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The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016

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Offshore Gas Storage and Unloading (Licensing) Regulations 2009

This section has no associated Explanatory Memorandum

14.—(1) The Offshore Gas Storage and Unloading (Licensing) Regulations 2009(1) are amended as follows.

(2) For regulation 2 (applications for licences under section 4), substitute—

Applications for licences under section 4

2.  An application for a licence must be made in writing..

(3) After regulation 3 (model clauses for gas storage licences) insert—

Review

4.(1) The Secretary of State must from time to time—

(a)carry out a review of these Regulations;

(b)set out the conclusions of the review in a report; and

(c)publish the report.

(2) The report must in particular—

(a)set out the objectives intended to be achieved by these Regulations;

(b)assess the extent to which those objectives are achieved;

(c)assess whether those objectives remain appropriate, and if so, the extent to which they could be achieved in a less burdensome way.

(3) The first report under this regulation must be published before the end of the period of five years beginning with the day on which this regulation comes into force.

(4) Subsequent reports under this regulation must be published at intervals not exceeding five years..

(4) The Schedule (model clauses) is amended as follows.

(5) In clause 1(1) (interpretation), after the definition of “the Minister” insert—

“the OGA” means the Oil and Gas Authority;.

(6) In clause 3 (term of licence), for “Minister” (in each place) substitute “OGA”.

(7) In clause 4 (extension of exploration period), for “Minister” (in each place) substitute “OGA”.

(8) In clause 5 (right of licensee to terminate licence) for “Minister” (in both places) substitute “OGA”.

(9) In clause 6 (provision of contact details)—

(a)in the heading, for “Minister” substitute “OGA”;

(b)for “Minister” (in each place) substitute “OGA”.

(10) In clause 7 (working obligations)—

(a)in paragraph (2), for “Minister” (in both places) substitute “OGA”;

(b)in paragraph (4), for “Minister” (in each place) substitute “OGA”;

(c)in paragraph (5), for “Minister” (in both places) substitute “OGA”;

(d)in paragraph (6), for “Minister” (in each place) substitute “OGA”;

(e)in paragraph (7)—

(i)for “Minister” substitute “OGA”;

(ii)for “he” (in each place) substitute “it”;

(f)in paragraph (8), for “Minister” substitute “OGA”.

(11) In clause 8 (development plans), for “Minister” (in both places) substitute “OGA”.

(12) In clause 9 (commencement and abandonment and plugging of wells)—

(a)in paragraph (1), for “Minister” substitute “OGA”;

(b)in paragraph (2), for “Minister” substitute “OGA”;

(c)in paragraph (4)—

(i)for “Minister” substitute “OGA”;

(ii)for “Minister’s” substitute “OGA’s”;

(d)in paragraph (5), for “Minister” substitute “OGA”;

(e)in paragraph (6), for “Minister” substitute “OGA”;

(f)in paragraph (11), for “Minister” substitute “OGA”;

(g)in paragraph (12), for “Minister” (in both places) substitute “OGA”;

(h)in paragraph (13), for “Minister” substitute “OGA”.

(13) In clause 10 (control of development wells), for “Minister” (in each place) substitute “OGA”.

(14) In clause 12(2) (avoidance of harmful methods of working and ensuring security of supply), after “Minister” insert “or the OGA”.

(15) In clause 13 (appointment of operators), for “Minister” (in each place) substitute “OGA”.

(16) In clause 15 (training), after “Minister” (in each place) insert “or the OGA”.

(17) In clause 16 (licensee to keep records), for “Minister” (in each place) substitute “OGA”.

(18) In clause 17(1) (returns), for “Minister” (in both places) substitute “OGA”.

(19) In clause 18 (licensee to keep samples)—

(a)in paragraph (2)—

(i)in sub-paragraph (a), for “Minister” substitute “OGA”;

(ii)in sub-paragraph (b)—

(aa)for “Minister or any person authorised by him” substitute “OGA”;

(bb)for “he” substitute “it”;

(cc)at the end of the sub-paragraph, for “him” substitute “it”;

(b)in paragraph (3)—

(i)in the words before sub-paragraph (a), for “Minister or any person authorised by him” substitute “OGA”;

(ii)in sub-paragraph (a)—

(aa)for “he” substitute “it”;

(bb)for “him” substitute “it”.

(20) In clause 19 (reports to be treated as confidential)—

(a)in the words before paragraph (a), after “employment of the” insert “OGA or the”;

(b)in paragraph (a), for “Minister” (in both places) substitute “OGA”;

(c)in paragraph (b), for “Minister” substitute “OGA”;

(d)in paragraph (c), for “Minister” substitute “OGA”;

(e)in paragraph (d)—

(i)for “Minister” (in each place) substitute “OGA”;

(ii)in sub-paragraph (iii), for “him” substitute “it”.

(21) In clause 20(a) (inspection of records)—

(a)omit “in the service or employment of the Crown”;

(b)for “Minister” (in both places) substitute “OGA”.

(22) In clause 21 (power to execute works), for “Minister” (in both places) substitute “OGA”.

(23) In clause 22 (rights of access)—

(a)in the words before paragraph (a), after “Minister” insert “or the OGA”;

(b)in paragraph (b), for “Minister” substitute “OGA”.

(24) In clause 23 (transfer of licence), for “Minister” substitute “OGA”.

(25) In clause 24 (revocation of licence), for “Minister” (in each place) substitute “OGA”.

(26) In clause 25 (power of partial revocation), for “Minister” (in both places) substitute “OGA”.

(27) In clause 26 (arbitration)—

(a)in paragraphs (1) and (2), after “Minister” (in each place) insert “or the OGA”;

(b)in paragraph (5), after “Minister” insert “or the OGA (as applicable)”.

(28) In clause 28 (relationship with fishing industry)—

(a)in paragraph (1)(b)—

(i)for “Minister” substitute “OGA”;

(ii)for “him” substitute “it”;

(b)in paragraph (2), for “Minister” (in both places) substitute “OGA”.

(29) In clause 29 (discovery of petroleum), for “Minister” (in each place) substitute “OGA”.

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