Part 2Legislative and executive competence: further provision

Onshore petroleum

I124Onshore petroleum: existing licences

1

The Secretary of State may make amendments to—

a

any model clause, to the extent that, under Part 1 of the Petroleum Act 1998, it is incorporated, or has effect as if incorporated, in an existing licence, and

b

any other provision of an existing licence.

2

The Secretary of State may exercise the power in subsection (1) only if the Secretary of State considers that it is necessary or expedient to do so in consequence of—

a

the exceptions mentioned in Section D2 in Part 2 of Schedule 7A to the Government of Wales Act 2006 (licensing of and access to petroleum within Welsh onshore area), or

b

section 23.

3

In the case of an existing licence granted in respect of an area (““the licence area””) of which part only was within the Welsh onshore area at the time the licence was granted—

a

the Secretary of State may direct that it is to have effect as a licence in respect of an area comprising that part and a separate licence in respect of an area comprising the rest of the licence area, and

b

subsection (1) applies in relation to each of those licences as it applies in relation to the existing licence.

4

The power to make amendments under subsection (1)(a) is exercisable by regulations made by statutory instrument.

5

A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

6

In this section—

  • “"existing licence”” means a licence, granted before the day on which section 23 comes into force, under—

    1. a

      section 3 of the Petroleum Act 1998, or

    2. b

      section 2 of the Petroleum (Production) Act 1934,

    in respect of an area all or part of which is within the Welsh onshore area;

  • “"Welsh onshore area”” has the meaning given by Section D2 in Part 2 of Schedule 7A to the Government of Wales Act 2006.