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Energy Act 2008

Type Public General Act

Publication 2008-11-26

Last updated 2025-06-19

State In force

Department Statute Law Database

Source legislation.gov.uk

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(4) The provision which may be made by virtue of subsection (2)(b) or (c) includes provision modifying any provision made by or under an Act or an Act of the Scottish Parliament (whenever passed or made).

Parliamentary control of subordinate legislation

105

(1) A statutory instrument containing an Order in Council, order or regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.

(2) Subsection (1) does not apply to—

(a) an order which contains, or regulations which contain, (whether alone or together with other provision) provision made under—

(i) section 13 (importation and storage of combustible gas: inspectors),

(ii) section 27 (carbon dioxide storage: inspectors),

(iii) section 41(6) (feed-in tariffs for small-scale electricity generation),

(iv) section 45(6)(a) (power to specify matters as designated technical matters),

(v) section 62(1) (power to apply Chapter 1 of Part 3 to other nuclear installations), or

(va) section 82N (power to make regulations in relation to persons appointed as inspectors etc),

(vb) section 82P (power to extend application of Part 4A),

(vi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ab) regulations which contain (whether alone or together with other provision) affirmative resolution provision made under section 100 (renewable heat incentives);

(b) an order, regulations or Order in Council which contains (whether alone or together with other provision) provision which, by virtue of section 43(3)(b), 86(3), 90(3), 104(4), 107(2)(a) or 109(3)(a) modifies an Act or an Act of the Scottish Parliament;

(3) No order, regulations or recommendation to make an Order in Council, within subsection (2)(a) , (ab) or (b), may be made unless a draft of the order, regulations or Order in Council has been laid before, and approved by a resolution of, each House of Parliament.

(3A) Provision made under section 100 is affirmative resolution provision if—

(a) the provision is made under any of the powers which always attract the affirmative resolution procedure, or

(b) the provision—

(i) is not made under any of those powers, and

(ii) meets condition A, B, C or D.

(3B) The powers which always attract the affirmative resolution procedure are the powers conferred by—

(a) section 100(2)(c), (e), (f), (g), (h) and (k),

(b) section 100(5), and

(3C) Provision meets condition A if—

(a) it is made under the power conferred by section 100(2)(bb), and

(b) it requires a designated fossil fuel supplier to make a payment under an RHI scheme.

(3D) Provision meets condition B if—

(a) it confers an administration function on a person who is not the Secretary of State or the Authority, and

(b) the time when the provision comes into force will be the first time that an administration function under the RHI scheme concerned is exercisable by a person who is not the Secretary of State or the Authority.

(3E) Provision meets condition C if—

(a) it is made under a power conferred by paragraph (ba) or (bb)(ii) of section 100(2),

(b) it is made in relation to an RHI scheme that was in existence immediately before the coming into force of this subsection, and

(3F) Provision meets condition D if—

(a) it is made under a power conferred by paragraph (a), (b), (ba), (bb), (d) or (j) of section 100(2),

(b) it is made in relation to an RHI scheme that was not in existence immediately before the coming into force of this subsection, and

(3G) In deciding whether provision meets condition B, the following matters must be ignored—

(a) for the purposes of subsection (3D)(a): any provision which confers a payment function on designated fossil fuel suppliers;

(b) for the purposes of subsection (3D)(b): any payment function under the RHI scheme concerned which (before the time when the provision comes into force) is, or has been, exercisable by designated fossil fuel suppliers.

(3H) The fact that provision is to some extent made under a power conferred by section 100(1), (1A) or (1B) does not prevent that provision from being taken (for the purposes of subsections (3A) to (3F)) as being made under any other power conferred by section 100.

(3I) In subsections (3B) to (3H) and this subsection—

“ administration function ” means a function relating to the administration of an RHI scheme;

“ designated fossil fuel suppliers ” has the same meaning as in section 100;

“ payment function ” means a function of making a payment under an RHI scheme (whether the function authorises or requires the making of the payment);

“ RHI scheme ” means a scheme under section 100 to facilitate and encourage renewable generation of heat.

(4) In the case of a statutory instrument containing an order or regulations made by the Scottish Ministers, this section has effect as if—

(a) in subsection (1) the reference to either House of Parliament were a reference to the Scottish Parliament,

(b) in subsection (2)(b) for “107(2)(a)” there were substituted “ 107(3)(a) ”, and

Interpretation

106

In this Act—

“functions” includes powers and duties;

“modify” includes amend, add to, revoke or repeal (and references to “modifications” are to be construed accordingly);

“territorial sea” means the territorial sea adjacent to the United Kingdom.

Minor and consequential amendments

107

(1) Schedule 5 contains minor and consequential amendments.

(2) The Secretary of State may by order make such modifications of—

(a) an Act, or Act of the Scottish Parliament, passed before the end of the session in which this Act was passed, or

(b) an instrument made before the end of that session,

as the Secretary of State considers appropriate in consequence of this Act.

(3) The Scottish Ministers may by order make such modifications of—

(a) an Act, or Act of the Scottish Parliament, passed before the end of the session in which this Act was passed, or

(b) an instrument made before the end of that session,

as the Scottish Ministers consider appropriate in consequence of Chapter 3 of Part 1 of this Act as that Chapter applies in relation to the territorial sea adjacent to Scotland (within the meaning of that Chapter) or in relation to functions of the Scottish Ministers.

Repeals

108

Schedule 6 contains repeals (including repeals of spent provisions).

Transitional provision etc

109

(1) The Secretary of State may by order make any transitional, transitory or saving provision which appears appropriate in consequence of, or otherwise in connection with, this Act.

(2) The Scottish Ministers may by order make any transitional, transitory or saving provision which appears appropriate in consequence of, or otherwise in connection with, Chapter 3 of Part 1 of this Act as that Chapter applies in relation to the territorial sea adjacent to Scotland (within the meaning of that Chapter) or in relation to functions of the Scottish Ministers.

(3) The provision which may be made by virtue of subsection (1) or (2) includes provision modifying any provision made by—

(a) an Act, or Act of the Scottish Parliament, passed before the end of the session in which this Act was passed, or

(b) an instrument made before the end of that session.

(4) Provision made under this section is additional, and without prejudice, to that made by or under any other provision of this Act.

Commencement

110

(1) The following provisions come into force on the day on which this Act is passed—

(a) section 37, so far as is necessary for enabling the exercise on or after that day of any power to make an order that is conferred by virtue of that section, and section 38(1);

(b) sections 88 to 91 (and sections 104 and 105 in so far as those sections apply in relation to orders made under section 90(3)) and Schedule 4;

(d) this section and sections 106, 111, 112 and 113;

(e) paragraph 5 of Schedule 5 (and section 107(1) so far as it relates to that paragraph).

(2) Subject to that, the provisions of this Act come into force on such day as may be appointed by order of the Secretary of State.

(3) An order under this section may—

(a) include incidental, supplementary and consequential provision;

(b) make transitory or transitional provisions or savings;

Financial provisions

111

The following are to be paid out of money provided by Parliament—

(a) any expenditure incurred by the Secretary of State by virtue of this Act;

(b) any expenditure incurred by the Gas and Electricity Markets Authority by virtue of this Act;

Extent

112

(1) Subject to subsections (2) to (5), this Act extends to England and Wales, Scotland and Northern Ireland.

(2) The following provisions extend to England and Wales and Scotland only—

(a) section 38 (renewables obligation: supplemental provision);

(b) sections 41 to 43 (feed-in tariffs for small-scale electricity generation);

(d) sections 84 to 86 (power to amend licence conditions: transmission systems);

(e) sections 88 to 90 (smart meters);

(f) sections 92 to 97 (gas and electricity meters);

(g) section 99 (electricity safety);

(h) section 100 (renewable heat incentives);

(i) section 102 (general duties of Authority and Secretary of State).

(3) Chapter 1 of Part 3 ...(nuclear decommissioning) extends to England and Wales and Northern Ireland only.

(4) Section 40(2) to (4) (the Northern Ireland renewables obligation) extend to Northern Ireland only.

(5) An amendment or repeal contained in this Act has the same extent as the enactment or relevant part of the enactment to which the amendment or repeal relates.

Short title

113

This Act may be cited as the Energy Act 2008.

SCHEDULE 1

Food and Environment Protection Act 1985 (c. 48)

1

The Food and Environment Protection Act 1985 is amended as follows.

