Part 2Sustainability and Renewable Energy Sources
Chapter 3Decommissioning of offshore installations
Implementation of decommissioning programmes
I1109Carrying out of decommissioning programmes
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.
I2110Default in carrying out decommissioning programmes
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.