32 Approval of programmes.U.K.
(1)The Secretary of State may either approve or reject a programme submitted to him under section 29.
(2)If he approves a programme, the Secretary of State may approve it with or without modifications and either subject to conditions or unconditionally.
[F1(2A)The modifications or conditions may (in particular) include modifications or conditions—
(a)which are intended (whether by means of the timing of the measures proposed, the inclusion of provision for collaboration with other persons, or otherwise) to reduce the total cost of carrying out the programme, provided that they do not increase the total costs to be met by any person who is to be subject to obligations under the programme or under any other abandonment programme;
(b)requiring the persons who submitted the programme to carry out and publish or make available to the Secretary of State and the OGA a review of the programme and its implementation including, where relevant, recommendations as to the contents and implementation of future abandonment programmes.]
(3)Before approving a programme with modifications or subject to conditions, the Secretary of State shall give the persons who submitted the programme an opportunity to make written representations about the proposed modifications or conditions.
(4)If he rejects a programme, the Secretary of State shall inform the persons who submitted it of his reasons for doing so.
(5)The Secretary of State shall act without unreasonable delay in reaching a decision as to whether to approve or reject a programme.
[F2(6)Before reaching a decision under this section the Secretary of State must—
(a)consult the OGA, and
(b)take into account the cost of carrying out the programme that has been submitted and whether it is possible to reduce that cost by modifying the programme or making it subject to conditions.
(7)When consulted under subsection (6)(a), the OGA must (in particular) consider and advise on—
(a)alternatives to abandoning or decommissioning the installation or pipeline, such as re-using or preserving it, and
(b)whether section 29(2A)(b) has been complied with and, if it has not been, modifications or conditions that would enable it to be complied with.]
Textual Amendments
F1S. 32(2A) inserted (1.10.2016) by Energy Act 2016 (c. 20), s. 84(3), Sch. 2 para. 4(2); S.I. 2016/920, reg. 2(c)
F2S. 32(6)(7) inserted (1.10.2016) by Energy Act 2016 (c. 20), s. 84(3), Sch. 2 para. 4(3); S.I. 2016/920, reg. 2(c)
Modifications etc. (not altering text)
C1Pt. 4 applied (with modifications) (26.12.2023) by 2008 c. 32, s. 30(1AA)(1AB) (as inserted by Energy Act 2023 (c. 52), ss. 95(3), 334(3)(b))
C2S. 32(1) modified (1.7.1999) by S.I. 1999/672, arts. 1(2), 5, Sch. 2
S. 32(1) modified (1.7.1999) by S.I. 1999/1750 arts. 1(1), 4, Sch. 3
C3S. 32(2) modified (1.7.1999) by S.I. 1999/672, arts. 1(2), 5, Sch. 2