This section does not apply by virtue of subsection (1)(c) where a person makes an application to the owner of a gas processing facility for a right to have gas processed by the facility for a downstream purpose (as to which, see section 12 of the Gas Act 1995).

If the applicant and the owner do not reach agreement on the access application, the applicant may apply to the F1OGA for a notice under subsection (11) which would secure to the applicant the right sought in the access application.

The F1OGA may not consider an application under subsection (4) unless satisfied that the applicant and the owner have had a reasonable time in which to reach agreement.

The F1OGA may give a notice under subsection (11) only if the condition in subsection (9) or (10) is met.

The condition in this subsection is that the notice contains provision for the purpose of ensuring that if the notice does prejudice any of the matters mentioned in subsection (9) any person who suffers loss as a result may recover from the applicant payments by way of compensation, of such amounts as are determined in accordance with the notice.

A notice under subsection (11) is to be given to the owner and the applicant.

If a notice under subsection (11) contains provision of a sort mentioned in subsection (10) or (12) the F1OGA must give a copy of the notice to every person who has a right to have anything conveyed by the pipeline or processed by the facility.

A notice under subsection (11) does not come into force unless and until the applicant indicates acceptance of the terms of the notice in such manner and within such period as is specified in the notice.

For the purposes of subsection (3)(b) and (c) a pipeline is to be treated as being situated in the sea in any area if it is situated in, under or over the sea in that area.

The F4OGA may on its own initiative give a notice under subsection (11) of section 82 which would secure to the applicant the right sought in the application; but this is subject to subsection (8) of that section and subsections (3) and (4).

A notice under subsection (2) may also contain provision for the purpose of ensuring that if the carrying out of the modifications prejudices any of the matters mentioned in subsection (9) of section 82 any person who suffers loss as a result may recover from the applicant payments by way of compensation, of such amounts as are determined in accordance with the notice.

If a notice under subsection (2) contains provision by virtue of subsection (4) the F8OGA must give a copy of the notice to every person who has a right to have anything conveyed by the pipeline or processed by the facility.

If the F8OGA gives a notice under subsection (2), section 82 has effect in relation to the pipeline or facility concerned as if references to the pipeline or facility were references to the pipeline or facility as it would be with the modifications specified in the notice.

The persons to whom a notice is given under subsection (11) of section 82 or subsection (2) of section 84 may agree to vary or set aside the notice.

The F9OGA may vary a notice under subsection (11) of section 82 or subsection (2) of section 84 on the application of one of the persons to whom the notice was given.

But the F9OGA may do so only if satisfied that the variation is necessary to resolve a dispute that has arisen in connection with the notice between the persons to whom it was given.

For the purposes of this section and section 86, a person is to be treated as having been given a notice if the person has had assigned to him or her a right which is secured by the notice or a duty which is imposed by the notice.

Before publishing anything under this section the F10OGA must give an opportunity to be heard to the persons to whom the notice was given and to such other persons as the F10OGA considers appropriate.

Where the F12OGA has reason to believe that a person has made or received an application of a kind mentioned in subsection (1) of section 82, the F12OGA may by notice require the person to confirm whether or not that is the case.

The information that may be required under subsection (2) and (3) includes financial information.

A notice under subsection (1), (2) or (3) that imposes a requirement on a person must specify when the requirement is to be complied with.

In this section “specified” means specified in a notice under subsection (2) or (3).

In this section “the Tribunal” means the First-tier Tribunal.

A requirement imposed by a notice under section 87(1), (2) or (3) is to be treated for the purposes of Chapter 5 of Part 2 of the Energy Act 2016 (power of the OGA to impose sanctions) as a petroleum-related requirement.

But the OGA may not give a revocation notice or an operator removal notice under that Chapter by virtue of this section.

A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level five on the standard scale.

Where an offence under subsection (1) is committed by a body corporate and it 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.

Where an offence under subsection (1) is committed by a Scottish partnership and it is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of, a partner of the partnership, that partner (as well as the partnership) is guilty of the offence and is liable to be proceeded against and dealt with accordingly.

The duty of a person to comply with a notice under subsection (11) of section 82 or subsection (2) of section 84 is a duty owed to any person who may be affected by a failure to comply with it.

Where a duty is owed by virtue of subsection (7) to any person, the duty may be enforced as if it were contained in a contract between that person and the person who owes the duty.

In this section—

• “officer”, in relation to a body corporate, means—

  1. a

     any director, manager, secretary or other similar officer of the body corporate, or

  2. b

     any person purporting to act in any such capacity;

• “partner”, in relation to a Scottish partnership, includes any person who was purporting to act as a partner in the partnership.

In subsection (11) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

Schedule 2 contains minor and consequential amendments relating to this Chapter.

Before exercising any power conferred by sections 82 to 85 in respect of an upstream petroleum pipeline that is situated partly in a foreign sector of the continental shelf, the F17OGA must consult the relevant authorities in the other country.

The use of a pipeline by any person in accordance with a right secured by a notice under subsection (11) of section 82 is not a contravention of section 14(1) of the Petroleum Act 1998.

In subsection (4)(c) “relevant upstream petroleum pipeline” means an upstream petroleum pipeline that is “relevant” for the purposes of subsection (1) of section 82.

For the purposes of this Chapter, anything done (or treated as done) by or in relation to A in connection with the application is treated after the assignment or assignation as having been done by or in relation to B. This subsection is subject to subsections (4) and (5) and does not apply for the purposes of subsections (6) and (7).

