Search Legislation

Energy Act 2004

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Decommissioning programmes

 Help about opening options

Changes to legislation:

Energy Act 2004, Cross Heading: Decommissioning programmes is up to date with all changes known to be in force on or before 19 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Decommissioning programmesU.K.

105Requirement to prepare decommissioning programmesU.K.

(1)This section applies where—

(a)there is a proposal by a person to construct a relevant object in waters regulated under this Chapter, or to extend a relevant object in such waters;

(b)there is a proposal by a person to operate or to use a relevant object in such waters on the completion of its construction, or of any extension of it in such waters; or

(c)a person is constructing, extending, operating or using a relevant object in such waters or has begun in such waters to decommission such an object.

[F1(1A)In this Chapter “appropriate Minister”—

(a)in relation to a renewable energy installation, means the Scottish Ministers—

(i)if the installation is to be or is wholly in an area of Scottish waters or an area of waters in a Scottish part of a Renewable Energy Zone, and is not being or proposed to be extended outside those areas,

(ii)if sub-paragraph (i) has ceased to apply to the installation because of an extension or proposed extension, and subsection (1B) applies, or

(iii)to the extent that the installation is to be or is in an area of Scottish waters or an area of waters in a Scottish part of a Renewable Energy Zone, if sub-paragraph (i) has ceased to apply because of an extension or proposed extension, and subsection (1B) does not apply;

and otherwise means the Secretary of State;

(b)in relation to an electric line which is or has been a related line, means—

(i)the Scottish Ministers, to the extent that the line is to be or is in an area of Scottish waters or an area of waters in a Scottish part of a Renewable Energy Zone;

(ii)otherwise, the Secretary of State.

(1B)This subsection applies to an installation if there is an agreement in force between the Secretary of State and the Scottish Ministers providing for the Scottish Ministers to be the appropriate Minister in relation to the whole of the installation.

(1C)Where subsection (1B) applies, the Scottish Ministers must consult the Secretary of State about the exercise of their functions as the appropriate Minister.]

(2)The [F2appropriate Minister] may by notice require[F3

(a)a person falling within subsection (1)(a), (b) or (c), or

(b)if a person to whom paragraph (a) applies is a body corporate, a body corporate associated with that person (subject to section 105A),]

to submit to him a programme for decommissioning the relevant object (a “decommissioning programme”).

(3)[F4Before requiring a person to submit a decommissioning programme in respect of proposals made by a person within paragraph (a) or (b) of subsection (1), the [F2appropriate Minister] must be satisfied that at least one of the statutory consents required for giving effect to those proposals—]

(a)has been given; or

(b)has been applied for and is likely to be given;

but for this purpose it is immaterial that a statutory consent that has been or may be given will have no effect before a particular time or unless particular conditions are satisfied.

(4)Where there is more than one person to whom a notice under this section may be given—

(a)it may be given to any one or more of them; and

(b)where it is given to more than one of them, the requirement to submit a programme must be satisfied by all those persons acting jointly.

(5)Before giving a notice under this section in relation to a relevant object which is to be or is, F5... partly—

(a)in an area of Scottish waters; or

(b)in an area of waters in a Scottish part of a Renewable Energy Zone,

the Secretary of State must consult the Scottish Ministers.

(6)A notice under this section must either—

(a)specify the date by which the decommissioning programme is to be submitted; or

(b)require it to be submitted on or before such date as the [F2appropriate Minister] may direct.

(7)A notice under this section may require the recipient of the notice to carry out the consultations specified in the notice before submitting the programme required of him.

(8)A decommissioning programme—

(a)must set out measures to be taken for decommissioning the relevant object;

(b)must contain an estimate of the expenditure likely to be incurred in carrying out those measures;

(c)must make provision for the determination of the times at which, or the periods within which, those measures will have to be taken;

(d)if it proposes that the relevant object will be wholly or partly removed from a place in waters regulated under this Chapter, must include provision about restoring that place to the condition that it was in prior to the construction of the object; and

(e)if it proposes that the relevant object will be left in position at a place in waters regulated under this Chapter or will not be wholly removed from a place in such waters, must include provision about whatever continuing monitoring and maintenance of the object will be necessary.

F6(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)In this Chapter—

  • relevant object” means the whole or any part of—

    (a)

    a renewable energy installation; or

    (b)

    an electric line that is or has been a related line;

  • waters regulated under this Chapter” means—

    (a)

    waters in or adjacent to Great Britain which are between the mean low water mark and the seaward limits of the territorial sea; and

    (b)

    waters in a Renewable Energy Zone.

