Energy Act 2004

111 Regulations about decommissioning U.K.

(1) The [F1 appropriate Minister] may make regulations relating to the decommissioning of relevant objects in waters regulated under this Chapter.

(2) The provision that may be contained in regulations under this section includes, in particular—

(a) provision prescribing standards in respect of decommissioning;

(b) provision prescribing standards and safety requirements in respect of anything left in place where a relevant object is not wholly removed;

(c) provision about the security that a person may be required to provide under this Chapter;

(d) provision for the prevention of pollution;

(e) provision for inspections, including provision as to the payment of the costs of inspections.

(3) Regulations under this section may include provision making it an offence to contravene provisions of the regulations.

(4) Where the regulations under this section create an offence, they must make provision as to the mode of trial and punishment of offenders; but there is no power for regulations under this section—

(a) to impose a penalty of imprisonment on summary conviction, or to impose a maximum fine, on summary conviction, of more than the statutory maximum; or

(b) to impose a maximum term of imprisonment, on conviction on indictment, of more than two years.

(5) Before making regulations under this section, the [F1 appropriate Minister] must consult—

(a) organisations appearing to him to be representative of persons who will be affected by the regulations; and

(b) any other persons he considers appropriate.

(6) Before making regulations under this section containing provision that relates to the decommissioning of relevant objects which are to be or are, F2 ... partly—

(a) in Scottish waters, or

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

the Secretary of State must consult the Scottish Ministers.

(7) Regulations under this section[F3 —

(a) if made by the Secretary of State,] are subject to the negative resolution procedure[F4 ;

(b) if made by the Scottish Ministers, are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).]

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. 111(6) 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)

F3 Words in s. 111(7) inserted (1.4.2017) by Scotland Act 2016 (c. 11), ss. 62(13)(a), 72(4)(e); S.I. 2017/300, reg. 3 (with regs. 4-6)

F4 S. 111(7)(b) inserted (1.4.2017) by Scotland Act 2016 (c. 11), ss. 62(13)(b), 72(4)(e); S.I. 2017/300, reg. 3 (with regs. 4-6)

Commencement Information

I1 S. 111 in force at 1.10.2005 by S.I. 2005/877, art. 2(2), Sch. 2