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Energy Act 2004
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- 2004 c. 20
- Part 2
- Chapter 3
- Decommissioning regulations
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Changes and effects yet to be applied to Part 2 Chapter 3 Crossheading Decommissioning-regulations:
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- s. 125-125C substituted for s. 125 by 2008 c. 27 Sch. 7 para. 2
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
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- Act modified by S.I. 2006/772 rule 68
- Blanket amendment text amended by S.I. 2011/1043 art. 3 6
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 59A inserted by 2005 c. 15 Sch. 4 para. 199
- s. 105A inserted by 2008 c. 32 s. 69(4)
- s. 110A 110B inserted by 2008 c. 32 s. 70(1)
- s. 112A inserted by 2008 c. 32 s. 71
- s. 121A inserted by S.I. 2008/1888 reg. 2
- s. 131A-131C inserted by 2008 c. 27 Sch. 7 para. 6
Commencement Orders yet to be applied to the Energy Act 2004:
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Commencement Orders bringing provisions within this Act into force:
- S.I. 2004/1973 art. 2 commences (2004 c. 20)
- S.I. 2004/2184 art. 2 commences (2004 c. 20)
- S.I. 2004/2575 art. 2 Sch. 1 2 commences (2004 c. 20)
- S.I. 2005/442 art. 2 commences (2004 c. 20)
- S.I. 2005/877 art. 2 commences (2004 c. 20)
- S.I. 2005/2965 art. 2-4 commences (2004 c. 20)
- S.I. 2006/1964 art. 2 commences (2004 c. 20)
- S.I. 2007/1091 art. 2 commences (2004 c. 20)
- S.I. 2009/1269 art. 2 3 commences (2004 c. 20)
- S.I. 2010/1889 art. 2 commences (2004 c. 20)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2006/378 art. 2-7 Sch. commences (2005 c. 15)
- S.I. 2007/709 art. 2-4 commences (2006 c. 48)
- S.I. 2008/2550 art. 2 Sch. commences (2007 c. 17)
- S.I. 2009/45 art. 2-4 Commencement Order
- S.I. 2009/2809 art. 2 commences (2008 c. 32)
- S.I. 2010/298 art. 2 Sch. commences (2009 c. 23)
- S.I. 2010/507 art. 2-5 commences (2009 c. 26)
- S.I. 2011/1066 art. 2 commences (2010 c. 15)
- S.S.I. 2011/58 art. 2 3 commences (2010 asp 5)
Prospective
Decommissioning regulationsE+W+S+N.I.
111Regulations about decommissioningE+W+S+N.I.
(1)The Secretary of State may make regulations relating to the decommissioning of relevant objects in waters regulated under this Chapter.
(2)The provision that may be contained in regulations under this section includes, in particular—
(a)provision prescribing standards in respect of decommissioning;
(b)provision prescribing standards and safety requirements in respect of anything left in place where a relevant object is not wholly removed;
(c)provision about the security that a person may be required to provide under this Chapter;
(d)provision for the prevention of pollution;
(e)provision for inspections, including provision as to the payment of the costs of inspections.
(3)Regulations under this section may include provision making it an offence to contravene provisions of the regulations.
(4)Where the regulations under this section create an offence, they must make provision as to the mode of trial and punishment of offenders; but there is no power for regulations under this section—
(a)to impose a penalty of imprisonment on summary conviction, or to impose a maximum fine, on summary conviction, of more than the statutory maximum; or
(b)to impose a maximum term of imprisonment, on conviction on indictment, of more than two years.
(5)Before making regulations under this section, the Secretary of State must consult—
(a)organisations appearing to him to be representative of persons who will be affected by the regulations; and
(b)any other persons he considers appropriate.
(6)Before making regulations under this section containing provision that relates to the decommissioning of relevant objects which are to be or are, wholly or partly—
(a)in Scottish waters, or
(b)in waters in a Scottish part of a Renewable Energy Zone,
the Secretary of State must consult the Scottish Ministers.
(7)Regulations under this section are subject to the negative resolution procedure.
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