Article 39 Abatement of works abandoned or decayedI1

Where Work Nos 1, 2 or 3 or all of them or any part of them, is abandoned or allowed to fall into decay the Secretary of State may, following consultation with the undertaker, by notice in writing require the undertaker at its own expense either to repair, make safe and restore one or any of those Works, or any relevant part of them, or to remove them and, without prejudice to any notice served under section 105(2) of the 2004 Act M1 restore the site to a safe and proper condition, to such an extent and within such limits as may be specified in the notice.