Schedules
Schedule 21Petroleum licences: amendments to model clauses
Part 1Petroleum (Production) (Landward Areas) Regulations 1995
I1I1221
In the Petroleum (Production) (Landward Areas) Regulations 1995 (S.I. 1995/1436), Schedule 3 (model clauses for petroleum exploration and development licences in landward areas) is amended as follows.
I2I712
After clause 37 insert—
Change in control of Licensee37A
1
This clause applies if—
a
the Licensee is a company, or
b
where two or more persons are the Licensee, any of those persons is a company,
and references in this clause to a company are to such a company.
2
A change in control of a company is not permitted without the consent of the Oil and Gas Authority (“the OGA”).
3
There is a “change in control” of a company if a person takes control of the company, not having previously been a person who controlled the company.
4
If a change in control of a company is contemplated, the company must apply in writing to the OGA for consent at least three months before the date on which it is proposed that the change would occur (if consent were given).
5
The OGA may—
a
consent to the change in control unconditionally,
b
consent to the change in control subject to conditions, or
c
refuse consent to the change in control.
6
If the OGA proposes to grant consent subject to any condition or to refuse consent, the OGA must, before making a final decision—
a
give the company an opportunity to make representations, and
b
consider any representations that are made.
7
The general rule is that the OGA must decide an application within three months of receiving it, but the OGA may delay its decision by notifying the interested parties in writing.
8
Conditions as mentioned in paragraph (5)(b) may be imposed on the person taking control of the company (as well as on the company), and may include—
a
conditions relating to the arrangements for the change in control, including the date by which it must occur,
b
conditions relating to the performance of activities permitted by this licence, and
c
financial conditions.
9
The OGA’s decision on the application, and any conditions as mentioned in paragraph (5)(b), must be notified in writing to the interested parties.
10
In this clause “the interested parties” means—
a
the company,
b
the person who (if consent were granted) would take control of the company, and
c
if the company and another person or persons are the Licensee, that other person or those other persons.
11
For the purposes of this clause, the question of whether a person has control of a company is to be determined in accordance with the test set out in clause 37(4).
I3I723
1
Clause 38 (power of revocation) is amended as follows.
2
In paragraph (2)—
a
after sub-paragraph (i) insert—
j
if the Licensee is a company, any breach of a condition subject to which the Oil and Gas Authority gave its consent to a change in control of the Licensee (see clause 37A);
k
if the Licensee is a company, any failure to provide full and accurate information in response to a notice given by the Oil and Gas Authority to that company under section 5D of the Petroleum Act 1998;
b
in the closing words, after “(g)” insert “or (j) or (k)”
.
3
Omit paragraphs (3) to (5).
I4I734
1
Clause 38A (power of partial revocation) is amended as follows.
2
For paragraph (1) substitute—
1
This clause applies in a case where two or more persons are the Licensee and—
a
an event mentioned in clause 38(2)(c), (d), (e) or (g) occurs in relation to one of those persons;
b
an event mentioned in clause 38(2)(b) occurs which consists of a breach of clause 37A(2) or (4) in relation to a change in control of one of those persons;
c
an event mentioned in clause 38(2)(j) occurs in relation to a change in control of one of those persons (see clause 37A); or
d
an event mentioned in clause 38(2)(k) occurs which consists of a failure by one of those persons as mentioned in that provision.
3
In paragraph (2), for “or (b)” substitute “, (b), (c) or (d)”
.
Part 2Petroleum (Current Model Clauses) Order 1999
I5I1235Introduction
The Petroleum (Current Model Clauses) Order 1999 (S.I. 1999/160) is amended in accordance with this Part of this Schedule.
Part 2 of Schedule 2
I6I1246
I7I747
After clause 38 insert—
38AChange in control of Licensee
1
This clause applies if—
a
the Licensee is a company, or
b
where two or more persons are the Licensee, any of those persons is a company,
and references in this clause to a company are to such a company.
2
A change in control of a company is not permitted without the consent of the Oil and Gas Authority (“the OGA”).
3
There is a “change in control” of a company if a person takes control of the company, not having previously been a person who controlled the company.
4
If a change in control of a company is contemplated, the company must apply in writing to the OGA for consent at least three months before the date on which it is proposed that the change would occur (if consent were given).
5
The OGA may—
a
consent to the change in control unconditionally,
b
consent to the change in control subject to conditions, or
c
refuse consent to the change in control.
6
If the OGA proposes to grant consent subject to any condition or to refuse consent, the OGA must, before making a final decision—
a
give the company an opportunity to make representations, and
b
consider any representations that are made.
7
The general rule is that the OGA must decide an application within three months of receiving it, but the OGA may delay its decision by notifying the interested parties in writing.
8
Conditions as mentioned in paragraph (5)(b) may be imposed on the person taking control of the company (as well as on the company), and may include—
a
conditions relating to the arrangements for the change in control, including the date by which it must occur,
b
conditions relating to the performance of activities permitted by this licence, and
c
financial conditions.
9
The OGA’s decision on the application, and any conditions as mentioned in paragraph (5)(b), must be notified in writing to the interested parties.
10
In this clause “the interested parties” means—
a
the company,
b
the person who (if consent were granted) would take control of the company, and
c
if the company and another person or persons are the Licensee, that other person or those other persons.
11
For the purposes of this clause, the question of whether a person has control of a company is to be determined in accordance with the test set out in clause 38(4).
I8I758
1
Clause 39 (power of revocation) is amended as follows.
2
In paragraph (2)—
a
after sub-paragraph (i) insert—
j
if the Licensee is a company, any breach of a condition subject to which the Oil and Gas Authority gave its consent to a change in control of the Licensee (see clause 38A);
k
if the Licensee is a company, any failure to provide full and accurate information in response to a notice given by the Oil and Gas Authority to that company under section 5D of the Act of 1998;
b
in the closing words, after “(g)” insert “or (j) or (k)”
.
3
Omit paragraphs (3) to (5).
I9I769
1
Clause 39A (power of partial revocation) is amended as follows.
2
For paragraph (1) substitute—
1
This clause applies in a case where two or more persons are the Licensee and—
a
an event mentioned in clause 39(2)(c), (d), (e) or (g) occurs in relation to one of those persons;
b
an event mentioned in clause 39(2)(b) occurs which consists of a breach of clause 38A(2) or (4) in relation to a change in control of one of those persons;
c
an event mentioned in clause 39(2)(j) occurs in relation to a change in control of one of those persons (see clause 38A); or
d
an event mentioned in clause 39(2)(k) occurs which consists of a failure by one of those persons as mentioned in that provision.
3
In paragraph (2), for “or (b)” substitute “, (b), (c) or (d)”
.
