Office of Public Sector Information
PART 3 continued CHAPTER 3 continued
(C1) For the purposes of subsection (B1)—
(a) “oil field” means an area which the appropriate authority (within the meaning of paragraph 1(2) of Schedule 1 to the Oil Taxation Act 1975) has determined to be an oil field for the purposes of Part 1 of that Act,
(b) P has an interest in an oil field if P is entitled to derive, or has at any time been entitled to derive, any financial or other benefit from activities within section 30(6) (other than paragraph (c)) carried on in the field.
(D1) The Secretary of State may not give a notice under section 29(1) in relation to an offshore installation to a body corporate if—
(a) the body corporate falls within paragraph (e) of section 30(1) (and no other paragraph of that section), and
(b) the body corporate falls within that paragraph by reason only that it is associated (within the meaning given by section 30(8)) with a person to whom the Secretary of State may not give a notice in relation to the installation by virtue of subsection (A1).”
(8) In section 34 of that Act (revision of programmes), after subsection (3) insert—
“(3A) A proposal that a person who is or has been within paragraph (b) or (c) of section 30(1) is to have a duty to secure that a programme is carried out may not be made if the Secretary of State would be prevented from giving a notice under section 29(1) to the person by virtue of section 31(A1) if the programme had not already been approved under this section.”
(1) Section 38 of the Petroleum Act 1998 (c. 17) (information and notices) is amended as follows.
(2) For subsection (1) substitute—
“(1) The Secretary of State may, for a purpose specified in subsection (1A), give a notice to a person within subsection (1B) requiring the person, within a time specified in the notice—
(a) to provide specified information relating to the person’s financial affairs;
(b) to supply copies of specified documents, or documents of a specified description, relating to those affairs.
(1A) Those purposes are—
(a) determining whether to give a notice under section 29 to a person in respect of an installation or pipeline;
(b) determining whether to make a proposal under section 34(1) to impose a duty on a person under section 36;
(c) where a person has made such a proposal, determining whether to impose the duty on the person proposed.
(1B) A person falls within this subsection if—
(a) a notice under section 29(1) may be given to the person,
(b) the person falls within section 34(2)(a) or (b) and the Secretary of State is considering proposing, in accordance with section 34(1)(b), that the person should have a duty under section 36, or
(c) the person falls within section 34(2)(a) or (b) and the Secretary of State is considering whether to impose a duty on the person under section 36 in accordance with a proposal made under section 34(1)(b).”
(3) In subsection (2)—
(a) for the words from “who has” to “that duty” substitute “falling within subsection (2A) will be capable of carrying out any abandonment programme which has been submitted (whether or not it is approved) or may be submitted in relation to an installation or pipeline”, and
(b) in paragraph (a) after “information” insert “(which may relate to the estimated costs of abandonment of the installation or pipeline or to any other financial or other matter)”.
(4) After that subsection insert—
“(2A) A person falls within this subsection if—
(a) a notice under section 29(1) has been given to the person, or
(b) the person has a duty under section 36 to secure that an abandonment programme is carried out.”
(5) For subsection (4) substitute—
“(4) The Secretary of State may, after consulting the Treasury, give written notice to a person to whom subsection (4A) applies, requiring the person to take such action as may be specified in the notice within such time as may be so specified.
(4A) This subsection applies to a person if—
(a) the person falls within subsection (2A), and
(b) the Secretary of State is not satisfied that the person will be capable of carrying out any duty which has been, or is likely to be, imposed on the person by section 36.”
(6) After subsection (6) add—
“(7) It is an offence for a person to disclose information obtained by virtue of a notice under subsection (1) or (2) unless the disclosure—
(a) is made with the consent of the person by or on behalf of whom the information was provided,
(b) is for the purpose of the exercise of the Secretary of State’s functions under this Part, Chapter 3 of Part 2 of the Energy Act 2004 or Part 1 of the Energy Act 2008, or
(c) is required by or under an enactment.”
