Energy Act 2004 (c. 20)

Part 2 U.K. Sustainability and Renewable Energy Sources

Chapter 3 U.K. Decommissioning of offshore installations

Supplementary provisions of Chapter 3 of Part 2 U.K.

112 Duty to inform [F1 appropriate Minister] U.K.

(1) A person who becomes responsible for a relevant object must notify the [F1 appropriate Minister] that he has become so responsible.

(2) For the purposes of this section a person becomes responsible for a relevant object if—

(a) he makes a proposal to construct the object in waters regulated under this Chapter;

(b) he makes a proposal for the extension or decommissioning in such waters of the object;

(c) he makes a proposal to operate or use the object on completion of its construction in such waters;

(d) he makes a proposal to operate or use the object on completion in such waters of any extension of it;

(e) he becomes a party to a proposal mentioned in paragraphs (a) to (d);

(f) he begins in such waters to construct, to extend, to operate or use or to decommission the object;

(g) he begins to participate in any of the following activities carried on in such waters, the construction, extension, operation or use or decommissioning of the object.

(3) A person is not required to notify the [F1 appropriate Minister] that he has made a proposal, or become a party to a proposal, at any time before at least one of the statutory consents required for enabling effect to be given to the proposal has been given or applied for.

(4) A person who notifies the [F1 appropriate Minister] under this section that he has made a proposal, or has become a party to a proposal—

(a) must specify in the notification what statutory consents required for giving effect to the proposal have been given, and what applications for such consents have been made; and

(b) must notify him subsequently whenever such a consent or application is given or made.

(5) A notification under this section must be given within such period after the obligation to give the notification arises as may be prescribed by regulations made by the [F1 appropriate Minister].

(6) A person who contravenes the requirements of this section is guilty of an offence.

(7) Regulations under this section[F2 —

(a) if made by the Secretary of State,] are subject to the negative resolution procedure[F3 ;

(b) if made by the Scottish Ministers, are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).]

(8) A reference in this section to participation in activities does not include a reference—

(a) to participation on behalf of another person; or

(b) to participation by acting in pursuance of an agreement to provide a service or services to a person carrying on those activities.

(9) In this section “statutory consent” has the same meaning as in section 105.

Textual Amendments

F1 Words in Pt. 2 Ch. 3 substituted (1.4.2017) by Scotland Act 2016 (c. 11), ss. 62(10)(11), 72(4)(e); S.I. 2017/300, reg. 3 (with regs. 4-6)

F2 S. 112(7)(a) inserted (1.4.2017) by Scotland Act 2016 (c. 11), ss. 62(14)(a), 72(4)(e); S.I. 2017/300, reg. 3 (with regs. 4-6)

F3 S. 112(7)(b) inserted (1.4.2017) by Scotland Act 2016 (c. 11), ss. 62(14)(b), 72(4)(e); S.I. 2017/300, reg. 3 (with regs. 4-6)

Modifications etc. (not altering text)

C1 S. 112 applied (with modifications) in part (E.W.S.) (30.6.2015) by The Swansea Bay Tidal Generating Station Order 2015 (S.I. 2015/1386), arts. 1, 42(4)(5)(g) (with arts. 51, 53)

Commencement Information

I1 S. 112 in force at 1.10.2005 by S.I. 2005/877, art. 2(2), Sch. 2