Article 8 Abatement of works abandoned or decayedI1
England, Wales and Scotland
Where the authorised development or any part of it or any part of the ancillary works are abandoned or allowed to fall into decay, the Secretary of State may, following consultation with the undertaker, issue a written notice requiring the undertaker at its own expense either to repair, make safe or restore one or any of those works, or remove such authorised development or any relevant part of the authorised development or any ancillary works, without prejudice to any notice served under section 105(2) (requirement to prepare decommissioning programmes) of the 2004 Actf1. The notice may also require the restoration of the site of the relevant part(s) of the authorised development or ancillary works to a safe and proper condition, to such extent and within such limits as may be specified in the notice.
Annotations
Commencement
- I1
Art. 8 in force at 23.12.2025, see art. 1
Footnotes
- f1
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Section 105(2) was substituted by section 69(3) of the Energy Act 2008 (c. 32).