Report of the forty-third meeting of the Consultative Committee for Programme Development and Management
There shall be a body corporate to be known as the Nuclear Decommissioning Authority (“the NDA”).
The NDA is not to be treated— and the NDA’s property is not to be regarded as property of the Crown, or as held on behalf of the Crown.
except so far as necessary for the purposes of its function under section 7(2), as performing any duty or exercising any power on behalf of the Crown; or
as enjoying any status, immunity or privilege of the Crown;
The NDA—
shall consist of not fewer than seven and not more than thirteen members; and
shall have a membership comprising both non-executive members and executive members.
The non-executive members shall be— and (subject to subsection (1)) it is for the Secretary of State to determine how many non-executive members there are to be in addition to the chairman.
a chairman appointed by the Secretary of State; and
a number of other persons appointed by the Secretary of State (after consultation with the chairman);
The executive members shall be— and it is for the non-executive members to determine (subject to subsection (8)) whether there are to be executive members in addition to the chief executive, and (if so) how many.
a person appointed by the non-executive members to be the NDA’s chief executive; and
the other persons (if any) appointed by them (after consultation with the chief executive) to be executive members in addition to the chief executive;
The approval of the Secretary of State is required for the appointment of the chief executive.
Before— the Secretary of State must consult the Scottish Ministers.
appointing a person to be the chairman or otherwise to be a non-executive member of the NDA, or
approving the appointment of a person to be the chief executive,
Subsection (5) may be satisfied by consultation that took place wholly or partly before the commencement of this section.
If there are executive members in addition to the chief executive, each must be a member of the staff of the NDA.
Where the Secretary of State so provides by a direction to the NDA, the non-executive members must secure that the number of executive members in addition to the chief executive— and the direction must not set a maximum of more than three.
is not less than the minimum set by the direction; and
does not exceed the maximum so set;
The Secretary of State must exercise his powers under this section to secure, so far as practicable, that the number of executive members is at all times less than the number of non-executive members.
Schedule 1 (which contains further provision about the constitution, staffing and proceedings of the NDA) has effect; and subsections (1) to (9) have effect subject to paragraph 4 of that Schedule.
The principal function of the NDA shall be to have responsibility for securing—
the operation, pending the commencement of their decommissioning, of designated nuclear installations;
the decommissioning of those and other designated nuclear installations;
the cleaning-up of designated nuclear sites;
the operation of designated facilities for treating, storing, transporting or disposing of hazardous material;
the treatment, storage, transportation and disposal, in designated circumstances, of hazardous material; and
the decommissioning of designated installations comprised in NDA facilities.
The responsibilities of the NDA under this section are responsibilities to be discharged by the performance of its duties under sections 15 and 16.
A designation for the purposes of this section— has (subject to section 6) to be in the form of a direction given by the Secretary of State to the NDA.
of an installation, site or facility, and
of the circumstances in which the NDA is to have responsibility for securing the treatment, storage, transportation or disposal of matter or waste,
A direction must not give the NDA a responsibility mentioned in this section in relation to an installation, site or facility unless the person with control of it at the time when the direction is given is—
a Crown appointee;
the UKAEA;
a publicly owned company;
the NDA itself; or
a person who has consented to the giving of the direction.
A direction designating an installation, site or facility must specify the paragraph or paragraphs of subsection (1) for the purposes of which it is being designated.
But, except in so far as the direction containing the designation otherwise provides, the designation of a principal nuclear site for cleaning-up is to have effect for the purposes of this Chapter as including a designation, as an installation to be decommissioned, of every installation situated in or on that site.
The Secretary of State must—
lay before Parliament a copy of every direction containing a designation;
publish the contents of every such direction in the manner which, in his opinion, is most appropriate for bringing it to the attention of persons likely to be affected by it; and
send a copy of every direction giving the NDA a responsibility in relation to an installation, site or facility to the person with control of that installation, site or facility.
The Scottish Ministers must lay before the Scottish Parliament a copy of every direction which by virtue of section 6 is given jointly by them and the Secretary of State.
The Secretary of State may exclude— anything the publication of which he considers to be against the interests of national security.
from what he lays before Parliament and publishes under this section, and
from what is to be laid before the Scottish Parliament by the Scottish Ministers,
Where the NDA is given a responsibility for securing the operation of an installation or facility, a direction may also give the NDA further responsibilities in relation to the management of the site where that installation or facility is situated.
Where the NDA is given a responsibility in relation to a principal nuclear site, a direction may give the NDA further responsibilities in relation to the operation or management of any one or more of the following—
research facilities situated in or on that site;
facilities other than research facilities which are situated in or on that site and are neither nuclear installations nor NDA facilities;
other land (whether or not adjacent to that site) which is owned or occupied, together with it, by the person with control of the principal nuclear site; and
facilities of any description situated in or on such other land.
The NDA is not to be given further responsibilities under subsection (1) or (2) except where the Secretary of State considers it appropriate to do so—
for the purpose of facilitating the carrying out by the NDA of any of its functions; or
for a purpose otherwise incidental to the carrying out of those functions.
Where a direction gives the NDA a responsibility for securing the treatment, storage, transportation or disposal of matter or waste, it may also give the NDA responsibility for securing the design, construction and operation of a facility for that purpose.
Subsection (4) of section 3 applies to giving the NDA a responsibility mentioned in this section as it applies to giving it a responsibility mentioned in that section.
In this section “direction” means a direction under section 3.
A direction comes into force at the time which is specified in the direction or determined in accordance with provision contained in it.
A direction giving the NDA responsibilities in relation to an installation, site or facility which— may require the person with control of the installation, site or facility to make payments to the Secretary of State.
is a nuclear installation, a principal nuclear site or a facility situated in or on a principal nuclear site, but
is not one in relation to which the NDA is to have a financial responsibility under section 21,
A direction may also impose requirements with respect to the charges which (subject to section 21) are to be imposed by the NDA in connection with the discharge of responsibilities given to the NDA by the direction.
Subject to subsections (5) and (6), a direction may be modified or revoked by a subsequent direction.
A direction must not modify or revoke a direction relating to the responsibility of the NDA in relation to an installation, site or facility unless the person with control of the installation, site or facility is, at the time when the modification or revocation comes into force—
a Crown appointee;
the UKAEA;
a publicly owned company;
the NDA itself; or
a person who has consented to the modification or revocation.
A direction in so far as it gives the NDA responsibility— may be revoked only if the condition set out in subsection (7) is satisfied.
for the decommissioning of an installation, or
for the cleaning-up of a principal nuclear site,
The condition is—
in the case of a direction given by the Secretary of State, that he is satisfied that the NDA has discharged all its responsibilities in relation to the decommissioning or cleaning-up of the installation or site; and
in the case of a direction given jointly by the Secretary of State and the Scottish Ministers, that he and those Ministers are so satisfied.
The Secretary of State must pay sums received by him by virtue of subsection (2) into the Consolidated Fund.
In this section “direction” means a direction under section 3.
A direction under section 3 which— may be given only by the Secretary of State and the Scottish Ministers, acting jointly.
gives the NDA responsibilities falling within subsection (2), or
removes or varies any such responsibilities,
The following responsibilities fall within this subsection—
responsibility for the cleaning-up of a site in Scotland which is a principal nuclear site without being a licensable site;
responsibility for the cleaning-up of a contaminated site in Scotland;
responsibility for the operation of facilities for treating or storing hazardous material in or on a site in Scotland which is a principal nuclear site without being a licensable site;
responsibility for the operation in or on a nuclear site in Scotland of a facility for the disposal of hazardous material;
responsibility, in specified circumstances, for the disposal at a site in Scotland of hazardous material;
responsibility for the treatment or storage of hazardous material that may, in the discharge of that responsibility, be treated or stored in or on a site in Scotland which is not a licensable site;
responsibility for the decommissioning of an installation comprised in NDA facilities that are situated in or on a site in Scotland which is a principal nuclear site without being a licensable site.
Before giving a direction under section 3 which— the Secretary of State must consult the Scottish Ministers.
gives the NDA responsibilities for the operation in or on a licensable site in Scotland of a facility for the non-processing treatment of hazardous material;
gives it responsibilities not falling within subsection (2)(f) for the non-processing treatment or the storage of hazardous material the treatment or storage of which, in the discharge of those responsibilities, may take place in or on a site in Scotland;
gives it responsibilities for the operation in or on a licensable site in Scotland of a facility for the storage of hazardous material; or
removes or varies any responsibilities mentioned in paragraph (a) or (c),
In this section—
waters in or adjacent to Great Britain which are between the mean low water mark and the seaward limits of the territorial sea; and
The NDA must carry out and complete a review of its strategy before the end of each review period. If, in consequence of such a review, the NDA decides that it is necessary to revise its strategy, it must submit the draft of its proposed revision for approval. If, in consequence of such a review, the NDA decides that it is unnecessary to revise its strategy, it must submit its current strategy for the renewal of the strategy’s approval. The obligation, following a review, to submit— is an obligation to submit it as soon as reasonably practicable after the completion of the review. The NDA may revise its strategy otherwise than in consequence of a review. A revision otherwise than in consequence of a review takes effect without approval except to the extent that it contains modifications of the NDA’s strategy which— Accordingly, the NDA must submit for approval so much of every proposed revision which— The persons to whom a submission for approval, or for a renewal of approval, must be made are— In this paragraph “review period” means—
The NDA must publish its approved strategy in the manner which, in its opinion, is most appropriate for bringing it to the attention of persons likely to be affected by it. Where it revises that strategy, it must so publish the revised strategy. The Secretary of State must lay before Parliament a copy of anything that the NDA publishes in accordance with sub-paragraph (1) or (2), and the Scottish Ministers must lay before the Scottish Parliament a copy of anything that is so published. Where the NDA publishes a strategy or revised strategy under this paragraph it must, in the same manner, publish a report on the representations it received about what the strategy or revision should contain. The NDA must exclude from what it publishes under this paragraph anything that it has been notified by the Secretary of State is a matter the publication of which he considers to be against the interests of national security. The NDA may also exclude from what it publishes under this paragraph— In determining whether to exclude anything from publication under sub-paragraph (6) the NDA must have regard to whether the harm that would be caused by publication is likely to outweigh the benefits.
