PART 1The OGA
Review
I116Review of OGA and guidance from Secretary of State
1
The Secretary of State must review the OGA's performance for each review period.
2
The first review period—
a
begins with the day on which section 1 comes into force, and
b
ends at the end of the period of three years beginning with that day, or on such earlier day as the Secretary of State may determine.
3
Subsequent review periods—
a
begin with the day (“the first day”) after the last day of the preceding review period,
b
end at the end of the period of three years beginning with the first day, or on such earlier day as the Secretary of State may determine.
4
A review must, in particular—
a
assess how effective the OGA has been in exercising its functions, and
b
consider the OGA's functions under—
i
Part 2, and
ii
Chapter 3 of Part 1 of the Energy Act 2008 (storage of carbon dioxide),
with regard to their fitness for purpose and scope.
5
As soon as practicable after a review period, the Secretary of State must—
a
publish a report of the findings of the review for that period, and
b
lay a copy of the report before Parliament.
6
As a result of the findings of a review, the Secretary of State may give guidance to the OGA about any matter relating to the OGA's functions.
7
The OGA must take account of any such guidance in carrying out its functions.
8
For the purposes of this section “function” does not include any function which the OGA is authorised to exercise by virtue of—
a
an order under section 69 of the Deregulation and Contracting Out Act 1994, or
b
an agreement under section 7(3).