The Electricity and Gas (Internal Markets) Regulations 2011

Consequential amendments of the Petroleum Act 1998 in respect of storage facilities

16.—(1) The Petroleum Act 1998(1) is amended as follows.

(2) Omit section 17C (application of section 17D)(2).

(3) Omit section 17D (access to offshore gas storage facilities)(3).

(4) Omit section 17E (section 17D: supplemental)(4).

(5) In section 17H (enforcement of certain duties in relation to access to pipelines and offshore gas storage facilities)(5)—

(a) In subsection (1)—

(i) omit “with any notice under section 17D(11) or”;

(ii) omit “and the obligation to comply with any duty in section 17B(6) or section 17D(7)”;

(iii) for “duties” substitute “a duty”;

(iv) for “them” substitute “it”;

(b) omit subsection (4);

(c) change the section title to “Enforcement of duty in section 17GA”,

but this paragraph is subject to paragraph (7).

(6) In section 28(1) (interpretation) omit the definition of “offshore gas storage facility”(6).

(7) So far as section 17H would, but for the amendments made by paragraph (5), have effect in relation to a past breach, it continues to have effect in relation to that past breach as if those amendments had not been made.

(8) In paragraph (7) “past breach” means a failure before the coming into force of these Regulations to comply with—

(a) a duty under section 17D(1), (3), or (7);

(b) a notice under section 17D(11);

(c) a duty in section 17E(2).

(1)

1998 c. 17.

(2)

Section 17C was inserted by regulation 2(4) of, and paragraph 4 of Schedule 4 to, S.I. 2000/1937 and was subsequently amended by regulation 2(3) of, and paragraph 1 of Schedule 3 to, S.I. 2004/2043; and regulation 4 of S.I. 2009/1349.

(3)

Section 17D was inserted by regulation 2(4) of, and paragraph 4 of Schedule 4 to, S.I. 2000/1937.

(4)

Section 17E was inserted by regulation 2(4) of, and paragraph 4 of Schedule 4 to, S.I. 2000/1937 and was subsequently amended by articles 3(1)(b) and 6 of, and paragraph 206 of Part 2 of Schedule 1 to, S.I. 2008/948; and the Corporation Tax Act 2010, section 1177 and paragraph 298 of Part 2 of Schedule 1.

(5)

Section 17H was inserted by regulation 2(4) of, and paragraph 4 of Schedule 4 to, S.I. 2000/1937 and was subsequently amended by regulation 2(3) of, and paragraph 2 of Schedule 3 to, S.I. 2004/2043; and article 2 of, and paragraph 3 of the Schedule to, S.I. 2007/290; and the Energy Act 2004, section 197(9) and Part 1 of Schedule 23 (the commencement date for the relevant part of Part 1 of Schedule 23 is yet to be appointed in accordance with section 198 of the Energy Act 2004).

(6)

Section 28(1) was amended by regulation 2(4) of, and paragraph 9 of Schedule 4 to, S.I. 2000/1937 and was subsequently amended by regulation 2(3) of, and paragraph 3 to Schedule 3 to, S.I. 2004/2043. Other amendments have been made that are not relevant for these purposes.