[F136AReduction of costs of carrying out programmesU.K.
(1)This section applies where an abandonment programme approved by the Secretary of State has effect in relation to an installation or pipeline.
(2)The Secretary of State may, for the purpose of reducing the total cost of carrying out the programme, by written notice require any person who submitted the programme to take, or refrain from taking, action of a description specified in the notice.
(3)The notice may, in particular, require—
(a)changes to the times at which the measures proposed in the programme are to be carried out;
(b)the persons who are under a duty to secure that the programme is carried out to collaborate with other persons.
(4)The programme, and any condition to which it is subject, has effect subject to any notice given under this section.
(5)A notice given under this section 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.
(6)The Secretary of State may not give a notice to a person under this section without first giving the person an opportunity to make written representation as to whether the notice should be given.
(7)A person to whom a notice is given under this section who without reasonable excuse fails to comply with the notice is guilty of an offence.
(8)If a notice under this section is not complied with, the Secretary of State may—
(a)do anything necessary to give effect to the notice, and
(b)recover from the person to whom the notice was given any expenditure incurred under paragraph (a).
(9)A person liable to pay any sum to the Secretary of State by virtue of subsection (8) must also pay interest on that sum for the period beginning with the day on which the Secretary of State notified the person of the sum payable and ending with the date of payment.
(10)The rate of interest payable in accordance with subsection (9) is a rate determined by the Secretary of State as comparable with commercial rates.]
Textual Amendments
F1S. 36A inserted (1.10.2016) by Energy Act 2016 (c. 20), s. 84(3), Sch. 2 para. 8; S.I. 2016/920, reg. 2(c)
Modifications etc. (not altering text)
C1Pt. 4 applied (with modifications) (26.12.2023) by 2008 c. 32, s. 30(1AA)(1AB) (as inserted by Energy Act 2023 (c. 52), ss. 95(3), 334(3)(b))