The Oil and Gas Authority (Carbon Storage and Offshore Petroleum) (Specified Periods for Disclosure of Protected Material) Regulations 2025

Explanatory note

Reproduced verbatim from the instrument as published on legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). The note is prepared by the responsible government department and is not part of the instrument itself.

These Regulations specify when certain carbon storage information and samples obtained by the Oil and Gas Authority (“the OGA”) under section 112 of the Energy Act 2023 (c. 52) (“ the 2023 Act ”) may be disclosed, and amend regulation 9 of the Oil and Gas Authority (Offshore Petroleum) (Disclosure of Protected Material after Specified Period) Regulations 2018 ( S.I. 2018/898 ).

Parts 2, 3 and 4 of these Regulations relate to carbon storage information and samples. Under section 112 of the 2023 Act, the OGA may require a carbon storage licensee to provide it with carbon storage information or a portion of a carbon storage sample, and may also require the provision of information and samples held by a person in accordance with an information and samples plan. “Carbon storage licensee”, “ carbon storage information ” and “ carbon storage samples ” are defined in section 107 of that Act. The meaning of “information and samples plan” is set out in section 109 of that Act. Under section 113 of the 2023 Act, material obtained under section 112 may not be disclosed except in accordance with section 114 or Schedule 7. Parts 3 and 4 of these Regulations permit the disclosure of various kinds of material obtained under section 112 after specified time periods.

Part 2 and the Schedule relate to information which may be published immediately after the date on which it is obtained by the OGA. Part 3 relates to information which may not be published immediately after the date on which it is obtained by the OGA. Part 4 relates to samples.

In relation to Parts 2, 3 and 4 of these Regulations, the Secretary of State is satisfied that consultation in accordance with paragraph 4(3) of Schedule 7 to the 2023 Act was not required having regard to the consultation carried out by the Oil and Gas Authority in relation to the time that should be specified in Regulations made under paragraph 4(1) of that Schedule. Details of the consultation can be accessed at this website: https://www.nstauthority.co.uk/news-publications/consultation-on-proposed-regulations-for-the-disclosure-of-carbon-storage-information-and-samples/ .

Part 5 of these Regulations amends regulation 9 of the Oil and Gas Authority (Offshore Petroleum) (Disclosure of Protected Material after Specified Period) Regulations 2018 so that information to which that regulation applies may be disclosed after the end of the period of 2 years beginning with the reporting deadline. “The reporting deadline” is when that information is required to be provided to the Oil and Gas Authority by the licensee in accordance with a notice given by the Authority under section 34 of the Energy Act 2016 (c. 20) (“ the 2016 Act ”).

In relation to Part 5 of these Regulations, the Secretary of State is satisfied that consultation in accordance with section 66(3) of the 2016 Act was not required having regard to the consultation carried out by the Oil and Gas Authority in relation to the time that should be specified in Regulations under section 66(1) of that Act. Details of the consultation can be accessed at this website: https://www.nstauthority.co.uk/news-publications/consultation-on-proposals-on-nsta-fees-and-data-confidentiality-periods/ .

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.