Part IV

Abandonment of offshore installations

Charges in connection with exercise of functions under Part 4
38C
1
The Secretary of State may by regulations made by statutory instrument provide for payment to the Secretary of State of charges for or in connection with the carrying out by the Secretary of State of the Secretary of State’s functions under this Part.
2
Regulations under this section may provide that a charge is to be of an amount—
a
specified in the regulations, or
b
determined by the Secretary of State in accordance with the regulations.
3
Regulations under this section may specify matters to which the Secretary of State must have regard when determining the amount of a charge.
4
Regulations under this section may specify—
a
how a charge is to be paid;
b
when a charge is to be paid;
c
the person by whom a charge is to be paid.
5
Provision made by virtue of subsection
(4)
(c)
may confer a discretion on the Secretary of State.
6
Regulations under this section may—
a
include incidental, supplementary or consequential provision;
b
include transitory or transitional provision or savings;
c
make different provision for different purposes.
7
Before making regulations under this section, the Secretary of State must consult organisations in the United Kingdom that appear to the Secretary of State to be representative of persons who are likely to be affected by the regulations.
8
The Secretary of State must not make regulations under this section without the consent of the Treasury.
9
A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
Pt. 4 (ss.29-45): power to transfer functions conferred (1.12.1998) by 1998 c. 38, s. 22(1)(c)(5), Sch. 3 Pt. 1 para. 4(1)(b) (with ss. 139(2), 143(2)); S.I. 1998/2789 art. 2
Pt. 4 applied (6.4.2009) by Energy Act 2008 (c. 32), ss. 30(1), 110(2); S.I. 2009/45, art. 4(a)(ii)
Pt. 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))
S. 38C inserted (11.1.2024) by Energy Act 2023 (c. 52), ss. 299(1), 334(1); S.I. 2024/32, reg. 2(d)(ii)