29 Preparation of programmes.U.K.
(1)The Secretary of State may by written notice require—
(a)the person to whom the notice is given; or
(b)where notices are given to more than one person, those persons jointly,
to submit to the Secretary of State a programme setting out the measures proposed to be taken in connection with the abandonment of an offshore installation or submarine pipeline (an “abandonment programme”).
[F1(1A)The power to give a notice under subsection (1) is exercisable—
(a)on the Secretary of State's own motion, or
(b)at the request of any person to whom the notice may be given (whether or not the notice is given to that person).]
(2)A notice under subsection (1) shall either specify the date by which the abandonment programme is to be submitted or provide for it to be submitted on or before such date as the Secretary of State may direct.
[F2(2A)A person to whom a notice under subsection (1) is given—
(a)must consult the OGA before submitting the abandonment programme to the Secretary of State, and
(b)must frame the programme so as to ensure (whether by means of the timing of the measures proposed, the inclusion of provision for collaboration with other persons, or otherwise) that the cost of carrying it out is kept to the minimum that is reasonably practicable in the circumstances.
(2B)When consulted under paragraph (a) of subsection (2A) the OGA must (in particular) consider and advise on—
(a)alternatives to abandoning or decommissioning the installation or pipeline, such as re-using or preserving it, and
(b)how to comply with paragraph (b) of that subsection.]
(3)A notice under subsection (1) may require the person to whom it is given to carry out such [F3other] consultations as may be specified in the notice before submitting an abandonment programme.
(4)An abandonment programme—
(a)shall contain an estimate of the cost of the measures proposed in it;
(b)shall either specify the times at or within which the measures proposed in it are to be taken or make provision as to how those times are to be determined;
(c)if it proposes that an installation or pipeline be left in position or not wholly removed, shall include provision as to any continuing maintenance that may be necessary.
(5)A person who submits an abandonment programme to the Secretary of State under this section shall at the same time pay to him such fee in respect of his expenditure under this Part of this Act as may be determined in accordance with regulations under section 39.
(6)The Secretary of State may exercise his powers under this section notwithstanding that an abandonment programme has previously been submitted for the installation or pipeline [F4in question if the Secretary of State has under section 32—
(a)rejected that programme, or
(b)approved it (whether or not the approval has been withdrawn).]
Textual Amendments
F1S. 29(1A) inserted (1.10.2016) by Energy Act 2016 (c. 20), s. 84(3), Sch. 2 para. 3(2); S.I. 2016/920, reg. 2(c)
F2S. 29(2A)(2B) inserted (1.10.2016) by Energy Act 2016 (c. 20), s. 84(3), Sch. 2 para. 3(3); S.I. 2016/920, reg. 2(c)
F3Word in s. 29(3) inserted (1.10.2016) by Energy Act 2016 (c. 20), s. 84(3), Sch. 2 para. 3(4); S.I. 2016/920, reg. 2(c)
F4Words in s. 29(6) substituted (26.12.2023) by Energy Act 2023 (c. 52), ss. 95(9), 334(3)(b)
Modifications etc. (not altering text)
C1Pt. 4 applied (with modifications) (26.12.2023) by 2008 c. 32, s. 30(1AA)(1AB) (as inserted by Energy Act 2023 (c. 52), ss. 95(3), 334(3)(b))