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Paragraph 18 Provisions supplementary to clause 17I1

United Kingdom

(1)

A consent given by the F1OGA in pursuance of clause 17(1) of this licence may be given subject to such conditions as are specified in the document signifying the consent and may in particular, without prejudice to the generality of the preceding provisions of this paragraph, be limited to a period so specified.

(2)

Where—

(a)

the F2OGA gives notice in respect of a programme in pursuance of paragraph (4)(a) or (b) or paragraph (6) of clause 17 of this licence or serves a programme in pursuance of the said paragraph (6); or

(b)

it is determined in consequence of any reference to arbitration in the manner provided by clause 43 of this licence that the Licensee is not required by virtue of paragraph (i) of clause 17(5)(c) of this licence to submit modifications of a programme in respect of which notice of rejection containing such a statement as is mentioned in the said paragraph (i) was given by the OGA in pursuance of clause 17(4)(c) of this licence,

the OGA may give to the Licensee, with the notice given or the programme served as mentioned in sub-paragraph (a) of this paragraph or, in a case falling within sub-paragraph (b) of this paragraph, within the period of three months beginning with the date of the arbitrator’s or arbiter’s determination, a notice (hereafter in this clause referred to as a “Limitation Notice”) authorising the OGA, by a further notice given to the Licensee from time to time after the expiration of the period specified in the Limitation Notice, to provide that the programme to which the Limitation Notice relates shall have effect while the further notice is in force with the substitution for any quantity of Petroleum or any period specified in the programme in pursuance of clause 17(2)(c) of this licence of a different quantity of Petroleum or a different period specified in the further notice.

(3)

A quantity or period specified in such a further notice as that to be substituted for a quantity or period which is specified in the programme in question shall be such as to secure that the expenditure to be incurred by the Licensee in complying with the further notice, in a case where an effect of the notice is to increase the quantity of Petroleum which the Licensee is required to get from the Licensed Area in any period, is less than the cost of drilling a new Well in the Licensed Area at the time when the further notice is given.

(4)

Where the F3OGA proposes to give a Limitation Notice or any such further notice as aforesaid F4it shall before doing so—

(a)

give the Licensee particulars of the proposal and an opportunity to make representations to the F5OGA about the technical and financial factors which the Licensee considers are relevant in connection with the proposal; and

(b)

consider any such representations then made to F6it by the Licensee,

and the F7OGA shall not give such a further notice of which an effect is to increase the quantity of Petroleum which the Licensee is required to get from the Licensed Area during any period unless the OGA is satisfied that the notice is required by reason of a national emergency and shall not give any other such further notice as aforesaid unless F8it is satisfied that the notice is required in the national interest.

(5)

A Limitation Notice or any such further notice as aforesaid may—

(a)

specify any quantity or period by reference to such factors as the F9OGA thinks fit; and

(b)

in the case of such a further notice, contain provisions as to—

(i)

the date when the notice is to come into force;

(ii)

the date when the notice is to cease to be in force,

and specify different dates in pursuance of this sub-paragraph for different provisions of the notice,

and the OGA may revoke such a further notice at a particular time by serving on the Licensee a notice in writing stating that the further notice is revoked at that time.

(6)

Any question arising under clause 17 of this licence or this clause as to what is, is not or is required in the national interest or as to what is, is not or is required by reason of, a national emergency shall be determined by the F10OGA .

(7)

The Licensee shall ensure that any conditions to which an approval is subject in pursuance of clause 17(4)(b) of this licence or to which a consent is subject in pursuance of paragraph (1) of this clause are complied with.

(8)

If in respect of part of the Licensed Area—

(a)

a consent has been given in pursuance of paragraph (1) of clause 17 of this licence; or

(b)

the Licensee has submitted to the F11OGA, in accordance with a direction given by virtue of paragraph (3)(a) of that clause, a programme in pursuance of paragraph (2) of that clause—

(i)

as respects which the OGA has served notice in pursuance of paragraph (4)(a) or (b) or paragraph (6) of that clause; or

(ii)

in consequence of which the OGA has served a programme on the Licensee in pursuance of the said paragraph (6); or

(iii)

in respect of which it has been determined in consequence of any reference to arbitration in the manner provided by clause 43 of this licence that the Licensee is not required by virtue of paragraph (5)(c)(i) of that clause to submit modifications,

paragraph (1) of clause 41 of this licence shall not authorise the OGA to revoke this licence in relation to that part of the Licensed Area in consequence of any breach or non-observance, while the consent is in force or during the period to which the programme relates, of any provision of the said clause 17 in connection with a different part of the Licensed Area.

(9)

Where in consequence of any breach or non-observance by the Licensee of any provision of clause 17 of this licence the F12OGA has power by virtue of paragraph (1) of clause 41 of this licence to revoke this licence or, in consequence of paragraph (8) of this clause, to revoke it in respect of part only of the Licensed Area, F13it may if it thinks fit—

(a)

in a case where F14it has power to revoke this licence, exercise the power in relation to such part only of the Licensed Area as it may specify; and

(b)

in a case where by virtue of the said paragraph (8) F15it has power to revoke it in respect of part only of the Licensed Area, exercise the power in relation to such portion only of that part as it may specify,

and where in consequence of the said paragraph (8) or by virtue of the preceding provisions of this paragraph the F16OGA revokes this licence in respect of a part or portion of the Licensed Area, the rights granted by this licence shall cease in respect of that part or portion without prejudice to any obligation or liability imposed upon the Licensee or incurred by him under the terms of this licence.

Annotations

Textual amendments

F1

Word in Sch. clause 18(1) substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 13(20)(a)

F2

Word in Sch. clause 18(2) substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 13(20)(b)

F3

Word in Sch. clause 18(4) substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 13(20)(c)(i)(aa)

F4

Word in Sch. clause 18(4) substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 13(20)(c)(i)(bb)

F5

Word in Sch. clause 18(4)(a) substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 13(20)(c)(ii)

F6

Word in Sch. clause 18(4)(b) substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 13(20)(c)(iii)

F7

Word in Sch. clause 18(4)(b) substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 13(20)(c)(iv)(aa)

F8

Word in Sch. clause 18(4)(b) substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 13(20)(c)(iv)(bb)

F9

Word in Sch. clause 18(5) substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 13(20)(d)

F10

Word in Sch. clause 18(6) substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 13(20)(e)

F11

Word in Sch. clause 18(8) substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 13(20)(f)

F12

Word in Sch. clause 18(9) substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 13(20)(g)(i)(aa)

F13

Word in Sch. clause 18(9) substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 13(20)(g)(i)(bb)

F14

Word in Sch. clause 18(9)(a) substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 13(20)(g)(ii)

F15

Word in Sch. clause 18(9)(b) substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 13(20)(g)(iii)

F16

Word in Sch. clause 18(9) substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 13(20)(g)(iv)

Commencement

I1

Sch. clause 18 in force at 6.4.2008, see reg. 1(1)