Part 2

Sustainability and Renewable Energy Sources
Chapter 3

Decommissioning of offshore installations

Implementation of decommissioning programmes

Default in carrying out decommissioning programmes
110
1
Where—
a
a decommissioning programme approved by the appropriate Minister is not carried out in a particular respect, or
b
a condition to which the approval is subject is contravened,
the appropriate Minister may, by notice, require a person subject to the duty under section 109(1) in relation to the programme to take such remedial action as may be specified in the notice.
2
Remedial action required by a notice under this section must be taken within such period as may be specified in the notice.
3
A person who fails to comply with a notice given to him under this section is guilty of an offence.
4
In proceedings against a person for an offence under this section it is a defence for him to show that he exercised due diligence to avoid the contravention in question.
5
If a notice under this section is not complied with, the appropriate Minister may—
a
himself secure the carrying out of the remedial action required by the notice; and
b
recover any expenditure incurred by him in doing so from the person to whom the notice was given.
6
A person liable to pay a sum to the appropriate Minister by virtue of subsection (5) must also pay interest on that sum for the period which—
a
begins with the day on which the appropriate Minister notified him of the sum payable; and
b
ends with the date of payment.
7
The rate of interest shall be a rate determined by the appropriate Minister to be comparable with commercial rates.
S. 110 in force at 1.10.2005 by S.I. 2005/877, art. 2(2), Sch. 2
S. 110 applied (with modifications) in part (E.W.S.) (30.6.2015) by The Swansea Bay Tidal Generating Station Order 2015 (S.I. 2015/1386), arts. 1, 42(4)(5)(d) (with arts. 51, 53)
Words 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)