Part 2 of Schedule 3
I10I12510
I11I7711
After clause 36 insert—
36AChange in control of Licensee
1
This clause applies if—
a
the Licensee is a company, or
b
where two or more persons are the Licensee, any of those persons is a company,
and references in this clause to a company are to such a company.
2
A change in control of a company is not permitted without the consent of the Oil and Gas Authority (“the OGA”).
3
There is a “change in control” of a company if a person takes control of the company, not having previously been a person who controlled the company.
4
If a change in control of a company is contemplated, the company must apply in writing to the OGA for consent at least three months before the date on which it is proposed that the change would occur (if consent were given).
5
The OGA may—
a
consent to the change in control unconditionally,
b
consent to the change in control subject to conditions, or
c
refuse consent to the change in control.
6
If the OGA proposes to grant consent subject to any condition or to refuse consent, the OGA must, before making a final decision—
a
give the company an opportunity to make representations, and
b
consider any representations that are made.
7
The general rule is that the OGA must decide an application within three months of receiving it, but the OGA may delay its decision by notifying the interested parties in writing.
8
Conditions as mentioned in paragraph (5)(b) may be imposed on the person taking control of the company (as well as on the company), and may include—
a
conditions relating to the arrangements for the change in control, including the date by which it must occur,
b
conditions relating to the performance of activities permitted by this licence, and
c
financial conditions.
9
The OGA’s decision on the application, and any conditions as mentioned in paragraph (5)(b), must be notified in writing to the interested parties.
10
In this clause “the interested parties” means—
a
the company,
b
the person who (if consent were granted) would take control of the company, and
c
if the company and another person or persons are the Licensee, that other person or those other persons.
11
For the purposes of this clause, the question of whether a person has control of a company is to be determined in accordance with the test set out in clause 36(3).
I12I7812
1
Clause 37 (power of revocation) is amended as follows.
2
In paragraph (2)—
a
after sub-paragraph (i) insert—
j
if the Licensee is a company, any breach of a condition subject to which the Oil and Gas Authority gave its consent to a change in control of the Licensee (see clause 36A);
k
if the Licensee is a company, any failure to provide full and accurate information in response to a notice given by the Oil and Gas Authority to that company under section 5D of the Act of 1998;
b
in the closing words, after “(g)” insert “or (j) or (k)”
.
3
Omit paragraphs (3) to (5).
I13I7913
1
Clause 37A (power of partial revocation) is amended as follows.
2
For paragraph (1) substitute—
1
This clause applies in a case where two or more persons are the Licensee and—
a
an event mentioned in clause 37(2)(c), (d), (e) or (g) occurs in relation to one of those persons;
b
an event mentioned in clause 37(2)(b) occurs which consists of a breach of clause 36A(2) or (4) in relation to a change in control of one of those persons;
c
an event mentioned in clause 37(2)(j) occurs in relation to a change in control of one of those persons (see clause 36A); or
d
an event mentioned in clause 37(2)(k) occurs which consists of a failure by one of those persons as mentioned in that provision.
3
In paragraph (2), for “or (b)” substitute “, (b), (c) or (d)”
.
Part 2 of Schedule 4
I14I12614
I15I8015
After clause 37 insert—
37AChange in control of Licensee
1
This clause applies if—
a
the Licensee is a company, or
b
where two or more persons are the Licensee, any of those persons is a company,
and references in this clause to a company are to such a company.
2
A change in control of a company is not permitted without the consent of the Oil and Gas Authority (“the OGA”).
3
There is a “change in control” of a company if a person takes control of the company, not having previously been a person who controlled the company.
4
If a change in control of a company is contemplated, the company must apply in writing to the OGA for consent at least three months before the date on which it is proposed that the change would occur (if consent were given).
5
The OGA may—
a
consent to the change in control unconditionally,
b
consent to the change in control subject to conditions, or
c
refuse consent to the change in control.
6
If the OGA proposes to grant consent subject to any condition or to refuse consent, the OGA must, before making a final decision—
a
give the company an opportunity to make representations, and
b
consider any representations that are made.
7
The general rule is that the OGA must decide an application within three months of receiving it, but the OGA may delay its decision by notifying the interested parties in writing.
8
Conditions as mentioned in paragraph (5)(b) may be imposed on the person taking control of the company (as well as on the company), and may include—
a
conditions relating to the arrangements for the change in control, including the date by which it must occur,
b
conditions relating to the performance of activities permitted by this licence, and
c
financial conditions.
9
The OGA’s decision on the application, and any conditions as mentioned in paragraph (5)(b), must be notified in writing to the interested parties.
10
In this clause “the interested parties” means—
a
the company,
b
the person who (if consent were granted) would take control of the company, and
c
if the company and another person or persons are the Licensee, that other person or those other persons.
11
For the purposes of this clause, the question of whether a person has control of a company is to be determined in accordance with the test set out in clause 37(3).
I16I8116
1
Clause 38 (power of revocation) is amended as follows.
2
In paragraph (2)—
a
after sub-paragraph (i) insert—
j
if the Licensee is a company, any breach of a condition subject to which the Oil and Gas Authority gave its consent to a change in control of the Licensee (see clause 37A);
k
if the Licensee is a company, any failure to provide full and accurate information in response to a notice given by the Oil and Gas Authority to that company under section 5D of the Act of 1998;
b
in the closing words, after “(g)” insert “or (j) or (k)”
.
3
Omit paragraphs (3) to (5).
I17I8217
1
Clause 38A (power of partial revocation) is amended as follows.
2
For paragraph (1) substitute—
1
This clause applies in a case where two or more persons are the Licensee and—
a
an event mentioned in clause 38(2)(c), (d), (e) or (g) occurs in relation to one of those persons;
b
an event mentioned in clause 38(2)(b) occurs which consists of a breach of clause 37A(2) or (4) in relation to a change in control of one of those persons;
c
an event mentioned in clause 38(2)(j) occurs in relation to a change in control of one of those persons (see clause 37A); or
d
an event mentioned in clause 38(2)(k) occurs which consists of a failure by one of those persons as mentioned in that provision.
3
In paragraph (2), for “or (b)” substitute “, (b), (c) or (d)”
.
Part 2 of Schedule 5
I18I12718
I19I8319
After clause 39 insert—
39AChange in control of Licensee
1
This clause applies if—
a
the Licensee is a company, or
b
where two or more persons are the Licensee, any of those persons is a company,
and references in this clause to a company are to such a company.
2
A change in control of a company is not permitted without the consent of the Oil and Gas Authority (“the OGA”).
3
There is a “change in control” of a company if a person takes control of the company, not having previously been a person who controlled the company.
4
If a change in control of a company is contemplated, the company must apply in writing to the OGA for consent at least three months before the date on which it is proposed that the change would occur (if consent were given).
