Part 2Sustainability and Renewable Energy Sources

Chapter 3Decommissioning of offshore installations

Supplementary provisions of Chapter 3 of Part 2

I1C1112Duty to inform F3appropriate Minister

1

A person who becomes responsible for a relevant object must notify the F3appropriate Minister that he has become so responsible.

2

For the purposes of this section a person becomes responsible for a relevant object if—

a

he makes a proposal to construct the object in waters regulated under this Chapter;

b

he makes a proposal for the extension or decommissioning in such waters of the object;

c

he makes a proposal to operate or use the object on completion of its construction in such waters;

d

he makes a proposal to operate or use the object on completion in such waters of any extension of it;

e

he becomes a party to a proposal mentioned in paragraphs (a) to (d);

f

he begins in such waters to construct, to extend, to operate or use or to decommission the object;

g

he begins to participate in any of the following activities carried on in such waters, the construction, extension, operation or use or decommissioning of the object.

3

A person is not required to notify the F3appropriate Minister that he has made a proposal, or become a party to a proposal, at any time before at least one of the statutory consents required for enabling effect to be given to the proposal has been given or applied for.

4

A person who notifies the F3appropriate Minister under this section that he has made a proposal, or has become a party to a proposal—

a

must specify in the notification what statutory consents required for giving effect to the proposal have been given, and what applications for such consents have been made; and

b

must notify him subsequently whenever such a consent or application is given or made.

5

A notification under this section must be given within such period after the obligation to give the notification arises as may be prescribed by regulations made by the F3appropriate Minister.

6

A person who contravenes the requirements of this section is guilty of an offence.

7

Regulations under this sectionF1

a

if made by the Secretary of State, are subject to the negative resolution procedureF2;

b

if made by the Scottish Ministers, are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

8

A reference in this section to participation in activities does not include a reference—

a

to participation on behalf of another person; or

b

to participation by acting in pursuance of an agreement to provide a service or services to a person carrying on those activities.

9

In this section “statutory consent” has the same meaning as in section 105.