Regulation 5 Decision notices
Paragraph (2) applies where a preliminary notice has been given and is not withdrawn.
As soon as practicable after the representations date, the Secretary of State must give a notice to P (“a decision notice”) which includes the Secretary of State’s decision whether or not to apply a temporary scheme to the hydrocarbons interests of P.
Where the Secretary of State decides to apply a temporary scheme to any of the hydrocarbons interests of P—
the matters in—
paragraph (6) must also be included in the decision notice; and
paragraph (6)(b) to (e) may differ from those matters included in the preliminary notice; and
at the same time that the decision notice is given, or as soon as possible afterwards, the Secretary of State must state in writing to P—
how any representations received from P by the representations date that a temporary scheme should not be applied were taken into account; and
where applicable, how the matters in paragraphs (6)(b) to (e) differ from those matters included in the preliminary notice.
Where an affected person made representations which were received by the representations date that a temporary scheme should not be applied, the Secretary of State must at the same time that the decision notice is given, or as soon as possible afterwards,—
state in writing to such an affected person how representations from that person were taken into account; and
provide a copy of the decision notice.
The Secretary of State may withdraw a decision notice by giving notice of withdrawal at any time before the date the temporary scheme is due to commence.
The matters referred to in paragraph (3)(a) are—
a description of the relevant licence;
details of the hydrocarbons interests to which the temporary scheme applies;
the date on which the temporary scheme commences, which must be no earlier than the date of the decision notice;
the management period;
details of how the Secretary of State is satisfied in respect of the matters in regulation 3(1)(b); and
the date of the notice.
Where at the date of a decision notice, P is not a listed person—
the date the temporary scheme commences may be expressed as the date when P becomes listed or a date no later than 14 days after that date; but
the decision notice ceases to have effect if P is not listed within 60 days of the date of the notice.
Where a decision notice—
is withdrawn under paragraph (5); or
ceases to have effect under paragraph (7)(b),
notice of the withdrawal or cessation must be given by the Secretary of State as soon as practicable to P and any affected person to whom a copy of the decision notice was given.
Subject to paragraph (10), as soon as possible after a temporary scheme commences, the Secretary of State must make the decision notice publicly available.
The Secretary of State may redact from the decision notice made publicly available any information which the Secretary of State believes to be confidential.