This Schedule applies where— In this Schedule— In this paragraph “company” means a company as defined in section 1(1) of the Companies Act 2006.
The Treasury, a Minister of the Crown or either of the Authorities may appoint a person to act as a nominee of the Treasury, of that Minister or of that Authority— The consent of the Treasury is required for the appointment of a nominee by a Minister of the Crown. The issue of securities under paragraph 2 to a nominee of the Treasury or of a Minister of the Crown must be in accordance with such directions (if any) as are given from time to time— The acquisition of securities or rights under paragraph 3 by a nominee of the Treasury or of a Minister of the Crown must be in accordance with such directions (if any) as are given from time to time— A person who by virtue of paragraph 2 or 3 and this paragraph holds securities or rights as a nominee of the Treasury or of a Minister of the Crown must hold them and deal with them— as the Treasury or, with the consent of the Treasury, the Secretary of State may direct.
This paragraph applies where a distribution is proposed to be declared— sections 836 to 840 of the Companies Act 2006 (accounts relevant for determining whether a distribution may be made by a company) shall have effect as if— included references to such accounts as, on the assumptions stated in sub-paragraph (3), would have been prepared under section 394 of that Act in respect of the relevant year (“the relevant accounts”). Those assumptions are— The relevant accounts shall not be regarded as statutory accounts for the purposes of paragraph 8 of Schedule 7. In this paragraph—
Subject to paragraphs 5 and 6, the Secretary of State may, with the approval of the Treasury, make loans of such amounts as he thinks fit to— Loans which the Secretary of State makes under this paragraph must be repaid to him at such times and by such methods as he may direct from time to time. Interest on such loans must be paid to the Secretary of State at such rates and at such times as he may so direct. The approval of the Treasury is required for a direction under sub-paragraph (2) or (3). The Secretary of State must pay sums received by him by virtue of this paragraph into the Consolidated Fund.
Section 2 of the Nuclear Industry (Finance) Act 1977 (c. 7) (financial limits for BNFL) shall have effect— The amounts treated as included in the amounts specified in section 2(2) of that Act of 1977 are— Section 2(3) of that Act of 1977 (limit of £400 million on certain other guarantees for BNFL) shall have effect as if references to BNFL included references to a designated BNFL company that was publicly controlled when the guarantee was given. The Secretary of State may by order— An order apportioning the limit between different companies may provide for the amount apportioned to a particular company to be nil. No order is to be made containing provision increasing that limit unless a draft of the order has been— An order under this paragraph providing for the apportionment of that limit between different companies to which it applies must be laid before Parliament.
This paragraph has effect for the purposes of the statutory accounts of each of the following— The vesting in the company mentioned in sub-paragraph (1)(a) or (b) of property, rights and liabilities in accordance with the nuclear transfer scheme shall be taken to have been effected immediately after the end of the last accounting year of the transferor. Where a nuclear transfer scheme— the value or amount shall be taken to be the value or amount specified in or determined in accordance with the provisions of the scheme. In this paragraph—
For the purposes of this Part of this Schedule a person is entitled to pension protection in relation to a nuclear transfer scheme or any transfer arrangements if— This sub-paragraph applies to a person if— The transfers referred to in sub-paragraph (2) are— For the purposes of sub-paragraph (2) a person’s employment is for NDA purposes if it is— A person falls within this sub-paragraph if— For the purposes of sub-paragraph (5) it is immaterial that the condition in paragraph (b) of that sub-paragraph is satisfied at different times in the period by reference to different schemes or different paragraphs of sub-paragraph (7) or both. This sub-paragraph applies to a person if— For the purposes of sub-paragraph (5) the employment condition is satisfied by a person at the relevant time if, and only if, his employment throughout the relevant period has been for NDA purposes (within the meaning of sub-paragraph (4)). For the purposes of sub-paragraph (8) the relevant period in the case of a person to whom sub-paragraph (2) applies is whichever is the shorter of— For the purpose of a person being entitled to pension protection in relation to a nuclear transfer scheme or any transfer arrangements on the first occasion on which sub-paragraph (2) applies to him, this paragraph shall have effect with the omission of sub-paragraph (5)(c). A person is not entitled to pension protection in relation to a nuclear transfer scheme or any transfer arrangements— In this paragraph “the relevant time”, in relation to a person to whom sub-paragraph (2) applies, means—
The Secretary of State shall have power by direction to make such modifications of an NDA pension scheme as he considers appropriate for the purpose of securing— that the scheme will be an appropriate pension scheme for the purposes of paragraph 10 or 11. The NDA shall also have power by direction to make such modifications of an NDA pension scheme as it considers appropriate for the purpose of securing— that the scheme will be an appropriate pension scheme for the purposes of paragraph 10 or 11. Before making a modification under this paragraph the Secretary of State must consult— Before making a modification under this paragraph the NDA must—
The Police Authority may borrow money, but only in accordance with this paragraph. The approval of the Treasury is required for borrowing by the Police Authority. The Police Authority may borrow from the Secretary of State such sums in sterling as it may require for meeting its obligations and for carrying out its functions. The Police Authority may, with the consent of the Secretary of State, borrow temporarily by way of overdraft from persons other than the Secretary of State such sums in sterling as it may require for meeting its obligations and for carrying out its functions. The Police Authority must not borrow if the effect would be— The Police Authority’s borrowing limit is £10 million. The Secretary of State may by order vary the Police Authority’s borrowing limit. The approval of the Treasury is required for the making of an order under sub-paragraph (7). An order under sub-paragraph (7) is subject to the negative resolution procedure.
The Secretary of State may determine the financial duties of the Police Authority. Before determining any financial duties under this paragraph, the Secretary of State must consult the Police Authority. The approval of the Treasury is required for a determination by the Secretary of State of the Police Authority’s financial duties. A determination by the Secretary of State of the Police Authority’s financial duties may— The Secretary of State may make different determinations for different functions and activities of the Police Authority. The Secretary of State must give the Police Authority notice of every determination by him of its financial duties.
The Secretary of State must pay sums received by him under paragraph 9, 10 or 13 into the Consolidated Fund.
Before the commencement of section 136, the Secretary of State shall make a scheme in relation to existing transmission licences. A scheme under this paragraph shall provide for each licence to which it relates to have effect on and after such date as the scheme may provide— Subject to sub-paragraph (4), a scheme under this paragraph shall provide that the conditions which by virtue of section 137(3) are standard conditions for the purposes of transmission licences are incorporated by reference in each licence to which the scheme relates (in place of the existing standard conditions of that licence). A scheme under this paragraph may provide that each licence to which it relates shall have effect with such incidental, consequential and supplementary modifications as appear to the Secretary of State to be necessary or expedient. Modifications under sub-paragraph (4) may relate to— A scheme under this paragraph may— As soon as practicable after making a scheme under this paragraph, the Secretary of State shall publish the text of each licence to which the scheme relates as it has effect by virtue of the scheme. Any text so published shall be treated as authoritative unless the contrary is shown. The Secretary of State may change the date on which a scheme under this paragraph is to come into operation.
If at any time after a scheme under paragraph 1 has come into operation the Secretary of State considers it appropriate to do so, he may by order provide that the scheme shall for all purposes be deemed to have come into operation with such modifications as may be specified in the order. An order under sub-paragraph (1) may make, with effect from the coming into force of the scheme, such provision as could have been made by the scheme, and in connection with giving effect to that provision from that time may contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate. An order under sub-paragraph (1) is subject to the negative resolution procedure.
On an application for the making of a property arrangements scheme, GEMA shall, in relation to any property, rights or liabilities in respect of which the application proposes provision of a kind mentioned in paragraph 1(1), determine whether provision of such a kind is, in relation to that property, or those rights or liabilities, necessary or expedient for implementation purposes. Sub-paragraph (1) does not apply if the system operator and the relevant existing transmission licence holder agree that provision of a kind mentioned in paragraph 1(1) is, in relation to the property, rights or liabilities concerned, necessary or expedient for implementation purposes. If GEMA determines under sub-paragraph (1) that provision of a kind mentioned in paragraph 1(1) is not, in relation to any property, rights or liabilities, necessary or expedient for implementation purposes, it shall refuse the application in relation to that property, or those rights or liabilities. If— GEMA shall, subject to paragraph 4(2), make a property arrangements scheme in relation to that property, or those rights or liabilities.
In Schedule 13 to the Water Industry Act 1991 (protective provisions), in paragraph 1(5) (undertakings protected), in paragraph (f), for “transmit or supply” substitute “supply or participate in the transmission of”.
In section 33(1) of the Utilities Act 2000 (which provides that conditions determined under that provision shall be standard conditions for the purposes of any of the types of licence mentioned in section 6(1) of the 1989 Act)—
for “6(1)” substitute “6(1)(a), (c) and (d)”,
omit the words “transmission licences,”, and
for the words from “, subject” to the end substitute be standard conditions for the purposes of licences of that type, subject to any modifications of the standard conditions for the purposes of licences of that type made—
Subject to the following provisions of this paragraph, where GEMA is required to make a property arrangements scheme, the terms of the scheme shall be such as the system operator and the relevant existing transmission licence holder may agree or, if they fail to agree, as GEMA may determine. GEMA may not include in a property arrangements scheme provision which would adversely affect a third party unless it determines that it is necessary or expedient for implementation purposes for the provision to be made. Where GEMA does include in a property arrangements scheme provision which would adversely affect a third party, GEMA shall determine whether the scheme should include provision for compensation and, if so, what that provision should be. A property arrangements scheme shall not provide for any provision to come into operation before the end of the period of 21 days beginning with the day on which the scheme is made.
A determination under paragraph 4, so far as relating to any financial matter, shall be made on the basis of what is just in all the circumstances of the case. A determination under paragraph 4, so far as relating to any other matter, shall be made on the basis of what appears to GEMA to be appropriate in all the circumstances of the case having regard, in particular, to what is necessary or expedient for implementation purposes.
GEMA may require any of the following persons to give it information and assistance in connection with the making of a determination under this Schedule—
the system operator,
any existing transmission licence holder, and
any person who makes representations to GEMA about the application to which the determination relates.
