The Storage of Carbon Dioxide (Termination of Licences) Regulations 2011

Transfer of liabilities U.K.

15.—(1) Immediately on the termination of a licence, there are transferred from the licence holder to the [F1 appropriate Minister] any leakage liabilities incurred by the licence holder prior to termination of the licence, subject to paragraph (2).

(2) There is no transfer to the [F1 appropriate Minister] of any leakage liabilities that, on the termination of the licence, constitute a debt or a judgment debt for a liquidated sum where that debt—

(a) was payable by the licence holder before the termination of the licence; or

(b) is payable by the licence holder after the termination of the licence but at a time which is certain.

(3) In this regulation—

(a) “judgment debt” has the meaning given to it in section 104 of the Tribunals, Courts and Enforcement Act 2007 M1 ;

(b) “leakage liabilities” means any liabilities, whether future or present, actual or contingent, arising from leakage from the storage complex to which the relevant licence relates and includes liabilities for personal injury, damage to property and economic loss; and

(c) “storage complex” has the meaning given to it by Article 3 of the Directive.

Textual Amendments

F1 Words in reg. 15 substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 19(7)

Marginal Citations

M1 2007 c.15.