Part 2 E+W+S Security of energy supplies

CHAPTER 3 E+W+S Upstream petroleum infrastructure

83 Power of [F1 OGA] to give a notice under section 82(11) on own initiative E+W+S

(1) This section applies where—

(a) a person has made an application of a kind mentioned in subsection (1) of section 82 to the owner of a pipeline or facility, and

(b) the applicant and the owner have not reached agreement on the application.

(2) The [F2 OGA may on its] own initiative give a notice under subsection (11) of section 82 which would secure to the applicant the right sought in the application; but this is subject to subsection (8) of that section and subsections (3) and (4).

(3) The [F3 OGA] may not exercise the power conferred by subsection (2) unless the [F3 OGA] is satisfied that—

(a) the applicant and the owner have had a reasonable time in which to reach agreement on the application; and

(b) there is no realistic prospect of them doing so.

(4) In considering whether to exercise the power conferred by subsection (2) the [F4 OGA] must—

(a) take into account (so far as relevant) the matters mentioned in paragraphs (a) to (g) of subsection (7) of section 82;

(b) give the persons mentioned in subsection (5) an opportunity to be heard.

(5) Those persons are—

(a) the applicant and the owner;

(b) any person with a right to have anything conveyed by the pipeline or processed by the facility;

(c) the Health and Safety Executive; and

(d) such other persons as the [F5 OGA] considers appropriate.

Textual Amendments

F1 Word in s. 83 heading substituted (1.10.2016) by Energy Act 2016 (c. 20), s. 84(3), Sch. 1 para. 65(6); S.I. 2016/920, reg. 2(a)

F2 Words in s. 83(2) substituted (1.10.2016) by Energy Act 2016 (c. 20), s. 84(3), Sch. 1 para. 65(2); S.I. 2016/920, reg. 2(a)

F3 Word in s. 83(3) substituted (1.10.2016) by Energy Act 2016 (c. 20), s. 84(3), Sch. 1 para. 65(3); S.I. 2016/920, reg. 2(a)

F4 Word in s. 83(4) substituted (1.10.2016) by Energy Act 2016 (c. 20), s. 84(3), Sch. 1 para. 65(4); S.I. 2016/920, reg. 2(a)

F5 Word in s. 83(5)(d) substituted (1.10.2016) by Energy Act 2016 (c. 20), s. 84(3), Sch. 1 para. 65(5); S.I. 2016/920, reg. 2(a)

Modifications etc. (not altering text)

C1 S. 83 modified by 1962 c. 58, s. 9(9)(a) (as amended) (21.3.2012) by Energy Act 2011 (c. 16), s. 121(1), Sch. 2 paras. 2(b)(3)(b); S.I. 2012/873, art. 2(b)(i) (with art. 4)

Commencement Information

I1 S. 83 in force at 21.3.2012 by S.I. 2012/873, art. 2(b)(i) (with art. 4)