Section 58: Secretary of State’s power of direction
285.This section provides the Secretary of State with the power to direct a person with obligations under an approved funded decommissioning programme to take action that the Secretary of State considers necessary or appropriate in the following circumstances:
if it has been shown that the person failed to comply with any obligations imposed by the programme
if the person has been engaged in unlawful conduct which the Secretary of State considers may affect the programme. Subsection (2) defines unlawful conduct and subsection (3) specifies that a person can only be considered to have been engaged in unlawful conduct on the conclusion of any appeal process.
286.Subsection (4) sets out that the Secretary of State can direct a person with obligations under a funded decommissioning programme to take the steps which he considers necessary or appropriate to comply with obligations under the programme.
287.Subsection (5) imposes a duty on the Secretary of State to consult with the Health and Safety Executive, the Environment Agency and the Department of the Environment for Northern Ireland prior to giving a direction, insofar as the direction relates to one or more of their statutory functions.
288.Subsections (6) and (7) allow the Secretary of State to apply to the High Court for a court order where the Secretary of State believes that a person has failed to comply with a direction. If the application is successful the court may order the person to comply with the requirement.
