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Energy Act 2016

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6(1)Section 34 (revision of programmes) is amended as follows.E+W+S+N.I.

(2)After subsection (4) insert—

(4A)A person who makes a proposal under subsection (1) that is likely to have an effect on the cost of carrying out the programme must frame it so as to ensure (whether by means of the timing of the measures proposed, the inclusion of provision for collaboration with other persons, or otherwise) that the cost of carrying out the programme as proposed to be altered is kept to the minimum that is reasonably practicable in the circumstances.

(4B)Where the Secretary of State makes a proposal under subsection (1)(a) the purpose of which is to reduce the total cost of carrying out a programme, the proposal may 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.

(3)After subsection (7) insert—

(7A)If it appears to the Secretary of State that what is proposed under subsection (1) is likely to have an effect on the cost of carrying out the programme, the Secretary of State must, before making a determination under subsection (7)—

(a)consult the OGA, and

(b)take that effect into account.

(7B)When consulted under subsection (7A)(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 subsection (4A) applies and, if so, whether it has been complied with.

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Commencement Information

I1Sch. 2 para. 6 in force at 1.10.2016 by S.I. 2016/920, reg. 2(c)

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