Energy Act 2008

53 Power to review operation of programme E+W+N.I.

(1) This section applies where a funded decommissioning programme has been approved by the Secretary of State in relation to a site under section 46.

(2) The Secretary of State may by notice in writing require information relating to the operation of the programme from—

(a) the site operator;

(b) any other person who has obligations under the programme.

(3) A notice under subsection (2) may be given only for the purpose of enabling the Secretary of State to determine—

(a) whether the programme is being complied with;

(b) whether it will be possible for obligations under the programme arising at a future date to be complied with;

(c) whether the programme makes prudent provision for the technical matters (including the financing of the designated technical matters).

(4) Subsection (5) applies if the Secretary of State has reason to believe (whether as a result of information obtained under this section or otherwise)—

(a) that the programme is not being complied with,

(b) that it will not be possible for an obligation under the programme arising at a future date to be complied with, or

(c) that the programme does not make prudent provision for the matters mentioned in subsection (3)(c).

(5) The Secretary of State may by notice in writing require information from—

(a) the site operator,

(b) any other person who has obligations under the programme, or

(c) any body corporate associated with the site operator,

for the purpose of enabling the Secretary of State to determine whether to make a proposal, or the nature of any proposal to be made, under section 48 in respect of the programme.

(6) Where a notice under subsection (2) or (5) has been given, the Secretary of State may require the site operator to pay to the Secretary of State such fee in respect of costs incurred by the Secretary of State in obtaining advice in relation to the information as may be determined in accordance with regulations under section 54.

(7) A fee under subsection (6) must be paid at a time determined in accordance with regulations under section 54.

(8) If at any time it appears to the Secretary of State that a person has failed to comply with a notice under subsection (2) or (5), the Secretary of State may make an application to the High Court under this section.

(9) If, on an application under this section, the High Court decides that the person has failed to comply with the notice, it may order the person to take such steps as it directs for securing that the notice is complied with.

Commencement Information

I1 S. 53 in force at 6.4.2009 by S.I. 2009/45, art. 4(b)(i)