OpenLegislation

Section 112 Duty to inform appropriate MinisterF1I1C1

United Kingdom

(1)

A person who becomes responsible for a relevant object must notify the appropriate Minister that he has become so responsible.

(2)

For the purposes of this section a person becomes responsible for a relevant object if—

(a)

he makes a proposal to construct the object in waters regulated under this Chapter;

(b)

he makes a proposal for the extension or decommissioning in such waters of the object;

(c)

he makes a proposal to operate or use the object on completion of its construction in such waters;

(d)

he makes a proposal to operate or use the object on completion in such waters of any extension of it;

(e)

he becomes a party to a proposal mentioned in paragraphs (a) to (d);

(f)

he begins in such waters to construct, to extend, to operate or use or to decommission the object;

(g)

he begins to participate in any of the following activities carried on in such waters, the construction, extension, operation or use or decommissioning of the object.

(3)

A person is not required to notify the appropriate Minister that he has made a proposal, or become a party to a proposal, at any time before at least one of the statutory consents required for enabling effect to be given to the proposal has been given or applied for.

(4)

A person who notifies the appropriate Minister under this section that he has made a proposal, or has become a party to a proposal—

(a)

must specify in the notification what statutory consents required for giving effect to the proposal have been given, and what applications for such consents have been made; and

(b)

must notify him subsequently whenever such a consent or application is given or made.

(5)

A notification under this section must be given within such period after the obligation to give the notification arises as may be prescribed by regulations made by the appropriate Minister.

(6)

A person who contravenes the requirements of this section is guilty of an offence.

(7)

Regulations under this sectionF2—

(a)

if made by the Secretary of State, are subject to the negative resolution procedureF3;

(b)

if made by the Scottish Ministers, are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

(8)

A reference in this section to participation in activities does not include a reference—

(a)

to participation on behalf of another person; or

(b)

to participation by acting in pursuance of an agreement to provide a service or services to a person carrying on those activities.

(9)

In this section “statutory consent” has the same meaning as in section 105.

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

S. 112(7)(a) inserted (1.4.2017) by Scotland Act 2016 (c. 11), ss. 62(14)(a), 72(4)(e); S.I. 2017/300, reg. 3 (with regs. 4-6)

F3

S. 112(7)(b) inserted (1.4.2017) by Scotland Act 2016 (c. 11), ss. 62(14)(b), 72(4)(e); S.I. 2017/300, reg. 3 (with regs. 4-6)

Modifications

C1

S. 112 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)(g) (with arts. 51, 53)

Commencement

I1

S. 112 in force at 1.10.2005 by S.I. 2005/877, art. 2(2), Sch. 2