The Scotland Act 2016 and Onshore Petroleum (Consequential, Transitional and Saving Provisions and Model Clauses) Regulations 2018

JurisdictionUK Non-devolved
CitationSI 2018/56
Year2018
(1) These Regulations may be cited as the Scotland Act 2016 and Onshore Petroleum (Consequential, Transitional and Saving Provisions and Model Clauses) Regulations 2018.(2) These Regulations come into force immediately after section 48 of the Scotland Act 2016.(3) An amendment or modification made by these Regulations has the same extent as the provision to which it relates.(1) The Hydrocarbons Licensing Directive Regulations 1995 (2) After regulation 1, insert—
    (1A) Application
  • (1) Except for regulations 2, 4 and 5(2) , these Regulations do not apply in relation to a licence in respect of an area within the Scottish onshore area.
  • (2) In this regulation, “Scottish onshore area” has the meaning given in section 8A(3) of the Petroleum Act 1998 .
.
Except for regulations 2, 4 and 5(2) , these Regulations do not apply in relation to a licence in respect of an area within the Scottish onshore area.In this regulation, “Scottish onshore area” has the meaning given in section 8A(3) of the Petroleum Act 1998 .(3) In regulation 5(2) , for “invites” substitute “ or the Scottish Ministers invite ”.(1) The Petroleum Licensing (Exploration and Production) (Landward Areas) Regulations 2014 (2) After regulation 1, insert—
    (1A) Application
  • (1) Except for regulations 1(2) and 2(1A) and Schedules 2A and 3A, these Regulations do not apply in relation to a landward petroleum exploration licence or a petroleum exploration and development licence in respect of an area within the Scottish onshore area.
  • (2) In this regulation, “Scottish onshore area” has the meaning given in section 8A(3) of the Petroleum Act 1998.
.
Except for regulations 1(2) and 2(1A) and Schedules 2A and 3A, these Regulations do not apply in relation to a landward petroleum exploration licence or a petroleum exploration and development licence in respect of an area within the Scottish onshore area.In this regulation, “Scottish onshore area” has the meaning given in section 8A(3) of the Petroleum Act 1998.(3) In regulation 1(2) , for the definition of “landward area” substitute—
    landward area” means an area of Great Britain that is within the baselines established by any Order in Council under section 1(1) (b) of the Territorial Sea Act 1987 (extension of territorial sea) .
.
(4) After regulation 2(1) , insert—
  • (1A) For the purposes of section 4(1B) of the Petroleum Act 1998
  • (a) the model clauses prescribed for petroleum exploration and development licences are those set out in Schedule 2A; and
  • (b) the model clauses prescribed for landward petroleum exploration licences are those set out in Schedule 3A.
the model clauses prescribed for petroleum exploration and development licences are those set out in Schedule 2A; andthe model clauses prescribed for landward petroleum exploration licences are those set out in Schedule 3A.(5) Omit Schedule 1.(6) After Schedule 2, insert Schedule 2A as set out in Schedule 1 to these Regulations.(7) After Schedule 3, insert Schedule 3A as set out in Schedule 2 to these Regulations.(1) The Petroleum Licensing (Application) Regulations 2015 for the definition of “landward area” substitute—
    landward area” means an area of Great Britain that is within the baselines established by any Order in Council under section 1(1) (b) of the Territorial Sea Act 1987 (extension of territorial sea) ;
;
for the definition of “low water line” substitute—
    low water line” means the line so marked on the Ordnance map on a scale of 1:25,000 in the case of maps relating to Great Britain, and 1:50,000 in the case of maps relating to Northern Ireland, in the edition for the areas to which they respectively relate last published prior to the date on which these Regulations are made;
, and
for paragraph (a) in the definition of “seaward area” substitute—
  • (a) islands on the seaward side of the baselines around Great Britain established by any Order in Council under section 1(1) (b) of the Territorial Sea Act 1987,
.
islands on the seaward side of the baselines around Great Britain established by any Order in Council under section 1(1) (b) of the Territorial Sea Act 1987,(3) At the beginning of regulation 3(1) , insert “ Subject to paragraph (1A) , ”.(4) After regulation 3(1) , insert—
  • (1A) These Regulations do not apply in relation to a landward petroleum exploration licence or a petroleum exploration and development licence in respect of an area within the Scottish onshore area.
  • (1B) In this regulation, “Scottish onshore area” has the meaning given in section 8A(3) of the Petroleum Act 1998.
These Regulations do not apply in relation to a landward petroleum exploration licence or a petroleum exploration and development licence in respect of an area within the Scottish onshore area.In this regulation, “Scottish onshore area” has the meaning given in section 8A(3) of the Petroleum Act 1998.(5) Omit Schedule 1.(1) The Oil and Gas Authority (Fees) Regulations 2016 (2) After regulation 1, insert—
    (1A) Application
  • (1) These Regulations do not apply in relation to a petroleum licence in respect of an area within the Scottish onshore area.
  • (2) In this regulation, “Scottish onshore area” has the meaning given in section 8A(3) of the Petroleum Act 1998.
.
These Regulations do not apply in relation to a petroleum licence in respect of an area within the Scottish onshore area.In this regulation, “Scottish onshore area” has the meaning given in section 8A(3) of the Petroleum Act 1998.
  • In this Part, “
  • in clauses or parts of clauses corresponding to clause 1(1) of the relevant Schedule, in the definition of “Block”, for the words “London, SW1” there were substituted “ Glasgow, G2 8LU ”;in clauses or parts of clauses corresponding to clauses 4(1) (a) or 5(1) of the relevant Schedule, the words “to payment of those sums hereinafter provided for and” were omitted;clauses or parts of clauses corresponding to clauses 9, 25(5) , 31, 32 or 36(2) (a) of the relevant Schedule were omitted;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .except in the definition of “the OGA”, references to “the OGA” (including references having effect as such) , “the Secretary of State” or “the Minister” were references to “the Scottish Ministers”.(2) Any existing licence has effect as if the clauses in Schedule 3 to these Regulations were incorporated in the licence.(3) Paragraph (1) does not apply to any clause incorporated under paragraph (2) .(4) In this regulation, “the relevant Schedule” means Schedule 6 to the Petroleum Licensing (Exploration and Production) (Seaward and Landward Areas) Regulations 2004 .(1) This regulation applies until any legislation made by the Scottish Ministers or Scottish Parliament relating to any matter to which the Hydrocarbons Licensing Directive Regulations 1995 relate comes into force.(2) In relation to any application for a licence to be determined by the Scottish Ministers or any licence granted by the Scottish Ministers under section 3 of the Petroleum Act 1998

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