SCHEDULES

SCHEDULE 1TRANSFER OF FUNCTIONS TO THE OGA

PART 1Primary legislation

Petroleum Act 1998

I16

The Petroleum Act 1998 is amended as follows.

I27

In section 9A(2) (principal objective and the strategy), for “Secretary of State” substitute “ OGA ”.

I38

In section 9B (exercise of certain functions)—

a

for “Secretary of State” (including in the heading) substitute “ OGA ”,

b

in paragraph (b), omit the words from “to the extent” to the end, and

c

after paragraph (c) insert—

ca

exercising functions under Part 2 of the Energy Act 2016,

I49

After section 9B insert—

9BAExercise of certain functions of the Secretary of State

1

The Secretary of State must act in accordance with the current strategy or strategies when exercising the functions mentioned in subsection (2).

2

Those functions are functions under Part 4 to the extent that they concern reduction of the costs of abandonment of offshore installations and submarine pipelines (including the reduction of such costs by means of the timing of measures proposed in abandonment programmes and by the inclusion in such programmes of provision for collaboration with other persons).

I510

Omit section 9D.

I611

1

Section 9E (security and resilience functions) is amended as follows.

2

In subsection (1), for “Secretary of State's” substitute “OGA's”.

3

In subsection (2), for “Secretary of State” substitute “ OGA ”.

4

In the heading, for “Secretary of State's” substitute “OGA's”.

I712

1

Section 9F (producing and revising a strategy) is amended as follows.

2

Omit subsection (1).

3

For subsection (2) substitute—

2

After the first strategy has been produced, the OGA may—

a

produce a new strategy, or

b

revise a current strategy,

whenever the OGA thinks appropriate.

4

In subsection (3), for “Secretary of State” substitute “ OGA ”.

5

Omit subsection (4).

I813

1

Section 9G (procedure for producing and revising a strategy) is amended as follows.

2

In subsection (1)—

a

omit paragraph (a), and

b

for “Secretary of State” substitute “ OGA ”.

3

In subsection (2), for “Secretary of State” (in both places) substitute “ OGA ”.

4

For subsection (3) substitute—

3

If, after complying with that duty, the OGA decides to proceed with the draft (in its original form or with modifications), the OGA must send the draft to the Secretary of State.

3A

The Secretary of State must either—

a

lay a copy of the draft before each House of Parliament, or

b

return the draft to the OGA and publish the Secretary of State's reasons for doing so.

3B

The Secretary of State may return the draft to the OGA only if the Secretary of State thinks that—

a

the OGA has failed to comply with subsection (2), or

b

the strategy will not enable the principal objective to be met.

5

In subsection (4), for “The Secretary of State” substitute “ Where a copy of the draft has been laid in accordance with subsection (3A)(a), the OGA ”.

6

In subsection (5), for “Secretary of State” substitute “ OGA ”.

7

In subsection (6), for “Secretary of State” substitute “ OGA ”.

I914

In section 14(1) (construction and use of pipelines), for “Secretary of State” substitute “ OGA ”.

I1015

In section 15 (authorisations), for “Secretary of State” (in each place) substitute “ OGA ”.

I1116

In section 16 (compulsory modifications of pipelines), for “Secretary of State” (in each place) substitute “ OGA ”.

I1217

1

Section 17 (acquisition of rights to use pipelines) is amended as follows.

2

In subsection (1), for “Secretary of State” substitute “ OGA ”.

3

In subsection (2)—

a

for “Secretary of State” substitute “ OGA ”, and

b

for “he” substitute “ it ”.

4

In subsection (3)—

a

for “Secretary of State” (in both places) substitute “ OGA ”, and

b

for “he” substitute “ it ”.

5

In subsection (5), for “Secretary of State” substitute “ OGA ”.

6

In subsection (7), for “Secretary of State” substitute “ OGA ”.

7

In subsection (8)—

a

for “Secretary of State” substitute “ OGA ”, and

b

for “he” substitute “ it ”.

I1318

1

Section 17F (acquisition of rights to use controlled petroleum pipelines) is amended as follows.

2

In subsection (2), for “Secretary of State” substitute “ OGA ”.

3

In subsection (5), for “Secretary of State” substitute “ OGA ”.

4

In subsection (6)—

a

for “Secretary of State” substitute “ OGA ”, and

b

for “he” substitute “ it ”.