(11)In this section—

  • related line” means an electric line which is a line for the conveyance of electricity to or from a renewable energy installation but is not an electricity interconnector (within the meaning of Part 1 of the 1989 Act); and

  • statutory consent” means a consent, licence or approval required by or under any enactment.

Textual Amendments

F1S. 105(1A)-(1C) inserted (1.4.2017) by Scotland Act 2016 (c. 11), ss. 62(9), 72(4)(e); S.I. 2017/300, reg. 3 (with regs. 4-6)

F2Words in Pt. 2 Ch. 3 substituted (1.4.2017) by Scotland Act 2016 (c. 11), ss. 62(10)(11), 72(4)(e); S.I. 2017/300, reg. 3 (with regs. 4-6)

F3Words in s. 105(2) substituted (6.4.2009) by Energy Act 2008 (c. 32), ss. 69(2), 110(2); S.I. 2009/45, art. 4(b)(ii)

F4Words in s. 105(3) substituted (6.4.2009) by Energy Act 2008 (c. 32), ss. 69(3), 110(2); S.I. 2009/45, art. 4(b)(ii)

F5Words in s. 105(5) omitted (1.4.2017) by virtue of Scotland Act 2016 (c. 11), ss. 62(11)(12), 72(4)(e); S.I. 2017/300, reg. 3 (with regs. 4-6)

Commencement Information

I1S. 105 in force at 1.10.2005 by S.I. 2005/877, art. 2(2), Sch. 2

[F7105ASection 105 notices: supplementalU.K.

(1)The [F2appropriate Minister] may not give a notice under section 105(2)(b) to a body corporate associated with a person (“the responsible person”) within section 105(1)(a), (b) or (c) unless the [F2appropriate Minister]

(a)has given a notice to the responsible person under section 105(2)(a), and

(b)is not satisfied that adequate arrangements (including financial arrangements) have been made by the responsible person to ensure that a satisfactory decommissioning programme will be carried out.

(2)Subsection (1) does not apply if—

(a)there has been a failure to comply with a notice under section 105(2), or

(b)the [F2appropriate Minister] has rejected a programme submitted in compliance with such a notice.

(3)For the purposes of this section and section 105, one body corporate is associated with another if one of them controls the other or a third body corporate controls both of them, and subsections (4) to (8) set out the circumstances in which one body corporate (“A”) controls another (“B”).

(4)Where B is a company, A controls B if A possesses or is entitled to acquire—

(a)one half or more of the issued share capital of B,

(b)such rights as would entitle A to exercise one half or more of the votes exercisable in general meetings of B,

(c)such part of the issued share capital of B as would entitle A to one half or more of the amount distributed if the whole of the income of B were in fact distributed among the shareholders, or

(d)such rights as would, in the event of the winding up of B or in any other circumstances, entitle it to receive one half or more of the assets of B which would then be available for distribution among the shareholders.

(5)Where B is a limited liability partnership, A controls B if A—

(a)holds a majority of the voting rights in B,

(b)is a member of B and has a right to appoint or remove a majority of other members, or

(c)is a member of B and controls alone, or pursuant to an agreement with other members, a majority of the voting rights in B.

(6)In subsection (5)(a) and (c) the references to “voting rights” are to the rights conferred on members in respect of their interest in a limited liability partnership to vote on those matters which are to be decided on by a vote of the members of the limited liability partnership.

(7)In any case, A controls B if A has the power, directly or indirectly, to secure that the affairs of B are conducted in accordance with A's wishes.

(8)In determining whether, by virtue of subsections (4) to (7), A controls B, A is to be taken to possess—

(a)any rights and powers possessed by a person as nominee for it, and

(b)any rights and powers possessed by a body corporate which it controls (including rights and powers which such a body corporate would be taken to possess by virtue of this paragraph).]

Textual Amendments

F2Words in Pt. 2 Ch. 3 substituted (1.4.2017) by Scotland Act 2016 (c. 11), ss. 62(10)(11), 72(4)(e); S.I. 2017/300, reg. 3 (with regs. 4-6)

106Approval of decommissioning programmesU.K.

(1)The [F2appropriate Minister] may either approve or reject a programme submitted to him under section 105.

(2)Before approving or rejecting a decommissioning programme relating to a relevant object which is to be or is, F8... partly—

(a)in an area of Scottish waters, or

(b)in an area of waters in a Scottish part of a Renewable Energy Zone,

the Secretary of State must consult the Scottish Ministers.

