41U.K.The Energy Act 2008 is amended as follows.
Commencement Information
I1Sch. 1 para. 41 in force at 1.10.2016 by S.I. 2016/920, reg. 2(a)
42U.K.In section 4(1) (licences), for “Secretary of State” substitute “ OGA ”.
Commencement Information
I2Sch. 1 para. 42 in force at 1.10.2016 by S.I. 2016/920, reg. 2(a)
43(1)Section 5 (applications) is amended as follows.U.K.
(2)The existing provision becomes subsection (1).
(3)In that subsection, omit paragraph (e).
(4)After that subsection insert—
“(2)Before making any regulations under this section, the Secretary of State must consult the OGA.”
Commencement Information
I3Sch. 1 para. 43 in force at 1.10.2016 by S.I. 2016/920, reg. 2(a)
44U.K.In section 6 (terms and conditions), for “Secretary of State” (in each place) substitute “ OGA ”.
Commencement Information
I4Sch. 1 para. 44 in force at 1.10.2016 by S.I. 2016/920, reg. 2(a)
45(1)Section 7 (model clauses) is amended as follows.U.K.
(2)In subsection (3), for “Secretary of State” substitute “ OGA ”.
(3)After that subsection insert—
“(4)Before making any regulations under this section, the Secretary of State must consult the OGA.”
Commencement Information
I5Sch. 1 para. 45 in force at 1.10.2016 by S.I. 2016/920, reg. 2(a)
46(1)Section 9 (offences relating to licences) is amended as follows.U.K.
(2)In subsection (1)(a), for “Secretary of State” substitute “ OGA ”.
(3)In subsection (3)(b), for “Secretary of State” substitute “ OGA ”.
(4)In subsection (4)(b), for “Secretary of State” substitute “ OGA ”.
Commencement Information
I6Sch. 1 para. 46 in force at 1.10.2016 by S.I. 2016/920, reg. 2(a)
47U.K.In section 10 (power of direction), for “Secretary of State” (in each place, including in the heading) substitute “ OGA ”.
Commencement Information
I7Sch. 1 para. 47 in force at 1.10.2016 by S.I. 2016/920, reg. 2(a)
48U.K.In section 12 (injunctions restraining breaches of section 2(1)), for “Secretary of State” (in each place) substitute “ OGA ”.
Commencement Information
I8Sch. 1 para. 48 in force at 1.10.2016 by S.I. 2016/920, reg. 2(a)
49(1)Section 13 (inspectors) is amended as follows.U.K.
(2)In subsection (1), for “Secretary of State” (in both places) substitute “ OGA ”.
(3)Omit subsection (2).
(4)In subsection (3)(b), for “Secretary of State” substitute “ OGA ”.
(5)After subsection (5) insert—
“(6)Before making any regulations under this section, the Secretary of State must consult the OGA.”
Commencement Information
I9Sch. 1 para. 49 in force at 1.10.2016 by S.I. 2016/920, reg. 2(a)
50U.K.In section 14(5) (proceedings for offence created by regulations under section 13), omit paragraph (b) and the word “and” immediately before it.
Commencement Information
I10Sch. 1 para. 50 in force at 1.10.2016 by S.I. 2016/920, reg. 2(a)
51U.K.In section 15 (interaction with petroleum licensing requirements), for “Secretary of State” (in each place) substitute “ OGA ”.
Commencement Information
I11Sch. 1 para. 51 in force at 1.10.2016 by S.I. 2016/920, reg. 2(a)
52U.K.In section 16 (interpretation), at the end insert—
““the OGA” means the Oil and Gas Authority.”
Commencement Information
I12Sch. 1 para. 52 in force at 1.10.2016 by S.I. 2016/920, reg. 2(a)
53U.K.In section 18(2) (licences: the licensing authority), for “Secretary of State” (in each place) substitute “ OGA ”.
