PART 3

DEALING WITH TIP INSTABILITY AND THREATS TO TIP STABILITY
CHAPTER 1

REQUIRING AN OWNER OF LAND TO CARRY OUT OPERATIONS

Power to cancel notice
42
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.
S. 42 not in force at Royal Assent, see s. 92(3)