Part 1Licensing of carbon dioxide transport and storage
Chapter 1Licensing of activities
Information
I126Provision of information to or by the economic regulator
1
The economic regulator may provide to a person within subsection (2) such information as the economic regulator considers necessary in connection with the exercise by the economic regulator of its functions relating to the regulation of licensable activities.
2
The persons within this subsection are—
a
the Oil and Gas Authority;
b
the Environment Agency;
c
the Scottish Environment Protection Agency;
d
Natural Resources Wales;
e
the Health and Safety Executive;
f
the Health and Safety Executive for Northern Ireland;
g
the CMA;
h
the Scottish Ministers;
i
the Welsh Ministers;
j
the Department for the Economy in Northern Ireland;
k
the Northern Ireland Environment Agency;
l
the Secretary of State;
m
any other person the economic regulator considers appropriate who has powers or duties conferred by or by virtue of primary legislation which the economic regulator considers relevant to the exercise of the economic regulator’s functions relating to the regulation of licensable activities.
3
The economic regulator may by notice request from a person within subsection (2) such information as the economic regulator considers necessary in connection with the exercise by the economic regulator of its functions relating to the regulation of licensable activities.
4
A person to whom a request is made under subsection (3) must, so far as reasonably practicable, provide the requested information within such period, and in such form and manner, as may be specified in the notice.
5
Except as provided by subsection (6), the disclosure of information under this section does not breach—
a
any obligation of confidence owed by the person making the disclosure, or
b
any other restriction on the disclosure of information (however imposed).
6
This section does not authorise or require a disclosure of information if the disclosure would contravene the data protection legislation (but in determining whether a disclosure would do so, the power conferred by subsection (1) or, as the case may be, the duty under subsection (4) is to be taken into account).
7
In this section “primary legislation” means—
a
an Act of Parliament,
b
an Act of the Scottish Parliament,
c
an Act or Measure of Senedd Cymru, or
d
Northern Ireland legislation.
I227Power of Secretary of State to require information
1
The Secretary of State may by notice in writing require a licence holder to provide the Secretary of State with information which is reasonably required by the Secretary of State for the purposes of the Secretary of State’s functions under this Part.
2
A notice under subsection (1) must specify—
a
the form and manner in which information is to be provided, and
b
the time within which it is to be provided.
3
A licence holder may not be required under this section to provide any information that would be protected from disclosure or production in legal proceedings on grounds of legal professional privilege or, in Scotland, confidentiality of communications.
4
Except as provided by subsection (5), the disclosure of information under this section does not breach—
a
any obligation of confidence owed by the licence holder making the disclosure, or
b
any other restriction on the disclosure of information (however imposed).
5
This section does not authorise or require a disclosure of information if the disclosure would contravene the data protection legislation (but in determining whether a disclosure would do so, a requirement imposed under subsection (1) is to be taken into account).