2

In section 7A (regulation of deposits made in the sea: exclusion of certain oil and gas activities)—

(a) the existing provision becomes subsection (1), and

(b) after that subsection insert—

(2) Nothing in this Part of this Act applies to anything done in the course of carrying on an activity for which a licence under section 4 or 18 of the Energy Act 2008 is required (gas unloading, storage and recovery, and carbon dioxide storage). (3) For this purpose, activities are to be regarded as activities for which such a licence is required if, by virtue of such a licence, they are activities which may be carried on only with the consent of the Secretary of State or another person. (4) Subsection (2) does not apply in relation to anything done in the course of carrying out an activity for which a licence under section 4 of the Energy Act 2008 is required in, under or over— (a) the territorial sea adjacent to Scotland, Wales or Northern Ireland, or (b) waters in a Gas Importation and Storage Zone which are United Kingdom controlled waters adjacent to Scotland. (5) Subsection (2) does not apply in relation to anything done in, under or over the territorial sea adjacent to Wales or Northern Ireland in the course of carrying on an activity for which a licence under section 18 of the Energy Act 2008 is required.

3

In section 24 (interpretation)—

(a) in subsection (1), after the definition of “Convention State” insert—

“Gas Importation and Storage Zone” has the meaning given by section 1 of the Energy Act 2008;

, and

(b) after subsection (2) insert—

(2A) An order or Order in Council made under or by virtue of section 158(3) or (4) of the Government of Wales Act 2006 (apportionment of sea areas) has effect for the purposes of Part 2 of this Act if, or to the extent that, the order or Order in Council is expressed to apply— (a) by virtue of this subsection, for the purposes of Part 2 of this Act, or (b) if no provision has been made by virtue of paragraph (a), for the general or residual purposes of that Act.

Petroleum Act 1987 (c. 12)

4

(1) Section 21 of the Petroleum Act 1987 (automatic establishment of safety zones) is amended as follows.

(2) In subsection (2)—

(a) after paragraph (a) insert—

(aa) the exploration of any place in, under or over such waters with a view to the storage of gas in such a place; (ab) the conversion of any place in, under or over such waters for the purpose of storing gas;

(b) in paragraph (b), for “in or under the shore or bed of” substitute “ in, under or over ”,

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

, and

(d) in paragraph (d) for “paragraph (a), (b) or (c)” substitute “ any of paragraphs (a) to (c) ”.

(3) After subsection (7) insert—

(8) In this section “gas” means gas within the meaning of section 2(4) of the Energy Act 2008.

Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I.2))

5

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

Petroleum Act 1998 (c. 17)

6

The Petroleum Act 1998 is amended as follows.

7

In section 11 (application of civil law)—

(a) in subsection (1), after “Order in Council” insert “ , subject to subsection (4A) ”,

(b) in subsection (3), after paragraph (a) insert—

(aa) the exploration of any place in, under or over such waters with a view to the storage of gas in such a place; (ab) the conversion of any place in, under or over waters to which this section applies for the purpose of storing gas;

(d) after that paragraph insert—

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

(e) in paragraph (d) of that subsection, for “paragraph (a), (b) or (c)” substitute “ any of paragraphs (a) to (c) ”,

(f) after that subsection insert—

(3A) In subsection (3) references (in whatever form) to storing gas include storing gas with a view to its permanent disposal.

(g) after subsection (4) insert—

(4A) An Order in Council may not make provision under subsection (1) in relation to questions arising out of acts or omissions taking place in connection with any activity carried on in, under or over relevant Scottish waters with a view to, or in connection with, the storage of carbon dioxide. (4B) In subsection (4A)— (a) “relevant Scottish waters” means tidal waters, and parts of the sea, in or adjacent to Scotland up to the seaward limits of the territorial sea, and (b) references to the storage of carbon dioxide do not include the use of carbon dioxide for a purpose ancillary to getting petroleum (within the meaning of section 1).

, and

(h) after subsection (8) insert—

(9) In this section “gas” means— (a) gas within the meaning of section 2(4) of the Energy Act 2008, or (b) carbon dioxide.

8

In section 13 (interpretation of Part 2), after the existing provision (which becomes subsection (1)) insert—

(2) An Order in Council under section 126(2) of the Scotland Act 1998 (apportionment of sea areas) has effect for the purposes of this Part if, or to the extent that, the Order is expressed to apply— (a) by virtue of this subsection, for the purposes of this Part, or (b) if no provision has been made by virtue of paragraph (a), for the general or residual purposes of that Act.

9

In section 28 (interpretation of Part 3), in the definition of “gas”—

(a) in paragraph (a), for “or carbon monoxide” substitute “ , carbon monoxide or a substance designated under paragraph (e) of the definition of “gas” in section 2(4) of the Energy Act 2008 ”,

(b) in paragraph (b) for “gases” substitute “ substances ”, and

10

In section 30 (persons who may be required to submit programmes)—

(a) for subsection (5)(a) substitute—

(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) in subsection (6), for paragraph (a) substitute—

(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);

, and

11

In section 44 (offshore installations)—

(a) in subsection (3), after paragraph (a) insert—

(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) in paragraph (b) of that subsection, for “in or under the shore or bed of” substitute “ in, under or over ”,

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

(d) in paragraph (d) of that subsection, for “paragraph (a), (b) or (c)” substitute “ any of paragraphs (a) to (c) ”, and

(e) in subsection (5), after “section—” insert—

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

12

In section 47A (factors for the Secretary of State to take into account when performing functions under the Petroleum Act 1998)—

(a) in subsection (1), after paragraph (a) insert—

(aa) activities which are authorised by a licence under Chapter 2 or 3 of Part 1 of the Energy Act 2008 (gas importation and storage);

(b) in paragraph (b) of that subsection for “such activities” substitute “ activities within paragraph (a) or (aa) ”, and

(2A) For the purposes of subsection (1)(aa), activities are to be regarded as activities authorised by a licence under Chapter 2 or 3 of Part 1 of the Energy Act 2008 if, by virtue of such a licence, they are activities which may be carried on only with the consent of the Secretary of State or another person.

Energy Act 2004 (c. 20)

13

In section 188 of the Energy Act 2004 (power to impose charges to fund energy functions)—

(a) in subsection (7), after paragraph (l) insert—

(m) Chapter 2 of Part 1 of the Energy Act 2008.

(b) in that subsection, after paragraph (m) (inserted by paragraph (a)) insert—

(n) Chapter 3 of Part 1 of the Energy Act 2008.

(da) any activity for which a licence under Chapter 2 of Part 1 of the Energy Act 2008 is required;

, and

(d) in that subsection, after paragraph (da) (inserted by paragraph (c)) insert—

(db) any activity for which a licence under Chapter 3 of Part 1 of the Energy Act 2008 is required;

(e) after subsection (11) insert—

(12) This section applies in relation to the Scottish Ministers as it applies in relation to the Secretary of State, and in its application to the Scottish Ministers it is to be read as if for subsections (6) and (7) there were substituted— (6) Regulations under this section must be made by statutory instrument and are subject to annulment in pursuance of a resolution of the Scottish Parliament. (7) Section 192(4) applies in relation to the power of the Scottish Ministers to make regulations under subsection (6) as it applies in relation to an order or regulations made by the Secretary of State or the Treasury. (7A) The references in this section to relevant energy functions are references to the functions of the Scottish Ministers under— (a) Chapter 3 of Part 1 of the Energy Act 2008, or (b) so much of any EU instrument as has effect in connection with— (i) any activity mentioned in subsection (8)(db), or (ii) any activity mentioned in subsection (8)(h) to the extent that the activity is carried on in connection with an activity mentioned in subsection (8)(db). and as if the reference in subsection (11) to the Consolidated Fund were a reference to the Scottish Consolidated Fund.

SCHEDULE 2

SCHEDULE 3

Part 1 — Petroleum (Production) (Landward Areas) Regulations 1995

1

(1) Schedule 3 to the Petroleum (Production) (Landward Areas) Regulations 1995 (S.I. 1995/1436) is amended as follows.

(2) After clause 8 (consequences of determination or surrender) insert—

(8A) (1) A notice, direction or other document authorised or required (in whatever terms) to be given to the Licensee by virtue of this licence is treated as given to the Licensee if it is given to the person specified by the Licensee under paragraph (2) at the address so specified. (2) The Licensee must supply the Minister with the name and address of a person to whom notices, directions and other documents are to be given. (3) The Licensee must ensure that, where there is a change in the person to whom, or the address to which, documents should be sent in accordance with paragraph (2), the Minister is notified of the change as soon as is reasonably practicable. (4) If the Licensee fails to comply with paragraph (2) the Minister may give the Licensee a notice which— (a) requires the Licensee to comply with paragraph (2) within the period of one month beginning with the date of the notice, and (b) states that, if the Licensee fails to do so, the Licensee will be treated as having supplied under paragraph (2) the name and address specified by the Minister in the notice.

