Article 10 Tidal works not to be executed without approval of Secretary of StateI1

United Kingdom

(1)

Unless construction has commenced within five years of the coming into force of this Order, a tidal work shall not be constructed except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun.

(2)

If a tidal work is constructed in contravention of paragraph (1), the Secretary of State may—

(a)

give notice to the Company to remove the tidal work or any part of it and to restore the site of that tidal work to its former condition; or

(b)

where necessary remove the tidal work or any part of it and restore the site of that tidal work to its former condition.

(3)

Notice given under paragraph (2)(a) shall be in writing and shall be served on the Company, and such service may be effected by transmission to an electronic address and in an electronic form specified by the Company.

(4)

If, within 30 days of service of notice given under paragraph (2)(a), the Company has failed to comply with the notice, the Secretary of State may—

(a)

execute the works specified in the notice; or

(b)

if it appears to the Secretary of State urgently necessary to do so, he may remove the tidal work or part of it and restore the site to its former condition.

(5)

Any expenditure incurred by the Secretary of State pursuant to paragraphs (2) to (4) shall be recoverable from the Company.

Annotations

Commencement

I1: Art. 10 in force at 1.9.2010, see art. 1(1)