Explanatory note

These Regulations bring into force section 299(3) to (7) of the Energy Act 2023 (c. 52) (“the 2023 Act”). These are the fifth set of regulations commencing provisions of the 2023 Act.

These Regulations bring section 299(3) to (7) of the Petroleum Act 1998 (c. 17) (“the 1998 Act”) into force. Those provisions repeal the Secretary of State’s powers to charge fees under sections 29 and 34 of the 1998 Act, as well as to make related regulations. They also amend the way in which the Secretary of State may recover expenditure incurred under section 33 of the 1998 Act. These changes are made in consequence of the introduction of the new charging regime in section 38C of the 1998 Act. The Secretary of State made the Offshore (Oil and Gas) Installation and Pipeline Abandonment Fees Regulations 2012 (S.I. 2012/949) (“the 2012 Regulations”) under the powers in sections 29 and 34 of the 1998 Act, which these Regulations repeal. The 2012 Regulations determine the fees payable when an abandonment programme (as defined in section 29(1) of the 1998 Act) is submitted to the Secretary of State for approval, or a revision to an abandonment programme is proposed. Although Part 4 of the 1998 Act applies in relation to a carbon storage installation by virtue of section 30 of the Energy Act 2008, the 2012 Regulations do not apply in relation to a carbon storage installation or a carbon capture and storage pipeline (as that term is defined in those Regulations).

Regulation 3 ensures that sections 29(5), 34(4) and 39 of the 1998 Act and the 2012 Regulations remain in operation for the purposes of certain situations in paragraphs (3) and (4).