Petroleum Act 1998 (c. 17)

Part V U.K. Miscellaneous and General

[F1 47A Factors for the [F2 OGA] to take into account U.K.

(1) The matters to which the [F3 OGA] may have regard, in exercising or performing the powers and duties conferred or imposed on [F4 it] by or under this Act, include, in particular—

(a) activities in relevant waters for or in connection with the generation of electricity;

[F5 (aa) activities which are authorised by a licence under Chapter 2 or 3 of Part 1 of the Energy Act 2008 (gas importation and storage);]

(b) proposals made by a person to carry on [F6 activities within paragraph (a) or (aa)] ;

(c) the proposals that it appears to the [F3 OGA] may be made in the future for the carrying on of such activities; and

(d) the likelihood that activities will in due course be carried on in accordance with proposals falling within paragraph (b) or (c).

(2) The reference in subsection (1) to activities in connection with the generation of electricity in relevant waters includes—

(a) the transmission, distribution and supply of the electricity generated; and

(b) the doing of anything (whether by way of investigations, trials or feasibility studies or otherwise) with a view to ascertaining whether activities in relevant waters for or in connection with the generation of electricity are, in a particular case, practicable or commercially viable, or both.

[F7 (2A) For the purposes of subsection (1)(aa), activities are to be regarded as activities authorised by a licence under Chapter 2 or 3 of Part 1 of the Energy Act 2008 if, by virtue of such a licence, they are activities which may be carried on only with the consent of the [F8 OGA] or another person.]

(3) In this section—

• “distribution”, “generate”, “supply” and “transmission”, and cognate expressions, have the same meanings as in Part 1 of the Electricity Act 1989; and

• “relevant waters” means—

  (a)

  waters in or adjacent to the United Kingdom up to the seaward limits of the territorial sea; or

  (b)

  waters in a Renewable Energy Zone (within the meaning of Chapter 2 of Part 2 of the Energy Act 2004).]

Textual Amendments

F1 S. 47A inserted (5.10.2004) by Energy Act 2004 (c. 20), ss. 103(4), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1

F2 Word in s. 47A heading substituted (1.10.2016) by Energy Act 2016 (c. 20), s. 84(3), Sch. 1 para. 30(4); S.I. 2016/920, reg. 2(a)

F3 Word in s. 47A(1) substituted (1.10.2016) by Energy Act 2016 (c. 20), s. 84(3), Sch. 1 para. 30(2)(a); S.I. 2016/920, reg. 2(a)

F4 Word in s. 47A(1) substituted (1.10.2016) by Energy Act 2016 (c. 20), s. 84(3), Sch. 1 para. 30(2)(b); S.I. 2016/920, reg. 2(a)

F5 S. 47A(1)(aa) inserted (6.4.2009) by Energy Act 2008 (c. 32), s. 110(2), Sch. 1 para. 12(a); S.I. 2009/45, art. 4(a)(iii)

F6 Words in s. 47A(1)(b) substituted (6.4.2009) by Energy Act 2008 (c. 32), s. 110(2), Sch. 1 para. 12(b); S.I. 2009/45, art. 4(a)(iii)

F7 S. 47A(2A) inserted (6.4.2009) by Energy Act 2008 (c. 32), s. 110(2), Sch. 1 para. 12(c); S.I. 2009/45, art. 4(a)(iii)

F8 Word in s. 47A(2A) substituted (1.10.2016) by Energy Act 2016 (c. 20), s. 84(3), Sch. 1 para. 30(3); S.I. 2016/920, reg. 2(a)