Legalize / United Kingdom / Public General Act

Petroleum Act 1998

Type Public General Act

Publication 1998-06-11

Last updated 2023-12-26

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(b) shall either specify the times at or within which the measures proposed in it are to be taken or make provision as to how those times are to be determined;

(c) if it proposes that an installation or pipeline be left in position or not wholly removed, shall include provision as to any continuing maintenance that may be necessary.

(5) A person who submits an abandonment programme to the Secretary of State under this section shall at the same time pay to him such fee in respect of his expenditure under this Part of this Act as may be determined in accordance with regulations under section 39.

(6) The Secretary of State may exercise his powers under this section notwithstanding that an abandonment programme has previously been submitted for the installation or pipeline in question if the Secretary of State has under section 32—

(a) rejected that programme, or

(b) approved it (whether or not the approval has been withdrawn).

Persons who may be required to submit programmes

30

(1) A notice under section 29(1) shall not be given to a person in relation to the abandonment of an offshore installation unless at the time when the notice is given he is within any of the following paragraphs—

(a) the person having the management of the installation or of its main structure;

(b) a person to whom subsection (5) applies in relation to the installation;

(ba) a person to whom subsection (5)(a) and (b) applied in relation to the installation, but who—

(i) transferred the right mentioned in that subsection to another person, and

(ii) has not obtained a consent required under the licence in relation to the transfer;

(c) a person outside paragraphs (a) and (b) who is a party to a joint operating agreement or similar agreement relating to rights by virtue of which a person is within paragraph (b);

(d) a person outside paragraphs (a) to (c) who owns any interest in the installation otherwise than as security for a loan;

(e) a body corporate which is outside paragraphs (a) to (d) but is associated with a body corporate within any of those paragraphs.

(2) A notice under section 29(1) shall not be given to a person in relation to the abandonment of a submarine pipeline unless at the time when the notice is given he is within any of the following paragraphs—

(a) a person designated as the owner of the pipeline by an order made by the Secretary of State under section 27;

(b) a person outside paragraph (a) who owns any interest in the whole or substantially the whole of the pipeline, otherwise than as security for a loan;

(c) a body corporate which is outside paragraphs (a) and (b) but is associated with a body corporate within one of those paragraphs.

(3) The Secretary of State may by written notice require a person appearing to the Secretary of State to be within any of the paragraphs of subsection (1) or (2) to give him, within such time as may be specified in the notice, the name and address of every other person whom the recipient of the notice believes to be within any of those paragraphs in relation to the installation or pipeline concerned.

(4) A person who without reasonable excuse fails to comply with a notice under subsection (3) shall be guilty of an offence.

(5) This subsection applies to a person in relation to an offshore installation if—

(a) the person has the right—

(i) to exploit or explore mineral resources in any area,

(ii) to unload, store or recover gas in any area or to convert any natural feature in any area for the purpose of storing gas, or

(iii) to explore any area with a view to, or in connection with, the exercise of a right within sub-paragraph (i) or (ii), and

(b) either—

(i) any activity mentioned in subsection (6) is carried on from, by means of or on the installation, or

(ii) the person intends to carry on an activity mentioned in that subsection from, by means of or on the installation,

or if he had such a right when any such activity was last so carried on.

(6) The activities referred to in subsection (5) are—

(a) the exploitation or exploration of mineral resources in the exercise of the right mentioned in subsection (5)(a);

(aa) the unloading, storage or recovery of gas in the exercise of that right;

(ab) the conversion, in the exercise of that right, of any natural feature for the purpose of storing gas;

(ac) the exploration in exercise of that right with a view to, or in connection with, the exercise of a right within subsection (5)(a)(ii);

(b) the conveyance in the area so mentioned, by means of a pipe or system of pipes, of minerals got, or gas being stored or recovered, in the exercise of that right; and

(c) the provision of accommodation for persons who work on or from an installation which is or has been maintained, or is intended to be established, for the carrying on of an activity falling within paragraph (a) to (b) or this paragraph.

(7) The fact that an installation has been maintained for the carrying on of an activity within subsection (6) shall be disregarded for the purposes of paragraph (c) of that subsection if, since it was so maintained, the installation—

(a) has been outside relevant waters or, where it was so maintained in a part of a foreign sector of the continental shelf adjacent to those waters, the area consisting of those waters and that part; or

(b) has been maintained for the carrying on of an activity which is not within that subsection.

(8) For the purposes of this section, one body corporate is associated with another if one of them controls the other or a third body corporate controls both of them; and subsections (8A) to (8D) set out the circumstances in which one body corporate (“A”) controls another (“B”).

(8A) Where B is a company, A controls B if A possesses or is entitled to acquire—

(a) one half or more of the issued share capital of B,

(b) such rights as would entitle A to exercise one half or more of the votes exercisable in general meetings of B,

(c) such part of the issued share capital of B as would entitle A to one half or more of the amount distributed if the whole of the income of B were in fact distributed among the shareholders, or

(d) such rights as would, in the event of the winding up of B or in any other circumstances, entitle it to receive one half or more of the assets of B which would then be available for distribution among the shareholders.

(8B) Where B is a limited liability partnership, A controls B if A—

(a) holds a majority of the voting rights in B,

(b) is a member of B and has a right to appoint or remove a majority of other members, or

(c) is a member of B and controls alone, or pursuant to an agreement with other members, a majority of the voting rights in B.

(8C) In subsection (8B)(a) and (c) the references to “voting rights” are to the rights conferred on members in respect of their interest in a limited liability partnership to vote on those matters which are to be decided on by a vote of the members of the limited liability partnership.

(8D) In any case, A controls B if A has the power, directly or indirectly, to secure that the affairs of B are conducted in accordance with A's wishes.

(9) In determining whether, by virtue of subsections (8) to (8D) , one body corporate controls another, the first-mentioned body corporate shall be taken to possess—

(a) any rights and powers possessed by a person as nominee for it; and

(b) any rights and powers possessed by a body corporate which it controls (including rights and powers which such abody corporate would be taken to possess by virtue of this paragraph).

Section 29 notices: supplementary provisions

31

(A1) The Secretary of State may not give a notice under section 29(1) in relation to an offshore installation to a person (“P”) who, in relation to the installation, falls within paragraph (b) or (c) of section 30(1), if—

(a) P is not entitled to derive, and never has been entitled to derive, any financial or other benefit from any activity within section 30(6)—

(i) which has been or is carried on (or is intended to be carried on) from, by means of or on the installation, and

(ii) is an activity to which subsection (B1) applies, and

(b) P is not, and never has been, a person within section 30(1)(a), (ba), (d) or (e) in relation to the installation.

