The Marine Recovery Funds Regulations 2025
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Change 1
8 Approval of MRF application and entry into MRF contract
(1) Following completion of the application procedure determined under regulation 7(1) in relation to an MRF application, the Secretary of State must decide whether to approve that application. (2) Before approving an MRF application, the Secretary of State must be satisfied that a determination has been made, by or on behalf of the person who imposed the compensation condition which the MRF applicant seeks to discharge by making an MRF payment, as to the extent to which the making of that MRF payment would discharge that compensation condition. (3) When approving an MRF application, the Secretary of State must— (a) allocate an approved measure to the MRF applicant (“allocated measure”) which is sufficient to discharge— (i) the whole of the compensation condition referred to in paragraph (2), or (ii) the part of that compensation condition in respect of which the MRF payment is to be made, (b) determine the amount of the MRF payment to be made, (c) determine the terms on which the MRF payment is to be made, and (d) offer to enter into an MRF contract with the MRF applicant on those terms. (4) The allocated measure may be— (a) a whole approved measure, (b) part of an approved measure, or (c) any combination of whole approved measures and parts of approved measures. (5) In addition to an amount in respect of the delivery of the allocated measure, the amount of the MRF payment referred to in paragraph (3)(b) may include an amount, which may be set by reference to the estimated cost of the allocated measure, in respect of— (a) activities in connection with the development of measures for approval under regulation 6 and the giving of such approval; (b) the activities referred to in regulation 15 (monitoring, adapting and decommissioning of allocated measures).
8 Approval of MRF application and entry into MRF contract
(1) Following completion of the application procedure determined under regulation 7(1) in relation to an MRF application, the Secretary of State must decide whether to approve that application. (2) Before approving an MRF application, the Secretary of State must be satisfied that a determination has been made, by or on behalf of the person who imposed the compensation condition which the MRF applicant seeks to discharge by making an MRF payment, as to the extent to which the making of that MRF payment would discharge that compensation condition. (3) When approving an MRF application, the Secretary of State must— (a) allocate an approved measure to the MRF applicant (“allocated measure”) which is sufficient to discharge— (i) the whole of the compensation condition referred to in paragraph (2), or (ii) the part of that compensation condition in respect of which the MRF payment is to be made, (b) determine the amount of the MRF payment to be made, (c) determine the terms on which the MRF payment is to be made, and (d) offer to enter into an MRF contract with the MRF applicant on those terms. (4) The allocated measure may be— (a) a whole approved measure, (b) part of an approved measure, or (c) any combination of whole approved measures and parts of approved measures. (5) In addition to an amount in respect of the delivery of the allocated measure, the amount of the MRF payment referred to in paragraph (3)(b) may include an amount, which may be set by reference to the estimated cost of the allocated measure, in respect of— (a) activities in connection with the development of measures for approval under regulation 6 and the giving of such approval; (b) the activities referred to in regulation 15 (monitoring, adapting and decommissioning of allocated measures).
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