GEMA may engage such consultants as it thinks fit for the purpose of advising it in relation to the making of a determination under this Schedule.
in relation to an installation in transit, the person in charge of the transit operation;
“voting rights” is to be construed in accordance with subsection (5).
A person who— is not to cease to be a participant in that pension scheme by reason only that he has ceased to be employed by the transferor. A person falling within sub-paragraph (1)(a) but not within sub-paragraph (1)(b) who, immediately before the transfer of his employment takes effect— is not precluded from being, or becoming, eligible to participate in that pension scheme by reason only that he has ceased to be employed by the transferor. Sub-paragraphs (1) and (2) do not apply in relation to the transfer of a person’s employment unless— Sub-paragraphs (1) and (2) do not apply in relation to the transfer of a person’s employment that takes effect on or after the designated date unless— The qualification requirement is satisfied by a person for the purposes of sub-paragraph (4) at any time when— and it is immaterial for the purposes of that sub-paragraph that the requirement is satisfied at different times in the period in question by reference to different paragraphs of this sub-paragraph. A UKAEA pension scheme may apply to persons who are— as it applies to persons to whom it applies apart from this paragraph. A UKAEA pension scheme may also apply to persons who (without being persons to whom it would apply apart from this sub-paragraph) are employees of a publicly controlled company in a case in which— A person is not entitled to participate in a UKAEA pension scheme by virtue of any of sub-paragraphs (1) to (7) at any time after he has ceased to be able to remain, or to become, a participant in that scheme as a consequence of having agreed to become a participant in— If a relevant public sector employer to which the employment of any person is transferred in accordance with a nuclear transfer scheme or with transfer arrangements— then, from the time when it so ceases, no person employed by that company shall be entitled, by virtue of that employment, to participate in a UKAEA pension scheme or to be or to become eligible to participate in such a scheme. In this paragraph “transferor”, in relation to a transfer of employment, means the person by whom the transferred employee was employed immediately before the transfer takes effect.
A direction under paragraph 5 or 6 may require the UKAEA to make such supplemental, consequential and transitional provision modifying a UKAEA pension scheme as the Secretary of State considers appropriate. Before giving a direction under paragraph 5 or 6, the Secretary of State must consult— The power to give a direction under paragraph 5 affecting persons who become employees, or directors or other officers, of a publicly controlled company is not exercisable after the company has ceased to be a publicly controlled company. The provisions of paragraphs 5 and 6—
Before the coming into force of a nuclear transfer scheme in relation to which persons are entitled to pension protection the Secretary of State must consult— Before the coming into force of such a transfer scheme, the Secretary of State must satisfy himself that every person entitled to pension protection in relation to the scheme will be entitled, by virtue of the employment that he will hold after the relevant time— The Secretary of State’s duty under sub-paragraph (2) is owed to every person who is entitled to pension protection in relation to the transfer scheme. In the case of a person to whom paragraph 9(5)(d)(ii) applies, the references in sub-paragraph (2) to a person being entitled to exercise an option are to be construed as references to a person being entitled to exercise an option if his employer exercises the entitlement mentioned in paragraph 9(5)(d)(ii). For the purposes of sub-paragraph (2), a pension scheme is an appropriate pension scheme in relation to a person if the Secretary of State is satisfied that— the benefits that are available under those provisions are no less favourable than the benefits available under the provisions (taken as a whole) of the nuclear pension scheme in respect of which he is entitled to protection under this Part of this Schedule. In sub-paragraph (5) the reference to the scheme in respect of which a person is entitled to protection under this Part of this Schedule is a reference to— and the reference, in relation to such a person, to the provisions of that scheme is a reference to its provisions as in force immediately before the time specified in sub-paragraph (7). That time is— Where a person— this Part of this Schedule shall have effect in relation to that person as if that scheme were a nuclear pension scheme. Sub-paragraph (8) does not apply in relation to a person to whom paragraph 9(5)(d)(ii) applied when the Secretary of State discharged his duty to that person under sub-paragraph (2) unless the person’s employer exercises the entitlement mentioned in paragraph 9(5)(d)(ii). In this paragraph “relevant time” has the same meaning as in paragraph 9.
This paragraph applies for the purposes of the 1992 Act where an asset is transferred by a transfer to which this Part of this Schedule applies. The asset shall be treated as disposed of to the Secretary of State for a consideration of such amount as would secure that, on the disposal, neither a gain nor a loss accrues to BNFL.
Before the beginning of each financial year, the Police Authority must issue a plan setting out the proposed arrangements for policing by the Constabulary during the year (the “annual policing plan”). The annual policing plan must include a statement of— The annual policing plan for a financial year must be consistent with the three-year strategy plan most recently issued or proposed to be issued under paragraph 3 for a period that includes that financial year. Before an annual policing plan for a financial year is issued, a draft of a plan for that year must have been— Before the Police Authority issues an annual policing plan which differs from the draft submitted by the chief constable, it must consult him. The Police Authority must—
As soon as possible after the end of each reporting year, the Police Authority must issue a report relating to the policing carried out by the Constabulary during that year (an “annual report”). The annual report must include an assessment of the extent to which, during that year, proposals have been implemented and things have been done in accordance with— The Police Authority must send a copy of each annual report to the Secretary of State. Where the Secretary of State receives a copy of the Police Authority’s annual report for any year, he must—
The Secretary of State may by order designate the holder of a transmission licence as the system operator for the purposes of this Schedule.
“civil penalty notice” has the meaning given by section 129(2);
Exempt activities carried on— are to be treated for corporation tax purposes as a separate trade distinct from all other activities carried on by the NDA or (as the case may be) that company.
by the NDA, or
by a company while it is an NDA company,
This paragraph applies where there is a finance lease in the case of which— No allowance under Part 2 of the Capital Allowances Act 2001 (c. 2) (plant and machinery allowances) shall be available to the lessor in respect of qualifying expenditure on the provision of the plant or machinery for leasing under the lease. Expressions used in this paragraph and in Chapter 17 of Part 2 of the Capital Allowances Act 2001 (anti-avoidance provisions relating to plant and machinery allowances) have the same meanings in this paragraph as in that Chapter.
This Part of this Schedule applies to a transfer to the Secretary of State in accordance with a nuclear transfer scheme containing provision authorised by section 42 of this Act.
This paragraph applies where— The Police Authority may suspend the senior officer from duty. But this power is to be exercisable only where the Police Authority considers that it is necessary to exercise it in order to maintain public confidence in the Constabulary. The approval of the Secretary of State is required for a suspension under this paragraph.
The chief constable must, as soon as possible after the end of each reporting year—
submit to the Police Authority a report on the policing carried out by the Constabulary during that year; and
arrange for the report to be published in such manner as appears to him to be appropriate.
The Secretary of State may at any time require the Police Authority to submit to him a report on such matters connected with— as he may specify. The Secretary of State may at any time require the chief constable to submit to him a report on such matters connected with policing by the Constabulary as the Secretary of State may specify. If the Secretary of State specifies a particular form for a report under this paragraph, the report must be submitted in that form. Where a report is submitted to the Secretary of State under this paragraph, he may—
In section 5 of the 1986 Act (effect of approval of voluntary arrangements) after subsection (4) insert—
Section 6 of that Act (challenge of decisions in relation to voluntary arrangements) is amended as follows. In subsection (2) for “this section” substitute “subsection (1)”. After that subsection insert— In subsection (4) after “subsection (1)” insert “or, in the case of an application under subsection (2A), as to the ground mentioned in that subsection”. After subsection (7) insert—
In section 129(1A) of that Act (commencement of winding up), the reference to paragraph 13(1)(e) of Schedule B1 includes a reference to section 157(1)(e) of this Act.
An application under this Schedule is not allowed to be made orally.
In this Schedule— For the purposes of this Schedule, a provision of a property arrangements scheme adversely affects a third party if—
any solid, liquid or gaseous fuel that is neither renewable transport fuel nor fossil fuel;
In addition to its function under section 3, the NDA shall have the function, to the extent that it considers it appropriate to do so, of—
carrying out research into matters relating to the decommissioning of nuclear installations, the cleaning-up of nuclear sites and the other activities in relation to which it has functions;
promoting the carrying out of research by others into those matters;
distributing information about those matters;
educating and training persons about those matters;
giving encouragement and other support to activities that benefit the social or economic life of communities living near designated installations, designated sites or designated facilities or that produce other environmental benefits for such communities.
The NDA shall also have the function, to the extent that it is required to do so by the Secretary of State, of acting on his behalf in relation to agreements to which he is a party and which relate to expenditure incurred, or to be incurred, by him or by others—
on the decommissioning of nuclear installations;
on the cleaning-up of nuclear sites; or
on the treatment, storage, transportation or disposal of hazardous material.
A requirement of the Secretary of State under subsection (2) may require the NDA to meet, in whole or part, the cost of discharging liabilities of his under the agreements in relation to which the NDA acts on his behalf.
The NDA’s functions further include—
to the extent that it is required to do so by the Secretary of State, giving advice to the Secretary of State or to others (whether generally or in relation to a particular installation, site or facility, or particular hazardous material) about any of the things in which the NDA requires an expertise for the purpose of carrying out its functions;
to the extent that it is required to do so by the Scottish Ministers, giving advice to them (whether generally or in relation to a particular installation, site or facility, or particular hazardous material) about any of those things (so far as they concern Scotland); and
giving to the Secretary of State and the Scottish Ministers such further general advice about the things in which the NDA requires an expertise for the purpose of carrying out its functions as it considers appropriate.
The references in subsection (4) to the things in which the NDA requires an expertise for the purpose of carrying out its functions include, in particular—
the operation and decommissioning of nuclear installations;
the cleaning-up of nuclear sites; and
the treatment, storage, transportation and disposal of hazardous material.
It shall be the duty of the NDA to secure that the discharge of its responsibilities under section 3(1) is not adversely affected—
by the doing of anything mentioned in subsection (1); or
by the carrying out of its functions by virtue of subsection (4)(c).
