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PART IV |
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ABANDONMENT OF OFFSHORE INSTALLATIONS |
| Preparation of programmes. |
29. - (1) The Secretary of State may by written notice require-
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(a) the person to whom the notice is given; or |
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(b) where notices are given to more than one person, those persons jointly, |
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to submit to the Secretary of State a programme setting out the measures proposed to be taken in connection with the abandonment of an offshore installation or submarine pipeline (an "abandonment programme").
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(2) A notice under subsection (1) shall either specify the date by which the abandonment programme is to be submitted or provide for it to be submitted on or before such date as the Secretary of State may direct.
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(3) A notice under subsection (1) may require the person to whom it is given to carry out such consultations as may be specified in the notice before submitting an abandonment programme.
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(4) An abandonment programme-
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(a) shall contain an estimate of the cost of the measures proposed in it; |
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(b) shall either specify the times at or within which the measures proposed in it are to be taken or make provision as to how those times are to be determined; |
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(c) if it proposes that an installation or pipeline be left in position or not wholly removed, shall include provision as to any continuing maintenance that may be necessary. |
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(5) A person who submits an abandonment programme to the Secretary of State under this section shall at the same time pay to him such fee in respect of his expenditure under this Part of this Act as may be determined in accordance with regulations under section 39.
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(6) The Secretary of State may exercise his powers under this section notwithstanding that an abandonment programme has previously been submitted for the installation or pipeline in question, but only if he rejected that programme under section 32 or has withdrawn his approval of it under section 35.
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| Persons who may be required to submit programmes. |
30. - (1) A notice under section 29(1) shall not be given to a person in relation to the abandonment of an offshore installation unless at the time when the notice is given he is within any of the following paragraphs-
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(a) the person having the management of the installation or of its main structure; |
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(b) a person to whom subsection (5) applies in relation to the installation; |
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(c) a person outside paragraphs (a) and (b) who is a party to a joint operating agreement or similar agreement relating to rights by virtue of which a person is within paragraph (b); |
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(d) a person outside paragraphs (a) to (c) who owns any interest in the installation otherwise than as security for a loan; |
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(e) a company which is outside paragraphs (a) to (d) but is associated with a company within any of those paragraphs. |
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(2) A notice under section 29(1) shall not be given to a person in relation to the abandonment of a submarine pipeline unless at the time when the notice is given he is within any of the following paragraphs-
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(a) a person designated as the owner of the pipeline by an order made by the Secretary of State under section 27; |
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(b) a person outside paragraph (a) who owns any interest in the whole or substantially the whole of the pipeline, otherwise than as security for a loan; |
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(c) a company which is outside paragraphs (a) and (b) but is associated with a company within one of those paragraphs. |
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(3) The Secretary of State may by written notice require a person appearing to the Secretary of State to be within any of the paragraphs of subsection (1) or (2) to give him, within such time as may be specified in the notice, the name and address of every other person whom the recipient of the notice believes to be within any of those paragraphs in relation to the installation or pipeline concerned.
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(4) A person who without reasonable excuse fails to comply with a notice under subsection (3) shall be guilty of an offence.
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(5) This subsection applies to a person in relation to an offshore installation if-
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(a) he has the right to exploit or explore mineral resources in any area, or to store gas in any area and to recover gas so stored; and |
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(b) any activity mentioned in subsection (6) is carried on from, by means of or on the installation, |
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or if he had such a right when any such activity was last so carried on.
