Explanatory Notes

Energy Act 2011

2011 CHAPTER 16

18 October 2011

Commentary on Sections

Part 2: Security of Energy Supplies

Chapter 3: Upstream Petroleum Infrastructure
Section 87: Powers of Secretary of State to require information

241.This section gives the Secretary of State new powers to require information about the progress of access negotiations.

242.Subsection (1) provides that where the Secretary of State has reason to believe that an application for access to upstream petroleum infrastructure has been made, he may require either the applicant or the owner to confirm this.

243.Subsection (2) allows the Secretary of State to require any applicant or owner to provide such information as he may specify, in order for him to decide whether to exercise any function under sections 82, 83 and 84, and if so, how.

244.Subsections (3) and (4) provide analogous powers to require information from anyone seeking a variation of an access notice, and from the other person to whom the notice in question was given.

245.Subsection (5) confirms that the information which may be required includes financial information.

246.Subsection (6) requires the Secretary of State not to disclose information supplied under this section except with the consent of the person who supplied it, or in accordance with his or her statutory obligations.