Paragraph 2 I1

England and Wales

(1)

A tidal work shall not be constructed, altered, replaced or re-laid except in accordance with plans approved by the Secretary of State and subject to any conditions and restrictions imposed by him before the work is begun.

(2)

If a tidal work is constructed, altered, replaced or re-laid in contravention of this paragraph or of any condition or restriction imposed under this paragraph—

(a)

the Secretary of State may by notice in writing require the undertaker at its own expense to take whatever steps he considers necessary to remedy the contravention;

(b)

without prejudice to the generality of sub-paragraph (a), the steps in question may include steps to—

(i)

alter, replace or re-lay any tidal work, or

(ii)

remove the tidal work or any part of it, or restore the site to its former condition or as near to its former condition as is acceptable to him;

(c)

any notice served by the Secretary of State under sub-paragraph (a) shall specify the period within which the undertaker shall comply with the requirements of that notice and may specify different periods for the taking of different steps; and

(d)

where the undertaker fails to comply with the requirements of a notice served under sub-paragraph (a) within the period specified in that notice, the Secretary of State may himself execute the works required by the notice.

(3)

Where it appears to the Secretary of State to be urgently necessary to do so, he may himself remove the tidal work, or any part of it, or restore the site to its former condition or as near to its former condition as he considers appropriate.

(4)

The Secretary of State may, if he considers it expedient, order a survey and examination of any site on which it is proposed to execute a tidal work.

Annotations

Commencement

I1: Sch. 9 para. 2 in force at 26.8.2005, see art. 1