5
The OGA may—
a
consent to the change in control unconditionally,
b
consent to the change in control subject to conditions, or
c
refuse consent to the change in control.
6
If the OGA proposes to grant consent subject to any condition or to refuse consent, the OGA must, before making a final decision—
a
give the company an opportunity to make representations, and
b
consider any representations that are made.
7
The general rule is that the OGA must decide an application within three months of receiving it, but the OGA may delay its decision by notifying the interested parties in writing.
8
Conditions as mentioned in paragraph (5)(b) may be imposed on the person taking control of the company (as well as on the company), and may include—
a
conditions relating to the arrangements for the change in control, including the date by which it must occur,
b
conditions relating to the performance of activities permitted by this licence, and
c
financial conditions.
9
The OGA’s decision on the application, and any conditions as mentioned in paragraph (5)(b), must be notified in writing to the interested parties.
10
In this clause “the interested parties” means—
a
the company,
b
the person who (if consent were granted) would take control of the company, and
c
if the company and another person or persons are the Licensee, that other person or those other persons.
11
For the purposes of this clause, the question of whether a person has control of a company is to be determined in accordance with the test set out in clause 39(4).
I20I8420
1
Clause 40 (power of revocation) is amended as follows.
2
In paragraph (2)—
a
after sub-paragraph (i) insert—
j
if the Licensee is a company, any breach of a condition subject to which the Oil and Gas Authority gave its consent to a change in control of the Licensee (see clause 39A);
k
if the Licensee is a company, any failure to provide full and accurate information in response to a notice given by the Oil and Gas Authority to that company under section 5D of the Act of 1998;
b
in the closing words, after “(g)” insert “or (j) or (k)”
.
3
Omit paragraphs (3) to (5).
I21I8521
1
Clause 40A (power of partial revocation) is amended as follows.
2
For paragraph (1) substitute—
1
This clause applies in a case where two or more persons are the Licensee and—
a
an event mentioned in clause 40(2)(c), (d), (e) or (g) occurs in relation to one of those persons;
b
an event mentioned in clause 40(2)(b) occurs which consists of a breach of clause 39A(2) or (4) in relation to a change in control of one of those persons;
c
an event mentioned in clause 40(2)(j) occurs in relation to a change in control of one of those persons (see clause 39A); or
d
an event mentioned in clause 40(2)(k) occurs which consists of a failure by one of those persons as mentioned in that provision.
3
In paragraph (2), for “or (b)” substitute “, (b), (c) or (d)”
.
Part 2 of Schedule 6
I22I12822
I23I8623
After clause 38 insert—
38AChange in control of Licensee
1
This clause applies if—
a
the Licensee is a company, or
b
where two or more persons are the Licensee, any of those persons is a company,
and references in this clause to a company are to such a company.
2
A change in control of a company is not permitted without the consent of the Oil and Gas Authority (“the OGA”).
3
There is a “change in control” of a company if a person takes control of the company, not having previously been a person who controlled the company.
4
If a change in control of a company is contemplated, the company must apply in writing to the OGA for consent at least three months before the date on which it is proposed that the change would occur (if consent were given).
5
The OGA may—
a
consent to the change in control unconditionally,
b
consent to the change in control subject to conditions, or
c
refuse consent to the change in control.
6
If the OGA proposes to grant consent subject to any condition or to refuse consent, the OGA must, before making a final decision—
a
give the company an opportunity to make representations, and
b
consider any representations that are made.
7
The general rule is that the OGA must decide an application within three months of receiving it, but the OGA may delay its decision by notifying the interested parties in writing.
8
Conditions as mentioned in paragraph (5)(b) may be imposed on the person taking control of the company (as well as on the company), and may include—
a
conditions relating to the arrangements for the change in control, including the date by which it must occur,
b
conditions relating to the performance of activities permitted by this licence, and
c
financial conditions.
9
The OGA’s decision on the application, and any conditions as mentioned in paragraph (5)(b), must be notified in writing to the interested parties.
10
In this clause “the interested parties” means—
a
the company,
b
the person who (if consent were granted) would take control of the company, and
c
if the company and another person or persons are the Licensee, that other person or those other persons.
11
For the purposes of this clause, the question of whether a person has control of a company is to be determined in accordance with the test set out in clause 38(4).
I24I8724
1
Clause 39 (power of revocation) is amended as follows.
2
In paragraph (2)—
a
after sub-paragraph (i) insert—
j
if the Licensee is a company, any breach of a condition subject to which the Oil and Gas Authority gave its consent to a change in control of the Licensee (see clause 38A);
k
if the Licensee is a company, any failure to provide full and accurate information in response to a notice given by the Oil and Gas Authority to that company under section 5D of the Act of 1998;
b
in the closing words, after “(g)” insert “or (j) or (k)”
.
3
Omit paragraphs (3) to (5).
I25I8825
1
Clause 39A (power of partial revocation) is amended as follows.
2
For paragraph (1) substitute—
1
This clause applies in a case where two or more persons are the Licensee and—
a
an event mentioned in clause 39(2)(c), (d), (e) or (g) occurs in relation to one of those persons;
b
an event mentioned in clause 39(2)(b) occurs which consists of a breach of clause 38A(2) or (4) in relation to a change in control of one of those persons;
c
an event mentioned in clause 39(2)(j) occurs in relation to a change in control of one of those persons (see clause 38A); or
d
an event mentioned in clause 39(2)(k) occurs which consists of a failure by one of those persons as mentioned in that provision.
3
In paragraph (2), for “or (b)” substitute “, (b), (c) or (d)”
.
Part 2 of Schedule 8
I26I12926
I27I8927
After clause 35 insert—
35AChange in control of Licensee
1
This clause applies if—
a
the Licensee is a company, or
b
where two or more persons are the Licensee, any of those persons is a company,
and references in this clause to a company are to such a company.
2
A change in control of a company is not permitted without the consent of the Oil and Gas Authority (“the OGA”).
3
There is a “change in control” of a company if a person takes control of the company, not having previously been a person who controlled the company.
4
If a change in control of a company is contemplated, the company must apply in writing to the OGA for consent at least three months before the date on which it is proposed that the change would occur (if consent were given).
5
The OGA may—
a
consent to the change in control unconditionally,
b
consent to the change in control subject to conditions, or
c
refuse consent to the change in control.
6
If the OGA proposes to grant consent subject to any condition or to refuse consent, the OGA must, before making a final decision—
a
give the company an opportunity to make representations, and
b
consider any representations that are made.
7
The general rule is that the OGA must decide an application within three months of receiving it, but the OGA may delay its decision by notifying the interested parties in writing.
