ukpga/2008/32 — Energy Act 2008

Energy Act 2008 2008 c. 32 An Act to make provision relating to gas importation and storage; to make provision in relation to electricity generated from renewable sources; to make provision relating to electricity transmission; to make provision about payments to small-scale generators of low-carbon electricity; to make provision about the decommissioning of energy installations and wells; to make provision about the management and disposal of waste produced during the operation of nuclear installations; to make provision relating to petroleum licences; to make provision about third party access to oil and gas infrastructure and modifications of pipelines; to make provision about reports relating to energy matters; to make provision about the duties of the Gas and Electricity Markets Authority; to make provision about payments in respect of the renewable generation of heat; to make provision relating to gas meters and electricity meters and provision relating to electricity safety; to make provision about the security of equipment, software and information relating to nuclear matters; and for connected purposes. [26th November 2008] Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— Part 1 Gas Importation and Storage Chapter 1 Gas Importation and Storage Zones Exploitation of areas outside the territorial sea for gas importation and storage 1 1 The rights to which this section applies have effect, by virtue of this section, as rights belonging to Her Majesty. 2 This section applies to the rights under Part V of the Convention that are exercisable by the United Kingdom in areas outside the territorial sea— a with respect to any of the matters mentioned in subsection (3), or b for any other purposes connected with any of those matters. 3 The matters are— a the exploitation of those areas for the unloading of gas to installations or pipelines; b the exploitation of those areas for the storing of gas (whether or not with a view to its being recovered), or the recovery of gas so stored; c the exploration of those areas with a view to their exploitation as mentioned in paragraph (a) or (b). 4 For the purposes of subsection (3), references to gas include any substance which consists wholly or mainly of gas. 5 The area within which the rights to which this section applies are exercisable (the “Gas Importation and Storage Zone”)— a is any area for the time being designated under section 41(3) of the Marine and Coastal Access Act 2009 (exclusive economic zone), but b if Her Majesty by Order in Council declares that the Gas Importation and Storage Zone extends to such other area as may be specified in the Order, is the area resulting from the Order. 6 In this section— “ the Convention ” means the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941) and any modifications of that Convention agreed after the passing of this Act that have entered into force in relation to the United Kingdom; “ gas ” means any substance which is gaseous at a temperature of 15°C and a pressure of 101.325 kPa (1013.25 mb); “ installation ” includes any floating structure or device maintained on a station by whatever means. Chapter 2 Importation and storage of combustible gas Activities requiring a licence Prohibition on unlicensed activities 2 1 No person may carry on an activity within subsection (3) except in accordance with a licence. 2 But subsection (1) is subject to sections 3 and 3A . 3 The activities are— a the use of a controlled place for the unloading of gas to an installation or pipeline; b the use of a controlled place for the storage of gas; c the conversion of any natural feature in a controlled place for the purpose of storing gas; d the recovery of gas stored in a controlled place; e the exploration of a controlled place with a view to, or in connection with, the carrying on of activities within paragraphs (a) to (d); f the establishment or maintenance in a controlled place of an installation for the purposes of activities within this subsection. 4 In this section— “ controlled place ” means a place in, under or over— the territorial sea, or waters in a Gas Importation and Storage Zone (within the meaning of section 1(5)); “ gas ” means any combustible substance which is gaseous at a temperature of 15°C and a pressure of 101.325 kPa (1013.25 mb) and which consists wholly or mainly of— methane, ethane, propane, butane, a substance designated for the purposes of this section by an order made by the Secretary of State, or a mixture of two or more of the substances mentioned in paragraphs (a) to (e). Exception for activities carried on partly on land etc 3 1 This Chapter does not apply in relation to— a the use of a controlled place for the unloading of gas to an installation which is connected with land by a permanent structure providing access at all times and for all purposes; b the conversion of a natural feature of which part is in a controlled place and part under land, if the operations necessary for the conversion take place wholly or mainly on, over or under land; c the use of a place for the storage of gas, or the recovery of gas so stored, where— i the gas was, or is to be, introduced into the store by means of a well on land, and ii part of the place is a controlled place and part is under land; d the establishment or maintenance of an installation for the purposes of activities falling within paragraph (a). 2 In this section— “ land ” means— land in England; land in Wales; land in Scotland landward of the low water mark; “ well ” includes a borehole. Exception for unloading to an installation in certain circumstances 3A The prohibition in section 2(1) does not apply to a person (“A”) who uses a controlled place for the unloading of gas to an installation if— a the installation is maintained by another person (“B”) who has a licence in respect of the maintenance of the installation and the use of a controlled place for the unloading of gas to it, and b B consents to the use by A of the controlled place for the unloading of gas to the installation. Licensing Licences 4 1 The OGA may grant a person a licence in respect of one or more activities within section 2(3). 2 The controlled place in respect of which a licence is granted may be determined by reference to the provisions of a Crown lease which has been or may be granted. 3 For this purpose “Crown lease” means (as the case may be)— a a lease of property forming part of the Crown Estate, or an authorisation to exercise rights forming part of that Estate (whether by virtue of section 1 or otherwise), or b a lease of property forming part of the Scottish assets, or an authorisation to exercise rights forming part of those assets (whether by virtue of section 1 or otherwise). 4 In subsection (3), “Scottish assets” means any property, rights and interests to which section 90B(5) of the Scotland Act 1998 applies. Applications 5 1 The Secretary of State may by regulations— a prescribe the persons, or classes of persons, by whom an application for a licence may be made; b prescribe requirements which must be met by, or in relation to, a person who makes an application; c prescribe the manner in which an application must be made; d prescribe the information which an application must contain and any documents which must accompany it; e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Before making any regulations under this section, the Secretary of State must consult the OGA. Terms and conditions 6 1 A licence may be granted on such terms and subject to such conditions as the OGA considers appropriate. 