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(6) The activities referred to in subsection (5) are-
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(a) the exploitation or exploration of mineral resources, or the storage or recovery of gas, in the exercise of the right mentioned in subsection (5)(a); |
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(b) the conveyance in the area so mentioned, by means of a pipe or system of pipes, of minerals got, or gas being stored or recovered, in the exercise of that right; and |
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(c) the provision of accommodation for persons who work on or from an installation which is or has been maintained, or is intended to be established, for the carrying on of an activity falling within paragraph (a) or (b) or this paragraph. |
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(7) The fact that an installation has been maintained for the carrying on of an activity within subsection (6) shall be disregarded for the purposes of paragraph (c) of that subsection if, since it was so maintained, the installation-
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(a) has been outside relevant waters or, where it was so maintained in a part of a foreign sector of the continental shelf adjacent to those waters, the area consisting of those waters and that part; or |
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(b) has been maintained for the carrying on of an activity which is not within that subsection. |
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(8) For the purposes of this section, one company is associated with another if one of them controls the other or a third company controls both of them; and one company controls another if it possesses or is entitled to acquire-
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(a) one half or more of the issued share capital of the company; |
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(b) such rights as would entitle it to exercise one half or more of the votes exercisable in general meetings of the company; |
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(c) such part of the issued share capital of the company as would entitle it to one half or more of the amount distributed if the whole of the income of the company were in fact distributed among the shareholders; or |
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(d) such rights as would, in the event of the winding up of the company or in any other circumstances, entitle it to receive one half or more of the assets of the company which would then be available for distribution among the shareholders, |
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or if it has the power, directly or indirectly, to secure that the affairs of the company are conducted in accordance with its wishes.
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(9) In determining whether, by virtue of subsection (8), one company controls another, the first-mentioned company shall be taken to possess-
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(a) any rights and powers possessed by a person as nominee for it; and |
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(b) any rights and powers possessed by a company which it controls (including rights and powers which such a company would be taken to possess by virtue of this paragraph). |
| Section 29 notices: supplementary provisions. |
31. - (1) Subject to subsection (3), the Secretary of State shall not give a notice under section 29(1) in relation to an offshore installation to a person within paragraph (d) or (e) of section 30(1) if the Secretary of State has been and continues to be satisfied that adequate arrangements (including financial arrangements) have been made by a person or persons within paragraph (a), (b) or (c) to ensure that a satisfactory abandonment programme will be carried out.
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(2) Subject to subsection (3), the Secretary of State shall not give a notice under section 29(1) in relation to a submarine pipeline to a person within paragraph (b) or (c) of section 30(2) if the Secretary of State has been and continues to be satisfied that adequate arrangements (including financial arrangements) have been made by a person or persons within paragraph (a) to ensure that a satisfactory abandonment programme will be carried out.
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(3) Subsections (1) and (2) shall not apply if there has been a failure to comply with a notice under section 29(1) or if the Secretary of State has rejected a programme submitted in compliance with such a notice.
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(4) The Secretary of State shall not give a notice to a person under section 29(1) without first giving him an opportunity to make written representations as to whether the notice should be given.
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(5) Where the Secretary of State has given a notice under section 29(1) in relation to an installation or a pipeline, he may at any time before the programme required by it is submitted withdraw the notice or give (subject to the preceding provisions of this section) a further notice under section 29(1) (whether in substitution for or in addition to any notice already given); and if he does so he shall inform the recipients of any other notices which have been given in relation to that installation or pipeline and not withdrawn.
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(6) Neither the withdrawal of a notice given under section 29(1) nor the giving of a further notice shall relieve the recipient of any other notice of his duty to submit a programme (jointly, in a case where more than one notice is given and not withdrawn, with the recipients of the other notices).
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| Approval of programmes. |
32. - (1) The Secretary of State may either approve or reject a programme submitted to him under section 29.
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(2) If he approves a programme, the Secretary of State may approve it with or without modifications and either subject to conditions or unconditionally.
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(3) Before approving a programme with modifications or subject to conditions, the Secretary of State shall give the persons who submitted the programme an opportunity to make written representations about the proposed modifications or conditions.
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(4) If he rejects a programme, the Secretary of State shall inform the persons who submitted it of his reasons for doing so.
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(5) The Secretary of State shall act without unreasonable delay in reaching a decision as to whether to approve or reject a programme.
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| Failure to submit programmes. |
33. - (1) If a notice under section 29(1) is not complied with, or if the Secretary of State rejects a programme submitted in compliance with such a notice, the Secretary of State may himself prepare an abandonment programme for the installation or pipeline concerned.
