The Petroleum (Production) (Landward Areas) Regulations 1995

Provision of contact details to Minister

8A

• (1) A notice, direction or other document authorised or required (in whatever terms) to be given to the Licensee by virtue of this licence is treated as given to the Licensee if it is given to the person specified by the Licensee under paragraph (2) at the address so specified.

• (2) The Licensee must supply the Minister with the name and address of a person to whom notices, directions and other documents are to be given.

• (3) The Licensee must ensure that, where there is a change in the person to whom, or the address to which, documents should be sent in accordance with paragraph (2), the Minister is notified of the change as soon as is reasonably practicable.

• (4) If the Licensee fails to comply with paragraph (2) the Minister may give the Licensee a notice which—

• (a) requires the Licensee to comply with paragraph (2) within the period of one month beginning with the date of the notice, and

• (b) states that, if the Licensee fails to do so, the Licensee will be treated as having supplied under paragraph (2) the name and address specified by the Minister in the notice.

Payment of consideration for licence

Royalty payments

Provisions supplementary to clause 10

Measurement of petroleum obtained from the licensed area

Keeping of accounts

Working obligations

Development and production programmes

Provisions supplementary to clause 15

Commencement and abandonment and plugging of wells

Distance of wells from boundaries of licensed area

Control of development wells

Provision of storage tanks, pipes, pipelines or other receptacles

Avoidance of harmful methods of working

Appointment of operators

Fishing and navigation

Training

Unit development

Licensee to keep records

Returns

Licensee to keep samples

Reports to be treated as confidential

Inspection of records, etc.

Rights of access

Power to execute works

Right of distress

Indemnity against third party claims

Advertisements, prospectuses, etc.

Restrictions on assignment, etc.

Power of revocation

Power of partial revocation

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;

• (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.

• (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) , (b), (c) or (d).

• (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.

Arbitration

Applications for supplementary seismic survey licences

Form of licences

Fees

Plurality of licences

Review

12

• (1) The Secretary of State must from time to time—

• (a) carry out a review of these Regulations;

• (b) set out the conclusions of the review in a report; and

• (c) publish the report.

• (2) The report must in particular—

• (a) set out the objectives intended to be achieved by these Regulations;

• (b) assess the extent to which those objectives are achieved;

• (c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.

• (3) The first report under this regulation must be published before the end of the period of five years beginning with the day on which this regulation comes into force.

• (4) Subsequent reports under this regulation must be published at intervals not exceeding five years.

Change in control of Licensee

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).

Power of revocation

Power of partial revocation

Arbitration