The River Mersey (Mersey Gateway Bridge) Order 2011

2.—(1) Unless its construction has commenced within 5 years of this Order coming into force no tidal work shall be constructed, replaced or re-laid except in accordance with plans approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun.

(2) If a tidal work is constructed, replaced or re-laid in contravention of this paragraph or of any condition or restriction imposed under this paragraph—

(a) the Secretary of State may by notice in writing require the undertaker at its own expense to take whatever steps the Secretary of State considers necessary to remedy the contravention;

(b) without limiting the scope of sub-paragraph (a), the steps in question may include steps to—

(i) alter, replace or re-lay any tidal work; or

(ii) remove the tidal work or any part of it, and restore the site to its former condition or as near to its former condition as is acceptable to the Secretary of State;

(c) any notice served by the Secretary of State under sub-paragraph (a) shall specify the period within which the undertaker shall comply with the requirements of that notice and may specify different periods for the taking of different steps; and

(d) where the undertaker fails to comply with the requirements of a notice served under sub-paragraph (a) within the period specified in that notice, the Secretary of State may execute the works required by the notice.

(3) Where it appears to the Secretary of State to be urgently necessary to do so, the Secretary of State may remove the tidal work, or any part of it, or restore the site to its former condition or as near to its former condition as the Secretary of State considers appropriate.

(4) The Secretary of State may, if the Secretary of State considers it expedient, order a survey and examination of any site on which it is proposed to execute a tidal work.