Energy Act 2004

110 Default in carrying out decommissioning programmes U.K.

(1) Where—

(a) a decommissioning programme approved by the [F1 appropriate Minister] is not carried out in a particular respect, or

(b) a condition to which the approval is subject is contravened,

the [F1 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 [F1 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 [F1 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 [F1 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 [F1 appropriate Minister] to be comparable with commercial rates.

Textual Amendments

F1 Words 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)

C1 S. 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

I1 S. 110 in force at 1.10.2005 by S.I. 2005/877, art. 2(2), Sch. 2