Moved by
Baroness Verma
95ZBJ: Before Clause 28, insert the following new Clause—
“Notice scheme
(1) The Secretary of State may, by regulations, require relevant energy undertakings to give notice of the proposed exercise, or exercise, of the right of use.
(2) The regulations may require relevant energy undertakings—
(a) to give notice—
(i) to owners of relevant land or interests in relevant land;
(ii) to persons of other specified descriptions;
(b) to display notice within the area in which relevant land is situated or elsewhere;
(c) to publish notice (otherwise than by displaying the notice).
(3) The regulations may make provision about the information which the notice is to contain, including provision about information relating to—
(a) any payment scheme regulations which are in force;
(b) the application of any payment scheme regulations to the proposed exercise, or exercise, of the right of use;
(c) the method for obtaining a payment under any payment scheme regulations.
(4) The regulations may make provision about the manner in which notice is to be given, displayed or published, including provision requiring notice to be—
(a) displayed at specified places or places of specified descriptions;
(b) published in specified publications or publications of specified descriptions.
(5) The regulations may require relevant energy undertakings to provide the Secretary of State, or any other specified person, with specified information about—
(a) the proposed exercise, or exercise, of the right of use;
(b) the giving of notice in accordance with regulations under this section.
(6) Before making regulations under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.
(7) In this section “payment scheme regulations” means regulations under section (Payment scheme).”
95ZBK: Before Clause 28, insert the following new Clause—
“Payment and notice schemes: supplementary provision
(1) Regulations under section (Payment scheme) or (Notice scheme) may make provision about the enforcement of relevant requirements, including provision for the imposition of financial penalties in respect of breach of relevant requirements.
(2) Regulations under section (Payment scheme) or (Notice scheme) may confer a function on—
(a) the Secretary of State, or
(b) any other person, apart from the Scottish Ministers or the Welsh Ministers.
(3) The functions that may be imposed include—
(a) a duty (including a restriction or prohibition);
(b) a function involving the exercise of a discretion;
(c) a requirement to consult.
(4) The provisions of sections (Payment scheme) and (Notice scheme) and this section which specify particular kinds of provision that may be made in regulations under section (Payment scheme) or (Notice scheme) do not limit the powers conferred by that section to make such regulations.
(5) The Secretary of State must carry out a review of sections (Payment scheme) and (Notice scheme) and the preceding provisions of this section as soon as reasonably practicable after the end of the period of 5 years beginning with the day on which they come into force.
(6) The Secretary of State must by regulations—
(a) repeal section (Payment scheme), and make any consequential amendments (including repeals) of the other provisions of this Act that the Secretary of State considers appropriate, if the relevant conditions are met in relation to the power under section (Payment scheme);
(b) repeal section (Notice scheme), and make any consequential amendments (including repeals) of the other provisions of this Act that the Secretary of State considers appropriate, if the relevant conditions are met in relation to the power under section (Notice scheme).
(7) The relevant conditions are met in relation to the power under section (Payment scheme) or the power under section (Notice scheme) if—
(a) that power is not exercised within the period of 7 years beginning with the day on which that section comes into force, and
(b) the Secretary of State is satisfied that there is no convincing case for retaining that power.”
95ZBL: Before Clause 28, insert the following new Clause—
“Interpretation
(1) For the purposes of deciding whether land is deep-level land—
(a) the depth of a point in land below surface level is the distance between that point and the surface of the land vertically above that point; and
(b) in determining what is the surface of the land, any building or other structure on the land, and any water covering the land, must be ignored.
(2) In sections (Petroleum and geothermal energy: right to use deep-level land) to (Payment and notice schemes: supplementary provision) and this section—
“deep geothermal energy” means geothermal energy in deep-level land (including in water or any other fluid in deep-level land);
“deep-level land” has the meaning given in section (Petroleum and geothermal energy: right to use deep-level land)(4);
“landward area” has the same meaning as in the Petroleum Licensing (Exploration and Production) (Landward Areas) Regulations 2014 (see regulation 1(2) of those Regulations);
“petroleum” has the same meaning as in Part 1 of the Petroleum Act 1998 (see section 1 of that Act);
“relevant energy undertaking” means a person who proposes to exercise, or exercises, the right of use;
“relevant land” means land in respect of which the right of use is proposed to be, or is, exercised;
“relevant requirement” means a requirement imposed by regulations under section (Payment scheme) or (Notice scheme);
“right of use” means the right conferred by section (Petroleum and geothermal energy: right to use deep-level land);
“Scottish deep-level land” means deep-level land in Scotland or beneath waters adjacent to Scotland;
“specified” means specified in regulations under section (Payment scheme) or (Notice scheme);
“substance” includes electricity and any other intangible thing.
(3) The power of the Secretary of State to make regulations under section 4 of the Petroleum Act 1998 includes power to make such amendments of the definition of “landward area” in subsection (2) above as the Secretary of State considers appropriate in consequence of any other exercise of the power under section 4 of the 1998 Act.”