Where— the NDA may charge for the provision of the advice.
the NDA provides advice to the Scottish Ministers in pursuance of a requirement imposed by them under this section, and
the requirement is not one imposed with the agreement of the Secretary of State,
The amount of the charge shall be such sum as may be—
agreed between the NDA and the Scottish Ministers; or
in the absence of agreement, determined by the Secretary of State.
The NDA shall have the function, to the extent that it considers it appropriate to do so, of—
establishing schemes for the payment of pensions, allowances or gratuities to or in respect of one or more different descriptions of relevant employees;
maintaining such schemes (whether or not established by the NDA); and
administering a scheme for the payment of compensation in respect of personal injuries or death caused to relevant employees or to others employed in the nuclear industry.
In this section “relevant employees” means—
employees of the UKAEA;
persons the duties of whose employment with any other person relate (in whole or in part) to activities carried on for purposes connected with the carrying out by the NDA of any of its functions; or
a person employed in the nuclear industry who is of such a description as may be designated for the purposes of this subsection by the Secretary of State.
Before making a designation for the purposes of subsection (2)(c), the Secretary of State must consult the NDA.
It shall be the duty of the NDA, in carrying out its functions, to have particular regard to each of the following—
relevant Government policy;
the need to safeguard the environment;
the need to protect persons from risks to their health and safety from activities involving the use, treatment, storage, transportation or disposal of hazardous material; and
the need to preserve nuclear security.
It shall also be the duty of the NDA, in carrying out its functions—
to promote, and to ensure, the maintenance and development in the United Kingdom of a skilled workforce able to undertake the work of decommissioning nuclear installations and of cleaning up nuclear sites;
to promote effective competition for contracts to provide it with the services it must secure in order to discharge its responsibilities;
to secure the adoption of what it considers to be good practice by the persons with control of designated installations, designated sites and designated facilities; and
subject to subsection (1) and to paragraphs (a) to (c) of this subsection, to secure value for money in all its dealings with others.
In the carrying out of its functions with respect to— the NDA shall have the further duty to act in the manner that it considers is most beneficial to the public.
the operation of the installations and facilities designated as installations or facilities whose operation is to be secured by the NDA, and
the management of designated sites,
In the case of each designated installation, designated site or designated facility, it shall be the duty of the NDA, in carrying out its function by virtue of section 7(1)(e)—
to have regard, in particular, to the extent to which the person with control of the installation, site or facility was doing anything falling within subsection (5) prior to its designation; and
to consider what obligations in relation to the doing of anything falling within that subsection should be imposed on any person with whom the NDA is proposing, in connection with the discharge of any of its responsibilities in relation to the installation, site or facility, to enter into a contract for that person to provide services.
What falls within this subsection is anything that is done for the purpose of giving encouragement and other support to—
activities benefiting the social or economic life of communities living near the installation, site or facility; or
activities producing other environmental benefits for those communities.
Where the NDA is proposing, in connection with the discharge of any of its responsibilities in relation to a designated installation, designated site or designated facility, to enter into a contract with any person for him to provide any services, it shall be the duty of the NDA, before entering into that contract—
to require that person to produce his proposed strategy for the procurement of the goods and services that he will need to procure for the purpose of carrying out his obligations under the contract; and
to consider the likely effect of the implementation of that strategy on the economic life of communities living near the installation, site or facility.
In this section “relevant Government policy” means all current policies which—
relate to the decommissioning of nuclear installations, the cleaning-up of nuclear sites or other activities in relation to which the NDA has functions; and
have been published by or on behalf of Her Majesty’s Government in the United Kingdom or a devolved administration, have been notified to the NDA by the Secretary of State or have been notified both to the NDA and to the Secretary of State by a devolved administration.
In subsection (7) “devolved administration” means the Scottish Ministers, the National Assembly for Wales or a department in Northern Ireland.
In this Chapter “nuclear security” means the security of each of the following—
nuclear installations and nuclear sites;
hazardous material;
apparatus and software used or stored in or on a nuclear installation or nuclear site;
apparatus and software used in connection with the treatment, storage, transportation or disposal of hazardous material;
sensitive nuclear information.
In subsection (9) “sensitive nuclear information” means—
information relating to a treatment of uranium that increases the proportion of the isotope 235 contained in the uranium;
information capable of being used in connection with such a treatment of uranium;
information relating to activities carried out in, on or in relation to— which the NDA has been notified by the Secretary of State is information that needs to be protected in the interests of national security; and
nuclear installations or nuclear sites, or
hazardous material,
information about nuclear security.
The NDA shall have power, for the purpose of carrying out its functions, to do all such things as appear to it to be likely to facilitate the carrying out of its functions, or to be incidental to carrying them out.
The powers of the NDA include, in particular—
power to operate electricity generating stations;
power to apply for and hold nuclear site licences, registrations under section 7 of the 1993 Act and authorisations under sections 13 and 14 of that Act;and environmental permits (within the meaning of the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154)) that relate to radioactive material or radioactive waste (within the meaning of those Regulations); power to apply for and hold authorisations (within the meaning of the Environmental Authorisations (Scotland) Regulations 2018) that relate to radioactive substances activities (within the meaning given in regulation 4 of those Regulations);
power to make grants or loans to persons undertaking activities that benefit the social or economic life of communities living near designated installations, designated sites or designated facilities or that produce other environmental benefits for such communities;
power to make grants or loans to persons carrying out research into matters relating to the decommissioning of nuclear installations, the cleaning-up of nuclear sites or other activities in relation to which the NDA has functions;
power to use its facilities, and facilities on designated sites, for the carrying out of research on behalf of others into any matter whatever;
power to use those facilities for the carrying on of any activities, in addition to such research, that it considers appropriate for generating funds for application towards the carrying out of its functions;
power to delegate to the UKAEA the maintenance of any such scheme as is referred to in section 8(1)(a) and (b);
power itself to do anything that the NDA has a function of securing others to do;
power to enter into contracts for others to secure the things that it has a function of securing;
power to enter into contracts for others to do anything else that it may do for the purpose of, or in connection with, the carrying out of its functions;
power to acquire or establish subsidiaries and to carry out its functions through subsidiaries.
The NDA may impose charges in respect of the things that it does or secures in the discharge of its responsibilities—
on persons with control of installations, sites and facilities in the case of which it does not have a financial responsibility under section 21; and
on other persons for whom it does or secures the doing of anything for which it does not have a financial responsibility under that section.
Charges imposed under subsection (3) must not be imposed except—
in accordance with a direction under section 3; or
with the approval of the Secretary of State.
It shall be the duty of the NDA—
to prepare its strategy for carrying out its functions; and
from time to time to revise that strategy.
On the NDA being given a new responsibility for securing the decommissioning or cleaning-up of an installation or site, it must consider—
whether the objectives and policy already contained in its current strategy apply in the case of that installation or site in a manner that it considers appropriate; and
if it considers that they do not, what revision of its strategy is required.
Schedule 2 (which makes provision about the preparation and revision of the NDA’s strategy, about consultation and about the approval and publication of the strategy) has effect.
The strategy prepared under section 11 must include both—
the NDA’s strategy for decommissioning and cleaning up the installations and sites designated as installations or sites to be decommissioned or cleaned up; and
its strategy for the operation of the installations and facilities designated as installations or facilities whose operation it is to secure.
The strategy must set out—
the priorities the NDA has adopted with respect to the discharge of its responsibilities;
how it proposes to ensure the maintenance and development in the United Kingdom of a skilled workforce able to undertake the work of decommissioning nuclear installations and of cleaning up nuclear sites;
how it proposes to promote effective competition for contracts to provide it with the services it must secure in order to discharge its responsibilities;
its proposals for ensuring the adoption of what it considers to be good practice by the persons with control of designated installations, designated sites and designated facilities;
how it proposes to give encouragement or other support to activities that benefit the social or economic life of communities living near designated installations, designated sites or designated facilities or that produce other environmental benefits for such communities; and
an explanation of how and why it arrived at the decisions and proposals which are set out in the strategy.
The strategy must also set out the steps that the NDA proposes to take—
for giving appropriate publicity to its responsibilities and strategy;
for explaining them both to persons having a particular interest in matters relating to the carrying out by the NDA of its functions and to the general public;
for ensuring that the NDA is kept informed at all times of the opinions about such matters of persons having such a particular interest; and
for facilitating the communication by such persons of their opinions to the NDA.
The strategy required by subsection (1)(a) must contain—
objectives describing what the NDA intends decommissioning or cleaning-up to achieve in the case of different installations and sites; and
the NDA’s policy as to the means by which it intends those objectives to be achieved.
In the case of a site which is to be cleaned up, those objectives must include, in particular, a statement of the condition to which the site needs to be restored.
In setting out its policy as to the means of achieving the objectives mentioned in subsection (4), the NDA must describe—
the procedure it proposes to adopt for ensuring the preparation, and revision from time to time, of plans for the identification and carrying out of the decommissioning or cleaning-up work that is or continues to be needed in the case of each designated installation or designated site;
the manner in which it proposes to secure that the work identified by such plans is carried out in accordance with them;
an outline of the work that has been identified as needed in the case of each designated installation or designated site for which plans have been prepared;
the period over which that work is to be carried out in the case of each installation or site; and
the expenses it expects to incur in respect of the carrying out of the decommissioning and cleaning-up work for which it has a responsibility.
The strategy required by subsection (1)(b) must set out—
the expenditure that the NDA expects to incur on the running costs of installations and facilities whose operation it has a responsibility to secure, and on the management of the sites where they are located;
capital expenditure that the NDA expects to incur in connection with the discharge of its responsibilities in relation to those installations and facilities, and with the management of those sites; and
the income that it considers it is likely to secure from the operation of those installations and facilities and from the management of those sites.
An objective or policy set out in the NDA’s strategy may be framed in one or more of the following ways—
by reference to a particular installation or site;
by reference to different descriptions of installation or site;
so as to become applicable to an installation or site of a particular description on the NDA being given responsibility for an installation or site of that description.
In this section references, in relation to the preparation of a strategy, to a site, installation or facility designated for any purpose include references to a site, installation or facility designated by a direction which is not yet in force.
The NDA must, for each financial year, prepare a plan—
for the carrying out, during that year, of work towards decommissioning the installations designated as installations to be decommissioned;
for the carrying out, during that year, of work towards cleaning up the sites designated as sites to be cleaned up;
for the operation, during that year, of the installations and facilities designated as installations or facilities whose operation is to be secured by the NDA; and
for the carrying out during that year of its other functions.
The plan must be prepared and, not less than three months before the commencement of the financial year to which it relates, submitted for approval—
in a case where it contains anything relating to responsibilities of the NDA falling within section 6(2), to the Secretary of State and the Scottish Ministers; and
in any other case, to the Secretary of State.
The plan for a financial year, so far as it relates to decommissioning and cleaning-up, must set out—
a summary of the decommissioning and cleaning-up work which the NDA is intending should be carried out during that year;
the arrangements that have been made, or are to be made, for securing that agreements for the carrying out of that work are entered into;
the agreements (if any) that have already been entered into for that purpose or under which that work is to be carried out;
an estimate of the expenditure that will be incurred by the NDA during that year in respect of decommissioning or cleaning-up work carried out during that year or previously or in respect of decommissioning and cleaning-up work to be carried out in subsequent years;
any proposals to which it intends to give effect during that year that relate to, or will affect, the management of installations or sites designated as installations or sites to be decommissioned or cleaned up; and
the extent to which its plans for the year contribute to the achievement of the objectives set out in its strategy.
The plan for a financial year, so far as it relates to the operation of installations and facilities, must set out—
an estimate of the expenditure that will be incurred during that year on the running costs of the installations and facilities and on the management of the sites where they are located;
an estimate of the capital expenditure that will be incurred during that year in connection with the discharge of the NDA’s responsibilities in relation to those installations and facilities and with the management of those sites;
an estimate of the income it is likely to secure during that year from the operation of the installations and facilities and from the management of those sites; and
any proposals to which the NDA intends to give effect during that year that relate to or will affect the operation of the installations or facilities, or the management of the sites where they are located.
The plan for a financial year, so far as it relates to the NDA’s other functions, must—
set out all the activities of significance that the NDA proposes to carry on during that year in the carrying out of those other functions; and
an estimate of the expenditure that will be incurred in the carrying out of those other functions.
The plan for a financial year must also set out any other matters that the Secretary of State directs the NDA to include in its plan for that year.
In this section references, in relation to the preparation of a plan for a financial year, to a site, installation or facility designated for any purpose include references to a site, installation or facility designated by a direction which—
is not yet in force; but
is to come into force during that financial year.
Schedule 3 (which makes provision about consultation and about the approval and publication of the NDA’s annual plan) has effect.
As soon as reasonably practicable after the end of each financial year, the NDA must prepare and send to the Secretary of State a report on—
the discharge of its responsibilities during that year; and
the carrying out of its other functions.
If during the year to which the report relates the NDA has had responsibilities which— it must also send a copy of that report to the Scottish Ministers.
fall within subsection (2) of section 6, or
are mentioned in subsection (3) of that section,
The report must contain—
a description of what has been done, during the year to which it relates, towards achieving the NDA’s objectives, as set out in the approved strategy in force during that year;
a general description of the work carried out during that year for the purpose of decommissioning the installations designated as installations to be decommissioned;
a general description of the work carried out during that year for the purpose of cleaning up the sites designated as sites to be cleaned up;
a report on every change occurring during that year in the identity of persons with control of designated installations, designated sites and designated facilities;
a report of every significant change during that year to the contractual arrangements of the NDA that are in force with respect to the carrying out (whether or not during that year) of decommissioning or cleaning-up work;
a report on the extent to which the NDA has implemented its plan for that year;
a report of the NDA’s dealings during that year with the Office for Nuclear Regulation, the Health and Safety Executive, the Environment Agency, the Natural Resources Body for Wales and the Scottish Environment Protection Agency;
a report containing an assessment of the performance in relation to safety and environmental matters of the persons (other than the NDA itself) who have control of designated installations, designated sites and designated facilities;
a report of the NDA’s dealings during that year with such persons with responsibilities in relation to nuclear security as have been nominated for the purposes of this subsection by the Secretary of State; and
any other matters which the NDA is directed by the Secretary of State to include in that report.
Before giving a direction for the purposes of subsection (3)(j) the Secretary of State must consult the Scottish Ministers.
The report must deal separately with—
activities relating to the decommissioning of installations or the cleaning-up of sites; and
the NDA’s other activities.
The Secretary of State must lay a copy of every report received by him under this section before Parliament.
The Secretary of State must also arrange for a copy of the report to be published in the manner which, in his opinion, is most appropriate for bringing it to the attention of persons likely to be affected by it.
The Scottish Ministers must lay a copy of every report received by them under this section before the Scottish Parliament.
The Secretary of State may exclude— anything falling within subsection (10).
from what he lays before Parliament or arranges to be published under this section, and
from what is to be laid before the Scottish Parliament by the Scottish Ministers,
The following falls within this subsection—
anything the publication of which the Secretary of State considers to be against the interests of national security;
anything relating to the private affairs of an individual the publication of which the Secretary of State considers would seriously and prejudicially affect the interests of that individual; and
anything of a commercial nature relating specifically to the affairs of a particular body of persons the publication of which the Secretary of State considers would seriously and prejudicially affect the interests of that body.
This section applies where the NDA has a responsibility for securing the decommissioning of an installation or the cleaning-up of a site.
It shall be the duty of the NDA to take all such steps as it considers appropriate—
for securing the implementation in the case of that installation or site of the NDA’s approved strategy for decommissioning and cleaning-up;
for the achievement of the objectives set out in that strategy that are applicable to that installation or site; and
for giving effect in each financial year to its approved plan for that year, so far as it relates to the decommissioning of that installation or the cleaning-up of that site.
In the case of a designated site which is a contaminated site, that duty has effect subject to such general and specific directions relating to the manner in which the NDA is to discharge its responsibilities in relation to that site as may be given to it—
in the case of a site in Scotland, by the Secretary of State and the Scottish Ministers, acting jointly; and
in any other case, by the Secretary of State.
The NDA must comply with all such directions.
This section applies where the NDA has a responsibility for securing—
the operation of a nuclear installation;
the operation of a facility for treating, storing, transporting or disposing of hazardous material;
the operation of any other facility;
the treatment, storage, transportation or disposal, in designated circumstances, of hazardous material; or
the management of any land not comprised in a site designated as a site to be cleaned up.
That responsibility is an obligation to secure that— in accordance with general and specific directions.
the installation or facility is operated,
the hazardous material is treated, stored, transported or disposed of, or
the land is managed,
The power to give directions under subsection (2) is exercisable—
in relation to any matter connected with responsibilities of the NDA falling within section 6(2), by the Secretary of State and the Scottish Ministers, acting jointly; and
in relation to any other matter, by the Secretary of State.
In discharging that responsibility the NDA must also act—
in accordance with the NDA’s approved strategy for the operation of designated installations and designated facilities; and
in each financial year, in accordance with the NDA’s approved plan for that year.
This section applies—
in the case of every designated nuclear installation and every designated installation comprised in an NDA facility;
in the case of every designated site which is a principal nuclear site; and
in the case of every designated facility situated in or on a principal nuclear site.
The person with control of the installation, site or facility must secure that neither the installation, site or facility nor any interest or right in relation to it is used or disposed of except for purposes which—
facilitate the discharge of the NDA’s responsibilities in relation to designated installations, designated sites and designated facilities; and
secure that there is no contravention, in relation to the discharge of those responsibilities, of any obligations imposed by or under any enactment on the person with control of the installation, site or facility.
Subsection (2) does not prevent the use or disposal of an installation, site or facility where the NDA has consented to that use or disposal.
Where the NDA has an interest in the installation, site or facility, the person with control of it shall have the right, as against the NDA, to use it for the purposes authorised by subsection (2) and to put it to any use to which the NDA has consented.
Except— that person must account for, and pay, to the NDA all sums and other benefits received by him in respect of the use or disposal by him of an interest or right in relation to the installation, site or facility.
where the NDA otherwise directs, or
where the person with control of the installation, site or facility is, has been or will be subject to charges by the NDA in respect of the discharge of its responsibilities in relation to that installation, site or facility,
A reference in this section to facilitating the discharge of the NDA’s responsibilities in relation to an installation, site or facility includes a reference to doing anything which is required or authorised by or for the purposes of—
an agreement between the NDA and the person with control of the installation, site or facility; or
an agreement between the NDA and a body corporate of which that person is a subsidiary.
Nothing in subsection (5) prohibits the inclusion in such an agreement of provision for sums and benefits mentioned in that subsection to be accounted for and paid to the NDA in a case falling within paragraph (b) of that subsection.
A reference in this section to an interest or right in relation to an installation or site includes a reference to any interest or right in relation to—
anything located in or on the installation or site;
a facility operated from the installation or site;
a process carried on in or on the installation or site; or
information or documents relating to the installation or site or to anything mentioned in paragraphs (a) to (c).
References in this section to the disposal of an interest in a site include references to— and references to sums received in respect of such a disposal include references to sums that are paid periodically (by way of rent or otherwise) by a tenant or licensee or by a party to such an agreement.
the granting of an estate or interest in the site, or of a licence to use it; or
entering into an agreement to grant such an estate, interest or licence;
This section applies in every case where one of the following is designated—
a nuclear installation or an installation comprised in an NDA facility;
a principal nuclear site; or
a facility situated in or on a principal nuclear site.
It shall be the duty of the person with control of the installation, site or facility—
to prepare such plans for the decommissioning or operation of the installation, for the cleaning-up or management of the site or for the operation of the facility as the NDA may direct;
to prepare such plans for the cleaning-up of any related sites as the NDA may direct;
to submit his plans to the NDA for approval;
to comply with all such further directions falling within subsection (3) as the NDA may give him from time to time with respect to the installation, site or facility; and
to comply with such directions as the NDA may give him for the purpose of securing or facilitating the discharge by the NDA of such of its responsibilities by virtue of section 3(1)(e) or 4(1), (2) or (4) or any direction under section 16(2) as—
were conferred on it by reference to the site, installation or facility; or
fall to be discharged in relation to it, or to anything in or on it.
The directions that may be given by the NDA are—
directions (in the case of an installation or site) requiring the carrying out, pending the preparation and approval of plans required by the NDA, of specified decommissioning or cleaning-up work in or on the installation or site or related sites;
directions requiring the installation, site or facility to be operated or managed, pending the preparation and approval of such plans, in the specified manner;
directions to modify in the specified manner, and to resubmit, a plan submitted to the NDA for approval, or approved by it, under this section;
directions (in the case of an installation or site) requiring the carrying out, pending the preparation and approval of modifications of a plan, of specified decommissioning or cleaning-up work in or on the installation or site or related sites;
directions requiring the implementation of a plan that the NDA has approved;
directions requiring specified transactions to be entered into, and other specified steps to be taken, for the purposes of or in connection with the implementation of such a plan;
directions requiring the provision to the NDA of all the information that it requires in order—
to discharge its responsibilities in relation to the installation, site or facility and in relation to related sites; or
to enter into an agreement for the purpose of discharging those responsibilities.
It shall be the duty of the person holding the majority of the voting rights in a company with control of the installation, site or facility to comply with such directions as may be given to it by the NDA for the purpose of securing that the company with control of the installation, site or facility complies with its obligations under this section.
Directions must not be given by the NDA under this section except for the purpose—
of giving effect to its plan under section 13 for a particular financial year; or
of otherwise giving effect to its strategy under section 11 or achieving the objectives set out in that strategy.
A person required to prepare plans for the purposes of this section must comply with the directions of the NDA as to— he must consult before preparing the plans, or before submitting them to the NDA for approval.
the persons with whom, and
the manner in which,
A direction under this section cannot authorise a contravention in relation to an installation, site or facility of any obligation to which the person with control of it is subject by or under an enactment.
In this section “related site”, in relation to a designated installation, designated site or designated facility, means a site the designation of which specifies, in accordance with section 19, that it is to be treated, by reference to that installation, site or facility, as a related site for the purposes of this section.
A direction designating a contaminated site—
may specify that the site is to be treated for the purposes of section 18 as a related site; and
if it does so, must specify the installation, site or facility by reference to which the Secretary of State is satisfied as mentioned in subsection (2)(a).
A direction must not specify that a site is to be treated as a related site unless—
the Secretary of State is satisfied that it has become contaminated (whether radioactively or chemically) as a result of nuclear activities in or on a particular installation, site or facility;
that installation, site or facility was at the time of the contamination, or subsequently became, a nuclear installation, a principal nuclear site or an NDA facility;
the installation, site or facility is also designated (whether by that direction or as a consequence of a previous direction); and
the person with control of that installation, site or facility—
is a Crown appointee, the UKAEA, a publicly owned company or the NDA itself; or
has consented to the specification of the installation, site or facility for the purposes of subsection (1)(b).
On the giving by the Secretary of State of a direction specifying that a site is to be treated as a related site, he must send a copy of the direction to every person with control of an installation, site or facility by reference to which it is to be so treated.
For the purposes of this section something is contaminated as a result of nuclear activities in or on a particular installation, site or facility if the contamination (whenever occurring), or any of it, is the direct or indirect result of one or more of the following—
activities carried on in or on that installation, site or facility;
the storage or disposal of any matter or substance in or on that installation, site or facility;
an incident occurring in or on that installation, site or facility;
the discharge of anything from that installation, site or facility;
the transportation of hazardous material to or from that installation, site or facility;
an incident affecting hazardous material being transported to or from that installation, site or facility.
The duty of a person to whom a direction is given under section 18 to comply with that direction is a duty owed to the NDA, and to no one else.
That duty is to be enforceable by the NDA in civil proceedings—
for an injunction or interdict;
for specific performance of a statutory duty under section 45 of the Court of Session Act 1988 (c. 36); or
for any other appropriate remedy or relief.
That duty is subject to the obligation of the NDA to discharge its financial responsibilities under section 21.
A person with control of an installation, site or facility is not to be subject to that duty to the extent that he is relieved of it by the provisions of an agreement—
between the NDA and that person; or
between the NDA and a body corporate of which that person is a subsidiary.
The Secretary of State may by order provide, in the case of an installation, site or facility the person with control of which is a Crown appointee, that the Crown appointee is not to be subject, to the extent specified in the order, to the duty to comply with directions under section 18.
An order for the purposes of subsection (5) is subject to the negative resolution procedure.
The NDA’s responsibility for securing— includes the financial responsibility for the decommissioning or operation of the installation or facility, or for the cleaning-up.
the decommissioning or operation of an installation or facility to which this section applies, or
the cleaning-up of a site to which this section applies, or of a related site,
This section applies to an installation, site or facility which becomes a designated installation, site or facility at a time when the person with control of it is—
a Crown appointee;
the UKAEA;
a wholly-owned subsidiary of the UKAEA;
any other publicly owned company which was so owned on 4th July 2002; or
a wholly-owned subsidiary of such a company.
Where— that other person is not to be, or to be capable of becoming, liable to meet any of the costs of doing the things that are required to be secured by the NDA in the discharge of its responsibilities in relation to that installation, site or facility.
the NDA has financial responsibility for decommissioning, operating or cleaning up an installation, site or facility, and
a person other than the NDA is the person with control of it,
Accordingly, where the NDA has the financial responsibility in the case of an installation, site or facility—
it must not impose charges on the person with control of the installation, site or facility in respect of anything mentioned in subsection (3);
it must meet the costs of the doing by that person of anything that he is authorised or required to do by virtue of section 17;
it must also meet the costs of the performance by him of his duty to comply with directions under section 18; and
that person is not to be required for any purpose to make, or to continue to make, financial provision for meeting costs which fall, by virtue of its financial responsibility, to be met by the NDA.
Nothing in so much of this section as— is to be construed as restricting the extent to which the person with control of the installation, site or facility may be or become subject, in relation to a person other than the NDA, to the liability or obligation in respect of which the costs arise.
restricts the extent to which a person is, or may become, liable to meet any costs in relation to a site, installation or facility, or
requires any costs in relation to an installation, site or facility to be reimbursed or otherwise met by the NDA,
It shall be the duty of the NDA for the purpose of discharging its financial responsibilities to make all such arrangements as it thinks fit for securing that the person with control of the installation, site or facility is able to meet, as they become due, all his liabilities to persons other than the NDA in respect of matters for which the NDA has financial responsibility or that those liabilities are otherwise discharged.
It shall also be the duty of the NDA to make all such arrangements as it thinks fit for securing that amounts paid under this section to that person include such sums (if any) as the NDA considers it appropriate to pay by way of incentives to that person to discharge his duty to comply with directions under section 18 in the manner that the NDA thinks most effective.
The NDA is to be taken to have discharged its responsibility for meeting costs under this section if it is satisfied that those costs—
have been met by another person directly or indirectly out of money provided by Parliament; or
are to be so met.
The preceding provisions of this section have effect in relation to an installation, site or facility subject to the terms of—
any agreement between the NDA and the person with control of the installation, site or facility; or
any agreement between the NDA and a body corporate of which that person is a subsidiary.
The NDA’s financial responsibilities under this section are in addition to its financial responsibilities apart from this section.
In this section “related site” has the same meaning as in section 18.
The Secretary of State may make grants to the NDA.
Grants made under this section are to be on such terms as the Secretary of State may determine.
The NDA must pay to the Secretary of State all sums received by it otherwise than under subsection (1).
The Secretary of State must pay sums received by him under subsection (3) into the Consolidated Fund.
In determining— the Secretary of State must have regard, in particular, to the extent to which he considers that the NDA should exercise its power to make grants or loans of the kind mentioned in section 10(2)(c) in order to mitigate the effects of the cessation (whether before or after designation) of the operation of a designated installation.
whether to make a grant under this section to the NDA, and
the amount of such a grant,
The NDA has no power to borrow money except in accordance with this section.
The NDA may borrow from the Secretary of State, and the Secretary of State may lend to the NDA, sums in sterling that it requires for or in connection with the carrying out of its functions.
Where a loan is made to the NDA by the Secretary of State— and nothing in section 22(3) requires the repayment of sums received by way of such a loan otherwise than in accordance with a determination under this subsection.
the loan must be repaid to him at such times and by such methods as he may determine; and
interest on the loan must be paid to him at such rates and at such times as he may determine;
The NDA may also borrow temporarily (by overdraft or otherwise) from persons other than the Secretary of State sums in sterling that it requires for or in connection with the carrying out of its functions.
The consent of the Secretary of State is required for borrowing under subsection (4).
The approval of the Treasury is required—
for a loan to the NDA by the Secretary of State;
for a determination by the Secretary of State under subsection (3); and
for a consent by the Secretary of State to any borrowing under subsection (4).
The powers conferred by this section are subject to section 24.
The NDA may not borrow if the effect would be—
to take the aggregate amount mentioned in subsection (2) over its borrowing limit; or
to increase the amount by which the aggregate amount so outstanding exceeds that limit.
That amount is the aggregate of—
amounts outstanding from the NDA in respect of the principal of sums borrowed by the NDA; and
the amount of every outstanding liability of the NDA that is a liability to which it is subject by virtue of a nuclear transfer scheme and is a liability in respect of the principal of a sum borrowed by another person before the transfer took effect.
The NDA’s borrowing limit is £2,000 million.
The Secretary of State may by order increase the NDA’s borrowing limit.
An order under subsection (4) shall not be made unless a draft of the order has been—
laid before Parliament; and
approved by a resolution of the House of Commons.
The reference in this section to a nuclear transfer scheme includes a reference to a modification agreement (within the meaning of Schedule 5) in relation to such a scheme.
The Secretary of State may guarantee—
the repayment of the principal of any sum borrowed by the NDA from a person other than the Secretary of State;
the payment of interest on such a sum; and
the discharge of any other financial obligation of the NDA in connection with the borrowing of such a sum.
The Secretary of State may give a guarantee under this section in such manner, and on such terms, as he thinks fit.
As soon as practicable after giving a guarantee under this section, the Secretary of State must lay a statement of the guarantee before Parliament.
