SCHEDULES
F1C1SCHEDULE 1 Provisions as to transfers of property rights and liabilities
The text of Sch. 1, Sch. 3 paras. 1–10, 11(1)(2), 21–25, 30, 31, 34–44, Sch. 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Allocation of property, rights and liabilities
1
1
The provisions of this paragraph and paragraph 2 below shall have effect where a transfer to which this Schedule applies is a transfer of all property, rights and liabilities comprised in a prescribed part of the transferor’s undertaking, but shall not apply to any such rights or liabilities under a contract of employment.
2
Any property, right or liability comprised partly in the part of the transferor’s undertaking which is transferred to the transferee and partly in the part of that undertaking which is retained by the transferor shall, where the nature of the property, right or liability permits, be divided or apportioned between the transferor and the transferee in such proportions as may be appropriate ; and, where any estate or interest in land falls to be so divided—
a
any rent payable under a lease in respect of that estate or interest ; and
b
any rent charged on that estate or interest,
shall be correspondingly apportioned or divided so that the one part is payable in respect of, or charged on, only one part of the estate or interest and the other part is payable in respect of, or charged on, only the other part of the estate or interest.
3
Sub-paragraph (2) above shall apply, with any necessary modifications, in relation to any feuduty payable in respect of an estate or interest in land in Scotland as it applies in relation to any rents charged on an estate or interest in land.
4
Any property, right or liability comprised as mentioned in sub-paragraph (2) above the nature of which does not permit its division or apportionment as so mentioned shall be transferred to the transferee or retained by the transferor according to—
a
in the case of an estate or interest in land, whether on the transfer date the transferor or the transferee appears to be in greater need of the security afforded by that estate or interest or, where neither appears to be in greater need of that security, whether on that date the transferor or the transferee appears likely to make use of the land to the greater extent ;
b
in the case of any other property or any right or liability, whether on the transfer date the transferor or the transferee appears likely to make use of the property, or as the case may be to be affected by the right or liability, to the greater extent,
subject (in either case) to such arrangements for the protection of the other of them as may be agreed between them.
2
1
It shall be the duty of the transferor and the transferee, whether before or after the transfer date, so far as practicable to arrive at such written agreements and to execute such other instruments as are necessary or expedient to identify or define the property, rights and liabilities transferred to the transferee or retained by the transferor and as will—
a
afford to the transferor and the transferee as against one another such rights and safeguards as they may require for the proper discharge of their respective functions ; and
b
make as from such date, not being earlier than the transfer date, as may be specified in the agreement or instrument such clarification and modifications of the division of the transferor’s undertaking as will best serve the proper discharge of the respective functions of the transferor and the transferee.
2
Any such agreement shall provide so far as it is expedient—
a
for the granting of leases and for the creation of other liabilities and rights over land whether amounting in law to interests in land or not, and whether involving the surrender of any existing interest or the creation of a new interest or not;
b
for the granting of indemnities in connection with the severance of leases and other matters ; and
c
for responsibility for registration of any matter in any statutory register.
3
If the transferor or the transferee represents to the Secretary of State, or if it appears to the Secretary of State without such a representation, that it is unlikely in the case of any matter on which agreement is required under sub-paragraph (1) above that such agreement will be reached , the Secretary of State may, whether before or after the transfer date, give a direction determining that matter and may include in the direction any provision which might have been included in an agreement under sub-paragraph (1) above ; and any property, rights or liabilities required by the direction to be transferred to the transferee shall be regarded as having been transferred by the scheme to, and by virtue thereof vested in, the transferee accordingly.
Rights and liabilities under contracts of employment
3
1
The provisions of this paragraph shall have effect where a transfer to which this Schedule applies is a transfer of all property, rights and liabilities comprised in a prescribed part of the transferor’s undertaking and it falls to be determined whether the rights and liabilities transferred include rights and liabilities under a particular contract of employment.
2
Rights and liabilities under the contract of employment shall be transferred only if immediately before the transfer date the employee is employed wholly or mainly for the purposes of the part of the transferor’s undertaking which is transferred.
3
The transferor, the transferee or the employee may apply to the Secretary of State to determine whether or not rights and liabilities in respect of the employee’s services under the contract of employment are transferred, and the Secretary of State’s decision on the application shall be final.
Right to production of documents of title
4
Where on any transfer to which this Schedule applies the transferor is entitled to retain possession of any documents relating in part to the title to, or to the management of, any land or other property transferred to the transferee, the transferor shall be deemed to have given to the transferee an acknowledgment in writing of the right of the transferee to production of that document and to delivery of copies thereof; and section 64 of the M1 Law of Property Act 1925 shall have effect accordingly, and on the basis that the acknowledgment did not contain any such expression of contrary intention as is mentioned in that section.
Perfection of vesting of certain property or rights
5
Where in the case of any transfer to which this Schedule applies any property, right or liability which falls to be transferred to the transferee cannot be properly vested in the transferee by virtue of the scheme because transfers thereof are governed otherwise than by the law of a part of the United Kingdom, the transferor and the transferee shall take all practicable steps for the purpose of securing that the transfer of the property, right or liability is effective under the relevant foreign law.
