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Energy Act 2016

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57Sanctions: information powers

(1)This section applies for the purposes of an investigation by the OGA which—

(a)concerns whether a person has failed to comply with a petroleum-related requirement, and

(b)is carried out for the purpose of enabling the OGA to decide whether to give the person a sanction notice, or on what terms a sanction notice should be given to the person.

(2)The OGA may by notice in writing, for the purposes of that investigation, require the person to provide specified documents or other information.

(3)A requirement under subsection (2) only applies to the extent that the documents or information requested are—

(a)documents that are in the person’s possession or control, or

(b)other information that is in the person’s possession or control.

(4)A requirement imposed by a notice under subsection (2) is sanctionable in accordance with this Chapter.

(5)The documents or information requested—

(a)may include documents or information held in any form (including in electronic form);

(b)may include documents or information that may be regarded as commercially sensitive;

(c)may not include items that are subject to legal privilege.

(6)The notice must specify—

(a)to whom the information is to be provided;

(b)where it is to be provided;

(c)when it is to be provided;

(d)the form and manner in which it is to be provided.

(7)In this section, “specified” in a notice, means specified, or of a description specified, in the notice.

58Appeals against information requests

(1)A person to whom a notice is given under section 57 may appeal against it to the Tribunal on the grounds that—

(a)the giving of the notice is not within the powers of the OGA, or

(b)the length of time given to comply with the notice is unreasonable.

(2)On an appeal under this section the Tribunal may—

(a)confirm, vary or cancel the notice, or

(b)remit the matter under appeal to the OGA for reconsideration with such directions (if any) as the Tribunal considers appropriate.

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