Energy Act 2023

(36A) (1) This clause applies if— (a) the Licensee is a company, or (b) where two or more persons are the Licensee, any of those persons is a company, and references in this clause to a company are to such a company. (2) A change in control of a company is not permitted without the consent of the Oil and Gas Authority (“the OGA”). (3) There is a “change in control” of a company if a person takes control of the company, not having previously been a person who controlled the company. (4) If a change in control of a company is contemplated, the company must apply in writing to the OGA for consent at least three months before the date on which it is proposed that the change would occur (if consent were given). (5) The OGA may— (a) consent to the change in control unconditionally, (b) consent to the change in control subject to conditions, or (c) refuse consent to the change in control. (6) If the OGA proposes to grant consent subject to any condition or to refuse consent, the OGA must, before making a final decision— (a) give the company an opportunity to make representations, and (b) consider any representations that are made. (7) The general rule is that the OGA must decide an application within three months of receiving it, but the OGA may delay its decision by notifying the interested parties in writing. (8) Conditions as mentioned in paragraph (5)(b) may be imposed on the person taking control of the company (as well as on the company), and may include— (a) conditions relating to the arrangements for the change in control, including the date by which it must occur, (b) conditions relating to the performance of activities permitted by this licence, and (c) financial conditions. (9) The OGA’s decision on the application, and any conditions as mentioned in paragraph (5)(b), must be notified in writing to the interested parties. (10) In this clause “the interested parties” means— (a) the company, (b) the person who (if consent were granted) would take control of the company, and (c) if the company and another person or persons are the Licensee, that other person or those other persons. (11) For the purposes of this clause, the question of whether a person has control of a company is to be determined in accordance with the test set out in clause 36(3).

12

• (1) Clause 37 (power of revocation) is amended as follows.

• (2) In paragraph (2)—

• (a) after sub-paragraph (i) insert—

(j) if the Licensee is a company, any breach of a condition subject to which the Oil and Gas Authority gave its consent to a change in control of the Licensee (see clause 36A); (k) if the Licensee is a company, any failure to provide full and accurate information in response to a notice given by the Oil and Gas Authority to that company under section 5D of the Act of 1998;

;

• (b) in the closing words, after “(g)” insert “or (j) or (k)”.

• (3) Omit paragraphs (3) to (5).

13

• (1) Clause 37A (power of partial revocation) is amended as follows.

• (2) For paragraph (1) substitute—

(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; (b) an event mentioned in clause 37(2)(b) occurs which consists of a breach of clause 36A(2) or (4) in relation to a change in control of one of those persons; (c) an event mentioned in clause 37(2)(j) occurs in relation to a change in control of one of those persons (see clause 36A); or (d) an event mentioned in clause 37(2)(k) occurs which consists of a failure by one of those persons as mentioned in that provision.

• (3) In paragraph (2), for “or (b)” substitute “, (b), (c) or (d)”.

Part 2 of Schedule 4

14

Part 2 of Schedule 4 (current model clauses for landward production licences deriving from Schedule 4 to the 1976 Regulations or Schedule 4 to the 1982 Regulations) is amended in accordance with paragraphs 15 to 17.

15

After clause 37 insert—

(37A) (1) This clause applies if— (a) the Licensee is a company, or (b) where two or more persons are the Licensee, any of those persons is a company, and references in this clause to a company are to such a company. (2) A change in control of a company is not permitted without the consent of the Oil and Gas Authority (“the OGA”). (3) There is a “change in control” of a company if a person takes control of the company, not having previously been a person who controlled the company. (4) If a change in control of a company is contemplated, the company must apply in writing to the OGA for consent at least three months before the date on which it is proposed that the change would occur (if consent were given). (5) The OGA may— (a) consent to the change in control unconditionally, (b) consent to the change in control subject to conditions, or (c) refuse consent to the change in control. (6) If the OGA proposes to grant consent subject to any condition or to refuse consent, the OGA must, before making a final decision— (a) give the company an opportunity to make representations, and (b) consider any representations that are made. (7) The general rule is that the OGA must decide an application within three months of receiving it, but the OGA may delay its decision by notifying the interested parties in writing. (8) Conditions as mentioned in paragraph (5)(b) may be imposed on the person taking control of the company (as well as on the company), and may include— (a) conditions relating to the arrangements for the change in control, including the date by which it must occur, (b) conditions relating to the performance of activities permitted by this licence, and (c) financial conditions. (9) The OGA’s decision on the application, and any conditions as mentioned in paragraph (5)(b), must be notified in writing to the interested parties. (10) In this clause “the interested parties” means— (a) the company, (b) the person who (if consent were granted) would take control of the company, and (c) if the company and another person or persons are the Licensee, that other person or those other persons. (11) For the purposes of this clause, the question of whether a person has control of a company is to be determined in accordance with the test set out in clause 37(3).

16

• (1) Clause 38 (power of revocation) is amended as follows.

• (2) In paragraph (2)—

• (a) after sub-paragraph (i) insert—

(j) if the Licensee is a company, any breach of a condition subject to which the Oil and Gas Authority gave its consent to a change in control of the Licensee (see clause 37A); (k) if the Licensee is a company, any failure to provide full and accurate information in response to a notice given by the Oil and Gas Authority to that company under section 5D of the Act of 1998;

;

• (b) in the closing words, after “(g)” insert “or (j) or (k)”.

• (3) Omit paragraphs (3) to (5).

17

• (1) Clause 38A (power of partial revocation) is amended as follows.

• (2) For paragraph (1) substitute—

(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; (b) an event mentioned in clause 38(2)(b) occurs which consists of a breach of clause 37A(2) or (4) in relation to a change in control of one of those persons; (c) an event mentioned in clause 38(2)(j) occurs in relation to a change in control of one of those persons (see clause 37A); or (d) an event mentioned in clause 38(2)(k) occurs which consists of a failure by one of those persons as mentioned in that provision.

• (3) In paragraph (2), for “or (b)” substitute “, (b), (c) or (d)”.

Part 2 of Schedule 5

18

Part 2 of Schedule 5 (current model clauses for seaward production licences deriving from Schedule 5 to the 1976 Regulations) is amended in accordance with paragraphs 19 to 21.

19

After clause 39 insert—

(39A) (1) This clause applies if— (a) the Licensee is a company, or (b) where two or more persons are the Licensee, any of those persons is a company, and references in this clause to a company are to such a company. (2) A change in control of a company is not permitted without the consent of the Oil and Gas Authority (“the OGA”). (3) There is a “change in control” of a company if a person takes control of the company, not having previously been a person who controlled the company. (4) If a change in control of a company is contemplated, the company must apply in writing to the OGA for consent at least three months before the date on which it is proposed that the change would occur (if consent were given). (5) The OGA may— (a) consent to the change in control unconditionally, (b) consent to the change in control subject to conditions, or (c) refuse consent to the change in control. (6) If the OGA proposes to grant consent subject to any condition or to refuse consent, the OGA must, before making a final decision— (a) give the company an opportunity to make representations, and (b) consider any representations that are made. (7) The general rule is that the OGA must decide an application within three months of receiving it, but the OGA may delay its decision by notifying the interested parties in writing. (8) Conditions as mentioned in paragraph (5)(b) may be imposed on the person taking control of the company (as well as on the company), and may include— (a) conditions relating to the arrangements for the change in control, including the date by which it must occur, (b) conditions relating to the performance of activities permitted by this licence, and (c) financial conditions. (9) The OGA’s decision on the application, and any conditions as mentioned in paragraph (5)(b), must be notified in writing to the interested parties. (10) In this clause “the interested parties” means— (a) the company, (b) the person who (if consent were granted) would take control of the company, and (c) if the company and another person or persons are the Licensee, that other person or those other persons. (11) For the purposes of this clause, the question of whether a person has control of a company is to be determined in accordance with the test set out in clause 39(4).

20

• (1) Clause 40 (power of revocation) is amended as follows.

