9In section 37 (default in carrying out programmes), after subsection (1) insert—
“(1A)If it appears to the Secretary of State that the proposed remedial action is likely to have an effect on the cost of carrying out the programme, the Secretary of State must—
(a)consult the OGA before giving a notice under subsection (1), and
(b)take that effect into account when deciding whether to give the notice.
(1B)When consulted under subsection (1A)(a), the OGA must consider and advise on the likely effect of the proposed remedial action on the cost of carrying out the programme.”