Part 2

Security of energy supplies
CHAPTER 3

Upstream petroleum infrastructure

Variation of notices under sections 82 and 84
85
1
The persons to whom a notice is given under subsection (11) of section 82 or subsection (2) of section 84 may agree to vary or set aside the notice.
2
The OGA may vary a notice under subsection (11) of section 82 or subsection (2) of section 84 on the application of one of the persons to whom the notice was given.
3
But the OGA may do so only if satisfied that the variation is necessary to resolve a dispute that has arisen in connection with the notice between the persons to whom it was given.
4
In considering whether to vary a notice the OGA must give an opportunity to be heard to—
a
the persons to whom the notice was given;
b
any person with a right to have anything conveyed by the pipeline concerned or processed by the facility concerned;
c
the Health and Safety Executive; and
d
such other persons as the OGA considers appropriate.
5
For the purposes of this section and section 86, a person is to be treated as having been given a notice if the person has had assigned to him or her a right which is secured by the notice or a duty which is imposed by the notice.
S. 85 in force at 21.3.2012 by S.I. 2012/873, art. 2(b)(i) (with art. 4)
Words in s. 85 substituted (1.10.2016) by Energy Act 2016 (c. 20), s. 84(3), Sch. 1 para. 67; S.I. 2016/920, reg. 2(a)