• (2) In paragraph (2)—

• (a) after sub-paragraph (i) insert—

(j) if the Licensee is a company, any breach of a condition subject to which the Oil and Gas Authority gave its consent to a change in control of the Licensee (see clause 39A); (k) if the Licensee is a company, any failure to provide full and accurate information in response to a notice given by the Oil and Gas Authority to that company under section 5D of the Act of 1998;

;

• (b) in the closing words, after “(g)” insert “or (j) or (k)”.

• (3) Omit paragraphs (3) to (5).

21

• (1) Clause 40A (power of partial revocation) is amended as follows.

• (2) For paragraph (1) substitute—

(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; (b) an event mentioned in clause 40(2)(b) occurs which consists of a breach of clause 39A(2) or (4) in relation to a change in control of one of those persons; (c) an event mentioned in clause 40(2)(j) occurs in relation to a change in control of one of those persons (see clause 39A); or (d) an event mentioned in clause 40(2)(k) occurs which consists of a failure by one of those persons as mentioned in that provision.

• (3) In paragraph (2), for “or (b)” substitute “, (b), (c) or (d)”.

Part 2 of Schedule 6

22

Part 2 of Schedule 6 (current model clauses for seaward production licences deriving from Schedule 5 to the 1982 Regulations) is amended in accordance with paragraphs 23 to 25.

23

After clause 38 insert—

(38A) (1) This clause applies if— (a) the Licensee is a company, or (b) where two or more persons are the Licensee, any of those persons is a company, and references in this clause to a company are to such a company. (2) A change in control of a company is not permitted without the consent of the Oil and Gas Authority (“the OGA”). (3) There is a “change in control” of a company if a person takes control of the company, not having previously been a person who controlled the company. (4) If a change in control of a company is contemplated, the company must apply in writing to the OGA for consent at least three months before the date on which it is proposed that the change would occur (if consent were given). (5) The OGA may— (a) consent to the change in control unconditionally, (b) consent to the change in control subject to conditions, or (c) refuse consent to the change in control. (6) If the OGA proposes to grant consent subject to any condition or to refuse consent, the OGA must, before making a final decision— (a) give the company an opportunity to make representations, and (b) consider any representations that are made. (7) The general rule is that the OGA must decide an application within three months of receiving it, but the OGA may delay its decision by notifying the interested parties in writing. (8) Conditions as mentioned in paragraph (5)(b) may be imposed on the person taking control of the company (as well as on the company), and may include— (a) conditions relating to the arrangements for the change in control, including the date by which it must occur, (b) conditions relating to the performance of activities permitted by this licence, and (c) financial conditions. (9) The OGA’s decision on the application, and any conditions as mentioned in paragraph (5)(b), must be notified in writing to the interested parties. (10) In this clause “the interested parties” means— (a) the company, (b) the person who (if consent were granted) would take control of the company, and (c) if the company and another person or persons are the Licensee, that other person or those other persons. (11) For the purposes of this clause, the question of whether a person has control of a company is to be determined in accordance with the test set out in clause 38(4).

24

• (1) Clause 39 (power of revocation) is amended as follows.

• (2) In paragraph (2)—

• (a) after sub-paragraph (i) insert—

(j) if the Licensee is a company, any breach of a condition subject to which the Oil and Gas Authority gave its consent to a change in control of the Licensee (see clause 38A); (k) if the Licensee is a company, any failure to provide full and accurate information in response to a notice given by the Oil and Gas Authority to that company under section 5D of the Act of 1998;

;

• (b) in the closing words, after “(g)” insert “or (j) or (k)”.

• (3) Omit paragraphs (3) to (5).

25

• (1) Clause 39A (power of partial revocation) is amended as follows.

• (2) For paragraph (1) substitute—

(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; (b) an event mentioned in clause 39(2)(b) occurs which consists of a breach of clause 38A(2) or (4) in relation to a change in control of one of those persons; (c) an event mentioned in clause 39(2)(j) occurs in relation to a change in control of one of those persons (see clause 38A); or (d) an event mentioned in clause 39(2)(k) occurs which consists of a failure by one of those persons as mentioned in that provision.

• (3) In paragraph (2), for “or (b)” substitute “, (b), (c) or (d)”.

Part 2 of Schedule 8

26

Part 2 of Schedule 8 (current model clauses for landward development licences deriving from Schedule 5 to the 1984 Regulations) is amended in accordance with paragraphs 27 to 29.

27

After clause 35 insert—

(35A) (1) This clause applies if— (a) the Licensee is a company, or (b) where two or more persons are the Licensee, any of those persons is a company, and references in this clause to a company are to such a company. (2) A change in control of a company is not permitted without the consent of the Oil and Gas Authority (“the OGA”). (3) There is a “change in control” of a company if a person takes control of the company, not having previously been a person who controlled the company. (4) If a change in control of a company is contemplated, the company must apply in writing to the OGA for consent at least three months before the date on which it is proposed that the change would occur (if consent were given). (5) The OGA may— (a) consent to the change in control unconditionally, (b) consent to the change in control subject to conditions, or (c) refuse consent to the change in control. (6) If the OGA proposes to grant consent subject to any condition or to refuse consent, the OGA must, before making a final decision— (a) give the company an opportunity to make representations, and (b) consider any representations that are made. (7) The general rule is that the OGA must decide an application within three months of receiving it, but the OGA may delay its decision by notifying the interested parties in writing. (8) Conditions as mentioned in paragraph (5)(b) may be imposed on the person taking control of the company (as well as on the company), and may include— (a) conditions relating to the arrangements for the change in control, including the date by which it must occur, (b) conditions relating to the performance of activities permitted by this licence, and (c) financial conditions. (9) The OGA’s decision on the application, and any conditions as mentioned in paragraph (5)(b), must be notified in writing to the interested parties. (10) In this clause “the interested parties” means— (a) the company, (b) the person who (if consent were granted) would take control of the company, and (c) if the company and another person or persons are the Licensee, that other person or those other persons. (11) For the purposes of this clause, the question of whether a person has control of a company is to be determined in accordance with the test set out in clause 35(3).

28

• (1) Clause 36 (power of revocation) is amended as follows.

• (2) In paragraph (2)—

• (a) after sub-paragraph (i) insert—

(j) if the Licensee is a company, any breach of a condition subject to which the Oil and Gas Authority gave its consent to a change in control of the Licensee (see clause 35A); (k) if the Licensee is a company, any failure to provide full and accurate information in response to a notice given by the Oil and Gas Authority to that company under section 5D of the Act of 1998;

;

• (b) in the closing words, after “(g)” insert “or (j) or (k)”.

• (3) Omit paragraphs (3) to (5).

29

• (1) Clause 36A (power of partial revocation) is amended as follows.

• (2) For paragraph (1) substitute—

(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; (b) an event mentioned in clause 36(2)(b) occurs which consists of a breach of clause 35A(2) or (4) in relation to a change in control of one of those persons; (c) an event mentioned in clause 36(2)(j) occurs in relation to a change in control of one of those persons (see clause 35A); or (d) an event mentioned in clause 36(2)(k) occurs which consists of a failure by one of those persons as mentioned in that provision.

• (3) In paragraph (2), for “or (b)” substitute “, (b), (c) or (d)”.

Part 2 of Schedule 9

30

Part 2 of Schedule 9 (current model clauses for seaward production licences deriving from Schedule 4 to the 1988 Regulations as they had effect before 16 December 1996) is amended in accordance with paragraphs 31 to 33.

