Part 2Sustainability and Renewable Energy Sources

Chapter 3Decommissioning of offshore installations

Decommissioning regulations

I1111Regulations about decommissioning

1

The Secretary of State may make regulations relating to the decommissioning of relevant objects in waters regulated under this Chapter.

2

The provision that may be contained in regulations under this section includes, in particular—

a

provision prescribing standards in respect of decommissioning;

b

provision prescribing standards and safety requirements in respect of anything left in place where a relevant object is not wholly removed;

c

provision about the security that a person may be required to provide under this Chapter;

d

provision for the prevention of pollution;

e

provision for inspections, including provision as to the payment of the costs of inspections.

3

Regulations under this section may include provision making it an offence to contravene provisions of the regulations.

4

Where the regulations under this section create an offence, they must make provision as to the mode of trial and punishment of offenders; but there is no power for regulations under this section—

a

to impose a penalty of imprisonment on summary conviction, or to impose a maximum fine, on summary conviction, of more than the statutory maximum; or

b

to impose a maximum term of imprisonment, on conviction on indictment, of more than two years.

5

Before making regulations under this section, the Secretary of State must consult—

a

organisations appearing to him to be representative of persons who will be affected by the regulations; and

b

any other persons he considers appropriate.

6

Before making regulations under this section containing provision that relates to the decommissioning of relevant objects which are to be or are, wholly or partly—

a

in Scottish waters, or

b

in waters in a Scottish part of a Renewable Energy Zone,

the Secretary of State must consult the Scottish Ministers.

7

Regulations under this section are subject to the negative resolution procedure.