(3) In clause 17 (abandonment and plugging of wells)—

(a) in paragraph (2) for “The” substitute “ Subject to paragraph (5B), the ”,

(b) after paragraph (5) insert—

(5A) The Minister may at any time give the Licensee a notice requiring a well drilled pursuant to this licence to be plugged and abandoned in accordance with paragraph (5) within the period specified in the notice (but this paragraph is subject to paragraphs (5C) and (5D)). (5B) The Licensee shall comply with any notice under paragraph (5A). (5C) A notice under paragraph (5A) may not be given less than one month before the expiry or determination of the Licensee's rights under this licence in relation to the area, or the part of the area, in which the well is drilled. (5D) A notice under paragraph (5A) may be given only in relation to a well from which the Licensee has not extracted any petroleum within the period of one month ending with the day on which the notice is given.

, and

(c) in paragraph (6) after “the Minister” (in the first place) insert “ , or in accordance with a notice under paragraph (5A), ”.

(4) In clause 38(4) (power of revocation: change of control) after “when this licence was granted” insert “ (or, if there has been an assignment or assignation of rights conferred by this licence, when those rights were assigned to the Licensee) ”.

(5) After clause 38 insert—

(38A) (1) This clause applies in a case where two or more persons are the Licensee and— (a) an event mentioned in clause 38(2)(c), (d), (e) or (g) occurs in relation to one of those persons, or (b) the conditions specified in clause 38(3) are satisfied in relation to one of those persons. (2) Where this clause applies, the Minister may exercise the power of revocation in clause 38 to revoke the licence in so far as it applies to the person mentioned in paragraph (1)(a) or (b). (3) If the Minister exercises the power in paragraph (2), the rights granted to the person under this licence cease, but without prejudice to any obligation or liability incurred by the person or imposed under the terms and conditions of this licence. (4) Where this licence is revoked in relation to one person under this clause, it continues to have effect in respect of the other person who constitutes, or persons who together constitute, the Licensee and in relation to whom it is not revoked.

Part 2 — Petroleum (Current Model Clauses) Order 1999

2

This Part of this Schedule contains amendments to the Petroleum (Current Model Clauses) Order 1999 (S.I. 1999/160).

3

(1) Part 2 of Schedule 2 (seaward production licences) is amended as follows.

(2) After clause 7 (area surrendered) insert—

(7A) (1) A notice, direction or other document authorised or required (in whatever terms) to be given to the Licensee by virtue of this licence is treated as given to the Licensee if it is given to the person specified by the Licensee under paragraph (2) at the address so specified. (2) The Licensee must supply the Minister with the name and address of a person to whom notices, directions and other documents are to be given. (3) The Licensee must ensure that, where there is a change in the person to whom, or the address to which, information should be sent in accordance with paragraph (2), the Minister is notified of the change as soon as is reasonably practicable. (4) If the Licensee fails to comply with paragraph (2) the Minister may give the Licensee a notice which— (a) requires the Licensee to comply with paragraph (2) within the period of one month beginning with the date of the notice, and (b) states that, if the Licensee fails to do so, the Licensee will be treated as having supplied under paragraph (2) the name and address specified by the Minister in the notice.

(3) In clause 17 (abandonment and plugging of wells)—

(a) in paragraph (2) for “The” substitute “ Subject to paragraph (5B), the ”,

(b) after paragraph (5) insert—

(5A) The Minister may at any time give the Licensee a notice requiring a well drilled pursuant to this licence to be plugged and abandoned in accordance with paragraph (5) within the period specified in the notice (but this paragraph is subject to paragraphs (5C) and (5D)). (5B) The Licensee shall comply with any notice under paragraph (5A). (5C) A notice under paragraph (5A) may not be given less than one month before the expiry or determination of the Licensee's rights under this licence in relation to the area, or the part of the area, in which the well is drilled. (5D) A notice under paragraph (5A) may be given only in relation to a well from which the Licensee has not extracted any petroleum within the period of one month ending with the day on which the notice is given.

, and

(c) in paragraph (6) after “the Minister” (in the first place) insert “ , or in accordance with a notice under paragraph (5A), ”.

(4) In clause 39(4) (power of revocation: change of control) after “when this licence was granted” insert “ (or, if there has been an assignment or assignation of rights conferred by this licence, when those rights were assigned to the Licensee) ”.

(5) After clause 39 insert—

(39A) (1) This clause applies in a case where two or more persons are the Licensee and— (a) an event mentioned in clause 39(2)(c), (d), (e) or (g) occurs in relation to one of those persons, or (b) the conditions specified in clause 39(3) are satisfied in relation to one of those persons. (2) Where this clause applies, the Minister may exercise the power of revocation in clause 39 to revoke the licence in so far as it applies to the person mentioned in paragraph (1)(a) or (b). (3) If the Minister exercises the power in paragraph (2), the rights granted to the person under this licence cease, but without prejudice to any obligation or liability incurred by the person or imposed under the terms and conditions of this licence. (4) Where this licence is revoked in relation to one person under this clause, it continues to have effect in respect of the other person who constitutes, or persons who together constitute, the Licensee and in relation to whom it is not revoked.

4

(1) Part 2 of Schedule 3 (landward production licences) is amended as follows.

(2) After clause 7 (areas surrendered) insert—

(7A) (1) A notice, direction or other document authorised or required (in whatever terms) to be given to the Licensee by virtue of this licence is treated as given to the Licensee if it is given to the person specified by the Licensee under paragraph (2) at the address so specified. (2) The Licensee must supply the Minister with the name and address of a person to whom notices, directions and other documents are to be given. (3) The Licensee must ensure that, where there is a change in the person to whom, or the address to which, information should be sent in accordance with paragraph (2), the Minister is notified of the change as soon as is reasonably practicable. (4) If the Licensee fails to comply with paragraph (2) the Minister may give the Licensee a notice which— (a) requires the Licensee to comply with paragraph (2) within the period of one month beginning with the date of the notice, and (b) states that, if the Licensee fails to do so, the Licensee will be treated as having supplied under paragraph (2) the name and address specified by the Minister in the notice.

(3) In clause 17 (abandonment and plugging of wells)—

(a) in paragraph (2) for “The” substitute “ Subject to paragraph (5B), the ”,

(b) after paragraph (5) insert—

(5A) The Minister may at any time give the Licensee a notice requiring a well drilled pursuant to this licence to be plugged and abandoned in accordance with paragraph (5) within the period specified in the notice (but this paragraph is subject to paragraphs (5C) and (5D)). (5B) The Licensee shall comply with any notice under paragraph (5A). (5C) A notice under paragraph (5A) may not be given less than one month before the expiry or determination of the Licensee's rights under this licence in relation to the area, or the part of the area, in which the well is drilled. (5D) A notice under paragraph (5A) may be given only in relation to a well from which the Licensee has not extracted any petroleum within the period of one month ending with the day on which the notice is given.

, and

(c) in paragraph (6) after “the Minister” (in the first place) insert “ , or in accordance with a notice under paragraph (5A), ”.

(4) In clause 37(4) (power of revocation: change of control) after “when this licence was granted” insert “ (or, if there has been an assignment or assignation of rights conferred by this licence, when those rights were assigned to the Licensee) ”.

(5) After clause 37 insert—

(37A) (1) This clause applies in a case where two or more persons are the Licensee and— (a) an event mentioned in clause 37(2)(c), (d), (e) or (g) occurs in relation to one of those persons, or (b) the conditions specified in clause 37(3) are satisfied in relation to one of those persons. (2) Where this clause applies, the Minister may exercise the power of revocation in clause 37 to revoke the licence in so far as it applies to the person mentioned in paragraph (1)(a) or (b). (3) If the Minister exercises the power in paragraph (2), the rights granted to the person under this licence cease, but without prejudice to any obligation or liability incurred by the person or imposed under the terms and conditions of this licence. (4) Where this licence is revoked in relation to one person under this clause, it continues to have effect in respect of the other person who constitutes, or persons who together constitute, the Licensee and in relation to whom it is not revoked

5

(1) Part 2 of Schedule 4 (landward production licences) is amended as follows.

