Petroleum Act 1998

Changes over time for: Section 4

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4 Licences: further provisions.U.K.

(1)The [F1appropriate Minister] shall make regulations prescribing—

(a)the manner in which and the persons by whom applications for licences under this Part of this Act may be made;

(b)the information to be included in or provided in connection with any such application;

(c)the fees to be paid on any such application;

(d)the conditions as to the size and shape of areas in respect of which licences may be granted;

(e)model clauses which shall, unless [F2the appropriate authority] thinks fit to modify or exclude them in any particular case, be incorporated in any such licence.

[F3(1A)The Scottish Ministers [F4or the Welsh Ministers] may not make regulations under subsection (1)(e) prescribing model clauses that may be prescribed under subsection (1B).

(1B)The Secretary of State may make regulations prescribing model clauses on the consideration payable for a licence granted by the Scottish Ministers [F5or the Welsh Ministers], and the following so far as they relate to such consideration—

(a)the measurement of petroleum obtained from the licenced area (including the facilitation of such measurement);

(b)the keeping of accounts;

(c)cancellation of a licence by the Secretary of State if there has been a failure to pay consideration or to comply with a clause on a matter falling within paragraph (a) or (b).

(1C)Model clauses prescribed under subsection (1B) shall, unless the Secretary of State thinks fit to modify or exclude them in any particular case, be incorporated in any licence granted by the Scottish Ministers [F6or the Welsh Ministers].]

(2)Different regulations may be made for different kinds of licence.

(3)[F7 Any regulations made by the Secretary of State ] shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F8(3ZA)Before making regulations under this section the Secretary of State must consult the OGA.]

[F9(3A)Any regulations made by the Scottish Ministers shall be subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).]

[F10(3B)Any regulations made by the Welsh Ministers shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.]

(4)As soon as practicable after granting a licence under section 3, the [F11OGA] shall publish notice of the fact in [F12such manner as it thinks appropriate] stating—

(a)the name of the licensee; and

(b)the situation of the area in respect of which the licence has been granted,

F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F14(4A)As soon as practicable after granting a licence under section 3, the Scottish Ministers shall publish notice of the fact in the Edinburgh Gazette stating—

(a)the name of the licensee; and

(b)the situation of the area in respect of which the licence has been granted.]

[F15(4B)As soon as practicable after granting a licence under section 3, the Welsh Ministers shall publish notice of the fact in such manner as they think appropriate stating—

(a)the name of the licensee; and

(b)the situation of the area in respect of which the licence has been granted.]

(5)Any information which the Commissioners of Inland Revenue possess in connection with petroleum won by virtue of a licence granted under section 3—

(a)may be disclosed by the Commissioners to the Secretary of State, or to an officer of his who is authorised by him to receive such information, in connection with provisions of the licence relating to royalty payments; but

(b)shall not be disclosed by a person to whom it is disclosed under paragraph (a) except—

(i)as authorised by the licence;

(ii)to a person to whom it could have been disclosed under paragraph (a); or

(iii)for the purposes of proceedings (which may be arbitration proceedings) in connection with the licence.

Textual Amendments

F1Words in s. 4(1) substituted (9.2.2018) by Scotland Act 2016 (c. 11), ss. 48(6), 72(4)(c); S.I. 2018/163, reg. 2(b)

F2Words in s. 4(1)(e) substituted (9.2.2018) by The Petroleum (Transfer of Functions) Regulations 2016 (S.I. 2016/898), regs. 1(3), 3(3)(a) (with reg. 2); S.I. 2018/163, reg. 2(b)

F3S. 4(1A)-(1C) inserted (9.2.2018) by Scotland Act 2016 (c. 11), ss. 48(7), 72(4)(c); S.I. 2018/163, reg. 2(b)

F4Words in s. 4(1A) inserted (1.10.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 15(2) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 4(b)

F5Words in s. 4(1B) inserted (1.10.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 15(2) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 4(b)

F6Words in s. 4(1C) inserted (1.10.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 15(2) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 4(b)

F7Words in s. 4(3) substituted (9.2.2018) by Scotland Act 2016 (c. 11), ss. 48(8), 72(4)(c); S.I. 2018/163, reg. 2(b)