Commencement Information
I13Sch. 1 para. 53 in force at 1.10.2016 by S.I. 2016/920, reg. 2(a)
54U.K.In section 19 (requirements relating to grant of licences), after subsection (2) insert—
“(2A)Where the licensing authority is the OGA—
(a)regulations under subsection (1) are to be made by the Secretary of State (and not by the OGA),
(b)the Secretary of State must consult the OGA before making the regulations, and
(c)subsection (2)(d) does not apply.”
Commencement Information
I14Sch. 1 para. 54 in force at 1.10.2016 by S.I. 2016/920, reg. 2(a)
55U.K.In section 21 (content of licences: regulations), after subsection (2) insert—
“(2A)Where the licensing authority is the OGA—
(a)regulations under subsection (1) are to be made by the Secretary of State (and not by the OGA), and
(b)the Secretary of State must consult the OGA before making the regulations.”
Commencement Information
I15Sch. 1 para. 55 in force at 1.10.2016 by S.I. 2016/920, reg. 2(a)
56U.K.In section 26 (injunctions restraining breaches of section 17(1)), for “Secretary of State” (in each place) substitute “ OGA ”.
Commencement Information
I16Sch. 1 para. 56 in force at 1.10.2016 by S.I. 2016/920, reg. 2(a)
57(1)Section 27 (inspectors) is amended as follows.U.K.
(2)For subsections (1) and (2) substitute—
“(1)The following may appoint persons to act as inspectors to assist in carrying out their respective functions under this Chapter—
(a)the OGA,
(b)the Scottish Ministers,
(c)the Welsh Ministers, and
(d)the Department of Enterprise, Trade and Investment in Northern Ireland.
(2)The following may make payments, by way of remuneration or otherwise, to inspectors appointed by them under this section—
(a)the Scottish Ministers,
(b)the Welsh Ministers, and
(c)the Department of Enterprise, Trade and Investment in Northern Ireland.”
(3)In subsection (3)(b), for “Secretary of State” substitute “ OGA ”.
(4)In subsection (6)—
(a)for “This section applies” substitute “ Subsections (3) to (5) apply ”,
(b)for “it applies” substitute “ they apply ”, and
(c)at the end insert “ (reading the reference to the OGA in subsection (3)(b) as a reference to the Secretary of State) ”.
(5)Omit subsection (7).
Commencement Information
I17Sch. 1 para. 57 in force at 1.10.2016 by S.I. 2016/920, reg. 2(a)
58U.K.In section 28(5) (proceedings for offence created by regulations under section 27), at the beginning of paragraph (b) insert “ except in the case of an offence that relates to functions of the OGA under this Chapter, ”.
Commencement Information
I18Sch. 1 para. 58 in force at 1.10.2016 by S.I. 2016/920, reg. 2(a)
59U.K.In section 29 (requirement for public register) at the end insert—
“(8)The OGA must provide to the Secretary of State any information held by it that is required by the Secretary of State in order to comply with the requirements imposed by this section.”
Commencement Information
I19Sch. 1 para. 59 in force at 1.10.2016 by S.I. 2016/920, reg. 2(a)
60U.K.In section 31 (termination of licences: regulations), after subsection (3) insert—
“(3A)Where the licensing authority is the OGA—
(a)regulations under this section are to be made by the Secretary of State (and not by the OGA), and
(b)the Secretary of State must consult the OGA before making the regulations.”
Commencement Information
I20Sch. 1 para. 60 in force at 1.10.2016 by S.I. 2016/920, reg. 2(a)
61U.K.In section 33 (enhanced petroleum recovery: power to make orders), after subsection (1) insert—
“(1A)Before making an order under subsection (1), the Secretary of State must consult the OGA.”
Commencement Information
I21Sch. 1 para. 61 in force at 1.10.2016 by S.I. 2016/920, reg. 2(a)
62U.K.In section 35(1) (interpretation), after the definition of “offshore UK-controlled place” insert—
““the OGA” means the Oil and Gas Authority.”
Commencement Information
I22Sch. 1 para. 62 in force at 1.10.2016 by S.I. 2016/920, reg. 2(a)