Search Legislation

Energy Act 2008

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are currently no known outstanding effects for the Energy Act 2008, Part 4. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Part 4E+W+S+N.I.Provisions relating to oil and gas

Petroleum licencesE+W+S+N.I.

76Transfers without the consent of the Secretary of StateE+W+S+N.I.

After section 5 of the Petroleum Act 1998 (c. 17) (existing licences) insert—

5ARights transferred without the consent of Secretary of State

(1)This section applies if—

(a)a person is (or two or more persons are) the licensee in respect of a licence under section 2 of the Petroleum (Production) Act 1934 or section 3 above (“the transferor”),

(b)the transferor transfers a right granted by the licence, or derived from a right so granted, to another person (“the transferee”) after commencement in circumstances where the consent of the Secretary of State is required for the transfer, and

(c)that consent is not obtained.

(2)The Secretary of State may, by notice given to the transferor and the transferee, direct that the right is to revert to the transferor from a date specified in the notice.

(3)The date specified must not be earlier than the date on which the notice is given.

(4)Before giving a notice to a person under subsection (2), the Secretary of State must—

(a)notify the person of the proposal to give the notice, and

(b)give the person a reasonable period within which to make written representations.

(5)The Secretary of State may not give a notice under subsection (2) after the end of the period of 3 months beginning with the date on which the Secretary of State learns of the transfer.

(6)In this section—

  • commencement” means the time when this section comes into force;

  • transfer” does not include a transfer by way of security for a loan.

5BInformation

(1)The Commissioners for Her Majesty's Revenue and Customs may disclose to the Secretary of State information relating to the transfer of a right granted by a licence under section 2 of the Petroleum (Production) Act 1934 or section 3 above, or derived from a right so granted, for the purpose of enabling the Secretary of State to determine whether a transfer to which section 5A applies has taken place.

(2)This section applies despite any statutory or other restriction on the disclosure of information.

(3)Information disclosed under this section must not be further disclosed except—

(a)for the purpose mentioned in subsection (1), with the consent (which may be general or specific) of the Commissioners,

(b)in pursuance of an order of a court, or

(c)with the consent of each person to whom the information relates.

(4)A person who discloses information contrary to subsection (3) commits an offence if the identity of the person to whom the information relates—

(a)is specified in the disclosure, or

(b)can be deduced from it.

(5)It is a defence for a person charged with an offence under this section to prove that the person reasonably believed that—

(a)the disclosure was lawful, or

(b)the information had already and lawfully been made available to the public.

(6)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or both, and

(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or both.

5COffences under section 5B: supplemental

(1)No proceedings for an offence under section 5B may be instituted in England and Wales except—

(a)by the Director of Revenue and Customs Prosecutions, or

(b)with the consent of the Director of Public Prosecutions.

(2)No proceedings for an offence under section 5B may be instituted in Northern Ireland except—

(a)by the Commissioners for Her Majesty's Revenue and Customs, or

(b)with the consent of the Director of Public Prosecutions for Northern Ireland.

(3)In the application of section 5B to Northern Ireland the reference in section 5B(6)(a) to 12 months is to be read as a reference to 6 months.

(4)In the application of section 5B to England and Wales in relation to an offence committed before the commencement of section 282 of the Criminal Justice Act 2003 (c. 44) (short sentences) the reference in section 5B(6)(a) to 12 months is to be read as a reference to 6 months.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1S. 76 in force at 26.1.2009 by S.I. 2009/45, art. 2(c)(i)

77Model clauses of petroleum licencesE+W+S+N.I.

(1)Schedule 3 amends the model clauses contained in the instruments specified in that Schedule.

(2)Where a licence granted under the Petroleum (Production) Act 1934 (c. 36) or the Petroleum Act 1998 (c. 17), and in force immediately before commencement, incorporates model clauses amended by a paragraph of Schedule 3, the licence has effect with the amendments provided for by that paragraph of that Schedule.

(3)The reference in subsection (2) to model clauses includes model clauses subject to any amendment or modification or with the omission of any model clause.

(4)Where an amendment made by a paragraph of Schedule 3 confers a power to give a notice requiring the plugging and abandonment of a well, the power may not be exercised in relation to a well the drilling of which began before commencement.

(5)Where an amendment made by a paragraph of Schedule 3 confers a power of revocation or partial revocation of a licence, that power may not be exercised by reason of an event which takes place before commencement.

(6)A reference in any document to provisions of a licence which are amended by Schedule 3 is to be construed, unless the nature of the document or the context otherwise requires, as a reference to those provisions as amended.

(7)A provision inserted in a licence by virtue of Schedule 3 may be altered or deleted by deed executed by the Secretary of State and the licensee or, as respects Scotland, by an instrument subscribed[F1 or authenticated] by the Secretary of State and the licensee in accordance with the Requirements of Writing (Scotland) Act 1995 (c. 7).

(8)In this section “commencement”, in relation to a paragraph of Schedule 3, means the time when that paragraph comes into force.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I2S. 77 in force at 26.1.2009 by S.I. 2009/45, art. 2(c)(ii)

Third party accessE+W+S+N.I.

78Third party access to infrastructureE+W+S+N.I.

(1)In section 66(1) of the Pipe-lines Act 1962 (c. 58) (interpretation)—

(a)in the definition of “gas processing operation”, omit “and” after paragraph (b) and after paragraph (c) insert—

(d)separating, purifying, blending, odorising or compressing gas, for the purpose of—

(i)converting it into a form in which a purchaser is willing to accept delivery from a seller, or

(ii)enabling it to be loaded for conveyance to another place (whether inside or outside Great Britain); and

(e)loading gas—

(i)at a facility which carries out operations of a kind mentioned in paragraph (d), or

(ii)piped from such a facility,

for the purpose of enabling the gas to be conveyed to another place (whether inside or outside Great Britain);,

(b)in the definition of “terminal”, omit “and” after paragraph (b) and after paragraph (c) insert ; and

(d)oil processing facilities (within the meaning given by section 81(8) of the Energy Act 2008);, and

(c)in the definition of “upstream petroleum pipe-line” after paragraph (c) insert— “ including all apparatus, works and services associated with the operation of such a pipe-line or network. ”

(2)In section 12 of the Gas Act 1995 (c. 45) (rights to use gas processing facilities)—

(a)in subsection (6), in the definition of “gas processing operation”, omit “and” at the end of paragraph (b) and after paragraph (c) insert—

(d)separating, purifying, blending, odorising or compressing gas for the purpose of—

(i)converting it into a form in which a purchaser is willing to accept delivery from a seller, or

(ii)enabling it to be loaded for conveyance to another place (whether inside or outside Great Britain); and

(e)loading gas—

(i)at a facility which carries out operations of a kind mentioned in paragraph (d), or

(ii)piped from such a facility,

for the purpose of enabling the gas to be conveyed to another place (whether inside or outside Great Britain);, and

(b)for subsection (7) substitute—

(7)For the purposes of this section “associate”, in relation to the owner of a gas processing facility, is to be construed in accordance with section 82 of the Energy Act 2008 (and for this purpose the reference in subsection (1) of that section to the owner of an oil processing facility is to be read as a reference to the owner of a gas processing facility).

(3)In section 26 of the Petroleum Act 1998 (c. 17) (meaning of “pipeline”)—

(a)in subsection (1) for “any apparatus and works associated with such a pipe or system” substitute “ all apparatus, works and services associated with the operation of such a pipe or system ”, and

(b)omit subsection (2).

(4)In section 28 of that Act (interpretation of Part 3)—

(a)in the definition of “gas processing operation”, omit “and” after paragraph (b) and after paragraph (c) insert—

(d)separating, purifying, blending, odorising or compressing gas, for the purpose of—

(i)converting it into a form in which a purchaser is willing to accept delivery from a seller, or

(ii)enabling it to be loaded for conveyance to another place (whether inside or outside Great Britain); and

(e)loading gas—

(i)at a facility which carries out operations of a kind mentioned in paragraph (d), or

(ii)piped from such a facility,

for the purpose of enabling the gas to be conveyed to another place (whether inside or outside Great Britain);,

(b)after the definition of “notice” insert—

oil processing facility” means any facility in Great Britain, the territorial sea adjacent to the United Kingdom or the sea in any area designated under section 1(7) of the Continental Shelf Act 1964 which carries out oil processing operations;

oil processing operations” means any of the following operations—

(a)initial blending and such other treatment of petroleum as may be required to produce stabilised crude oil and other hydrocarbon liquids to the point at which a seller could reasonably make a delivery to a purchaser of such oil and liquids;

(b)receiving stabilised crude oil and other hydrocarbon liquids piped from an oil processing facility carrying out operations of a kind mentioned in paragraph (a), or storing oil or other hydrocarbon liquids so received, prior to their conveyance to another place (whether inside or outside Great Britain);

(c)loading stabilised crude oil and other hydrocarbon liquids piped from a facility carrying out operations of a kind mentioned in paragraph (a) or (b) for conveyance to another place (whether inside or outside Great Britain);, and

(c)in the definition of “terminal”, after paragraph (a) insert—

(aa)oil processing facilities;.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I3S. 78 in force at 6.4.2009 by S.I. 2009/45, art. 4(c)

79Modification of pipelinesE+W+S+N.I.

