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35. Where any of the offshore works or any part of them 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 either to repair, make safe and restore one or any of those works, or remove Work No. 1 or any relevant part of it, without prejudice to any notice served under section 105(2) (requirement to prepare decommissioning programmes) of the 2004 Act(1). The notice may also require the restoration of the site of the relevant part(s) of Work No 1.
Section 105(2) was substituted by section 69(2) of the Energy Act 2008 (c. 32).
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