Proof of title by certificate
6
In the case of any transfer to which this Schedule applies, a joint certificate by or on behalf of the transferor and the transferee that any property specified in the certificate, or any such interest in or right over any such property as may be so specified, or any right or liability so specified, is by virtue of the scheme for the time being vested in such one of them as may be so specified, shall be conclusive evidence for all purposes of that fact ; and if on the expiration of one month after a request from either of them for the preparation of such a joint certificate as respects any property, interest, right or liability they have failed to agree on the terms of the certificate, they shall refer the matter to the Secretary of State and issue the certificate in such terms as he may direct.
Restrictions on dealing with certain land
7
If the Secretary of State is satisfied on the representation of the transferor or the transferee that, in consequence of a transfer to which this Schedule applies, different interests in land, whether the same or different land, are held by the transferor and by the transferee and that the circumstances are such that this paragraph should have effect, the Secretary of State may direct that this paragraph shall apply to such of that land as may be specified in the direction, and while that direction remains in force—
a
neither the transferor nor the transferee shall dispose of any interest to which they may respectively be entitled in any of the specified land except with the consent of the Secretary of State ;
b
if in connection with any proposal to dispose of any interest of either the transferor or the transferee in any of the specified land it appears to the Secretary of State to be necessary or expedient for the protection of either of them, he may—
i
require either the transferor or the transferee to dispose of any interest to which it may be entitled in any of the specified land to such person and in such manner as may be specified in the requirement ;
ii
require either the transferor or the transferee to acquire from the other any interest in any of the specified land to which that other is entitled ; or
iii
consent to the proposed disposal subject to compliance with such conditions as the Secretary of State, may see fit to impose ;
but a person other than the transferor and the transferee dealing with, or with a person claiming under, either the transferor or the transferee shall not be concerned to see or enquire whether this paragraph applies or has applied in relation to any land to which the dealing relates or as to whether the provisions of this paragraph have been complied with in connection with that land, and no transaction between persons other than the transferor and the transferee shall be invalid by reason of any failure to comply with those provisions.
Construction of agreements, licences, statutory provisions and documents
8
1
This paragraph applies where in the case of any transfer to which this Schedule applies any rights or liabilities transferred are rights or liabilities under an agreement or licence to which the transferor was a party immediately before the transfer date, whether in writing or not, and whether or not of such nature that rights and liabilities thereunder could be assigned by the transferor.
2
So far as relating to property, rights or liabilities transferred to the transferee, the agreement or licence shall have effect on and after the transfer date as if—
a
the transferee had been the party thereto ;
b
for any reference (whether express or implied and, if express, however worded) to the transferor there were substituted, as respects anything falling to be done on or after the transfer date, a reference to the transferee;
c
any reference (whether express or implied and, if express, however worded) to a person employed by, or engaged in the business of, the transferor and holding a specified office or serving in a specified capacity were, as respects anything falling to be done on or after the transfer date, a reference to such person as the transferee may appoint or, in default of appointment, to a person employed by, or engaged in the business of, the transferee who corresponds as nearly as may be to the first-mentioned person;
d
any reference in general terms (however worded) to persons employed by, persons engaged in the business of, or agents of, the transferor were, as respects anything to be done on or after the transfer date, a reference to persons employed by, persons engaged in the business of, or agents of, the transferee.
9
Except as otherwise provided in any provision of this Act (whether expressly or by necessary implication) paragraph 8 above shall, so far as applicable, apply in relation to any statutory provision, any provision of an agreement or licence to which the transferor was not a party and any provision of a document other than an agreement or licence, if and so far as the provision in question relates to any of the transferred rights and liabilities, as it applies in relation to an agreement or licence to which the transferor was a party, and, in relation to any such statutory or other provision as aforesaid, references in sub-paragraph (2)(b), (c) and (d) of that paragraph to the transferor and to any persons employed by, persons engaged in the business of, or agents of, the transferor include references made by means of a general reference to a class of persons of which the transferor is one, without the transferor itself being specifically referred to.
10
Without prejudice to the generality of the provisions of paragraphs 8 and 9 above, the transferee under a transfer to which this Schedule applies and any other person shall, as from the transfer date, have the same rights powers and remedies (and in particular the same rights and powers as to the taking or resisting of legal proceedings or the making or resisting of applications to any authority) for ascertaining, perfecting or enforcing any right or liability vested in the transferee by virtue of the scheme as he would have had if that right or liability had at all times been a right or liability of the transferee, and any legal proceedings or applications to any authority pending on the transfer date by or against the transferor in so far as they relate to any property, right or liability vested in the transferee by virtue of the scheme, or to any agreement or enactment relating to any such property, right or liability, shall be continued by or against the transferee to the exclusion of the transferor.
11
The provisions of paragraphs 8 to 10 above shall have effect for the interpretation of agreements, licences, statutory provisions and other instruments subject to the context, and shall not apply where the context otherwise requires.
Third parties affected by vesting provisions
12
1
Without prejudice to the provisions of paragraphs 8 to 11 above, any transaction effected between the transferor and the transferee in pursuance of paragraph 2(1) above or of a direction under paragraph 2(3) above shall be binding on all other persons, and notwithstanding that it would, apart from this sub-paragraph, have required the consent or concurrence of any other person.
2
It shall be the duty of the transferor and the transferee if they effect any transaction in pursuance of paragraph 2(1) above or a direction under paragraph 2(3) above to notify any person who has rights or liabilities which thereby become enforceable as to part by or against the transferor and as to part by or against the transferee, and if, within 28 days of being notified, such a person applies to the Secretary of State and satisfies him that the transaction operated unfairly against him the Secretary of State may give such directions to the transferor and the transferee as appear to him appropriate for varying the transaction.
