Matheson LLP
8 Experts
6 Contributions by Matheson LLP Experts
PRACTICE NOTES
Oversight of UK decommissioning policy and its delivery sits with the Department for Energy Security and Net Zero (DESNZ). Formed on 7 February 2023, DESNZ assumed the energy remit of the former Department for Business, Energy and Industrial Strategy (BEIS), which has now been dissolved, including its responsibilities for decommissioning. Any mention of ‘BEIS’ in this practice note refers to the department’s former functions. Although the UK issues policy documents, a substantial portion of the regime is driven by the UK’s commitments under international law.
International Law—installations
The 1958 Geneva Convention on the Continental Shelf (Geneva Convention) was the first treaty to set out the law of the sea, and it remains the only convention that expressly mentions the ‘removal’ of installations. The United Kingdom gave effect to the Convention domestically in 1964 through the Continental Shelf Act 1964 (CSA 1964), which vested in the Crown all
Energy
PRACTICE NOTES
This Practice Note sets out a high-level guide to Regulation (EU) 2022/1925, the EU Digital Markets Act (DMA), viewed from an Irish standpoint. It addresses the DMA’s effects on the Irish marketplace, outlines the suite of rules the DMA introduces, explains how gatekeepers are designated, and describes the European Commission’s enforcement toolkit under the regime. It also considers worldwide compliance expectations, the forthcoming steps towards rolling out the DMA, and the key dates for meeting the obligations it imposes.
The Digital Markets Act
On 15 December 2020, the European Commission (the Commission) unveiled proposals for two EU-wide measures to govern digital services-the Digital Services Act and the Digital Markets Act. On 27 October 2022, the Commission completed adoption of the DMA by publishing its text in the EU Official Journal, triggering a six‑month transition period before the DMA became enforceable on 2 May 2023. The DMA aims to
Ireland - Commercial
PRACTICE NOTES
Introduction
The Industry Mutual Hold Harmless Scheme (IMHH) was launched in 2002 after a thorough cross-industry consultation, coordinated by Leading Oil and Gas Industry Competitiveness (LOGIC). Its aim was to bridge the ‘contractual gap’ between contractors where the LOGIC Standard Conditions of Contract (the “LOGIC Standard Conditions”)—or other agreements using a ‘small family’ indemnity regime (see below)—were applied. The LOGIC Standard Conditions are standard-form contract terms issued by LOGIC, originally created to cover the lifecycle of oil and gas activities, including onshore and offshore services, well services and construction. They are now also employed for offshore renewable energy projects, for example the construction and/or maintenance of offshore wind farms (together with related transmission infrastructure), as well as the construction and maintenance of electricity interconnectors. The IMHH framework is likewise commonly used on offshore projects where newly constructed assets are located near existing
Energy
PRACTICE NOTES
The Petroleum Act 1998 (PA 1998) empowers the Secretary of State (SoS) to issue licences to companies, permitting them to explore, drill for and recover petroleum, under the oversight and direction of the North Sea Transition Authority (NSTA) (previously called the Oil & Gas Authority) (see Practice Notes: Oil & Gas—UKCS licensing regime and North Sea Transition Authority (NSTA) for further background). Decommissioning, by contrast, is overseen by the Offshore Petroleum Regulator for Environment and Decommissioning (OPRED), within the Department for Energy Security and Net Zero (DESNZ), working in consultation with the NSTA as necessary. Up to 14 July 2016, the government department in charge of energy policy was the Department of Energy and Climate Change (DECC). From 14 July 2016, DECC was folded into the Department for Business, Energy and Industrial Strategy (BEIS). On 7 February 2023, the Department for Energy
Energy
PRACTICE NOTES
By design, offshore oil and gas decommissioning programmes are intricate pieces of work. They demand collaboration across every department within the organisations proposing the programme, together with close engagement with the Department for Energy Security and Net Zero (DESNZ), the North Sea Transition Authority (NSTA) (previously the Oil & Gas Authority), and the support of a range of stakeholders. DESNZ was created on 7 February 2023 and assumed the energy brief of the former Department for Business, Energy and Industrial Strategy (BEIS), which has now been wound up. Any mention of ‘BEIS’ in this practice note refers to BEIS’s former functions. The rights and duties connected to decommissioning programmes sit in Part IV of the Petroleum Act 1998 (PA 1998). That said, PA 1998 largely supplies the framework and procedures, while most practical detail about
Energy
PRACTICE NOTES
The Master Deed is the standardised mechanism used across the United Kingdom Continental Shelf (UKCS) to formalise asset transfers. It is long-established and addresses two strands: (i) pre-emption, and (ii) standardised transfer arrangements. Its four principal objectives are to:
bring existing pre-emption provisions into a common form
provide pro-forma transfer arrangements
cut complexity around document execution, and
deliver greater certainty over completion timing
Structure
The concept is embedded in the main body of the Master Deed, but most day-to-day operative provisions sit in the schedules, arranged as follows:
main body — appoints the Administrator to operate the Master Deed processes and provides for new parties to join via a Deed of Adherence
schedule 1 — lists the Contracting Parties at the date of signature
schedule 2 — New Transfer Arrangements — whose Annexes include the Execution Deed
schedule 3 — New Pre-Emption Arrangements, and
schedule 4 — Deed of
Energy
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