EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision to amend the fees charged in relation to activities carried out by the Secretary of State relating to the environmental regulation of the offshore oil and gas industry.

Regulations 2 to 5 amend the hourly rates used to calculate fees charged under:

(a)the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001 (S.I. 2001/1754);

(b)the Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015 (S.I. 2015/385);

(c)the Pollution Prevention and Control (Fees) (Miscellaneous Amendments and Other Provisions) Regulations 2015 (S.I. 2015/1431), which make provision for charging fees:

(i)relating to certain activities under the Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) Regulations 1998 (S.I. 1998/1056), the Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015 (S.I. 2015/398) and the Fluorinated Greenhouse Gases Regulations 2015 (S.I. 2015/310);

(ii)relating to certain licences under regulation 55 of the Conservation of Offshore Marine Habitats and Species Regulations 2017 (S.I. 2017/1013);

(iii)in connection with consents under section 82A of the Energy Act 2008 (c. 32) and emergency safety notices under sections 82F and 82G(8) of that Act;

(iv)in respect of monitoring compliance with the requirements of the Energy Savings Opportunity Scheme Regulations 2014 (S.I. 2014/1643); and

(v)for applications for certain licences under section 71, and for stop notices and emergency safety notices under sections 102 to 105, of the Marine and Coastal Access Act 2009 (c. 23);

(d)the Offshore Oil and Gas Exploration, Production, Unloading and Storage (Environmental Impact Assessment) Regulations 2020 (S.I. 2020/1497).

The fees affected by regulations 2 to 5 are calculated by first determining the number of hours work carried out by specialist and non-specialist officers and then multiplying those numbers by the relevant hourly rate. In each case these Regulations amend the hourly rate for specialist officers from £197 to £201 and for non-specialist officers from £108 to £104.

A full impact assessment has not been produced for this instrument as no or no significant impact on the private, voluntary or public sectors is foreseen.