3
If in consequence of a transfer to which this Schedule applies or of anything done in pursuance of the provisions of this Schedule the rights or liabilities of any person other than the transferor and the transferee which were enforceable against or by the transferor become enforceable as to part against or by the transferor and as to part against or by the transferee, and the value of any property or interest of that person is thereby diminished, such compensation as may be just shall be paid to that person by the transferor, the transferee or both, and any dispute as to whether and if so how much compensation is so payable, or as to the person to or by whom it shall be paid, shall be referred to and determined by an arbitrator appointed by the Lord Chancellor or, where the proceedings are to be held in Scotland, by an arbiter appointed by the Lord President of the Court of Session.
4
Where in the case of a transfer to which this Schedule applies the transferor or the transferee purports by any conveyance or transfer to transfer to some person other than the transferor or the transferee for consideration any land or any other property transferred which before the transfer date belonged to the transferor or which is an interest in property which before that date belonged to the transferor, the conveyance or transfer shall be as effective as if both the transferor and the transferee had been parties thereto and had thereby conveyed or transferred all their interests in the property conveyed or transferred.
5
If in the case of any transfer to which this Schedule applies it appears to the court, at any stage in any court proceedings to which the transferor or the transferee and a person other than the transferor or the transferee are parties, that the issues in the proceedings depend on the identification or definition of any of the property, rights or liabilities transferred which the transferor and the transferee have not yet effected, or to raise a question of construction on the relevant provisions of this Act which would not arise if the transferor and the transferee constituted a single person, the court may, if it thinks fit on the application of a party to the proceedings other than the transferor and the transferee, hear and determine the proceedings on the footing that such one of the transferor and the transferee as is a party to the proceedings represents and is answerable for the other of them, and that the transferor and the transferee constitute a single person, and any judgment or order given by the court shall bind both the transferor and the transferee accordingly.
6
In the case of any transfer to which this Schedule applies it shall be the duty of the transferor and the transferee to keep one another informed of any case where either of them may be prejudiced by sub-paragraph (4) or (5) above, and if either the transferor or the transferee claims that it has been so prejudiced and that the other of them ought to indemnify or make a repayment to it on that account and has unreasonably failed to meet that claim, it may refer the matter to the Secretary of State for determination by him.
SCHEDULE 2 Petroleum Production Licences: Modification of Model Clauses
Part II of Schedule 2 to the 1975 Act
1
1
In paragraph (1) of clause 9 of the model clauses set out in Part II of Schedule 2 to the 1975 Act for the words “clause 10” there shall be substituted the words “
clauses 10 and 11A
”
.
2
In paragraph (6) of clause 10 of those clauses after the words “for tax purposes” there shall be inserted the words “
and a sum has been ascertained in pursuance of paragraph (7) of clause 9 of this licence in respect of the cost of conveying and treating the petroleum
”
and for the words “clause 9 of this licence” there shall be substituted the words “
that clause
”
.
3
In paragraph (7) of that clause for the words “the amount specified in the previous notice” there shall be substituted the words “
the total amount already paid by the Licensee in pursuance of this clause in respect of that period
”
.
4
In paragraph (9) of that clause for the words “falls to be” there shall be substituted the word “
is
”
.
5
After paragraph (10) of that clause there shall be inserted the following paragraph—
11
For the purposes of this clause any amount paid by the Licensee or the Minister on account of a prospective liability under paragraph (5), (6) or (7) of this clause shall be treated as paid in pursuance of that paragraph.
6
In paragraph (3) of clause 11 of those clauses—
a
in sub-paragraph (c) from “
crude oil
”
onwards there shall be substituted the words
crude oil
, condensate, natural gas and natural gas liquids, in each case of a quality or composition or of each quality or composition determined in the manner specified in the notice
b
in sub-paragraph (d) for the word “specify” there shall be substituted the words “
contain provisions with respect to
”
.
7
In paragraphs (4) of that clause for sub-paragraph (c) there shall be substituted the following sub-paragraph—
c
shall not specify, or enable to be specified, as a place at which delivery is to be made in pursuance of the notice a place which is neither a point at sea at which the Licensee normally loads, nor a point on land at which the Licensee normally lands, petroleum of any kind from the licensed area.
8
Paragraph (5) of that clause shall be omitted.
9
After that clause there shall be inserted the following clause—
11A Cost of delivery and treatment of petroleum.
1
Where petroleum or petroleum of any kind is delivered to the Minister in pursuance of a notice served by virtue of clause 11(1) of this licence, the Minister shall pay to the Licensee a sum in respect of the cost of the delivery and treatment of the petroleum; and clause 9(7) of this licence shall apply for the purpose of ascertaining that sum as if for the reference to paragraph (5)(b) of that clause there were substituted a reference to this paragraph.
2
Where, in any chargeable period, petroleum or petroleum of any kind is delivered to the Minister as mentioned in paragraph (1) of this clause, the Licensee shall, within two months after the end of that period, deliver to the Minister, in such form as the Minister may specify, a statement of the amount which the Licensee estimates is payable by the Minister in pursuance of this clause in respect of that period; and where the amount specified in the statement is larger or smaller than the total amount (if any) already paid by the Minister in pursuance of this clause in respect of that period, then—
a
if it is larger the difference shall be paid forthwith by the Minister to the Licensee; and
b
if it is smaller the difference shall be paid forthwith by the Licensee to the Minister.