2 The provisions of a licence may be expressed by reference to provision made in a Crown lease, and, in particular, may provide— a for the commencement of the licence to be conditional upon the commencement of a Crown lease which has been or may be granted in respect of the controlled place to which the licence relates or any part of that place; b for the period of the licence to be determined by reference to the period of such a Crown lease. 3 A licence may authorise, in such circumstances and subject to such conditions as are specified, the transfer of the licence to another person (or the inclusion of another person as a joint licence holder). 4 The provisions of a licence may include— a provision requiring the licence holder to obtain the prior written consent of the OGA or another person for specified acts or omissions; b provision providing that any such consent may be given subject to conditions. 5 The conditions imposed on a consent by virtue of subsection (4)(b) may include conditions requiring, or otherwise providing for, the modification of the licence in such manner as the OGA considers appropriate. 6 In this section— “ Crown lease ” has the same meaning as in section 4; “ specified ”, in relation to a licence, means specified in, or determined in accordance with, the licence. Model clauses 7 1 The Secretary of State may make regulations prescribing model clauses for licences. 2 Subject to subsection (3), the model clauses, as they have effect at the time a licence is granted, are deemed to be incorporated into the licence. 3 The OGA may decide to exclude or modify one or more of those model clauses in the case of a particular licence. 4 Before making any regulations under this section, the Secretary of State must consult the OGA. Enforcement Offence to carry on unlicensed activities 8 1 It is an offence for a person to carry on an activity within section 2(3) at a controlled place unless, at the time the activity is carried on, that person— a has a licence for the carrying on of that activity at that place, or b is carrying on the activity on behalf of a person who has such a licence. 2 It is an offence for a person to cause or permit another person to commit an offence under subsection (1). 3 But subsections (1) and (2) are subject to section 3. 4 A person guilty of an offence under this section is liable— a on summary conviction, to a fine not exceeding the statutory maximum, or b on conviction on indictment, to a fine. Offences relating to licences 9 1 An offence is committed by a licence holder if— a a thing is done for which the licence specifies that the prior consent of the OGA or any other person is required, without that consent first having been obtained; b such a thing is done in circumstances where that consent was obtained subject to conditions and those conditions have not been satisfied; c the licence holder fails to keep records, give a notice or make a return or report, in accordance with the provisions of the licence; d the licence holder breaches any other provision of the licence which is specified, or of a description specified, in an order made by the Secretary of State. 2 In proceedings against a person for an offence under subsection (1), it is a defence for the person to prove that due diligence was exercised to avoid committing the offence. 3 It is an offence for a person to make a statement which the person knows to be false, or recklessly to make a statement which is false, in order to obtain— a a licence, or b the consent of the OGA or any other person for the purposes of any requirement imposed by virtue of section 6(4). 4 It is an offence for a person to fail to disclose information which the person knows, or ought to know, to be relevant to an application for— a a licence, or b the consent of the OGA or any other person for the purposes of any requirement imposed by virtue of section 6(4). 5 A person guilty of an offence under this section is liable— a on summary conviction, to a fine not exceeding the statutory maximum, or b on conviction on indictment, to a fine. OGA 's power of direction 10 1 This section applies if a licence holder fails to comply with any provision of the licence. 2 The OGA may direct the licence holder to take steps which the OGA considers necessary or appropriate to comply with the provision within a period specified in the direction. 3 The OGA must consult the licence holder before giving a direction under subsection (2). 4 If the licence holder fails to comply with a direction under subsection (2), the OGA may— a comply with the direction on behalf of the licence holder, or b make arrangements for another person to do so. 5 A person taking action by virtue of subsection (4) may— a do anything which the licence holder could have done, and b recover from the licence holder any reasonable costs incurred in taking the action. 6 A person (“P”) liable to pay any sum by virtue of subsection (5)(b) must also pay interest on that sum for the period beginning with the day on which the person taking action by virtue of subsection (4) notified P of the sum payable and ending with the date of payment. 7 The rate of interest payable in accordance with subsection (6) is a rate determined by the OGA as comparable with commercial rates. 8 The licence holder must provide a person taking action by virtue of subsection (4) with such assistance as the OGA may direct. 9 The power to give a direction under this section is without prejudice to any provision made in the licence with regard to the enforcement of any of its provisions. Failure to comply with a direction under section 10 11 1 It is an offence for a person to fail to comply with a direction under section 10, unless the person proves that due diligence was exercised in order to avoid the failure. 2 A person guilty of an offence under subsection (1) is liable— a on summary conviction, to a fine not exceeding the statutory maximum, or b on conviction on indictment, to a fine. Injunctions restraining breaches of section 2(1) 12 1 Where the OGA considers it necessary or expedient to restrain any actual or apprehended breach of section 2(1), the OGA may apply to the court for an injunction or, in Scotland, an interdict. 2 An application may be made whether or not the OGA has exercised or is proposing to exercise any of the other powers under this Chapter. 3 On an application under subsection (1), the court may grant such an injunction or interdict as the court thinks appropriate for the purpose of restraining the breach. 4 Rules of court may provide for an injunction or interdict to be issued against a person whose identity is unknown. 5 In this section “ the court ” means— a the High Court, or b in Scotland, the Court of Session. Inspectors 13 1 The OGA may appoint persons to act as inspectors to assist in carrying out the functions of the OGA under this Chapter. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 The Secretary of State may make regulations about— a the powers and duties of inspectors appointed under this section; b the powers and duties of any other person acting on the directions of the OGA in connection with a function under this Chapter; c the facilities and assistance to be accorded to persons mentioned in paragraph (a) or (b). 4 The powers conferred by virtue of subsection (3) may include powers of a kind specified in section 108(4) of the Environment Act 1995 (c. 25) (powers of entry, investigation, etc). 5 Any regulations under this section may provide for the creation of offences which are punishable— a on summary conviction by a fine not exceeding the statutory maximum or such lesser amount as is specified in the regulations, and b on conviction on indictment by a fine. 6 Before making any regulations under this section, the Secretary of State must consult the OGA. Criminal proceedings 14 1 Proceedings for a relevant offence may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom. 2 Section 3 of the Territorial Waters Jurisdiction Act 1878 (c. 73) (restriction on prosecutions) does not apply to any proceedings for a relevant offence. 3 Proceedings for a relevant offence alleged to have been committed in a controlled place may not be instituted in England and Wales except— a by the Secretary of State or a person authorised by the Secretary of State, or b by or with the consent of the Director of Public Prosecutions. 4 Proceedings for a relevant offence alleged to have been committed in a controlled place may not be instituted in Northern Ireland except— a by the Secretary of State or a person authorised by the Secretary of State, or b by or with the consent of the Director of Public Prosecutions for Northern Ireland. 5 In the application of subsection (3) or (4) to an offence created by regulations under section 13— a the words “alleged to have been committed in a controlled place” are to be omitted, ... b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 In this section “ relevant offence ” means an offence under this Chapter or created by regulations under section 13. Supplementary Interaction with the petroleum licensing requirements 15 1 This section applies where there is a licence for the recovery of gas stored in a controlled place. 2 The OGA may give a direction in respect of the place or any part of it (“the relevant stratum”). 3 The effect of the direction is that any operations under the licence to recover gas from the relevant stratum are not to be regarded as resulting in the boring for or getting of petroleum for the purposes of Part 1 of the Petroleum Act 1998 (c. 17). 4 A direction may be given only if the OGA is satisfied that the amount of petroleum which exists in its natural condition in the relevant stratum is so small that it ought to be disregarded for the purposes of that Part. 5 Where a direction has effect, if the OGA ceases to be satisfied as mentioned in subsection (4), the OGA must give the licence holder a notice revoking the direction and specifying a time for the purposes of subsection (6). 6 Where a notice is given under subsection (5), the revocation of the direction takes effect— a if an application for a petroleum licence in respect of the relevant stratum is made by the licence holder before the specified time, immediately before the time the application is determined or withdrawn, and b in any other case, at the specified time. 7 Before giving or revoking a direction, the OGA must consult the licence holder. 8 In this section— “ petroleum ” means petroleum to which section 3 of the Petroleum Act 1998 (c. 17) applies; “ petroleum licence ” means a licence under that section authorising a person to bore for and get petroleum. Interpretation Chapter 2: interpretation 16 In this Chapter— “ controlled place ” has the meaning given by section 2(4); “ gas ” has the meaning given by section 2(4); “ installation ” includes any floating structure or device maintained on a station by whatever means; “ licence ”, except where the context otherwise requires, means a licence under section 4, and “ licence holder ” is to be construed accordingly. “ the OGA ” means the Oil and Gas Authority. Chapter 3 Storage of carbon dioxide Activities requiring a licence Prohibition on unlicensed activities 17 1 No person may carry on an activity within subsection (2) except in accordance with a licence. 2 The activities are— a the use of a controlled place for the storage of carbon dioxide (with a view to its permanent disposal, or as an interim measure prior to its permanent disposal); b the conversion of any natural feature in a controlled place for the purpose of storing carbon dioxide (with a view to its permanent disposal, or as an interim measure prior to its permanent disposal); c the exploration of a controlled place with a view to, or in connection with, the carrying on of activities within paragraph (a) or (b); d the establishment or maintenance in a controlled place of an installation for the purposes of activities within this subsection. 3 In this section, “ controlled place ” means a place in, under or over— a the territorial sea, or b waters in a Gas Importation and Storage Zone. 3A In this section, “controlled place” also includes a place— a in England, Wales or Northern Ireland, or b in, under or over so much of the internal waters of the United Kingdom as are adjacent to England, Wales or Northern Ireland. 4 In relation to Scotland, “controlled place” includes— a a place in Scotland, or b a place within the seaward limits of the territorial sea adjacent to Scotland. Licensing Licences 18 1 The licensing authority may grant a licence to a person in respect of one or more activities within section 17(2). 2 The licensing authority is— a in the case of a licence in respect of activities within section 17(2)(a) to (c) and an offshore controlled place which is not in, under or over the territorial sea adjacent to Scotland a Scottish controlled place (an “offshore UK-controlled place”) , the OGA , b in the case of a licence in respect of activities within section 17(2)(a) to (c) and a controlled place which is in, under or over the territorial sea adjacent to Scotland Scottish controlled place , the Scottish Ministers, c in the case of a licence in respect of activities within section 17(2)(a) to (c) and an offshore controlled place only part of which is in, under or over the territorial sea adjacent to Scotland , either the OGA or the Scottish Ministers, ... ca in the case of a licence in respect of activities within section 17(2)(a) to (c) and an English controlled place, the OGA , cb in the case of a licence in respect of activities within section 17(2)(a) to (c) and a Welsh controlled place, the Welsh Ministers, cc in the case of a licence in respect of activities within section 17(2)(a) to (c) and a Northern Ireland controlled place, the Department of Enterprise, Trade and Investment in Northern Ireland, cd in the case of a licence in respect of activities within section 17(2)(a) to (c) and a controlled place part of which is a Welsh controlled place and the rest of which is an English controlled place or an offshore UK-controlled place (or a combination of such places), either the Welsh Ministers or the OGA , ce in the case of a licence in respect of activities within section 17(2)(a) to (c) and a controlled place part of which is a Northern Ireland controlled place and the rest of which is an offshore UK-controlled place, either the Department of Enterprise, Trade and Investment in Northern Ireland or the OGA , and d in the case of a licence in respect of activities within section 17(2)(d), whichever of the OGA , the Welsh Ministers, the Department of Enterprise, Trade and Investment in Northern Ireland or the Scottish Ministers licenses the activities for the purposes of which the installation is established or maintained; and in this Chapter references to the licensing authority in relation to a licence falling within paragraph (c) , (cd) or (ce) are references to the person who grants the licence or, if the licence has not yet been granted, to whom the application for the licence was made. 3 The controlled place in respect of which a licence is granted may be determined by reference to the provisions of a Crown lease which has been or may be granted. 