Section 107 Failure to submit or rejection of decommissioning programmesI1

United Kingdom

(1)

Where—

(a)

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

(b)

the F1appropriate Minister rejects a programme submitted to him,

the appropriate 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, F2... 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 appropriate 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 appropriate Minister’s programme were a programme submitted to him by the person informed and had been approved by the appropriate Minister subject to the conditions specified by the appropriate Minister.

(4)

Where the appropriate 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 appropriate Minister; and

(b)

to provide it at such time, and in accordance with such requirements, as may be specified by the appropriate Minister;

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

F3(5)

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(6)

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(7)

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(8)

The power of the appropriate 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 appropriate 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 appropriate 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 appropriate 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 appropriate Minister to be comparable with commercial rates.

Annotations

Textual amendments

F1: 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)
F2: Words 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)
F3: S. 107(5)-(7) repealed (6.4.2009) by Energy Act 2008 (c. 32), s. 110(2), Sch. 5 para. 18, Sch. 6; S.I. 2009/45, art. 4(d)(i)(ii)(ee)

Commencement

I1: S. 107 in force at 1.10.2005 by S.I. 2005/877, art. 2(2), Sch. 2