Petroleum Act 1998

38 Financial resources. U.K.

[F1 (1) The Secretary of State may, for a purpose specified in subsection (1A), give a notice to a person within subsection (1B) requiring the person, within a time specified in the notice—

(a) to provide specified information relating to the person's financial affairs;

(b) to supply copies of specified documents, or documents of a specified description, relating to those affairs.

(1A) Those purposes are—

(a) determining whether to give a notice under section 29 to a person in respect of an installation or pipeline;

(b) determining whether to make a proposal under section 34(1) to impose a duty on a person under section 36;

(c) where a person has made such a proposal, determining whether to impose the duty on the person proposed.

(1B) A person falls within this subsection if—

(a) a notice under section 29(1) may be given to the person,

(b) the person falls within section 34(2)(a) or (b) and the Secretary of State is considering proposing, in accordance with section 34(1)(b), that the person should have a duty under section 36, or

(c) the person falls within section 34(2)(a) or (b) and the Secretary of State is considering whether to impose a duty on the person under section 36 in accordance with a proposal made under section 34(1)(b).]

(2) In order to satisfy himself that a person [F2 falling within subsection (2A) will be capable of carrying out any abandonment programme which has been submitted (whether or not it is approved) or may be submitted in relation to an installation or pipeline] , the Secretary of State may at any time by written notice require that person, within such time as may be specified in the notice—

(a) to provide such information [F3 (which may relate to the estimated costs of abandonment of the installation or pipeline or to any other financial or other matter)] ; and

(b) to supply copies of such documents,

as may be so specified.

[F4 (2A) A person falls within this subsection if—

(a) a notice under section 29(1) has been given to the person, or

(b) the person has a duty under section 36 to secure that an abandonment programme is carried out.]

(3) A person who—

(a) without reasonable excuse fails to comply with a notice under subsection (1) or (2); or

(b) in purported compliance with such a notice provides information which he knows to be false in a material particular or recklessly provides information which is false in a material particular,

shall be guilty of an offence.

[F5 (4) The Secretary of State may, after consulting the Treasury, give written notice to a person to whom subsection (4A) applies, requiring the person to take such action as may be specified in the notice within such time as may be so specified.

(4A) This subsection applies to a person if—

(a) the person falls within subsection (2A), and

(b) the Secretary of State is not satisfied that the person will be capable of carrying out any duty which has been, or is likely to be, imposed on the person by section 36.]

(5) The Secretary of State shall not give notice to a person under subsection (4) without first giving him an opportunity to make written representations as to whether the notice should be given.

(6) A person who fails to comply with a notice under subsection (4) shall be guilty of an offence unless he proves that he exercised due diligence to avoid the failure.

[F6 (7) It is an offence for a person to disclose information obtained by virtue of a notice under subsection (1) or (2) unless the disclosure—

(a) is made with the consent of the person by or on behalf of whom the information was provided,

(b) is for the purpose of the exercise of the Secretary of State's functions under this Part, Chapter 3 of Part 2 of the Energy Act 2004 or Part 1 of the Energy Act 2008, or

(c) is required by or under an enactment.]

Textual Amendments

F1 S. 38(1)-(1B) substituted for s. 38(1) (26.1.2009) by Energy Act 2008 (c. 32), ss. 73(2), 110(2); S.I. 2009/45, art. 2(b)(i)

F2 Words in s. 38(2) substituted (26.1.2009) by Energy Act 2008 (c. 32), ss. 73(3)(a), 110(2); S.I. 2009/45, art. 2(b)(i)

F3 Words in s. 38(2)(a) inserted (26.1.2009) by Energy Act 2008 (c. 32), ss. 73(3)(b), 110(2); S.I. 2009/45, art. 2(b)(i)

F4 S. 38(2A) inserted (26.1.2009) by Energy Act 2008 (c. 32), ss. 73(4), 110(2); S.I. 2009/45, art. 2(b)(i)

F5 S. 38(4)(4A) substituted for s. 38(4) (26.1.2009) by Energy Act 2008 (c. 32), ss. 73(5), 110(2); S.I. 2009/45, art. 2(b)(i)

F6 S. 38(7) added (26.1.2009) by Energy Act 2008 (c. 32), ss. 73(6), 110(2); S.I. 2009/45, art. 2(b)(i)

Modifications etc. (not altering text)

C1 Pt. 4 applied (with modifications) (26.12.2023) by 2008 c. 32, s. 30(1AA)(1AB) (as inserted by Energy Act 2023 (c. 52), ss. 95(3), 334(3)(b))