Infrastructure Act 2015

46Notice schemeE+W

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(1)The Secretary of State may, by regulations, require relevant energy undertakings to give notice of the proposed exercise, or exercise, of [F1—

(a)the right to use deep-level land in England for the purposes of exploiting petroleum, and

(b)the right to use deep-level land for the purposes of exploiting deep geothermal energy.]

[F2(1A)The Welsh Ministers may, by regulations, require relevant energy undertakings to give notice of the proposed exercise, or exercise, of the right to use deep-level land in Wales for the purposes of exploiting petroleum.]

(2)The regulations may require relevant energy undertakings—

(a)to give notice—

(i)to owners of relevant land or interests in relevant land;

(ii)to persons of other specified descriptions;

(b)to display notice within the area in which relevant land is situated or elsewhere;

(c)to publish notice (otherwise than by displaying the notice).

(3)The regulations may make provision about the information which the notice is to contain, including provision about information relating to—

(a)any payment scheme regulations which are in force;

(b)the application of any payment scheme regulations to the proposed exercise, or exercise, of the right of use; [F3to which the regulations relate]

(c)the method for obtaining a payment under any payment scheme regulations.

(4)The regulations may make provision about the manner in which notice is to be given, displayed or published, including provision requiring notice to be—

(a)displayed at specified places or places of specified descriptions;

(b)published in specified publications or publications of specified descriptions.

(5)[F4Regulations under subsection (1)] may require relevant energy undertakings to provide the Secretary of State, or any other specified person, with specified information about—

(a)the proposed exercise, or exercise, of the right of use [F5to which the regulations relate];

(b)the giving of notice in accordance with regulations under [F6subsection (1)].

[F7(5A)Regulations under subsection (1A) may require relevant energy undertakings to provide the Welsh Ministers, or any other specified person, with specified information about—

(a)the proposed exercise, or exercise, of the right of use to which the regulations relate;

(b)the giving of notice in accordance with regulations under subsection (1A).]

(6)Before making regulations under [F8subsection (1)], the Secretary of State must consult such persons as the Secretary of State considers appropriate.

[F9(6A)Before making regulations under subsection (1A), the Welsh Ministers must consult such persons as they consider appropriate.]

(7)In this section “payment scheme regulations” means regulations under section 45.

Textual Amendments

F1Words in s. 46(1) substituted (1.10.2018) by Wales Act 2017 (c. 4), ss. 25(3)(a), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 4(a)

F3Words in s. 46(3)(b) inserted (1.10.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 29(2) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 4(b)

F4Words in s. 46(5) substituted (1.10.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 29(3)(a) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 4(b)

F5Words in s. 46(5)(a) inserted (1.10.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 29(3)(b) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 4(b)

F6Words in s. 46(5)(b) substituted (1.10.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 29(3)(c) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 4(b)

F8Words in s. 46(6) substituted (1.10.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 29(5) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 4(b)

Commencement Information

I1S. 46 in force at 12.4.2015, see s. 57(7)(b)