Where Work No. 1(a) and Work No. 2 or any part of them are abandoned or allowed to fall into decay, the Secretary of State may, following consultation with the undertaker, issue a written notice requiring the undertaker at its own expense to repair and restore or remove Work No. 1(a) and Work No. 2 or any relevant part of them, without prejudice to any notice served under section 105(2) of the 2004 Act.

The notice may also require the restoration of the site of the relevant part(s) of Work No. 1(a) and Work No. 2 to a safe and proper condition within an area and to such an extent as may be specified in the notice.

If the undertaker fails to comply in any respect with a notice served under this article within the period of 30 days beginning with the date of service of the notice, the Secretary of State may take whatever steps the Secretary of State considers appropriate to achieve the result required by the notice, and any expenditure incurred by the Secretary of State in doing so shall be recoverable from the undertaker.