Part 2Carbon dioxide capture, storage etc and hydrogen production, transport and storage
Chapter 5Carbon storage information and samples
General
I1126Procedure for enforcement decisions
1
The OGA—
a
must determine the procedure that it proposes to follow in relation to enforcement decisions, and
b
must issue a statement of its proposals.
2
The procedure mentioned in subsection (1)(a) must be designed to secure, among other things, that an enforcement decision is taken—
a
by a person falling within subsection (3), or
b
by two or more persons, each of whom falls within subsection (3).
3
A person falls within this subsection if the person was not directly involved in establishing the evidence on which the enforcement decision is based.
4
The statement mentioned in subsection (1)(b) must be published in whatever way appears to the OGA to be best calculated to bring the statement to the attention of the public.
5
When the OGA takes an enforcement decision, the OGA must follow its stated procedure.
6
If the OGA changes its procedure in a material way, it must publish a revised statement.
7
A failure of the OGA in a particular case to follow its procedure as set out in the latest published statement does not affect the validity of an enforcement decision taken in that case.
8
But subsection (7) does not prevent the Tribunal from taking into account any such failure in considering an appeal under paragraph 4 or 5 of Schedule 8 in relation to a sanction notice.
9
In this section, “enforcement decision” means—
a
a decision to give a sanction notice in respect of a failure to comply with a sanctionable requirement, or
b
a decision as to the details of the sanction to be imposed by the notice.