Commentary on provisions of Act Section 49: Onshore petroleum: existing licences
This section grants the power to the Secretary of State to make amendments to the provisions and model clauses of licences that were in existence before the commencement of devolved oil and gas licensing powers. This additional power is limited to those licences already in existence in onshore Scotland and to certain clauses within these, which require amendment in order for the licences to continue to function appropriately in relation to the reserved taxation powers.
	Subsection (1) grants the Secretary of State the power to make any amendments, that the Secretary of State deems necessary or expedient, under sections 47 and 48, to the provisions of an existing licence and to the model clauses that are incorporated or have the effect as if incorporated into such an existing licence.
	The provision also confers on the Secretary of State the power to split cross-border licences, where part of the licence acreage falls within onshore Scotland and the remainder of the acreage falls outwith of onshore Scotland.
	Subsection (3) specifies that the power of the Secretary of State to make amendments to model clauses under subsection (1) is to be exercised by regulations made by statutory instrument.
	Subsection (4) specifies that any such statutory instruments, containing regulations to make amendments to existing licences, shall be subject to annulment in pursuance of a resolution of either House of Parliament.
	Subsection (5) defines "existing licences" as those licences granted under section 3 of the Petroleum Act 1998 or under section 2 of the Petroleum (Production) Act 1934 before the commencement of the devolution of licensing powers to the Scottish Ministers for the Scottish onshore area.