PART 3Infrastructure and Information

Rights to use upstream petroleum infrastructure

I170Requirements to provide information

1

The Energy Act 2011 is amended as follows.

2

In section 87 (powers to require information), after subsection (5) insert—

5A

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.

3

After that section insert—

87AAppeals against requirements to provide information

1

Any person on whom a requirement is imposed by a notice under section 87(1), (2) or (3) may appeal against the notice to the Tribunal on the grounds that—

a

the information required by the notice is not relevant to the exercise by the OGA of its functions under this Chapter, 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.

3

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

87BSanctions for failure to provide information

1

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.

2

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