4 For this purpose a “Crown lease” means (as the case may be)— a a lease of property forming part of the Crown Estate, or an authorisation to exercise rights forming part of that Estate (whether by virtue of section 1 or otherwise), or b a lease of property forming part of the Scottish assets, or an authorisation to exercise rights forming part of those assets (whether by virtue of section 1 or otherwise). 4ZA In subsection (4), “Scottish assets” means any property, rights and interests to which section 90B(5) of the Scotland Act 1998 applies. 4A In this section— “English controlled place” means a controlled place in England or in, under or over so much of the internal waters of the United Kingdom as are adjacent to England; “Northern Ireland controlled place” means a controlled place in Northern Ireland or in, under or over so much of the internal waters of the United Kingdom as are adjacent to Northern Ireland; “Welsh controlled place” means a controlled place in Wales or in, under or over so much of the internal waters of the United Kingdom as are adjacent to Wales. 5 In this section, “Scottish controlled place” means— a a controlled place in Scotland, or b a controlled place within the seaward limits of the territorial sea adjacent to Scotland. Requirements relating to grant of licences 19 1 Each licensing authority may by regulations make provision about the circumstances in which it may grant licences, including— a provision about the requirements to be met by or in relation to an applicant, and b provision about any other requirements which must be met for a licence to be granted. 2 Regulations under subsection (1)(a) may, in particular— a prescribe the persons, or classes of persons, by whom an application for a licence may be made; b prescribe the manner in which an application must be made; c prescribe the information which an application must contain and any documents which must accompany it; d require an application to be accompanied by a fee of an amount prescribed by, or determined in accordance with, the regulations; e require an applicant, before a licence is granted, to make arrangements (whether by way of trust or otherwise) to provide financial security in respect of the applicant's future obligations relating to the activities under the licence (whether those obligations will or may arise under the licence or otherwise). 2A Where the licensing authority is the OGA— a regulations under subsection (1) are to be made by the Secretary of State (and not by the OGA), b the Secretary of State must consult the OGA before making the regulations, and c subsection (2)(d) does not apply. 3 In subsection (1) “licensing authority” does not include the Welsh Ministers or the Department of Enterprise, Trade and Investment in Northern Ireland. Terms and conditions 20 1 A licence may be granted on such terms and subject to such conditions as the licensing authority considers appropriate, subject to regulations under section 21. 2 Subject to such regulations, a licence may, in particular, include provision of a kind mentioned in subsections (3) to (7). 3 A licence may include— a provision about the circumstances in which financial security (which may be provided by way of a trust or other arrangements) may be required in respect of the obligations mentioned in section 19(2)(e) (in addition to any security required by virtue of that section), and the form of any such security; b provision about the circumstances in which financial security may be released (in whole or in part); c provision enabling the licensing authority to review the licence in specified circumstances or at specified intervals; d provision enabling the licensing authority, after consulting the licence holder, to modify the licence in specified circumstances (with or without the consent of the licence holder); e provision preventing or enabling the licensing authority to prevent a licence holder, in specified circumstances, from carrying on an activity in respect of which the licence was granted; f provision about closure of a carbon storage facility; g provision about obligations of a licence holder between closure of a carbon storage facility and termination of the licence; h provision about termination of the licence (which may include provision about financial arrangements). 4 The provisions of a licence may be expressed by reference to provision made in a Crown lease and, in particular, may provide— a for the commencement of the licence to be conditional upon the commencement of a Crown lease which has been or may be granted in respect of the controlled place to which the licence relates or any part of that place; b for the period of the licence to be determined by reference to the period of such a Crown lease. 5 A licence may authorise, in such circumstances and subject to such conditions as are specified, the transfer of the licence to another person (or the inclusion of another person as a joint licence holder). 6 The provisions of a licence may include— a provision requiring the licence holder to obtain the prior written consent of the licensing authority or another person for specified acts or omissions; b provision providing that any such consent may be given subject to conditions. 7 The conditions imposed on a consent by virtue of subsection (6)(b) may include conditions requiring, or otherwise providing for, the modification of the licence in such manner as the licensing authority considers appropriate. 8 In this section— “ carbon storage facility ” means a controlled place, or part of a controlled place, in which carbon dioxide has been stored pursuant to a licence; “ closure ”, in relation to a carbon storage facility, means the point at which carbon dioxide has ceased to be added to the facility and the licence holder intends, or the licensing authority directs in accordance with the licence, that the cessation should be permanent; “ Crown lease ” has the same meaning as in section 18; “ specified ”, in relation to a licence, means specified in, or determined in accordance with, the licence. Content of licences: regulations 21 1 Each licensing authority may make regulations about the terms and conditions of licences granted by it. 2 Regulations under subsection (1) may specify that a licence must contain specified provisions or provisions of a specified description. 2A Where the licensing authority is the OGA— a regulations under subsection (1) are to be made by the Secretary of State (and not by the OGA), and b the Secretary of State must consult the OGA before making the regulations. 