Explanatory note

These Regulations make provision to charge fees regarding activities carried out by the Secretary of State relating to the environmental regulation of the offshore oil and gas industry.

Regulation 2 amends the Offshore Chemicals Regulations 2002 (S.I. 2002/1355) (“OCR”). It allows fees to be charged in respect of assessing how the environment might be affected by the discharge into it of any substances. (“Discharge” is defined at regulation 2 of OCR.) Regulation 2 also allows fees to be charged in relation to certain advice given as part of the Secretary of State’s functions under OCR.

Regulation 3 amends the Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 (S.I. 2005/2055) (“OPPC”). It allows fees to be charged in respect of the assessment of the effect upon the environment of the discharge into it of any oil. (“Discharge” is defined at regulation 2 of OPPC.) Regulation 3 also allows fees to be charged in relation to certain advice given as part of the Secretary of State’s functions under OPPC.

Regulation 4 amends the Pollution Prevention and Control (Fees) (Miscellaneous Amendments and Other Provisions) Regulations 2015 (S.I. 2015/1431).

Regulation 4(1) to 4(4) amends the charging provisions relating to the regulation of fluorinated greenhouse gases. Powers to charge for monitoring compliance with Commission Regulation (EC) No 1497/2007^f1, Commission Regulation (EC) No 304/2008^f2 and Commission Implementing Regulation (EU) 2015/2066^f3 have been introduced and the power to charge for monitoring compliance with Commission Implementing Regulation (EU) No 1191/2014^f4 has been removed. The amendments also reflect that Commission Regulation (EC) No 1494/2007^f5 has been repealed and replaced by Commission Implementing Regulation (EU) 2015/2068^f6 and Commission Regulation (EC) No 303/2008^f7 has been repealed and replaced by Commission Implementing Regulation (EU) 2015/2067^f8.

Regulation 4(5) allows fees to be charged in relation to the functions of the Secretary of State for Business, Energy and Industrial Strategy under the Energy Savings Opportunity Scheme Regulations 2014 (S.I. 2014/1643).

Regulation 5 amends the Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015 (S.I. 2015/385) (“OPLR”). It allows fees to be charged in relation to the Secretary of State’s functions as part of the competent authority under OPLR.

An impact assessment of the effect that this instrument will have on the costs of business is annexed to the Explanatory Memorandum which is available alongside these Regulations on www.legislation.gov.uk. No impact on the voluntary sector is expected.