3
The Minister may from time to time, after a statement in respect of any chargeable period has been delivered to him in pursuance of paragraph (2) of this clause and before he has given to the Licensee a notice in pursuance of paragraph (4) of this clause in respect of that period, give a notice in writing to the Licensee specifying the amount which the Minister estimates is payable by him in pursuance of this clause in respect of that period; and where the amount specified in the notice is larger or smaller than the total amount already paid by the Minister in pursuance of this clause in respect of that period, then—
a
if it is larger the difference shall be paid forthwith by the Minister to the Licensee; and
b
if it is smaller the difference shall be paid forthwith by the Licensee to the Minister.
4
When it appears to the Minister that the amount payable by him in pursuance of this clause in respect of any chargeable period has been finally ascertained, he may give to the Licensee a notice in writing specifying the amount which the Minister considers is so payable; and where the amount specified in the notice is larger or smaller than the total amount already paid by the Minister in pursuance of this clause in respect of that period, then, subject to paragraph (5) of this clause—
a
if it is larger the difference shall be paid forthwith by the Minister to the Licensee; and
b
if it is smaller the difference shall be paid forthwith by the Licensee to the Minister.
5
A decision made by the Minister for the purposes of paragraph (3) or (4) of this clause shall not be called in question by the Licensee except that any dispute between the Minister and the Licensee as to whether an amount specified in a notice given in pursuance of the said paragraph (4) is payable in pursuance of this clause may be referred to arbitration in the manner provided by clause 40 of this licence.
6
Where any payment is made by the Minister or the Licensee in pursuance of paragraph (3) or (4) of this clause, an amount in respect of interest on the payment shall also be payable by him to the recipient of the payment and that amount shall be calculated in such manner as the Minister may specify from time to time in a notice in writing given by him to the Licensee; but—
a
a notice in pursuance of this paragraph shall provide for amounts by way of interest to be calculated by applying a rate of interest which is for the time being a commercial rate of interest; and
b
any such amount in respect of interest shall be disregarded in calculating for the purposes of the said paragraph (3) or (4) any amount already paid by the Minister in pursuance of this clause.
7
For the purposes of this clause any amount paid by the Minister or the Licensee on account of a prospective liability under paragraph (3) or (4) of this clause shall be treated as paid in pursuance of that paragraph.
Part II of Schedule 3 to the 1975 Act
2
1
In paragraph (6) of clause 10 of the model clauses set out in Part II of Schedule 3 to the 1975 Act after the words “for tax purposes” there shall be inserted the words “
and a sum has been ascertained in pursuance of paragraph (7) of clause 9 of this licence in respect of the cost of conveying and treating the petroleum
”
and for the words “clause 9 of this licence” there shall be substituted the words “
that clause
”
.
2
In paragraph (7) of that clause for the words “the amount specified in the previous notice” there shall be substituted the words “
the total amount already paid by the Licensee in pursuance of this clause in respect of that period
”
.
3
In paragraph (9) of that clause for the words “falls to be” there shall be substituted the word “
is
”
.
4
After paragraph (10) of that clause there shall be inserted the following paragraph—
11
For the purposes of this clause any amount paid by the Licensee or the Minister on account of a prospective liability under paragraph (5), (6) or (7) of this clause shall be treated as paid in pursuance of that paragraph.
5
In paragraph (1) of clause 11 of those clauses the words “at the place where it was won” shall be omitted.
6
In paragraph (3) of that clause—
a
in sub-paragraph (c) for the words from “crude oil” onwards there shall be substituted the words “
crude oil, condensate, natural gas and natural gas liquids, in each case of a quality or composition or of each quality or composition determined in the manner specified in the notice
”
; and
b
in sub-paragraph (d) for the word “specify” there shall be substituted the words “
contain provisions with respect to
”
.
7
In paragraph (4) of that clause there shall be inserted at the end the following sub-paragraph—
c
shall not specify, or enable to be specified, as a place at which delivery is to be made in pursuance of the notice a place which is not a point at which the Licensee normally delivers petroleum of any kind from the licensed area.
8
Paragraph (5) of that clause shall be omitted.
9
After that clause there shall be inserted the following clause—
11A Cost of delivery and treatment of petroleum.
1
Where petroleum or petroleum of any kind is delivered to the Minister in pursuance of a notice served by virtue of clause 11(1) of this licence, the Minister shall pay to the Licensee a sum in respect of the cost of the delivery and treatment of the petroleum; and clause 9(7) of this licence shall apply for the purpose of ascertaining that sum as if for the reference to paragraph (5)(b) of that clause there were substituted a reference to this paragraph.
2
Where, in any chargeable period, petroleum or petroleum of any kind is delivered to the Minister as mentioned in paragraph (1) of this clause, the Licensee shall, within two months after the end of that period, deliver to the Minister, in such form as the Minister may specify, a statement of the amount which the Licensee estimates is payable by the Minister in pursuance of this clause in respect of that period; and where the amount specified in the statement is larger or smaller than the total amount (if any) already paid by the Minister in pursuance of this clause in respect of that period, then—
a
if it is larger the difference shall be paid forthwith by the Minister to the Licensee; and
b
if it is smaller the difference shall be paid forthwith by the Licensee to the Minister.
