The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016

Petroleum Licensing (Production) (Seaward Areas) Regulations 2008

13.—(1) The Petroleum Licensing (Production) (Seaward Areas) Regulations 2008(1) are amended as follows.

(2) After regulation 2 (model clauses), insert—

“Review

3.— (1) The Secretary of State must from time to time—

(a) carry out a review of these Regulations;

(b) set out the conclusions of the review in a report; and

(c) publish the report.

(2) The report must in particular—

(a) set out the objectives intended to be achieved by these Regulations;

(b) assess the extent to which those objectives are achieved;

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.

(3) The first report under this regulation must be published before the end of the period of five years beginning with the day on which this regulation comes into force.

(4) Subsequent reports under this regulation must be published at intervals not exceeding five years.”.

(3) The Schedule (model clauses for seaward area production licences) is amended as follows.

(4) In clause 1(1) (interpretation)—

(a) in the definition of “Block”, for “Department of Energy and Climate Change” substitute “OGA”;

(b) after the definition of “the Minister” insert—

““the OGA” means the Oil and Gas Authority;”.

(5) In clause 2 (grant of licence)—

(a) for “Minister” (in both places) substitute “OGA”; and

(b) for “him” substitute “it”.

(6) In clause 4 (initial term)—

(a) in paragraph (1)—

(i) for “Minister” substitute “OGA”;

(ii) for “his” substitute “its”;

(b) in paragraph (2)—

(i) in the words before sub-paragraph (a)—

(aa) for “Minister” substitute “OGA”;

(bb) for “his” substitute “its”;

(ii) in sub-paragraph (c), for “Minister” substitute “OGA”.

(7) In clause 5 (surrender during initial term), for “Minister” (in both places) substitute “OGA”.

(8) In clause 6 (option to continue licence into a second term), for “Minister” (in both places) substitute “OGA”.

(9) In clause 7 (extension of the initial or second term)—

(a) in paragraph (2), for “Minister” substitute “OGA”;

(b) in paragraph (3)—

(i) for “Minister” substitute “OGA”;

(ii) for “his” substitute “its”;

(c) in paragraph (4), for “Minister” substitute “OGA”.

(10) In clause 8 (option to continue the licence into a third term)—

(a) in paragraph (1), for “Minister” substitute “OGA”;

(b) in paragraph (3)(a), for “Minister” substitute “OGA”;

(c) in paragraph (3)(b)—

(i) for “Minister” substitute “OGA”;

(ii) for “him” substitute “it”;

(d) in paragraph (3)(c), for “Minister” substitute “OGA”.

(11) In clause 9 (power further to extend term of licence)—

(a) for “Minister” (in each place) substitute “OGA”;

(b) for “him” substitute “it”;

(c) for “his” substitute “its”.

(12) In clause 10 (right of licensee to determine licence or surrender part of licensed area), for “Minister” substitute “OGA”.

(13) In clause 11 (areas surrendered), for “Minister” (in each place) substitute “OGA”.

(14) In clause 12 (payment of consideration for licence), for “Minister” (in both places) substitute “OGA”.

(15) In clause 13 (provision of contact details)—

(a) in the heading, for “Minister” substitute “OGA”;

(b) for “Minister” (in each place) substitute “OGA”.

(16) In clause 14 (measurement of petroleum obtained from the licensed area)—

(a) in paragraph (1), for “Minister” substitute “OGA”;

(b) in paragraph (2), for “Minister” substitute “OGA”;

(c) in paragraph (3), for “Minister” substitute “OGA”;

(d) in paragraph (4), for “Minister” (in each place) substitute “OGA”;

(e) in paragraph (5)—

(i) for “Minister” (in each place) substitute “OGA”;

(ii) for “Minister’s” substitute “OGA’s”;

(f) in paragraph (6), for “Minister” substitute “OGA”.

(17) In clause 15 (keeping of accounts), for “Minister” (in each place) substitute “OGA”.

(18) In clause 16 (working obligations)—

(a) in paragraph (2), for “Minister” (in both places) substitute “OGA”;

(b) in paragraph (3)—

(i) in the words before sub-paragraph (a)—

(aa) for “Minister” substitute “OGA”;

(bb) for “him” substitute “it”;

(ii) in sub-paragraph (a), for “he” substitute “it”;

(iii) in sub-paragraph (b)—

(aa) for “he” (in both places) substitute “it”;

(bb) for “his” substitute “its”.

(c) in paragraph (4), for “Minister” (in both places) substitute “OGA”;

(d) in paragraph (5), for “Minister” (in each place) substitute “OGA”;

(e) in paragraph (6)—

(i) for “Minister” substitute “OGA”;

(ii) for “he” (in each place) substitute “it”;

(f) in paragraph (7), for “Minister” substitute “OGA”.

