The Hydrocarbons Licensing Directive Regulations 1995

Determination of applications E+W+S

3.—(1) Subject to paragraphs (2) to (4) below, every application for a licence shall be determined on the basis of criteria concerning—

(a) the technical and financial capability of the applicant;

(b) the way in which the applicant proposes to carry out the activities that would be permitted by the licence;

(c) in a case where tenders are invited, the price the applicant is prepared to pay in order to obtain the licence; and

(d) where the applicant holds, or has held a licence of any description under the Petroleum (Production) Act 1934, any lack of efficiency and responsibility displayed by the applicant in operations under that licence,

and the [F1 OGA] may refuse an application for a licence.

(2) In a case where two or more applications for a licence have equal merit when assessed according to the criteria provided for in paragraph (1) above, other relevant criteria may be applied in order to determine which application should be granted.

(3) Subject to paragraph (4) below, the [F1 OGA] shall not apply any of the criteria in paragraphs (1) and (2) above in a discriminatory manner.

(4) An application for a licence may be refused on grounds of national security F2 ....

(5) Where an application for a licence is refused, the reasons for the decision shall be notified to the applicant on request.

Textual Amendments

F1 Words in reg. 3 substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 5(3)

F2 Words in reg. 3(4) omitted (31.12.2020) by virtue of The Pipe-lines, Petroleum, Electricity Works and Oil Stocking (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1325), regs. 1(1), 2(2); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I1 Reg. 3 in force at 30.6.1995, see reg. 1(1)