The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016

Continuity and the validity of things done before the relevant date

2.—(1) Anything (including legal proceedings) which, at the relevant date, is in the process of being done by or in relation to the Secretary of State in connection with a transferred function may be continued by or in relation to the OGA(1).

(2) Anything done (or having effect as if done) by or in relation to the Secretary of State in connection with a transferred function has effect, so far as is necessary for continuing its effect after the relevant date, as if done by or in relation to the OGA.

(3) Subject to paragraph (4), any instrument made, granted or given before the relevant date has effect, so far as is appropriate in connection with a transferred function, as if references to the Secretary of State (and references which are to be read as references to the Secretary of State), were or included references to the OGA.

(4) Any instrument which is a licence granted before the relevant date has effect, so far as is appropriate in connection with a transferred function, as if references to the Secretary of State (and references which are to be read as references to the Secretary of State), in any provision relating to the following, included references to the OGA—

(a) instructions relating to the avoidance of harmful methods of working;

(b) the training of persons employed in activities related to the exercise of rights granted by a licence;

(c) disclosure of information furnished under a licence;

(d) rights of access to examine installations, wells, plant, appliances and works, or

(e) arbitration.

(5) Documents or forms produced for use in connection with a transferred function may be used in connection with that function even though they contain (or are to be read as containing) references to the Secretary of State.

(6) For the purposes of the use of any documents or forms referred to in paragraph (5) after the relevant date, references to the Secretary of State are to be read as references to the OGA.

(7) These Regulations do not affect the validity of anything done (or having effect as if done) by or in relation to the Secretary of State in connection with a transferred function before the relevant date.

(8) In this regulation—

“instrument” includes awards, licences, authorisations, consents, approvals, judgments, decrees and other documents granted or given in connection with a transferred function;

“relevant date” means the date on which a transferred function is transferred ;

“Secretary of State” includes a Minister of the Crown(2) and the department or an officer of the Secretary of State;

“transferred function” means a function transferred to the OGA by regulations made under section 2(2) of, or by Schedule 1 to, the Energy Act 2016.

(1)

The OGA is defined as the Oil and Gas Authority in section 1(4) of the Energy Act 2016.

(2)

Minister of the Crown is defined in section 2(6) of the Energy Act 2016 as having the same meaning as the Ministers of the Crown Act 1975 (c. 26).