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The Storage of Carbon Dioxide (Access to Infrastructure) Regulations 2011

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This is the original version (as it was originally made).

Petroleum Act 1998

7.  The Petroleum Act 1998 is amended as follows.

8.  In section 15 (authorisations)(1)—

(a)in subsection (3)(c)(i) and (iii), at the end insert “(subject to subsection (3A))”;

(b)after subsection (3), insert—

“(3A) The power conferred by virtue of paragraph (c)(i) or (iii) of subsection (3) is not exercisable to the extent that the powers conferred by regulation 7 of the Storage of Carbon Dioxide (Access to Infrastructure) Regulations 2011 are exercisable.”;

(c)in subsection (5), at the beginning insert “Subject to subsection (5A),”; and

(d)after subsection (5), insert—

“(5A) Subsection (6) does not apply where the term is a variation condition imposed by virtue of regulation 7 of the Storage of Carbon Dioxide (Access to Infrastructure) Regulations 2011.”.

9.  In section 16 (compulsory modifications of pipelines)(2), before subsection (1), insert—

“(A1) This section applies to controlled pipelines, other than those which are excepted from the operation of this section.

(A2) Controlled carbon dioxide pipelines are excepted from the operation of this section. ”.

10.  In section 17 (acquisition of rights to use pipelines)(3), after subsection (1A) insert—

“(1B) This section also does not apply to controlled carbon dioxide pipelines.”.

11.  In section 28(1) (interpretation of Part 3 of the Petroleum Act 1998)(4)—

(a)in the appropriate place, insert—

““carbon dioxide storage site” means a facility—

(a)

for the storage of carbon dioxide (with a view to its permanent disposal, or as an interim measure prior to its permanent disposal); and

(b)

in respect of the use of which a person is required to have a licence under section 18 of the Energy Act 2008;”; and

““controlled carbon dioxide pipeline” means any controlled pipeline or one of a network of controlled pipelines—

(a)

which is used to convey carbon dioxide to a carbon dioxide storage site, or

(b)

which is not being used for any purpose but which is intended to be used to convey carbon dioxide to such a site;”; and

(b)for the definition of “controlled petroleum pipeline”, substitute—

““controlled petroleum pipeline” means any controlled pipeline or one of a network of controlled pipelines—

(a)

which is operated or constructed as part of a petroleum production project and is not a controlled carbon dioxide pipeline; or

(b)

which is used to convey petroleum from the site of one or more such projects—

(i)

directly to premises, in order for that petroleum to be used at those premises for power generation or for an industrial process;

(ii)

directly to a place outside Great Britain;

(iii)

directly to a terminal; or

(iv)

indirectly to a terminal by way of one or more other terminals, whether or not such intermediate terminals are of the same kind as the final terminal;”.

12.  In paragraph 4 of Schedule 2—

(a)in sub-paragraph (1), at the beginning, insert “Subject to sub-paragraph (1A),”; and

(b)after sub-paragraph (1), insert—

“(1A) This paragraph does not apply to the extent that the powers conferred by regulation 7 of the Storage of Carbon Dioxide (Access to Infrastructure) Regulations 2011 are exercisable in relation to the matters mentioned in sub-paragraph (1)(a) or (b).”.

(1)

Section 15 was amended by paragraph 1 of Schedule 4 to the Gas (Third Party Access and Accounts) Regulations 2000.

(2)

Section 16(1) was amended by paragraph 2 of Schedule 4 to the Gas (Third Party Access and Accounts) Regulations 2000.

(3)

Section 17(1A) was inserted by paragraph 3 of Schedule 4 to the Gas (Third Party Access and Accounts) Regulations 2000 and was amended by section 151(5)(a) of the Energy Act 2004.

(4)

Section 28(1) has been amended but the amendments are not relevant to these Regulations.

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