(19) In clause 17 (development and production programmes)—

(a) in paragraph (1), for “Minister” (in both places) substitute “OGA”;

(b) in paragraph (2), for “Minister” (in each place) substitute “OGA”;

(c) in paragraph (3), for “Minister” substitute “OGA”;

(d) in paragraph (4)—

(i) in the words before sub-paragraph (a)—

(aa) for “Minister” substitute “OGA”;

(bb) for “him” substitute “it”;

(cc) for “he” substitute “it”;

(ii) in sub-paragraph (a), for “Minister” substitute “OGA”;

(iii) in sub-paragraph (b), for “Minister” (in both places) substitute “OGA”;

(iv) in sub-paragraph (c), for “Minister” (in both places) substitute “OGA”;

(v) in the words after sub-paragraph (c)(ii), for “Minister” substitute “OGA”;

(e) in paragraph (5)—

(i) in the words before sub-paragraph (a), for “Minister” substitute “OGA”;

(ii) in sub-paragraph (a), for “he” (in both places) substitute “it”;

(iii) in sub-paragraph (b), for “he” (in both places) substitute “it”;

(iv) in sub-paragraph (c), for “Minister” substitute “OGA”;

(f) in paragraph (6)—

(i) for “Minister” (in each place) substitute “OGA”;

(ii) for “him” (in the first and third places) substitute “it”;

(iii) for “he” substitute “it”;

(g) in paragraph (7)—

(i) in the words before sub-paragraph (a)—

(aa) for “Minister” substitute “OGA”;

(bb) for “he” substitute “it”;

(ii) in sub-paragraph (a), for “Minister” substitute “OGA”;

(iii) in sub-paragraph (b), for “him” substitute “it”;

(h) in paragraph (8), for “Minister” (in both places) substitute “OGA”.

(20) In clause 18 (provisions supplementary to clause 17)—

(a) in paragraph (1), for “Minister” substitute “OGA”;

(b) in paragraph (2), for “Minister” (in each place) substitute “OGA”;

(c) in paragraph (4)—

(i) in the words before sub-paragraph (a)—

(aa) for “Minister” substitute “OGA”;

(bb) for “he” substitute “it”;

(ii) in sub-paragraph (a), for “Minister” substitute “OGA”;

(iii) in sub-paragraph (b), for “him” substitute “it”;

(iv) in the words after sub-paragraph (b)—

(aa) for “Minister” (in both places) substitute “OGA”;

(bb) for “he” substitute “it”;

(d) in paragraph (5), for “Minister” (in both places) substitute “OGA”;

(e) in paragraph (6), for “Minister” substitute “OGA”;

(f) in paragraph (8), for “Minister” (in each place) substitute “OGA”;

(g) in paragraph (9)—

(i) in the words before sub-paragraph (a)—

(aa) for “Minister” substitute “OGA”;

(bb) for “he” (in both places) substitute “it”;

(ii) in sub-paragraph (a), for “he” (in both places) substitute “it”;

(iii) in sub-paragraph (b), for “he” (in both places) substitute “it”;

(iv) in the words after sub-paragraph (b), for “Minister” substitute “OGA”.

(21) In clause 19 (commencement and abandonment and plugging of wells)—

(a) in paragraph (1), for “Minister” substitute “OGA”;

(b) in paragraph (2), for “Minister” substitute “OGA”;

(c) in paragraph (4)—

(i) for “Minister” (in each place) substitute “OGA”;

(ii) for “Minister’s” substitute “OGA’s”;

(d) in paragraph (5), for “Minister” substitute “OGA”;

(e) in paragraph (6), for “Minister” substitute “OGA”;

(f) in paragraph (11), for “Minister” substitute “OGA”;

(g) in paragraph (12), for “Minister” (in both places) substitute “OGA”;

(h) in paragraph (13), for “Minister” substitute “OGA”;

(i) in paragraph (14), for “Minister” substitute “OGA”.

(22) In clause 20 (distance of wells from boundaries of licensed area), for “Minister” substitute “OGA”.

(23) In clause 21 (control of development wells), for “Minister” (in each place) substitute “OGA”.

(24) In clause 23 (avoidance of harmful methods of working)—

(a) in paragraph (2), after “Minister” insert “or the OGA”;

(b) in paragraph (3), for “Minister” substitute “OGA”;

(c) in paragraph (4), for “Minister” (in both places) substitute “OGA”;

(d) in paragraph (5), for “Minister” (in each place) substitute “OGA”;

(e) in paragraph (6)—

(i) for “Minister” (in both places) substitute “OGA”;

(ii) for “him” substitute “it”;

(f) in paragraph (7), for “Minister” (in both places) substitute “OGA”;

(g) in paragraph (8), for “Minister” substitute “OGA”;

(h) in paragraph (9)—

(i) for “Minister” (in each place) substitute “OGA”;

(ii) for “he” substitute “it”;

(iii) for “him” substitute “it”.