5

In subsection (7)—

a

for “Secretary of State” (in each place) substitute “ OGA ”, and

b

for “he” substitute “ it ”.

6

In subsection (8), for “Secretary of State” substitute “ OGA ”.

7

In subsection (9)—

a

for “Secretary of State” (in both places) substitute “ OGA ”, and

b

for “he” substitute “ it ”.

8

In subsection (10), for “Secretary of State” substitute “ OGA ”.

I1419

1

Section 17G (section 17F: supplemental) is amended as follows.

2

In subsection (1)—

a

for “Secretary of State” (in both places) substitute “ OGA ”, and

b

for “himself” substitute “ itself ”.

3

In subsection (2)—

a

for “Secretary of State” substitute “ OGA ”, and

b

for “him” substitute “ it ”.

4

In subsection (4)—

a

for “Secretary of State” substitute “ OGA ”,

b

for “he” substitute “ it ”, and

c

for “him” substitute “ it ”.

5

In subsection (6), for “Secretary of State” substitute “ OGA ”.

6

In subsection (7)—

a

for “Secretary of State” substitute “ OGA ”, and

b

for “he” substitute “ it ”.

7

In subsection (8), for “Secretary of State” substitute “ OGA ”.

I1520

1

Section 17GA (controlled petroleum pipeline subject to Norwegian access system) is amended as follows.

2

In subsection (2), for “Secretary of State” substitute “ OGA ”.

3

In subsection (5)—

a

for “Secretary of State” (in both places) substitute “ OGA ”, and

b

in paragraph (a), for “he” substitute “ it ”.

4

In subsection (6), for “Secretary of State” substitute “ OGA ”.

5

In subsection (7), for “Secretary of State” substitute “ OGA ”.

6

In subsection (8), for “he is obliged to do so under the Framework Agreement, the Secretary of State shall make his” substitute “ the Framework Agreement so requires, the OGA shall make its ”.

I1621

1

Section 17GB (section 17GA: supplemental) is amended as follows.

2

In subsection (1)—

a

for “Secretary of State” substitute “ OGA ”, and

b

for “him” substitute “ it ”.

3

In subsection (2)—

a

for “Secretary of State” substitute “ OGA ”,

b

for “he is required to do so” substitute “ the disclosure is required ”, and

c

omit “on him”.

I1722

1

Section 18 (termination of authorisations) is amended as follows.

2

In subsection (1)(b), for “Secretary of State” substitute “ OGA ”.

3

In subsection (2)—

a

for “Secretary of State” substitute “ OGA ”, and

b

for “he” substitute “ it ”.

4

In subsection (3)(b), for “Secretary of State” substitute “ OGA ”.

5

In subsection (4)—

a

for “Secretary of State” substitute “ OGA ”, and

b

for “he” substitute “ it ”.

6

In subsection (5)—

a

for “Secretary of State” (in both places) substitute “ OGA ”, and

b

for “he” (in each place) substitute “ it ”.

7

In subsection (6), for “Secretary of State” (in both places) substitute “ OGA ”.

8

In subsection (7)—

a

for “Secretary of State” substitute “ OGA ”, and

b

for “him” substitute “ it ”.

9

In subsection (8), for “Secretary of State” (in both places) substitute “ OGA ”.

10

In subsection (9)—

a

for “Secretary of State” substitute “ OGA ”, and

b

for “he” substitute “ it ”.

I1823

1

Section 19 (vesting of pipelines on termination or subsequent issue of authorisations) is amended as follows.

2

In subsection (1), for “Secretary of State” substitute “ OGA ”.

3

In subsection (2)—

a

for “Secretary of State” (in each place) substitute “ OGA ”, and

b

for “he” substitute “ the OGA ”.

I1924

1

Section 20 (inspectors etc) is amended as follows.

2

For subsection (1) substitute—

1

The OGA may appoint, as inspectors to assist it in the execution of this Part of this Act, such number of persons appearing to it to be qualified for the purpose as it considers appropriate from time to time.

3

In subsection (2)(a)(ii), for “Secretary of State” substitute “ OGA ”.

I2025

1

Section 21 (enforcement) is amended as follows.

2

In subsection (1)(c), for “Secretary of State” substitute “ OGA ”.

3

In subsection (2), for “Secretary of State” substitute “ OGA ”.

