Energy Act 2004

108 Reviews and revisions of decommissioning programmes U.K.

(1) The [F1 appropriate Minister] must, from time to time, conduct such reviews of a decommissioning programme approved by him as he considers appropriate.

(2) A proposal—

(a) to modify a decommissioning programme approved by the [F1 appropriate Minister], or

(b) to modify a condition to which such a programme is subject,

may be made by the [F1 appropriate Minister], or by the person who submitted the programme or (if there is more than one of them) by all of them acting jointly.

(3) A proposal—

(a) to relieve a person of his duty under section 109(1) in relation to a decommissioning programme approved by the [F1 appropriate Minister], or

(b) as respects such a programme, to impose that duty upon a person not previously subject to it (whether in addition to or in substitution for another person),

may be made by the [F1 appropriate Minister] or by the person for the time being subject to that duty or (if there is more than one person subject to that duty) by any one or more of them.

[F2 (3A) A proposal under subsection (3)(b) may, in particular, be made in relation to a body corporate associated with a person who has a duty under section 109(1) (and for this purpose “associated” is to be construed in accordance with section 105A(3) to (8)).]

(4) A proposal under subsection (2) or (3) may be made only by way of notice given—

(a) if the proposal is the [F1 appropriate Minister]'s, to every person whose duty under section 109(1) in relation to the programme would be affected or relieved under the proposal or who would become subject to such a duty; and

(b) in any other case, to the [F1 appropriate Minister].

(5) An opportunity of making representations to the [F1 appropriate Minister] about a proposal of his under this section must be given by him to every person to whom notice of the proposal is required to have been given.

(6) It is to be for the [F1 appropriate Minister], after considering any representations made to him, to determine whether or not effect should be given to a proposal of his, or of any other person, under this section.

(7) Before making a determination under subsection (6) with respect to a proposal in relation to a decommissioning programme relating to a relevant object which is to be or is, F3 ... 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.

(8) Where the [F1 appropriate Minister] makes a determination under subsection (6), he must give notice of his determination, and of his reasons for it, to—

(a) every person who, before the determination, had a duty under section 109(1) in relation to the programme; and

(b) every person who will become subject to such a duty as a result of the determination.

(9) Where the [F1 appropriate Minister] gives notice under subsection (8) in respect of a proposal, this Chapter shall have effect after the giving of that notice—

(a) in the case of a proposal under subsection (2), as if the programme in question had been approved subject to the modifications specified in the determination; and

(b) in the case of a proposal under subsection (3), as if that programme had been submitted to the [F1 appropriate Minister] by the person or persons so specified.

(10) Where the [F1 appropriate Minister] gives notice under subsection (8) to a person that he is to become subject to a duty under section 109(1) in relation to a programme, the [F1 appropriate Minister] may by notice to that person require him—

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

(b) to provide it at such time, and in accordance with such requirements, as may be specified by the [F1 appropriate Minister];

and a requirement under this subsection has effect as if it were a condition of the approval of the 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 S. 108(3A) inserted (6.4.2009) by Energy Act 2008 (c. 32), ss. 69(5), 110(2); S.I. 2009/45, art. 4(b)(ii)

F3 Words in s. 108(7) 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. 108 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)(b) (with arts. 51, 53)

Commencement Information

I1 S. 108 in force at 1.10.2005 by S.I. 2005/877, art. 2(2), Sch. 2