows. (2) After subsection (1) insert— “(1A) The power to give a notice un der subsection (1) is exercisable— (a) on the Secretary of State’s own motion, or (b) at the request of any person to whom the notice may be given (whether or not the notice is given to that person).” (3) After subsection (2) insert— “(2A) A person to whom a notice under subsection (1) is given— (a) must consult the OGA before submitting the abandonment programme to the Secretary of State, and (b) must frame the programme so as to ensure (whether by means of the timing of the measures proposed, the inclusion of provision for collaborati on with other persons, or o t h e r w i s e ) t h a t t h e c o s t o f c a r r y i n g i t o u t i s k e p t t o t h e minimum that is reasonably practicable in the circumstances. (2B) When consulted under paragraph (a) of subsection (2A) the OGA must (in particular) consider and advise on— (a) alternatives to abandoni ng or decommissioning the installation or pipeline, such as re-using or preserving it, and (b) how to comply with paragraph (b) of that subsection.” (4) In subsection (3), afte r “such” insert “other”. 4 (1) Section 32 (approval of programmes) is amended as follows. (2) After subsection (2) insert— “(2A) The modifications or conditions may (in particular) include (a) which are intended (whether by means of the timing of the measures proposed, the in clusion of provision for

Schedule 2 — Abandonment of offshore installations collaboration with other persons, or otherwise) to reduce the total cost of carrying out the programme, provided that they do not increase the total costs to be met by any person who is to be subject to obligations under the programme or under any other abandonment programme; (b) requiring the persons who su bmitted the programme to carry out and publish or make available to the Secretary of State and the OGA a review of the programme and its implementation including, where relevant, recommendations as to the contents and implementation of future abandonment programmes.” “(6) Before reaching a decision under this section the Secretary of State (b) take into account the cost of carrying out the programme that has been submitted and whether it is possible to reduce that cost by modifying the programme or making it subject to (7) When consulted under subsecti on (6)(a), the OGA must (in particular) consider and advise on— (a) alternatives to abandoni ng or decommissioning the installation or pipeline, such as re-using or preserving it, and (b) whether section 29(2A)(b) has been complied with and, if it has not been, modifications or conditions that would enable 5 In section 33 (failure to submit prog ramme), after subsection (3) insert— “(3A) When preparing an abandonment programme under this section the (b) frame the programme so as to ensure (whether by means of the timing of the measures proposed, the inclusion of provision for collaboration with other persons, or otherwise) that the cost of carrying it out is kept to the minimum that is reasonably practicable in the circumstances. (3B) When consulted unde r paragraph (a) of subs ection (3A), the OGA must (in particular) consider and advise on— (a) alternatives to abandoni ng or decommissioning the installation or pipeline, such as re-using or preserving it, and (b) how to comply with the requ irement in paragraph (b) of that 6 (1) Section 34 (revision of programmes) is amended as follows. (2) After subsection (4) insert— “(4A) A person who makes a proposal un der subsection (1) that is likely to have an effect on the cost of carrying out the programme must frame it so as to ensure (whether by means of the timing of the measures proposed, the inclusion of provis ion for collaboration with other persons, or otherwise) that the cost of carrying out the programme as

Schedule 2 — Abandonment of offshore installations proposed to be altered is kept to the minimum that is reasonably practicable in the circumstances. (4B) Where the Secretary of State makes a proposal under subsection (1)(a) the purpose of which is to reduce the total cost of carrying out a programme, the proposal may not increase the total costs to be met b y a n y p e r s o n w h o i s t o b e s ubject to obligations under the programme or under any other abandonment programme.” (3) After subsection (7) insert— “(7A) If it appears to the Secretary of State that what is proposed under subsection (1) is likely to have an effect on the cost of carrying out the programme, the Secretary of State must, before making a determination under subsection (7)— (b) take that effect into account.
(7B) When consulted under subsec tion (7A)(a) the OGA must (in particular) consider and advise on— (a) alternatives to abandoni ng or decommissioning the installation or pipeline, such as re-using or preserving it, and (b) whether subsection (4A) applies and, if so, whether it has (1) This section applies where an abandonment programme approved by the Secretary of State includes provision by virtue of which the (2) A person who proposes to ma ke an amendment under such a provision that is likely to have an effect on the cost of carrying out the programme must frame the amendment so as to ensure (whether by means of the timing of the meas ures proposed, the inclusion of provision for collaboration with other persons, or otherwise) that the cost of carrying out the programme as proposed to be amended is kept to the minimum that is reasonably practicable in the (3) If it appears to the person who proposes to make the amendment that subsection (2) applies, the pers on must consult the OGA before (4) When consulted under subsection (3) the OGA must (in particular) (a) alternatives to abandoni ng or decommissioning the installation or pipeline, such as re-using or preserving it, and (b) whether subsection (2) applies and, if so, whether it has been (5) Any person who has the functi on of approving amendments made under a provision mentioned in subsection (1) must, when exercising the function, take into account the effect of the proposed amendment on the cost of carrying out the programme.”