8
Conditions as mentioned in paragraph (5)(b) may be imposed on the person taking control of the company (as well as on the company), and may include—
a
conditions relating to the arrangements for the change in control, including the date by which it must occur,
b
conditions relating to the performance of activities permitted by this licence, and
c
financial conditions.
9
The OGA’s decision on the application, and any conditions as mentioned in paragraph (5)(b), must be notified in writing to the interested parties.
10
In this clause “the interested parties” means—
a
the company,
b
the person who (if consent were granted) would take control of the company, and
c
if the company and another person or persons are the Licensee, that other person or those other persons.
11
For the purposes of this clause, the question of whether a person has control of a company is to be determined in accordance with the test set out in clause 35(3).
I28I9028
1
Clause 36 (power of revocation) is amended as follows.
2
In paragraph (2)—
a
after sub-paragraph (i) insert—
j
if the Licensee is a company, any breach of a condition subject to which the Oil and Gas Authority gave its consent to a change in control of the Licensee (see clause 35A);
k
if the Licensee is a company, any failure to provide full and accurate information in response to a notice given by the Oil and Gas Authority to that company under section 5D of the Act of 1998;
b
in the closing words, after “(g)” insert “or (j) or (k)”
.
3
Omit paragraphs (3) to (5).
I29I9129
1
Clause 36A (power of partial revocation) is amended as follows.
2
For paragraph (1) substitute—
1
This clause applies in a case where two or more persons are the Licensee and—
a
an event mentioned in clause 36(2)(c), (d), (e) or (g) occurs in relation to one of those persons;
b
an event mentioned in clause 36(2)(b) occurs which consists of a breach of clause 35A(2) or (4) in relation to a change in control of one of those persons;
c
an event mentioned in clause 36(2)(j) occurs in relation to a change in control of one of those persons (see clause 35A); or
d
an event mentioned in clause 36(2)(k) occurs which consists of a failure by one of those persons as mentioned in that provision.
3
In paragraph (2), for “or (b)” substitute “, (b), (c) or (d)”
.
Part 2 of Schedule 9
I30I13030
I31I9231
After clause 41 insert—
41AChange in control of Licensee
1
This clause applies if—
a
the Licensee is a company, or
b
where two or more persons are the Licensee, any of those persons is a company,
and references in this clause to a company are to such a company.
2
A change in control of a company is not permitted without the consent of the Oil and Gas Authority (“the OGA”).
3
There is a “change in control” of a company if a person takes control of the company, not having previously been a person who controlled the company.
4
If a change in control of a company is contemplated, the company must apply in writing to the OGA for consent at least three months before the date on which it is proposed that the change would occur (if consent were given).
5
The OGA may—
a
consent to the change in control unconditionally,
b
consent to the change in control subject to conditions, or
c
refuse consent to the change in control.
6
If the OGA proposes to grant consent subject to any condition or to refuse consent, the OGA must, before making a final decision—
a
give the company an opportunity to make representations, and
b
consider any representations that are made.
7
The general rule is that the OGA must decide an application within three months of receiving it, but the OGA may delay its decision by notifying the interested parties in writing.
8
Conditions as mentioned in paragraph (5)(b) may be imposed on the person taking control of the company (as well as on the company), and may include—
a
conditions relating to the arrangements for the change in control, including the date by which it must occur,
b
conditions relating to the performance of activities permitted by this licence, and
c
financial conditions.
9
The OGA’s decision on the application, and any conditions as mentioned in paragraph (5)(b), must be notified in writing to the interested parties.
10
In this clause “the interested parties” means—
a
the company,
b
the person who (if consent were granted) would take control of the company, and
c
if the company and another person or persons are the Licensee, that other person or those other persons.
11
For the purposes of this clause, the question of whether a person has control of a company is to be determined in accordance with the test set out in clause 41(4).
I32I9332
1
Clause 42 (power of revocation) is amended as follows.
2
In paragraph (2)—
a
after sub-paragraph (i) insert—
j
if the Licensee is a company, any breach of a condition subject to which the Oil and Gas Authority gave its consent to a change in control of the Licensee (see clause 41A);
k
if the Licensee is a company, any failure to provide full and accurate information in response to a notice given by the Oil and Gas Authority to that company under section 5D of the Act of 1998;
b
in the closing words, after “(g)” insert “or (j) or (k)”
.
3
Omit paragraphs (3) to (5).
I33I9433
1
Clause 42A (power of partial revocation) is amended as follows.
2
For paragraph (1) substitute—
1
This clause applies in a case where two or more persons are the Licensee and—
a
an event mentioned in clause 42(2)(c), (d), (e) or (g) occurs in relation to one of those persons;
b
an event mentioned in clause 42(2)(b) occurs which consists of a breach of clause 41A(2) or (4) in relation to a change in control of one of those persons;
c
an event mentioned in clause 42(2)(j) occurs in relation to a change in control of one of those persons (see clause 41A); or
d
an event mentioned in clause 42(2)(k) occurs which consists of a failure by one of those persons as mentioned in that provision.
3
In paragraph (2), for “or (b)” substitute “, (b), (c) or (d)”
.
Part 2 of Schedule 10
I34I13134
I35I9535
After clause 41 insert—
41AChange in control of Licensee
1
This clause applies if—
a
the Licensee is a company, or
b
where two or more persons are the Licensee, any of those persons is a company,
and references in this clause to a company are to such a company.
2
A change in control of a company is not permitted without the consent of the Oil and Gas Authority (“the OGA”).
3
There is a “change in control” of a company if a person takes control of the company, not having previously been a person who controlled the company.
4
If a change in control of a company is contemplated, the company must apply in writing to the OGA for consent at least three months before the date on which it is proposed that the change would occur (if consent were given).
5
The OGA may—
a
consent to the change in control unconditionally,
b
consent to the change in control subject to conditions, or
c
refuse consent to the change in control.
6
If the OGA proposes to grant consent subject to any condition or to refuse consent, the OGA must, before making a final decision—
a
give the company an opportunity to make representations, and
b
consider any representations that are made.
7
The general rule is that the OGA must decide an application within three months of receiving it, but the OGA may delay its decision by notifying the interested parties in writing.
8
Conditions as mentioned in paragraph (5)(b) may be imposed on the person taking control of the company (as well as on the company), and may include—
a
conditions relating to the arrangements for the change in control, including the date by which it must occur,
b
conditions relating to the performance of activities permitted by this licence, and
c
financial conditions.
9
The OGA’s decision on the application, and any conditions as mentioned in paragraph (5)(b), must be notified in writing to the interested parties.
10
In this clause “the interested parties” means—
a
the company,
b
the person who (if consent were granted) would take control of the company, and
c
if the company and another person or persons are the Licensee, that other person or those other persons.
