Commentary on Sections Part 2: Security of Energy Supplies Chapter 3: Upstream Petroleum Infrastructure Section 83: Power of Secretary of State to give a notice under section 82(11) on own initiative
224.This section sets out the new process by which the Secretary of State may issue an access notice on his or her own initiative.
225.Subsection (1) limits the use of the power to situations in which an access application has been made to an owner, but the owner and the applicant do not reach agreement on the application. Where it applies, subsection (2) allows the Secretary of State to issue an access notice, but subject to section 82(8) above, and to the two following subsections.
226.Under subsection (3), the Secretary of State may not issue such a notice unless satisfied that the applicant and owner have had a reasonable time in which to reach an agreement (as in section 82); but must further be satisfied that there is no reasonable prospect of them doing so.
227.Under subsection (4) the Secretary of State must, in considering whether to exercise the power, take into account the matters specified in section 82(7) and also give an opportunity to be heard to the persons identified in section 83(5).