3
The Minister may from time to time, after a statement in respect of any chargeable period has been delivered to him in pursuance of paragraph (2) of this clause and before he has given to the Licensee a notice in pursuance of paragraph (4) of this clause in respect of that period, give a notice in writing to the Licensee specifying the amount which the Minister estimates is payable by him in pursuance of this clause in respect of that period; and where the amount specified in the notice is larger or smaller than the total amount already paid by the Minister in pursuance of this clause in respect of that period, then—
a
if it is larger the difference shall be paid forthwith by the Minister to the Licensee; and
b
if it is smaller the difference shall be paid forthwith by the Licensee to the Minister.
4
When it appears to the Minister that the amount payable by him in pursuance of this clause in respect of any chargeable period has been finally ascertained, he may give to the Licensee a notice in writing specifying the amount which the Minister considers is so payable; and where the amount specified in the notice is larger or smaller than the total amount already paid by the Minister in pursuance of this clause in respect of that period, then, subject to paragraph (5) of this clause—
a
if it is larger the difference shall be paid forthwith by the Minister to the Licensee; and
b
if it is smaller the difference shall be paid forthwith by the Licensee to the Minister.
5
A decision made by the Minister for the purposes of paragraph (3) or (4) of this clause shall not be called in question by the Licensee except that any dispute between the Minister and the Licensee as to whether an amount specified in a notice given in pursuance of the said paragraph (4) is payable in pursuance of this clause may be referred to arbitration in the manner provided by clause 38 of this licence.
6
Where any payment is made by the Minister or the Licensee in pursuance of paragraph (3) or (4) of this clause, an amount in respect of interest on the payment shall also be payable by him to the recipient of the payment and that amount shall be calculated in such manner as the Minister may specify from time to time in a notice in writing given by him to the Licensee; but—
a
a notice in pursuance of this paragraph shall provide for amounts by way of interest to be calculated by applying a rate of interest which is for the time being a commercial rate of interest; and
b
any such amount in respect of interest shall be disregarded in calculating for the purposes of the said paragraph (3) or (4) any amount already paid by the Minister in pursuance of this clause.
7
For the purposes of this clause any amount paid by the Minister or the Licensee on account of a prospective liability under paragraph (3) or (4) of this clause shall be treated as paid in pursuance of that paragraph.
8
In this clause “chargeable period” has the same meaning as in clause 9 of this licence.
Schedule 4 to the 1976 Regulations
3
1
In paragraph (6) of clause 10 of the model clauses set out in Schedule 4 to the M2Petroleum (Production) Regulations 1976 for the words “the amount specified in the previous notice” there shall be substituted the words “
the total amount already paid by the Licensee in pursuance of this clause in respect of that period
”
.
2
In paragraph (8) of that clause for the words “falls to be” there shall be substituted the word “
is
”
.
3
After paragraph (9) of that clause there shall be inserted the following paragraph—
10
For the purposes of this clause any amount paid by the Licensee or the Minister on account of a prospective liability under paragraph (4), (5) or (6) of this clause shall be treated as paid in pursuance of that paragraph.
4
In paragraph (1) of clause 11 of those clauses the words “at the place where it was won” shall be omitted.
5
In paragraph (3) of that clause—
a
in sub-paragraph (c) for the words from “crude oil” onwards there shall be substituted the words “
crude oil, condensate, natural gas and natural gas liquids, in each case of a quality or composition or f of each quality or composition determined in the manner specified in the notice
”
; and
b
in sub-paragraph (d) for the word “specify” there shall be substituted the words “
contain provisions with respect to
”
.
6
In paragraph (4) of that clause there shall be inserted at the end the l following sub-paragraph—
c
shall not specify, or enable to be specified, as a place at which delivery is to be made in pursuance of the notice a place which is not a point at which the Licensee normally delivers petroleum of any kind from the licensed area.
Schedule 5 to the 1976 Regulations as originally made or as amended by the 1978 Regulations
4
1
In paragraph (6) of clause 10 of the model clauses set out in Schedule 5 to the M3Petroleum (Production) Regulations 1976 as originally made or as amended by the M4Petroleum (Production)
(Amendment) Regulations 1978 for the words “the amount specified in the previous notice” there shall be substituted the words “
the total amount already paid by the Licensee in pursuance of this clause in respect of that period
”
.
2
In paragraph (8) of that clause for the words “falls to be” there shall be substituted the word “
is
”
.
3
After paragraph (9) of that clause there shall be inserted the following paragraph—
10
For the purposes of this clause any amount paid by the Licensee or the Minister on account of a prospective liability under paragraph (4), (5) or (6) of this clause shall be treated as paid in pursuance of that paragraph.
4
In paragraph (3) of clause 11 of those clauses—
a
in sub-paragraph (c) for the words from “crude oil” onwards there shall be substituted the words “
crude oil, condensate, natural gas and natural gas liquids, in each case of a quality or composition or of each quality or composition determined in the manner specified in the notice
”
; and
b
in sub-paragraph (d) for the word “specify” there shall be substituted the words “
contain provisions with respect to
”
.
5
In paragraph (4) of that clause for sub-paragraph (c) there shall be substituted the following sub-paragraph—
c
shall not specify, or enable to be specified, as a place at which delivery is to be made in pursuance of the notice a place which is neither a point at sea at which the Licensee normally loads, nor a point on land at which the Licensee normally lands, petroleum of any kind from the licensed area.