(1) After section 38 of the Petroleum Act 1998 (c. 17) insert—
(1) This section applies where any security for the performance of obligations under an approved abandonment programme has been provided by a person (“the security provider”) by way of a trust or other arrangements.
(2) Subsection (1) applies whether the security is provided before or after the programme is approved.
(3) In this section a reference to “the protected assets” is a reference to the security and any property or rights in which it consists.
(4) In this section “security” includes—
(a) a charge over a bank account or any other asset;
(b) a deposit of money;
(c) a performance bond or guarantee;
(d) an insurance policy;
(e) a letter of credit.
(5) The manner in which, and purposes for which, the protected assets are to be applied and enforceable (whether in the event of the security provider’s insolvency or otherwise) is to be determined in accordance with the trust or other arrangements.
(6) For the purposes of subsection (5), no regard is to be had to so much of the Insolvency Act 1986, the Insolvency (Northern Ireland) Order 1989 or any other enactment or rule of law as, in its operation in relation to the security provider or any conduct of the security provider, would—
(a) prevent or restrict the protected assets from being applied in accordance with the trust or other arrangement, or
(b) prevent or restrict their enforcement for the purposes of being so applied.
(7) In subsection (6) “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament or Northern Ireland legislation.
(1) The Secretary of State may direct a security provider to publish specified information about the protected assets.
(2) A direction under this section may specify—
(a) the time when the information must be published, and
(b) the manner of publication.
(3) If a security provider fails to comply with a direction, the Secretary of State, or a creditor of the security provider, may make an application to the court under this section.
(4) If, on an application under this section, the court decides that the security provider has failed to comply with the direction, it may order the security provider to take such steps as the court directs for securing that the direction is complied with.
(5) In this section—
“court”—
in relation to an application in England and Wales or Northern Ireland, means the High Court, and
in relation to an application in Scotland, means the Court of Session;
“security provider” means a person who has provided security in relation to which section 38A applies;
“the protected assets”, in relation to a security provider, means the security, and any property or rights in which it consists.”
(2) This section has effect in relation to a trust or other arrangements established on or after 1st December 2007.
(1) In Part 5 of the Petroleum Act 1998 (c. 17), before section 46 (Northern Ireland and Isle of Man shares of petroleum revenue) insert—
(1) This section applies in relation to a person who has drilled, or commenced drilling, a well in pursuance of a petroleum licence or a licence under section 4 of the Energy Act 2008 (gas storage and unloading licences).
(2) The Secretary of State may give a notice requiring the person—
(a) to provide specified information relating to the person’s financial affairs, or
(b) to supply copies of specified documents, or documents of a specified description, relating to those affairs.
(3) A notice under subsection (2) must specify the time within which the information or documents must be provided.
(4) Subsection (5) applies if—
(a) the person fails to provide information or documents required by such a notice within the period specified in the notice, or
(b) on receiving information or documents required by a notice under subsection (2) the Secretary of State is not satisfied that the person will be capable of plugging and abandoning the well.
(5) Where this subsection applies the Secretary of State may give the person a notice, after consulting the Treasury, requiring the person to take the action specified in the notice within the time so specified.
(6) The Secretary of State may not give a notice to a person under subsection (5) without first giving the person an opportunity to make written representations as to whether the notice should be given.
(7) It is an offence for a person to fail to comply with a notice under subsection (2) or (5) unless it is proved that the person exercised due diligence to avoid the failure.
(8) A person guilty of an offence under this section is liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum, or
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or both.
(9) Section 41 (other than subsection (5)) applies in relation to prosecutions for offences under this section as it applies in relation to prosecutions for offences under Part 4.
(10) In this section—
“petroleum licence” means a licence under section 2 of the Petroleum (Production) Act 1934 or section 3 above;
“well” includes a borehole.”
(2) This section applies in relation to any well the drilling of which commences on or after the date on which this section comes into force.
Energy Act 2008