(3)If the [F2appropriate Minister] approves a programme, he may do so—

(a)with or without modifications; and

(b)either subject to conditions or unconditionally.

(4)His power to approve it subject to conditions includes, in particular, power to approve it subject to a condition that the person who submitted the programme—

(a)provides such security in relation to the carrying out of the programme, and for his compliance with the conditions (if any) of its approval, as may be specified by the [F2appropriate Minister]; and

(b)provides that security at such time, and in accordance with such requirements, as may be specified by the [F2appropriate Minister].

(5)Before approving a programme with modifications or subject to conditions, the [F2appropriate Minister] must give the person who submitted it an opportunity of making representations about the proposed modifications or conditions.

(6)The power of the [F2appropriate Minister] to approve a programme subject to conditions includes power, where more than one person submitted it, to impose different conditions in relation to different persons.

(7)If he rejects a programme, the [F2appropriate Minister]

(a)must inform the person who submitted it of his reasons for doing so; and

(b)may exercise his power under section 105 to require the submission of a new one.

(8)The [F2appropriate Minister] must act without unreasonable delay in reaching a decision as to whether to approve or reject a programme.

Textual Amendments

F2Words in Pt. 2 Ch. 3 substituted (1.4.2017) by Scotland Act 2016 (c. 11), ss. 62(10)(11), 72(4)(e); S.I. 2017/300, reg. 3 (with regs. 4-6)

F8Words in s. 106(2) omitted (1.4.2017) by virtue of Scotland Act 2016 (c. 11), ss. 62(11)(12), 72(4)(e); S.I. 2017/300, reg. 3 (with regs. 4-6)

Modifications etc. (not altering text)

C1S. 106 applied (with modifications) (E.W.S.) (30.6.2015) by The Swansea Bay Tidal Generating Station Order 2015 (S.I. 2015/1386), arts. 1, 42(4)(5)(a) (with arts. 51, 53)

Commencement Information

I2S. 106 in force at 1.10.2005 by S.I. 2005/877, art. 2(2), Sch. 2

107Failure to submit or rejection of decommissioning programmesU.K.

(1)Where—

(a)a notice given under section 105 is not complied with, or

(b)the [F2appropriate Minister] rejects a programme submitted to him,

the [F2appropriate Minister] may himself prepare a decommissioning programme in relation to the relevant object in question.

(2)Before himself preparing a decommissioning programme relating to a relevant object which is to be or is, F9... partly—

(a)in an area of Scottish waters, or

(b)in an area of waters in a Scottish part of a Renewable Energy Zone,

the Secretary of State must consult the Scottish Ministers.

(3)Where the [F2appropriate Minister] prepares a decommissioning programme under this section—

(a)he must give notice informing the recipient of the notice given under section 105 that he has done so; and

(b)this Chapter shall have effect subsequently as if the [F2appropriate Minister]’s programme were a programme submitted to him by the person informed and had been approved by the [F2appropriate Minister] subject to the conditions specified by the [F2appropriate Minister].

(4)Where the [F2appropriate Minister] informs a person under subsection (3) that he has prepared his own decommissioning programme, he may by notice to that person require him—

(a)to provide such security in relation to the carrying out of the programme, and for his compliance with its conditions (if any), as may be specified by the [F2appropriate Minister]; and

(b)to provide it at such time, and in accordance with such requirements, as may be specified by the [F2appropriate Minister];

and a requirement under this subsection has effect as if it were a condition of the deemed approval of the programme.

F10(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)The power of the [F2appropriate Minister] to impose requirements under this section includes power, where there is more than one person on whom he may impose them, to impose different requirements in relation to different persons.

(9)Where, having given a notice under section 105, the [F2appropriate Minister] prepares his own decommissioning programme, he may recover expenditure incurred by him in, or in connection with, the exercise of his powers under this section from the recipient of the notice.

(10)A person liable to pay a sum to the [F2appropriate Minister] by virtue of subsection (9) must also pay interest on that sum for the period which—

(a)begins with the day on which the [F2appropriate Minister] notified him of the sum payable; and

(b)ends with the date of payment.

(11)The rate of interest shall be a rate determined by the [F2appropriate Minister] to be comparable with commercial rates.