(1)The Pipe-lines Act 1962 (c. 58) is amended as follows.

(2)After section 10F (reducing necessity for constructing additional pipelines) insert—

10GCompulsory modifications of pipe-lines

(1)In the case of an upstream petroleum pipe-line, the Secretary of State may, on the application of a person other than the owner, give a notice (a “pipe-line modification notice”) to the applicant and the owner.

(2)The Secretary of State may give a pipe-line modification notice only if the Secretary of State is satisfied—

(a)that the capacity of the pipe-line can and should be increased by modifying the apparatus and works associated with the pipe-line, or

(b)that the pipe-line can and should be modified by installing in it a junction through which another pipe-line may be connected to the pipe-line.

(3)A pipe-line modification notice must—

(a)specify the modifications which the Secretary of State thinks should be made,

(b)specify the sums, or the method of determining the sums, which the Secretary of State thinks should be paid to the owner by the applicant for the purpose of defraying the cost of the modifications,

(c)require the applicant to make such arrangements as the Secretary of State thinks appropriate to secure that those sums will be paid to the owner if the owner carries out the modifications or satisfies the Secretary of State that they will be carried out,

(d)specify the period within which the applicant must make the arrangements mentioned in paragraph (c),

(e)require the owner, if the applicant makes the arrangements mentioned in paragraph (c) within the period specified under paragraph (d), to carry out the modifications within a period specified in the notice, and

(f)authorise the owner to recover the sums mentioned in paragraph (b) from the applicant if the works are carried out or the Secretary of State is satisfied that they will be carried out.

(4)Before giving a pipe-line modification notice, the Secretary of State must give the owner of the pipe-line an opportunity to be heard.

(5)References in this section to modifications include, in the case of apparatus and works, references to changes in, substitutions for and additions to the apparatus and works.

(6)This section does not apply in relation to a pipe-line if and to the extent that section 14 of the Petroleum Act 1998 applies in relation to it.

10HEnforcement

(1)It is an offence for the owner of a pipe-line to contravene any provision of a pipe-line modification notice under section 10G in respect of the pipe-line.

(2)A person guilty of the offence is liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum, and

(b)on conviction on indictment, to a fine.

(3)It is a defence, in any proceedings for the offence, to prove that the accused exercised due diligence to comply with the provisions of the pipe-line modification notice.

(4)Proceedings for the offence may not be instituted in England and Wales except—

(a)by the Secretary of State or by a person authorised to do so by the Secretary of State, or

(b)by or with the consent of the Director of Public Prosecutions.

(5)Where the offence is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of, an officer of the body corporate, that officer (as well as the body corporate) is guilty of the offence and is liable to be proceeded against and dealt with accordingly.

(6)Where the affairs of a body corporate are managed by its members, subsection (5) applies in relation to the acts and defaults of a member in connection with the member's functions of management as it applies to an officer of the body corporate.

(7)In this section “officer”, in relation to a body corporate, means—

(a)any director, secretary or other similar officer of the body corporate, or

(b)any person who was purporting to act in any such capacity.

(3)In section 10E (third party access to upstream petroleum pipelines), in subsection (1) after “pipe-lines” insert “ (but does not apply to a pipe-line if and to the extent that section 14 of the Petroleum Act 1998 applies in relation to it) ”.

(4)In section 10F (supplemental provision relating to third party access), after subsection (4) add—

(5)Before giving a notice under section 10G(1), the Secretary of State must give the person who applied for that notice—

(a)particulars of the modifications which it is proposed to specify in the notice, and

(b)an opportunity to make applications under section 10E in respect of the pipeline;

and section 10E and subsections (1) to (4) of this section have effect for this purpose as if references to a pipe-line were references to the pipe-line as it would be with those modifications.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I4S. 79 in force at 6.4.2009 by S.I. 2009/45, art. 4(c)

F280Third party access to oil processing facilitiesE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F281Directions under section 80: supplementalE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F282Meaning of “associate”E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources