Energy Act 2004

107Failure to submit or rejection of decommissioning programmesU.K.

(1)Where—

(a)a notice given under section 105 is not complied with, or

(b)the [F1appropriate Minister] rejects a programme submitted to him,

the [F1appropriate Minister] may himself prepare a decommissioning programme in relation to the relevant object in question.

(2)Before himself preparing a decommissioning programme relating to a relevant object which is to be or is, F2... partly—

(a)in an area of Scottish waters, or

(b)in an area of waters in a Scottish part of a Renewable Energy Zone,

the Secretary of State must consult the Scottish Ministers.

(3)Where the [F1appropriate Minister] prepares a decommissioning programme under this section—

(a)he must give notice informing the recipient of the notice given under section 105 that he has done so; and

(b)this Chapter shall have effect subsequently as if the [F1appropriate Minister]’s programme were a programme submitted to him by the person informed and had been approved by the [F1appropriate Minister] subject to the conditions specified by the [F1appropriate Minister].

(4)Where the [F1appropriate Minister] informs a person under subsection (3) that he has prepared his own decommissioning programme, he may by notice to that person require him—

(a)to provide such security in relation to the carrying out of the programme, and for his compliance with its conditions (if any), as may be specified by the [F1appropriate Minister]; and

(b)to provide it at such time, and in accordance with such requirements, as may be specified by the [F1appropriate Minister];

and a requirement under this subsection has effect as if it were a condition of the deemed approval of the programme.

F3(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)The power of the [F1appropriate Minister] to impose requirements under this section includes power, where there is more than one person on whom he may impose them, to impose different requirements in relation to different persons.

(9)Where, having given a notice under section 105, the [F1appropriate Minister] prepares his own decommissioning programme, he may recover expenditure incurred by him in, or in connection with, the exercise of his powers under this section from the recipient of the notice.

(10)A person liable to pay a sum to the [F1appropriate Minister] by virtue of subsection (9) must also pay interest on that sum for the period which—

(a)begins with the day on which the [F1appropriate Minister] notified him of the sum payable; and

(b)ends with the date of payment.

(11)The rate of interest shall be a rate determined by the [F1appropriate Minister] to be comparable with commercial rates.