31

After clause 41 insert—

(41A) (1) This clause applies if— (a) the Licensee is a company, or (b) where two or more persons are the Licensee, any of those persons is a company, and references in this clause to a company are to such a company. (2) A change in control of a company is not permitted without the consent of the Oil and Gas Authority (“the OGA”). (3) There is a “change in control” of a company if a person takes control of the company, not having previously been a person who controlled the company. (4) If a change in control of a company is contemplated, the company must apply in writing to the OGA for consent at least three months before the date on which it is proposed that the change would occur (if consent were given). (5) The OGA may— (a) consent to the change in control unconditionally, (b) consent to the change in control subject to conditions, or (c) refuse consent to the change in control. (6) If the OGA proposes to grant consent subject to any condition or to refuse consent, the OGA must, before making a final decision— (a) give the company an opportunity to make representations, and (b) consider any representations that are made. (7) The general rule is that the OGA must decide an application within three months of receiving it, but the OGA may delay its decision by notifying the interested parties in writing. (8) Conditions as mentioned in paragraph (5)(b) may be imposed on the person taking control of the company (as well as on the company), and may include— (a) conditions relating to the arrangements for the change in control, including the date by which it must occur, (b) conditions relating to the performance of activities permitted by this licence, and (c) financial conditions. (9) The OGA’s decision on the application, and any conditions as mentioned in paragraph (5)(b), must be notified in writing to the interested parties. (10) In this clause “the interested parties” means— (a) the company, (b) the person who (if consent were granted) would take control of the company, and (c) if the company and another person or persons are the Licensee, that other person or those other persons. (11) For the purposes of this clause, the question of whether a person has control of a company is to be determined in accordance with the test set out in clause 41(4).

32

• (1) Clause 42 (power of revocation) is amended as follows.

• (2) In paragraph (2)—

• (a) after sub-paragraph (i) insert—

(j) if the Licensee is a company, any breach of a condition subject to which the Oil and Gas Authority gave its consent to a change in control of the Licensee (see clause 41A); (k) if the Licensee is a company, any failure to provide full and accurate information in response to a notice given by the Oil and Gas Authority to that company under section 5D of the Act of 1998;

;

• (b) in the closing words, after “(g)” insert “or (j) or (k)”.

• (3) Omit paragraphs (3) to (5).

33

• (1) Clause 42A (power of partial revocation) is amended as follows.

• (2) For paragraph (1) substitute—

(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; (b) an event mentioned in clause 42(2)(b) occurs which consists of a breach of clause 41A(2) or (4) in relation to a change in control of one of those persons; (c) an event mentioned in clause 42(2)(j) occurs in relation to a change in control of one of those persons (see clause 41A); or (d) an event mentioned in clause 42(2)(k) occurs which consists of a failure by one of those persons as mentioned in that provision.

• (3) In paragraph (2), for “or (b)” substitute “, (b), (c) or (d)”.

Part 2 of Schedule 10

34

Part 2 of Schedule 10 (current model clauses for seaward production licences deriving from Schedule 4 to the 1988 Regulations as they had effect on and after 16 December 1996) is amended in accordance with paragraphs 35 to 37.

35

After clause 41 insert—

(41A) (1) This clause applies if— (a) the Licensee is a company, or (b) where two or more persons are the Licensee, any of those persons is a company, and references in this clause to a company are to such a company. (2) A change in control of a company is not permitted without the consent of the Oil and Gas Authority (“the OGA”). (3) There is a “change in control” of a company if a person takes control of the company, not having previously been a person who controlled the company. (4) If a change in control of a company is contemplated, the company must apply in writing to the OGA for consent at least three months before the date on which it is proposed that the change would occur (if consent were given). (5) The OGA may— (a) consent to the change in control unconditionally, (b) consent to the change in control subject to conditions, or (c) refuse consent to the change in control. (6) If the OGA proposes to grant consent subject to any condition or to refuse consent, the OGA must, before making a final decision— (a) give the company an opportunity to make representations, and (b) consider any representations that are made. (7) The general rule is that the OGA must decide an application within three months of receiving it, but the OGA may delay its decision by notifying the interested parties in writing. (8) Conditions as mentioned in paragraph (5)(b) may be imposed on the person taking control of the company (as well as on the company), and may include— (a) conditions relating to the arrangements for the change in control, including the date by which it must occur, (b) conditions relating to the performance of activities permitted by this licence, and (c) financial conditions. (9) The OGA’s decision on the application, and any conditions as mentioned in paragraph (5)(b), must be notified in writing to the interested parties. (10) In this clause “the interested parties” means— (a) the company, (b) the person who (if consent were granted) would take control of the company, and (c) if the company and another person or persons are the Licensee, that other person or those other persons. (11) For the purposes of this clause, the question of whether a person has control of a company is to be determined in accordance with the test set out in clause 41(4).

36

• (1) Clause 42 (power of revocation) is amended as follows.

• (2) In paragraph (2)—

• (a) after sub-paragraph (i) insert—

(j) if the Licensee is a company, any breach of a condition subject to which the Oil and Gas Authority gave its consent to a change in control of the Licensee (see clause 41A); (k) if the Licensee is a company, any failure to provide full and accurate information in response to a notice given by the Oil and Gas Authority to that company under section 5D of the Act of 1998;

;

• (b) in the closing words, after “(g)” insert “or (j) or (k)”.

• (3) Omit paragraphs (3) to (5).

37

• (1) Clause 42A (power of partial revocation) is amended as follows.

• (2) For paragraph (1) substitute—

(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; (b) an event mentioned in clause 42(2)(b) occurs which consists of a breach of clause 41A(2) or (4) in relation to a change in control of one of those persons; (c) an event mentioned in clause 42(2)(j) occurs in relation to a change in control of one of those persons (see clause 41A); or (d) an event mentioned in clause 42(2)(k) occurs which consists of a failure by one of those persons as mentioned in that provision.

• (3) In paragraph (2), for “or (b)” substitute “, (b), (c) or (d)”.

Part 2 of Schedule 13

38

Part 2 of Schedule 13 (current model clauses for landward appraisal licences deriving from Schedule 5 to the 1991 Regulations) is amended in accordance with paragraphs 39 to 41.

39

After clause 32 insert—

(32A) (1) This clause applies if— (a) the Licensee is a company, or (b) where two or more persons are the Licensee, any of those persons is a company, and references in this clause to a company are to such a company. (2) A change in control of a company is not permitted without the consent of the Oil and Gas Authority (“the OGA”). (3) There is a “change in control” of a company if a person takes control of the company, not having previously been a person who controlled the company. (4) If a change in control of a company is contemplated, the company must apply in writing to the OGA for consent at least three months before the date on which it is proposed that the change would occur (if consent were given). (5) The OGA may— (a) consent to the change in control unconditionally, (b) consent to the change in control subject to conditions, or (c) refuse consent to the change in control. (6) If the OGA proposes to grant consent subject to any condition or to refuse consent, the OGA must, before making a final decision— (a) give the company an opportunity to make representations, and (b) consider any representations that are made. (7) The general rule is that the OGA must decide an application within three months of receiving it, but the OGA may delay its decision by notifying the interested parties in writing. (8) Conditions as mentioned in paragraph (5)(b) may be imposed on the person taking control of the company (as well as on the company), and may include— (a) conditions relating to the arrangements for the change in control, including the date by which it must occur, (b) conditions relating to the performance of activities permitted by this licence, and (c) financial conditions. (9) The OGA’s decision on the application, and any conditions as mentioned in paragraph (5)(b), must be notified in writing to the interested parties. (10) In this clause “the interested parties” means— (a) the company, (b) the person who (if consent were granted) would take control of the company, and (c) if the company and another person or persons are the Licensee, that other person or those other persons. (11) For the purposes of this clause, the question of whether a person has control of a company is to be determined in accordance with the test set out in clause 32(3).

40

• (1) Clause 33 (power of revocation) is amended as follows.

• (2) In paragraph (2)—

• (a) after sub-paragraph (h) insert—

(i) if the Licensee is a company, any breach of a condition subject to which the Oil and Gas Authority gave its consent to a change in control of the Licensee (see clause 32A); (j) if the Licensee is a company, any failure to provide full and accurate information in response to a notice given by the Oil and Gas Authority to that company under section 5D of the Petroleum Act 1998;

;

• (b) in the closing words, after “(f)” insert “or (i) or (j)”.

• (3) Omit paragraphs (3) to (5).

41

• (1) Clause 33A (power of partial revocation) is amended as follows.