3 In subsection (1) “licensing authority” does not include the Welsh Ministers or the Department of Enterprise, Trade and Investment in Northern Ireland. Enforcement Offence to carry on unlicensed activities 22 1 It is an offence for a person to carry on an activity within section 17(2) at a controlled place unless, at the time the activity is carried on, that person— a has a licence for the carrying on of the activity at that place, or b is carrying on the activity on behalf of a person who has such a licence. 2 It is an offence for a person to cause or permit another person to commit the offence in subsection (1). 3 A person guilty of an offence under this section is liable— a on summary conviction, to a fine not exceeding £50,000 a fine , or b on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or both. 4 If the activity constituting the offence falls within section 17(2)(c), or relates to the establishment or maintenance of an installation for the purposes of an activity mentioned in that provision, subsection (3) has effect as if— a the reference to £50,000 were a reference to the statutory maximum, and b the reference to imprisonment were omitted. 4A If the activity constituting the offence is carried on at an English controlled place, a Welsh controlled place or a Northern Ireland controlled place, subsection (3) has effect as if the reference to £50,000 were a reference to the statutory maximum. 5 If the activity constituting the offence is carried out in a Scottish controlled place other than a place within the area of the territorial sea, subsection (3)(a) has effect as if the reference to £50,000 were a reference to £5,000. Offences relating to licences 23 1 An offence is committed by a licence holder if— a a thing is done for which the licence specifies that the prior consent of the licensing authority or any other person is required, without that consent first having been obtained; b such a thing is done in circumstances where that consent was obtained subject to conditions and those conditions have not been satisfied; c the licence holder fails to keep records, give a notice or make a return or report, in accordance with the provisions of the licence; d the licence holder breaches any other provision of the licence which is specified, or of a description specified, in an order made by the licensing authority. 1A But a licence holder does not commit an offence under subsection (1)(a) or (b) if— a the licence holder is a company, or, where there are joint licence holders, any of them is a company, and b the thing mentioned in subsection (1)(a) or (b) is a change in the control of the company. 2 In proceedings against a person for an offence under subsection (1), it is a defence for the person to prove that due diligence was exercised to avoid committing the offence. 3 A person guilty of an offence under subsection (1) is liable— a on summary conviction, to a fine not exceeding £50,000 a fine , or b on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or both. 4 If an offence under subsection (1) relates to an activity within section 17(2)(c), or relates to the establishment or maintenance of an installation for the purposes of an activity mentioned in that provision, subsection (3) has effect as if— a the reference to £50,000 were a reference to the statutory maximum, and b the reference to imprisonment were omitted. 5 It is an offence for a person to make a statement which the person knows to be false, or recklessly to make a statement which is false, in order to obtain— a a licence, or b the consent of the licensing authority or any other person for the purposes of any requirement imposed by virtue of section 20(6). 6 It is an offence for a person to fail to disclose information which the person knows, or ought to know, to be relevant to an application for— a a licence, or b the consent of the licensing authority or any other person for the purposes of any requirement imposed by virtue of section 20(6). 7 A person guilty of an offence under subsection (5) or (6) is liable— a on summary conviction, to a fine not exceeding the statutory maximum, or b on conviction on indictment, to a fine. 8 In subsection (1)(d) “licensing authority” does not include the Welsh Ministers or the Department of Enterprise, Trade and Investment in Northern Ireland. Licensing authority's power of direction 24 1 This section applies if a licence holder fails to comply with any provision of the licence. 2 The licensing authority may direct the licence holder to take steps which the licensing authority considers necessary or appropriate to comply with the provision within a period specified in the direction. 3 The licensing authority must consult the licence holder before giving a direction under subsection (2). 4 If the licence holder fails to comply with a direction under subsection (2), the licensing authority may— a comply with the direction on behalf of the licence holder, or b make arrangements for another person to do so. 5 A person taking action by virtue of subsection (4) may— a do anything which the licence holder could have done, and b recover from the licence holder any reasonable costs incurred in taking the action. 6 A person (“P”) liable to pay any sum by virtue of subsection (5)(b) must also pay interest on that sum for the period beginning with the day on which the person taking action by virtue of subsection (4) notified P of the sum payable and ending with the date of payment. 7 The rate of interest payable in accordance with subsection (6) is a rate determined by the licensing authority as comparable with commercial rates. 8 The licence holder must provide a person taking action by virtue of subsection (4) with such assistance as the licensing authority may direct. 9 The power to give a direction under this section is without prejudice to any provision made in the licence with regard to the enforcement of any of its provisions. Failure to comply with a direction under section 24 25 1 It is an offence for a person to fail to comply with a direction under section 24, unless the person proves that due diligence was exercised in order to avoid the failure. 2 A person guilty of an offence under subsection (1) is liable— a on summary conviction, to a fine not exceeding £50,000 a fine , or b on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or both. Injunctions restraining breaches of section 17(1) 26 A1 Where the OGA considers it necessary or expedient to restrain any actual or apprehended breach of section 17(1) in relation to an English controlled place, the OGA may apply to the High Court for an injunction. A2 Where the Welsh Ministers consider it necessary or expedient to restrain any actual or apprehended breach of section 17(1) in relation to a Welsh controlled place, they may apply to the High Court for an injunction. 1 Where the Scottish Ministers consider it necessary or expedient to restrain any actual or apprehended breach of section 17(1) in relation to a controlled place in, under or over the territorial sea adjacent to Scotland Scottish controlled place , they may apply to the Court of Session for an interdict. 