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.