Section 110 Default in carrying out decommissioning programmesI1C1
Where—
a decommissioning programme approved by the F1appropriate Minister is not carried out in a particular respect, or
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.
Remedial action required by a notice under this section must be taken within such period as may be specified in the notice.
A person who fails to comply with a notice given to him under this section is guilty of an offence.
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.
If a notice under this section is not complied with, the appropriate Minister may—
himself secure the carrying out of the remedial action required by the notice; and
recover any expenditure incurred by him in doing so from the person to whom the notice was given.
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—
begins with the day on which the appropriate Minister notified him of the sum payable; and
ends with the date of payment.
The rate of interest shall be a rate determined by the appropriate Minister to be comparable with commercial rates.
Annotations
Textual amendments
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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)
Modifications
- C1
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)
Commencement
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S. 110 in force at 1.10.2005 by S.I. 2005/877, art. 2(2), Sch. 2