4

In subsection (3), for “Secretary of State” substitute “ OGA ”.

5

In subsection (4)—

a

for “Secretary of State” (in both places) substitute “ OGA ”, and

b

for “he” substitute “ it ”.

6

In subsection (5), for “Secretary of State” (in each place) substitute “ OGA ”.

I2126

In section 25 (orders and regulations), for subsection (1) substitute—

1

Before making any order or regulations under this Part of this Act, the Secretary of State must consult—

a

the OGA, and

b

in the case of regulations, such organisations in the United Kingdom as the Secretary of State considers are representative of persons who will be affected by the regulations.

I2227

In section 28(1) (interpretation of Part 3), for the definition of “heard” substitute—

“heard” means—

a

in relation to section 27, heard on behalf of the Secretary of State by a person appointed by the Secretary of State for the purpose, and

b

otherwise, heard on behalf of the OGA by a person appointed by the OGA for the purpose.”

I2328

In section 45A (abandoned wells), for “Secretary of State” (in each place) substitute “ OGA ”.

I2429

In section 46(1) (Northern Ireland and Isle of Man shares of petroleum revenue), for “Secretary of State” (in each place) substitute “ OGA ”.

I2530

1

Section 47A (factors to take into account) is amended as follows.

2

In subsection (1)—

a

for “Secretary of State” (in both places) substitute “ OGA ”, and

b

for “him” substitute “ it ”.

3

In subsection (2A), for “Secretary of State” substitute “ OGA ”.

4

In the heading, for “Secretary of State” substitute “ OGA ”.

I2631

In section 48 (interpretation), after subsection (1) insert—

1A

In this Act “the OGA” means the Oil and Gas Authority.

I2732

1

Schedule 2 (authorisations) is amended as follows.

2

Omit paragraph 1(2).

3

In paragraph 2—

a

for “Secretary of State” (in each place) substitute “ OGA ”, and

b

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

4

In paragraph 3—

a

for “Secretary of State” (in each place) substitute “ OGA ”,

b

for “his” substitute “ its ”, and

c

for “he” substitute “ it ”.

I2833

1

Paragraph 4 is amended as follows.

2

In sub-paragraph (1)—

a

for “Secretary of State” substitute “ OGA ”,

b

for “his” substitute “ its ”, and

c

for “him” substitute “ it ”.

3

In sub-paragraph (2)—

a

for “Secretary of State” (in each place) substitute “ OGA ”, and

b

for “his” substitute “ its ”.

4

In sub-paragraph (3)—

a

for “Secretary of State” substitute “ OGA ”,

b

for “his” substitute “ its ”, and

c

for “he” substitute “ it ”.

I2934

1

Paragraph 5 is amended as follows.

2

In sub-paragraph (1)—

a

for “Secretary of State” (in both places) substitute “ OGA ”,

b

for “his opinion he” substitute “ its opinion it ”, and

c

for “he thinks” substitute “ it thinks ”.

3

In sub-paragraph (2)—

a

for “Secretary of State” (in both places) substitute “ OGA ”, and

b

for “his opinion, he” substitute “ its opinion, it ”.

I3035

In paragraph 6, for “Secretary of State” (in both places) substitute “ OGA ”.

I3136

In paragraph 7—

a

for “Secretary of State” (in each place) substitute “ OGA ”, and

b

for “he” substitute “ it ”.

I3237

1

Paragraph 8 is amended as follows.

2

In sub-paragraph (1)—

a

for “Secretary of State” (in both places) substitute “ OGA ”, and

b

for “he” substitute “ it ”.

3

In sub-paragraph (2)—

a

for “Secretary of State” substitute “ OGA ”,

b

for “he” (in the first place) substitute “ it ”, and

c

in paragraph (b), for the words following “notice in” substitute “ such manner as it considers appropriate ”.

I3338

1

Paragraph 9 is amended as follows.

2

In sub-paragraph (1), for “Secretary of State” substitute “ OGA ”.

3

In sub-paragraph (2), for “Secretary of State” (in each place) substitute “ OGA ”.

4

For sub-paragraph (3) substitute—

3

The OGA shall publish a copy of the notice in such manner as it considers appropriate.

I3439

In paragraph 10—

a

for “Secretary of State” (in each place) substitute “ OGA ”, and

b

for the words from “he shall” to “which he” substitute “ it shall publish, in such manner as it ”.