Part 3: Infrastructure and Information Rights to use upstream petroleum infrastructure Section 71: Applications to use infrastructure: changes of applicant and owner
This section inserts two new sections, sections 89A and 89B, into the Energy Act 2011. Section 89A allows an application for access to upstream petroleum infrastructure made under section 82 of that Act to be assigned to another party. This must be done by the applicant (within the meaning of section 82) and does not happen as an automatic consequence of the transfer of the assets in respect of which the application is made.
	Section 89B provides that where the ownership of the infrastructure in respect of which an application under section 82 has been made is transferred, all things done by the person to whom the application was made are treated as being done by the new infrastructure owner. These provisions allow for the process to continue rather than having to restart on a change in parties. That section also ensures that obligations or rights conferred in respect of a piece of infrastructure transfer with a change in ownership so where ownership of a piece of infrastructure, in respect of which a notice under section 82(11) has been issued, is transferred then the obligations under the notice transfer as well.
	Under new section 89A any information previously provided to the OGA by the original applicant before the assignment occurred may be disclosed to the party to whom the application was assigned. Similarly under new section 89B, any information relating to the application obtained by the OGA prior to the transfer in ownership of the infrastructure may be disclosed to the new owner. Before any information is disclosed anything, which the OGA considers may prejudice the commercial interests of the person that provided the information must be removed.