Schedule 5 to the 1976 Regulations as amended by the 1978 and 1980 Regulations
5
1
In paragraph (4) of clause 10 of the model clauses set out in Schedule 5 to the M5Petroleum (Production) Regulations 1976 as amended by the M6Petroleum (Production)
(Amendment) Regulations 1978 and the M7Petroleum (Production)
(Amendment) Regulations 1980 after the words “of this clause” there shall be inserted the words “
and before he has given to the Licensee a notice in pursuance of paragraph (5) of this clause in respect of that period
”
.
2
In paragraph (6) of that clause for the words “the amount specified in the previous notice” there shall be substituted the words “
the total amount already paid by the Licensee in pursuance of this clause in respect of that period
”
.
3
In paragraph (8) of that clause the words “or on account of a prospective liability under” shall be omitted.
4
After paragraph (9) of that clause there shall be inserted the following paragraph—
10
For the purposes of this clause any amount paid by the Licensee or the Minister on account of a prospective liability under paragraph (4), (5) or (6) of this clause shall be treated as paid in pursuance of that paragraph.
5
In paragraph (3) of clause 11 of those clauses, in sub-paragraph (c) for the words from “crude oil” onwards there shall be substituted the words “
crude oil, condensate, natural gas and natural gas liquids, in each case of a quality or composition or of each quality or composition determined in the manner specified in the notice
”
.
SCHEDULE 3 Minor and Consequential Amendments
The Continental Shelf Act 1964
C21
At the end of section 1(7) of the 1964 Act (designated areas) there shall be inserted the words “
; and the power to make Orders for the purpose of consolidating them.
”
C32
In section 6 (wireless telegraphy) and section 7 (radioactive substances) of that Act for the words “section 3 of this Act” there shall be substituted the words “
section 23 of the Oil and Gas (Enterprise) Act 1982
”
.
C43
In section 11(1) of that Act for the words from “under this Act (including” to “section 3(1) of this Act)” there shall be substituted the words “
under another Act as applies by or under this Act
”
.
C54
After section 11 of that Act there shall be inserted the following section—
11A Interpretation.
In this Act “installation” includes any floating structure or device maintained on a station by whatever means.
F2 The General Rate Act 1967
Sch. 3 paras. 5, 6 repealed (E.W.S.) by Gas Act 1986 (c. 44, SIF 44:2), s. 67(4), Sch. 9 Pt. I
C65
1
In subsection (3) of section 33 of the M8General Rate Act 1967 (British Gas Corporation) for the words from “the Corporation”, in the first place where they occur, to the end of paragraph (c) there shall be substituted the following paragraphs—
a
the Corporation—
i
supplied gas to consumers in that area ; or
ii
manufactured gas in that area ; or
iii
produced gas in that area by the application to gas purchased by them of any process not consisting only of purification, or of blending with other gases, or of both purification and such blending ; or
b
private suppliers (within the meaning of section 33A of this Act) supplied to consumers in that area gas which had been conveyed (whether within or outside that area) by pipe-lines belonging to the Corporation,
2
In subsection (7) of that section for the words “includes gas in a liquid state” there shall be substituted the words “
has the same meaning as in Part I of the Gas Act 1972
”
.
C76
After that section there shall be inserted the following section—
33A Other suppliers of gas.
1
The Secretary of State may by order provide that, in such cases and subject to such exceptions amd modifications as may be prescribed by the order, section 33 of and Part II of Schedule 6 to this Act shall apply to premises occupied by private suppliers for or in connection with the supply of gas through pipes to consumers’ premises.
2
In this section—
“gas” has the same meaning as in Part III of the Gas Act 1972 ;
“private supplier” means a person authorised by a consent given under section 29 of that Act, or by section 29A of that Act, to supply gas through pipes to consumers’ premises.
3
Any statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The Mineral Workings (Offshore Installations) Act 1971
C87
1
In section 3(4) of the 1971 Act (construction and survey regulations for offshore installations) for the words “the concession owner”, in both places where they occur, there shall be substituted the words “
every person who, in relation to the installation, is a concession owner
”
.
C98
In sections 3(4), 4(1), 6(1) and 9(2) of that Act, for the words “waters to which this Act applies”, wherever they occur, there shall be substituted the words “
controlled waters
”
.
C109
In section 5(2) of that Act (masters of offshore installations, further provisions) for the words “an installation” there shall be substituted the words “
an offshore installation
”
.
C1110
In section 6(2) of that Act (safety regulations) the word “and” immediately following paragraph (c) shall be omitted and after that paragraph there shall be inserted the following paragraph—
cc
vessels on which accommodation is provided for persons who work on or from installations, and
11
C121
In subsection (1) of section 12 of that Act (interpretation)—
a
for the definition of “concession owner” there shall be substituted the following definition—
“controlled waters” has the same meaning given by section 1(4) of this Act,
b
after the definition of “designated areas” there shall be inserted the following definition—
“foreign sector of the continental shelf” has the meaning as given by section 1(4) of this Act,
c
for the definition of “offshore installation” there shall be substituted the following definition–
“offshore installation” has the meaning given by section 1(4) of this Act,
d
the definitions of “underwater exploitation” and “underwater exploration” shall be omitted.