1A Where the Department of Enterprise, Trade and Investment in Northern Ireland considers it necessary or expedient to restrain any actual or apprehended breach of section 17(1) in relation to a Northern Ireland controlled place, it may apply to the High Court for an injunction. 2 Where the OGA considers it necessary or expedient to restrain any ...actual or apprehended breach of section 17(1) in relation to an offshore UK-controlled place , the OGA may apply— a to the High Court for an injunction, or b to the Court of Session for an interdict. 3 An application may be made under this section whether or not the applicant has exercised or is proposing to exercise any of the other powers under this Chapter. 4 On an application under this section, the Court of Session may grant such an interdict, or the High Court may grant such an injunction, as it thinks appropriate for the purpose of restraining the breach. 5 Rules of court may provide for an injunction or interdict to be issued against a person whose identity is unknown. Inspectors 27 1 The following may appoint persons to act as inspectors to assist in carrying out their respective functions under this Chapter— a the OGA, b the Scottish Ministers, c the Welsh Ministers, and d the Department of Enterprise, Trade and Investment in Northern Ireland. 2 The following may make payments, by way of remuneration or otherwise, to inspectors appointed by them under this section— a the Scottish Ministers, b the Welsh Ministers, and c the Department of Enterprise, Trade and Investment in Northern Ireland. 3 The Secretary of State may make regulations about— a the powers and duties of inspectors appointed under this section; b the powers and duties of any other person acting on the directions of the OGA in connection with a function under this Chapter; c the facilities and assistance to be accorded to persons mentioned in paragraph (a) or (b). 4 The powers conferred by virtue of subsection (3) may include powers of a kind specified in section 108(4) of the Environment Act 1995 (c. 25) (powers of entry, investigation, etc). 5 Any regulations under this section may provide for the creation of offences which are punishable— a on summary conviction by a fine not exceeding the statutory maximum or such lesser amount as is specified in the regulations, and b on conviction on indictment by a fine. 6 Subsections (3) to (5) apply in relation to the Scottish Ministers and the functions of the Scottish Ministers under this Chapter as they apply in relation to the Secretary of State and the functions of the Secretary of State under this Chapter (reading the reference to the OGA in subsection (3)(b) as a reference to the Secretary of State) . 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Criminal proceedings 28 1 Proceedings for a relevant offence may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom. 2 Section 3 of the Territorial Waters Jurisdiction Act 1878 (c. 73) (restriction on prosecutions) does not apply to any proceedings for a relevant offence. 3 Proceedings for a relevant offence alleged to have been committed in an offshore controlled place may not be instituted in England and Wales except— a by the Secretary of State or a person authorised by the Secretary of State, or b by or with the consent of the Director of Public Prosecutions. 4 Proceedings for a relevant offence alleged to have been committed in an offshore controlled place may not be instituted in Northern Ireland except— a by the Secretary of State or a person authorised by the Secretary of State, or b by or with the consent of the Director of Public Prosecutions for Northern Ireland. 5 In the application of subsection (3) or (4) to an offence created by regulations under section 27— a the words “alleged to have been committed in an offshore controlled place ” are to be omitted, and b except in the case of an offence that relates to functions of the OGA under this Chapter, the references to a person authorised by the Secretary of State are to be read as references to an inspector appointed under that section. 6 In this section “ relevant offence ” means an offence under this Chapter or created by regulations under section 27. Registration Requirement for public register 29 1 The Secretary of State must maintain a register containing prescribed information relating to licences. 2 Information is not to be included in the register if— a the Secretary of State thinks that disclosure of the information would be contrary to the interests of national security, or b the licensing authority thinks that disclosure of the information would prejudice to an unreasonable degree a person's commercial interests. 3 Information excluded from the register by virtue of subsection (2)(b) is treated, subject to subsection (4), as ceasing to prejudice a person's commercial interests at the end of the period of 4 years beginning with the date on which the licensing authority made the decision to exclude it. 4 The licensing authority may, on the application of the person whose commercial interests are affected, decide whether the information should be included in the register at the end of the period mentioned in subsection (3) or should continue to be excluded. 5 Where information of any description is excluded from the register by virtue of subsection (2)(b), a statement is to be included in the register indicating the existence of information of that description. 6 The Secretary of State must— a secure that the register maintained under this section is available for inspection by the public free of charge, and b afford to members of the public facilities for obtaining copies of entries, on payment of a fee. 7 In this section “ prescribed ” means prescribed by regulations made by the Secretary of State. 8 The OGA must provide to the Secretary of State any information held by it that is required by the Secretary of State in order to comply with the requirements imposed by this section. Information about change in control of licence holder OGA’s power to require information about change in control of licence holder 29A 1 This section applies in relation to a licence granted (or having effect as if granted) by the OGA which includes provisions prohibiting a change in control of a licence holder which is a company without the OGA’s consent. 2 The OGA may by notice in writing require a person within subsection (3) to provide the OGA with any information that it requires for the purpose of exercising its functions in relation to a change or potential change in control of a licence holder which is a company. 3 The persons within this subsection are— a the company; b the person who (if consent were granted) would take control of the company; c if the company is a joint licence holder with another person or other persons, that other person or those other persons; d any person not within any of paragraphs (a) to (c) who appears to the OGA to have information that it requires as mentioned in subsection (2). 4 The power conferred by this section does not include power to require the provision of any information that would be protected from disclosure or production in legal proceedings on grounds of legal professional privilege or, in Scotland, confidentiality of communications. 