• (2) For paragraph (1) substitute—

(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; (b) an event mentioned in clause 33(2)(b) occurs which consists of a breach of clause 32A(2) or (4) in relation to a change in control of one of those persons; (c) an event mentioned in clause 33(2)(i) occurs in relation to a change in control of one of those persons (see clause 32A); or (d) an event mentioned in clause 33(2)(j) occurs which consists of a failure by one of those persons as mentioned in that provision.

• (3) In paragraph (2), for “or (b)” substitute “, (b), (c) or (d)”.

Part 2 of Schedule 14

42

Part 2 of Schedule 14 (current model clauses for landward development licences deriving from Schedule 6 to the 1991 Regulations) is amended in accordance with paragraphs 43 to 45.

43

After clause 34 insert—

(34A) (1) This clause applies if— (a) the Licensee is a company, or (b) where two or more persons are the Licensee, any of those persons is a company, and references in this clause to a company are to such a company. (2) A change in control of a company is not permitted without the consent of the Oil and Gas Authority (“the OGA”). (3) There is a “change in control” of a company if a person takes control of the company, not having previously been a person who controlled the company. (4) If a change in control of a company is contemplated, the company must apply in writing to the OGA for consent at least three months before the date on which it is proposed that the change would occur (if consent were given). (5) The OGA may— (a) consent to the change in control unconditionally, (b) consent to the change in control subject to conditions, or (c) refuse consent to the change in control. (6) If the OGA proposes to grant consent subject to any condition or to refuse consent, the OGA must, before making a final decision— (a) give the company an opportunity to make representations, and (b) consider any representations that are made. (7) The general rule is that the OGA must decide an application within three months of receiving it, but the OGA may delay its decision by notifying the interested parties in writing. (8) Conditions as mentioned in paragraph (5)(b) may be imposed on the person taking control of the company (as well as on the company), and may include— (a) conditions relating to the arrangements for the change in control, including the date by which it must occur, (b) conditions relating to the performance of activities permitted by this licence, and (c) financial conditions. (9) The OGA’s decision on the application, and any conditions as mentioned in paragraph (5)(b), must be notified in writing to the interested parties. (10) In this clause “the interested parties” means— (a) the company, (b) the person who (if consent were granted) would take control of the company, and (c) if the company and another person or persons are the Licensee, that other person or those other persons. (11) For the purposes of this clause, the question of whether a person has control of a company is to be determined in accordance with the test set out in clause 34(3).

44

• (1) Clause 35 (power of revocation) is amended as follows.

• (2) In paragraph (2)—

• (a) after sub-paragraph (i) insert—

(j) if the Licensee is a company, any breach of a condition subject to which the Oil and Gas Authority gave its consent to a change in control of the Licensee (see clause 34A); (k) if the Licensee is a company, any failure to provide full and accurate information in response to a notice given by the Oil and Gas Authority to that company under section 5D of the Act of 1998;

;

• (b) in the closing words, after “(g)” insert “or (j) or (k)”.

• (3) Omit paragraphs (3) to (5).

45

• (1) Clause 35A (power of partial revocation) is amended as follows.

• (2) For paragraph (1) substitute—

(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; (b) an event mentioned in clause 35(2)(b) occurs which consists of a breach of clause 34A(2) or (4) in relation to a change in control of one of those persons; (c) an event mentioned in clause 35(2)(j) occurs in relation to a change in control of one of those persons (see clause 34A); or (d) an event mentioned in clause 35(2)(k) occurs which consists of a failure by one of those persons as mentioned in that provision.

• (3) In paragraph (2), for “or (b)” substitute “, (b), (c) or (d)”.

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

Introduction

46

The Petroleum Licensing (Exploration and Production) (Seaward and Landward Areas) Regulations 2004 (S.I. 2004/352) are amended in accordance with this Part of this Schedule.

Schedule 2

47

Schedule 2 (model clauses for production licences relating to frontier areas — no break clause) is amended in accordance with paragraphs 48 to 50.

48

After clause 37 insert—

(37A) (1) This clause applies if— (a) the Licensee is a company, or (b) where two or more persons are the Licensee, any of those persons is a company, and references in this clause to a company are to such a company. (2) A change in control of a company is not permitted without the consent of the Oil and Gas Authority (“the OGA”). (3) There is a “change in control” of a company if a person takes control of the company, not having previously been a person who controlled the company. (4) If a change in control of a company is contemplated, the company must apply in writing to the OGA for consent at least three months before the date on which it is proposed that the change would occur (if consent were given). (5) The OGA may— (a) consent to the change in control unconditionally, (b) consent to the change in control subject to conditions, or (c) refuse consent to the change in control. (6) If the OGA proposes to grant consent subject to any condition or to refuse consent, the OGA must, before making a final decision— (a) give the company an opportunity to make representations, and (b) consider any representations that are made. (7) The general rule is that the OGA must decide an application within three months of receiving it, but the OGA may delay its decision by notifying the interested parties in writing. (8) Conditions as mentioned in paragraph (5)(b) may be imposed on the person taking control of the company (as well as on the company), and may include— (a) conditions relating to the arrangements for the change in control, including the date by which it must occur, (b) conditions relating to the performance of activities permitted by this licence, and (c) financial conditions. (9) The OGA’s decision on the application, and any conditions as mentioned in paragraph (5)(b), must be notified in writing to the interested parties. (10) In this clause “the interested parties” means— (a) the company, (b) the person who (if consent were granted) would take control of the company, and (c) if the company and another person or persons are the Licensee, that other person or those other persons. (11) For the purposes of this clause, the question of whether a person has control of a company is to be determined in accordance with the test set out in clause 37(4).

49

• (1) Clause 38 (power of revocation) is amended as follows.

• (2) In paragraph (2)—

• (a) after sub-paragraph (i) insert—

(j) if the Licensee is a company, any breach of a condition subject to which the Oil and Gas Authority gave its consent to a change in control of the Licensee (see clause 37A); (k) if the Licensee is a company, any failure to provide full and accurate information in response to a notice given by the Oil and Gas Authority to that company under section 5D of the Act;

;

• (b) in the closing words, after “(g)” insert “or (j) or (k)”.

• (3) Omit paragraphs (3) to (5).

50

• (1) Clause 38A (power of partial revocation) is amended as follows.

• (2) For paragraph (1) substitute—

(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; (b) an event mentioned in clause 38(2)(b) occurs which consists of a breach of clause 37A(2) or (4) in relation to a change in control of one of those persons; (c) an event mentioned in clause 38(2)(j) occurs in relation to a change in control of one of those persons (see clause 37A); or (d) an event mentioned in clause 38(2)(k) occurs which consists of a failure by one of those persons as mentioned in that provision.

• (3) In paragraph (2), for “or (b)” substitute “, (b), (c) or (d)”.

Schedule 3

51

Schedule 3 (model clauses for production licences relating to frontier areas — including break clause) is amended in accordance with paragraphs 52 to 54.

52

After clause 38 insert—

(38A) (1) This clause applies if— (a) the Licensee is a company, or (b) where two or more persons are the Licensee, any of those persons is a company, and references in this clause to a company are to such a company. (2) A change in control of a company is not permitted without the consent of the Oil and Gas Authority (“the OGA”). (3) There is a “change in control” of a company if a person takes control of the company, not having previously been a person who controlled the company. (4) If a change in control of a company is contemplated, the company must apply in writing to the OGA for consent at least three months before the date on which it is proposed that the change would occur (if consent were given). (5) The OGA may— (a) consent to the change in control unconditionally, (b) consent to the change in control subject to conditions, or (c) refuse consent to the change in control. (6) If the OGA proposes to grant consent subject to any condition or to refuse consent, the OGA must, before making a final decision— (a) give the company an opportunity to make representations, and (b) consider any representations that are made. (7) The general rule is that the OGA must decide an application within three months of receiving it, but the OGA may delay its decision by notifying the interested parties in writing. (8) Conditions as mentioned in paragraph (5)(b) may be imposed on the person taking control of the company (as well as on the company), and may include— (a) conditions relating to the arrangements for the change in control, including the date by which it must occur, (b) conditions relating to the performance of activities permitted by this licence, and (c) financial conditions. (9) The OGA’s decision on the application, and any conditions as mentioned in paragraph (5)(b), must be notified in writing to the interested parties. (10) In this clause “the interested parties” means— (a) the company, (b) the person who (if consent were granted) would take control of the company, and (c) if the company and another person or persons are the Licensee, that other person or those other persons. (11) For the purposes of this clause, the question of whether a person has control of a company is to be determined in accordance with the test set out in clause 38(4).

