The Petroleum Licensing (Applications) Regulations 2015

Regulation 2

F1 SCHEDULE 1 U.K. Lines dividing Landward Areas from Seaward Areas

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Textual Amendments

F1 Sch. 1 omitted (9.2.2018) by virtue of The Scotland Act 2016 and Onshore Petroleum (Consequential, Transitional and Saving Provisions and Model Clauses) Regulations 2018 (S.I. 2018/56), regs. 1(2), 4(5) (with reg. 11)

Regulation 4(2), (3)

SCHEDULE 2 U.K. Information and supporting documentation required for an application for a petroleum exploration and development licence or a seaward area production licence

1.  Name of each applicant in full. U.K.

2.  If the application is made by more than one person, and the applicants have agreed on the manner in which the benefits resulting from the exploitation of the licence should be shared between them, the share each applicant would be entitled to take. U.K.

3.  Except in the case of an application for a [F2 multiple phase licence], the name of the proposed operator. U.K.

Textual Amendments

F2 Words in Sch. 2 para. 3 substituted (15.9.2017) by The Petroleum and Offshore Gas Storage and Unloading Licensing (Amendment) Regulations 2017 (S.I. 2017/855), regs. 1, 5(3)(a)

4.  The reference number of each block in respect of which the application is made and if the application is made by tender, the consideration by way of initial payment which the applicant is prepared to offer for each such block. U.K.

5.  An analysis of the geology of the area to which the application relates, identifying, in particular— U.K.

(a) petroleum prospects, and

(b) a description of the technical data on which this analysis is based.

6.  Either— U.K.

(a) the work programme for evaluating the potential petroleum production from the area to which the application relates which the applicant proposes to undertake under the licence applied for; or

(b) a description of any evaluation of the potential petroleum production from the area to which the application relates that has previously been undertaken, if no further evaluation is proposed to be undertaken under the licence,

except in a case where the [F3 OGA] indicates this is not required.

Textual Amendments

F3 Word in Sch. 2 para. 6 substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 25(8)

7.  Where applicable— U.K.

(a) evidence of the operator's technical competence and capacity to undertake the work programme mentioned in paragraph 6(a), and

(b) an explanation of the way in which the work programme takes account of the analysis of geology mentioned in paragraph 5.

8.  In respect of each applicant— U.K.

(a) where the applicant is a body corporate—

(aa) its place of incorporation;

(bb) its registration number at Companies House or other appropriate registration number or identifier, or if it is registered in another jurisdiction, its registration number or other identifier from that jurisdiction;

(b) where the applicant is an individual, the applicant's usual residential address, otherwise—

(aa) the address of the applicant's registered office; or

(bb) if the applicant does not have a registered office the address of the applicant's principal place of business in the United Kingdom; and if the applicant does not have a principal place of business in the United Kingdom, the address of the applicant's principal place of business;

(c) the place from which—

(i) the applicant's operations under the licence, or

(ii) any commercial activities in connection with those operations,

will be directed and controlled;

(d) where the applicant is a business, a copy of—

(i) the most recent audited accounts; and

(ii) where the applicant is also a body corporate, the most recent audited accounts of any body corporate having control of the applicant,

but if—

(aa) the most recent audited accounts are in respect of a period ending on a date more than twelve months before the date of the application, a copy of a balance sheet showing the state of the body corporate's affairs as at the latest date within that twelve months period in respect of which a balance sheet can be made available must be supplied, or

(bb) there are not yet any audited accounts, a copy of a balance sheet showing the state of the body corporate's affairs at the date of the licence application must be supplied.

9.  For the purposes of paragraph 8(d)(ii), whether a body corporate has control of another body corporate is determined as if sections 450(2) to (4) and 451(1) to (5) of the Corporation Tax Act 2010 M1 applied subject to the following modifications— U.K.

(a) for the words “the greater part” wherever they occur in section 450(3) there were substituted the words “ one-third or more ”;

(b) in section 451(4) [F4 and (5)], for the word “may”, there were substituted the word “ must ”; and

(c) in section 451(4) and (5) any reference to an associate of a person is construed as including only a relative of that person (as defined by section 448(2) of the Corporation Tax Act 2010), a partner of that person and a trustee of a settlement (as defined by section 620 of the Income Tax (Trading and Other Income) Act 2005 M2 ) of which that person is a beneficiary.

Textual Amendments

F4 Words in Sch. 2 para. 9(b) inserted (15.9.2017) by The Petroleum and Offshore Gas Storage and Unloading Licensing (Amendment) Regulations 2017 (S.I. 2017/855), regs. 1, 5(3)(b)

Marginal Citations

M1 2010 c. 4.

M2 2005 c. 5, amended by paragraph 552 of Schedule 1 to the Income Tax Act 2007 (c. 3) and S.I. 2012/964.

Regulation 4(3)

SCHEDULE 3 U.K. Additional information and supporting documentation required for an application for a seaward area production licence

1.  Except where the licence applied for is a [F5 multiple phase licence], evidence that the applicant will be able to meet the costs of any damage which may be caused by the release or escape of petroleum through drilling or production operations, including, where appropriate, evidence that the proposed operator is a member of the Offshore Pollution Liability Association Limited, or any body which may after the date upon which these Regulations come into force assume responsibility for the functions currently carried out by the Offshore Pollution Liability Association Limited. U.K.

Textual Amendments

F5 Words in Sch. 3 para. 1 substituted (15.9.2017) by The Petroleum and Offshore Gas Storage and Unloading Licensing (Amendment) Regulations 2017 (S.I. 2017/855), regs. 1, 5(4)

2.  A statement of the general environmental policy of the proposed operator in respect of activities licensed in seaward areas by the [F6 OGA] in accordance with section 3 of the Petroleum Act 1998 M3 together with a summary of— U.K.

(a) its management systems for the implementation of that policy, and

(b) where applicable, how those management systems will be applied to the work programme provided in accordance with paragraph 6(a) of Schedule 2.

Textual Amendments

F6 Word in Sch. 3 para. 2 substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 25(9)

Marginal Citations

M3 1998 c. 17.