C122
For subsections (2) and (3) of that section there shall be substituted the following subsections—
2
A person who has the right to exploit or explore mineral resources in any area, or to store gas in any area and to recover gas so stored, shall be a concession owner for the purposes of this Act in relation to any offshore installation at any time if, at that time, there is carried on from, by means of or on the installation any of the following activities, namely—
a
the exploitation or exploration of mineral resources, or the storage or recovery of gas, in the exercise of that right ;
b
the conveyance in that area by means of a pipe or system of pipes, of minerals gotten, or gas being stored or recovered, in the exercise of that right ; and
c
the provision of accommodation for persons who work on or from an installation which is or has been maintained, or is intended to be established, for the carrying on of an activity falling within paragraph (a) or (b) above or this paragraph.
3
The fact that an installation has been maintained for the carryingon of an activity falling within subsection (2) above shall be disregarded for the purposes of paragraph (c) of that subsection if, since it was so maintained, the installation—
a
has been outside controlled waters or, where it was so maintained in a part of a foreign sector of the continental shelf adjacent to those waters, the area consisting of those waters and that part ; or
b
has been maintained for the carrying on of an activity not falling within that subsection.
12
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
The Social Security Act 1975
F421
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Oil Taxation Act 1975
C1322
In paragraph 2A(4) of Schedule 3 to the M9Oil Taxation Act 1975—
a
in paragraph (a) for the words “section 8 or 9 of that Act” there shall be substituted the words “
section 29 of the Gas Act 1972
”
and the words “or use” and “and to the use of the gas supplied under it” shall be omitted ; and
b
in paragraph (b) for the words “those sections” there shall be substituted the words “
that section
”
and the words “or use” shall be omitted.
23
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
The Sex Discrimination Act 1975
C1424
In section 10(5) of the M10Sex Discrimination Act 1975 (employment at establishment in Great Britain)—
a
for the words from “exploration” to “natural resources” there shall be substituted the words “
any activity falling within section 23(2) of the Oil and Gas (Enterprise) Act 1982
”
; and
b
after “1964” there shall be inserted the words “
or specified under section 22(5) of the Oil and Gas (Enterprise) Act 1982
”
.
The Employment Protection Act 1975
F625
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
26
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7
27
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8
29
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9
C1530
In section 44 of that Act (extension of 1971 Act) subsections (1) to (4) shall be omitted.
C1631
In section 45(3) of that Act (exclusion of Dumping at Sea Act 1974) the words “or any such other installation as is mentioned in section 44(1) of this Act” shall be omitted.
32
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10
33
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11
The Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976
F2034
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Fair Employment (Northern Ireland) Act 1976
C1735
In section 49(3) of the M11Fair Employment (Northern Ireland) Act 1976 (employment at establishment in Northern Ireland)—
a
for the words from “the exploration” to “natural resources” there shall be substituted the words “
any activity falling within section 23(2) of the Oil and Gas (Enterprise) Act 1982
”
; and
b
after “1964” there shall be inserted the words “
or specified under section 22(5) of the Oil and Gas (Enterprise) Act 1982
”
.
Race Relations Act 1976
C1836
In section 8(5) (employment at establishment in Great Britain) and section 9(3) (exception for seament recruited abroad) of the M12Race Relations Act 1976—
a
for the words from “exploration” to “natural resources” there shall be substituted the words “
any activity falling within section 23(2) of the Oil and Gas (Enterprise) Act 1982
”
; and
b
after “1964” there shall be inserted the words “
or specified under section 22(5) of the Oil and Gas (Enterprise) Act 1982
”
.
The Energy Act 1976
F1937
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Sex Discrimination (Northern Ireland) Order 1976
C1938
In section 13(5) of the M13Sex Discrimination (Northern Ireland) Order 1976 (employment at establishment in Northern Ireland)—
a
for the words from “exploration” to “natural resources” there shall be substituted the words “
any activity falling within section 23(2) of the Oil and Gas (Enterprise) Act 1982
”
; and
b
after “1964” there shall be inserted the words “
or specified under section 22(5) of the Oil and Gas (Enterprise) Act 1982
”
.
The Patents Act 1977
C2039
In section 132(4) of the M14Patents Act 1977 (application of Act) for the words from “in connection” to “resources” there shall be substituted the words “
or specified by Order under section 22(5) of the Oil and Gas (Enterprise) Act 1982 in connection with any activity falling within section 23(2) of that Act
”
.
The Employment Protection (Consolidation) Act 1978
F1240
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Wages Councils Act 1979
F13C2141
1
For subsection (2) of section 27 of the M15Wages Councils Act 1979 (extension of Act) there shall be substituted the following subsection—
2
This section applies to employment for the purposes of—
a
any activities in the territorial waters of the United Kingdom ; or
b
any activities which, if paragraphs (a) and (d) of subsection (6) of section 23 of the Oil and Gas (Enterprise) Act 1982 (application of civil law to certain offshore activities) were omitted, would nevertheless fall within subsection (2) of that section
2
Subsection (5) of that section shall be omitted.
The Civil Jurisdiction and Judgements Act 1982
C2242
In paragraph 9 of Schedule 5 to the Civil Jurisdiction and Judgements Act 1982 (proceedings excluded from Schedule 4 to that Act) for the words “section 3 of the Continental Shelf Act 1964” there shall be substituted the words “
section 23 of the Oil and Gas (Enterprise) Act 1982
”
.
