LegalizeThe Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016
Regulation 2 makes provision for the continuity of acts, instruments and documents relating to functions being transferred to the OGA. In particular, it provides that any instrument (e.g., licence) made before the relevant date has effect, so far as is appropriate in connection with a transferred function, as if references to the Secretary of State were or included references to the OGA. It also provides for the continuing validity of things done before the transfer of functions. Regulation 3 provides for a review by the Secretary of State of regulation 2.
Regulations 5, 6, 13 to 15, 19, 23 and 25 make consequential amendments to regulations relating to functions transferred to the OGA, as well as making provision for the Secretary of State to review those regulations, where appropriate. Those functions concern the licensing of petroleum exploration and production, the licensing of the storage and unloading of combustible gas (including exploration) and the licensing of the storage of carbon dioxide (in England and Wales). The amendments made to the model clauses for licences by regulations 13(24)(a), (26), (34)(a) and (43), 14(14), (16), (23)(a) and (27) and 15(13)(a), (19)(a) and (24) retain references to “Minister” in those provisions which relate to the Secretary of State’s environmental, conservation or pollution prevention obligations.
Regulations 4, 7 to 12, 16, 18, 20, 21, 24 and 26 make consequential amendments to legislation relating to other matters to reflect the role of the OGA, as well as making provision for the Secretary of State to review those regulations, where appropriate. The legislation relates to the taxation of oil and gas (regulation 4); the Secretary of State’s environmental, conservation and pollution prevention obligations (regulations 7 to 10, 12, 16, 21); the obligations of the Health and Safety Executive in relation to offshore installations (regulations 11 and 24); the licensing of the storage of carbon dioxide in Scotland (regulation 18) and town and country planning (in England and Wales, regulations 20 and 26).
Regulations 14(2), 17(3), 22 and 25(5) revoke existing provisions relating to the fees charged by the Secretary of State for applications for licences and various consents, which in future will be charged by the OGA instead.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.
Footnotes
1972 c. 68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7). Section 57(1) of the Scotland Act 1998 (c. 46) provides that despite the transfer to the Scottish Ministers of functions in relation to observing and implementing obligations under Community law, any function of a Minister of the Crown shall continue to be exercisable by that Minister as regards Scotland for the purposes specified in section 2(2) of the European Communities Act 1972.
1998 c. 17. Section 4 is amended by section 48(6) of the Scotland Act 2016 (c. 11), which has not yet been commenced.
The OGA is defined as the Oil and Gas Authority in section 1(4) of the Energy Act 2016.
Minister of the Crown is defined in section 2(6) of the Energy Act 2016 as having the same meaning as the Ministers of the Crown Act 1975 (c. 26).
S.I. 1982/92, to which there are amendments not relevant to these Regulations.
S.I. 1995/1436, amended by S.I. 2009/229 and 2015/766; there are other amending instruments but none is relevant.
S.I. 2001/1754, amended by S.I. 2007/77, 2007/1842 and 2010/1513; there are other amending instruments but none is relevant.
The Directives are defined in regulation 2(1) of S.I. 2001/1754 as the Habitats Directive and the Wild Birds Directive (which are further defined in that regulation).
S.I. 2002/1355, amended by S.I. 2005/2055, 2010/1513 and 2011/982; there are other amending instruments but none is relevant.
S.I. 2005/2055, amended by S.I. 2011/983; there are other amending instruments but none is relevant.
S.I. 2005/3117, amended by S.I. 2009/229 and 2015/398.
OJ No L 348, 28.11.92, p. 9.
S.I. 2007/1842, amended by S.I. 2010/1513; there are other amending instruments but none is relevant.
S.I. 2008/225, amended by S.I. 2009/229 and S.I. 2009/3283.
S.I. 2010/1513, to which there are amendments not relevant to these Regulations.
OJ No L 175, 5.7.1985, p. 40, amended by Council Directive 97/11/EC (OJ No L 73, 14.3.1997, p. 5), Directive 2003/35/EC of the European Parliament and of the Council (OJ No L 156, 25.6.2003, p. 17) and Directive 2009/31/EC of the European Parliament and of the Council (OJ No L 140, 5.6.2009, p. 114).
OJ No L 140, 5.6.2009, p. 128.
OJ No L 206, 22.7.1992, p. 7, amended by Council Directive 97/62/EC (OJ No L 305, 8.11.1997, p. 42).
OJ No L 20, 26.1.2010, p. 7.
S.I. 2010/2221. Regulation 3 is amended by paragraph 79 of the Energy Act 2016, which has not yet been commenced; there are other amending instruments but none is relevant.
The Directive is defined in regulation 1(3) of S.I. 2010/2221 as Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide.
S.S.I. 2011/24, to which there are amendments not relevant to these Regulations.
S.I. 2012/801, to which there are amendments not relevant to these Regulations.
Editorial notes
Reg. 1 in force at 1.10.2016, see reg. 1(1)
Reg. 2 in force at 1.10.2016, see reg. 1(1)
Reg. 3 in force at 1.10.2016, see reg. 1(1)
Reg. 4 in force at 1.10.2016, see reg. 1(1)
Reg. 5 in force at 1.10.2016, see reg. 1(1)
Reg. 6 in force at 1.10.2016, see reg. 1(1)
Reg. 8 in force at 1.10.2016, see reg. 1(1)
Reg. 9 in force at 1.10.2016, see reg. 1(1)
Reg. 10 in force at 1.10.2016, see reg. 1(1)
Reg. 11 in force at 1.10.2016, see reg. 1(1)
Reg. 12 in force at 1.10.2016, see reg. 1(1)
Reg. 13 in force at 1.10.2016, see reg. 1(1)
Reg. 14 in force at 1.10.2016, see reg. 1(1)
Reg. 15 in force at 1.10.2016, see reg. 1(1)
Reg. 16 in force at 1.10.2016, see reg. 1(1)
Reg. 17 in force at 1.10.2016, see reg. 1(1)
Reg. 18 in force at 1.10.2016, see reg. 1(1)
Reg. 19 in force at 1.10.2016, see reg. 1(1)
Reg. 20 in force at 1.10.2016, see reg. 1(1)
Reg. 21 in force at 1.10.2016, see reg. 1(1)
Reg. 22 in force at 1.10.2016, see reg. 1(1)
Reg. 23 in force at 1.10.2016, see reg. 1(1)
Reg. 24 in force at 1.10.2016, see reg. 1(1)
Reg. 25 in force at 1.10.2016, see reg. 1(1)
Reg. 26 in force at 1.10.2016, see reg. 1(1)
Reg. 7 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)(c) (with reg. 1(2)-(6), 20)
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