PART 3

Infrastructure and Information

Rights to use upstream petroleum infrastructure

Requirements to provide information
70
1
The Energy Act 2011 is amended as follows.
2
In section 87 (powers to require information), after subsection (5) insert—
5A
A notice under subsection (1), (2) or (3) that imposes a requirement on a person must specify when the requirement is to be complied with.
3
After that section insert—

Appeals against requirements to provide information
87A
1
Any person on whom a requirement is imposed by a notice under section 87(1), (2) or (3) may appeal against the notice to the Tribunal on the grounds that—
a
the information required by the notice is not relevant to the exercise by the OGA of its functions under this Chapter, or
b
the length of time given to comply with the notice is unreasonable.
2
On an appeal under this section the Tribunal may—
a
confirm, vary or cancel the notice, or
b
remit the matter under appeal to the OGA for reconsideration with such directions (if any) as the Tribunal considers appropriate.
3
In this section “the Tribunal” means the First-tier Tribunal.

Sanctions for failure to provide information
87B
1
A requirement imposed by a notice under section 87(1), (2) or (3) is to be treated for the purposes of Chapter 5 of Part 2 of the Energy Act 2016 (power of the OGA to impose sanctions) as a petroleum-related requirement.
2
But the OGA may not give a revocation notice or an operator removal notice under that Chapter by virtue of this section.