OpenLegislation

Article 11 Offshore works: abandonment, decay or removalI1

England, Wales and Scotland

(1)

Where the F1Project A offshore works or any part of them are abandoned or allowed to fall into decay, the Secretary of State may, following consultation with F2Bizco 1, issue a written notice requiring Bizco 1 at its own expense—

(a)

to repair and restore or remove the F3Project A offshore works or any relevant part of it; and

(b)

to restore the site of the F4Project A offshore works or any relevant part to a safe and appropriate condition, having regard to any requirement that appears to the Secretary of State to be relevant, within an area and to such an extent as may be specified in the notice.

(2)

Where the F5Project A offshore works or any part of them are removed (other than in accordance with paragraph (1)), the Secretary of State may, following consultation with F6Bizco 1 and the relevant statutory nature conservation body, issue a written notice requiring Bizco 1 at its own expense to restore the site of the Project A offshore works or any relevant part to a safe and appropriate condition, having regard to any requirement that appears to the Secretary of State to be relevant, within an area and to such an extent as may be specified in the notice.

F7(2A)

Where the Project B offshore works or any part of them are abandoned or allowed to fall into decay the Secretary of State may, following consultation with Bizco 4, issue a written notice requiring Bizco 4 at its own expense—

(a)

to repair and restore or remove the Project B offshore works or any part of it; and

(b)

to restore the site of the Project B offshore works or any part of it to a safe and appropriate condition, having regard to any requirement that appears to the Secretary of State to be relevant, within an area and to such an extent as may be specified in the notice.

(2B)

Where the Project B offshore works or any part of them are removed (other than in accordance with paragraph (2A)), the Secretary of State may, following consultation with Bizco 4 and the relevant statutory nature conservation body, issue a written notice requiring Bizco 4 at its own expense to restore the site of the Project B offshore works or any relevant part to a safe and appropriate condition, having regard to any requirement that appears to the Secretary of State to be relevant, within an area and to such an extent as may be specified in the notice.

(3)

Nothing in this article limits the Secretary of State’s power under Chapter 3 of Part 2 of the 2004 Act (decommissioning of offshore installations).

Annotations

Textual amendments

F1

Words in art. 11(1) inserted (21.11.2025) by The Dogger Bank Creyke Beck Offshore Wind Farm (Amendment) Order 2025 (S.I. 2025/1264), arts. 1, 4(a)

F2

Words in art. 11(1) substituted (21.11.2025) by The Dogger Bank Creyke Beck Offshore Wind Farm (Amendment) Order 2025 (S.I. 2025/1264), arts. 1, 4(d)

F3

Words in art. 11(1)(a) inserted (21.11.2025) by The Dogger Bank Creyke Beck Offshore Wind Farm (Amendment) Order 2025 (S.I. 2025/1264), arts. 1, 4(b)

F4

Words in art. 11(1)(b) inserted (21.11.2025) by The Dogger Bank Creyke Beck Offshore Wind Farm (Amendment) Order 2025 (S.I. 2025/1264), arts. 1, 4(c)

F5

Words in art. 11(2) inserted (21.11.2025) by The Dogger Bank Creyke Beck Offshore Wind Farm (Amendment) Order 2025 (S.I. 2025/1264), arts. 1, 4(e)

F6

Words in art. 11(2) substituted (21.11.2025) by The Dogger Bank Creyke Beck Offshore Wind Farm (Amendment) Order 2025 (S.I. 2025/1264), arts. 1, 4(d)

F7

Art. 11(2A)(2B) inserted (21.11.2025) by The Dogger Bank Creyke Beck Offshore Wind Farm (Amendment) Order 2025 (S.I. 2025/1264), arts. 1, 4(f)

Commencement

I1

Art. 11 in force at 11.3.2015, see art. 1