53

• (1) Clause 39 (power of revocation) is amended as follows.

• (2) In paragraph (2)—

• (a) after sub-paragraph (i) insert—

(j) if the Licensee is a company, any breach of a condition subject to which the Oil and Gas Authority gave its consent to a change in control of the Licensee (see clause 38A); (k) if the Licensee is a company, any failure to provide full and accurate information in response to a notice given by the Oil and Gas Authority to that company under section 5D of the Act;

;

• (b) in the closing words, after “(g)” insert “or (j) or (k)”.

• (3) Omit paragraphs (3) to (5).

54

• (1) Clause 39A (power of partial revocation) is amended as follows.

• (2) For paragraph (1) substitute—

(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; (b) an event mentioned in clause 39(2)(b) occurs which consists of a breach of clause 38A(2) or (4) in relation to a change in control of one of those persons; (c) an event mentioned in clause 39(2)(j) occurs in relation to a change in control of one of those persons (see clause 38A); or (d) an event mentioned in clause 39(2)(k) occurs which consists of a failure by one of those persons as mentioned in that provision.

• (3) In paragraph (2), for “or (b)” substitute “, (b), (c) or (d)”.

Schedule 4

55

Schedule 4 (model clauses for standard production licences) is amended in accordance with paragraphs 56 to 58.

56

After clause 36 insert—

(36A) (1) This clause applies if— (a) the Licensee is a company, or (b) where two or more persons are the Licensee, any of those persons is a company, and references in this clause to a company are to such a company. (2) A change in control of a company is not permitted without the consent of the Oil and Gas Authority (“the OGA”). (3) There is a “change in control” of a company if a person takes control of the company, not having previously been a person who controlled the company. (4) If a change in control of a company is contemplated, the company must apply in writing to the OGA for consent at least three months before the date on which it is proposed that the change would occur (if consent were given). (5) The OGA may— (a) consent to the change in control unconditionally, (b) consent to the change in control subject to conditions, or (c) refuse consent to the change in control. (6) If the OGA proposes to grant consent subject to any condition or to refuse consent, the OGA must, before making a final decision— (a) give the company an opportunity to make representations, and (b) consider any representations that are made. (7) The general rule is that the OGA must decide an application within three months of receiving it, but the OGA may delay its decision by notifying the interested parties in writing. (8) Conditions as mentioned in paragraph (5)(b) may be imposed on the person taking control of the company (as well as on the company), and may include— (a) conditions relating to the arrangements for the change in control, including the date by which it must occur, (b) conditions relating to the performance of activities permitted by this licence, and (c) financial conditions. (9) The OGA’s decision on the application, and any conditions as mentioned in paragraph (5)(b), must be notified in writing to the interested parties. (10) In this clause “the interested parties” means— (a) the company, (b) the person who (if consent were granted) would take control of the company, and (c) if the company and another person or persons are the Licensee, that other person or those other persons. (11) For the purposes of this clause, the question of whether a person has control of a company is to be determined in accordance with the test set out in clause 36(4).

57

• (1) Clause 37 (power of revocation) is amended as follows.

• (2) In paragraph (2)—

• (a) after sub-paragraph (i) insert—

(j) if the Licensee is a company, any breach of a condition subject to which the Oil and Gas Authority gave its consent to a change in control of the Licensee (see clause 36A); (k) if the Licensee is a company, any failure to provide full and accurate information in response to a notice given by the Oil and Gas Authority to that company under section 5D of the Act;

;

• (b) in the closing words, after “(g)” insert “or (j) or (k)”.

• (3) Omit paragraphs (3) to (5).

58

• (1) Clause 37A (power of partial revocation) is amended as follows.

• (2) For paragraph (1) substitute—

(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; (b) an event mentioned in clause 37(2)(b) occurs which consists of a breach of clause 36A(2) or (4) in relation to a change in control of one of those persons; (c) an event mentioned in clause 37(2)(j) occurs in relation to a change in control of one of those persons (see clause 36A); or (d) an event mentioned in clause 37(2)(k) occurs which consists of a failure by one of those persons as mentioned in that provision.

• (3) In paragraph (2), for “or (b)” substitute “, (b), (c) or (d)”.

Schedule 6

59

Schedule 6 (model clauses for petroleum exploration and development licences) is amended in accordance with paragraphs 60 to 62.

60

After clause 35 insert—

(35A) (1) This clause applies if— (a) the Licensee is a company, or (b) where two or more persons are the Licensee, any of those persons is a company, and references in this clause to a company are to such a company. (2) A change in control of a company is not permitted without the consent of the Oil and Gas Authority (“the OGA”). (3) There is a “change in control” of a company if a person takes control of the company, not having previously been a person who controlled the company. (4) If a change in control of a company is contemplated, the company must apply in writing to the OGA for consent at least three months before the date on which it is proposed that the change would occur (if consent were given). (5) The OGA may— (a) consent to the change in control unconditionally, (b) consent to the change in control subject to conditions, or (c) refuse consent to the change in control. (6) If the OGA proposes to grant consent subject to any condition or to refuse consent, the OGA must, before making a final decision— (a) give the company an opportunity to make representations, and (b) consider any representations that are made. (7) The general rule is that the OGA must decide an application within three months of receiving it, but the OGA may delay its decision by notifying the interested parties in writing. (8) Conditions as mentioned in paragraph (5)(b) may be imposed on the person taking control of the company (as well as on the company), and may include— (a) conditions relating to the arrangements for the change in control, including the date by which it must occur, (b) conditions relating to the performance of activities permitted by this licence, and (c) financial conditions. (9) The OGA’s decision on the application, and any conditions as mentioned in paragraph (5)(b), must be notified in writing to the interested parties. (10) In this clause “the interested parties” means— (a) the company, (b) the person who (if consent were granted) would take control of the company, and (c) if the company and another person or persons are the Licensee, that other person or those other persons. (11) For the purposes of this clause, the question of whether a person has control of a company is to be determined in accordance with the test set out in clause 35(4).

61

• (1) Clause 36 (power of revocation) is amended as follows.

• (2) In paragraph (2)—

• (a) after sub-paragraph (i) insert—

(j) if the Licensee is a company, any breach of a condition subject to which the Oil and Gas Authority gave its consent to a change in control of the Licensee (see clause 35A); (k) if the Licensee is a company, any failure to provide full and accurate information in response to a notice given by the Oil and Gas Authority to that company under section 5D of the Act;

;

• (b) in the closing words, after “(g)” insert “or (j) or (k)”.

• (3) Omit paragraphs (3) to (5).

62

• (1) Clause 36A (power of partial revocation) is amended as follows.

• (2) For paragraph (1) substitute—

(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; (b) an event mentioned in clause 36(2)(b) occurs which consists of a breach of clause 35A(2) or (4) in relation to a change in control of one of those persons; (c) an event mentioned in clause 36(2)(j) occurs in relation to a change in control of one of those persons (see clause 35A); or (d) an event mentioned in clause 36(2)(k) occurs which consists of a failure by one of those persons as mentioned in that provision.

• (3) In paragraph (2), for “or (b)” substitute “, (b), (c) or (d)”.

Part 4 — Petroleum Licensing (Production) (Seaward Areas) Regulations 2008

63

In the Petroleum Licensing (Production) (Seaward Areas) Regulations 2008 (S.I. 2008/225), the Schedule (model clauses for seaward area production licences) is amended as follows.

