Moved by
Lord Bourne of Aberystwyth
17: After Clause 7, insert the following new Clause—
“Levy on licence holders
(1) The Secretary of State may, by regulations, provide for a levy to be imposed on, and be payable by, one or more of the following kinds of persons—
(a) persons who hold licences (other than excluded licences) granted under section 3 of the Petroleum Act 1998 (searching for, boring and getting petroleum);
(b) persons who hold licences (other than excluded licences) granted under section 2 of the Petroleum (Production) Act 1934 (licences to search for and get petroleum);
(c) persons who hold licences granted under section 4 of the Energy Act 2008 (unloading and storing gas);
(d) persons who hold licences granted under section 18 of the Energy Act 2008 by the Secretary of State or the OGA (storage of carbon dioxide).
(2) The Secretary of State must exercise the power conferred by subsection (1) so as to secure—
(a) that the total amount of licensing levy which is payable in respect of a charging period does not exceed the costs incurred by the OGA in exercising its functions in respect of that period, and
(b) that no levy is payable in respect of costs incurred in the exercise of functions—
(i) for which fees are charged under section (Powers of the OGA to charge fees), or
(ii) which the OGA is authorised to exercise by virtue of an order under section 69 of the Deregulation and Contracting Out Act 1994.
(3) In determining for the purposes of subsection (2)(a) the total amount of licensing levy payable in respect of a charging period, an amount of levy payable in respect of that period may be ignored if (during that period or subsequently)—
(a) having been paid, it is repaid or credit for it is given against other licensing levy that is payable, or
(b) having not been paid, the requirement to pay it is cancelled.
(4) The amount or amounts of licensing levy payable by licence holders must be—
(a) set out in the regulations, or
(b) calculated in accordance with a method set out in the regulations.
(5) The licensing levy is payable to the OGA.
(6) The OGA must pay into the Consolidated Fund any amount which it receives in respect of the licensing levy.
(7) Subsection (6) does not apply where the Secretary of State, with the consent of the Treasury, otherwise directs.
(8) The Secretary of State must consult the OGA before making regulations under this section.
(9) Section (The licensing levy: regulations) does not limit the provision that may be made by regulations under this section.
(10) In this section and section (The licensing levy: regulations)—
“charging period” means a period in respect of which licensing levy is payable;
“excluded licence”, in relation to a charging period, means a licence that, if granted at the beginning of the period, would fall to be granted by the Scottish Ministers or the Welsh Ministers (and for these purposes a licence within subsection (1)(b) is to be treated as granted under section 3 of the Petroleum Act 1998);
“licensing levy” means the levy provided for in regulations under this section.”
18: After Clause 7, insert the following new Clause—
“The licensing levy: regulations
(1) Regulations may provide for the licensing levy payable in respect of a charging period to increase or decrease over that period.
(2) Regulations may provide for an amount of licensing levy payable by a licence holder to be calculated by reference to the size of an area to which a licence held by that person relates.
(3) Regulations may provide for different categories of licence holders to pay—
(a) different amounts of licensing levy, or
(b) amounts of licensing levy calculated, set or determined in different ways.
(4) Regulations may provide for a category of licence holder to be exempt from payment of the licensing levy.
(5) Regulations may provide for interest (at a rate specified in, or determined under, the regulations) to be charged in respect of unpaid amounts of licensing levy.
(6) Regulations may provide for unpaid amounts of licensing levy (together with any interest charged) to be recoverable as a civil debt.
(7) Regulations may confer a function (including a function involving the exercise of a discretion) on—
(a) the Secretary of State,
(b) the OGA, or
(c) any other person, apart from the Scottish Ministers or the Welsh Ministers.
(8) Regulations (including regulations of the kinds mentioned in subsections (3) and (4)) may provide for a category of licence holder to consist of persons who hold a kind of licence that is specified in the regulations.
(9) The regulations may (in particular) specify any of the following kinds of licence—
(a) licences granted under a particular enactment;
(b) licences of a particular description granted under a particular enactment;
(c) licences, or licences of a particular description (including a description falling within paragraph (a) or (b)), granted—
(i) before a particular time,
(ii) after a particular time, or
(iii) during a particular period.
(10) In this section—
“licence” means a licence falling within section (Levy on licence holders)(1);
“licence holder” means a person who holds a licence (whether the person was granted it or has, after its grant, acquired it by assignment or other means);
“regulations” means regulations under section (Levy on licence holders).”
19: After Clause 7, insert the following new Clause—
“Payments and financial assistance
(1) The Secretary of State may make payments or provide financial assistance to the OGA.
(2) The payments or financial assistance may be made or provided subject to such conditions as may be determined by the Secretary of State.
(3) In the case of a grant such conditions may, in particular, include conditions requiring repayment in specified circumstances.
(4) In this section “financial assistance” means grants, loans, guarantees or indemnities, or any other kind of financial assistance.”