Office of Public Sector Information
PART 1 continued CHAPTER 3 continued
(1) An offence is committed by a licence holder if—
(a) a thing is done for which the licence specifies that the prior consent of the licensing authority or any other person is required, without that consent first having been obtained;
(b) such a thing is done in circumstances where that consent was obtained subject to conditions and those conditions have not been satisfied;
(c) the licence holder fails to keep records, give a notice or make a return or report, in accordance with the provisions of the licence;
(d) the licence holder breaches any other provision of the licence which is specified, or of a description specified, in an order made by the licensing authority.
(2) In proceedings against a person for an offence under subsection (1), it is a defence for the person to prove that due diligence was exercised to avoid committing the offence.
(3) A person guilty of an offence under subsection (1) is liable—
(a) on summary conviction, to a fine not exceeding £50,000, or
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or both.
(4) If an offence under subsection (1) relates to an activity within section 17(2)(c), or relates to the establishment or maintenance of an installation for the purposes of an activity mentioned in that provision, subsection (3) has effect as if—
(a) the reference to £50,000 were a reference to the statutory maximum, and
(b) the reference to imprisonment were omitted.
(5) It is an offence for a person to make a statement which the person knows to be false, or recklessly to make a statement which is false, in order to obtain—
(a) a licence, or
(b) the consent of the licensing authority or any other person for the purposes of any requirement imposed by virtue of section 20(6).
(6) It is an offence for a person to fail to disclose information which the person knows, or ought to know, to be relevant to an application for—
(a) a licence, or
(b) the consent of the licensing authority or any other person for the purposes of any requirement imposed by virtue of section 20(6).
(7) A person guilty of an offence under subsection (5) or (6) is liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum, or
(b) on conviction on indictment, to a fine.
(1) This section applies if a licence holder fails to comply with any provision of the licence.
(2) The licensing authority may direct the licence holder to take steps which the licensing authority considers necessary or appropriate to comply with the provision within a period specified in the direction.
(3) The licensing authority must consult the licence holder before giving a direction under subsection (2).
(4) If the licence holder fails to comply with a direction under subsection (2), the licensing authority may—
(a) comply with the direction on behalf of the licence holder, or
(b) make arrangements for another person to do so.
(5) A person taking action by virtue of subsection (4) may—
(a) do anything which the licence holder could have done, and
(b) recover from the licence holder any reasonable costs incurred in taking the action.
(6) A person (“P”) liable to pay any sum by virtue of subsection (5)(b) must also pay interest on that sum for the period beginning with the day on which the person taking action by virtue of subsection (4) notified P of the sum payable and ending with the date of payment.
(7) The rate of interest payable in accordance with subsection (6) is a rate determined by the licensing authority as comparable with commercial rates.
(8) The licence holder must provide a person taking action by virtue of subsection (4) with such assistance as the licensing authority may direct.
(9) The power to give a direction under this section is without prejudice to any provision made in the licence with regard to the enforcement of any of its provisions.
(1) It is an offence for a person to fail to comply with a direction under section 24, unless the person proves that due diligence was exercised in order to avoid the failure.
(2) A person guilty of an offence under subsection (1) is liable—
(a) on summary conviction, to a fine not exceeding £50,000, or
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or both.
(1) Where the Scottish Ministers consider it necessary or expedient to restrain any actual or apprehended breach of section 17(1) in relation to a controlled place in, under or over the territorial sea adjacent to Scotland, they may apply to the Court of Session for an interdict.
(2) Where the Secretary of State considers it necessary or expedient to restrain any other actual or apprehended breach of section 17(1), the Secretary of State may apply—
(a) to the High Court for an injunction, or
(b) to the Court of Session for an interdict.
(3) An application may be made under this section whether or not the applicant has exercised or is proposing to exercise any of the other powers under this Chapter.
(4) On an application under this section, the Court of Session may grant such an interdict, or the High Court may grant such an injunction, as it thinks appropriate for the purpose of restraining the breach.
(5) Rules of court may provide for an injunction or interdict to be issued against a person whose identity is unknown.
(1) The Secretary of State may appoint persons to act as inspectors to assist in carrying out the functions of the Secretary of State under this Chapter.
(2) The Secretary of State may make payments, by way of remuneration or otherwise, to inspectors appointed under this section.
