OpenLegislation

Section 83 Power of OGA to give a notice under section 82(11) on own initiativeI1C1

England, Wales and Scotland

(1)

This section applies where—

(a)

a person has made an application of a kind mentioned in subsection (1) of section 82 to the owner of a pipeline or facility, and

(b)

the applicant and the owner have not reached agreement on the application.

(2)

The F1OGA may on its own initiative give a notice under subsection (11) of section 82 which would secure to the applicant the right sought in the application; but this is subject to subsection (8) of that section and subsections (3) and (4).

(3)

The F2OGA may not exercise the power conferred by subsection (2) unless the OGA is satisfied that—

(a)

the applicant and the owner have had a reasonable time in which to reach agreement on the application; and

(b)

there is no realistic prospect of them doing so.

(4)

In considering whether to exercise the power conferred by subsection (2) the F3OGA must—

(a)

take into account (so far as relevant) the matters mentioned in paragraphs (a) to (g) of subsection (7) of section 82;

(b)

give the persons mentioned in subsection (5) an opportunity to be heard.

(5)

Those persons are—

(a)

the applicant and the owner;

(b)

any person with a right to have anything conveyed by the pipeline or processed by the facility;

(c)

the Health and Safety Executive; and

(d)

such other persons as the F4OGA considers appropriate.

Annotations

Textual amendments

F1

Words in s. 83(2) substituted (1.10.2016) by Energy Act 2016 (c. 20), s. 84(3), Sch. 1 para. 65(2); S.I. 2016/920, reg. 2(a)

F2

Word in s. 83(3) substituted (1.10.2016) by Energy Act 2016 (c. 20), s. 84(3), Sch. 1 para. 65(3); S.I. 2016/920, reg. 2(a)

F3

Word in s. 83(4) substituted (1.10.2016) by Energy Act 2016 (c. 20), s. 84(3), Sch. 1 para. 65(4); S.I. 2016/920, reg. 2(a)

F4

Word in s. 83(5)(d) substituted (1.10.2016) by Energy Act 2016 (c. 20), s. 84(3), Sch. 1 para. 65(5); S.I. 2016/920, reg. 2(a)

F5

Word in s. 83 heading substituted (1.10.2016) by Energy Act 2016 (c. 20), s. 84(3), Sch. 1 para. 65(6); S.I. 2016/920, reg. 2(a)

Modifications

C1

S. 83 modified by 1962 c. 58, s. 9(9)(a) (as amended) (21.3.2012) by Energy Act 2011 (c. 16), s. 121(1), Sch. 2 paras. 2(b)(3)(b); S.I. 2012/873, art. 2(b)(i) (with art. 4)

Commencement

I1

S. 83 in force at 21.3.2012 by S.I. 2012/873, art. 2(b)(i) (with art. 4)