If sums are paid out by the Secretary of State under a guarantee given under this section, the NDA must pay him—
such amounts in or towards the repayment to him of those sums as he may direct; and
interest, at such rates as he may direct, on amounts outstanding under this subsection.
Payments to the Secretary of State under subsection (4) must be made at such times, and in such manner, as he may from time to time direct.
Where a sum has been paid out by the Secretary of State under a guarantee given under this section, he must lay a statement relating to that sum before Parliament—
as soon as practicable after the end of the financial year in which that sum is paid out; and
as soon as practicable after the end of each subsequent relevant financial year.
In relation to a sum paid out under a guarantee, a financial year is a relevant financial year for the purposes of subsection (6) unless—
before the beginning of that year, the whole of that sum has been repaid to the Secretary of State under subsection (4); and
the NDA is not at any time during that year subject to a liability to pay interest on amounts that became due under that subsection in respect of that sum.
The approval of the Treasury is required—
for the giving of a guarantee under this section; and
for the giving by the Secretary of State of a direction under subsection (4) or (5).
The Secretary of State must pay sums received by him by virtue of subsection (4) into the Consolidated Fund.
The NDA must—
keep proper accounts and proper accounting records; and
in respect of each of its accounting years, prepare a statement of its accounts.
A statement of accounts prepared under this section must give a true and fair view of—
the income and expenditure of the NDA for the accounting year in question; and
its state of affairs.
Such a statement of accounts must comply with every requirement which has been notified by the Secretary of State to the NDA.
Those requirements may include, in particular, requirements relating to—
the information to be contained in the statement;
the manner in which that information is to be presented; or
the methods and principles according to which the statement is to be prepared.
The approval of the Treasury is required for the imposition of a requirement under subsection (3).
The accounts of the NDA relating to each of its accounting years, including the statement of accounts prepared for the year under this section, must be audited by the Comptroller and Auditor General.
The Comptroller and Auditor General must send a copy of his report on what is audited to the NDA.
The NDA must send to the Secretary of State and to the Scottish Ministers, in respect of each of its accounting years—
a copy of the accounts for that year that are required to be audited under this section; and
a copy of the Comptroller and Auditor General’s report on those accounts.
The NDA must comply with any directions given to it by the Secretary of State about the times by which it must have complied with its obligations under subsections (1)(b), (6) and (8).
The Secretary of State must lay a copy of whatever is sent to him under subsection (8) before Parliament.
The Scottish Ministers must lay a copy of whatever is sent to them under subsection (8) before the Scottish Parliament.
In this section—
“the Paris Convention” means the Paris Convention on Third Party Liability in the Field of Nuclear Energy of 29th July 1960.
“control”, in relation to an installation, site or facility, is to be construed in accordance with section 36(3);
A property arrangements scheme shall, by virtue of this paragraph, have effect according to its terms.
The 1989 Act is amended as follows.
In Schedule 6 to the Land Drainage Act 1991 (protective provisions), in paragraph 1(1) (undertakings protected), in paragraph (f), for “transmit or supply” substitute “supply or participate in the transmission of”.
The modifications set out in this Part of this Schedule to the provisions of Schedule B1 to the 1986 Act specified in paragraph 2 apply where those provisions have effect by virtue of Part 1 of this Schedule.
A transaction of any description effected by or under a property arrangements scheme shall have effect subject to the provisions of any enactment which provides for transactions of that description to be registered in any statutory register. Subject to sub-paragraph (1), a transaction of any description effected by or under a property arrangements scheme shall be binding on all persons, notwithstanding that it would, apart from this provision, have required the consent or concurrence of any person.
In section 3A(5)(a), for “transmit, distribute or supply” substitute “distribute, supply or participate in the transmission of”.
In section 6 (licences authorising supply etc.), for subsection (7) substitute—
In section 6A (procedure for licence applications), in subsection (1) (applications to which the section applies), for paragraph (b) substitute—
Section 6B (applications for transmission licence) is amended as follows. For subsection (2) substitute— In subsection (5)(c) (under which there is a duty to give notice of the proposed grant of an application to the holder of a transmission licence whose authorised area is affected by the area to which the application relates), for the words from “authorised area” to “area” substitute “interests may be affected by the grant of the licence”.
Section 9 (general duties of licence holders) is amended as follows. In subsection (2) (duties of transmission licence holder), for “transmit” substitute “participate in the transmission of”. After that subsection insert—
Section 10 (powers of licence holders) is amended as follows. In subsection (1)(a) (which applies Schedules 3 and 4 to a person authorised by a licence to transmit electricity), for the words from “a person” to “electricity” substitute “the holder of a transmission licence”. For subsection (4) substitute—
In section 29 (regulations relating to supply and safety), in subsection (2)(c) (power to require persons to keep maps etc.), for “transmit” substitute “participate in the transmission of”.
In section 30 (electrical inspectors), in subsection (2)(a) (duty to inspect and test equipment belonging to certain persons), for “transmit or distribute” substitute “distribute or participate in the transmission of”.
Section 35 (which supplements section 34 about fuel stocks at generating stations) is amended as follows. In subsection (1) (power to require information from any person authorised by a licence to transmit electricity), for “any person authorised by a licence to transmit electricity” substitute “the holder of a transmission licence”. For subsection (2) substitute— In subsection (3), for the words from “and”, in the second place where it occurs, to the end substitute “and a person subject to a direction under subsection (2) above shall give effect to it notwithstanding any other duty imposed on him by or under this Part.”
In section 43B (supplementary provision about orders under section 43A), in subsection (7) (definition of “authorised transmitter”), for “transmit” substitute “participate in the transmission of”.
In section 58 (directions restricting the use of certain information)—
in subsection (1), for “any person who is authorised by a licence to transmit electricity” substitute “the holder of a transmission licence”, and
in subsection (2), for “transmit or supply” substitute “supply or participate in the transmission of”.
Section 64 (interpretation of Part 1) is amended as follows. “transmission”, in relation to electricity, has the meaning given by section 4(4) above; “transmission system” has the same meaning given by section 4(4) above; Before subsection (2) insert—
In Schedule 9 (preservation of amenity and fisheries), in paragraphs 1(1) and 3(1), for “transmit, distribute or supply” substitute “distribute, supply or participate in the transmission of”.
“distribution system” and “transmission system” have the same meanings as in Part 1 of the 1989 Act;
The NDA may pay— such remuneration and allowances as the Secretary of State may determine. The NDA may pay, or make provision for paying— such sums by way of pensions, allowances or gratuities as the Secretary of State may determine. Where— the NDA may make a payment to him of such amount as the Secretary of State may determine.
The NDA— The employees of the NDA who are not its members are to be employed on such terms and conditions, including terms and conditions as to remuneration, as it determines. The NDA may, in the case of any of its employees who are not its members— as it determines. If an employee of the NDA— he may, if the Secretary of State so determines, be treated for the purposes of the pension scheme as if his service as a member were service as an employee of the NDA.
Anything that is authorised or required by or under an enactment to be done by the NDA may be done on its behalf— The NDA must not make arrangements for the final decision on any of the following to be made by a committee or by a member of the NDA or of its staff—
Authentication of the application of the NDA’s seal is to be by the signature of— A document purporting to be— may be received in evidence and, except so far as the contrary is shown, is to be taken to be duly so executed or signed. This paragraph does not extend to Scotland.
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (bodies of which all members are disqualified), at the appropriate place, insert— “ The Nuclear Decommissioning Authority. ”; and a corresponding amendment shall be made in Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25).
In this Schedule “chairman”, “chief executive”, “executive member” and “non-executive member” mean, respectively, chairman, chief executive, executive member and non-executive member of the NDA.
A nuclear transfer scheme may contain provision— A nuclear transfer scheme may contain provision for the creation of rights and liabilities for the purpose of converting arrangements between different parts of a transferor’s undertaking which exist immediately before the coming into force of the scheme into a contract between different transferees or between a transferee and a transferor. A nuclear transfer scheme may contain provision— A nuclear transfer scheme may contain provision for interests, rights or liabilities of third parties in relation to anything to which the scheme relates to be modified in the manner set out in the scheme. In sub-paragraph (4) “third party”, in relation to a nuclear transfer scheme, means a person other than the transferor or the transferee. Paragraph 2(2) and (3) applies to the creation of interests and rights in accordance with a nuclear transfer scheme as it applies to the transfer of interests and rights.
A nuclear transfer scheme may make incidental, supplemental, consequential and transitional provision in connection with the transfers to be made in accordance with the scheme. Such provision may include different provision for different cases or different purposes. In particular, a nuclear transfer scheme may make provision, in relation to transfers in accordance with the scheme— Sub-paragraph (3)(c) does not apply to references in an enactment or in subordinate legislation. A nuclear transfer scheme may make provision for disputes as to the effect of the scheme— to be referred to such arbitration as may be specified in or determined under the scheme. Where a person is entitled, in consequence of a nuclear transfer scheme, to possession of a document relating in part to the title to land or other property in England and Wales, or to the management of such land or other property— Where a person is entitled, in consequence of a nuclear transfer scheme, to possession of a document relating in part to the title to land or other property in Scotland or to the management of such land or other property, subsections (1) and (2) of section 16 of the Land Registration (Scotland) Act 1979 (c. 33) (omission of certain clauses in deeds) shall have effect in relation to the transfer— In this paragraph references to a transfer in accordance with a nuclear transfer scheme include references to the creation in accordance with such a scheme of an interest, right or liability.
This paragraph applies in the case of a nuclear transfer scheme where a transferee agrees in writing— that provision falling within sub-paragraph (2) be made for the purpose of modifying the effect of the scheme or (as the case may be) the effect of either or both of the schemes. That provision is provision that— be transferred from one party to the agreement to the other as from a date appointed by the agreement. If— the transfer for which the agreement provides shall take effect on the date appointed by the agreement as if it were a transfer in accordance with a nuclear transfer scheme. Subject to the approval of the Secretary of State and to sub-paragraph (5), the provisions that may be contained in a modification agreement include any provision in relation to a transfer for which it provides as is capable of being contained in a nuclear transfer scheme in relation to a transfer for which the scheme provides. Nothing in a modification agreement is to provide for interests, rights or liabilities to be created, as opposed to transferred, except as between persons who are parties to the agreement. Before— the Secretary of State must consult the NDA. The consent of the Treasury is required for the giving of an approval by the Secretary of State for the purposes of this paragraph. In this paragraph references to a transfer in accordance with a nuclear transfer scheme include references to the creation of an interest, right or liability in accordance with such a scheme.