5 Nothing in this section limits any power of the OGA to require information under— a regulations under this Chapter, b the terms of a licence, or c the terms of a permit granted under a licence. Abandonment of offshore infrastructure Abandonment of installations 30 1 Part 4 of the Petroleum Act 1998 (c. 17) ( referred to in this section and sections 30A and 30B as “ the 1998 Act ” ) applies in relation to a carbon storage installation as it applies in relation to an offshore installation within the meaning given by section 44 of the 1998 Act, subject to subsections (1A) to (2) and (4) and section 30A . 1A For the purposes of subsection (1), the amendments made to Part 4 of the 1998 Act by Schedule 2 to the Energy Act 2016 are to be disregarded. 1AA Part 4 of the 1998 Act, in its application in relation to carbon storage installations, has effect with the modifications set out in subsection (1AB). 1AB The modifications are as follows— a in section 30 of the 1998 Act, for subsections (5) and (6) substitute— 5 This subsection applies to a person in relation to a carbon storage installation if— a the person has the right— i to use a controlled place for the storage of carbon dioxide (with a view to its permanent disposal, or as an interim measure prior to its permanent disposal), ii to convert any natural feature in a controlled place for the purpose of storing carbon dioxide (with a view to its permanent disposal, or as an interim measure prior to its permanent disposal), or iii to explore a controlled place with a view to, or in connection with, the carrying on of the activities within sub-paragraph (i) or (ii), and b either— i any activity mentioned in subsection (6) is carried on from, by means of or on the installation, or ii the person intends to carry on an activity mentioned in that subsection from, by means of or on the installation, or if the person had such a right when any such activity was last so carried on. 6 The activities referred to in subsection (5) are— a the use of a controlled place for the storage of carbon dioxide (with a view to its permanent disposal, or as an interim measure prior to its permanent disposal) in the exercise of the right mentioned in subsection (5)(a); b the conversion of any natural feature in a controlled place for the purpose of storing carbon dioxide (with a view to its permanent disposal, or as an interim measure prior to its permanent disposal) in the exercise of the right mentioned in subsection (5)(a); c the exploration of a controlled place in the exercise of the right mentioned in subsection (5)(a) with a view to, or in connection with, the carrying on of activities within paragraph (a) or (b) of this subsection; d the conveyance in the controlled place mentioned in subsection (5)(a) of carbon dioxide by means of a pipe or system of pipes, in the exercise of the right mentioned in subsection (5)(a); and e the provision of accommodation for persons who work on or from an installation which is or has been maintained, or is intended to be established, for the carrying on of an activity falling within any of paragraphs (a) to (d) of this subsection. ; b in section 30(7) of that Act, in the words before paragraph (a), for “(c)” substitute “(e)” ; c in section 31 of that Act, for subsection (B1) substitute— B1 This subsection applies to an activity if— a where the activity is within paragraph (a), (b) or (c) of section 30(6), the controlled place mentioned in that paragraph is one for which the installation is, or is to be, established or maintained; b where the activity is within paragraph (d) of section 30(6), the conveyance of the carbon dioxide relates to a controlled place for which the installation is, or is to be, established; c where the activity is within paragraph (e) of section 30(6), the installation is in a controlled place in respect of which P has a licence under section 18 of the Energy Act 2008. ; d in section 31 of that Act, omit subsection (C1); e in section 45 of that Act, in the appropriate place insert— “ controlled place ” has the same meaning as in section 17 of the Energy Act 2008; . 2 In relation to a carbon storage installation established or maintained at a controlled place under a licence granted by the Scottish Ministers— a the functions conferred on the Secretary of State by Part 4 of the 1998 Act are exercisable by the Scottish Ministers rather than the Secretary of State (and, accordingly, sections 38C(9) and 39(6) of the 1998 Act are to be read as if each of those sections imposed a requirement that regulations under the section concerned are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010) ), and b the Scottish Ministers may make regulations providing that that Part applies with such other modifications as may be specified in the regulations. 3 For the purposes of subsection (2), orders under section 33(1) are to be disregarded and installations used for a purpose ancillary to getting petroleum (within the meaning of section 1 of the 1998 Act) are not to be treated as carbon storage installations. 4 In relation to any other carbon storage installation, the Secretary of State may make regulations providing that Part 4 of the 1998 Act applies in relation to such an installation with such modifications as may be specified in the regulations. 4A The power in subsection (4)— a may (in particular) be exercised to make modifications corresponding to the amendments made by Schedule 2 to the Energy Act 2016, and b is subject to section 30A. 4B The powers in subsections (2)(b) and (4) include power to amend or repeal subsections (1AA) and (1AB). 5 In this section and section 30A , “ carbon storage installation ” means an installation which is or has been maintained, or is intended to be established, for the purposes of an activity mentioned in section 17(2)(a), (b) or (c) to which subsection (6) applies . 6 This subsection applies to any activity which is carried on from, by means of or on an installation which is established or maintained in the water, or on the foreshore or other land intermittently covered with water, and is not connected with dry land by a permanent structure providing access at all times and for all purposes. Change of use relief for certain installations 30A 1 The Secretary of State may , on an application made by a relevant person, by notice designate an installation as an eligible CCS installation. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3A The Secretary of State must consult the Oil and Gas Authority before deciding— a whether to designate an installation under subsection (1); b whether to make a certification under subsection (5)(b). 4 An eligible CCS installation qualifies for change of use relief if— a the Secretary of State has given a CCS-related abandonment programme notice to a person in relation to the abandonment of the installation, and b the trigger event has occurred in relation to the installation. 4A In subsection (4) “ CCS-related abandonment programme notice ” means an abandonment programme notice given under section 29 of the 1998 Act in that section’s application in relation to carbon storage installations (by virtue of section 30 of this Act). 5 The trigger event occurs in relation to an eligible CCS installation when— a a decommissioning fund (as defined in section 92(7) of the Energy Act 2023) has been established for providing security for the discharge of liabilities in respect of decommissioning costs in relation to the installation, and b the Secretary of State certifies by notice in writing (an “approval notice”) that one or more relevant persons have paid into the fund an amount or amounts the total of which is not less than the required amount. 