5DOGA’s power to require information about change in control of licensee

1

This section applies in relation to a licence granted (or having effect as if granted) by the OGA under this Part which includes provisions prohibiting a change in control of a licensee which is a company without the OGA’s consent.

2

The OGA may by notice in writing require a person within subsection (3) to provide the OGA with any information that it requires for the purpose of exercising its functions in relation to a change or potential change in control of a licensee which is a company.

3

The persons within this subsection are—

a

the company;

b

the person who (if consent were granted) would take control of the company;

c

if the company and another person or persons are the licensee, that other person or those other persons;

d

any person not within any of paragraphs (a) to (c) who appears to the OGA to have information that it requires as mentioned in subsection (2).

4

The power conferred by this section does not include power to require the provision of any information that would be protected from disclosure or production in legal proceedings on grounds of legal professional privilege or, in Scotland, confidentiality of communications.

5

Nothing in this section limits any power of the OGA to require information under—

a

regulations under this Part, or

b

the terms of a licence under this Part.