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

Petroleum (Production) (Landward Areas) Regulations 1995

6.—(1) The Petroleum (Production) (Landward Areas) Regulations 1995(1) are amended as follows.

(2) In regulation 2 (interpretation), after the definition of “Official Journal” insert—

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

(3) In regulation 3(1) (application of the regulations), for “Secretary of State” substitute “OGA”.

(4) In regulation 5 (applications for licences)—

(a) in paragraph (1)(a), for “Energy Development Unit, Department of Energy and Climate Change, London, SW1” insert “the OGA, Aberdeen AB10”;

(b) at the end of paragraph (1)(b) insert “, as set out in the Oil and Gas Authority (Fees) Regulations 2016(2)”;

(5) in paragraph (2), for “Secretary of State” substitute “OGA”.

(6) In regulation 9(1) (form of licences), for “Secretary of State” substitute “OGA”.

(7) Omit regulation 10(3) (fees).

(8) After regulation 11 (plurality of licences), insert—

“Review

12.— (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.”.

(9) Schedule 5 (model clauses for methane drainage licences) is amended as follows.

(10) In clause 1(1) (interpretation), for the definition of “the Minister” insert—

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

(11) In clause 2 (grant of licence), for “Minister” substitute “OGA”.

(12) In clause 4 (right of licensee to determine licence), for “Minister” substitute “OGA”.

(13) In clause 5 (payment of consideration for licence), for “Minister” (in both places) substitute “OGA”.

(14) In clause 6 (records), for “Minister” (in both places) substitute “OGA”.

(15) In clause 7 (power to inspect accounts), for “Minister” substitute “OGA”.

(16) In clause 8 (records to be treated as confidential)—

(a) after “employment of the” insert “OGA or the”;

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

(17) In clause 9 (notice of commencement and termination of operations), for “Minister” (in both places) substitute “OGA”.

(18) In clause 10 (indemnity against third party claims), for “Minister” (in both places) substitute “OGA”.

(19) In clause 11 (agreement not to assign), for “Minister” substitute “OGA”.

(20) In clause 12 (power of revocation), for “Minister” substitute “OGA”.

(21) In clause 13 (arbitration)—

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

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

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

(d) in the Note after paragraph (2A), for “Minister” substitute “OGA”.

(1)

S.I. 1995/1436, amended by S.I. 2009/229 and 2015/766; there are other amending instruments but none is relevant.

(2)

S.I. 2016/904.