(B1) This subsection applies to an activity if—

(a) where the activity is the exploitation or exploration of mineral resources, it relates to an oil field for which the installation is or is to be established or maintained;

(b) where the activity is the conveyance of minerals, the minerals are got, or to be got, from such an oil field;

(c) where the activity is the unloading, storage or recovery of gas, it relates to a controlled place (within the meaning of Chapter 2 or 3 of Part 1 of the Energy Act 2008) for which the installation is or is to be established or maintained;

(d) where the activity is the conveyance of gas being stored or recovered, the storage or recovery of the gas relates to such a controlled place;

(e) where the activity is within section 30(6)(c)—

(i) the installation is in an oil field in respect of which P has an interest, or

(ii) the installation is in a controlled place in respect of which P has a licence under Part 1 of the Energy Act 2008.

(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).

(1) Subject to subsection (3), the Secretary of State shall not give a notice under section 29(1) in relation to an offshore installation to a person within paragraph ... (e) of section 30(1) if the Secretary of State has been and continues to be satisfied that adequate arrangements (including financial arrangements) have been made by a person or persons within paragraph (a), (b) or (c) to ensure that a satisfactory abandonment programme will be carried out.

(2) Subject to subsection (3), the Secretary of State shall not give a notice under section 29(1) in relation to a submarine pipeline to a person within paragraph (b) or (c) of section 30(2) if the Secretary of State has been and continues to be satisfied that adequate arrangements (including financial arrangements) have been made by a person or persons within paragraph (a) to ensure that a satisfactory abandonment programme will be carried out.

(3) Subsections (1) and (2) shall not apply if there has been a failure to comply with a notice under section 29(1) or if the Secretary of State has rejected a programme submitted in compliance with such a notice.

(4) The Secretary of State shall not give a notice to a person under section 29(1) without first giving him an opportunity to make written representations as to whether the notice should be given.

(5) Where the Secretary of State has given a notice under section 29(1) in relation to an installation or a pipeline, he may at any time before the programme required by it is submitted withdraw the notice or give (subject to the preceding provisions of this section) a further notice under section 29(1) (whether in substitution for or in addition to any notice already given); and if he does so he shall inform the recipients of any other notices which have been given in relation to that installation or pipeline and not withdrawn.

(6) Neither the withdrawal of a notice given under section 29(1) nor the giving of a further notice shall relieve the recipient of any other notice of his duty to submit a programme (jointly, in a case where more than one notice is given and not withdrawn, with the recipients of the other notices).

Approval of programmes

32

(1) The Secretary of State may either approve or reject a programme submitted to him under section 29.

(2) If he approves a programme, the Secretary of State may approve it with or without modifications and either subject to conditions or unconditionally.

(2A) The modifications or conditions may (in particular) include modifications or conditions—

(a) which are intended (whether by means of the timing of the measures proposed, the inclusion of provision for collaboration with other persons, or otherwise) to reduce the total cost of carrying out the programme, provided that they do not increase the total costs to be met by any person who is to be subject to obligations under the programme or under any other abandonment programme;

(b) requiring the persons who submitted the programme to carry out and publish or make available to the Secretary of State and the OGA a review of the programme and its implementation including, where relevant, recommendations as to the contents and implementation of future abandonment programmes.

(3) Before approving a programme with modifications or subject to conditions, the Secretary of State shall give the persons who submitted the programme an opportunity to make written representations about the proposed modifications or conditions.

(4) If he rejects a programme, the Secretary of State shall inform the persons who submitted it of his reasons for doing so.

(5) The Secretary of State shall act without unreasonable delay in reaching a decision as to whether to approve or reject a programme.

(6) Before reaching a decision under this section the Secretary of State must—

(a) consult the OGA, and

(b) take into account the cost of carrying out the programme that has been submitted and whether it is possible to reduce that cost by modifying the programme or making it subject to conditions.

(7) When consulted under subsection (6)(a), the OGA must (in particular) consider and advise on—

(a) alternatives to abandoning or decommissioning the installation or pipeline, such as re-using or preserving it, and

(b) whether section 29(2A)(b) has been complied with and, if it has not been, modifications or conditions that would enable it to be complied with.

Failure to submit programmes

33

(1) If a notice under section 29(1) is not complied with, or if the Secretary of State rejects a programme submitted in compliance with such a notice, the Secretary of State may himself prepare an abandonment programme for the installation or pipeline concerned.

(2) With a view to exercising his powers under subsection (1) of this section, the Secretary of State may by written notice require any of the persons to whom notice was given under section 29(1) to provide him, within such time as may be specified in the notice, with such records and drawings and such other information as may be so specified.

(3) A person who without reasonable excuse fails to comply with a notice under subsection (2) shall be guilty of an offence.

(3A) When preparing an abandonment programme under this section the Secretary of State must—

(a) consult the OGA, and

(b) frame the programme so as to ensure (whether by means of the timing of the measures proposed, the inclusion of provision for collaboration with other persons, or otherwise) that the cost of carrying it out is kept to the minimum that is reasonably practicable in the circumstances.

(3B) When consulted under paragraph (a) of subsection (3A), the OGA must (in particular) consider and advise on—

(a) alternatives to abandoning or decommissioning the installation or pipeline, such as re-using or preserving it, and

(b) how to comply with the requirement in paragraph (b) of that subsection.

(4) The Secretary of State may recover from any of the persons to whom a notice was given under section 29(1) any expenditure incurred by the Secretary of State in preparing an abandonment programme under this section, and any fee that would have been payable on the submission of a programme by those persons.

(5) A person liable to pay any sum to the Secretary of State by virtue of subsection (4) shall also pay interest on that sum for the period beginning with the day on which the Secretary of State notified him of the sum payable and ending with the date of payment.

(6) The rate of interest payable in accordance with subsection (5) shall be a rate determined by the Secretary of State as comparable with commercial rates.

(7) Where the Secretary of State prepares an abandonment programme under this section, he shall inform the persons to whom notice was given under section 29(1) of its terms; and when he has done so, the following provisions of this Part of this Act shall have effect as if the programme had been submitted by those persons and approved by the Secretary of State.

Revision of programmes

34

(1) Where the Secretary of State has approved a programme submitted to him under section 29—

(a) either he or the persons who submitted it acting together may propose an alteration to the programme or to any condition to which it is subject; and

(b) either he or any of those persons may propose that any person who by virtue of section 36 has a duty to secure that the programme is carried out shall cease to have that duty, or that a person who does not already have that duty shall have it (either in addition to or in substitution for another person).

(2) In the case of a proposal of the kind mentioned in subsection (1)(b), any person who would if the proposed change were made have a duty to secure that the programme is carried out must be a person who—

(a) if the programme relates to an offshore installation, is within paragraph (a), (b), (ba), (c), (d) or (e) of section 30(1) when the proposal is made, or has been within one of those paragraphs at some time since the giving of the first notice under section 29(1) in relation to the installation; and

(b) if the programme relates to a submarine pipeline, is within paragraph (a), (b) or (c) of section 30(2) when the proposal is made, or has been within one of those paragraphs at some time since the giving of the first notice under section 29(1) in relation to the pipeline.

(3) The Secretary of State shall not propose that a person who is or has been within paragraph... (e) (but no other paragraph) of section 30(1) or paragraph (b) or (c) (but not paragraph (a)) of section 30(2) shall have a duty to secure that a programme is carried out unless it appears to the Secretary of State that a person already under that duty has failed or may fail to discharge it.

(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.

(4) A proposal under subsection (1) shall be made by written notice given—

(a) if the proposal is the Secretary of State’s, to each of the persons by whom the programme was submitted; and

(b) in any other case, to the Secretary of State;

and a person giving notice to the Secretary of State shall at the same time pay to him such fee in respect of his expenditure under this Part of this Act as may be determined in accordance with regulations under section 39.

(4A) A person who makes a proposal under subsection (1) that is likely to have an effect on the cost of carrying out the programme must frame it so as to ensure (whether by means of the timing of the measures proposed, the inclusion of provision for collaboration with other persons, or otherwise) that the cost of carrying out the programme as proposed to be altered is kept to the minimum that is reasonably practicable in the circumstances.

(4B) Where the Secretary of State makes a proposal under subsection (1)(a) the purpose of which is to reduce the total cost of carrying out a programme, the proposal may not increase the total costs to be met by any person who is to be subject to obligations under the programme or under any other abandonment programme.

(5) Where the Secretary of State has made a proposal under subsection (1)(a), he shall give an opportunity to make written representations about it to each of the persons who submitted the programme.

(6) Where a proposal has been made under subsection (1)(b), the Secretary of State shall give an opportunity to make written representations about it to every person (other than one who made the proposal) who will if the proposed change is made—

(a) have a duty to secure that the programme is carried out; or

(b) cease to have that duty.

(7) The Secretary of State shall determine whether a change proposed under subsection (1) is to be made and shall then give notice of his determination, and of his reasons for it, to—

(a) every person who, before the determination was made, had a duty to secure the carrying out of the programme; and

(b) any person who has that duty as a result of the determination.

(7A) If it appears to the Secretary of State that what is proposed under subsection (1) is likely to have an effect on the cost of carrying out the programme, the Secretary of State must, before making a determination under subsection (7)—

(a) consult the OGA, and

(b) take that effect into account.

(7B) When consulted under subsection (7A)(a) the OGA must (in particular) consider and advise on—

(a) alternatives to abandoning or decommissioning the installation or pipeline, such as re-using or preserving it, and

(b) whether subsection (4A) applies and, if so, whether it has been complied with.

(8) Where the Secretary of State determines that a change proposed in accordance with this section shall be made, this Part of this Act shall thereafter have effect as if the programme had been approved by the Secretary of State after being submitted under section 29 with the alterations, or as the case may be by the persons, specified in the determination.

Withdrawal of approval

35

(1) The Secretary of State may at the request of one or more of the persons who submitted an abandonment programme withdraw his approval of the programme.

(2) If a request under subsection (1) is made by some but not all of the persons who submitted the programme, the Secretary of State shall give the others an opportunity to make written representations as to whether his approval should be withdrawn.

(3) The Secretary of State shall after determining whether to withdraw his approval of an abandonment programme give notice of his determination to each of the persons who submitted the programme.

Duty to carry out programmes

36

Where an abandonment programme is approved by the Secretary of State, it shall be the duty of each of the persons who submitted it to secure that it is carried out and that any conditions to which the approval is subject are complied with.

Default in carrying out programmes

37

(1) If an abandonment programme approved by the Secretary of State is not carried out or a condition to which the approval is subject is not complied with, the Secretary of State may by written notice require any of the persons who submitted the programme to take such remedial action as may be specified in the notice within such time as may be so specified.

(1A) If it appears to the Secretary of State that the proposed remedial action is likely to have an effect on the cost of carrying out the programme, the Secretary of State must—

(a) consult the OGA before giving a notice under subsection (1), and

(b) take that effect into account when deciding whether to give the notice.

(1B) When consulted under subsection (1A)(a), the OGA must consider and advise on the likely effect of the proposed remedial action on the cost of carrying out the programme.

(2) A person who fails to comply with a notice given to him under subsection (1) shall be guilty of an offence unless he proves that he exercised due diligence to avoid the failure.

(3) If a notice under subsection (1) is not complied with, the Secretary of State may carry out the remedial action required by the notice, and may recover any expenditure incurred by him in doing so from the person to whom the notice was given.

(4) A person liable to pay any sum to the Secretary of State by virtue of subsection (3) shall also pay interest on that sum for the period beginning with the day on which the Secretary of State notified him of the sum payable and ending with the date of payment.

(5) The rate of interest payable in accordance with subsection (4) shall be a rate determined by the Secretary of State as comparable with commercial rates.

Financial resources

38

(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;

(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).

(2) In order to satisfy himself that a person 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 , the Secretary of State may at any time by written notice require that person, within such time as may be specified in the notice—

(a) to provide such information (which may relate to the estimated costs of abandonment of the installation or pipeline or to any other financial or other matter) ; and

(b) to supply copies of such documents,

as may be so specified.

(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.

(3) A person who—

(a) without reasonable excuse fails to comply with a notice under subsection (1) or (2); or

(b) in purported compliance with such a notice provides information which he knows to be false in a material particular or recklessly provides information which is false in a material particular,

shall be guilty of an offence.

(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.

(5) The Secretary of State shall not give notice to a person under subsection (4) without first giving him an opportunity to make written representations as to whether the notice should be given.

(6) A person who fails to comply with a notice under subsection (4) shall be guilty of an offence unless he proves that he exercised due diligence to avoid the failure.

(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

Regulations

39

(1) The Secretary of State may make regulations relating to the abandonment of offshore installations and submarine pipelines.

(2) Without prejudice to the generality of subsection (1), regulations under this section may—

(a) prescribe standards in respect of the dismantling, removal and disposal of installations and pipelines;

(b) prescribe standards and safety requirements in respect of anything left in the water in cases where an installation or pipeline is not wholly removed;

(d) make provision for inspection, including provision as to the payment of the costs of inspection;

(e) make provision as to the determination of the amount of any fees that are payable to the Secretary of State under this Part of this Act.

(3) Regulations under this section may include provision making it an offence, in such cases as may be prescribed in the regulations, to contravene the regulations.

(4) Where regulations under this section create an offence, they shall make provision as to the mode of trial and punishment of offenders; but—

(a) any provision as to punishment on summary conviction shall not authorise a fine exceeding the statutory maximum or imprisonment; and

(b) any provision as to punishment on conviction on indictment shall not authorise imprisonment for a term exceeding two years.

(5) Before making regulations under this section the Secretary of State shall consult organisations in the United Kingdom appearing to him to be representative of those persons who will be affected by the regulations; and he shall not make regulations relating to the amount of any fees without the consent of the Treasury.

(6) Regulations under this section shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Offences: penalties

40

A person guilty of an offence under section 28A, 30, 33, 36A, 37 or 38 shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine, or to both.

Offences: general

41

(1) Proceedings for an offence under section 28A, 30, 33, 36A, 37 or 38 or under regulations made under section 39 shall not be instituted in England and Wales except—

(a) by the Secretary of State or by a person authorised in that behalf by the Secretary of State; or

(b) by or with the consent of the Director of Public Prosecutions.

(2) Proceedings for an offence under section 28A, 30, 33, 36A, 37 or 38 or under regulations made under section 39 shall not be instituted in Northern Ireland except—

(a) by the Secretary of State or by a person authorised in that behalf by the Secretary of State; or

(b) by or with the consent of the Director of Public Prosecutions for Northern Ireland.

(3) Where an offence committed by a body corporate under section 28A, 30, 33, 36A, 37 or 38 or under regulations made under section 39 is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(4) Where the affairs of a body corporate are managed by its members, subsection (3) shall apply in relation to acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(5) If an offence under section 28A, 36A or 37 or under regulations made under section 39 is committed outside the United Kingdom, proceedings for the 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.

(6) Section 3 of the Territorial Waters Jurisdiction Act 1878 (restriction on prosecutions) shall not apply to proceedings for an offence to which subsection (1) of this section applies.

Validity of Secretary of State’s acts

42

(1) If any person is aggrieved by any of the acts of the Secretary of State mentioned in subsection (2) and desires to question its validity on the ground that it was not within the powers of the Secretary of State or that the relevant procedural requirements had not been complied with, he may within 42 days of the day on which the act was done make an application to the court under this section.

(2) The acts referred to in subsection (1) are—

(a) the giving of a notice under section 29(1);

(b) the approval of a programme under section 32;

(d) a determination under section 34;

(e) a determination under section 35;

(ea) the giving of a notice under section 36A(2);

(f) the giving of a notice under section 38(4).

(3) If on an application under this section the court is satisfied that the act in question was not within the powers of the Secretary of State or that the applicant has been substantially prejudiced by a failure to comply with the relevant procedural requirements, the court may quash the act.

(4) Except as provided by this section, the validity of any of the acts of the Secretary of State referred to in subsection (1) shall not be questioned in any legal proceedings whatever.

(5) In this section “the relevant procedural requirements”—

(a) in relation to the giving of a notice under section 29(1), means the requirements of section 31(4);

(b) in relation to the approval of a programme under section 32, means the requirements of section 32(3);

(d) in relation to a determination under section 34, means the requirements of section 34(5), (6) and (7);

(e) in relation to a determination under section 35, means the requirements of section 35(2);

(ea) in relation to the giving of a notice under section 36A(2), means the requirements of section 36A(6);

(f) in relation to the giving of a notice under section 38(4), means the requirements of section 38(5).

(6) In this section, “the court” means—

(a) in relation to England and Wales, the High Court;

(b) in relation to Scotland, the Court of Session;

Notices

43

Any notice or other communication authorised or required to be given by this Part of this Act may be sent by post (but this is without prejudice to any other method of transmission).

Meaning of “offshore installation”

44

(1) In this Part of this Act, “offshore installation” means any installation which is or has been maintained, or is intended to be established, for the carrying on of any activity to which subsection (2) applies.

(2) This subsection applies to any activity mentioned in subsection (3) which is carried on from, by means of or on an installation which is maintained in the water, or on the foreshore or other land intermittently covered with water, and is not connected with dry land by a permanent structure providing access at all times and for all purposes.

(3) The activities referred to in subsection (2) are—

(a) the exploitation, or the exploration with a view to exploitation, of mineral resources in or under the shore or bed of relevant waters;

(aa) the exploration of any place in, under or over relevant waters with a view to the storage of gas in such an place;

(ab) the conversion of any place in, under or over relevant waters for the purpose of storing gas;

(b) the storage of gas in, under or over relevant waters or the recovery of gas so stored;

(ba) the unloading of gas at any place in, under or over relevant waters;

(c) the conveyance of things by means of a pipe, or system of pipes, constructed or placed on, in or under the shore or bed of relevant waters; and

(d) the provision of accommodation for persons who work on or from an installation which is or has been maintained, or is intended to be established, for the carrying on of an activity falling within any of paragraphs (a) to (c) or this paragraph.

(4) In this Part of this Act, “relevant waters” means—

(a) tidal waters and parts of the sea in or adjacent to the United Kingdom up to the seaward limits of the territorial sea;

(b) waters in an area designated under section 1(7) of the Continental Shelf Act 1964; and

but Her Majesty may by Order in Council provide that, in such cases and subject to such exceptions and modifications as may be prescribed by the Order, this Part of this Act shall have effect as if—

(i) any reference in this Part of this Act to relevant waters included a reference to waters in any area specified under section 10(8); and

(ii) in relation to an installation which is or has been maintained, or is intended to be established, in relevant waters, any reference in subsection (3) to relevant waters included a reference to waters in a foreign sector of the continental shelf which are adjacent to such waters.

(5) For the purposes of this section—

“gas” means gas within the meaning of section 2(4) of the Energy Act 2008;

“inland waters” means waters within the United Kingdom other than tidal waters and parts of the sea;

“installation” includes—any floating structure or device maintained on a station by whatever means; andin such cases and subject to such exceptions as may be prescribed by Order in Council, any apparatus or works which are by virtue of section 26 to be treated as associated with a pipe or system of pipes for the purposes of Part III of this Act,but, subject to paragraph (b), does not include any part of a pipeline within the meaning of that section;

“modifications” includes additions, omissions and alterations.

(6) The fact that an installation has been maintained for the carrying on of an activity falling within subsection (3) shall be disregarded for the purposes of this section if, since it was so maintained, the installation—

(a) has been outside relevant waters or, where it was so maintained in a part of a foreign sector of the continental shelf adjacent to those waters, the area consisting of those waters and that part; or

(b) has been maintained for the carrying on of an activity not falling within that subsection.

(7) Any statutory instrument containing an Order under subsection (4) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Interpretation of Part IV

45

In this Part of this Act—

“abandonment programme” has the meaning given by section 29;

“foreign sector of the continental shelf” has the meaning given by section 48(1);

“offshore installation” has the meaning given by section 44;

“relevant waters” has the meaning given by section 44(4);

“submarine pipeline” means a pipeline within the meaning of section 26 which is , or is intended to be established, in, under or over waters in—the territorial sea adjacent to the United Kingdom; oran area designated under section 1(7) of the Continental Shelf Act 1964.

but does not include any such pipeline which, by virtue of an order under subsection (2A) of section 24, is to be disregarded for the purposes of Part 3 of this Act (other than that subsection).

Part V — Miscellaneous and General

Northern Ireland and Isle of Man shares of petroleum revenue

46

(1) Where petroleum is delivered to the OGA under the terms of a licence granted under section 3 by virtue of subsection (2)(b) of that section, then, for the purposes of section 2 of the Miscellaneous Financial Provisions Act 1968 (Northern Ireland and Isle of Man shares of revenue from the continental shelf), the proceeds from the licence shall be taken to include the proceeds of the sale of the petroleum less—

(a) any sums paid by the OGA in respect of the petroleum or the delivery or treatment of the petroleum; and

(b) any expenses incurred by the OGA in connection with the sale.

(2) In this section “petroleum” has the same meaning as in Part I of this Act.

Loans for development

47

(1) Where it appears to the Secretary of State expedient to do so for the purpose of facilitating or maintaining the development of the petroleum resources of the United Kingdom, he may with the approval of the Treasury—

(a) make loans to an oil company on terms determined by him; or

(b) guarantee on such terms the repayment of the principal of and the payment of interest on loans made to an oil company by another person.

(2) The aggregate amount for the time being outstanding in respect of the principal of loans made under subsection (1)(a) shall not exceed £50,000,000.

(3) The aggregate amount of—

(a) the principal sums in respect of which guarantees under subsection (1)(b) are for the time being in force; and

(b) the payments on account of principal sums which have been made by the Secretary of State under such guarantees and not recovered by him,

shall not exceed £600,000,000.

(4) Immediately after making a loan or giving a guarantee under subsection (1), the Secretary of State shall lay a statement relating to it before each House of Parliament.

(5) Where any sum is issued for fulfilling a guarantee given under subsection (1) the Secretary of State shall, as soon as possible after the end of each financial year (beginning with that in which the sum is issued and ending with that in which all liability in respect of the principal of the sum and in respect of interest thereon is finally discharged), lay before each House of Parliament a statement relating to that sum.

(6) In subsection (1) “oil company” means a body corporate which in the opinion of the Secretary of State has as its principal object—

(a) the production of petroleum;

(b) the refining of petroleum;

(d) the supplying of petroleum in a case where any of its other objects is one of those mentioned in paragraphs (a) to (c).

Interpretation

48

(1) In this Act “foreign sector of the continental shelf” means an area within which rights are exercisable with respect to the sea bed and subsoil and their natural resources by a country or territory outside the United Kingdom.

(1A) In this Act “the OGA” means the Oil and Gas Authority.

(2) Any reference in this Act to the commencement of this Act shall be construed as a reference to the commencement of this Act in accordance with section 52(4).

(3) Each of Parts II, III and IV of this Act—

(a) so far as it applies to individuals, applies to them whether or not they are British citizens; and

(b) so far as it applies to bodies corporate, applies to them whether or not they are incorporated under the law of any part of the United Kingdom.

Transitional provisions and savings

49

Schedule 3 (transitional provisions and savings) shall have effect.

Consequential amendments

50

Schedule 4 (consequential amendments) shall have effect.

Repeals and revocations

51

(1) The enactments mentioned in Part I of Schedule 5 (which include certain enactments which are spent) shall be repealed to the extent specified in the third column of that Part of that Schedule.

(2) The instruments mentioned in Part II of that Schedule (which include certain provisions which are spent) shall be revoked to the extent specified in the third column of that Part of that Schedule.

Commencement

52

(1) Section 5(1) to (4) and (11) and this section shall come into force on the passing of this Act.

(2) The provisions mentioned in subsection (3) shall come into force on such day as the Secretary of State may by order appoint, and different days may be appointed for different provisions or different purposes.

(3) The provisions referred to in subsection (2) are—

in Schedule 4, paragraphs 8, 10, 11, 13, 34 and 40; and

in Schedule 5, the repeals of—

the Employment (Continental Shelf) Act 1978;

section 287(5) of the Trade Union and Labour Relations (Consolidation) Act 1992; and

section 201(5) of the Employment Rights Act 1996.

(4) Subject to subsections (1) and (2), this Act shall come into force on such day as the Secretary of State may by order appoint.

(5) Orders under this section shall be made by statutory instrument.

Short title and extent

53

(1) This Act may be cited as the Petroleum Act 1998.

(2) This Act, except for sections 7 and 8, extends to Northern Ireland.

SCHEDULE 1

1

The model clauses (other than the model clause entitled “Right to search and bore for and get petroleum”) set out in Parts I and III of Schedule 2 to the Petroleum (Production) Regulations 1935 as amended by the Petroleum (Production) (Amendment) Regulations 1954 and the Petroleum (Production) (Amendment) Regulations 1957 (mining licences).

2

The model clauses (other than model clause 2) set out in Schedule 2 to the Petroleum (Production) (Continental Shelf and Territorial Sea) Regulations 1964 (production licences for areas in controlled waters).

3

The model clauses (other than model clause 2) set out in Schedule 3 to the Petroleum (Production) Regulations 1966 (production licences for landward areas).

4

The model clauses (other than model clause 2) set out in Schedule 4 to the Petroleum (Production) Regulations 1966 (production licences for seaward areas).

5

The model clauses (other than model clause 2) set out in Schedule 4 to the Petroleum (Production) Regulations 1966 as amended by the Petroleum (Production) (Amendment) Regulations 1971 (production licences for seaward areas).

6

The model clauses (other than model clause 2) set out in Part II of Schedule 2 to the Petroleum and Submarine Pipe-lines Act 1975 (production licences for seaward areas).

7

The model clauses (other than model clause 2) set out in Schedule 4 to the Petroleum (Production) Regulations 1976 (production licences for landward areas).

8

The model clauses (other than model clause 2) set out in Schedule 4 to the Petroleum (Production) Regulations 1976 as amended by the Oil and Gas (Enterprise) Act 1982 (production licences for landward areas).

9

The model clauses (other than model clause 2) set out in Schedule 5 to the Petroleum (Production) Regulations 1976 (production licences for seaward areas).

10

11

The model clauses (other than model clause 2) set out in Schedule 5 to the Petroleum (Production) Regulations 1976 as amended by the Petroleum (Production) (Amendment) Regulations 1978 and the Petroleum (Production) (Amendment) Regulations 1980 (production licences for seaward areas).

12

The model clauses (other than model clause 2) set out in Schedule 5 to the Petroleum (Production) Regulations 1976 as amended by the Petroleum (Production) (Amendment) Regulations 1978, the Petroleum (Production) (Amendment) Regulations 1980 and the Oil and Gas (Enterprise) Act 1982 (production licences for seaward areas).

13

The model clauses (other than model clause 2) set out in Schedule 4 to the Petroleum (Production) Regulations 1982 (production licences for landward areas).

14

The model clauses (other than model clause 2) set out in Schedule 5 to the Petroleum (Production) Regulations 1982 (production licences for seaward areas).

15

The model clauses (other than model clause 2) set out in Schedule 5 to the Petroleum (Production) Regulations 1982 as amended by the Petroleum Act 1987 (production licences for seaward areas).

16

The model clauses (other than model clause 2) set out in Schedule 8 to the Petroleum (Production) Regulations 1982 (methane drainage licences).

17

The model clauses (other than model clause 2) set out in Schedule 5 to the Petroleum (Production) (Landward Areas) Regulations 1984 as amended by the Petroleum Act 1987 (development licences).

18

The model clauses (other than model clause 2) set out in Schedule 4 to the Petroleum (Production) (Seaward Areas) Regulations 1988 (production licences for seaward areas).

19

The model clauses (other than model clause 2) set out in Schedule 4 to the Petroleum (Production) (Seaward Areas) Regulations 1988 as amended by the Offshore Safety Act 1992 (production licences for seaward areas).

20

The model clauses (other than model clause 2) set out in Schedule 4 to the Petroleum (Production) (Seaward Areas) Regulations 1988 as amended by the Offshore Safety Act 1992 and the Petroleum (Production) (Seaward Areas) (Amendment) Regulations 1995 (production licences for seaward areas).

21

The model clauses (other than model clause 2) set out in Schedule 4 to the Petroleum (Production) (Seaward Areas) Regulations 1988 as amended by the Offshore Safety Act 1992, the Petroleum (Production) (Seaward Areas) (Amendment) Regulations 1995 and the Petroleum (Production) (Seaward Areas) (Amendment) Regulations 1996 (production licences for seaward areas).

22

The model clauses (other than model clause 2) set out in Schedule 5 to the Petroleum (Production) (Seaward Areas) Regulations 1988 (exploration licences for seaward areas and landward areas below the low water line).

23

The model clauses (other than model clause 2) set out in Schedule 5 to the Petroleum (Production) (Seaward Areas) Regulations 1988 as amended by the Offshore Safety Act 1992 (exploration licences for seaward areas and landward areas below the low water line).

24

The model clauses (other than model clause 2) set out in Schedule 5 to the Petroleum (Production) (Seaward Areas) Regulations 1988 as amended by the Offshore Safety Act 1992 and the Petroleum (Production) (Seaward Areas) (Amendment) Regulations 1995 (exploration licences for seaward areas and landward areas below the low water line).

25

The model clauses (other than model clause 2) set out in Schedule 3 to the Petroleum (Production) (Landward Areas) Regulations 1991 (exploration licences for landward areas).

26

The model clauses (other than model clause 2) set out in Schedule 5 to the Petroleum (Production) (Landward Areas) Regulations 1991 (appraisal licences for landward areas).

27

The model clauses (other than model clause 2) set out in Schedule 6 to the Petroleum (Production) (Landward Areas) Regulations 1991 (development licences for landward areas).

SCHEDULE 2

Part I — Works authorisations

1

(1) The Secretary of State may by regulations make provision as to—

(a) the manner in which an application for a works authorisation is to be made; and

(b) the information to be included in or provided in connection with an application.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A statutory instrument containing regulations under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.

2

The OGA shall, on receiving an application for a works authorisation—

(a) decide whether the application is to be considered further or rejected; and

(b) serve notice of its decision on the applicant and—

(i) in the case of a decision that the application is to be considered further, shall give the applicant such directions with respect to the application as the OGA considers appropriate for the purposes of paragraph 3; and

(ii) in the case of a decision to reject the application, shall include in the notice a statement of the reasons for the decision except any reason which in the opinion of the OGA it would be against the national interest to state.

3

Where the OGA serves on an applicant notice under paragraph 2 that the application is to be considered further, the applicant shall—

(a) publish, in such manner as the OGA directs, a notice which—

(i) contains such particulars of the application as the OGA directs; and

(ii) states that representations with respect to the application may be made in writing to the OGA within the period of 28 days beginning with the date on which the notice is first published in accordance with this paragraph or within such longer period beginning with that date as is specified in the notice in accordance with a direction of the OGA; and

(iii) states where the map mentioned in sub-paragraph (b) may be inspected during the period specified in the notice under paragraph (ii);

(b) secure that a map of such scale and containing such particulars as the OGA directs is available for inspection by the public free of charge from 10 a.m. to 4 p.m. on each weekday during the period so specified; and

and the OGA shall defer its further consideration of the application until it is satisfied that the applicant has complied with this paragraph.

4

(1) Subject to sub-paragraph (1A), this paragraph applies where the OGA decides that an application for a works authorisation is to be considered further and is of the opinion, either on its own initiative (except in relation to the purpose mentioned in paragraph 6(b)) or in consequence of representations made to it by the applicant or any other person,—

(a) that the route proposed for the pipeline or part of it in the application ought to be altered in a particular manner for any of the purposes mentioned in paragraph 6; or

(b) that the capacity proposed for the pipeline or part of it in the application ought to be increased for any of the purposes mentioned in paragraph 6(b) or (d).

(1A) This paragraph does not apply to the extent that the powers conferred by regulation 7 of the Storage of Carbon Dioxide (Access to Infrastructure) Regulations 2011 are exercisable in relation to the matters mentioned in sub-paragraph (1)(a) or (b).

(2) Where this paragraph applies, the OGA shall, before deciding whether to issue an authorisation in consequence of the application, serve notice of its opinion—

(a) on the applicant; and

(b) where the opinion relates to an alteration of the route proposed for the pipeline or part of it on—

(i) any persons whom the OGA considers are likely to be affected by the alteration; or

(ii) any person appearing to the OGA to represent such persons.

(3) In any notice of its opinion served under this paragraph the OGA shall state the reasons for its opinion except any reason which it considers that it would be against the national interest to state.

5

(1) Where under paragraph 4 the OGA serves on the applicant notice of its opinion it shall give him an opportunity of being heard with respect to the opinion; and where the applicant is heard the OGA may give such other persons, if any, as it thinks fit an opportunity to be heard at the hearing.

(2) Where under paragraph 4 the OGA serves on any person other than the applicant notice of its opinion, it shall state in the notice that representations in writing with respect to the opinion may be made to the OGA within a period specified in the notice.

6

The purposes referred to in paragraph 4(1) are—

(a) the purpose of avoiding or reducing danger to navigation, to persons engaged in and vessels and equipment used for fishing, to some structure or apparatus (which may be the pipeline) or to marine flora or fauna;

(b) the purpose of facilitating the use of the pipeline by persons other than the applicant where it appears to the OGA that such persons desire to use the pipeline;

(d) any other purpose which the OGA considers proper.

7

Where the OGA—

(a) is satisfied that an applicant for a works authorisation has complied with paragraph 3; and

(b) has considered any representations relating to the application which were made to the OGA—

(i) within the period specified in the notice published in respect of the application under paragraph 3(a);

(ii) at a hearing held under paragraph 5(1); and

(iii) in accordance with a notice served by the OGA in respect of the application under paragraph 5(2),

it shall decide whether to issue an authorisation in consequence of the application.

8

(1) Where the OGA decides not to issue a works authorisation in consequence of an application it shall serve on—

(a) the applicant; and

(b) each person on whom a copy of notice of the application was required to be served under paragraph 3(c),

a notice stating the decision and, in the case of the notice served on the applicant, stating also the reasons for the decision except any reason which the OGA considers that it would be against the national interest to state.

(2) Where the OGA decides to issue a works authorisation in consequence of an application it shall—

(a) serve notice of the decision on—

(i) the applicant;

(ii) each person mentioned in sub-paragraph (1)(b); and

(iii) any other person who made representations as mentioned in paragraph 7(b)(ii) or (iii); and

(b) publish a copy of the notice in such manner as it considers appropriate.

9

(1) Sub-paragraphs (2) and (3) apply where the OGA issues a works authorisation.

(2) The OGA shall serve on the persons on whom notice in respect of the authorisation was required to be served by paragraph 8(2)(a)(ii) and (iii) a notice stating that the authorisation has been issued and containing—

(a) the name and address of the person to whom it was issued;

(b) such particulars as the OGA considers appropriate of—

(i) the route of the pipeline;

(ii) its authorised capacity;

(iii) the things authorised to be conveyed by it; and

(iv) the persons authorised to use it; and

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

Part II — Other authorisations

10

Where the OGA issues an authorisation other than a works authorisation, it shall publish, in such manner as it considers appropriate, a notice stating that the authorisation has been issued and containing—

(a) the name and address of the person to whom it was issued;

(b) such particulars as the OGA considers appropriate of—

(i) the route and capacity of the relevant pipeline;

(ii) the things authorised to be conveyed by it; and

(iii) the persons authorised to use it; and

SCHEDULE 3

Part I — General

1

(1) The repeal (or revocation) and re-enactment of provisions in this Act does not affect the continuity of the law.

(2) Any subordinate legislation made or other thing done, or having effect as if made or done, under or for the purposes of any provision repealed, or revoked, and re-enacted by this Act shall, if in force or effective immediately before the commencement of the corresponding provision of this Act, have effect thereafter as if made or done under or for the purposes of that corresponding provision.

(3) Any reference (express or implied) in this Act or any other enactment or in any instrument or document—

(a) to any provision of this Act, or

(b) to things done or falling to be done under or for the purposes of any provision of this Act,

shall (so far as the context permits) be construed as including, in relation to times, circumstances or purposes in relation to which the corresponding provision repealed, or revoked, by this Act had effect, a reference—

(i) to that corresponding provision, or

(ii) to things done or falling to be done under or for the purposes of that corresponding provision,

as the case may be.

(4) Any reference (express or implied) in any enactment or in any instrument or document—

(a) to any provision repealed, or revoked, and re-enacted by this Act, or

(b) to things done or falling to be done under or for the purposes of any such provision,

shall (so far as the context permits) be construed as including, in relation to times, circumstances or purposes in relation to which the corresponding provision of this Act has effect, a reference—

(i) to that corresponding provision, or

(ii) to things done or falling to be done under or for the purposes of that corresponding provision,

as the case may be.

(5) Without prejudice to the generality of sub-paragraph (4), where a power conferred by an Act is expressed to be exercisable in relation to enactments contained in Acts passed before or in the same Session as the Act conferring the power, the power is also exercisable in relation to provisions of this Act which reproduce such enactments.

(6) Sub-paragraphs (1) to (5) have effect instead of section 17(2) of the Interpretation Act 1978 (but are without prejudice to any other provision of that Act).

2

The repeal by this Act of an enactment previously repealed subject to savings does not affect the continued operation of those savings.

Part II — Specific provisions

Property in petroleum

3

The repeal by this Act of section 1(1) of the Petroleum (Production) Act 1934 does not affect the vesting in Her Majesty of property in petroleum which is so vested immediately before the commencement of this Act.

Existing licences

4

Nothing in section 2 or 3 shall be taken to prejudice any right conferred by any licence granted under section 2 of the Petroleum (Production) Act 1934 which is in force immediately before the commencement of this Act so long as the licence remains in force.

5

(1) Nothing in this Act affects the validity of the licence granted on 26th March 1923 under the Petroleum (Production) Act 1918 to the Duke of Devonshire relating to an area near Hardstoft in the county of Derbyshire.

(2) Without prejudice to the generality of paragraph 1(2), that licence shall, if in force immediately before the commencement of this Act, have effect as if granted under this Act.

(3) So long as that licence remains in force, section 2 shall not apply to petroleum which at the commencement of the Petroleum (Production) Act 1934 might lawfully be got under that licence.

6

(1) Where, immediately before the commencement of this Act—

(a) a person is exercising a function of a kind mentioned in clause 22 of the clauses set out in Part II of Schedule 2, or Part II of Schedule 3, to the Petroleum and Submarine Pipe-lines Act 1975 in connection with a licence granted under section 2 of the Petroleum (Production) Act 1934; and

(b) by virtue of section 19(6) of the Petroleum and Submarine Pipe-lines Act 1975, he is deemed to be approved by the Secretary of State as respects that function in connection with that licence,

he shall continue to be deemed to be so approved.

(2) Any act or omission which occurred at a time before a licence was altered by virtue of section 18 of the Petroleum and Submarine Pipe-lines Act 1975 shall not be treated as contravening the provisions of the licence as so altered or as authorising the revocation of the licence if at that time it did not contravene the provisions of the licence or authorise the revocation of it.

7

Without prejudice to paragraph 1, any reference in any enactment to a licence under the Petroleum (Production) Act 1934 (or under section 2 of that Act) shall (except where the context otherwise requires) include a reference to a licence granted, or treated as granted, under section 3 of this Act.

8

(1) In relation to any time after the commencement of this Act, section 1 of the Petroleum Royalties (Relief) Act 1983 and sections 1 and 2 of the Petroleum Royalties (Relief) and Continental Shelf Act 1989 shall have effect as if each reference (whether direct or indirect) in any of those provisions to model clauses set out in—

(a) the Petroleum and Submarine Pipe-lines Act 1975; or

(b) regulations made under section 6 of the Petroleum (Production) Act 1934,

were a reference to the corresponding model clauses set out in the order under section 5.

(2) This paragraph is without prejudice to the generality of section 5(10).

Submarine pipelines: safety regulations etc.

9

Any reference in—

(a) section 20 to Part III of this Act; or

(b) section 22 or 23 to regulations made under Part III of this Act,

includes a reference to regulations made under section 26 of the Petroleum and Submarine Pipe-lines Act 1975 which are in force immediately before the commencement of this Act.

10

Without prejudice to the generality of paragraph 2, the repeal of Part III of the Petroleum and Submarine Pipe-lines Act 1975 shall not affect any instrument to the extent that, immediately before the commencement of this Act, it applies section 26 of the Petroleum and Submarine Pipe-lines Act 1975.

11

(1) The substitution by this Act of paragraph (b) of section 1(3) of the Offshore Safety Act 1992 and the repeal by this Act of the reference in paragraph (c) of that provision to section 11(2)(a) of the Petroleum Act 1987 so far as relating to safety requirements shall not affect the power conferred by section 1(2)(b) of that Act of 1992.

(2) The substitution by this Act of paragraph (b) of Article 3(3) of the Offshore, and Pipelines, Safety (Northern Ireland) Order 1992 and the repeal by this Act of the reference in paragraph (c) of that provision to section 11(2)(a) of the Petroleum Act 1987 so far as relating to safety requirements shall not affect the power conferred by Article 3(2)(b) of that Order.

Submarine pipelines: authorisations granted before 1st October 1982

12

Where, immediately before the commencement of this Act, an authorisation granted before 1st October 1982 under Part III of the Petroleum and Submarine Pipe-lines Act 1975 is in force in relation to any pipeline, that pipeline shall not be regarded for the purposes of section 18(6) to (8) or 19(1) as comprising any such associated apparatus as is mentioned in section 26(1)(b).

Fatal Accidents Act 1976: deaths before 1st September 1976

13

The reference in section 23(2)(a) to the Fatal Accidents Act 1976 includes a reference to the Fatal Accidents Act 1846.

SCHEDULE 4

The Mining Industry Act 1926 (c. 28)

1

At the end of section 23 of the Mining Industry Act 1926 (facilities to be given to National Environment Research Council) there shall be added—

(6) In subsection (1) above, the expression “minerals” includes petroleum within the meaning of Part I of the Petroleum Act 1998.

The Continental Shelf Act 1964 (c. 29)

2

(1) The Continental Shelf Act 1964 shall be amended as follows.

(2) In section 1 (exploration and exploitation of continental shelf), subsection (3) and, in subsection (8), the words from “and “petroleum”” to the end shall be omitted.

(3) In ... section 7 (radioactive substances) for “section 23 of the Oil and Gas (Enterprise) Act 1982” there shall be substituted “ section 11 of the Petroleum Act 1998 ”.

(4) At the end of section 8 (submarine cables and pipe-lines) there shall be added—

(1A) It is hereby declared that the reference in subsection (1) of this section to pipe-lines under the high seas includes pipe-lines under the territorial sea adjacent to the United Kingdom.

The Miscellaneous Financial Provisions Act 1968 (c. 75)

3

In section 2 of the Miscellaneous Financial Provisions Act 1968 (Northern Ireland and Isle of Man shares of revenue from continental shelf), in subsection (5) for the words following “under” there shall be substituted “ section 3 of the Petroleum Act 1998 by virtue of subsection (2)(b) of that section ”.

The Prevention of Oil Pollution Act 1971 (c. 60)

4

For section 23 of the Prevention of Oil Pollution Act 1971 there shall be substituted—

(23) The Secretary of State may exempt any discharge of, or of a mixture containing, oil from any of the provisions of this Act or of any regulations made thereunder, either absolutely or subject to such conditions as he thinks fit.

The Finance Act 1973 (c. 51)

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Offshore Petroleum Development (Scotland) Act 1975 (c. 8)

6

In section 20 of the Offshore Petroleum Development (Scotland) Act 1975 (short title, interpretation and extent), in the definition of “petroleum” in subsection (2), for “the Petroleum (Production) Act 1934” there shall be substituted “ Part I of the Petroleum Act 1998 ”.

The Oil Taxation Act 1975 (c. 22)

7

(1) The Oil Taxation Act 1975 shall be amended as follows.

(2) In section 1 (petroleum revenue tax), in subsection (1) for “the Petroleum (Production) Act 1934” there shall be substituted “ Part I of the Petroleum Act 1998 ”.

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.