Energy Act 2004

106 Approval of decommissioning programmes U.K.

(1) The [F1 appropriate Minister] may either approve or reject a programme submitted to him under section 105.

(2) Before approving or rejecting a decommissioning programme relating to a relevant object which is to be or is, F2 ... partly—

(a) in an area of Scottish waters, or

(b) in an area of waters in a Scottish part of a Renewable Energy Zone,

the Secretary of State must consult the Scottish Ministers.

(3) If the [F1 appropriate Minister] approves a programme, he may do so—

(a) with or without modifications; and

(b) either subject to conditions or unconditionally.

(4) His power to approve it subject to conditions includes, in particular, power to approve it subject to a condition that the person who submitted the programme—

(a) provides such security in relation to the carrying out of the programme, and for his compliance with the conditions (if any) of its approval, as may be specified by the [F1 appropriate Minister]; and

(b) provides that security at such time, and in accordance with such requirements, as may be specified by the [F1 appropriate Minister].

(5) Before approving a programme with modifications or subject to conditions, the [F1 appropriate Minister] must give the person who submitted it an opportunity of making representations about the proposed modifications or conditions.

(6) The power of the [F1 appropriate Minister] to approve a programme subject to conditions includes power, where more than one person submitted it, to impose different conditions in relation to different persons.

(7) If he rejects a programme, the [F1 appropriate Minister]—

(a) must inform the person who submitted it of his reasons for doing so; and

(b) may exercise his power under section 105 to require the submission of a new one.

(8) The [F1 appropriate Minister] must act without unreasonable delay in reaching a decision as to whether to approve or reject a programme.

Textual Amendments

F1 Words in Pt. 2 Ch. 3 substituted (1.4.2017) by Scotland Act 2016 (c. 11), ss. 62(10)(11), 72(4)(e); S.I. 2017/300, reg. 3 (with regs. 4-6)

F2 Words in s. 106(2) omitted (1.4.2017) by virtue of Scotland Act 2016 (c. 11), ss. 62(11)(12), 72(4)(e); S.I. 2017/300, reg. 3 (with regs. 4-6)

Modifications etc. (not altering text)

C1 S. 106 applied (with modifications) (E.W.S.) (30.6.2015) by The Swansea Bay Tidal Generating Station Order 2015 (S.I. 2015/1386), arts. 1, 42(4)(5)(a) (with arts. 51, 53)

Commencement Information

I1 S. 106 in force at 1.10.2005 by S.I. 2005/877, art. 2(2), Sch. 2