11
For the purposes of this clause, the question of whether a person has control of a company is to be determined in accordance with the test set out in clause 41(4).
I36I9636
1
Clause 42 (power of revocation) is amended as follows.
2
In paragraph (2)—
a
after sub-paragraph (i) insert—
j
if the Licensee is a company, any breach of a condition subject to which the Oil and Gas Authority gave its consent to a change in control of the Licensee (see clause 41A);
k
if the Licensee is a company, any failure to provide full and accurate information in response to a notice given by the Oil and Gas Authority to that company under section 5D of the Act of 1998;
b
in the closing words, after “(g)” insert “or (j) or (k)”
.
3
Omit paragraphs (3) to (5).
I37I9737
1
Clause 42A (power of partial revocation) is amended as follows.
2
For paragraph (1) substitute—
1
This clause applies in a case where two or more persons are the Licensee and—
a
an event mentioned in clause 42(2)(c), (d), (e) or (g) occurs in relation to one of those persons;
b
an event mentioned in clause 42(2)(b) occurs which consists of a breach of clause 41A(2) or (4) in relation to a change in control of one of those persons;
c
an event mentioned in clause 42(2)(j) occurs in relation to a change in control of one of those persons (see clause 41A); or
d
an event mentioned in clause 42(2)(k) occurs which consists of a failure by one of those persons as mentioned in that provision.
3
In paragraph (2), for “or (b)” substitute “, (b), (c) or (d)”
.
Part 2 of Schedule 13
I38I13238
I39I9839
After clause 32 insert—
32AChange in control of Licensee
1
This clause applies if—
a
the Licensee is a company, or
b
where two or more persons are the Licensee, any of those persons is a company,
and references in this clause to a company are to such a company.
2
A change in control of a company is not permitted without the consent of the Oil and Gas Authority (“the OGA”).
3
There is a “change in control” of a company if a person takes control of the company, not having previously been a person who controlled the company.
4
If a change in control of a company is contemplated, the company must apply in writing to the OGA for consent at least three months before the date on which it is proposed that the change would occur (if consent were given).
5
The OGA may—
a
consent to the change in control unconditionally,
b
consent to the change in control subject to conditions, or
c
refuse consent to the change in control.
6
If the OGA proposes to grant consent subject to any condition or to refuse consent, the OGA must, before making a final decision—
a
give the company an opportunity to make representations, and
b
consider any representations that are made.
7
The general rule is that the OGA must decide an application within three months of receiving it, but the OGA may delay its decision by notifying the interested parties in writing.
8
Conditions as mentioned in paragraph (5)(b) may be imposed on the person taking control of the company (as well as on the company), and may include—
a
conditions relating to the arrangements for the change in control, including the date by which it must occur,
b
conditions relating to the performance of activities permitted by this licence, and
c
financial conditions.
9
The OGA’s decision on the application, and any conditions as mentioned in paragraph (5)(b), must be notified in writing to the interested parties.
10
In this clause “the interested parties” means—
a
the company,
b
the person who (if consent were granted) would take control of the company, and
c
if the company and another person or persons are the Licensee, that other person or those other persons.
11
For the purposes of this clause, the question of whether a person has control of a company is to be determined in accordance with the test set out in clause 32(3).
I40I9940
1
Clause 33 (power of revocation) is amended as follows.
2
In paragraph (2)—
a
after sub-paragraph (h) insert—
i
if the Licensee is a company, any breach of a condition subject to which the Oil and Gas Authority gave its consent to a change in control of the Licensee (see clause 32A);
j
if the Licensee is a company, any failure to provide full and accurate information in response to a notice given by the Oil and Gas Authority to that company under section 5D of the Petroleum Act 1998;
b
in the closing words, after “(f)” insert “or (i) or (j)”
.
3
Omit paragraphs (3) to (5).
I41I10041
1
Clause 33A (power of partial revocation) is amended as follows.
2
For paragraph (1) substitute—
1
This clause applies in a case where two or more persons are the Licensee and—
a
an event mentioned in clause 33(2)(c), (d), (e) or (f) occurs in relation to one of those persons;
b
an event mentioned in clause 33(2)(b) occurs which consists of a breach of clause 32A(2) or (4) in relation to a change in control of one of those persons;
c
an event mentioned in clause 33(2)(i) occurs in relation to a change in control of one of those persons (see clause 32A); or
d
an event mentioned in clause 33(2)(j) occurs which consists of a failure by one of those persons as mentioned in that provision.
3
In paragraph (2), for “or (b)” substitute “, (b), (c) or (d)”
.
Part 2 of Schedule 14
I42I13342
I43I10143
After clause 34 insert—
34AChange in control of Licensee
1
This clause applies if—
a
the Licensee is a company, or
b
where two or more persons are the Licensee, any of those persons is a company,
and references in this clause to a company are to such a company.
2
A change in control of a company is not permitted without the consent of the Oil and Gas Authority (“the OGA”).
3
There is a “change in control” of a company if a person takes control of the company, not having previously been a person who controlled the company.
4
If a change in control of a company is contemplated, the company must apply in writing to the OGA for consent at least three months before the date on which it is proposed that the change would occur (if consent were given).
5
The OGA may—
a
consent to the change in control unconditionally,
b
consent to the change in control subject to conditions, or
c
refuse consent to the change in control.
6
If the OGA proposes to grant consent subject to any condition or to refuse consent, the OGA must, before making a final decision—
a
give the company an opportunity to make representations, and
b
consider any representations that are made.
7
The general rule is that the OGA must decide an application within three months of receiving it, but the OGA may delay its decision by notifying the interested parties in writing.
8
Conditions as mentioned in paragraph (5)(b) may be imposed on the person taking control of the company (as well as on the company), and may include—
a
conditions relating to the arrangements for the change in control, including the date by which it must occur,
b
conditions relating to the performance of activities permitted by this licence, and
c
financial conditions.
9
The OGA’s decision on the application, and any conditions as mentioned in paragraph (5)(b), must be notified in writing to the interested parties.
10
In this clause “the interested parties” means—
a
the company,
b
the person who (if consent were granted) would take control of the company, and
c
if the company and another person or persons are the Licensee, that other person or those other persons.
11
For the purposes of this clause, the question of whether a person has control of a company is to be determined in accordance with the test set out in clause 34(3).
I44I10244
1
Clause 35 (power of revocation) is amended as follows.
2
In paragraph (2)—
a
after sub-paragraph (i) insert—
j
if the Licensee is a company, any breach of a condition subject to which the Oil and Gas Authority gave its consent to a change in control of the Licensee (see clause 34A);
k
if the Licensee is a company, any failure to provide full and accurate information in response to a notice given by the Oil and Gas Authority to that company under section 5D of the Act of 1998;
b
in the closing words, after “(g)” insert “or (j) or (k)”
.