(25) In clause 24 (appointment of operators)—

(a) for “Minister” (in each place) substitute “OGA”;

(b) for “his” (in both places) substitute “its”.

(26) In clause 26 (training)—

(a) in paragraph (1), after “Minister” insert “or the OGA”;

(b) in paragraph (2)—

(i) after “Minister” insert “or the OGA”

(ii) for “he” substitute “the Minister or the OGA (as applicable)”;

(c) in paragraph (3), after “Minister” (in both places) insert “or the OGA”.

(27) In clause 27 (unit development)—

(a) in paragraph (1), for “Minister” (in both places) substitute “OGA”;

(b) in paragraph (2), for “Minister” (in both places) substitute “OGA”;

(c) in paragraph (3), for “Minister” (in both places) substitute “OGA”;

(d) in paragraph (4)—

(i) for “Minister” (in each place) substitute “OGA”;

(ii) for “himself” substitute “itself”;

(e) in paragraph (5), for “Minister” (in both places) substitute “OGA”.

(28) In clause 28(1) (directions as to oil fields across boundaries)—

(a) for “Minister” (in each place) substitute “OGA”;

(b) for “Minister’s” substitute “OGA’s”.

(29) In clause 29 (licensee to keep records), for “Minister” (in each place) substitute “OGA”.

(30) In clause 30 (returns), for “Minister” (in each place) substitute “OGA”.

(31) In clause 31 (licensee to keep samples)—

(a) in paragraph (2)—

(i) in sub-paragraph (a), for “Minister” substitute “OGA”;

(ii) in sub-paragraph (b)—

(aa) for “Minister or any person authorised by him” substitute “OGA”;

(bb) for “he” substitute “it”;

(cc) at the end of the sub-paragraph, for “him” substitute “it”;

(b) in paragraph (3)—

(i) in the words before sub-paragraph (a), for “Minister or any person authorised by him” substitute “OGA”;

(ii) in sub-paragraph (a)—

(aa) for “he” substitute “it”;

(bb) for “him” substitute “it”.

(32) In clause 32 (reports to be treated as confidential)—

(a) in the words before paragraph (a), after “employment of the” insert “OGA or the”;

(b) in paragraph (a), for “Minister” (in both places) substitute “OGA”;

(c) in paragraph (b), for “Minister” substitute “OGA”;

(d) in paragraph (c), for “Minister” substitute “OGA”;

(e) in paragraph (d)—

(i) for “Minister” (in each place) substitute “OGA”;

(ii) in sub-paragraph (iii), for “him” substitute “it”.

(33) In clause 33(a) (inspection of records)—

(a) omit “in the service or employment of the Crown”;

(b) for “Minister” (in both places) substitute “OGA”.

(34) In clause 34 (rights of access)—

(a) in the words before paragraph (a), after “Minister” insert “or the OGA”;

(b) in paragraph (b), for “Minister” substitute “OGA”.

(35) In clause 35 (power to execute works), for “Minister” (in both places) substitute “OGA”.

(36) In clause 36(2) (right of distress)—

(a) for “Minister” substitute “OGA”;

(b) for “he” substitute “it”.

(37) In clause 37(2) (diligence)—

(a) for “Minster” substitute “OGA”;

(b) for “Minister” substitute “OGA”;

(c) for “he” substitute “it”.

(38) In clause 38 (indemnity against third party claims), for “Minister” (in both places) substitute “OGA”.

(39) In clause 39 (advertisements, prospectuses), for “Her Majesty or any Government Department or any person or body acting on behalf of Her Majesty has or have” substitute “the OGA has”.

(40) In clause 40 (restrictions on assignment), for “Minister” (in each place) substitute “OGA”.

(41) In clause 41 (power of revocation)—

(a) for “Minister” (in each place) substitute “OGA”;

(b) in paragraph (2)(i), for “his” substitute “its”.

(42) In clause 42 (power of partial revocation), for “Minister” (in both places) substitute “OGA”.

(43) In paragraphs (1) and (2) of clause 43 (arbitration), after “Minister” (in each place) insert “or the OGA”.

(44) In clause 45 (relationship with fishing industry)—

(a) in paragraph (1)(b)—

(i) for “Minister” substitute “OGA”;

(ii) for “him” substitute “it”;

(b) in paragraph (2) for “Minister” (in both places) substitute “OGA”.

(1)

S.I. 2008/225, amended by S.I. 2009/229 and S.I. 2009/3283.