Textual Amendments

F2Words in Pt. 2 Ch. 3 substituted (1.4.2017) by Scotland Act 2016 (c. 11), ss. 62(10)(11), 72(4)(e); S.I. 2017/300, reg. 3 (with regs. 4-6)

F9Words in s. 107(2) omitted (1.4.2017) by virtue of Scotland Act 2016 (c. 11), ss. 62(11)(12), 72(4)(e); S.I. 2017/300, reg. 3 (with regs. 4-6)

Commencement Information

I3S. 107 in force at 1.10.2005 by S.I. 2005/877, art. 2(2), Sch. 2

108Reviews and revisions of decommissioning programmesU.K.

(1)The [F2appropriate Minister] must, from time to time, conduct such reviews of a decommissioning programme approved by him as he considers appropriate.

(2)A proposal—

(a)to modify a decommissioning programme approved by the [F2appropriate Minister], or

(b)to modify a condition to which such a programme is subject,

may be made by the [F2appropriate Minister], or by the person who submitted the programme or (if there is more than one of them) by all of them acting jointly.

(3)A proposal—

(a)to relieve a person of his duty under section 109(1) in relation to a decommissioning programme approved by the [F2appropriate Minister], or

(b)as respects such a programme, to impose that duty upon a person not previously subject to it (whether in addition to or in substitution for another person),

may be made by the [F2appropriate Minister] or by the person for the time being subject to that duty or (if there is more than one person subject to that duty) by any one or more of them.

[F11(3A)A proposal under subsection (3)(b) may, in particular, be made in relation to a body corporate associated with a person who has a duty under section 109(1) (and for this purpose “associated” is to be construed in accordance with section 105A(3) to (8)).]

(4)A proposal under subsection (2) or (3) may be made only by way of notice given—

(a)if the proposal is the [F2appropriate Minister]'s, to every person whose duty under section 109(1) in relation to the programme would be affected or relieved under the proposal or who would become subject to such a duty; and

(b)in any other case, to the [F2appropriate Minister].

(5)An opportunity of making representations to the [F2appropriate Minister] about a proposal of his under this section must be given by him to every person to whom notice of the proposal is required to have been given.

(6)It is to be for the [F2appropriate Minister], after considering any representations made to him, to determine whether or not effect should be given to a proposal of his, or of any other person, under this section.

(7)Before making a determination under subsection (6) with respect to a proposal in relation to a decommissioning programme relating to a relevant object which is to be or is, F12... partly—

(a)in an area of Scottish waters, or

(b)in an area of waters in a Scottish part of a Renewable Energy Zone,

the Secretary of State must consult the Scottish Ministers.

(8)Where the [F2appropriate Minister] makes a determination under subsection (6), he must give notice of his determination, and of his reasons for it, to—

(a)every person who, before the determination, had a duty under section 109(1) in relation to the programme; and

(b)every person who will become subject to such a duty as a result of the determination.

(9)Where the [F2appropriate Minister] gives notice under subsection (8) in respect of a proposal, this Chapter shall have effect after the giving of that notice—

(a)in the case of a proposal under subsection (2), as if the programme in question had been approved subject to the modifications specified in the determination; and

(b)in the case of a proposal under subsection (3), as if that programme had been submitted to the [F2appropriate Minister] by the person or persons so specified.

(10)Where the [F2appropriate Minister] gives notice under subsection (8) to a person that he is to become subject to a duty under section 109(1) in relation to a programme, the [F2appropriate Minister] may by notice to that person require him—

(a)to provide such security in relation to the carrying out of the programme, and for his compliance with any conditions of its approval, as may be specified by the [F2appropriate Minister]; and

(b)to provide it at such time, and in accordance with such requirements, as may be specified by the [F2appropriate Minister];

and a requirement under this subsection has effect as if it were a condition of the approval of the programme.

Textual Amendments

F2Words in Pt. 2 Ch. 3 substituted (1.4.2017) by Scotland Act 2016 (c. 11), ss. 62(10)(11), 72(4)(e); S.I. 2017/300, reg. 3 (with regs. 4-6)

F12Words in s. 108(7) omitted (1.4.2017) by virtue of Scotland Act 2016 (c. 11), ss. 62(11)(12), 72(4)(e); S.I. 2017/300, reg. 3 (with regs. 4-6)

Modifications etc. (not altering text)

C2S. 108 applied (with modifications) (E.W.S.) (30.6.2015) by The Swansea Bay Tidal Generating Station Order 2015 (S.I. 2015/1386), arts. 1, 42(4)(5)(b) (with arts. 51, 53)

Commencement Information

I4S. 108 in force at 1.10.2005 by S.I. 2005/877, art. 2(2), Sch. 2

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources