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Section 5A Rights transferred without the consent of appropriate authorityF1F2F3C1

United Kingdom

(1)

This section applies if—

(a)

a person is (or two or more persons are) the licensee in respect of a licence under section 2 of the Petroleum (Production) Act 1934 or section 3 above (“the transferor”),

(b)

the transferor transfers a right granted by the licence, or derived from a right so granted, to another person (“the transferee”) after commencement in circumstances where the consent of the appropriate authority is required for the transfer, and

(c)

that consent is not obtained.

(2)

The appropriate authority may, by notice given to the transferor and the transferee, direct that the right is to revert to the transferor from a date specified in the notice.

(3)

The date specified must not be earlier than the date on which the notice is given.

(4)

Before giving a notice to a person under subsection (2), the appropriate authority must—

(a)

notify the person of the proposal to give the notice, and

(b)

give the person a reasonable period within which to make written representations.

(5)

The appropriate authority may not give a notice under subsection (2) after the end of the period of 3 months beginning with the date on which the appropriate authority learns of the transfer.

(6)

In this section—

  • “commencement” means the time when this section comes into force;

  • “transfer” does not include a transfer by way of security for a loan.

Annotations

Textual amendments

F1

Ss. 5A-5C inserted (26.1.2009) by Energy Act 2008 (c. 32), ss. 76, 110(2); S.I. 2009/45, art. 2(c)(i)

F2

Words in s. 5A substituted (9.2.2018) by Scotland Act 2016 (c. 11), ss. 48(12), 72(4)(c); S.I. 2018/163, reg. 2(b)

F3

Word in s. 5A substituted (9.2.2018) by The Petroleum (Transfer of Functions) Regulations 2016 (S.I. 2016/898), regs. 1(3), 3(5) (with reg. 2); S.I. 2018/163, reg. 2(b)

Modifications

C1

S. 5A modified (temp.) (1.10.2016) by The Petroleum (Transfer of Functions) Regulations 2016 (S.I. 2016/898), regs. 1(2), 2

Notes on Part I

Modifications

C1

Pt. 1 modified (13.11.2009 for specified purposes) by Energy Act 2008 (c. 32), ss. 15(3), 110(2); S.I. 2009/2809, art. 2 (with art. 4)