Article 41 Abatement of works abandoned or decayed

Where Work Nos. 1(a), 2, 3 or 7 or all of them or any part of those works is 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 to repair, make safe and restore or remove Work Nos. 1(a), 2, 3 or 7 or any relevant part of those works, without prejudice to any notice served under section 105(2) of the 2004 Act^f1. The notice may also require the restoration of the site of the relevant part(s) of Work Nos. 1(a), 2, 3 or 7 to a safe and proper condition within an area and to such an extent as may be specified in the notice.