3
Omit paragraphs (3) to (5).
I45I10345
1
Clause 35A (power of partial revocation) is amended as follows.
2
For paragraph (1) substitute—
1
This clause applies in a case where two or more persons are the Licensee and—
a
an event mentioned in clause 35(2)(c), (d), (e) or (g) occurs in relation to one of those persons;
b
an event mentioned in clause 35(2)(b) occurs which consists of a breach of clause 34A(2) or (4) in relation to a change in control of one of those persons;
c
an event mentioned in clause 35(2)(j) occurs in relation to a change in control of one of those persons (see clause 34A); or
d
an event mentioned in clause 35(2)(k) occurs which consists of a failure by one of those persons as mentioned in that provision.
3
In paragraph (2), for “or (b)” substitute “, (b), (c) or (d)”
.
Part 3Petroleum Licensing (Exploration and Production) (Seaward and Landward Areas) Regulations 2004
I46I13446Introduction
The Petroleum Licensing (Exploration and Production) (Seaward and Landward Areas) Regulations 2004 (S.I. 2004/352) are amended in accordance with this Part of this Schedule.
Schedule 2
I47I13547
I48I10448
After clause 37 insert—
37AChange in control of Licensee
1
This clause applies if—
a
the Licensee is a company, or
b
where two or more persons are the Licensee, any of those persons is a company,
and references in this clause to a company are to such a company.
2
A change in control of a company is not permitted without the consent of the Oil and Gas Authority (“the OGA”).
3
There is a “change in control” of a company if a person takes control of the company, not having previously been a person who controlled the company.
4
If a change in control of a company is contemplated, the company must apply in writing to the OGA for consent at least three months before the date on which it is proposed that the change would occur (if consent were given).
5
The OGA may—
a
consent to the change in control unconditionally,
b
consent to the change in control subject to conditions, or
c
refuse consent to the change in control.
6
If the OGA proposes to grant consent subject to any condition or to refuse consent, the OGA must, before making a final decision—
a
give the company an opportunity to make representations, and
b
consider any representations that are made.
7
The general rule is that the OGA must decide an application within three months of receiving it, but the OGA may delay its decision by notifying the interested parties in writing.
8
Conditions as mentioned in paragraph (5)(b) may be imposed on the person taking control of the company (as well as on the company), and may include—
a
conditions relating to the arrangements for the change in control, including the date by which it must occur,
b
conditions relating to the performance of activities permitted by this licence, and
c
financial conditions.
9
The OGA’s decision on the application, and any conditions as mentioned in paragraph (5)(b), must be notified in writing to the interested parties.
10
In this clause “the interested parties” means—
a
the company,
b
the person who (if consent were granted) would take control of the company, and
c
if the company and another person or persons are the Licensee, that other person or those other persons.
11
For the purposes of this clause, the question of whether a person has control of a company is to be determined in accordance with the test set out in clause 37(4).
I49I10549
1
Clause 38 (power of revocation) is amended as follows.
2
In paragraph (2)—
a
after sub-paragraph (i) insert—
j
if the Licensee is a company, any breach of a condition subject to which the Oil and Gas Authority gave its consent to a change in control of the Licensee (see clause 37A);
k
if the Licensee is a company, any failure to provide full and accurate information in response to a notice given by the Oil and Gas Authority to that company under section 5D of the Act;
b
in the closing words, after “(g)” insert “or (j) or (k)”
.
3
Omit paragraphs (3) to (5).
I50I10650
1
Clause 38A (power of partial revocation) is amended as follows.
2
For paragraph (1) substitute—
1
This clause applies in a case where two or more persons are the Licensee and—
a
an event mentioned in clause 38(2)(c), (d), (e), (ee) or (g) occurs in relation to one of those persons;
b
an event mentioned in clause 38(2)(b) occurs which consists of a breach of clause 37A(2) or (4) in relation to a change in control of one of those persons;
c
an event mentioned in clause 38(2)(j) occurs in relation to a change in control of one of those persons (see clause 37A); or
d
an event mentioned in clause 38(2)(k) occurs which consists of a failure by one of those persons as mentioned in that provision.
3
In paragraph (2), for “or (b)” substitute “, (b), (c) or (d)”
.
Schedule 3
I51I13651
I52I10752
After clause 38 insert—
38AChange in control of Licensee
1
This clause applies if—
a
the Licensee is a company, or
b
where two or more persons are the Licensee, any of those persons is a company,
and references in this clause to a company are to such a company.
2
A change in control of a company is not permitted without the consent of the Oil and Gas Authority (“the OGA”).
3
There is a “change in control” of a company if a person takes control of the company, not having previously been a person who controlled the company.
4
If a change in control of a company is contemplated, the company must apply in writing to the OGA for consent at least three months before the date on which it is proposed that the change would occur (if consent were given).
5
The OGA may—
a
consent to the change in control unconditionally,
b
consent to the change in control subject to conditions, or
c
refuse consent to the change in control.
6
If the OGA proposes to grant consent subject to any condition or to refuse consent, the OGA must, before making a final decision—
a
give the company an opportunity to make representations, and
b
consider any representations that are made.
7
The general rule is that the OGA must decide an application within three months of receiving it, but the OGA may delay its decision by notifying the interested parties in writing.
8
Conditions as mentioned in paragraph (5)(b) may be imposed on the person taking control of the company (as well as on the company), and may include—
a
conditions relating to the arrangements for the change in control, including the date by which it must occur,
b
conditions relating to the performance of activities permitted by this licence, and
c
financial conditions.
9
The OGA’s decision on the application, and any conditions as mentioned in paragraph (5)(b), must be notified in writing to the interested parties.
10
In this clause “the interested parties” means—
a
the company,
b
the person who (if consent were granted) would take control of the company, and
c
if the company and another person or persons are the Licensee, that other person or those other persons.
11
For the purposes of this clause, the question of whether a person has control of a company is to be determined in accordance with the test set out in clause 38(4).
I53I10853
1
Clause 39 (power of revocation) is amended as follows.
2
In paragraph (2)—
a
after sub-paragraph (i) insert—
j
if the Licensee is a company, any breach of a condition subject to which the Oil and Gas Authority gave its consent to a change in control of the Licensee (see clause 38A);
k
if the Licensee is a company, any failure to provide full and accurate information in response to a notice given by the Oil and Gas Authority to that company under section 5D of the Act;
b
in the closing words, after “(g)” insert “or (j) or (k)”
.
3
Omit paragraphs (3) to (5).
I54I10954
1
Clause 39A (power of partial revocation) is amended as follows.