(3) The Secretary of State may make regulations about—
(a) the powers and duties of inspectors appointed under this section;
(b) the powers and duties of any other person acting on the directions of the Secretary of State in connection with a function under this Chapter;
(c) the facilities and assistance to be accorded to persons mentioned in paragraph (a) or (b).
(4) The powers conferred by virtue of subsection (3) may include powers of a kind specified in section 108(4) of the Environment Act 1995 (c. 25) (powers of entry, investigation, etc).
(5) Any regulations under this section may provide for the creation of offences which are punishable—
(a) on summary conviction by a fine not exceeding the statutory maximum or such lesser amount as is specified in the regulations, and
(b) on conviction on indictment by a fine.
(6) This section applies in relation to the Scottish Ministers and the functions of the Scottish Ministers under this Chapter as it applies in relation to the Secretary of State and the functions of the Secretary of State under this Chapter.
(1) Proceedings for a relevant offence may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
(2) Section 3 of the Territorial Waters Jurisdiction Act 1878 (c. 73) (restriction on prosecutions) does not apply to any proceedings for a relevant offence.
(3) Proceedings for a relevant offence alleged to have been committed in a controlled place may not be instituted in England and Wales except—
(a) by the Secretary of State or a person authorised by the Secretary of State, or
(b) by or with the consent of the Director of Public Prosecutions.
(4) Proceedings for a relevant offence alleged to have been committed in a controlled place may not be instituted in Northern Ireland except—
(a) by the Secretary of State or a person authorised by the Secretary of State, or
(b) by or with the consent of the Director of Public Prosecutions for Northern Ireland.
(5) In the application of subsection (3) or (4) to an offence created by regulations under section 27—
(a) the words “alleged to have been committed in a controlled place” are to be omitted, and
(b) the references to a person authorised by the Secretary of State are to be read as references to an inspector appointed under that section.
(6) In this section “relevant offence” means an offence under this Chapter or created by regulations under section 27.
(1) The Secretary of State must maintain a register containing prescribed information relating to licences.
(2) Information is not to be included in the register if—
(a) the Secretary of State thinks that disclosure of the information would be contrary to the interests of national security, or
(b) the licensing authority thinks that disclosure of the information would prejudice to an unreasonable degree a person’s commercial interests.
(3) Information excluded from the register by virtue of subsection (2)(b) is treated, subject to subsection (4), as ceasing to prejudice a person’s commercial interests at the end of the period of 4 years beginning with the date on which the licensing authority made the decision to exclude it.
(4) The licensing authority may, on the application of the person whose commercial interests are affected, decide whether the information should be included in the register at the end of the period mentioned in subsection (3) or should continue to be excluded.
(5) Where information of any description is excluded from the register by virtue of subsection (2)(b), a statement is to be included in the register indicating the existence of information of that description.
(6) The Secretary of State must—
(a) secure that the register maintained under this section is available for inspection by the public free of charge, and
(b) afford to members of the public facilities for obtaining copies of entries, on payment of a fee.
(7) In this section “prescribed” means prescribed by regulations made by the Secretary of State.
(1) Part 4 of the Petroleum Act 1998 (c. 17) (“the 1998 Act”) applies in relation to a carbon storage installation as it applies in relation to an offshore installation within the meaning given by section 44 of the 1998 Act, subject to subsections (2) and (4).
(2) In relation to a carbon storage installation established or maintained at a controlled place under a licence granted by the Scottish Ministers—
(a) the functions conferred on the Secretary of State by Part 4 of the 1998 Act are exercisable by the Scottish Ministers rather than the Secretary of State (and, accordingly, the reference in section 39(6) of the 1998 Act to either House of Parliament is to be read as a reference to the Scottish Parliament), and
(b) the Scottish Ministers may make regulations providing that that Part applies with such other modifications as may be specified in the regulations.
(3) For the purposes of subsection (2), orders under section 33(1) are to be disregarded and installations used for a purpose ancillary to getting petroleum (within the meaning of section 1 of the 1998 Act) are not to be treated as carbon storage installations.
(4) In relation to any other carbon storage installation, the Secretary of State may make regulations providing that Part 4 of the 1998 Act applies in relation to such an installation with such modifications as may be specified in the regulations.
(5) In this section, “carbon storage installation” means an installation established or maintained for the purposes of an activity mentioned in section 17(2)(a), (b) or (c).
(1) The licensing authority may by regulations make provision—
(a) about the circumstances in which a licence may be terminated;
(b) imposing obligations on the licensing authority in respect of a carbon storage facility on or after the termination of a licence relating to the facility.
