The Storage of Carbon Dioxide (Licensing etc.) Regulations 2010

• (i) any director, manager, secretary or other similar officer of the body corporate; or

• (ii) any person who was purporting to act in any such capacity;

• (b) “partner”, in relation to a Scottish partnership, includes any person who was purporting to act as a partner in the partnership.

• (6) In paragraph (5) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

• (7) Where the commission by any person of an offence under this regulation is due to the act or default of some other person, that other person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings for the offence are taken against the first-mentioned person.

SCHEDULE3 — Powers of inspectors

1

The powers of an inspector are—

• (a) to enter, at any reasonable time (or, in an emergency, at any time) any premises, which the inspector has reason to believe it is necessary to enter;

• (b) on entering any premises by virtue of sub-paragraph (a), to—

• (i) be accompanied by any other inspector and, if the inspector has reasonable cause to apprehend any serious obstruction in the execution of the inspector’s duty, a constable; and

• (ii) take any equipment or materials that the inspector considers may be required for any purpose for which the power of entry is being exercised;

• (c) to make such examination and investigation as the inspector considers necessary, and for this purpose to install or maintain monitoring or other apparatus on the premises;

• (d) to direct that those premises or any part of them, or anything in or on them, shall be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purposes of any examination or investigation under sub-paragraph (c);

• (e) to take such measurements and photographs and make such recordings as the inspector considers necessary for the purpose of any examination or investigation under sub-paragraph (c);

• (f) to take samples or cause samples to be taken of any thing found in or on the premises or in any air, water, land or seabed (including the subsoil of the seabed) in, on or in the vicinity of, the premises;

• (g) in the case of any thing found in or on the premises, cause it to be dismantled or subjected to any process or test (but not so as to damage or destroy it unless that is necessary);

• (h) in the case of any thing mentioned in sub-paragraph (g), take possession of it and detain it for so long as is necessary for all or any of the following purposes—

• (i) to examine it, or cause it to be examined and do to it anything which the inspector has power to do under that sub-paragraph;

• (ii) to ensure that it is not tampered with before the examination of it is completed; and

• (iii) to ensure that it is available for use as evidence in any proceedings for an offence under these Regulations or under Chapter 3 of the Energy Act 2008;

• (i) to require any person who the inspector has reasonable cause to believe is able to give any information relevant to any examination or investigation under sub-paragraph (c)—

• (i) to attend at a place and time specified by the inspector;

• (ii) to answer (in the absence of any person other than persons whom the inspector may allow to be present and a person nominated to be present by the person on whom the requirement is imposed) such questions as the inspector thinks fit to ask; and

• (iii) to sign a declaration of truth of that person’s answers;

• (j) to require the production of (or where the information is recorded in computerised form, the furnishing of extracts from), and inspect and take copies of or of any entry in—

• (i) any records which are required to be kept by virtue of any provision of any licence or storage permit;

• (ii) any records which the inspector considers it necessary to see for the purposes of any examination or investigation under sub-paragraph (c); and

• (k) to require any person to afford the inspector such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as the inspector considers are necessary to enable the inspector to exercise any of the powers conferred by these Regulations and this Schedule.

2

Where an inspector proposes to exercise the power conferred by paragraph 1(g) in the case of a thing found on any premises, the inspector must, if so requested by a person who at the time is present on and has responsibilities in relation to those premises, cause anything which is to be done by virtue of that power to be done in the presence of that person.

3

Before exercising the power conferred by paragraph 1(g), an inspector must consult—

• (a) such persons having duties on the premises where the thing is to be dismantled or subjected to the process or test; and

• (b) such other persons,

as appear to the inspector appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which the inspector proposes to do or cause to be done under the power.

Review

1A

• (1) Before the end of each review period, the Secretary of State must—

• (a) carry out a review of regulations 1(2) to 20;

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

• (c) publish the report.

• (2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the Directive (which is implemented by means of regulations 1(2) to 20) is implemented in other member States.

• (3) The report must in particular—

• (a) set out the objectives intended to be achieved by the regulatory system established by regulations 1(2) to 20;

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

• (c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

• (4) In this regulation, “review period” means—

• (a) the period of five years beginning with the day on which this regulation comes into force; and

• (b) subject to paragraph (5), each successive period of five years.

• (5) If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.

Change in control of licence holder

6

• (1) This paragraph applies if—

• (a) the licence holder is a company, or

• (b) where two or more persons are joint licence holders, any of those persons is a company,

and references in this paragraph to a company are to such a company.

• (2) A change in control of a company is not permitted without the consent of the authority.

• (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 authority 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 authority 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 authority proposes to grant consent subject to any condition or to refuse consent, the authority 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 authority must decide an application within three months of receiving it, but the authority may delay its decision by notifying the interested parties in writing.

• (8) Conditions as mentioned in sub-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 the licence, and

• (c) financial conditions.

• (9) The authority’s decision on the application, and any conditions as mentioned in sub-paragraph (5)(b), must be notified in writing to the interested parties.

• (10) In this paragraph “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 is a joint licence holder with another person or other persons, that other person or those other persons.

• (11) For the purposes of this paragraph, “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, but read as if—

• (a) for the words “the greater part” wherever they occur in section 450(3), there were substituted “one-third or more”,

• (b) in section 451(4) and (5), for “may” there were substituted “must”, and

• (c) in section 451(4) and (5), any reference to an associate of a person included only—

• (i) a relative (as defined in section 448(2) of that Act) of the person,

• (ii) a partner of the person, and

• (iii) a trustee of a settlement (as defined in section 620 of the Income Tax (Trading and Other Income) Act 2005) of which the person is a beneficiary.

Revocation of licence re change in control

7

• (1) This paragraph applies in connection with a change in control of a licence holder which is a company (see paragraph 6).

• (2) In the event of—

• (a) any breach or non-observance by the company of any of the terms of paragraph 6,

• (b) any breach of a condition (imposed in accordance with paragraph 6) subject to which the authority gave its consent to a change in control of the company, or

• (c) any failure to provide full and accurate information in response to a notice given by the authority to the company under section 29A,

the authority may, by giving the company and any joint licence holders notice in writing, revoke the licence with effect from the date specified in the notice.

Partial revocation of licence re change in control

8

• (1) This paragraph applies if two or more persons are joint licence holders and any of them is a company.

• (2) If an event mentioned in paragraph 7(2)(a), (b) or (c) occurs in connection with a change in control of the company, the authority may exercise the power in paragraph 7 to revoke the licence in so far as it applies to that company (without revoking it in so far as it applies to the other person or persons who are joint licence holders).