Commentary on Sections Petroleum and geothermal energy in deep-level land Section 47: Payment and notice schemes: supplementary provision
274.Section 47 provides for supplementary provisions relating to the payment and notice schemes regulations under sections 45 and 46 including, in accordance with subsection (1), the imposition of financial penalties.
275.Subsection (2) allows for the regulations to confer a function on the Secretary of State or to any other person, apart from Welsh Ministers. Subsection (3) lists examples of the kinds of functions that may be imposed.
276.Some of the provisions in sections 45, 46, and 47 state that particular kinds of provisions may be made in regulations made under sections 46 and 47. Subsection (4) states that where this is the case, those provisions in sections 45, 46, and 47, do not limit the powers to make the necessary regulations.
277.In accordance with the principles of better regulation, subsection (5) requires a review of sections 45 and 46 five years after the provisions have come into force. Subsection (6) stipulates that the Secretary of State must repeal sections 45 and 46 and make any appropriate consequential amendments if the relevant conditions as defined by subsection (7) are met. Subsection (7) defines the relevant conditions as a delegated power not being exercised within seven years and the Secretary of State being satisfied there is no convincing case for retaining it. This ensures that the powers and related provisions will not remain on the statute book if they become unnecessary or redundant.