PART 3DEALING WITH TIP INSTABILITY AND THREATS TO TIP STABILITY
CHAPTER 1REQUIRING AN OWNER OF LAND TO CARRY OUT OPERATIONS
42Power to cancel notice
(1)
This section applies where—
(a)
the Authority has given a notice to an owner of land under section 35 (“the section 35 notice”), and
(b)
the operations required by the notice have not been completed.
(2)
The Authority may give the owner a notice (a “notice of cancellation”) cancelling the section 35 notice.
(3)
Where an owner of land is given a notice of cancellation, the owner is no longer required to carry out the operations specified in the section 35 notice.
(4)
The Authority may give a notice of cancellation even if—
(a)
an application under section 38 has been made in respect of the section 35 notice,
(b)
the operations required by the section 35 notice have started to be carried out, or
(c)
the period specified in the section 35 notice for the completion of the operations has ended.
(5)
Where the Authority gives a notice of cancellation under this section, it must also give a copy of the notice to each person who was given a copy of the section 35 notice.
(6)
A notice of cancellation does not affect—
(a)
any penalty already incurred by the owner under section 41, or
(b)
the Authority’s power to give a further notice under section 35 in relation to the land.