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

Citation, commencement and extent

1.—(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.

Hydrocarbons Licensing Directive Regulations 1995

2.—(1) The Hydrocarbons Licensing Directive Regulations 1995³are amended as follows.

(2) After regulation 1, insert—

(3) In regulation 5(2), for “invites” substitute “or the Scottish Ministers invite”.

Petroleum Licensing (Exploration and Production) (Landward Areas) Regulations 2014

3.—(1) The Petroleum Licensing (Exploration and Production) (Landward Areas) Regulations 2014⁵are amended as follows.

(2) After regulation 1, insert—

(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)⁶.”.

(4) After regulation 2(1), insert—

(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.

Petroleum Licensing (Application) Regulations 2015

4.—(1) The Petroleum Licensing (Application) Regulations 2015⁷are amended as follows.

(2) In regulation 2—

(a)

(a) 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);”;

(b)

(b) 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

(c)

(c) for paragraph (a) in the definition of “seaward area” substitute—

“(a)

“(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,”.

(3) At the beginning of regulation 3(1), insert “Subject to paragraph (1A),”.

(4) After regulation 3(1), insert—

(5) Omit Schedule 1.

Oil and Gas Authority (Fees) Regulations 2016

5.—(1) The Oil and Gas Authority (Fees) Regulations 2016⁸are amended as follows.

(2) After regulation 1, insert—

Interpretation

6. In this Part, “existing licence” has the meaning given in section 49(5) of the Scotland Act 2016⁹.

Amendment to existing licences

7.—(1) Subject to paragraph (3), any existing licence has effect as if—

(a)

(a) 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”;

(b)

(b) 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;

(c)

(c) clauses or parts of clauses corresponding to clauses 9 to 11, 25(1)(e) and (5), 31, 32 or 36(2)(a) of the relevant Schedule were omitted;

(d)

(d) any reference to a clause corresponding to clause 10 of the relevant Schedule were omitted, and

(e)

(e) 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 2004¹⁰.

Transitional modification of the Hydrocarbons Licensing Directive Regulations 1995

8.—(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 1998¹¹, the Hydrocarbons Licensing Directive Regulations 1995 have effect as if they had been made by the Scottish Ministers.

(3) 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, the Hydrocarbons Directive Licensing Regulations 1995 have effect as if—

(a)

(a) regulation 1A as inserted by regulation 2(2) of these Regulations were omitted, and

(b)

(b) with the exception of regulation 5(2), references to “the OGA” were references to “the Scottish Ministers”.

Transitional modification of the Petroleum Licensing (Exploration and Production) (Landward Areas) Regulations 2014

9.—(1) This regulation applies until the Scottish Ministers exercise section 4(1)(e) of the Petroleum Act 1998¹².

(2) Subject to paragraph (3), in relation to any licence granted by the Scottish Ministers under section 3 of the Petroleum Act 1998, the 2014 Regulations have effect as if they had been made by the Scottish Ministers.

(3) Paragraph (2) does not apply for the purposes of regulation 2(1A) and Schedules 2A and 3A as inserted by regulation 3(4), (6) and (7) of these Regulations.

(4) In relation to any licence granted by the Scottish Ministers under section 3 of the Petroleum Act 1998, the 2014 Regulations have effect as if—

(a)

(a) regulation 1A as inserted by regulation 3(2) of these Regulations were omitted;

(b)

(b) in Schedule 2—

(c)

(c) in Schedule 3—