Legislation – Energy Act 2023

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Part 2Carbon dioxide capture, storage etc and hydrogen production, transport and storage

Chapter 5Carbon storage information and samples

General

125Appeals

In Schedule 8—

(a)

Part 1 contains provision about appeals against decisions by the OGA relating to the preparation of an information and samples plan and appeals against the giving of a notice under section 112, and

(b)

Part 2 contains provision about appeals against the imposition of sanction notices and appeals against the giving of a notice under section 124.

126Procedure for enforcement decisions

(1)

The OGA—

(a)

must determine the procedure that it proposes to follow in relation to enforcement decisions, and

(b)

must issue a statement of its proposals.

(2)

The procedure mentioned in subsection (1)(a) must be designed to secure, among other things, that an enforcement decision is taken—

(a)

by a person falling within subsection (3), or

(b)

by two or more persons, each of whom falls within subsection (3).

(3)

A person falls within this subsection if the person was not directly involved in establishing the evidence on which the enforcement decision is based.

(4)

The statement mentioned in subsection (1)(b) must be published in whatever way appears to the OGA to be best calculated to bring the statement to the attention of the public.

(5)

When the OGA takes an enforcement decision, the OGA must follow its stated procedure.

(6)

If the OGA changes its procedure in a material way, it must publish a revised statement.

(7)

A failure of the OGA in a particular case to follow its procedure as set out in the latest published statement does not affect the validity of an enforcement decision taken in that case.

(8)

But subsection (7) does not prevent the Tribunal from taking into account any such failure in considering an appeal under paragraph 4 or 5 of Schedule 8 in relation to a sanction notice.

(9)

In this section, “enforcement decision” means—

(a)

a decision to give a sanction notice in respect of a failure to comply with a sanctionable requirement, or

(b)

a decision as to the details of the sanction to be imposed by the notice.

127Interpretation of Chapter 5

In this Chapter—

“information and samples plan” has the meaning given in section 109;

“items subject to legal privilege”—

(a)

in England and Wales, has the same meaning as in the Police and Criminal Evidence Act 1984 (see section 10 of that Act);

(b)

in Scotland, has the meaning given by section 412 of the Proceeds of Crime Act 2002;

(c)

in Northern Ireland, has the same meaning as in the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (NI 12));

“OGA” means the Oil and Gas Authority;

“protected material” has the meaning given in section 113;

“sanction notice” has the meaning given in section 115;

“storage permit” has the same meaning as in the Storage of Carbon Dioxide (Licensing etc) Regulations 2010 (S.I. 2010/2221) (see regulation 1(3) of those Regulations);

“subsequent holder” has the meaning given in section 113;

“Tribunal” means the First-tier Tribunal.