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| Withdrawal of approval. |
35. - (1) The Secretary of State may at the request of one or more of the persons who submitted an abandonment programme withdraw his approval of the programme.
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(2) If a request under subsection (1) is made by some but not all of the persons who submitted the programme, the Secretary of State shall give the others an opportunity to make written representations as to whether his approval should be withdrawn.
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(3) The Secretary of State shall after determining whether to withdraw his approval of an abandonment programme give notice of his determination to each of the persons who submitted the programme.
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| Duty to carry out programmes. |
36. Where an abandonment programme is approved by the Secretary of State, it shall be the duty of each of the persons who submitted it to secure that it is carried out and that any conditions to which the approval is subject are complied with.
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| Default in carrying out programmes. |
37. - (1) If an abandonment programme approved by the Secretary of State is not carried out or a condition to which the approval is subject is not complied with, the Secretary of State may by written notice require any of the persons who submitted the programme to take such remedial action as may be specified in the notice within such time as may be so specified.
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(2) A person who fails to comply with a notice given to him under subsection (1) shall be guilty of an offence unless he proves that he exercised due diligence to avoid the failure.
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(3) If a notice under subsection (1) is not complied with, the Secretary of State may carry out the remedial action required by the notice, and may recover any expenditure incurred by him in doing so from the person to whom the notice was given.
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(4) A person liable to pay any sum to the Secretary of State by virtue of subsection (3) 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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(5) The rate of interest payable in accordance with subsection (4) shall be a rate determined by the Secretary of State as comparable with commercial rates.
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| Financial resources. |
38. - (1) At any time after the Secretary of State has given a notice under section 29(1) to any person and before he has approved an abandonment programme for the installation or pipeline concerned, he may by written notice require that person within such time as may be specified in the notice-
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(a) to provide such information relating to the financial affairs of that person; and |
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(b) to supply copies of such documents relating to those affairs, |
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as may be so specified.
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(2) In order to satisfy himself that a person who has a duty to secure that an abandonment programme is carried out will be capable of discharging that duty, the Secretary of State may at any time by written notice require that person, within such time as may be specified in the notice-
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(a) to provide such information; and |
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(b) to supply copies of such documents, |
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as may be so specified.
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(3) A person who-
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(a) without reasonable excuse fails to comply with a notice under subsection (1) or (2); or |
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(b) in purported compliance with such a notice provides information which he knows to be false in a material particular or recklessly provides information which is false in a material particular, |
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shall be guilty of an offence.
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(4) If the Secretary of State is not satisfied that a person will be capable of discharging the duty imposed on him by section 36, he may by written notice, after consulting the Treasury, require that person to take such action as may be specified in the notice within such time as may be so specified.
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(5) The Secretary of State shall not give notice to a person under subsection (4) without first giving him an opportunity to make written representations as to whether the notice should be given.
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(6) A person who fails to comply with a notice under subsection (4) shall be guilty of an offence unless he proves that he exercised due diligence to avoid the failure.
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| Regulations. |
39. - (1) The Secretary of State may make regulations relating to the abandonment of offshore installations and submarine pipelines.
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(2) Without prejudice to the generality of subsection (1), regulations under this section may-
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(a) prescribe standards in respect of the dismantling, removal and disposal of installations and pipelines; |
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(b) prescribe standards and safety requirements in respect of anything left in the water in cases where an installation or pipeline is not wholly removed; |
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(c) make provision for the prevention of pollution; |
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(d) make provision for inspection, including provision as to the payment of the costs of inspection; |
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(e) make provision as to the determination of the amount of any fees that are payable to the Secretary of State under this Part of this Act. |
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(3) Regulations under this section may include provision making it an offence, in such cases as may be prescribed in the regulations, to contravene the regulations.
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(4) Where regulations under this section create an offence, they shall make provision as to the mode of trial and punishment of offenders; but-
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(a) any provision as to punishment on summary conviction shall not authorise a fine exceeding the statutory maximum or imprisonment; and |
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(b) any provision as to punishment on conviction on indictment shall not authorise imprisonment for a term exceeding two years. |
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(5) Before making regulations under this section the Secretary of State shall consult organisations in the United Kingdom appearing to him to be representative of those persons who will be affected by the regulations; and he shall not make regulations relating to the amount of any fees without the consent of the Treasury.
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(6) Regulations under this section shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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| Offences: penalties. |
40. A person guilty of an offence under section 30, 33, 37 or 38 shall be liable-
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(a) on summary conviction, to a fine not exceeding the statutory maximum; |
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(b) on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine, or to both. |
