Paragraph 42
No offshore works are to commence until the undertaker has confirmed in writing to the Secretary of State that—
it will make a Marine Recovery Fund payment wholly in substitution for the compensation measure and that it has received confirmation from the MRFO that suitable measures are available; or
it will submit a RTD CIMP to the Secretary of State for approval and will make a Marine Recovery Fund payment partially in substitution for an agreed proportion of the AEoI and that it has received confirmation from the MRFO that suitable measures are available; or
it will submit a RTD CIMP to the Secretary of State for approval.
If the undertaker confirms that it intends to make a Marine Recovery Fund payment under either sub-paragraph (1)(a) or (1)(b) then no offshore works are to commence until the Secretary of State has provided consent in writing to the Marine Recovery Fund payment being made either wholly in substitution for the compensation measures or in relation to an agreed proportion of the AEoI.