Commentary on Sections Recovery of UK petroleum Section 42: Levy on holders of certain energy industry licences and Schedule 7: The Licensing Levy
250.Section 42 provides the Secretary of State with a power to raise a levy from the holders of certain energy industry licences.
251.Subsection (1) provides for the Secretary of State to impose a levy on persons holding licences for the exploitation of petroleum, the unloading and storing of gas and the storage of carbon dioxide.
252.Subsection (3) provides that the amount of levy must not exceed the costs incurred by the Secretary of State in carrying out relevant functions (these are set out in subsection (5)). The levy cannot be used to recover costs in respect of areas in which a charge is payable under the Gas and Petroleum (Consents) Charges Regulations 2013 as those provisions stand when this provision comes into force.
253.Schedule 7 contains illustrations of the way in which the levy power can be used.