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Energy Act 2004
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Changes over time for: Section 110
Alternative versions:
- 01/10/2005- Amendment
- 30/06/2015- Amendment
- 01/04/2017- Amendment
- 31/03/2022
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Energy Act 2004, Section 110 is up to date with all changes known to be in force on or before 13 February 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.
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110Default in carrying out decommissioning programmesU.K.
This section has no associated Explanatory Notes
(1)Where—
(a)a decommissioning programme approved by the [F1appropriate Minister] is not carried out in a particular respect, or
(b)a condition to which the approval is subject is contravened,
the [F1appropriate 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 [F1appropriate 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 [F1appropriate 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 [F1appropriate 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 [F1appropriate Minister] to be comparable with commercial rates.
Textual Amendments
F1Words in Pt. 2 Ch. 3 substituted (1.4.2017) by Scotland Act 2016 (c. 11), ss. 62(10)(11), 72(4)(e); S.I. 2017/300, reg. 3 (with regs. 4-6)
Modifications etc. (not altering text)
C1S. 110 applied (with modifications) in part (E.W.S.) (30.6.2015) by The Swansea Bay Tidal Generating Station Order 2015 (S.I. 2015/1386), arts. 1, 42(4)(5)(d) (with arts. 51, 53)
Commencement Information
I1S. 110 in force at 1.10.2005 by S.I. 2005/877, art. 2(2), Sch. 2
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