Energy Bill (HC Bill 92)

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Department of Energy and Climate
Change, are published separately as Bill 92—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Secretary Amber Rudd has made the following statement under section 19(1)(a) of
the Human Rights Act 1998:

In my view the provisions of the Energy Bill [HL] are compatible with the Convention
rights.

Contents

  1. Part 1

    The OGA

    1. The OGA and its core functions

      1. 1. The OGA

      2. 2. Transfer of functions to the OGA

      3. 3. Transfer of property, rights and liabilities to the OGA

      4. 4. Transfer of staff to the OGA

      5. 5. Transfer schemes: supplementary

      6. 6. Pensions

      7. 7. Contracting out of functions to the OGA

    2. Greenhouse gases

      1. 8. Transportation and storage of greenhouse gases

    3. Exercise of functions

      1. 9. Matters to which the OGA must have regard

      2. 10. Directions: national security and public interest

      3. 11. Directions: requirements to notify Secretary of State

    4. Information and samples

      1. 12. Power of Secretary of State to require information and samples

    5. Funding

      1. 13. Powers of the OGA to charge fees

      2. 14. Levy on licence holders

      3. 15. The licensing levy: regulations

      4. 16. Payments and financial assistance

    6. Review

      1. 17. Review of OGA and guidance from Secretary of State

  2. Part 2

    Further functions of the OGA relating to offshore petroleum

    1. Chapter 1

      Introduction

      1. 18. Overview of Part 2

      2. 19. Interpretation of Part 2

    2. Chapter 2

      Disputes

      1. 20. Qualifying disputes and relevant parties

      2. 21. Reference of disputes to the OGA

      3. 22. Action by the OGA on a dispute reference

      4. 23. Power of the OGA to consider disputes on its own initiative

      5. 24. Procedure for consideration of disputes

      6. 25. Power of the OGA to acquire information

      7. 26. Power of the OGA to require attendance at meetings

      8. 27. Appeals against decisions of the OGA: disputes

    3. Chapter 3

      Information and samples

      1. Interpretation

        1. 28. Petroleum-related information and samples

      2. Retention

        1. 29. Retention of information and samples

        2. 30. Retention: supplementary

      3. Information and samples plans

        1. 31. Information and samples plans: termination of rights under offshore licences

        2. 32. Preparation and agreement of information and samples plans

        3. 33. Changes to information and samples plans

        4. 34. Information and samples plans: supplementary

      4. Power to require information and samples

        1. 35. Power of the OGA to require information and samples

      5. Coordinators

        1. 36. Information and samples coordinators

      6. Appeals

        1. 37. Appeals against decisions of the OGA: information and samples plans

    4. Chapter 4

      Meetings

      1. 38. Meetings: interpretation

      2. 39. Duty to inform the OGA of meetings

      3. 40. Participation by the OGA in meetings

      4. 41. Provision of information to the OGA after meetings

      5. 42. Notices

    5. Chapter 5

      Sanctions

      1. Power to give sanction notices

        1. 43. Power of OGA to give sanction notices

      2. Sanction notices

        1. 44. Enforcement notices

        2. 45. Financial penalty notices

        3. 46. Amount of financial penalty

        4. 47. Payment of financial penalty

        5. 48. Revocation notices

        6. 49. Operator removal notices

      3. Sanction warning notices

        1. 50. Duty of OGA to give sanction warning notices

      4. Appeals

        1. 51. Appeals in relation to sanction notices

        2. 52. Appeals against finding of failure to comply

        3. 53. Appeals against sanction imposed

      5. Supplementary

        1. 54. Publication of details of sanctions

        2. 55. Subsequent sanction notices

        3. 56. Withdrawal of sanction notices

        4. 57. Alternative means of enforcement

      6. Information

        1. 58. Sanctions: information powers

        2. 59. Appeals against information requests

      7. The OGA’s procedures

        1. 60. Procedure for enforcement decisions

      8. Interpretation

        1. 61. Sanctions: interpretation

    6. Chapter 6

      Disclosure

      1. General prohibition

        1. 62. Prohibition on disclosure

        2. 63. Meaning of “protected material” and related terms

      2. Permitted disclosures

        1. 64. Disclosure by OGA to certain persons

        2. 65. Disclosure required for returns and reports prepared by OGA

        3. 66. Disclosure in exercise of certain OGA powers

        4. 67. Disclosure after specified period

        5. 68. Disclosure with appropriate consent

        6. 69. Disclosure required by legislation

        7. 70. Disclosure for purpose of proceedings

  3. Part 3

    Infrastructure and Information

    1. Rights to use upstream petroleum infrastructure

      1. 71. Requirements to provide information

      2. 72. Applications to use infrastructure: changes of applicant and owner

    2. Decommissioning

      1. 73. Abandonment of offshore installations

      2. 74. Duty to act in accordance with strategy: decommissioning and alternatives

    3. Northern Ireland

      1. 75. Part 1A of the Petroleum Act 1998: Northern Ireland

    4. International agreements

      1. 76. International oil and gas agreements: information exchange

  4. Part 4

    Fees

    1. 77. Powers to charge fees

    2. 78. Validation of fees charged

  5. Part 5

    Wind power

    1. 79. Onshore wind generating stations in England and Wales

  6. Part 6

    United Kingdom carbon account

    1. 80. Emissions trading: United Kingdom carbon account

  7. Part 7

    Final Provisions

    1. 81. Regulations

    2. 82. Regulations and orders: disapplication of requirements to consult the OGA

    3. 83. Commencement

    4. 84. Short title and extent

    1. Schedule 1

      Transfer of functions to the OGA

      1. Part 1

        Primary legislation

      2. Part 2

        Secondary legislation

    2. Schedule 2

      Abandonment of offshore installations