{
  "url": "https://openlegislation.uk/river-humber-upper-burcom-tidal-stream-generator-order-2008/article-7",
  "json_url": "https://openlegislation.uk/river-humber-upper-burcom-tidal-stream-generator-order-2008/article-7.json",
  "legislation": "uksi/2008/969",
  "legislation_title": "The River Humber (Upper Burcom Tidal Stream Generator) Order 2008",
  "legislation_url": "https://openlegislation.uk/river-humber-upper-burcom-tidal-stream-generator-order-2008",
  "path": "article/7",
  "kind": "article",
  "number": "7",
  "heading": "Abatement of works abandoned or decayed",
  "text": "(1) Where a tidal work is abandoned, or suffered to fall into decay, the Secretary of State or A. B. Ports may by notice in writing require the undertaker at its own expense either to repair and restore the work or any part of it, or to remove the work and restore the site of the work to its former condition, to such an extent and within such limits as the Secretary of State or A. B. Ports may specify in the notice.\n(2) Where a work consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State or A. B. Ports may include that part of the work, or any portion of it, in any notice under this article.\n(3) This article shall not apply to any decommissioning of the authorised works in accordance with a decommissioning plan approved by the Secretary of State under any condition imposed in a licence granted under section 5 of the Food and Environment Protection Act 1985.\n(4) If there is any inconsistency between any requirements of the Secretary of State and A. B. Ports under article 7(1) or article 7(2) the requirement of the Secretary of State shall prevail.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1985 c.48."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2008/969/article/7",
    "retrieved_at": "2026-10-29T03:32:14.565871+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}