Schedule 2 — Abandonment of offshore installations “36A Reduction of costs of carrying out programmes (1) This section applies where an abandonment programme approved by the Secretary of State has effect in relation to an installation or (2) The Secretary of State may, for the purpose of reducing the total cost of carrying out the programme, by written notice require any person who submitted the programme to take, or refrain from taking, action of a description specified in the notice. (3) The notice may, in particular, require— (a) changes to the times at whic h the measures pr oposed in the programme are to be carried out; (b) the persons who are under a duty to secure that the programme is carried out to collaborate with other persons. (4) The programme, and any condition to which it is subject, has effect subject to any notice given under this section. (5) A notice given under this section may not increase the total costs to be met by any person who is to be subject to obligations under the programme or under any other abandonment programme. (6) The Secretary of State may not give a notice to a person under this section without first giving the person an opportunity to make written representation as to whether the notice should be given. (7) A person to whom a notice is given under this section who without r e a s o n a b l e e x c u s e f a i l s t o c o m p l y w i t h t h e n o t i c e i s g u i l t y o f a n (8) If a notice under this section is not complied with, the Secretary of (a) do anything necessary to give effect to the notice, and (b) recover from the person to whom the notice was given any expenditure incurred under paragraph (a). (9) A person liable to pay any sum to the Secretary of State by virtue of subsection (8) must also pay inte rest on that sum for the period beginning with the day on which th e Secretary of State notified the person of the sum payable and ending with the date of payment. (10) The rate of interest payable in a ccordance with subsection (9) is a rate determined by the Secretary of State as comparable with commercial 9 In section 37 (default in carrying out programmes), after subsection (1) “(1A) If it appears to the Secretary of State that the proposed remedial action is likely to have an effect on the cost of carrying out the programme, the Secretary of State must— (a) consult the OGA before giving a notice under subsection (1),

Schedule 2 — Abandonment of offshore installations (b) take that effect into account when deciding whether to give (1B) When consulted under subsection (1A)(a), the OGA must consider and advise on the likely effect of the proposed remedial action on the cost of carrying out the programme.” 10 In section 40 (offences: penalties)— (a) after “section” insert “28A,”, and (b) after “33,” insert “36A,”. 11 (1) Section 41 (offences: gene ral) is amended as follows. (a) after “section” insert “28A,”, and (b) after “33,” insert “36A,”. (a) after “section” insert “28A,”, and (b) after “33,” insert “36A,”. (a) after “section” insert “28A,”, and (b) after “33,” insert “36A,”. (5) In subsection (5), after “s ection” insert “28A, 36A or”. 12 (1) Section 42 (validity of Secretary of State’s acts) is amended as follows. (2) In subsection (2), after paragraph (e) insert— “(ea) the giving of a notice under section 36A(2);”. (3) In subsection (5), after paragraph (e) insert— “(ea) in relation to the giving of a notice under section 36A(2), means the requirements of section 36A(6);”. 13 (1) Section 30 of the Energy Act 2008 (abandonment of carbon storage installations) is amended as follows. (2) In subsection (1), after “subsections” insert “(1A),”.
(3) After that subsection insert— “(1A) For the purposes of subsection (1), the amendments made to Part 4 of the 1998 Act by Schedule 2 to the Energy Act 2016 are to be (4) For subsection (4A) substitute— “(4A) The power in subsection (4)— (a) may (in particular) be exer cised to make modifications corresponding to the amendments made by Schedule 2 to the (b) is subject to section 30A.” Printed in the UK by The Stationery OYce Limited under the authority and superintendence of Carol Tullo, Controller of Her Majesty’s Stationery OYce and Queen’s Printer of Acts of Parliament

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