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(2) With a view to exercising his powers under subsection (1) of this section, the Secretary of State may by written notice require any of the persons to whom notice was given under section 29(1) to provide him, within such time as may be specified in the notice, with such records and drawings and such other information as may be so specified.
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(3) A person who without reasonable excuse fails to comply with a notice under subsection (2) shall be guilty of an offence.
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(4) The Secretary of State may recover from any of the persons to whom a notice was given under section 29(1) any expenditure incurred by the Secretary of State in preparing an abandonment programme under this section, and any fee that would have been payable on the submission of a programme by those persons.
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(5) A person liable to pay any sum to the Secretary of State by virtue of subsection (4) shall also pay interest on that sum for the period beginning with the day on which the Secretary of State notified him of the sum payable and ending with the date of payment.
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(6) The rate of interest payable in accordance with subsection (5) shall be a rate determined by the Secretary of State as comparable with commercial rates.
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(7) Where the Secretary of State prepares an abandonment programme under this section, he shall inform the persons to whom notice was given under section 29(1) of its terms; and when he has done so, the following provisions of this Part of this Act shall have effect as if the programme had been submitted by those persons and approved by the Secretary of State.
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| Revision of programmes. |
34. - (1) Where the Secretary of State has approved a programme submitted to him under section 29-
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(a) either he or the persons who submitted it acting together may propose an alteration to the programme or to any condition to which it is subject; and |
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(b) either he or any of those persons may propose that any person who by virtue of section 36 has a duty to secure that the programme is carried out shall cease to have that duty, or that a person who does not already have that duty shall have it (either in addition to or in substitution for another person). |
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(2) In the case of a proposal of the kind mentioned in subsection (1)(b), any person who would if the proposed change were made have a duty to secure that the programme is carried out must be a person who-
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(a) if the programme relates to an offshore installation, is within paragraph (a), (b), (c), (d) or (e) of section 30(1) when the proposal is made, or has been within one of those paragraphs at some time since the giving of the first notice under section 29(1) in relation to the installation; and |
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(b) if the programme relates to a submarine pipeline, is within paragraph (a), (b) or (c) of section 30(2) when the proposal is made, or has been within one of those paragraphs at some time since the giving of the first notice under section 29(1) in relation to the pipeline. |
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(3) The Secretary of State shall not propose that a person who is or has been within paragraph (d) or (e) (but no other paragraph) of section 30(1) or paragraph (b) or (c) (but not paragraph (a)) of section 30(2) shall have a duty to secure that a programme is carried out unless it appears to the Secretary of State that a person already under that duty has failed or may fail to discharge it.
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(4) A proposal under subsection (1) shall be made by written notice given-
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(a) if the proposal is the Secretary of State's, to each of the persons by whom the programme was submitted; and |
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(b) in any other case, to the Secretary of State; |
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and a person giving notice to the Secretary of State shall at the same time pay to him such fee in respect of his expenditure under this Part of this Act as may be determined in accordance with regulations under section 39.
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(5) Where the Secretary of State has made a proposal under subsection (1)(a), he shall give an opportunity to make written representations about it to each of the persons who submitted the programme.
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(6) Where a proposal has been made under subsection (1)(b), the Secretary of State shall give an opportunity to make written representations about it to every person (other than one who made the proposal) who will if the proposed change is made-
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(a) have a duty to secure that the programme is carried out; or |
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(b) cease to have that duty. |
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(7) The Secretary of State shall determine whether a change proposed under subsection (1) is to be made and shall then give notice of his determination, and of his reasons for it, to-
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(a) every person who, before the determination was made, had a duty to secure the carrying out of the programme; and |
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(b) any person who has that duty as a result of the determination. |
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(8) Where the Secretary of State determines that a change proposed in accordance with this section shall be made, this Part of this Act shall thereafter have effect as if the programme had been approved by the Secretary of State after being submitted under section 29 with the alterations, or as the case may be by the persons, specified in the determination.
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