Part IV

Abandonment of offshore installations

Regulations.
39
1
The Secretary of State may make regulations relating to the abandonment of offshore installations and submarine pipelines.
2
Without prejudice to the generality of subsection (1), regulations under this section may—
a
prescribe standards in respect of the dismantling, removal and disposal of installations and pipelines;
b
prescribe standards and safety requirements in respect of anything left in the water in cases where an installation or pipeline is not wholly removed;
c
make provision for the prevention of pollution;
d
make provision for inspection, including provision as to the payment of the costs of inspection;
e
make provision as to the determination of the amount of any fees that are payable to the Secretary of State under this Part of this Act.
3
Regulations under this section may include provision making it an offence, in such cases as may be prescribed in the regulations, to contravene the regulations.
4
Where regulations under this section create an offence, they shall make provision as to the mode of trial and punishment of offenders; but—
a
any provision as to punishment on summary conviction shall not authorise a fine exceeding the statutory maximum or imprisonment; and
b
any provision as to punishment on conviction on indictment shall not authorise imprisonment for a term exceeding two years.
5
Before making regulations under this section the Secretary of State shall consult organisations in the United Kingdom appearing to him to be representative of those persons who will be affected by the regulations; and he shall not make regulations relating to the amount of any fees without the consent of the Treasury.
6
Regulations under this section shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
S. 39(1) modified (1.7.1999) by S.I. 1999/672, arts. 1(2), 5, Sch. 2
S. 39(1) modified (1.7.1999) by S.I. 1999/1750 arts. 1(1), 4, Sch. 3
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))