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Greg Gordon, John Paterson, and Emre Usenmez

Print publication date: 2010

Print ISBN-13: 9781845861018

Published to Edinburgh Scholarship Online: May 2015

DOI: 10.3366/edinburgh/9781845861018.001.0001

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PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 06 July 2022

Access To Infrastructure

Access To Infrastructure

(p.161) Chapter 7 Access To Infrastructure
Oil and Gas Law

Uisdean Vass

Edinburgh University Press

As the UKCS matures, the likelihood is that new discoveries (outside frontier areas, at least) will be relatively small. Their prospects for development will depend upon their ability to be linked up with the existingoil and gas transportation infrastructure.Where (as will almost invariably be the case) this infrastructure is in the ownership of others, securing access to that infrastructure can be a difficult process. The Secretary of State has a statutory power to compel the owner to permit access to its infrastructure and to determine the commercial terms on which such access takes place; however this power has been very rarely used in practice. This chapter describes and analyses the complex framework of legislation, Ministerial Guidance and Industry Codes of Best Practice which govern this situation, and discusses the reasons why applicants have hitherto been so reluctant to exercise their right to refer access disputes to the Secretary of State.

Keywords:   Petroleum Act 1988, Determination by Secretary of State, Guidance on Disputes over Third Party Access, Infrastructure Code of Practice (ICOP), Automatic Referral Notice (ARN), Shy Applicant

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