# Energy Act 2004, Section 106: Approval of decommissioning programmes

Extent: E+W+S+N.I.

(1) The appropriate 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, ... 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 appropriate 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 appropriate Minister; and
(b) provides that security at such time, and in accordance with such requirements, as may be specified by the appropriate Minister.
(5) Before approving a programme with modifications or subject to conditions, the appropriate Minister must give the person who submitted it an opportunity of making representations about the proposed modifications or conditions.
(6) The power of the appropriate 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 appropriate 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 appropriate Minister must act without unreasonable delay in reaching a decision as to whether to approve or reject a programme.

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Source: https://www.legislation.gov.uk/ukpga/2004/20/section/106 (the official version)
Page: https://openlegislation.uk/energy-act-2004/section-106
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.