OpenLegislation

Regulation 4 Preliminary notices

Original text. Later amendments are not shown.

(1)

Where this regulation applies and the Secretary of State intends to apply a temporary scheme to any of the hydrocarbons interests of P, the Secretary of State must give notice of that intention to P (“a preliminary notice”).

(2)

A preliminary notice must include—

(a)

a description of the relevant licence;

(b)

details of the hydrocarbons interests to which the Secretary of State intends to apply a temporary scheme;

(c)

the date on which the Secretary of State intends to apply the temporary scheme;

(d)

the intended management period;

(e)

details of how the Secretary of State is satisfied in respect of the matters in regulation 3(1)(b);

(f)

a statement that P may make representations to the Secretary of State concerning the intended application of the temporary scheme;

(g)

the representations date; and

(h)

the date of the notice.

(3)

Where at the date of a preliminary notice, P is not a listed person, the date in paragraph (2)(c) may be expressed as the date on which P becomes listed or a date no later than 14 days after that date.

(4)

The Secretary of State must give to an affected person, at the same time that the preliminary notice is given or as soon as possible afterwards,—

(a)

a copy of the preliminary notice; and

(b)

a notice that representations may be made by that person by the representations date to the Secretary of State concerning the intended application of the temporary scheme.

(5)

In paragraphs (2)(g) and (4)(b), the representations date must not be earlier than 14 days after the date of the preliminary notice.

(6)

The Secretary of State may withdraw a preliminary notice by giving notice of withdrawal at any time before the representations date.

(7)

Where a preliminary notice is withdrawn, the notice of withdrawal must be given to P and any affected person to whom a copy of the preliminary notice was given.

(8)

Before the Secretary of State gives a decision notice, the Secretary of State must take into account any representations received from P, or an affected person, by the representations date.

(9)

In this regulation and regulation 5—

  • “P” means the person to whom regulation 3(2)(a) or (b) applies;

  • “representations date” means the date stated in the preliminary notice by which P may make representations to the Secretary of State.