The Scotland Act 2016, Wales Act 2017 and Onshore Petroleum (Consequential, Transitional and Saving Provisions and Model Clauses) Regulations 2018
| Jurisdiction | UK Non-devolved |
2018 No. 980
Petroleum
Devolution
The Scotland Act 2016, Wales Act 2017 and Onshore Petroleum (Consequential, Transitional and Saving Provisions and Model Clauses) Regulations 2018
Made 5th September 2018
Laid before Parliament 10th September 2018
Coming into force 1st October 2018
The Secretary of State for Business, Energy and Industrial Strategy, in exercise of the powers conferred by section 4(1B), (2) and (3) of the Petroleum Act 19981, sections 49(1) and (3) and 71(1), (2), (5) and (6) of the Scotland Act 20162, and sections 24(1), (2) and (4), 69(2), (3), (4) and (5) and 70(2), (3), (4) and (7) of the Wales Act 20173and having consulted the Oil and Gas Authority in accordance with section 4(3ZA) of the Petroleum Act 1998, makes the following Regulations.
PART 1
General
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Scotland Act 2016, Wales Act 2017 and Onshore Petroleum (Consequential, Transitional and Saving Provisions and Model Clauses) Regulations 2018 and come into force on 1st October 2018.
(2) An amendment or modification made by these Regulations has the same extent as the provision to which it relates.
PART 2
Amendments to secondary legislation
Hydrocarbons Licensing Directive Regulations 1995
2.—(1) The Hydrocarbons Licensing Directive Regulations 19954are amended as follows.
(2) In regulation 1A(1), after “the Scottish onshore area” insert “or the Welsh onshore area”.
(3) In regulation 1A(2), after “the Petroleum Act 1998” insert “and “Welsh onshore area” has the meaning given in section 8A(5) of that Act”5.
(4) In regulation 5(2), for “the OGA or the Scottish Ministers invite” substitute “the OGA, the Scottish Ministers or the Welsh Ministers invite”.
Petroleum (Production) (Landward Areas) Regulations 1995
3.—(1) The Petroleum (Production) (Landward Areas) Regulations 19956are amended as follows.
(2) In regulation 2, after the entry for “supplementary seismic survey licence”—
(a)
(a) omit “and”;
(b)
(b) insert ““Welsh onshore area” has the meaning given by section 8A of the Petroleum Act 1998; and”.
(3) In regulation 3(1A), after “Scottish onshore area” insert “or the Welsh onshore area”.
Petroleum Licensing (Exploration and Production) (Landward Areas) Regulations 2014
4.—(1) The Petroleum Licensing (Exploration and Production) (Landward Areas) Regulations 20147are amended as follows.
(2) After regulation 1A(1), insert—
“1A Except for regulations 1(2) and 2(1A) and Schedules 2B and 3B, 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 Welsh onshore area.”.
(3) In regulation 1A(2), after “the Petroleum Act 1998” insert “and “Welsh onshore area” has the meaning given in section 8A(5) of that Act”.
(4) For regulation 2(1A) substitute —
“1A For the purposes of section 4(1B) of the Petroleum Act 1998—
(a) the model clauses prescribed for petroleum exploration and development licences granted by the Scottish Ministers are those set out in Schedule 2A;
(b) the model clauses prescribed for petroleum exploration and development licences granted by the Welsh Ministers are those set out in Schedule 2B;
(c) the model clauses prescribed for landward petroleum exploration licences granted by the Scottish Ministers are those set out in Schedule 3A; and
(d) the model clauses prescribed for landward petroleum exploration licences granted by the Welsh Ministers are those set out in Schedule 3B.”.
(5) After Schedule 2A, insert Schedule 2B as set out in Schedule 1 to these Regulations.
(6) After Schedule 3A, insert Schedule 3B as set out in Schedule 2 to these Regulations.
Petroleum Licensing (Applications) Regulations 2015
5.—(1) The Petroleum Licensing (Applications) Regulations 20158are amended as follows.
(2) In regulation 3(1A), after “the Scottish onshore area” insert “or the Welsh onshore area”.
(3) In regulation 3(1B), after “the Petroleum Act 1998” insert “and “Welsh onshore area” has the meaning given in section 8A(5) of that Act”.
Oil and Gas Authority (Fees) Regulations 2016
6.—(1) The Oil and Gas Authority (Fees) Regulations 20169are amended as follows.
(2) In regulation 1A(1), after “Scottish onshore area” insert “ or the Welsh onshore area”.
(3) In regulation 1A(2), after “Petroleum Act 1998” insert “ and “Welsh onshore area” has the meaning given in section 8A(5) of that Act”.
Scotland Act 2016 and Onshore Petroleum (Consequential, Transitional and Saving Provisions and Model Clauses) Regulations 2018
7.—(1) The Scotland Act 2016 and Onshore Petroleum (Consequential, Transitional and Saving Provisions and Model Clauses) Regulations 201810are amended as follows.
(2) For regulation 7(1)(c) substitute—
“(c)
“(c) clauses or parts of clauses corresponding to clauses 9, 25(5), 31, 32 or 36(2)(a) of the relevant Schedule were omitted;”.
(3) Omit regulation 7(1)(d).
(4) For regulation 9(4)(b)(v) substitute—
“(v)
“(v) the following were omitted—
(aa) clause 12;
(bb) clause 30(5);
(cc) clauses 36 and 37;
(dd) clause 41(2)(a);
(ee) clause 44(4), and”.
PART 3
Amendments to existing Welsh licences
Interpretation
8. In this Part, “existing Welsh licence” means a licence, granted before the day on which section 23 of the Wales Act 2017 comes into force11, under—
(a) section 3 of the Petroleum Act 199812, or
(b) section 2 of the Petroleum (Production) Act 193413,
in respect of an area all of which is within the Welsh onshore area14or which has effect as if it comprised such an area as a result of a direction made under section 24(3)(a) of the Wales Act 2017.
Amendments to existing Welsh licences incorporating model clauses prescribed in Schedule 3 to the Petroleum (Production) (Landward Areas) Regulations 1995
9.—(1) Subject to paragraph (2), any existing Welsh licence which incorporates clauses or parts of clauses prescribed in Schedule 3 to the Petroleum (Production) (Landward Areas) Regulations 199515has effect as if—
(a)
(a) in clauses or parts or clauses corresponding to clause 1(1) of that Schedule—
(i) in the definition of “block”, for the words “London, SW1” there were substituted “Cardiff, CF10 3NQ”, and
(ii) the definitions of “appropriate percentage” and “chargeable period” were omitted;
(b)
(b) in clauses or parts or clauses corresponding to clause 2 of that Schedule, for the words “London, SW1” there were substituted “Cardiff, CF10 3NQ”;
(c)
(c) in clauses or parts or clauses corresponding to clauses 4(1) or 5(1) of that Schedule, the words “paying the payments and royalties hereinafter provided and” were omitted;
(d)
(d) clauses or parts or clauses corresponding to clauses 9 to 11, 27(5), 33, 34 or 38(2)(a) of that Schedule were omitted, and
(e)
(e) references to “the OGA” (including references having effect as such), the “Secretary of State” or “the Minister” were references to “the Welsh Ministers”.
(2) Paragraph (1) does not apply to any clause incorporated under regulation 12.
Amendments to existing Welsh licences incorporating model clauses prescribed in Schedule 6 to the Petroleum Licensing (Exploration and Production) (Seaward and Landward Areas) Regulations 2004
10.—(1) Subject to paragraph (2), any existing Welsh licence which incorporates clauses or parts of clauses prescribed in Schedule 6 to the Petroleum Licensing (Exploration and Production) (Seaward and Landward Areas) Regulations 200416has effect as if—
(a)
(a) in clauses or parts of clauses corresponding to clause 1(1) of that Schedule, in the definition of “Block”, for the words “London, SW1” there were substituted “Cardiff, CF10 3NQ”;
(b)
(b) in clauses or parts of clauses corresponding to clauses 4(1)(a) or 5(1) of that Schedule, the words “to payments of those sums hereinafter provided for and” were omitted;
(c)
(c) clauses or parts of clauses corresponding to clauses 9, 25(5), 31, 32 or 36(2)(a) of that Schedule were omitted, and
(d)
(d) references to “the OGA” (including references having effect as such), the “Secretary of State” or “the Minister” were references to “the Welsh Ministers”.
(2) Paragraph (1) does not apply to any clause incorporated under regulation 12.
Amendments to existing Welsh licences incorporating model clauses prescribed in Schedule 2 to the Petroleum Licensing (Exploration and Production) (Landward Areas) Regulations 2014
11.—(1) Subject to paragraph (2), any existing Welsh licence which incorporates clauses or parts of clauses prescribed in Schedule 2 to the Petroleum Licensing (Exploration and Production) (Landward Areas) Regulations 2014 has effect as if—
(a)
(a) in clauses or parts or clauses corresponding to clause 1(1) of that Schedule, in the definition of “Block”, for the words “London, SW1” there were substituted “Cardiff, CF10 3NQ”;
(b)
(b) in clauses or parts or clauses corresponding to clause 5(1)(a) or 7(1) of...
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