Section 34A Amendment of programmesC1F1
This section applies where an abandonment programme approved by the Secretary of State includes provision by virtue of which the programme may be amended.
A person who proposes to make an amendment under such a provision that is likely to have an effect on the cost of carrying out the programme must frame the amendment so as to ensure (whether by means of the timing of the measures proposed, the inclusion of provision for collaboration with other persons, or otherwise) that the cost of carrying out the programme as proposed to be amended is kept to the minimum that is reasonably practicable in the circumstances.
If it appears to the person who proposes to make the amendment that subsection (2) applies, the person must consult the OGA before making the amendment.
When consulted under subsection (3) the OGA must (in particular) consider and advise on—
alternatives to abandoning or decommissioning the installation or pipeline, such as re-using or preserving it, and
whether subsection (2) applies and, if so, whether it has been complied with.
Any person who has the function of approving amendments made under a provision mentioned in subsection (1) must, when exercising the function, take into account the effect of the proposed amendment on the cost of carrying out the programme.
Annotations
Textual amendments
- F1
S. 34A inserted (1.10.2016) by Energy Act 2016 (c. 20), s. 84(3), Sch. 2 para. 7; S.I. 2016/920, reg. 2(c)
Modifications
- C1
Pt. 4 applied (with modifications) (26.12.2023) by 2008 c. 32, s. 30(1AA)(1AB) (as inserted by Energy Act 2023 (c. 52), ss. 95(3), 334(3)(b))
Notes on Part IV
Modifications
- C1
Pt. 4 (ss.29-45): power to transfer functions conferred (1.12.1998) by 1998 c. 38, s. 22(1)(c)(5), Sch. 3 Pt. 1 para. 4(1)(b) (with ss. 139(2), 143(2)); S.I. 1998/2789 art. 2
- C2
Pt. 4 applied (6.4.2009) by Energy Act 2008 (c. 32), ss. 30(1), 110(2); S.I. 2009/45, art. 4(a)(ii)