2
For paragraph (1) substitute—
1
This clause applies in a case where two or more persons are the Licensee and—
a
an event mentioned in clause 39(2)(c), (d), (e), (ee) or (g) occurs in relation to one of those persons;
b
an event mentioned in clause 39(2)(b) occurs which consists of a breach of clause 38A(2) or (4) in relation to a change in control of one of those persons;
c
an event mentioned in clause 39(2)(j) occurs in relation to a change in control of one of those persons (see clause 38A); or
d
an event mentioned in clause 39(2)(k) occurs which consists of a failure by one of those persons as mentioned in that provision.
3
In paragraph (2), for “or (b)” substitute “, (b), (c) or (d)”
.
Schedule 4
I55I13755
I56I11056
After clause 36 insert—
36AChange in control of Licensee
1
This clause applies if—
a
the Licensee is a company, or
b
where two or more persons are the Licensee, any of those persons is a company,
and references in this clause to a company are to such a company.
2
A change in control of a company is not permitted without the consent of the Oil and Gas Authority (“the OGA”).
3
There is a “change in control” of a company if a person takes control of the company, not having previously been a person who controlled the company.
4
If a change in control of a company is contemplated, the company must apply in writing to the OGA for consent at least three months before the date on which it is proposed that the change would occur (if consent were given).
5
The OGA may—
a
consent to the change in control unconditionally,
b
consent to the change in control subject to conditions, or
c
refuse consent to the change in control.
6
If the OGA proposes to grant consent subject to any condition or to refuse consent, the OGA must, before making a final decision—
a
give the company an opportunity to make representations, and
b
consider any representations that are made.
7
The general rule is that the OGA must decide an application within three months of receiving it, but the OGA may delay its decision by notifying the interested parties in writing.
8
Conditions as mentioned in paragraph (5)(b) may be imposed on the person taking control of the company (as well as on the company), and may include—
a
conditions relating to the arrangements for the change in control, including the date by which it must occur,
b
conditions relating to the performance of activities permitted by this licence, and
c
financial conditions.
9
The OGA’s decision on the application, and any conditions as mentioned in paragraph (5)(b), must be notified in writing to the interested parties.
10
In this clause “the interested parties” means—
a
the company,
b
the person who (if consent were granted) would take control of the company, and
c
if the company and another person or persons are the Licensee, that other person or those other persons.
11
For the purposes of this clause, the question of whether a person has control of a company is to be determined in accordance with the test set out in clause 36(4).
I57I11157
1
Clause 37 (power of revocation) is amended as follows.
2
In paragraph (2)—
a
after sub-paragraph (i) insert—
j
if the Licensee is a company, any breach of a condition subject to which the Oil and Gas Authority gave its consent to a change in control of the Licensee (see clause 36A);
k
if the Licensee is a company, any failure to provide full and accurate information in response to a notice given by the Oil and Gas Authority to that company under section 5D of the Act;
b
in the closing words, after “(g)” insert “or (j) or (k)”
.
3
Omit paragraphs (3) to (5).
I58I11258
1
Clause 37A (power of partial revocation) is amended as follows.
2
For paragraph (1) substitute—
1
This clause applies in a case where two or more persons are the Licensee and—
a
an event mentioned in clause 37(2)(c), (d), (e), (ee) or (g) occurs in relation to one of those persons;
b
an event mentioned in clause 37(2)(b) occurs which consists of a breach of clause 36A(2) or (4) in relation to a change in control of one of those persons;
c
an event mentioned in clause 37(2)(j) occurs in relation to a change in control of one of those persons (see clause 36A); or
d
an event mentioned in clause 37(2)(k) occurs which consists of a failure by one of those persons as mentioned in that provision.
3
In paragraph (2), for “or (b)” substitute “, (b), (c) or (d)”
.
Schedule 6
I59I13859
I60I11360
After clause 35 insert—
35AChange in control of Licensee
1
This clause applies if—
a
the Licensee is a company, or
b
where two or more persons are the Licensee, any of those persons is a company,
and references in this clause to a company are to such a company.
2
A change in control of a company is not permitted without the consent of the Oil and Gas Authority (“the OGA”).
3
There is a “change in control” of a company if a person takes control of the company, not having previously been a person who controlled the company.
4
If a change in control of a company is contemplated, the company must apply in writing to the OGA for consent at least three months before the date on which it is proposed that the change would occur (if consent were given).
5
The OGA may—
a
consent to the change in control unconditionally,
b
consent to the change in control subject to conditions, or
c
refuse consent to the change in control.
6
If the OGA proposes to grant consent subject to any condition or to refuse consent, the OGA must, before making a final decision—
a
give the company an opportunity to make representations, and
b
consider any representations that are made.
7
The general rule is that the OGA must decide an application within three months of receiving it, but the OGA may delay its decision by notifying the interested parties in writing.
8
Conditions as mentioned in paragraph (5)(b) may be imposed on the person taking control of the company (as well as on the company), and may include—
a
conditions relating to the arrangements for the change in control, including the date by which it must occur,
b
conditions relating to the performance of activities permitted by this licence, and
c
financial conditions.
9
The OGA’s decision on the application, and any conditions as mentioned in paragraph (5)(b), must be notified in writing to the interested parties.
10
In this clause “the interested parties” means—
a
the company,
b
the person who (if consent were granted) would take control of the company, and
c
if the company and another person or persons are the Licensee, that other person or those other persons.
11
For the purposes of this clause, the question of whether a person has control of a company is to be determined in accordance with the test set out in clause 35(4).
I61I11461
1
Clause 36 (power of revocation) is amended as follows.
2
In paragraph (2)—
a
after sub-paragraph (i) insert—
j
if the Licensee is a company, any breach of a condition subject to which the Oil and Gas Authority gave its consent to a change in control of the Licensee (see clause 35A);
k
if the Licensee is a company, any failure to provide full and accurate information in response to a notice given by the Oil and Gas Authority to that company under section 5D of the Act;
b
in the closing words, after “(g)” insert “or (j) or (k)”
.
3
Omit paragraphs (3) to (5).
I62I11562
1
Clause 36A (power of partial revocation) is amended as follows.
2
For paragraph (1) substitute—
1
This clause applies in a case where two or more persons are the Licensee and—
a
an event mentioned in clause 36(2)(c), (d), (e), (ee) or (g) occurs in relation to one of those persons;
b
an event mentioned in clause 36(2)(b) occurs which consists of a breach of clause 35A(2) or (4) in relation to a change in control of one of those persons;
c
an event mentioned in clause 36(2)(j) occurs in relation to a change in control of one of those persons (see clause 35A); or
d
an event mentioned in clause 36(2)(k) occurs which consists of a failure by one of those persons as mentioned in that provision.
3
In paragraph (2), for “or (b)” substitute “, (b), (c) or (d)”
.