C2343
In paragraph 10 of Schedule 9 to that Act (proceedings excluded from Schedule 8 to that Act) for the words “section 3 of the Continental Shelf Act 1964” there shall be substituted the words “
section 23 of the Oil and Gas (Enterprise) Act 1982
”
.
The Social Security and Housing Benefits Act 1982
F1444
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16 Trade Union and Labour Relations (Consolidation) Act 1992 (c.52)
Sch. 3 para. 45 added (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(2), 302, Sch. 2 para. 29(3)(4) (which para. 45 is not in force by virtue of Sch. 2 para. 29(4) of that 1992 Act and s. 38(2) of this Act.)
F1545
1
Section 287 of the Trade Union and Labour Relations (Consolidation) Act 1992 (offshore employment) is amended as follows.
2
For subsection (1) substitute—
1
In this Act “offshore employment” means employment for the purposes of—
a
any activities in the territorial waters of the United Kingdom, and
b
any such activities as are mentioned in section 23(2) of the Oil and Gas (Enterprise Act) 1982 in waters within subsection (6)(b) or (c) of that section.
3
Omit subsection (5).
F18The Employment Rights Act 1996
Sch. 3 para. 46 and cross heading added (prosp.) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 18(1)(2) (with ss. 191-195, 202)
F1746
1
For subsection (1) of section 201 of the Employment Rights Act 1996 (offshore employment) there shall be substituted the following subsection—
1
In this section “offshore employment” means employment for the purposes of—
a
any activities in the territorial waters of the United Kingdom, or
b
any such activities as are mentioned in section 23(2) of the Oil and Gas (Enterprise) Act 1982 in waters within subsection (6)(b) or (c) of that section.
2
Subsection (5) of that section shall be omitted.
C24SCHEDULE 4 REPEALS
The text of Sch. 1, Sch. 3 paras. 1–10, 11(1)(2), 21–25, 30, 31, 34–44, Sch. 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Chapter | Short Title | Extent of Repeal |
|---|---|---|
24 & 25 Geo. 5. c. 36. | The Petroleum (Production) Act 1934. | Section 4. |
Section 10(1). | ||
1964 c. 29. | The Continental Shelf Act 1964. | Sections 2 and 3. |
Section 11(3). | ||
1971 c. 61. | The Mineral Workings (Offshore Installations) Act 1971. | In section 6(2), the word “and” immediately following paragraph (c). |
Section 8. | ||
Section 9(5). | ||
Section 10. | ||
In section 12(1) the definitions of “underwater exploitation” and “underwater exploration”. | ||
1972 c. 60.. | The Gas Act 1972. | In section 7(2), the words “to dispose of any part of their assets held by them” and the words “to dispose of any part of its undertaking or of any assets held by it”. |
Section 26. | ||
Section 28. | ||
Section 30(8). | ||
In Schedule 4— | ||
in paragraph 2(1), the proviso ; | ||
in paragraph 10, in sub-paragraph (1) the words “Subject to sub-paragraph (2) below” and sub-paragraph (2); | ||
in paragraph 26 the words “or by regulations made under section 31 of this Act” ; | ||
in paragraph 27 the words “or under any regulations made under section 31 of this Act” ; and | ||
in paragraph 28 the words “and any regulations under section 31 of this Act”. | ||
In Schedule 6, paragraph 2. | ||
1975 c. 22. | The Oil Taxation Act 1975. | In Schedule 3, inparagraph 2A(4) in paragraph (a) the words “or use” and “and to the use of gas supplied under it” and, in paragraph (b), the words “or use”. |
1975 c. 74. | The Petroleum and Submarine Pipe-lines Act 1975. | Section 1(3)(c). |
In section 2(4)(d) the words “or lend”. | ||
Section 3(3). | ||
Section 7(2). | ||
Section 14(4)(b). | ||
In section 22(1)(i), the words “connected with the pipe-line”. | ||
In section 26(3)(a), sub-paragraphs (i) and (ii). | ||
In section 40, subsections (1) and (4), in subsection (2), paragraphs (a) and (c) and, in subsection (3) paragraphs (a) and (c) and the words “and when” onwards. | ||
In section 41, subsections (1) and (2) and, in subsection (4), the words “or an order made by virtue of this section”. | ||
Section 44(1) to (4). | ||
In section 45(3) the words “or any such other installation as is mentioned in section 44(1) of this Act”. | ||
1976 c. 76. | The Energy Act 1976. | Section 8. |
In section 18(2)(a) and (3)(a) the word “8,”. | ||
1978 c. 44. | The Employment Protection (Consolidation) Act 1978. | Section 137(5). |
1978 c. 46. | The Employment (Continental Shelf) Act 1978. | The whole Act. |
1979 c. 2. | The Customs and Excise Management Act 1979. | In Schedule 4, in Part I, the entry relating to the Mineral Workings (Offshore Installations) Act 1971. |
1979 c. 12. | The Wages Council Act 1979. | Section 27(5). |
1980 c. 37. | The Gas Act 1980. | In section 1(2) the words from “and nothing” to the end. |
Sch. 1 repealed (E.W.S.) (with saving) by Gas Act 1986 (c. 44, SIF 44:2), s. 67(3)(4), Sch. 8 para. 40. Sch. 9 Pt. II