Part 3: Infrastructure and Information Decommissioning Section 72 and Schedule 2: Abandonment of offshore installations
Section 72 and Schedule 2 make provision about the abandonment of offshore installations by amending Part 4 of the Petroleum Act 1998 and section 30 of the Energy Act 2008.
	Paragraph 2 of Schedule 2 inserts new section 28A into the Petroleum Act 1998 which places a restriction on abandonment or decommissioning of an offshore installation or submarine pipeline unless an abandonment programme has been approved by the Secretary of State and has effect in relation to such infrastructure under section 29 of the Petroleum Act 1998.
	New section 28A(2) makes it an offence to, without reasonable excuse, abandon or decommission a relevant installation otherwise than in accordance with an approved abandonment programme.
	Paragraph 3 amends section 29 of the Petroleum Act 1998 to require persons to whom a notice is issued under that section to consult the OGA before submitting an abandonment programme for approval. This is to enable the OGA to consider and advise on, in particular, possible alternatives to decommissioning, such as preservation or re-use, and making appropriate provision in the abandonment programme to reduce the costs of carrying out the programme. The requirement to consider re-use includes re-use for purposes other than for which the infrastructure was originally put.
	Paragraph 3 also amends section 29 to create a duty on persons to whom a notice under section 29 is given to frame the abandonment plan (whether by means of the timing of the measures proposed, the inclusion of provision for collaboration with other persons, or otherwise) in such a way as to enable decommissioning to be carried out at the lowest practicable cost. The requirement that abandonment programmes are carried out at the lowest cost reasonably practicable in the circumstances is without prejudice to any existing obligations under both primary and secondary legislation, including, for example, those relating to the environment or health and safety.
	Paragraph 4 amends section 32 of the Petroleum Act 1998 to clarify that any modifications or conditions imposed by the Secretary of State under an abandonment programme pursuant to section 32 may, in particular, include those intended to reduce the total cost of carrying out the programme and those requiring persons who submitted a programme to carry out and publish a review of the programme and its implementation. These amendments require that modifications or conditions may not increase the total costs to be met any person who is subject to obligations under an abandonment programme.
	Paragraph 4 also amends section 32 to create a duty on the Secretary of State to take into account the costs of carrying out the abandonment programme when reaching a decision regarding an abandonment programme submitted under section 29, and whether these costs can be reduced by modifying the programme or making it subject to conditions. It also creates a duty on the Secretary of State to consult the OGA before approving an abandonment programme.
	Paragraph 5 amends section 33 of the Petroleum Act 1998 (failure to submit a programme) to create a duty on the Secretary of State, when preparing an abandonment programme pursuant to that section, to frame the abandonment programme (whether by means of the timing of the measures proposed, the inclusion of provision for collaboration with other persons, or otherwise) in such a way as to enable decommissioning to be carried out at the lowest cost reasonably practicable. This cost requirement is without prejudice to any existing obligations under both primary and secondary legislation, including, for example, those relating to the environment or health and safety.
	Paragraph 5 also creates a duty on the Secretary of State, when preparing an abandonment programme pursuant to section 33, to consult the OGA. This is to enable the OGA to consider and advise on, in particular, possible alternatives to decommissioning, such as preservation or re-use, and making appropriate provision in the abandonment programme to reduce the costs of carrying out the programme.
	Paragraph 6 amends section 34 of the Petroleum Act 1998 (revision of programmes) to create a duty on those proposing revisions to an abandonment programme pursuant to the section which are likely to have an effect on the cost of carrying it out to frame those revisions as to ensure that the cost of decommissioning is kept to the minimum reasonably practicable in the circumstances. This requirement is without prejudice to any existing obligations under both primary and secondary legislation, including, for example, those relating to the environment or health and safety.
	Paragraph 6 also creates a duty on the Secretary of State to consult the OGA before making a determination on whether the revision in question should be made if it appears likely that the revision will have an effect on the cost of carrying out the abandonment plan. This is to enable the OGA to consider and advise on, in particular, possible alternatives to decommissioning, such as preservation or re-use, and making appropriate provision in the abandonment programme to reduce the costs of carrying out the programme.
	Paragraph 7 inserts a new section 34A in to the Petroleum Act 1998 regarding approved abandonment programmes that include provision by which the programme may be amended. It creates a duty on a person who proposes an amendment under such a provision that is likely to have an effect on costs to frame the amendment so as to ensure that the cost of carrying out the abandonment plan is kept to the minimum reasonably practicable in the circumstances. This requirement is without prejudice to any existing obligations under both primary and secondary legislation, including, for example, those relating to the environment or health and safety.
	If it appears to the person making such an amendment that it is likely to have an effect on costs, the person must consult the OGA before making the amendment. This is to enable the OGA to consider and advise on, in particular, possible alternatives to decommissioning, such as preservation or re-use, and making appropriate provision in the abandonment programme to reduce the costs of carrying out the programme.
	Paragraph 8 inserts a new section 36A into the Petroleum Act 1998 which gives the Secretary of State the power to require a person to take action (or refrain from taking action), by written notice, to ensure the total cost of decommissioning is minimised whilst the abandonment programme is being carried out. It specifies that such a notice may, in particular, relate to the timing of decommissioning measures or collaboration with others.
	Failure to comply with such a written notice from the Secretary of State without reasonable excuse is an offence.
	Paragraph 9 amends section 37 of the Petroleum Act 1998 (default in carrying out programmes) to create a duty on the Secretary of State to consult the OGA if it appears to the Secretary of State that any remedial action proposed pursuant to the section is likely to have an effect on the cost of carrying out the abandonment programme.
	Paragraphs 10-12 make a number of minor and consequential changes for the purpose of Part 4 of the Petroleum Act 1998 as a result of the provisions made under paragraphs 2 and 8.
	Paragraph 13 amends section 30 of the Energy Act 2008 (abandonment of carbon storage installations) to disapply the changes made by Schedule 2 to Part 4 of the Petroleum Act 1998 to the decommissioning of carbon capture and storage installations and infrastructure.