The Pollution Prevention and Control (Fees) (Miscellaneous Amendments and Other Provisions) Regulations 2015

Made: 25th June 2015

Laid before Parliament: 30th June 2015

Coming into force: 22nd July 2015

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 56(1) and (2) of the Finance Act 1973[^f00001], section 302(1) of the Merchant Shipping Act 1995[^f00002] and sections 67(2) and (3)(b) and 316(1)(a) of the Marine and Coastal Access Act 2009[^f00003], and with the consent of the Treasury[^f00004]:

Citation and commencement

1

• (1) These Regulations may be cited as the Pollution Prevention and Control (Fees) (Miscellaneous Amendments and Other Provisions) Regulations 2015.

• (2) These Regulations come into force on 22nd July 2015.

Fees relating to oil pollution emergency plans

2

• (1) This regulation applies where the Secretary of State’s functions referred to in paragraph (2) relate to—

• (a) oil handling facilities which are pipelines;

• (b) oil handling facilities which would be offshore installations were they in offshore waters;

• (c) offshore installations and their connected infrastructure in offshore waters; or

• (d) well operations.

• (2) The Secretary of State may charge fees, calculated in accordance with regulation 7, in respect of—

• (za) providing advice with respect to the preparation of—

• (i) an oil pollution emergency plan,

• (ii) an amended oil pollution emergency plan, or

• (iii) a description of amendments to be made to an oil pollution emergency plan;

• (a) considering, and approving,—

• (i) an oil pollution emergency plan,

• (ii) an amended oil pollution emergency plan, or

• (iii) a description of amendments to be made to an oil pollution emergency plan,

submitted under regulation 4 of the OPPR Regulations;

• (b) requiring a responsible person to review an oil pollution emergency plan under regulation 4(5D) of the OPPR Regulations;

• (c) requiring evidence by written notice under regulation 4(9)(f) of the OPPR Regulations and considering that evidence;

• (d) monitoring the implementation of an oil pollution emergency plan (or an amended plan) submitted under regulation 4 of the OPPR Regulations; and

• (e) monitoring compliance with the duties in regulation 4 of the OPPR Regulations (including carrying out an inspection under regulation 8 of those Regulations).

• (3) In this regulation—

• “the OPPR Regulations” means the Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) Regulations 1998[^f00005]; and

• “offshore installations”, “offshore waters”, “oil handling facilities”, “oil pollution emergency plan”, “responsible person” and “well operations” have the meanings given in the OPPR Regulations.

Fees relating to offshore installations: Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015

3

• (1) The Secretary of State may charge fees, calculated in accordance with regulation 7, in respect of—

• (a) providing advice with respect to the preparation of—

• (i) a safety case or a revision to a current safety case,

• (ii) a design notification,

• (iii) a relocation notification,

• (iv) a notification of combined operations or well operations,

which is proposed to be sent to the competent authority pursuant to the 2015 Safety Case Regulations;

• (b) assessing—

• (i) a safety case or a revision to a current safety case,

• (ii) a design notification,

• (iii) a relocation notification,

• (iv) a notification of combined operations or well operations,

sent to the competent authority pursuant to the 2015 Safety Case Regulations, for the purpose of deciding whether to raise matters relating to the environment and raising such matters;

• (c) monitoring compliance by operators (including well operators) and owners with the duties in the 2015 Safety Case Regulations in so far as those duties relate to the environment; and

• (d) assessing whether to grant an exemption pursuant to regulation 35 (exemptions) of the 2015 Safety Case Regulations and granting any such exemption.

• (2) In this regulation—

• (a) “the 2015 Safety Case Regulations” means the Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015[^f00006]; and

• (b) “competent authority”, “design notification”, “a notification of combined operations or well operations”, “operator”, “owner”, “relocation notification”, “safety case” and “well operator” have the meanings given in the 2015 Safety Case Regulations.

Fees relating to offshore installations: Fluorinated Greenhouse Gases Regulations 2015

4

• (1) This regulation applies where the Secretary of State’s functions referred to in paragraph (2) relate to—

• (a) offshore installations, other than an offshore installation which is used in connection with the production of energy from water or wind; or

• (b) Northern Ireland offshore installations which are used in connection with any of the activities referred to in regulation 4(4)(a) to (g) (interpretation: offshore installations) of the 2015 Regulations.

• (2) The Secretary of State may charge fees, calculated in accordance with regulation 7, in respect of—

• (a) serving a notice requiring information under regulation 24 (information notices) of the 2015 Regulations; and

• (aa) providing advice with respect to—

• (i) labelling requirements under—

• (aa) Article 2 (labelling format) of Commission Regulation 2015/2068, or

• (bb) Article 12 (labelling, product and equipment information) of the 2014 Regulation,

• (ii) training and certification requirements established under Article 10 (training and certification) of the 2014 Regulation, or

• (iii) the reporting requirements established under Article 20 (collection of emissions data) of the 2014 Regulation;

• (b) monitoring whether a person is meeting the requirements of—

• (i) the 2015 Regulations,

• (ii) the 2014 Regulation,

• (iii) Commission Regulation 1497/2007,

• (iv) Commission Regulation 1516/2007,

• (v) Commission Regulation 304/2008,

• (vi) Commission Regulation 306/2008,

• (vii) Commission Regulation 2015/2066,

• (viii) Commission Regulation 2015/2067, and

• (ix) Commission Regulation 2015/2068.

• (3) In this regulation—

• (a) “the 2015 Regulations” means the Fluorinated Greenhouse Gases Regulations 2015[^f00007]; ...

• (b) “the 2014 Regulation”, “Commission Regulation 1497/2007”, “Commission Regulation 1516/2007”, “Commission Regulation 304/2008”, Commission Regulation 306/2008”, “Northern Ireland offshore installations” and “offshore installations” have the meanings given in the 2015 Regulations;

• (c) “Commission Regulation 2015/2066” means Commission Implementing Regulation (EU) 2015/2066 establishing, pursuant to Regulation (EU) No 517/2014 of the European Parliament and of the Council, minimum requirements and the conditions for mutual recognition for the certification of natural persons carrying out installation, servicing, maintenance, repair or decommissioning of electrical switchgear containing fluorinated greenhouse gases or recovery of fluorinated greenhouse gases from stationary electrical switchgear;

• (d) “Commission Regulation 2015/2067” means Commission Implementing Regulation (EU) 2015/2067 establishing, pursuant to Regulation (EU) No 517/2014 of the European Parliament and of the Council, minimum requirements and the conditions for mutual recognition for the certification of natural persons as regards stationary refrigeration, air conditioning and heat pump equipment, and refrigeration units of refrigerated trucks and trailers, containing fluorinated greenhouse gases and for the certification of companies as regards stationary refrigeration, air conditioning and heat pump equipment, containing fluorinated greenhouse gases; and

• (e) “Commission Regulation 2015/2068” means Commission Implementing Regulation (EU) 2015/2068 establishing, pursuant to Regulation (EU) No 517/2014 of the European Parliament and of the Council, the format of labels for products and equipment containing fluorinated greenhouse gases.

Fees relating to certain licences under regulation 55 of the Conservation of Offshore Marine Habitats and Species Regulations 2017

5

• (1) The Secretary of State may charge fees, calculated in accordance with regulation 7, in respect of—

• (a) providing advice with respect to—

• (i) an application or potential application for, or

• (ii) the modification, transfer, surrender, revocation or refusal of,

a relevant habitats licence;

• (b) the modification, transfer, surrender or revocation of, or considering an application for but not granting, a relevant habitats licence; or

• (c) monitoring compliance with the conditions of a relevant habitats licence.

• (2) In paragraph (1) “a relevant habitats licence” means a licence under regulation 55 (power to grant licences) of the Conservation of Offshore Marine Habitats and Species Regulations 2017 which relates to an activity falling within the subject matter of—

• (a) the Petroleum Act 1998; or

• (b) Part 1 (gas importation or storage), Part 4 (provisions relating to oil and gas storage) or Part 4A (works detrimental to navigation) of the Energy Act 2008.

Fees relating to certain marine licence applications

6

• (1) This regulation applies where the Secretary of State’s functions referred to in paragraph (2) relate to oil and gas activities for which a marine licence is needed under Part 4 of the MCAA.

