Petroleum Act 1998

[F1 5A Rights transferred without the consent of [F2 appropriate [F3 authority]] U.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 [F2 appropriate [F3 authority]] is required for the transfer, and

(c) that consent is not obtained.

(2) The [F2 appropriate [F3 authority]] 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 [F2 appropriate [F3 authority]] 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 [F2 appropriate [F3 authority]] may not give a notice under subsection (2) after the end of the period of 3 months beginning with the date on which the [F2 appropriate [F3 authority]] 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

F1 Ss. 5A-5C inserted (26.1.2009) by Energy Act 2008 (c. 32), ss. 76, 110(2); S.I. 2009/45, art. 2(c)(i)

F2 Words in s. 5A substituted (9.2.2018) by Scotland Act 2016 (c. 11), ss. 48(12), 72(4)(c); S.I. 2018/163, reg. 2(b)

F3 Word in s. 5A substituted (9.2.2018) by The Petroleum (Transfer of Functions) Regulations 2016 (S.I. 2016/898), regs. 1(3), 3(5) (with reg. 2); S.I. 2018/163, reg. 2(b)

Modifications etc. (not altering text)

C1 S. 5A modified (temp.) (1.10.2016) by The Petroleum (Transfer of Functions) Regulations 2016 (S.I. 2016/898), regs. 1(2), 2