Abatement of works abandoned or decayedE+W+S
39. Where Work No. 1(a), Work No. 1(b), Work No. 2 or Work No. 3 or any part of those works is 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), Work No. 1(b), Work No. 2 or Work No. 3 or any relevant part of those works, without prejudice to any notice served under section 105(2) of the 2004 Act(1). The notice may also require the restoration of the site of the relevant part(s) of Work No. 1(a), Work No. 1(b), Work No. 2 or Work No. 3 to a safe and proper condition within an area and to such an extent as may be specified in the notice.
Commencement Information
I1Art. 39 in force at 22.4.2022, see art. 1(2)
Section 105(2) was substituted by section 69(3) of the Energy Act 2008 (c. 32).