Petroleum Act 1998

[F15ARights transferred without the consent of Secretary of StateU.K.

(1)This section applies if—

(a)a person is (or two or more persons are) the licensee in respect of a licence under section 2 of the Petroleum (Production) Act 1934 or section 3 above (“the transferor”),

(b)the transferor transfers a right granted by the licence, or derived from a right so granted, to another person (“the transferee”) after commencement in circumstances where the consent of the Secretary of State is required for the transfer, and

(c)that consent is not obtained.

(2)The Secretary of State may, by notice given to the transferor and the transferee, direct that the right is to revert to the transferor from a date specified in the notice.

(3)The date specified must not be earlier than the date on which the notice is given.

(4)Before giving a notice to a person under subsection (2), the Secretary of State must—

(a)notify the person of the proposal to give the notice, and

(b)give the person a reasonable period within which to make written representations.

(5)The Secretary of State may not give a notice under subsection (2) after the end of the period of 3 months beginning with the date on which the Secretary of State learns of the transfer.

(6)In this section—

  • commencement” means the time when this section comes into force;

  • transfer” does not include a transfer by way of security for a loan.]

Textual Amendments

F1Ss. 5A-5C inserted (26.1.2009) by Energy Act 2008 (c. 32), ss. 76, 110(2); S.I. 2009/45, art. 2(c)(i)