The Secretary of State may, on payment of such a fee1 as may with the consent of the Treasury be prescribed2, grant to such persons as he thinks fit licences for the exploration3 or exploitation4 licences, except where the Scottish Ministers have power to grant the exploration or exploitation licence in question5. An exploration or an exploitation licence may be granted for such period as the Secretary of State thinks fit and must not come into force before the date on which a corresponding contract comes into force6. An exploration or exploitation licence may contain such terms and
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Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
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