Energy Act 2008

(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

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

• (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

• (c) in paragraph (6) after “Subject to paragraphs” insert “ (5A) to (5D), ”.

• (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

• (c) in paragraph (6) after “Subject to paragraphs” insert “ (5A) to (5D), ”.

• (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

• (c) in paragraph (6) after “Subject to paragraphs” insert “ (5A) to (5D), ”.

• (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

• (c) in paragraph (6) after “Subject to paragraphs” insert “ (5A) to (5D), ”.

• (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—

(41HA) (1) The Secretary of State may by order amend this Part so as to provide— (a) for one or more activities within subsection (3) to be added to the activities which are licensable activities, or (b) where an order has previously been made under paragraph (a) in relation to an activity, for the activity to cease to be a licensable activity. (2) For the purposes of this Part activities are licensable activities if undertaking them without the authority of a licence or exemption constitutes an offence under section 5(1). (3) The activities within this subsection are activities connected with the provision, installation or operation of relevant meters, including the provision or installation of infrastructure, or the provision of services, in connection with the communication of information by or to such meters. (4) In this section— (a) “relevant meter” means a meter of a kind prescribed by the order; (b) a reference to a meter includes a reference to a visual display unit, or any other device, associated with or ancillary to a meter. (5) An order under this section may make consequential, transitional, incidental or supplementary provision, including— (a) amendments (or repeals) in any provision of this Act or any other enactment; (b) in the case of an order under subsection (1)(a), provision determining the conditions which are to be standard conditions for the purposes of licences authorising the undertaking of the activities; (c) provision modifying any standard conditions of licences. (6) Without prejudice to the generality of subsections (1) and (5), an order under this section may also make provision— (a) for licences to authorise the holder to carry out the licensable activities in any area, or only in an area specified in the licence; (b) enabling the terms of the licence to be modified so as to extend or restrict the area in which the licence holder may carry on the licensable activities; (c) specifying that a licence, and any modification of a licence, must be in writing; (d) for a licence, if not previously revoked, to continue in force for such period as may be specified in or determined by or under the licence; (e) conferring functions on the Secretary of State or the Authority. (7) An order under this section may provide that it is to remain in force only for the period specified in the order. (41HB) (1) Before making an order under section 41HA, the Secretary of State must consult— (a) the Authority, and (b) such other persons as the Secretary of State thinks appropriate. (2) The power to make such an order may not be exercised after the end of the period of 5 years beginning with the day on which section 41HA comes into force. (3) An order under section 41HA may not be made unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament. (4) Subsections (1) to (3) of section 47 apply in relation to orders under section 41HA as they apply in relation to regulations under this Part. (41HC) (1) The Secretary of State may by regulations make provision for a determination on a competitive basis of the person to whom a licence in respect of new licensable activities is to be granted. (2) In this section “new licensable activities” means one or more activities which are the subject of an order under section 41HA(1)(a). (3) The regulations may— (a) provide for the determination to be made by the Secretary of State or the Authority; (b) provide, in prescribed cases, for the publication of a proposal to grant a licence in respect of the new licensable activities; (c) provide for the inclusion in such a proposal of an invitation to apply for such a licence; (d) impose conditions in relation to the making of an application for a licence; (e) impose restrictions in relation to persons who may apply for a licence; (f) impose requirements as to the period within which applications must be made; (g) make provision for regulating the manner in which applications are to be considered or determined; (h) authorise or require the Secretary of State or the Authority, when determining to whom a licence is to be granted, to have regard to the person's suitability for being granted both the licence and an electricity licence; (i) confer on the Authority or the Secretary of State functions in connection with tender exercises. (4) The regulations may also include provision— (a) enabling the Secretary of State or the Authority to require prescribed persons, in relation to a tender exercise, to make payments, in the form and manner prescribed, in respect of tender costs; (b) about the effect on a person's participation in the tender exercise of a failure to comply with a requirement imposed by virtue of paragraph (a), and the circumstances in which the tender exercise is to stop as a result of such a failure. (5) In this section— - “electricity licence” means a licence for an activity to which an order under section 56FA(1)(a) of the Electricity Act 1989 applies; - “prescribed” means prescribed in or determined under regulations under this section; - “tender costs”, in relation to a tender exercise, means any costs incurred or likely to be incurred by the Authority or the Secretary of State for the purposes of the exercise; - “tender exercise” means the steps taken in accordance with regulations with a view to determining to whom a particular licence is to be granted. (6) Any sums received by the Secretary of State or the Authority under regulations made by virtue of this section are to be paid into the Consolidated Fund.

