14(1)Section 6 (controlled operations: carrying out of works to remedy a default) is amended as follows.E+W+S
(2)In subsection (1)—
(a)for “without the consent of the Minister” substitute “ in breach of section 5(2) ”,
(b)for “failure to comply with any conditions subject to which the Minister's consent to the carrying out of any controlled operations has been granted” substitute “ relevant failure to comply ”, and
(c)after “foregoing section” insert “ or in circumstances involving a relevant failure to comply ”.
(3)In subsection (5) for the words from “failed” to the end substitute “ was responsible for the relevant failure to comply. ”
(4)After subsection (8) insert—
“(9)In this section “relevant failure to comply” means—
(a)in a case where the Minister's consent to the carrying out of controlled operations has been obtained under section 5, a failure to comply with any conditions subject to which the Minister's consent was granted;
(b)in a case where the carrying out of controlled operations has been authorised by an order granting development consent under the Planning Act 2008, a breach of the terms of the order or other failure to comply with the terms of the order.”
Commencement Information
I1Sch. 2 para. 14 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)