• (2) The Secretary of State may charge fees, calculated in accordance with regulation 7, in connection with—

• (a) granting, refusing, varying, transferring, surrendering, suspending or revoking a marine licence;

• (b) monitoring compliance with—

• (i) the requirements of Part 4 of the MCAA; and

• (ii) a marine licence;

• (c) issuing or renewing a stop notice under section 102 of the MCAA, and varying or revoking a stop notice under section 103 of the MCAA;

• (d) issuing an emergency safety notice under section 104 of the MCAA, and varying or revoking an emergency safety notice under section 105 of the MCAA; and

• (e) providing advice with respect to—

• (i) an application or potential application for a marine licence;

• (ii) the variation, transfer, surrender, suspension or revocation of a marine licence;

• (iii) the issue or renewal of a stop notice under section 102 of the MCAA, and the variation or revocation of a stop notice under section 103 of the MCAA; and

• (iv) the issue of an emergency safety notice under section 104 of the MCAA, and the variation or revocation of an emergency safety notice under section 105 of the MCAA.

• (3) In this regulation “the MCAA” means the Marine and Coastal Access Act 2009.

Calculation of fees

7

• (1) A fee referred to in regulations 2 to 6 is $(A×B)+(C×D)$ where—

• A is the number of hours work carried out by specialist officers;

• B is £210;

• C is the number of hours work carried out by non-specialist officers; and

• D is £114.

• (2) For the purposes of paragraph (1), the number of hours work may be expressed as a fraction where—

• (a) less than one hour’s work has been carried out; or

• (b) the total amount of time worked is more than one hour but cannot be expressed as a whole number in hours.

• (3) In this regulation—

• “specialist officers” means persons engaged on behalf of the Secretary of State to—carry out the functions of the Secretary of State referred to in regulations 2 to 5B; anddetermine the applications referred to in regulation 6; and

• “non-specialist officers” means any other persons engaged on behalf of the Secretary of State to provide administrative support to specialist officers.

Amendment of the Offshore Petroleum Production and Pipelines (Assessment of Environmental Effects) Regulations 1999

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001

9

After regulation 20 (service of notices and other documents) of the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001[^f00012], insert—

(20A) (1) The Secretary of State may charge fees in respect of— (a) granting, rejecting, modifying, transferring, surrendering or revoking consent under regulation 4(1); (b) making an appropriate assessment under regulation 5(1) where that assessment is made only to support a decision on a specific application for a consent, authorisation or approval; (c) consulting appropriate nature conservation bodies on any matter under these Regulations; (d) giving a certification under regulation 6(1)(b); (e) determining compensatory measures under regulation 6(3) and securing that such measures are taken; (f) giving, modifying or revoking a direction under regulation 7; and (g) reviewing the appropriateness of a direction under regulation 8. (2) A fee charged under paragraph (1) is $(A×B)+(C×D)$ where— - A is the number of hours work carried out by specialist officers; - B is £167; - C is the number of hours work carried out by non-specialist officers; and - D is £72. (3) For the purposes of paragraph (2), the number of hours work may be expressed as a fraction where— (a) less than one hour’s work has been carried out; or (b) the total amount of time worked is more than one hour but cannot be expressed as a whole number in hours. (4) Any fee must be paid on demand. (5) In this regulation, “specialist officers” means persons engaged on behalf of the Secretary of State to carry out the functions of the Secretary of State referred to in paragraph (1) and “non-specialist officers” means any other persons engaged on behalf of the Secretary of State to provide administrative support to those specialist officers.

Signed

Andrea Leadsom — Minister of State — Department of Energy and Climate Change — 24th June 2015

We consent

David Evennett — George Hollingbery — Two of the Lords Commissioners of Her Majesty’s Treasury — 25th June 2015

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations make provision to charge fees in relation to activities carried out by the Secretary of State relating to the environmental regulation of the offshore oil and gas industry.

Regulation 2 provides for fees relating to certain activities under the Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) Regulations 1998.

Regulation 3 provides for fees relating to certain activities under the Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015.

Regulation 4 provides for fees relating to certain activities under the Fluorinated Greenhouse Gases Regulations 2015.

Regulation 5 provides for fees relating to certain licences under regulation 49 of the Offshore Marine Conservation (Natural Habitats etc.) Regulations 2007.

The fees under regulations 2 to 5 are to be calculated in accordance with regulation 7.

Regulation 6 provides that fees for applications for certain licences under section 71 of the Marine and Coastal Access Act 2009 are to be calculated in accordance with regulation 7.

Regulations 8 and 9 amend the Offshore Petroleum Production and Pipelines (Assessment of Environmental Effects) Regulations 1999 and the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001 to include a power to charge fees in relation to certain activities under those Regulations.

An impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is annexed to the Explanatory Memorandum which is available alongside these Regulations on www.legislation.gov.uk.

Footnotes

[^f00001]: 1973 c.51.

[^f00002]: 1995 c.21.

[^f00003]: 2009 c.23. The Secretary of State makes these Regulations as the appropriate licensing authority under section 113(2)(a), (4)(a), (6)(a) and (8) of the Marine and Coastal Access Act 2009.

[^f00004]: The consent of the Treasury is required to make regulations under section 56(1) of the Finance Act 1973 and section 302(1) of the Merchant Shipping Act 1995.

[^f00005]: S.I. 1998/1056, as amended by S.I. 2009/229 and S.I. 2015/386.

[^f00007]: S.I. 2015/310.

[^f00011]: S.I. 1999/360. S.I. 1999/360 was amended by S.I. 2007/933 and S.I. 2011/1043 and has effect with modifications as a result of S.I. 2010/1513.

[^f00012]: S.I. 2001/1754. S.I. 2001/1754 was amended by S.I. 2007/77, S.I. 2007/1842 and S.I. 2010/1513 and has effect with modifications as a result of S.I. 2010/1513.

Editorial notes

[^key-df78fcdbc48075b45b20cbbf0f8901e2]: Reg. 1 in force at 22.7.2015, see reg. 1(2)

[^key-d4943b732e6bb6018de16db59f4d4db2]: Reg. 2 in force at 22.7.2015, see reg. 1(2)

[^key-1c25ea914e09bcaefc29a51925600c47]: Reg. 3 in force at 22.7.2015, see reg. 1(2)

[^key-64516f83fae651211338da792adb9dfc]: Reg. 4 in force at 22.7.2015, see reg. 1(2)

[^key-5a0fa5e8c130ee06e6db54ca867ea4d9]: Reg. 7 in force at 22.7.2015, see reg. 1(2)

[^key-3b698413fade1b6aaa697e43b92de2b6]: Reg. 9 in force at 22.7.2015, see reg. 1(2)

[^key-a76986a995ea42ce945a3a469b429b2b]: Reg. 2(2)(za) inserted (1.6.2016) by The Pollution Prevention and Control (Fees) (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/529), regs. 1(2), 2(2)

[^key-54af731e1a65f775e1abf2027711310c]: Reg. 4(2)(aa) inserted (1.6.2016) by The Pollution Prevention and Control (Fees) (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/529), regs. 1(2), 2(3)

[^key-df6feb80f620e6457e549d449140f006]: Reg. 5 substituted (1.6.2016) by The Pollution Prevention and Control (Fees) (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/529), regs. 1(2), 2(4)

[^key-0cbb1c4445eed6941834aa17f9f9042d]: Reg. 5A inserted (1.12.2016) by The Pollution Prevention and Control (Fees) (Miscellaneous Amendments) (No. 2) Regulations 2016 (S.I. 2016/1042), regs. 1, 2(1)

[^key-1d0488638d785b0af934948b663804ef]: Reg. 6 substituted (1.12.2016) by The Pollution Prevention and Control (Fees) (Miscellaneous Amendments) (No. 2) Regulations 2016 (S.I. 2016/1042), regs. 1, 2(2)

[^key-ebdda982de2677a48c7348b96c099037]: Reg. 5B inserted (6.4.2017) by The Pollution Prevention and Control (Fees) (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/404), regs. 1, 4(5)

[^key-1dedb445d96573613350fd59dd7b1f1a]: Reg. 4(2)(aa)(i)(aa) substituted (6.4.2017) by The Pollution Prevention and Control (Fees) (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/404), regs. 1, 4(1)

[^key-6ee19b56621ebc8cbe98719c704160a2]: Reg. 4(2)(b)(iii)-(ix) substituted for reg. 4(2)(b)(iii)-(vii) (6.4.2017) by virtue of The Pollution Prevention and Control (Fees) (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/404), regs. 1, 4(2)

[^key-43210a584359cab27e2a38f290d3a7f5]: Word in reg. 4(3)(a) omitted (6.4.2017) by virtue of The Pollution Prevention and Control (Fees) (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/404), regs. 1, 4(3)

[^key-50e5d15b149e907381857810dbc1b66b]: Reg. 4(3)(b)-(e) substituted for reg. 4(3)(b) (6.4.2017) by virtue of The Pollution Prevention and Control (Fees) (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/404), regs. 1, 4(4)

[^key-ab6ce891327d9e2c145e1b70453df527]: Words in reg. 5 heading substituted (1.4.2018) by The Oil and Gas Authority (Levy) and Pollution Prevention and Control (Fees) (Amendment) Regulations 2018 (S.I. 2018/311), regs. 1, 10(a)

[^key-9b7439fb6a0d6366f7571ee91b28818c]: Words in reg. 5(2) substituted (1.4.2018) by The Oil and Gas Authority (Levy) and Pollution Prevention and Control (Fees) (Amendment) Regulations 2018 (S.I. 2018/311), regs. 1, 10(b)

[^key-bd0006f14f67c9ed180f0f3e4ca5578e]: Word in reg. 7(3) substituted (1.4.2018) by The Oil and Gas Authority (Levy) and Pollution Prevention and Control (Fees) (Amendment) Regulations 2018 (S.I. 2018/311), regs. 1, 10(c)

[^key-3c8c0706d725891314c08d4e60e8734e]: Reg. 8 omitted (31.12.2020 immediately before 11 p.m.) by virtue of The Offshore Oil and Gas Exploration, Production, Unloading and Storage (Environmental Impact Assessment) Regulations 2020 (S.I. 2020/1497), regs. 1(1), 2(4)(a) (with reg. 1(2)-(6), 20)

[^key-55715178a0961c8c7ccb33adac6862ba]: Words in reg. 5B(3)(c) substituted (3.5.2023) by The Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023 (S.I. 2023/424), art. 1(2), Sch. para. 60 (with art. 17)

[^key-9c42e10557e18f6a76dd07ba21c057ad]: Sum in reg. 7(1) substituted (2.7.2025) by The Pollution Prevention and Control (Fees) (Miscellaneous Amendments) Regulations 2025 (S.I. 2025/782), regs. 1(2), 4(a)

[^key-01658d1cb3c40419298e1f75757aecf3]: Sum in reg. 7(1) substituted (2.7.2025) by The Pollution Prevention and Control (Fees) (Miscellaneous Amendments) Regulations 2025 (S.I. 2025/782), regs. 1(2), 4(b)

Fees relating to consents to locate

5A

• (1) The Secretary of State may charge fees, calculated in accordance with regulation 7, in connection with—

• (a) giving, refusing, varying, renewing, transferring, surrendering or revoking a consent to locate;

• (b) monitoring compliance with—

• (i) the requirements of Part 4A of the EA; and

• (ii) a consent to locate;

• (c) serving an emergency safety notice under section 82F of the EA;

• (d) revoking the requirements of an emergency safety notice under section 82G(8) of the EA; and

• (e) providing advice with respect to—

• (i) an application or potential application for a consent to locate;

• (ii) the variation, renewal, transfer, surrender or revocation of a consent to locate;

• (iii) the service of an emergency safety notice under section 82F of the EA; and

• (iv) the revocation of the requirements of an emergency safety notice under section 82G(8) of the EA.

• (2) In this regulation—

• (a) “the EA” means the Energy Act 2008; and

• (b) “a consent to locate” means a consent under section 82A of the EA.

Fees relating to certain marine licences

Calculation of fees

Amendment of the Offshore Petroleum Production and Pipelines (Assessment of Environmental Effects) Regulations 1999

Amendment of the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001

Fees relating to offshore undertakings: Energy Savings Opportunity Scheme Regulations 2014

5B

• (1) This regulation applies where the Secretary of State’s functions referred to in paragraph (2) are in respect of an offshore undertaking, or a participant for which it has been agreed that the Secretary of State will act as the compliance body in accordance with regulation 6(2) of the ESOS Regulations.

• (2) The Secretary of State may charge fees, calculated in accordance with regulation 7, in respect of monitoring compliance with the requirements of the ESOS Regulations.

• (3) In this regulation—

• (a) “the ESOS Regulations” means the Energy Savings Opportunity Scheme Regulations 2014[^f00011];

• (b) “compliance body”, “offshore undertaking” and “participant” have the meanings given in the ESOS Regulations; and

• (c) “Secretary of State” means the Secretary of State for Energy Security and Net Zero.

Fees relating to certain marine licences

Calculation of fees

Amendment of the Offshore Petroleum Production and Pipelines (Assessment of Environmental Effects) Regulations 1999

Amendment of the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001