# The Hydrocarbons (Temporary Management Scheme) Regulations 2013, Regulation 3: When a temporary scheme may be applied


(1) The Secretary of State may apply a temporary scheme to the hydrocarbons interests of a person (“P”) if P is a listed person and—
(a) P holds a licence, solely or jointly with another person, and that licence was issued before P became a listed person (“a relevant licence”); and
(b) the Secretary of State is satisfied that to apply a temporary scheme to any of the hydrocarbons interests of P is necessary—
(i) to avoid or remediate environmental damage; or
(ii) to prevent permanent destruction of the value of the relevant licence.
(2) Regulation 4 applies where—
(a) the Secretary of State is entitled to apply a temporary scheme to any of the hydrocarbons interests of P under paragraph (1); or
(b) P is not a listed person but—
(i) the Secretary of State is satisfied that P is likely to become a listed person within 60 days of giving a preliminary notice; and
(ii) were P a listed person, the Secretary of State would be entitled to apply a temporary scheme to any of the hydrocarbons interests of P under paragraph (1).
(3) For the purposes of paragraph (2)(b)(i), where—
(a) P is a body corporate; and
(b) the person who owns or controls P is a listed person,
the Secretary of State is entitled to be satisfied that P is likely to become a listed person unless the Secretary of State has evidence to the contrary.

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Source: https://www.legislation.gov.uk/uksi/2013/1329/regulation/3 (the official version)
Page: https://openlegislation.uk/hydrocarbons-temporary-management-scheme-regulations-2013/regulation-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.