Energy Act 2008

50 Power to disapply section 49

(1) The Secretary of State may make regulations disapplying section 49 in relation to modifications which—

(a) are proposed by a person within section 48(2) (other than the Secretary of State), and

(b) are of a description specified by the regulations.

(2) Before making regulations under subsection (1), the Secretary of State must consult—

(a) the Health and Safety Executive,

(b) the Environment Agency, and

(c) the Department of the Environment for Northern Ireland,

in so far as the regulations relate to a function conferred on the body by or under an enactment.

(3) The regulations may, in particular—

(a) describe a modification by reference to its financial consequences;

(b) specify that, in determining whether a modification is of a specified description or not, the cumulative financial effect of all modifications, or all modifications of a specified class, within a specified period is to be taken into account.

(4) In the case of a modification to which the regulations apply, the site operator must give notice of the modification to the Secretary of State in such manner as may be specified in the regulations.