Part 2 — Electricity

2

After section 56F of the Electricity Act 1989 (c. 29) insert—

(56FA) (1) The Secretary of State may by order amend this Part so as to provide— (a) for one or more activities within subsection (3) to be added to the activities which are licensable activities, or (b) where an order has previously been made under paragraph (a) in relation to an activity, for the activity to cease to be a licensable activity. (2) For the purposes of this Part activities are licensable activities if undertaking them without the authority of a licence or exemption constitutes an offence under section 4(1). (3) The activities within this subsection are activities connected with the provision, installation or operation of relevant meters, including the provision or installation of infrastructure, or the provision of services, in connection with the communication of information by or to such meters. (4) In this section— (a) “relevant meter” means a meter of a kind prescribed by the order; (b) a reference to a meter includes a reference to a visual display unit, or any other device, associated with or ancillary to a meter. (5) An order under this section may make consequential, transitional, incidental or supplementary provision, including— (a) amendments (or repeals) in any provision of this Act or any other enactment; (b) in the case of an order under subsection (1)(a), provision determining the conditions which are to be standard conditions for the purposes of licences authorising the undertaking of the activities; (c) provision modifying any standard conditions of licences. (6) Without prejudice to the generality of subsections (1) and (5), an order under this section may also make provision— (a) for licences to authorise the holder to carry out the licensable activities in any area, or only in an area specified in the licence; (b) enabling the terms of the licence to be modified so as to extend or restrict the area in which the licence holder may carry on the licensable activities; (c) specifying that a licence, and any modification of a licence, must be in writing; (d) for a licence, if not previously revoked, to continue in force for such period as may be specified in or determined by or under the licence; (e) conferring functions on the Secretary of State or the Authority. (7) An order under this section may provide that it is to remain in force only for the period specified in the order. (56FB) (1) Before making an order under section 56FA, the Secretary of State must consult— (a) the Authority, and (b) such other persons as the Secretary of State thinks appropriate. (2) The power to make such an order may not be exercised after the end of the period of 5 years beginning with the day on which section 56FA comes into force. (3) An order under section 56FA may not be made unless a draft of the statutory instrument containing it has been laid before, and approved by resolution of, each House of Parliament. (4) Section 60 applies in relation to an order under this section as it applies in relation to regulations under this Part. (56FC) (1) The Secretary of State may by regulations make provision for a determination on a competitive basis of the person to whom a licence in respect of new licensable activities is to be granted. (2) In this section “new licensable activities” means one or more activities which are the subject of an order under section 56FA(1)(a). (3) The regulations may— (a) provide for the determination to be made by the Secretary of State or the Authority; (b) provide, in prescribed cases, for the publication of a proposal to grant a licence in respect of the new licensable activities; (c) provide for the inclusion in such a proposal of an invitation to apply for such a licence; (d) impose conditions in relation to the making of an application for a licence; (e) impose restrictions in relation to persons who may apply for a licence; (f) impose requirements as to the period within which applications must be made; (g) make provision for regulating the manner in which applications are to be considered or determined; (h) authorise or require the Secretary of State or the Authority, when determining to whom a licence is to be granted, to have regard to the person's suitability for being granted both the licence and a gas licence; (i) confer on the Authority or the Secretary of State functions in connection with tender exercises. (4) The regulations may also include provision— (a) enabling the Secretary of State or the Authority to require prescribed persons, in relation to a tender exercise, to make payments, in the form and manner prescribed, in respect of tender costs; (b) about the effect on a person's participation in the tender exercise of a failure to comply with a requirement imposed by virtue of paragraph (a), and the circumstances in which the tender exercise is to stop as a result of such a failure. (5) In this section— - “gas licence” means a licence for an activity to which an order under section 41HA of the Gas Act 1986 applies; - “prescribed” means prescribed in or determined under regulations under this section; - “tender costs”, in relation to a tender exercise, means any costs incurred or likely to be incurred by the Authority or the Secretary of State for the purposes of the exercise; - “tender exercise” means the steps taken in accordance with regulations with a view to determining to whom a particular licence is to be granted. (6) Any sums received by the Secretary of State or the Authority under regulations made by virtue of this section are to be paid into the Consolidated Fund.

SCHEDULE 5

Pipe-lines Act 1962 (c. 58)

1

In section 54 of the Pipe-lines Act 1962 (offences by corporations), in subsection (1) after “any of the provisions of this Act” insert “ (other than section 10H) ”.

Gas Act 1986 (c. 44)

2

In section 64(2) of the Gas Act 1986 (orders) after “41C” insert “ , 41HA, ”.

Electricity Act 1989 (c. 29)

3

In section 25 of the Electricity Act 1989 (orders for securing compliance), in subsection (8), in the definition of “relevant requirement” for “sections 32 to 32C” substitute “ sections 32 to 32M ”.

4

In section 47 of that Act (general functions of the Authority)—

• (a) in subsection (1A) after “microgeneration” insert “ or small-scale low-carbon generation ”, and

• (b) for subsection (1B) substitute—

(1B) In subsection (1A)— - “microgeneration” has the same meaning as in the Climate Change and Sustainable Energy Act 2006; - “small-scale low-carbon generation” has the same meaning as in section 41 of the Energy Act 2008.

5

In section 106 of that Act (regulations and orders), after subsection (1) insert—

(1A) Any power of the Scottish Ministers to make orders under section 32 is exercisable by statutory instrument.

6

In section 106(2)(b) of that Act (regulations and orders) for “or 56A” substitute “ , 56A or 56FA ”.

Petroleum Act 1998 (c. 17)

7

The Petroleum Act 1998 is amended as follows.

8

In section 5(9) (alteration of licences) for “an instrument under seal” substitute “ deed ”.

9

In section 31(1) (notices: supplementary provision) omit “(d) or”.

10

In section 34 (revision of programmes)—

• (a) in subsection (2)(a), after “(b)” insert “ (ba), ”, and

• (b) in subsection (3) omit “(d) or”.

11

In section 45 (interpretation), in the definition of “submarine pipeline” after “which is” insert “ , or is intended to be established, ”.

Utilities Act 2000 (c. 27)

12

The Utilities Act 2000 is amended as follows.

13