Any provision of this Chapter that requires the OGA to give the applicant an opportunity to be heard has effect after the assignment or assignation as requiring the OGA to give B an opportunity to be heard (whether or not the applicant was heard under that provision before the assignment or assignation).

Subsection (3) does not apply in relation to any notice given under section 87 before the assignment or assignation (and, accordingly, the person to whom the notice was given remains under an obligation to comply with it).

Any information relating to the application obtained by the OGA before the assignment or assignation from any person who at the time was the applicant may be disclosed to B.

Before disclosing any such information to B, the OGA must remove any information which the OGA considers may prejudice the commercial interests of the person from whom the information was obtained.

This section applies where the ownership of a pipeline or facility that is the subject of an application under section 82, or to which a notice under subsection (11) of that section relates, is transferred from one person (“C”) to another (“D”).

Any provision of this Chapter that requires the OGA to give the owner of the pipeline or facility an opportunity to be heard has effect after the transfer as requiring the OGA to give D an opportunity to be heard (whether or not the owner was heard under that provision before the transfer).

Subsection (2) does not affect the obligation to comply with any notice given under section 87 before the transfer (and, accordingly, the person to whom the notice was given remains under an obligation to comply with it).

Any information relating to the application obtained by the OGA before the transfer from any person who at the time was the owner may be disclosed to D.

Before disclosing any such information to D, the OGA must remove any information which the OGA considers may prejudice the commercial interests of the person from whom the information was obtained.

In this Chapter—

• “foreign sector of the continental shelf” means an area within which rights are exercisable with respect to the sea bed and subsoil and their natural resources by a country or territory outside the United Kingdom;

• “gas” means any substance which is or, if it were in a gaseous state, would be gas within the meaning of Part 1 of the Gas Act 1986;

• “gas processing facility” means any facility which—

  1. a

     carries out gas processing operations in relation to piped gas;

  2. b

     is operated otherwise than by a gas transporter; and

  3. c

     is not an LNG import or export facility (within the meaning of section 12 of the Gas Act 1995);

• F18“the OGA” means the Oil and Gas Authority;

• “oil processing facility” means any facility which carries out oil processing operations;

• “payments” means payments in money or money's worth;

• “petroleum” has the same meaning as in Part 1 of the Petroleum Act 1998, and includes petroleum that has undergone any processing;

• “piped gas” means gas which—

  1. a

     originated from a petroleum production project; and

  2. b

     has been conveyed only by means of pipes;

• “pipeline” means a pipe or system of pipes for the conveyance of any thing;

• “upstream petroleum pipeline” means a pipeline or one of a network of pipelines—

  1. a

     which is operated or constructed as part of a petroleum production project and is not a carbon dioxide pipeline;

  2. b

     which is used to convey petroleum from the site of one or more such projects—

     1. i

        directly to premises, in order for that petroleum to be used at those premises for power generation or for an industrial process;

     2. ii

        directly to a place outside Great Britain;

     3. iii

        directly to a terminal; or

     4. iv

        indirectly to a terminal by way of one or more other terminals, whether or not such intermediate terminals are of the same kind as the final terminal; or

  3. c

     which is used to convey gas directly from a terminal to a pipeline system operated by a gas transporter or to any premises.

For the purposes of this section—

• “carbon dioxide pipeline” means—

  1. a

     a pipeline used to convey carbon dioxide to a carbon dioxide storage site; or

  2. b

     a pipeline which is not being used for any purpose but which is intended to be used to convey carbon dioxide to such a site;

• “carbon dioxide storage site” means a facility—

  1. a

     for the storage of carbon dioxide (with a view to its permanent disposal, or as an interim measure prior to its permanent disposal); and

  2. b

     in respect of the use of which a person is required to have a licence under section 18 of the Energy Act 2008;

• “gas processing operation” means any of the following operations—

  1. a

     purifying, blending, odorising or compressing gas for the purpose of enabling it to be introduced into a pipeline system operated by a gas transporter or to be conveyed to an electricity generating station, a gas storage facility or any place outside Great Britain;

  2. b

     removing from gas for that purpose any of its constituent gases, or separating from gas for that purpose any oil or water;

  3. c

     determining the quantity or quality of gas which is or is to be so introduced, or so conveyed, whether generally or by or on behalf of a particular person,

  4. d

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

     1. i

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

     2. ii

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

  5. e

     loading gas—

     1. i

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

     2. 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);

• “gas transporter” has the meaning given by section 7(1) of the Gas Act 1986;

• “oil processing operations” means any of the following operations—

  1. 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;

  2. 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);

  3. 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);

• “petroleum production project” means a project carried out by virtue of a licence granted under section 3 of the Petroleum Act 1998 or section 2 of the Petroleum (Production) Act 1934, or an equivalent project in a foreign sector of the continental shelf, and includes such a project which is used for the storage of gas;

• “terminal” includes—

  1. a

     facilities for such initial blending and other treatment 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;

  2. b

     oil processing facilities;

  3. c

     gas processing facilities; and

  4. d

     a facility for the reception of gas prior to its conveyance to a place outside Great Britain.

In subsection (3)(a) and (c) the references to “voting rights” are to the rights conferred on members in respect of their interests in a limited liability partnership to vote on those matters which are to be decided on by a vote of the members of the limited liability partnership.

In any case, A controls B if A has the power, directly or indirectly, to secure that the affairs of B are conducted in accordance with A's wishes.