5A In subsection (5)— a “ relevant person ” means a person of a description specified in regulations made by the Secretary of State; b “ the required amount ” means an amount determined by the Secretary of State in accordance with regulations made by the Secretary of State. 5B Where the Secretary of State gives an approval notice in relation to an eligible CCS installation the Secretary of State must— a give a copy of the approval notice to every person to whom a notice has been given under section 29(1) of the 1998 Act in relation to the installation, and b publish a notice that— i specifies the installation, and ii states that the Secretary of State has given an approval notice under subsection (5)(b) in relation to it. 6 Where an eligible CCS installation qualifies for change of use relief— a an abandonment programme notice must not be served on a person who is within section 30(1) of the 1998 Act only because one or more of subsections (7) to (9) applies in relation to the person (but this does not affect the validity of a notice served on any such person before the installation qualified for change of use relief), and b a proposal must not be made under section 34(1)(b) of the 1998 Act if the effect of the proposal (if implemented) would be to impose an abandonment liability on a person who is within section 34(2)(a) of the 1998 Act only because one or more of subsections (7) to (10) applies in relation to the person. 7 This subsection applies in relation to a person if— a the person is within paragraph (b) of section 30(1) of the 1998 Act in relation to the installation only by virtue of the fact that the person had a right mentioned in section 30(5)(a) of that Act when an activity mentioned in section 30(6) of that Act was last carried on from, by means of or on the installation, and b any such activity was last so carried on before the trigger event occurred in relation to the installation. 8 This subsection applies in relation to a person if— a the person is within paragraph (ba) of section 30(1) of the 1998 Act in relation to the installation, and b the transfer mentioned in sub-paragraph (i) of that paragraph took place before the trigger event occurred in relation to the installation. 9 This subsection applies in relation to a person if the person is within paragraph (e) of section 30(1) of the 1998 Act only by virtue of being associated with a body corporate which is within subsection (7) or (8). 10 This subsection applies in relation to a person if the person has been within any of paragraphs (a), (b), (c), (d) or (e) of section 30(1) of the 1998 Act in relation to the installation, but only at a time— a when the installation was an offshore installation (within the meaning given by section 44 of the 1998 Act), and b before the trigger event occurred in relation to the installation. 11 The power conferred by subsection (1) does not include a power to revoke a notice given under that subsection. 11A The Secretary of State must publish a notice given under subsection (1). 12 In this section— “ abandonment liability ”, in relation to an installation, means a duty to secure that an abandonment programme for the installation is carried out; “ abandonment programme ”, in relation to an installation, means a programme in respect of the installation approved, or having effect as if approved, by the Secretary of State under section 32 of the 1998 Act; “ abandonment programme notice ” means a notice served under section 29(1) of the 1998 Act; “ captured carbon dioxide ” means carbon dioxide that has been produced by, or in connection with, commercial electricity generation and captured with a view to its disposal by way of permanent storage; “ carbon dioxide ”, has the same meaning as in Part 1 of the Energy Act 2010 (see section 7 of that Act); ... “ decommissioning costs ” has the meaning given by section 92 of the Energy Act 2023; “ relevant person ” means a person to whom a notice may be given under section 29(1) of the 1998 Act in relation to an offshore installation (within the meaning given by section 44 of the 1998 Act); “ Scotland ” has the same meaning as in the Scotland Act 1998 (see section 126(1) of that Act). 13 Section 30(8) to (9) of the 1998 Act (when one body corporate is associated with another) apply for the purposes of this section. Change of use relief: carbon storage network pipelines 30B 1 The Secretary of State may , on an application made by a relevant person, by notice designate a submarine pipeline as an eligible carbon storage network pipeline . 1A The Secretary of State must consult the Oil and Gas Authority before deciding— a whether to designate a pipeline under subsection (1); b whether to make a certification under subsection (3)(b). 2 An eligible carbon storage network pipeline qualifies for change of use relief if— a the Secretary of State has given a CCS-related abandonment programme notice to a person in relation to the abandonment of the pipeline, and b the trigger event has occurred in relation to the pipeline. 2A In subsection (2) “ CCS-related abandonment programme notice ” means an abandonment programme notice under section 29 of the 1998 Act given at a time when the pipeline is used, or is to be used wholly or mainly— a for the purpose of disposing of carbon dioxide by way of geological storage, or b as a licensable means of transportation. 3 The trigger event occurs in relation to an eligible carbon storage network pipeline when— a a decommissioning fund (as defined in section 92(7) of the Energy Act 2023) has been established for providing security for the discharge of liabilities in respect of decommissioning costs in relation to the pipeline, and b the Secretary of State certifies by notice in writing (an “approval notice”) that one or more relevant persons have paid into the fund an amount or amounts the total of which is not less than the required amount. 3A In subsection (3)— a “ relevant person ” means a person of a description specified in regulations made by the Secretary of State; b “ the required amount ” means an amount determined by the Secretary of State in accordance with regulations made by the Secretary of State. 3B Where the Secretary of State gives an approval notice in relation to an eligible carbon storage network pipeline, the Secretary of State must— a give a copy of the approval notice to every person to whom a notice has been given under section 29(1) of the 1998 Act in relation to the pipeline, and b publish a notice that— i specifies the pipeline, and ii states that the Secretary of State has given an approval notice under subsection (3)(b) in relation to it. 4 Where an eligible carbon storage network pipeline qualifies for change of use relief, a proposal must not be made under section 34(1)(b) of the 1998 Act if the effect of the proposal (if implemented) would be to impose an abandonment liability on a person who is within section 34(2)(b) of the 1998 Act only because subsection (5) applies in relation to the person. 5 This subsection applies in relation to a person if the person has been within any of paragraphs (a) to (c) of section 3