64

After clause 40 insert—

(40A) (1) This clause applies if— (a) the Licensee is a company, or (b) where two or more persons are the Licensee, any of those persons is a company, and references in this clause to a company are to such a company. (2) A change in control of a company is not permitted without the consent of the OGA. (3) There is a “change in control” of a company if a person takes control of the company, not having previously been a person who controlled the company. (4) If a change in control of a company is contemplated, the company must apply in writing to the OGA for consent at least three months before the date on which it is proposed that the change would occur (if consent were given). (5) The OGA may— (a) consent to the change in control unconditionally, (b) consent to the change in control subject to conditions, or (c) refuse consent to the change in control. (6) If the OGA proposes to grant consent subject to any condition or to refuse consent, the OGA must, before making a final decision— (a) give the company an opportunity to make representations, and (b) consider any representations that are made. (7) The general rule is that the OGA must decide an application within three months of receiving it, but the OGA may delay its decision by notifying the interested parties in writing. (8) Conditions as mentioned in paragraph (5)(b) may be imposed on the person taking control of the company (as well as on the company), and may include— (a) conditions relating to the arrangements for the change in control, including the date by which it must occur, (b) conditions relating to the performance of activities permitted by this licence, and (c) financial conditions. (9) The OGA’s decision on the application, and any conditions as mentioned in paragraph (5)(b), must be notified in writing to the interested parties. (10) In this clause “the interested parties” means— (a) the company, (b) the person who (if consent were granted) would take control of the company, and (c) if the company and another person or persons are the Licensee, that other person or those other persons. (11) For the purposes of this clause, “control” of a company is to be construed in accordance with sections 450(2) to (4) and 451(1) to (5) of the Corporation Tax Act 2010, modified as specified in clause 40(4).

65

• (1) Clause 41 (power of revocation) is amended as follows.

• (2) In paragraph (2)—

• (a) after sub-paragraph (j) insert—

(k) if the Licensee is a company, any breach of a condition subject to which the OGA gave its consent to a change in control of the Licensee (see clause 40A), (l) if the Licensee is a company, any failure to provide full and accurate information in response to a notice given by the OGA to that company under section 5D of the Act,

;

• (b) in the closing words, after “(h)” insert “or (k) or (l)”.

• (3) Omit paragraphs (3) to (5).

66

• (1) Clause 42 (power of partial revocation) is amended as follows.

• (2) For paragraph (1) substitute—

(1) This clause applies in a case where two or more persons are the Licensee and— (a) an event mentioned in clause 41(2)(c), (d), (e), (f) or (h) occurs in relation to one of those persons; (b) an event mentioned in clause 41(2)(b) occurs which consists of a breach of clause 40A(2) or (4) in relation to a change in control of one of those persons; (c) an event mentioned in clause 41(2)(k) occurs in relation to a change in control of one of those persons (see clause 40A); or (d) an event mentioned in clause 41(2)(l) occurs which consists of a failure by one of those persons as mentioned in that provision.

• (3) In paragraph (2), for “or (b)” substitute “, (b), (c) or (d)”.

Part 5 — Petroleum Licensing (Exploration and Production) (Landward Areas) Regulations 2014

67

In the Petroleum Licensing (Exploration and Production) (Landward Areas) Regulations 2014 (S.I. 2014/1686), Schedule 2 (model clauses for petroleum exploration and development licences) is amended as follows.

68

After clause 40 insert—

(40A) (1) This clause applies if— (a) the Licensee is a company, or (b) where two or more persons are the Licensee, any of those persons is a company, and references in this clause to a company are to such a company. (2) A change in control of a company is not permitted without the consent of the OGA. (3) There is a “change in control” of a company if a person takes control of the company, not having previously been a person who controlled the company. (4) If a change in control of a company is contemplated, the company must apply in writing to the OGA for consent at least three months before the date on which it is proposed that the change would occur (if consent were given). (5) The OGA may— (a) consent to the change in control unconditionally, (b) consent to the change in control subject to conditions, or (c) refuse consent to the change in control. (6) If the OGA proposes to grant consent subject to any condition or to refuse consent, the OGA must, before making a final decision— (a) give the company an opportunity to make representations, and (b) consider any representations that are made. (7) The general rule is that the OGA must decide an application within three months of receiving it, but the OGA may delay its decision by notifying the interested parties in writing. (8) Conditions as mentioned in paragraph (5)(b) may be imposed on the person taking control of the company (as well as on the company), and may include— (a) conditions relating to the arrangements for the change in control, including the date by which it must occur, (b) conditions relating to the performance of activities permitted by this licence, and (c) financial conditions. (9) The OGA’s decision on the application, and any conditions as mentioned in paragraph (5)(b), must be notified in writing to the interested parties. (10) In this clause “the interested parties” means— (a) the company, (b) the person who (if consent were granted) would take control of the company, and (c) if the company and another person or persons are the Licensee, that other person or those other persons. (11) For the purposes of this clause, “control” of a company is to be construed in accordance with sections 450(2) to (4) and 451(1) to (5) of the Corporation Tax Act 2010, modified as specified in clause 40(4).

69

• (1) Clause 41 (power of revocation) is amended as follows.

• (2) In paragraph (2)—

• (a) after sub-paragraph (j) insert—

(k) if the Licensee is a company, any breach of a condition subject to which the OGA gave its consent to a change in control of the Licensee (see clause 40A), (l) if the Licensee is a company, any failure to provide full and accurate information in response to a notice given by the OGA to that company under section 5D of the Act,

;

• (b) in the closing words, after “(h)” insert “or (k) or (l)”.

• (3) Omit paragraphs (3) to (5).

70

• (1) Clause 42 (power of partial revocation) is amended as follows.

• (2) For paragraph (1) substitute—

(1) This clause applies in a case where two or more persons are the Licensee and— (a) an event mentioned in clause 41(2)(c), (d), (e), (f) or (h) occurs in relation to one of those persons; (b) an event mentioned in clause 41(2)(b) occurs which consists of a breach of clause 40A(2) or (4) in relation to a change in control of one of those persons; (c) an event mentioned in clause 41(2)(k) occurs in relation to a change in control of one of those persons (see clause 40A); or (d) an event mentioned in clause 41(2)(l) occurs which consists of a failure by one of those persons as mentioned in that provision.

• (3) In paragraph (2), for “or (b)” substitute “, (b), (c) or (d)”.

Schedule 22

1

In section 13 of the Nuclear installations Act 1965 (“the 1965 Act”) (exclusion, extension or reduction of compensation in certain cases), in subsection (5A), after “(1ZA),” insert “(1ZAA),”.

2

• (1) Section 16 of the 1965 Act (satisfaction of claims) is amended as follows.

• (2) In subsection (1ZA) after “or 9” insert “, other than CSC-only claims,”.

• (3) After subsection (1ZA) insert—

(1ZAA) Notwithstanding subsection (1), if the amount payable by a person in respect of CSC-only claims for compensation under this Act in respect of any one occurrence or event constituting a breach of a duty imposed on that person by section 7, 7B, 8 or 9 reaches, in the aggregate and apart from interest or costs, the equivalent in sterling of 300 million special drawing rights, that person is not required to satisfy further claims for compensation.

• (4) In subsection (1A) for “or (3B)” substitute “, (1ZAA), (3B), (3BA), (3BB), (3BC) or (3BD)”.

• (5) In subsection (3)(a) after “subsection (1)” insert “, (1ZA), (1ZAA), (1ZB)”.

• (6) In subsection (3B)—

• (a) after “or 10” insert “, other than CSC-only claims (“non-CSC-only claims”),”,

• (b) after “further” insert “non-CSC-only”, and

• (c) after “special relevant claims” insert “or CSC claims (or both)”.

