No versions valid at: 01/03/2005
Point in time view as at 01/03/2005. This version of this cross heading contains provisions that are not valid for this point in time.
Energy Act 2004, Cross Heading: Implementation of decommissioning programmes is up to date with all changes known to be in force on or before 03 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Valid from 01/10/2005
(1)Where a decommissioning programme is approved by the Secretary of State, it shall be the duty of the person who submitted the programme to secure—
(a)that it is carried out in every respect; and
(b)that all the conditions to which the approval is subject are complied with.
(2)Where a relevant object is subject to a decommissioning programme approved by the Secretary of State, it is an offence for a person to take any measures for decommissioning that object unless he does so—
(a)in accordance with the programme; or
(b)with the agreement of the Secretary of State.
(1)Where—
(a)a decommissioning programme approved by the Secretary of State is not carried out in a particular respect, or
(b)a condition to which the approval is subject is contravened,
the Secretary of State may, by notice, require a person subject to the duty under section 109(1) in relation to the programme to take such remedial action as may be specified in the notice.
(2)Remedial action required by a notice under this section must be taken within such period as may be specified in the notice.
(3)A person who fails to comply with a notice given to him under this section is guilty of an offence.
(4)In proceedings against a person for an offence under this section it is a defence for him to show that he exercised due diligence to avoid the contravention in question.
(5)If a notice under this section is not complied with, the Secretary of State may—
(a)himself secure the carrying out of the remedial action required by the notice; and
(b)recover any expenditure incurred by him in doing so from the person to whom the notice was given.
(6)A person liable to pay a sum to the Secretary of State by virtue of subsection (5) must also pay interest on that sum for the period which—
(a)begins with the day on which the Secretary of State notified him of the sum payable; and
(b)ends with the date of payment.
(7)The rate of interest shall be a rate determined by the Secretary of State to be comparable with commercial rates.
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.