(2) Regulations under this section may, in particular, make provision about financial arrangements to be made in relation to a closed carbon storage facility on or after the termination of a licence relating to the facility.
(3) A licence has effect subject to any regulations under this section.
Sections 21, 23 and 24 of the Petroleum Act 1987 (c. 12) (safety zones) apply in relation to a carbon storage installation as they apply in relation to an installation within section 21(1) of that Act.
(1) The use of carbon dioxide, in a controlled place, for a purpose ancillary to getting petroleum is to be regarded as—
(a) an activity within section 17(2), or
(b) the storage of gas for the purposes of section 1(3)(b),
only in the circumstances specified by the Secretary of State by order.
(2) Subsection (1) and orders made under it are without prejudice to Part 1 of the Petroleum Act 1998 (c. 17).
(3) An order under subsection (1) may provide that the use of carbon dioxide, in a designated place, for a purpose ancillary to getting petroleum is to be regarded, for the purposes of this Chapter, as the use of carbon dioxide in a controlled place for such a purpose.
(4) A designated place means a place designated by the order which is a place in, under or over waters in an area designated under section 1(7) of the Continental Shelf Act 1964 (c. 29), other than waters in a Gas Importation and Storage Zone.
(5) In this section “petroleum” has the meaning given by section 1 of the Petroleum Act 1998 (c. 17).
(1) The Secretary of State may by order transfer to a public body any function conferred on the Secretary of State by or under this Chapter, other than a power to make regulations or an order.
(2) A function transferred by an order under subsection (1) reverts to the Secretary of State if the order is revoked.
(3) An order under subsection (1) may—
(a) transfer different functions to different bodies;
(b) transfer functions to a body in respect of all activities within section 17(2) or only specified activities;
(c) transfer the same function to different bodies in respect of different activities;
(d) transfer functions to different bodies in respect of different places.
(4) An order under subsection (1) may—
(a) provide for the Secretary of State to make payments to a body to which a function has been transferred in respect of the body’s expenditure in connection with the exercise of the function;
(b) require any fee paid to such a body under this Chapter to be paid into the Consolidated Fund;
(c) make such modifications of section 188 of the Energy Act 2004 (c. 20) (power to impose charges to fund energy functions), or any regulations made under that section, as the Secretary of State considers appropriate in consequence of the transfer of a function by virtue of this section.
(5) The Secretary of State may give a direction to a body to which functions have been transferred under subsection (1) about—
(a) whether, or in what circumstances, a function specified in the direction is to be carried out;
(b) the manner in which a function specified in the direction is to be carried out.
(6) A direction under subsection (5) may be general or specific.
(7) The Secretary of State may not give a direction under subsection (5) without first consulting the body to which the Secretary of State proposes to give the direction.
(8) This section applies in relation to the Scottish Ministers and any functions conferred on them by or under this Chapter as it applies in relation to the Secretary of State and any functions conferred on the Secretary of State by or under this Chapter, except that—
(a) in its application to the Scottish Ministers the reference in subsection (4)(b) to the Consolidated Fund is to be read as a reference to the Scottish Consolidated Fund, and
(b) the reference in that subsection to section 188 of the Energy Act 2004 (c. 20) is to be read as a reference to that section as applied and modified by subsection (12) (inserted by paragraph 13(e) of Schedule 1 to this Act).
(1) In this Chapter—
“carbon storage facility” has the meaning given by section 20(8);
“carbon storage installation” has the meaning given by section 30(5);
“closure”, in relation to a carbon storage facility, has the meaning given by section 20(8);
“controlled place” has the meaning given by section 17(3);
“Gas Importation and Storage Zone” means an area designated under section 1(5);
“installation” includes any floating structure or device maintained on a station by whatever means;
“licence” means a licence granted under section 18(1), and “licence holder” is to be construed accordingly;
“licensing authority” has the meaning given by section 18(2).
(2) An Order in Council under section 126(2) of the Scotland Act 1998 (c. 46) (apportionment of sea areas) has effect for the purposes of this Chapter if, or to the extent that, the Order is expressed to apply—
(a) by virtue of this subsection, for the purposes of this Chapter, or
(b) if no provision has been made by virtue of paragraph (a), for the general or residual purposes of that Act.
Schedule 1 contains amendments relating to Chapters 2 and 3.
Energy Act 2008