• (7) After subsection (3B) insert—

(3BA) To the extent that further non-CSC-only claims for compensation are special relevant claims, the appropriate authority may be required to satisfy them up to the equivalent in sterling of 1,500 million euros (in the aggregate and apart from interest or costs). (3BB) To the extent that further non-CSC-only claims for compensation are CSC claims, the appropriate authority may be required to satisfy them up to the equivalent in sterling of the aggregate of 700 million euros and the value of the CSC international pooled funds (in the aggregate and apart from interest or costs). (3BC) To the extent that further non-CSC-only claims for compensation are both special relevant claims and CSC claims, the appropriate authority may be required to satisfy them up to the equivalent in sterling of the aggregate of 1,500 million euros and the value of the CSC international pooled funds (in the aggregate and apart from interest or costs). (3BD) If the amount payable in respect of CSC-only claims in respect of any one occurrence or event constituting a breach of a duty imposed on a person by section 7, 7B, 8, 9 or 10 reaches, in the aggregate and apart from interest or costs, the equivalent in sterling of the aggregate of 300 million special drawing rights and the value of the CSC international pooled funds, the appropriate authority is not required to satisfy further such claims for compensation. (3BE) If the CSC international pooled funds are (or will be) reduced by virtue of claims to which subsection (3) applies by 50%, the appropriate authority is not required to satisfy further claims for compensation if that would give rise to a further reduction of those funds except to the extent that those further claims are non-UK CSC claims.

• (8) In subsection (3C)(a) after “subsection (3B)” insert “or, in a case where the relevant reciprocating territory is also a CSC territory (as defined by section 16AA), (3BB)”.

• (9) In subsection (3D)—

• (a) in paragraph (b)(i) and (ii) after “subsection (1ZA)” insert “, (1ZAA),”, and

• (b) in paragraph (b)(iii) after “subsection (3B)” insert “, (3BA), (3BB), (3BC), (3BD), (3BE)”.

3

In section 16A of the 1965 Act (section 16: supplementary), in subsection (7)(b) for “section 18(1A)” substitute “section 16(3BA)”.

4

After section 16A of the 1965 Act insert—

(16AA) (1) This section applies for the purposes of section 16. (2) A claim for compensation under this Act in the case of a breach of a duty imposed by section 7, 7B, 8, 9 or 10 is a CSC claim if— (a) the injury or damage for which compensation is claimed is such injury or damage as is mentioned in subsection (3), (b) the significant impairment of the environment by reference to which compensation is claimed by virtue of section 11A(1) or 11G(1) or paragraph 1 of Schedule 1A is such significant impairment of the environment as is mentioned in subsection (3), or (c) the preventive measures by reference to which compensation is claimed by virtue of section 11H(1) or (2) are preventive measures relating to such injury, damage or significant impairment of the environment as is mentioned in subsection (3). (3) The injury, damage and significant impairment of the environment referred to in subsection (2) are— (a) injury, damage or significant impairment of the environment that is incurred within the territorial limits of the United Kingdom or another CSC territory; (b) injury, damage or significant impairment of the environment that is incurred in or above the exclusive economic zone or on the continental shelf of the United Kingdom or another CSC territory in connection with the exploitation or exploration of the natural resources of that exclusive economic zone or continental shelf; (c) injury or damage that is incurred in or above the sea outside the territorial limits of any country or territory by, or by persons or property on, a ship or aircraft registered in the United Kingdom or another CSC territory; (d) injury or damage that is incurred in or above the sea outside the territorial limits of any country or territory by a national of the United Kingdom or another CSC territory; (e) injury or damage that is incurred outside the territorial limits of any country or territory by, or by persons or property on, an artificial island, installation or structure that is subject to the jurisdiction of the United Kingdom or another CSC territory. (4) A CSC claim is a CSC-only claim if— (a) the injury or damage for which compensation is claimed is such injury or damage as is mentioned in subsection (5), (b) the significant impairment of the environment by reference to which compensation is claimed by virtue of section 11A(1) or 11G(1) or paragraph 1 of Schedule 1A is such significant impairment of the environment as is mentioned in subsection (5), or (c) the preventive measures by reference to which compensation is claimed by virtue of section 11H(1) or (2) are preventive measures relating to such injury, damage or significant impairment of the environment as is mentioned in subsection (5). (5) The injury, damage and significant impairment of the environment referred to in subsection (4) are— (a) injury, damage or significant impairment of the environment that is incurred within the territorial limits of a CSC-only territory; (b) injury, damage or significant impairment of the environment that is incurred in or above the exclusive economic zone or on the continental shelf of a CSC-only territory in connection with the exploitation or exploration of the natural resources of that exclusive economic zone or continental shelf; (c) injury or damage that is incurred in or above the sea outside the territorial limits of any country or territory by, or by persons or property on, a ship or aircraft registered in a CSC-only territory; (d) injury or damage that is incurred in or above the sea outside the territorial limits of any country or territory by a national of a CSC-only territory; (e) injury or damage that is incurred outside the territorial limits of any country or territory by, or by persons or property on, an artificial island, installation or structure that is subject to the jurisdiction of a CSC-only territory. (6) A CSC-only territory is a CSC territory that is not— (a) the United Kingdom, (b) any other CSC territory that is a relevant territory in relation to a relevant international agreement other than the CSC, (c) a country mentioned in section 26(1B)(b), (d) an overseas territory mentioned in section 26(1B)(c) or (d), or (e) a relevant reciprocating territory. (7) A CSC claim is a non-UK CSC claim if— (a) the injury or damage for which compensation is claimed is such injury or damage as is mentioned in subsection (8), (b) the significant impairment of the environment by reference to which compensation is claimed by virtue of section 11A(1) or 11G(1) or paragraph 1 of Schedule 1A is such significant impairment of the environment as is mentioned in subsection (8), or (c) the preventive measures by reference to which compensation is claimed by virtue of section 11H(1) or (2) are preventive measures relating to such injury, damage or significant impairment of the environment as is mentioned in subsection (8). (8) The injury, damage and significant impairment of the environment referred to in subsection (7) are— (a) injury, damage or significant impairment of the environment that is incurred within the territorial limits of a CSC territory other than the United Kingdom; (b) injury, damage or significant impairment of the environment that is incurred in or above the exclusive economic zone or on the continental shelf of a CSC territory other than the United Kingdom in connection with the exploitation or exploration of the natural resources of that exclusive economic zone or continental shelf; (c) injury or damage that is incurred in or above the sea outside the territorial limits of any country or territory by, or by persons or property on, a ship or aircraft registered in the United Kingdom or another CSC territory; (d) injury or damage that is incurred in or above the sea outside the territorial limits of any country or territory by a national of the United Kingdom or another CSC territory; (e) injury or damage that is incurred outside the territorial limits of any country or territory by, or by persons or property on, an artificial island, installation or structure that is subject to the jurisdiction of the United Kingdom or another CSC territory. (9) In this section— - “CSC territory” means—a country that is a party to the CSC, oran overseas territory of such a country, if the CSC applies to the overseas territory, - “national”, in relation to a CSC territory, includes—that CSC territory and any part of it,a public or private body established in the CSC territory or part of it, whether a body corporate or not,a partnership established in the CSC territory or part of it, anda trust the validity of which is governed by the law of the CSC territory, and - “the CSC” means the Convention on Supplementary Compensation for Nuclear Damage (as amended or supplemented from time to time). (10) A reference in this section to a national of the United Kingdom is to be construed in accordance with section 16A(8).

5

In section 17 of 1965 Act (jurisdiction, shared liability and foreign judgments), in subsection (3B)(a) and (b) after “section 16(1ZA)” insert “, (1ZAA)”.

6

• (1) Section 18 of the 1965 Act (general cover for compensation) is amended as follows.

• (2) In subsection (1A) for “1,500 million euros” substitute “the aggregate of 1,500 million euros and the value of the CSC international pooled funds”.

• (3) In subsection (1D)–

• (a) in each of paragraphs (a) and (b) after “section 16(1ZA)” insert “, (1ZAA)”, and

• (b) in paragraph (c) after “section (3B)” insert “, (3BA), (3BB), (3BD), (3BE)”.

• (4) In subsection (4B)(b) after “section 16(1ZA)” insert “or, where relevant, (1ZAA)”.

