Implementation of decommissioning programmesU.K.
109Carrying out of decommissioning programmesU.K.
(1)Where a decommissioning programme is approved by the [appropriate Minister], 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 [appropriate Minister], 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 [appropriate Minister].
Textual Amendments
Modifications etc. (not altering text)
Commencement Information
110Default in carrying out decommissioning programmesU.K.
(1)Where—
(a)a decommissioning programme approved by the [appropriate Minister] is not carried out in a particular respect, or
(b)a condition to which the approval is subject is contravened,
the [appropriate Minister] 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 [appropriate Minister] 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 [appropriate Minister] by virtue of subsection (5) must also pay interest on that sum for the period which—
(a)begins with the day on which the [appropriate Minister] 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 [appropriate Minister] to be comparable with commercial rates.
Textual Amendments
Modifications etc. (not altering text)
Commencement Information
[110AProtection of funds held for purposes of decommissioningU.K.
(1)This section applies where any security in relation to the carrying out of an approved decommissioning programme, or for compliance with the conditions of its approval, has been provided by a person (“the security provider”) by way of a trust or other arrangements.
(2)In this section a reference to “the protected assets” is a reference to the security and any property or rights in which it consists.
(3)The manner in which, and purposes for which, the protected assets are to be applied and enforceable (whether in the event of the security provider's insolvency or otherwise) is to be determined in accordance with the trust or other arrangements.
(4)For the purposes of subsection (3), no regard is to be had to so much of the Insolvency Act 1986, the Insolvency (Northern Ireland) Order 1989 or any other enactment or rule of law as, in its operation in relation to the security provider or any conduct of the security provider, would—
(a)prevent or restrict the protected assets from being applied in accordance with the trust or other arrangement, or
(b)prevent or restrict their enforcement for the purposes of being so applied.
(5)In subsection (4) “enactment” includes an instrument made under an enactment.
Textual Amendments
Modifications etc. (not altering text)
110BSection 110A: supplementalU.K.
(1)The [appropriate Minister] may direct a security provider to publish specified information about the protected assets.
(2)A direction under this section may specify—
(a)the time when the information must be published, and
(b)the manner of publication.
(3)If a security provider fails to comply with a direction, the [appropriate Minister] or a creditor of the security provider may make an application to the court under this section.
(4)If, on an application under this section, the court decides that the security provider has failed to comply with the direction, it may order the security provider to take such steps as the court directs for securing that the direction is complied with.
(5)In this section—
(6)In subsections (3) and (4) references to “the court” are references—
(a)to the High Court, in relation to an application in England and Wales or Northern Ireland, or
(b)to the Court of Session, in relation to an application in Scotland.]
Textual Amendments
Modifications etc. (not altering text)