Part 4Petroleum Licensing (Production) (Seaward Areas) Regulations 2008
I63I13963
In the Petroleum Licensing (Production) (Seaward Areas) Regulations 2008 (S.I. 2008/225), the Schedule (model clauses for seaward area production licences) is amended as follows.
I64I11664
After clause 40 insert—
40AChange in control of Licensee
1
This clause applies if—
a
the Licensee is a company, or
b
where two or more persons are the Licensee, any of those persons is a company,
and references in this clause to a company are to such a company.
2
A change in control of a company is not permitted without the consent of the OGA.
3
There is a “change in control” of a company if a person takes control of the company, not having previously been a person who controlled the company.
4
If a change in control of a company is contemplated, the company must apply in writing to the OGA for consent at least three months before the date on which it is proposed that the change would occur (if consent were given).
5
The OGA may—
a
consent to the change in control unconditionally,
b
consent to the change in control subject to conditions, or
c
refuse consent to the change in control.
6
If the OGA proposes to grant consent subject to any condition or to refuse consent, the OGA must, before making a final decision—
a
give the company an opportunity to make representations, and
b
consider any representations that are made.
7
The general rule is that the OGA must decide an application within three months of receiving it, but the OGA may delay its decision by notifying the interested parties in writing.
8
Conditions as mentioned in paragraph (5)(b) may be imposed on the person taking control of the company (as well as on the company), and may include—
a
conditions relating to the arrangements for the change in control, including the date by which it must occur,
b
conditions relating to the performance of activities permitted by this licence, and
c
financial conditions.
9
The OGA’s decision on the application, and any conditions as mentioned in paragraph (5)(b), must be notified in writing to the interested parties.
10
In this clause “the interested parties” means—
a
the company,
b
the person who (if consent were granted) would take control of the company, and
c
if the company and another person or persons are the Licensee, that other person or those other persons.
11
For the purposes of this clause, “control” of a company is to be construed in accordance with sections 450(2) to (4) and 451(1) to (5) of the Corporation Tax Act 2010, modified as specified in clause 40(4).
I65I11765
1
Clause 41 (power of revocation) is amended as follows.
2
In paragraph (2)—
a
after sub-paragraph (j) insert—
k
if the Licensee is a company, any breach of a condition subject to which the OGA gave its consent to a change in control of the Licensee (see clause 40A),
l
if the Licensee is a company, any failure to provide full and accurate information in response to a notice given by the OGA to that company under section 5D of the Act,
b
in the closing words, after “(h)” insert “or (k) or (l)”
.
3
Omit paragraphs (3) to (5).
I66I11866
1
Clause 42 (power of partial revocation) is amended as follows.
2
For paragraph (1) substitute—
1
This clause applies in a case where two or more persons are the Licensee and—
a
an event mentioned in clause 41(2)(c), (d), (e), (f) or (h) occurs in relation to one of those persons;
b
an event mentioned in clause 41(2)(b) occurs which consists of a breach of clause 40A(2) or (4) in relation to a change in control of one of those persons;
c
an event mentioned in clause 41(2)(k) occurs in relation to a change in control of one of those persons (see clause 40A); or
d
an event mentioned in clause 41(2)(l) occurs which consists of a failure by one of those persons as mentioned in that provision.
3
In paragraph (2), for “or (b)” substitute “, (b), (c) or (d)”
.
Part 5Petroleum Licensing (Exploration and Production) (Landward Areas) Regulations 2014
I67I14067
In the Petroleum Licensing (Exploration and Production) (Landward Areas) Regulations 2014 (S.I. 2014/1686), Schedule 2 (model clauses for petroleum exploration and development licences) is amended as follows.
I68I11968
After clause 40 insert—
40AChange in control of Licensee
1
This clause applies if—
a
the Licensee is a company, or
b
where two or more persons are the Licensee, any of those persons is a company,
and references in this clause to a company are to such a company.
2
A change in control of a company is not permitted without the consent of the OGA.
3
There is a “change in control” of a company if a person takes control of the company, not having previously been a person who controlled the company.
4
If a change in control of a company is contemplated, the company must apply in writing to the OGA for consent at least three months before the date on which it is proposed that the change would occur (if consent were given).
5
The OGA may—
a
consent to the change in control unconditionally,
b
consent to the change in control subject to conditions, or
c
refuse consent to the change in control.
6
If the OGA proposes to grant consent subject to any condition or to refuse consent, the OGA must, before making a final decision—
a
give the company an opportunity to make representations, and
b
consider any representations that are made.
7
The general rule is that the OGA must decide an application within three months of receiving it, but the OGA may delay its decision by notifying the interested parties in writing.
8
Conditions as mentioned in paragraph (5)(b) may be imposed on the person taking control of the company (as well as on the company), and may include—
a
conditions relating to the arrangements for the change in control, including the date by which it must occur,
b
conditions relating to the performance of activities permitted by this licence, and
c
financial conditions.
9
The OGA’s decision on the application, and any conditions as mentioned in paragraph (5)(b), must be notified in writing to the interested parties.
10
In this clause “the interested parties” means—
a
the company,
b
the person who (if consent were granted) would take control of the company, and
c
if the company and another person or persons are the Licensee, that other person or those other persons.
11
For the purposes of this clause, “control” of a company is to be construed in accordance with sections 450(2) to (4) and 451(1) to (5) of the Corporation Tax Act 2010, modified as specified in clause 40(4).
I69I12069
1
Clause 41 (power of revocation) is amended as follows.
2
In paragraph (2)—
a
after sub-paragraph (j) insert—
k
if the Licensee is a company, any breach of a condition subject to which the OGA gave its consent to a change in control of the Licensee (see clause 40A),
l
if the Licensee is a company, any failure to provide full and accurate information in response to a notice given by the OGA to that company under section 5D of the Act,
b
in the closing words, after “(h)” insert “or (k) or (l)”
.
3
Omit paragraphs (3) to (5).
I70I12170
1
Clause 42 (power of partial revocation) is amended as follows.
2
For paragraph (1) substitute—
1
This clause applies in a case where two or more persons are the Licensee and—
a
an event mentioned in clause 41(2)(c), (d), (e), (f) or (h) occurs in relation to one of those persons;
b
an event mentioned in clause 41(2)(b) occurs which consists of a breach of clause 40A(2) or (4) in relation to a change in control of one of those persons;
c
an event mentioned in clause 41(2)(k) occurs in relation to a change in control of one of those persons (see clause 40A); or
d
an event mentioned in clause 41(2)(l) occurs which consists of a failure by one of those persons as mentioned in that provision.
3
In paragraph (2), for “or (b)” substitute “, (b), (c) or (d)”
.