7

After section 25B of the 1965 Act (amounts in euros) insert—

(25C) (1) In this Act “special drawing rights” means special drawing rights as defined by the international Monetary Fund; and for the purpose of determining the equivalent in sterling on any day of a sum expressed in special drawing rights, one special drawing right is to be treated as equal to such a sum in sterling as the international Monetary Fund have fixed as being the equivalent of one special drawing right— (a) for that day, or (b) if no sum has been so fixed for that day, for the last day before that day for which a sum has been so fixed. (2) A certificate given by or on behalf of the Treasury stating— (a) that a particular sum in sterling has been so fixed for a particular day, or (b) that no sum has been so fixed for a particular day and that a particular sum in sterling has been so fixed for a day which is the last day for which a sum has been so fixed before the particular day, is to be conclusive evidence of those matters for the purposes of subsection (1) of this section; and a document purporting to be such a certificate is in any proceedings to be received in evidence and, unless the contrary is proved, to be deemed to be such a certificate. (3) The Treasury may charge a reasonable fee for any certificate given in pursuance of subsection (2) of this section. (4) Any fee received by the Treasury by virtue of subsection (3) is to be paid into the Consolidated Fund.

8

• (1) Section 26 of the 1965 Act (interpretation) is amended as follows.

• (2) In subsection (1)—

• (a) after the definition of “cover period” insert—

• “CSC claim” has the meaning given by section 16AA;
• “CSC international pooled funds” means the funds referred to by Article III.1(b) of the Convention on Supplementary Compensation for Nuclear Damage;
• “CSC-only claim” has the meaning given by section 16AA;

;

• (b) in the definition of “event”—

• (i) after “(1ZA),” insert “(1ZAA),”, and

• (ii) after “(3B)” insert “, (3BD)”;

• (c) after the definition of “the Minister” insert—

• “non-UK CSC claim” has the meaning given by section 16AA;

;

• (d) in the definition of “occurrence”—

• (i) after “(1ZA),” insert “(1ZAA),”, and

• (ii) after “(3B)” insert “, (3BD)”.

• (e) after the definition of “overseas territory” insert—

• “the Paris Convention” means the Convention on Third Party Liability in the Field of Nuclear Energy of 29 July 1960, as amended by the Additional Protocol of 28 January 1964, by the Protocol of 16 November 1982 and by the Protocol of 12 February 2004;

.

• (3) In subsection (1A)(a)—

• (a) in the opening words, for “a relevant international agreement” substitute “the Paris Convention”;

• (b) in sub-paragraph (i)—

• (i) for “relevant international agreement” (in each place it appears) substitute “Convention”;

• (ii) for “agreement” (in the third place it appears) substitute “Convention”;

• (iii) for “agreement’s” substitute “Convention’s”;

• (c) in sub-paragraph (ii), for “relevant international agreement” substitute “Convention”.

Principal objectives and general duties of Secretary of State and economic regulator

Prohibition on unlicensed activities

Consultation on proposals for additional activities to become licensable

Territorial scope of prohibition

Exemption from prohibition

Revocation or withdrawal of exemption

Power to grant licences

Power to create licence types

Procedure for licence applications

Competitive tenders for licences

Conditions of licences: general

Standard conditions of licences

Modification of conditions of licences

Modification of conditions under section 13: supplementary

Modification by order under other enactments

Interim power of Secretary of State to grant licences

Termination of licence

Transfer of licences

Consenting to transfer

Appeal to the CMA

Procedure on appeal to CMA

Determination by CMA of appeal

CMA’s powers on allowing appeal

Time limits for CMA to determine an appeal

Determination of appeal by CMA: supplementary

Provision of information to or by the economic regulator

Power of Secretary of State to require information

Monitoring, information gathering etc

Power to require information for purposes of monitoring

Duty to carry out impact assessment

Reasons for decisions

Enforcement of obligations of licence holders

Making of false statements etc

Liability of officers of entities

Criminal proceedings

Functions under the Enterprise Act 2002

Functions under the Competition Act 1998

Sections 36 and 37: supplementary

Forward work programmes

Information in relation to CCUS strategy and policy statement

Annual report on transport and storage licensing functions

Transport and storage administration orders

Objective of a transport and storage administration

Application of certain provisions of the Energy Act 2004

Conduct of administration, transfer schemes etc

Modification of conditions of licences

Transfer schemes

Power to make further modifications of insolvency legislation

Interpretation of Chapter 4

Transfer schemes

Consultation in relation to transfers

Conduct of transfer schemes

Cooperation of storage licensing authority with economic regulator

Amendments related to Part 1

Interpretation of Part 1

Chapter 1: interpretation

Duties of revenue support counterparty

Designation of carbon dioxide transport and storage counterparty

Direction to offer to contract with licence holder

Designation of hydrogen transport counterparty

Direction to offer to contract with eligible hydrogen transport provider

Designation of hydrogen storage counterparty

Direction to offer to contract with eligible hydrogen storage provider

Designation of hydrogen production counterparty

Direction to offer to contract with eligible low carbon hydrogen producer

Designation of carbon capture counterparty

Direction to offer to contract with eligible carbon capture entity

Appointment of hydrogen levy administrator

Obligations of relevant market participants

Payments to relevant market participants

Functions of hydrogen levy administrator

Power to appoint allocation bodies

Standard terms of revenue support contracts

Allocation notifications

Allocation of contracts

Duty to offer to contract following allocation

Modification of standard terms

Sections 75 to 78: supplementary

Licence conditions regarding functions of certain allocation bodies

Modification of transfer schemes

Application of sums held by a revenue support counterparty

Information and advice

Enforcement

Consultation

Transfer schemes

Modification of transfer schemes

Shadow directors, etc

Modifications of licences etc for purposes related to levy obligations

Electricity system operator and gas system planner licences: modifications

Sections 89 and 90: supplementary

Financing of costs of decommissioning etc

Section 92: supplementary

Regulations under section 92(1): procedure with devolved authorities

Provisions relating to Part 4 of the Petroleum Act 1998

Designation of strategy and policy statement

Change of use relief: carbon storage network pipelines

Change of use relief: supplementary

Designation of strategy and policy statement

Duties with regard to considerations in the statement

Review

Procedural requirements

Specified provisions in carbon dioxide storage licences

Information and samples coordinators

Offences relating to carbon dioxide storage licences

Power of OGA to require information about change in control of licence holder

Chapter 5: key definitions

Retention of information and samples

Preparation and agreement of information and samples plans

Information and samples plans: supplementary

Information and samples coordinators

Power of OGA to require information and samples

Prohibition on disclosure of information or samples by OGA

Power of Secretary of State to require information and samples

Power of OGA to give sanction notices

Enforcement notices

Financial penalty notices

Revocation notices

Operator removal notices

Duty of OGA to give sanction warning notices

Publication of details of sanctions

Subsequent sanction notices

Withdrawal of sanction notices

Sanctions: information powers

Appeals

Procedure for enforcement decisions

Interpretation of Chapter 5

Access to infrastructure

Financial assistance

Key definitions for Part 3

Designation

Designation: procedure

Revocation of designation

Applications for grant etc of gas transporter licence

Modification of gas transporter licence by Secretary of State

Scope of modification powers under section 136

Procedure etc relating to modifications under section 136

Information and advice

Conditions of gas transporter licences for conveyance of hydrogen

Secretary of State directions to the GEMA

Repeal of Part 3

Low-carbon heat schemes

Application of scheme

Setting of targets etc

Further provision about scheme regulations

Administration of scheme

Enforcement, penalties and offences

Application of sums paid by virtue of section 146(4) or 148(3)

Appeals

Scheme regulations: procedure etc

Interpretation of Chapter 1

Modifications of the gas code

Regulations for protection of consumers

Power to modify Gas Act 1986 in relation to hydrogen

Fusion energy facilities: nuclear site licence not required

Treatment of recycled carbon fuel and nuclear-derived fuel as renewable transport fuel

Revenue certainty scheme for sustainable aviation fuel producers: consultation and report

Renewable liquid heating fuel obligations

Climate Change Act 2008: meaning of “UK removals”