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Part 4Provisions relating to oil and gas

Third party access

81Directions under section 80: supplemental

(1)Directions under section 80 may—

(a)specify the terms on which the Secretary of State considers that the owner of the oil processing facility should enter into an agreement with the applicant for all or any of the purposes mentioned in subsection (2);

(b)specify the sums, or the method of determining the sums, which the Secretary of State considers should be paid by the applicant as consideration for the right to have petroleum processed at the facility;

(c)require the owner, if the applicant pays or agrees to pay those sums within a period specified in the directions, to enter into an agreement with the applicant on the terms specified under paragraph (a).

(2)The purposes mentioned in subsection (1)(a) are—

(a)securing to the applicant the right to have petroleum, of the kind and in the quantities specified in the direction, processed at the oil processing facility;

(b)securing that the applicant is not prevented or impeded from exercising that right;

(c)regulating the charges which may be made for the processing of petroleum by virtue of that right;

(d)securing to the applicant such ancillary or incidental rights as the Secretary of State considers necessary or expedient, which may include the right to have a pipeline connected to the facility by the owner.

(3)For the purpose of considering an application under section 80(5), the Secretary of State may by notice require the owner or the applicant to provide such information relevant to the application as may be specified or described in the notice.

(4)The information mentioned in subsection (3) may, in particular, include financial information relevant to the owner’s or the applicant’s activities with respect to oil processing operations.

(5)The Secretary of State may not disclose to any person any information obtained under subsection (3) unless—

(a)the person by or on behalf of whom the information was provided consents to the disclosure, or

(b)the disclosure is required by virtue of an obligation imposed on the Secretary of State by or under an enactment.

(6)Compliance with directions under section 80 is enforceable by civil proceedings by the Secretary of State for an injunction or interdict or for any other appropriate relief.

(7)Civil proceedings under subsection (6) are to be brought—

(a)in England and Wales, in the High Court, or

(b)in Scotland, in the Court of Session.

(8)In this section and section 80—