(2) After clause 7 (consequences of determination or surrender by licensee) insert—

(7A) (1) A notice, direction or other document authorised or required (in whatever terms) to be given to the Licensee by virtue of this licence is treated as given to the Licensee if it is given to the person specified by the Licensee under paragraph (2) at the address so specified. (2) The Licensee must supply the Minister with the name and address of a person to whom notices, directions and other documents are to be given. (3) The Licensee must ensure that, where there is a change in the person to whom, or the address to which, information should be sent in accordance with paragraph (2), the Minister is notified of the change as soon as is reasonably practicable. (4) If the Licensee fails to comply with paragraph (2) the Minister may give the Licensee a notice which— (a) requires the Licensee to comply with paragraph (2) within the period of one month beginning with the date of the notice, and (b) states that, if the Licensee fails to do so, the Licensee will be treated as having supplied under paragraph (2) the name and address specified by the Minister in the notice.

(3) In clause 17 (abandonment and plugging of wells)—

(a) in paragraph (2) for “The” substitute “ Subject to paragraph (5B), the ”,

(b) after paragraph (5) insert—

(5A) The Minister may at any time give the Licensee a notice requiring a well drilled pursuant to this licence to be plugged and abandoned in accordance with paragraph (5) within the period specified in the notice (but this paragraph is subject to paragraphs (5C) and (5D)). (5B) The Licensee shall comply with any notice under paragraph (5A). (5C) A notice under paragraph (5A) may not be given less than one month before the expiry or determination of the Licensee's rights under this licence in relation to the area, or the part of the area, in which the well is drilled. (5D) A notice under paragraph (5A) may be given only in relation to a well from which the Licensee has not extracted any petroleum within the period of one month ending with the day on which the notice is given.

, and

(c) in paragraph (6) after “the Minister” (in the first place) insert “ , or in accordance with a notice under paragraph (5A), ”.

(4) In clause 38(4) (power of revocation: change of control) after “when this licence was granted” insert “ (or, if there has been an assignment or assignation of rights conferred by this licence, when those rights were assigned to the Licensee) ”.

(5) After clause 38 insert—

(38A) (1) This clause applies in a case where two or more persons are the Licensee and— (a) an event mentioned in clause 38(2)(c), (d), (e) or (g) occurs in relation to one of those persons, or (b) the conditions specified in clause 38(3) are satisfied in relation to one of those persons. (2) Where this clause applies, the Minister may exercise the power of revocation in clause 38 to revoke the licence in so far as it applies to the person mentioned in paragraph (1)(a) or (b). (3) If the Minister exercises the power in paragraph (2), the rights granted to the person under this licence cease, but without prejudice to any obligation or liability incurred by the person or imposed under the terms and conditions of this licence. (4) Where this licence is revoked in relation to one person under this clause, it continues to have effect in respect of the other person who constitutes, or persons who together constitute, the Licensee and in relation to whom it is not revoked.

6

(1) Part 2 of Schedule 5 (seaward production licences) is amended as follows.

(2) After clause 7 (areas surrendered) insert—

(7A) (1) A notice, direction or other document authorised or required (in whatever terms) to be given to the Licensee by virtue of this licence is treated as given to the Licensee if it is given to the person specified by the Licensee under paragraph (2) at the address so specified. (2) The Licensee must supply the Minister with the name and address of a person to whom notices, directions and other documents are to be given. (3) The Licensee must ensure that, where there is a change in the person to whom, or the address to which, information should be sent in accordance with paragraph (2), the Minister is notified of the change as soon as is reasonably practicable. (4) If the Licensee fails to comply with paragraph (2) the Minister may give the Licensee a notice which— (a) requires the Licensee to comply with paragraph (2) within the period of one month beginning with the date of the notice, and (b) states that, if the Licensee fails to do so, the Licensee will be treated as having supplied under paragraph (2) the name and address specified by the Minister in the notice.

(3) In clause 17 (abandonment and plugging of wells)—

(a) in paragraph (2) for “The” substitute “ Subject to paragraph (5B), the ”,

(b) after paragraph (5) insert—

(5A) The Minister may at any time give the Licensee a notice requiring a well drilled pursuant to this licence to be plugged and abandoned in accordance with paragraph (5) within the period specified in the notice (but this paragraph is subject to paragraphs (5C) and (5D)). (5B) The Licensee shall comply with any notice under paragraph (5A). (5C) A notice under paragraph (5A) may not be given less than one month before the expiry or determination of the Licensee's rights under this licence in relation to the area, or the part of the area, in which the well is drilled. (5D) A notice under paragraph (5A) may be given only in relation to a well from which the Licensee has not extracted any petroleum within the period of one month ending with the day on which the notice is given.

, and

(c) in paragraph (6) after “the Minister” (in the first place) insert “ , or in accordance with a notice under paragraph (5A) ”.

(4) In clause 40(4) (power of revocation: change of control) after “when this licence was granted” insert “ (or, if there has been an assignment or assignation of rights conferred by this licence, when those rights were assigned to the Licensee) ”.

(5) After clause 40 insert—

(40A) (1) This clause applies in a case where two or more persons are the Licensee and— (a) an event mentioned in clause 40(2)(c), (d), (e) or (g) occurs in relation to one of those persons, or (b) the conditions specified in clause 40(3) are satisfied in relation to one of those persons. (2) Where this clause applies, the Minister may exercise the power of revocation in clause 40 to revoke the licence in so far as it applies to the person mentioned in paragraph (1)(a) or (b). (3) If the Minister exercises the power in paragraph (2), the rights granted to the person under this licence cease, but without prejudice to any obligation or liability incurred by the person or imposed under the terms and conditions of this licence. (4) Where this licence is revoked in relation to one person under this clause, it continues to have effect in respect of the other person who constitutes, or persons who together constitute, the Licensee and in relation to whom it is not revoked.

7

(1) Part 2 of Schedule 6 (seaward production licences) is amended as follows.

(2) After clause 6 (areas surrendered) insert—

(6A) (1) A notice, direction or other document authorised or required (in whatever terms) to be given to the Licensee by virtue of this licence is treated as given to the Licensee if it is given to the person specified by the Licensee under paragraph (2) at the address so specified. (2) The Licensee must supply the Minister with the name and address of a person to whom notices, directions and other documents are to be given. (3) The Licensee must ensure that, where there is a change in the person to whom, or the address to which, information should be sent in accordance with paragraph (2), the Minister is notified of the change as soon as is reasonably practicable. (4) If the Licensee fails to comply with paragraph (2) the Minister may give the Licensee a notice which— (a) requires the Licensee to comply with paragraph (2) within the period of one month beginning with the date of the notice, and (b) states that, if the Licensee fails to do so, the Licensee will be treated as having supplied under paragraph (2) the name and address specified by the Minister in the notice.

(3) In clause 16 (abandonment and plugging of wells)—

(a) in paragraph (2) for “The” substitute “ Subject to paragraph (5B), the ”,

(b) after paragraph (5) insert—

(5A) The Minister may at any time give the Licensee a notice requiring a well drilled pursuant to this licence to be plugged and abandoned in accordance with paragraph (5) within the period specified in the notice (but this paragraph is subject to paragraphs (5C) and (5D)). (5B) The Licensee shall comply with any notice under paragraph (5A). (5C) A notice under paragraph (5A) may not be given less than one month before the expiry or determination of the Licensee's rights under this licence in relation to the area, or the part of the area, in which the well is drilled. (5D) A notice under paragraph (5A) may be given only in relation to a well from which the Licensee has not extracted any petroleum within the period of one month ending with the day on which the notice is given.

, and

(c) in paragraph (6) after “the Minister” (in the first place) insert “ , or in accordance with a notice under paragraph (5A), ”.

(4) In clause 39(4) (power of revocation: change of control) after “when this licence was granted” insert “ (or, if there has been an assignment or assignation of rights conferred by this licence, when those rights were assigned to the Licensee) ”.

(5) After clause 39 insert—

(39A) (1) This clause applies in a case where two or more persons are the Licensee and— (a) an event mentioned in clause 39(2)(c), (d), (e) or (g) occurs in relation to one of those persons, or (b) the conditions specified in clause 39(3) are satisfied in relation to one of those persons. (2) Where this clause applies, the Minister may exercise the power of revocation in clause 39 to revoke the licence in so far as it applies to the person mentioned in paragraph (1)(a) or (b). (3) If the Minister exercises the power in paragraph (2), the rights granted to the person under this licence cease, but without prejudice to any obligation or liability incurred by the person or imposed under the terms and conditions of this licence. (4) Where this licence is revoked in relation to one person under this clause, it continues to have effect in respect of the other person who constitutes, or persons who together constitute, the Licensee and in relation to whom it is not revoked.

8

(1) Part 2 of Schedule 8 (landward development licences) is amended as follows.

(2) After clause 6 (consequences of determination or surrender by licensee) insert—

(6A) (1) A notice, direction or other document authorised or required (in whatever terms) to be given to the Licensee by virtue of this licence is treated as given to the Licensee if it is given to the person specified by the Licensee under paragraph (2) at the address so specified. (2) The Licensee must supply the Minister with the name and address of a person to whom notices, directions and other documents are to be given. (3) The Licensee must ensure that, where there is a change in the person to whom, or the address to which, information should be sent in accordance with paragraph (2), the Minister is notified of the change as soon as is reasonably practicable. (4) If the Licensee fails to comply with paragraph (2) the Minister may give the Licensee a notice which— (a) requires the Licensee to comply with paragraph (2) within the period of one month beginning with the date of the notice, and (b) states that, if the Licensee fails to do so, the Licensee will be treated as having supplied under paragraph (2) the name and address specified by the Minister in the notice.

(3) In clause 15 (abandonment and plugging of wells)—

(a) in paragraph (2) for “The” substitute “ Subject to paragraph (5B), the ”,

(b) after paragraph (5) insert—

(5A) The Minister may at any time give the Licensee a notice requiring a well drilled pursuant to this licence to be plugged and abandoned in accordance with paragraph (5) within the period specified in the notice (but this paragraph is subject to paragraphs (5C) and (5D)). (5B) The Licensee shall comply with any notice under paragraph (5A). (5C) A notice under paragraph (5A) may not be given less than one month before the expiry or determination of the Licensee's rights under this licence in relation to the area, or the part of the area, in which the well is drilled. (5D) A notice under paragraph (5A) may be given only in relation to a well from which the Licensee has not extracted any petroleum within the period of one month ending with the day on which the notice is given.

, and

(c) in paragraph (6) after “the Minister” (in the first place) insert “ , or in accordance with a notice under paragraph (5A), ”.

(4) In clause 36(4) (power of revocation: change of control) after “when this licence was granted” insert “ (or, if there has been an assignment or assignation of rights conferred by this licence, when those rights were assigned to the Licensee) ”.

(5) After clause 36 insert—

(36A) (1) This clause applies in a case where two or more persons are the Licensee and— (a) an event mentioned in clause 36(2)(c), (d), (e) or (g) occurs in relation to one of those persons, or (b) the conditions specified in clause 36(3) are satisfied in relation to one of those persons. (2) Where this clause applies, the Minister may exercise the power of revocation in clause 36 to revoke the licence in so far as it applies to the person mentioned in paragraph (1)(a) or (b). (3) If the Minister exercises the power in paragraph (2), the rights granted to the person under this licence cease, but without prejudice to any obligation or liability incurred by the person or imposed under the terms and conditions of this licence. (4) Where this licence is revoked in relation to one person under this clause, it continues to have effect in respect of the other person who constitutes, or persons who together constitute, the Licensee and in relation to whom it is not revoked.

9

(1) Part 2 of Schedule 9 (seaward production licences) is amended as follows.

(2) After clause 8 (areas surrendered) insert—

(8A) (1) A notice, direction or other document authorised or required (in whatever terms) to be given to the Licensee by virtue of this licence is treated as given to the Licensee if it is given to the person specified by the Licensee under paragraph (2) at the address so specified. (2) The Licensee must supply the Minister with the name and address of a person to whom notices, directions and other documents are to be given. (3) The Licensee must ensure that, where there is a change in the person to whom, or the address to which, information should be sent in accordance with paragraph (2), the Minister is notified of the change as soon as is reasonably practicable. (4) If the Licensee fails to comply with paragraph (2) the Minister may give the Licensee a notice which— (a) requires the Licensee to comply with paragraph (2) within the period of one month beginning with the date of the notice, and (b) states that, if the Licensee fails to do so, the Licensee will be treated as having supplied under paragraph (2) the name and address specified by the Minister in the notice.

(3) In clause 19 (abandonment and plugging of wells)—

(a) in paragraph (2) for “The” substitute “ Subject to paragraph (5B), the ”,

(b) after paragraph (5) insert—

(5A) The Minister may at any time give the Licensee a notice requiring a well drilled pursuant to this licence to be plugged and abandoned in accordance with paragraph (5) within the period specified in the notice (but this paragraph is subject to paragraphs (5C) and (5D)). (5B) The Licensee shall comply with any notice under paragraph (5A). (5C) A notice under paragraph (5A) may not be given less than one month before the expiry or determination of the Licensee's rights under this licence in relation to the area, or the part of the area, in which the well is drilled. (5D) A notice under paragraph (5A) may be given only in relation to a well from which the Licensee has not extracted any petroleum within the period of one month ending with the day on which the notice is given.

, and

(c) in paragraph (6) after “the Minister” (in the first place) insert “ , or in accordance with a notice under paragraph (5A), ”.

(4) In clause 42(4) (power of revocation: change of control) after “when this licence was granted” insert “ (or, if there has been an assignment or assignation of rights conferred by this licence, when those rights were assigned to the Licensee) ”.

(5) After clause 42 insert—

(42A) (1) This clause applies in a case where two or more persons are the Licensee and— (a) an event mentioned in clause 42(2)(c), (d), (e) or (g) occurs in relation to one of those persons, or (b) the conditions specified in clause 42(3) are satisfied in relation to one of those persons. (2) Where this clause applies, the Minister may exercise the power of revocation in clause 42 to revoke the licence in so far as it applies to the person mentioned in paragraph (1)(a) or (b). (3) If the Minister exercises the power in paragraph (2), the rights granted to the person under this licence cease, but without prejudice to any obligation or liability incurred by the person or imposed under the terms and conditions of this licence. (4) Where this licence is revoked in relation to one person under this clause, it continues to have effect in respect of the other person who constitutes, or persons who together constitute, the Licensee and in relation to whom it is not revoked.

10

(1) Part 2 of Schedule 10 (seaward production licences) is amended as follows.

(2) After clause 8 (areas surrendered) insert—

(8A) (1) A notice, direction or other document authorised or required (in whatever terms) to be given to the Licensee by virtue of this licence is treated as given to the Licensee if it is given to the person specified by the Licensee under paragraph (2) at the address so specified. (2) The Licensee must supply the Minister with the name and address of a person to whom notices, directions and other documents are to be given. (3) The Licensee must ensure that, where there is a change in the person to whom, or the address to which, information should be sent in accordance with paragraph (2), the Minister is notified of the change as soon as is reasonably practicable. (4) If the Licensee fails to comply with paragraph (2) the Minister may give the Licensee a notice which— (a) requires the Licensee to comply with paragraph (2) within the period of one month beginning with the date of the notice, and (b) states that, if the Licensee fails to do so, the Licensee will be treated as having supplied under paragraph (2) the name and address specified by the Minister in the notice.

(3) In clause 19 (abandonment and plugging of wells)—

(a) in paragraph (2), for “The” substitute “ Subject to paragraph (5B), the ”,

(b) after paragraph (5) insert—

(5A) The Minister may at any time give the Licensee a notice requiring a well drilled pursuant to this licence to be plugged and abandoned in accordance with paragraph (5) within the period specified in the notice (but this paragraph is subject to paragraphs (5C) and (5D)). (5B) The Licensee shall comply with any notice under paragraph (5A). (5C) A notice under paragraph (5A) may not be given less than one month before the expiry or determination of the Licensee's rights under this licence in relation to the area, or the part of the area, in which the well is drilled. (5D) A notice under paragraph (5A) may be given only in relation to a well from which the Licensee has not extracted any petroleum within the period of one month ending with the day on which the notice is given.

, and

(c) in paragraph (6) after “the Minister” (in the first place) insert “ , or in accordance with a notice under paragraph (5A), ”.

(4) In clause 42(4) (power of revocation: change of control) after “when this licence was granted” insert “ (or, if there has been an assignment or assignation of rights conferred by this licence, when those rights were assigned to the Licensee) ”.

(5) After clause 42 insert—

(42A) (1) This clause applies in a case where two or more persons are the Licensee and— (a) an event mentioned in clause 42(2)(c), (d), (e) or (g) occurs in relation to one of those persons, or (b) the conditions specified in clause 42(3) are satisfied in relation to one of those persons. (2) Where this clause applies, the Minister may exercise the power of revocation in clause 42 to revoke the licence in so far as it applies to the person mentioned in paragraph (1)(a) or (b). (3) If the Minister exercises the power in paragraph (2), the rights granted to the person under this licence cease, but without prejudice to any obligation or liability incurred by the person or imposed under the terms and conditions of this licence. (4) Where this licence is revoked in relation to one person under this clause, it continues to have effect in respect of the other person who constitutes, or persons who together constitute, the Licensee and in relation to whom it is not revoked.

11

(1) Part 2 of Schedule 11 (seaward exploration licences) is amended as follows.

(2) After clause 5 (right of licensee to determine licence) insert—

(5A) (1) A notice, direction or other document authorised or required (in whatever terms) to be given to the Licensee by virtue of this licence is treated as given to the Licensee if it is given to the person specified by the Licensee under paragraph (2) at the address so specified. (2) The Licensee must supply the Minister with the name and address of a person to whom notices, directions and other documents are to be given. (3) The Licensee must ensure that, where there is a change in the person to whom, or the address to which, information should be sent in accordance with paragraph (2), the Minister is notified of the change as soon as is reasonably practicable. (4) If the Licensee fails to comply with paragraph (2) the Minister may give the Licensee a notice which— (a) requires the Licensee to comply with paragraph (2) within the period of one month beginning with the date of the notice, and (b) states that, if the Licensee fails to do so, the Licensee will be treated as having supplied under paragraph (2) the name and address specified by the Minister in the notice.

(3) In clause 7 (abandonment and plugging of wells)—

(a) in paragraph (2) for “(5) and” substitute “ (4A) to ”, and

(b) after paragraph (4) insert—

(4A) The Minister may at any time before the expiry or determination of this licence give the Licensee a notice requiring a well drilled pursuant to this licence to be plugged and abandoned within the period specified in the notice (but this paragraph is subject to paragraphs (4C) and (4D)). (4B) The Licensee shall comply with any notice under paragraph (4A). (4C) A notice under paragraph (4A) may not be given less than one month before the expiry or determination of the Licensee's rights under this licence. (4D) A notice under paragraph (4A) may be given only in relation to a well from which the Licensee has not extracted any petroleum within the period of one month ending with the day on which the notice is given.

(4) After clause 21 (power of revocation) insert—

(21A) (1) This clause applies in a case where— (a) two or more persons are the Licensee, and (b) an event mentioned in clause 21(2)(c), (d), (e) or (f) occurs in relation to one of those persons. (2) Where this clause applies, the Minister may exercise the power of revocation in clause 21 to revoke the licence in so far as it applies to the person mentioned in paragraph (1)(b). (3) If the Minister exercises the power in paragraph (2), the rights granted to the person under this licence cease, but without prejudice to any obligation or liability incurred by the person or imposed under the terms and conditions of this licence. (4) Where this licence is revoked in relation to one person under this clause, it continues to have effect in respect of the other person who constitutes, or persons who together constitute, the Licensee and in relation to whom it is not revoked.

12

(1) Part 2 of Schedule 12 (landward exploration licences) is amended as follows.

(2) After clause 6 (automatic termination of licence) insert—

(6A) (1) A notice, direction or other document authorised or required (in whatever terms) to be given to the Licensee by virtue of this licence is treated as given to the Licensee if it is given to the person specified by the Licensee under paragraph (2) at the address so specified. (2) The Licensee must supply the Minister with the name and address of a person to whom notices, directions and other documents are to be given. (3) The Licensee must ensure that, where there is a change in the person to whom, or the address to which, information should be sent in accordance with paragraph (2), the Minister is notified of the change as soon as is reasonably practicable. (4) If the Licensee fails to comply with paragraph (2) the Minister may give the Licensee a notice which— (a) requires the Licensee to comply with paragraph (2) within the period of one month beginning with the date of the notice, and (b) states that, if the Licensee fails to do so, the Licensee will be treated as having supplied under paragraph (2) the name and address specified by the Minister in the notice.

(3) In clause 10 (abandonment and plugging of wells)—

(a) in paragraph (2) for “The” substitute “ Subject to paragraph (5B), the ”,

(b) after paragraph (5) insert—

(5A) The Minister may at any time give the Licensee a notice requiring a well drilled pursuant to this licence to be plugged and abandoned in accordance with paragraph (5), within the period specified in the notice (but this paragraph is subject to paragraphs (5C) and (5D)). (5B) The Licensee shall comply with any notice under paragraph (5A). (5C) A notice under paragraph (5A) may not be given less than one month before the expiry or determination of the Licensee's rights under this licence in relation to the area, or the part of the area, in which the well is drilled. (5D) A notice under paragraph (5A) may be given only in relation to a well from which the Licensee has not extracted any petroleum within the period of one month ending with the day on which the notice is given.

, and

(c) in paragraph (6) after “the Minister” (in the first place) insert “ , or in accordance with a notice under paragraph (5A), ”.

(4) In clause 28(4) (power of revocation: change of control) after “when this licence was granted” insert “ (or, if there has been an assignment or assignation of rights conferred by this licence, when those rights were assigned to the Licensee) ”.

(5) After clause 28 insert—

(28A) (1) This clause applies in a case where two or more persons are the Licensee and— (a) an event mentioned in clause 28(2)(b), (c), (d) or (e) occurs in relation to one of those persons, or (b) the conditions specified in clause 28(3) are satisfied in relation to one of those persons. (2) Where this clause applies, the Minister may exercise the power of revocation in clause 28 to revoke the licence in so far as it applies to the person mentioned in paragraph (1)(a) or (b). (3) If the Minister exercises the power in paragraph (2), the rights granted to the person under this licence cease, but without prejudice to any obligation or liability incurred by the person or imposed under the terms and conditions of this licence. (4) Where this licence is revoked in relation to one person under this clause, it continues to have effect in respect of the other person who constitutes, or persons who together constitute, the Licensee and in relation to whom it is not revoked.

13

(1) Part 2 of Schedule 13 (landward appraisal licences) is amended as follows.

(2) After clause 6 (consequences of determination or surrender by licensee) insert—

(6A) (1) A notice, direction or other document authorised or required (in whatever terms) to be given to the Licensee by virtue of this licence is treated as given to the Licensee if it is given to the person specified by the Licensee under paragraph (2) at the address so specified. (2) The Licensee must supply the Minister with the name and address of a person to whom notices, directions and other documents are to be given. (3) The Licensee must ensure that, where there is a change in the person to whom, or the address to which, information should be sent in accordance with paragraph (2), the Minister is notified of the change as soon as is reasonably practicable. (4) If the Licensee fails to comply with paragraph (2) the Minister may give the Licensee a notice which— (a) requires the Licensee to comply with paragraph (2) within the period of one month beginning with the date of the notice, and (b) states that, if the Licensee fails to do so, the Licensee will be treated as having supplied under paragraph (2) the name and address specified by the Minister in the notice.

(3) In clause 14 (abandonment and plugging of wells)—

(a) in paragraph (2) for “The” substitute “ Subject to paragraph (5B), the ”,

(b) after paragraph (5) insert—

(5A) The Minister may at any time give the Licensee a notice requiring a well drilled pursuant to this licence to be plugged and abandoned in accordance with paragraph (5) within the period specified in the notice (but this paragraph is subject to paragraphs (5C) and (5D)). (5B) The Licensee must comply with any notice under paragraph (5A). (5C) A notice under paragraph (5A) may not be given less than one month before the expiry or determination of the Licensee's rights under this licence in relation to the area, or the part of the area, in which the well is drilled. (5D) A notice under paragraph (5A) may be given only in relation to a well from which the Licensee has not extracted any petroleum within the period of one month ending with the day on which the notice is given.

, and

(4) In clause 33(4) (power of revocation: change of control) after “when this licence was granted” insert “ (or, if there has been an assignment or assignation of rights conferred by this licence, when those rights were assigned to the Licensee) ”.

(5) After clause 33 insert—

(33A) (1) This clause applies in a case where two or more persons are the Licensee and— (a) an event mentioned in clause 33(2)(c), (d), (e) or (f) occurs in relation to one of those persons, or (b) the conditions specified in clause 33(3) are satisfied in relation to one of those persons. (2) Where this clause applies, the Minister may exercise the power of revocation in clause 33 to revoke the licence in so far as it applies to the person mentioned in paragraph (1)(a) or (b). (3) If the Minister exercises the power in paragraph (2), the rights granted to the person under this licence cease, but without prejudice to any obligation or liability incurred by the person or imposed under the terms and conditions of this licence. (4) Where this licence is revoked in relation to one person under this clause, it continues to have effect in respect of the other person who constitutes, or persons who together constitute, the Licensee and in relation to whom it is not revoked.

14

(1) Part 2 of Schedule 14 (landward development licences) is amended as follows.

(2) After clause 6 (consequences of determination or surrender by licensee) insert—

(6A) (1) A notice, direction or other document authorised or required (in whatever terms) to be given to the Licensee by virtue of this licence is treated as given to the Licensee if it is given to the person specified by the Licensee under paragraph (2) at the address so specified. (2) The Licensee must supply the Minister with the name and address of a person to whom notices, directions and other documents are to be given. (3) The Licensee must ensure that, where there is a change in the person to whom, or the address to which, information should be sent in accordance with paragraph (2), the Minister is notified of the change as soon as is reasonably practicable. (4) If the Licensee fails to comply with paragraph (2) the Minister may give the Licensee a notice which— (a) requires the Licensee to comply with paragraph (2) within the period of one month beginning with the date of the notice, and (b) states that, if the Licensee fails to do so, the Licensee will be treated as having supplied under paragraph (2) the name and address specified by the Minister in the notice.

(3) In clause 15 (abandonment and plugging of wells)—

(a) in paragraph (2) for “The” substitute “ Subject to paragraph (5B), the ”,

(b) after paragraph (5) insert—

(5A) The Minister may at any time give the Licensee a notice requiring a well drilled pursuant to this licence to be plugged and abandoned in accordance with paragraph (5) within the period specified in the notice (but this paragraph is subject to paragraphs (5C) and (5D)). (5B) The Licensee shall comply with any notice under paragraph (5A). (5C) A notice under paragraph (5A) may not be given less than one month before the expiry or determination of the Licensee's rights under this licence in relation to the area, or the part of the area, in which the well is drilled. (5D) A notice under paragraph (5A) may be given only in relation to a well from which the Licensee has not extracted any petroleum within the period of one month ending with the day on which the notice is given.

, and

(c) in paragraph (6) after “the Minister” (in the first place) insert “ , or in accordance with a notice under paragraph (5A), ”.

(4) In clause 35(4) (power of revocation: change of control) after “when this licence was granted” insert “ (or, if there has been an assignment or assignation of rights conferred by this licence, when those rights were assigned to the Licensee) ”.

(5) After clause 35 insert—

(35A) (1) This clause applies in a case where two or more persons are the Licensee and— (a) an event mentioned in clause 35(2)(c), (d), (e) or (g) occurs in relation to one of those persons, or (b) the conditions specified in clause 35(3) are satisfied in relation to one of those persons. (2) Where this clause applies, the Minister may exercise the power of revocation in clause 35 to revoke the licence in so far as it applies to the person mentioned in paragraph (1)(a) or (b). (3) If the Minister exercises the power in paragraph (2), the rights granted to the person under this licence cease, but without prejudice to any obligation or liability incurred by the person or imposed under the terms and conditions of this licence. (4) Where this licence is revoked in relation to one person under this clause, it continues to have effect in respect of the other person who constitutes, or persons who together constitute, the Licensee and in relation to whom it is not revoked.

Part 3 — Petroleum Licensing (Exploration and Production) (Seaward and Landward Areas) Regulations 2004

15

This Part of this Schedule amends the Petroleum Licensing (Exploration and Production) (Seaward and Landward Areas) Regulations 2004 (S.I. 2004/352).

16

(1) Schedule 1 (exploration licences) is amended as follows.

(2) After clause 5 (right of licensee to determine licence) insert—

(5A) (1) A notice, direction or other document authorised or required (in whatever terms) to be given to the Licensee by virtue of this licence is treated as given to the Licensee if it is given to the person specified by the Licensee under paragraph (2) at the address so specified. (2) The Licensee must supply the Minister with the name and address of a person to whom notices, directions and other documents are to be given. (3) The Licensee must ensure that, where there is a change in the person to whom, or the address to which, information should be sent in accordance with paragraph (2), the Minister is notified of the change as soon as is reasonably practicable. (4) If the Licensee fails to comply with paragraph (2) the Minister may give the Licensee a notice which— (a) requires the Licensee to comply with paragraph (2) within the period of one month beginning with the date of the notice, and (b) states that, if the Licensee fails to do so, the Licensee will be treated as having supplied under paragraph (2) the name and address specified by the Minister in the notice.

(3) In clause 7 (abandonment and plugging of wells)—

(a) in paragraph (2) for “(5) and” substitute “ (4A) to ”, and

(b) after paragraph (4) insert—

(4A) The Minister may at any time before the expiry or determination of this licence give the Licensee a notice requiring a Well drilled pursuant to this licence to be plugged and abandoned within the period specified in the notice (but this paragraph is subject to paragraphs (4C) and (4D)). (4B) The Licensee shall comply with any notice under paragraph (4A). (4C) A notice under paragraph (4A) may not be given less than one month before the expiry or determination of the Licensee's rights under this licence in relation to the area in which the Well is drilled. (4D) A notice under paragraph (4A) may be given only in relation to a Well from which the Licensee has not extracted any petroleum within the period of one month ending with the day on which the notice is given.

(4) After clause 20 (power of revocation) insert—

(20A) (1) This clause applies in a case where— (a) two or more persons are the Licensee, and (b) an event mentioned in clause 20(2)(c), (d), (e), (ee) or (f) occurs in relation to one of those persons. (2) Where this clause applies, the Minister may exercise the power of revocation in clause 20 to revoke the licence in so far as it applies to the person mentioned in paragraph (1)(b). (3) If the Minister exercises the power in paragraph (2), the rights granted to the person under this licence cease, but without prejudice to any obligation or liability incurred by the person or imposed under the terms and conditions of this licence. (4) Where this licence is revoked in relation to one person under this clause, it continues to have effect in respect of the other person who constitutes, or persons who together constitute, the Licensee and in relation to whom it is not revoked.

17

(1) Schedule 2 (frontier areas: production licences without break clause) is amended as follows.

(2) After clause 9 (areas surrendered) insert—

(9A) (1) A notice, direction or other document authorised or required (in whatever terms) to be given to the Licensee by virtue of this licence is treated as given to the Licensee if it is given to the person specified by the Licensee under paragraph (2) at the address so specified. (2) The Licensee must supply the Minister with the name and address of a person to whom notices, directions and other documents are to be given. (3) The Licensee must ensure that, where there is a change in the person to whom, or the address to which, information should be sent in accordance with paragraph (2), the Minister is notified of the change as soon as is reasonably practicable. (4) If the Licensee fails to comply with paragraph (2) the Minister may give the Licensee a notice which— (a) requires the Licensee to comply with paragraph (2) within the period of one month beginning with the date of the notice, and (b) states that, if the Licensee fails to do so, the Licensee will be treated as having supplied under paragraph (2) the name and address specified by the Minister in the notice.

(3) In clause 16 (abandonment and plugging of wells)—

(a) in paragraph (2) for “The” substitute “ Subject to paragraph (5B), the ”,

(b) after paragraph (5) insert—

(5A) The Minister may at any time give the Licensee a notice requiring a well drilled pursuant to this licence to be plugged and abandoned in accordance with paragraph (5) within the period specified in the notice (but this paragraph is subject to paragraphs (5C) and (5D)). (5B) The Licensee shall comply with any notice under paragraph (5A). (5C) A notice under paragraph (5A) may not be given less than one month before the expiry or determination of the Licensee's rights under this licence in relation to the area, or the part of the area, in which the well is drilled. (5D) A notice under paragraph (5A) may be given only in relation to a well from which the Licensee has not extracted any petroleum within the period of one month ending with the day on which the notice is given.

, and

(4) In clause 38(4) (power of revocation: change of control) after “when this licence was granted” insert “ (or, if there has been an assignment or assignation of rights conferred by this licence, when those rights were assigned to the Licensee) ”.

(5) After clause 38 (power of revocation) insert—

(38A) (1) This clause applies in a case where two or more persons are the Licensee and— (a) an event mentioned in clause 38(2)(c), (d), (e), (ee) or (g) occurs in relation to one of those persons, or (b) the conditions specified in clause 38(3) are satisfied in relation to one of those persons. (2) Where this clause applies, the Minister may exercise the power of revocation in clause 38 to revoke the licence in so far as it applies to the person mentioned in paragraph (1)(a) or (b). (3) If the Minister exercises the power in paragraph (2), the rights granted to the person under this licence cease, but without prejudice to any obligation or liability incurred by the person or imposed under the terms and conditions of this licence. (4) Where this licence is revoked in relation to one person under this clause, it continues to have effect in respect of the other person who constitutes, or persons who together constitute, the Licensee and in relation to whom it is not revoked.

18

(1) Schedule 3 (frontier areas: production licences with break clause) is amended as follows.

(2) After clause 10 (areas surrendered) insert—

(10A) (1) A notice, direction or other document authorised or required (in whatever terms) to be given to the Licensee by virtue of this licence is treated as given to the Licensee if it is given to the person specified by the Licensee under paragraph (2) at the address so specified. (2) The Licensee must supply the Minister with the name and address of a person to whom notices, directions and other documents are to be given. (3) The Licensee must ensure that, where there is a change in the person to whom, or the address to which, information should be sent in accordance with paragraph (2), the Minister is notified of the change as soon as is reasonably practicable. (4) If the Licensee fails to comply with paragraph (2) the Minister may give the Licensee a notice which— (a) requires the Licensee to comply with paragraph (2) within the period of one month beginning with the date of the notice, and (b) states that, if the Licensee fails to do so, the Licensee will be treated as having supplied under paragraph (2) the name and address specified by the Minister in the notice.

(3) In clause 17 (abandonment and plugging of wells)—

(a) in paragraph (2) for “The” substitute “ Subject to paragraph (5B), the ”,

(b) after paragraph (5) insert—

(5A) The Minister may at any time give the Licensee a notice requiring a well drilled pursuant to this licence to be plugged and abandoned in accordance with paragraph (5) within the period specified in the notice (but this paragraph is subject to paragraphs (5C) and (5D)). (5B) The Licensee shall comply with any notice under paragraph (5A). (5C) A notice under paragraph (5A) may not be given less than one month before the expiry or determination of the Licensee's rights under this licence in relation to the area, or the part of the area, in which the well is drilled. (5D) A notice under paragraph (5A) may be given only in relation to a well from which the Licensee has not extracted any petroleum within the period of one month ending with the day on which the notice is given.

, and

(4) In clause 39(4) (power of revocation: change of control) after “when this licence was granted” insert “ (or, if there has been an assignment or assignation of rights conferred by this licence, when those rights were assigned to the Licensee) ”.

(5) After clause 39 (power of revocation) insert—

(39A) (1) This clause applies in a case where two or more persons are the Licensee and— (a) an event mentioned in clause 39(2)(c), (d), (e), (ee) or (g) occurs in relation to one of those persons, or (b) the conditions specified in clause 39(3) are satisfied in relation to one of those persons. (2) Where this clause applies, the Minister may exercise the power of revocation in clause 39 to revoke the licence in so far as it applies to the person mentioned in paragraph (1)(a) or (b). (3) If the Minister exercises the power in paragraph (2), the rights granted to the person under this licence cease, but without prejudice to any obligation or liability incurred by the person or imposed under the terms and conditions of this licence. (4) Where this licence is revoked in relation to one person under this clause, it continues to have effect in respect of the other person who constitutes, or persons who together constitute, the Licensee and in relation to whom it is not revoked.

19

(1) Schedule 4 (production licences for areas other than frontier areas) is amended as follows.

(2) After clause 8 (areas surrendered) insert—

(8A) (1) A notice, direction or other document authorised or required (in whatever terms) to be given to the Licensee by virtue of this licence is treated as given to the Licensee if it is given to the person specified by the Licensee under paragraph (2) at the address so specified. (2) The Licensee must supply the Minister with the name and address of a person to whom notices, directions and other documents are to be given. (3) The Licensee must ensure that, where there is a change in the person to whom, or the address to which, information should be sent in accordance with paragraph (2), the Minister is notified of the change as soon as is reasonably practicable. (4) If the Licensee fails to comply with paragraph (2) the Minister may give the Licensee a notice which— (a) requires the Licensee to comply with paragraph (2) within the period of one month beginning with the date of the notice, and (b) states that, if the Licensee fails to do so, the Licensee will be treated as having supplied under paragraph (2) the name and address specified by the Minister in the notice.

(3) In clause 15 (abandonment and plugging of wells)—

(a) in paragraph (2) for “The” substitute “ Subject to paragraph (5B), the ”,

(b) after paragraph (5) insert—

(5A) The Minister may at any time give the Licensee a notice requiring a well drilled pursuant to this licence to be plugged and abandoned in accordance with paragraph (5) within the period specified in the notice (but this paragraph is subject to paragraphs (5C) and (5D)). (5B) The Licensee shall comply with any notice under paragraph (5A). (5C) A notice under paragraph (5A) may not be given less than one month before the expiry or determination of the Licensee's rights under this licence in relation to the area or the part of the area in which the well is drilled. (5D) A notice under paragraph (5A) may be given only in relation to a well from which the Licensee has not extracted any petroleum within the period of one month ending with the day on which the notice is given.

, and

(4) In clause 37(4) (power of revocation: change of control) after “when this licence was granted” insert “ (or, if there has been an assignment or assignation of rights conferred by this licence, when those rights were assigned to the Licensee) ”.

(5) After clause 37 (power of revocation) insert—

(37A) (1) This clause applies in a case where two or more persons are the Licensee and— (a) an event mentioned in clause 37(2)(c), (d), (e), (ee) or (g) occurs in relation to one of those persons, or (b) the conditions specified in clause 37(3) are satisfied in relation to one of those persons. (2) Where this clause applies, the Minister may exercise the power of revocation in clause 37 to revoke the licence in so far as it applies to the person mentioned in paragraph (1)(a) or (b). (3) If the Minister exercises the power in paragraph (2), the rights granted to the person under this licence cease, but without prejudice to any obligation or liability incurred by the person or imposed under the terms and conditions of this licence. (4) Where this licence is revoked in relation to one person under this clause, it continues to have effect in respect of the other person who constitutes, or persons who together constitute, the Licensee and in relation to whom it is not revoked.

20

(1) Schedule 6 (exploration and development licences) is amended as follows.

(2) After clause 8 (consequences of determination or surrender by licensee) insert—

(8A) (1) A notice, direction or other document authorised or required (in whatever terms) to be given to the Licensee by virtue of this licence is treated as given to the Licensee if it is given to the person specified by the Licensee under paragraph (2) at the address so specified. (2) The Licensee must supply the Minister with the name and address of a person to whom notices, directions and other documents are to be given. (3) The Licensee must ensure that, where there is a change in the person to whom, or the address to which, information should be sent in accordance with paragraph (2), the Minister is notified of the change as soon as is reasonably practicable. (4) If the Licensee fails to comply with paragraph (2) the Minister may give the Licensee a notice which— (a) requires the Licensee to comply with paragraph (2) within the period of one month beginning with the date of the notice, and (b) states that, if the Licensee fails to do so, the Licensee will be treated as having supplied under paragraph (2) the name and address specified by the Minister in the notice.

(3) In clause 15 (abandonment and plugging of wells)—

(a) in paragraph (2) for “The” substitute “ Subject to paragraph (5B), the ”,

(b) after paragraph (5) insert—

(5A) The Minister may at any time give the Licensee a notice requiring a well drilled pursuant to this licence to be plugged and abandoned in accordance with paragraph (5) within the period specified in the notice (but this paragraph is subject to paragraphs (5C) and (5D)). (5B) The Licensee shall comply with any notice under paragraph (5A). (5C) A notice under paragraph (5A) may not be given less than one month before the expiry or determination of the Licensee's rights under this licence in relation to the area, or the part of the area, in which the well is drilled. (5D) A notice under paragraph (5A) may be given only in relation to a well from which the Licensee has not extracted any petroleum within the period of one month ending with the day on which the notice is given.

, and

(4) In clause 36(4) (power of revocation: change of control) after “when this licence was granted” insert “ (or, if there has been an assignment or assignation of rights conferred by this licence, when those rights were assigned to the Licensee) ”.

(5) After clause 36 (power of revocation) insert—

(36A) (1) This clause applies in a case where two or more persons are the Licensee and— (a) an event mentioned in clause 36(2)(c), (d), (e), (ee) or (g) occurs in relation to one of those persons, or (b) the conditions specified in clause 36(3) are satisfied in relation to one of those persons. (2) Where this clause applies, the Minister may exercise the power of revocation in clause 36 to revoke the licence in so far as it applies to the person mentioned in paragraph (1)(a) or (b). (3) If the Minister exercises the power in paragraph (2), the rights granted to the person under this licence cease, but without prejudice to any obligation or liability incurred by the person or imposed under the terms and conditions of this licence. (4) Where this licence is revoked in relation to one person under this clause, it continues to have effect in respect of the other person who constitutes, or persons who together constitute, the Licensee and in relation to whom it is not revoked.

SCHEDULE 4

Part 1 — Gas

1

After section 41H of the Gas Act 1986 (c. 44), insert—

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