If the Secretary of State is satisfied in the case of a recovery scheme that it is just to do so he may— No compensation shall be payable under this paragraph to the relevant contractor. Where compensation is paid under this paragraph and the Secretary of State so directs, so much of the compensation as may be specified in the direction may be recovered by him or (as the case may be) by the NDA from the relevant contractor. The amount of any compensation under this paragraph shall be determined by the Secretary of State. A dispute as to— shall be referred to and determined by the person mentioned in sub-paragraph (6). That person is— This paragraph shall have effect in relation to— as it has effect in relation to the scheme.
The Secretary of State may direct the UKAEA to make such modifications of a UKAEA pension scheme for the purpose of giving effect to paragraph 4 as may be specified in the direction. He may also direct the UKAEA to make such modifications as may be so specified for either or both of the following purposes— A person falls within this sub-paragraph if, immediately before becoming a director or other officer of the company in question, he—
Where employees, or directors or other officers, of a relevant public sector employer to whom employees are transferred in accordance with a nuclear transfer scheme or transfer arrangements participate in a UKAEA pension scheme by virtue of paragraph 4 or 5, the employer must pay to the UKAEA such amounts in respect of that participation as are—
agreed between the relevant public sector employer and the UKAEA; or
in the absence of such agreement, determined in relation to that employer by the Secretary of State.
The Secretary of State may give directions to the Police Authority as to the government, administration and conditions of service of the Constabulary and its members. The provision that may be required by directions under this paragraph, and that is to be capable of being made in pursuance of any such directions, includes any provision that may be made in relation to police forces under section 50 of the Police Act 1996 (c. 16) (police force regulations). If a direction under this paragraph relates to a matter which is the subject of regulations under section 50 of the Police Act 1996, the direction may differ from those regulations only so far as necessary to take account of differences relating to the structure and circumstances of the Constabulary. Before giving a direction under this paragraph, the Secretary of State must consult—
Section 12 of the Police (Scotland) Act 1967 (c. 77) (collaboration agreements) is amended as follows. After subsection (6) insert— In subsection (7) after “British Transport Police Force” insert “or the Civil Nuclear Constabulary”.
In section 2 of the Ministry of Defence Police Act 1987 (c. 4) (jurisdiction of Ministry of Defence Police)— In section 2A(4) of that Act (provision of assistance to other forces)— In section 2B(3) of that Act (constables serving with other forces)—
In section 46(3) of the Regulation of Investigatory Powers Act 2000 (c. 23) (persons in relation to whom authorisations may apply to any place in the United Kingdom), after paragraph (d) insert—. In Part 1 of Schedule 1 to that Act (relevant authorities for the purposes of sections 28 and 29), for paragraph 1A substitute—
In section 82 of the Police Reform Act 2002 (c. 30) (nationality requirements applicable to police officers)—
for subsection (1)(e) substitute—;
in subsection (3)(e), for “United Kingdom Atomic Energy Authority Constabulary” substitute “Civil Nuclear Constabulary”.
In Schedule 4 to the Water (Scotland) Act 1980 (provisions to be incorporated in orders relating to statutory undertakers), in paragraph (b) of the proviso to section 36, for “transmit” substitute “participate in the transmission of”.
In this Schedule “energy administrator”, in relation to a company, means a person appointed by the court for the purposes of an energy administration order to manage the company’s affairs, business and property. In sub-paragraph (2) of that paragraph, for “Act” substitute “Schedule”.
In paragraph 40 (dismissal of pending winding-up petition), omit sub-paragraphs (1)(b), (2) and (3).
In paragraph 42 (moratorium on insolvency proceedings), omit sub-paragraphs (4) and (5).
In paragraph 44 (interim moratorium), omit sub-paragraphs (2) to (4), (6) and (7)(a) to (c).
In paragraph 46(6) (date for notifying administrator’s appointment), for paragraphs (a) to (c) substitute “the date on which the energy administration order comes into force”.
In sub-paragraph (2)(b) of paragraph 49 (administrator’s proposals) for “objective mentioned in paragraph 3(1)(a) or (b) cannot be achieved” substitute “objective of the energy administration should be achieved by means other than just a rescue of the company as a going concern”. After sub-paragraph (4)(a) of that paragraph insert—.
For paragraph 54 (revision of administrator’s proposals) substitute—
The energy administrator of a company has the power to act on behalf of the company for the purposes of any enactment or subordinate legislation which confers a power on the company, or imposes a duty on it. In sub-paragraph (2) “enactment” has the same meaning as in the Energy Act 2004.
for achieving the objective of the energy administration. For sub-paragraph (3)(a) to (d) of that paragraph substitute “the directions are consistent with the achievement of the objective of the energy administration”.
In paragraphs 71(3)(b) and 72(3)(b) (handling of secured property), for “market” substitute “the appropriate”.
In paragraph 73(3) (which contains a reference to the administrator’s proposals), for “or modified” substitute “under paragraph 54”.
Where a company is in energy administration, a person mentioned in sub-paragraph (2A) may apply to the court claiming that the energy administrator is conducting himself in a manner preventing the achievement of the objective of the energy administration as quickly and efficiently as is reasonably practicable. The persons who may apply to the court under sub-paragraph (2) are— In sub-paragraph (6) of that paragraph, for paragraphs (a) to (c) substitute— In the case of a claim made otherwise than by the Secretary of State or GEMA, the court may grant a remedy or relief or make an order under this paragraph only if it has given the Secretary of State or GEMA a reasonable opportunity of making representations about the claim and the proposed remedy, relief or order. The court may grant a remedy or relief or make an order on an application under this paragraph only if it is satisfied, in relation to the matters that are the subject of the application, that the energy administrator— in a way that is inconsistent with the achievement of the objective of the energy administration as quickly and as efficiently as is reasonably practicable. Before the making of an order of the kind mentioned in sub-paragraph (4)(d)— and that period must be a reasonable period. In the case of a claim under sub-paragraph (1)(a), the steps referred to in sub-paragraph (9) are— In the case of a claim under sub-paragraph (1)(b), the steps referred to in sub-paragraph (9) are steps for ensuring that the interests to which the claim relates are not unfairly harmed. In the case of a claim under sub-paragraph (2), the steps referred to in sub-paragraph (9) are—
In paragraph 75(2) (misfeasance), after paragraph (b) insert—.
On an application made by a person mentioned in sub-paragraph (2), the court may provide for the appointment of an energy administrator of a company to cease to have effect from a specified time. An application may be made to the court under this paragraph— Omit sub-paragraph (3) of that paragraph.
In paragraph 83(3) (notice to registrar when moving to voluntary liquidation), after “may” insert “, with the consent of the Secretary of State or of GEMA,”.
In paragraph 84 (notice to registrar when moving to dissolution), in sub-paragraph (1), for “to the registrar of companies” substitute— Omit sub-paragraph (2) of that paragraph. In sub-paragraphs (3) to (6) of that paragraph, for “(1)”, wherever occurring, substitute “(1)(b)”.
In paragraph 87 (resignation of administrator), for sub-paragraph (2)(a) to (d) substitute “by notice in writing to the court”.
In paragraph 89 (administrator ceasing to be qualified), for sub-paragraph (2)(a) to (d) substitute “to the court”.
In paragraph 90 (filling vacancy in office of administrator), for “Paragraphs 91 to 95 apply” substitute “Paragraph 91 applies”.
The court may replace the energy administrator on an application made— Omit sub-paragraph (2) of that paragraph.
In paragraph 98 (discharge from liability on vacation of office), omit sub-paragraphs (2)(b) and (3).
In paragraph 99 (charges and liabilities upon vacation of office by administrator), in sub-paragraph (4), for the words from the beginning to “cessation”, where first occurring, substitute “A sum falling within sub-paragraph (4A)”. A sum falls within this sub-paragraph if it is— In sub-paragraph (5) of that paragraph, for “(4)” substitute “(4A)(a)”.
In paragraph 100 (joint and concurrent administrators), omit sub-paragraph (2).
In paragraph 101(3) (joint administrators), after “87 to” insert “91, 98 and”.
In paragraph 103 (appointment of additional administrators), in sub-paragraph (2)— The consent of the Secretary of State is required for an application by GEMA for the purposes of sub-paragraph (2). Omit sub-paragraphs (3) to (5) of that paragraph.
In paragraph 106 (penalties), omit sub-paragraph (2)(a), (b), (f), (g), (i) and (l) to (n).
In paragraph 109 (references to extended periods), omit “or 108”.
In sub-paragraph (1) of paragraph 111 (interpretation)— For the purposes of this Schedule a reference to an energy administration order includes a reference to an appointment under paragraph 91 or 103.
water (including waves and tides);
an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales;
The chief executive is to hold office on such terms and conditions (including terms and conditions as to remuneration) as the non-executive members determine. Each of the other executive members (if any) is to hold office as a member, on such terms and conditions (including terms and conditions as to remuneration) as the non-executive members may determine in his case. The terms and conditions on which an executive member other than the chief executive becomes or remains an employee of the NDA, or (without being an employee) a member of its staff, are also to be determined by the non-executive members. If the non-executive members so determine in the case of the chief executive or any of the other executive members, the NDA must— as the non-executive members mey determine. If an executive member— he may, if the Secretary of State so determines, be treated for the purposes of the pension scheme as if any service of his (after ceasing to be an executive member) as an employee of the NDA were service as an executive member.
A pension scheme maintained by the UKAEA under paragraph 7(2)(b) of Schedule 1 to the Atomic Energy Authority Act 1954 (c. 32) may apply to— as it applies to persons to whom it applies apart from this paragraph.
members of the NDA, and
members of its staff,
The Treasury or a Minister of the Crown may use money provided by Parliament for the acquisition of— The consent of the Treasury is required for—
This paragraph applies where statutory accounts of the transferee company prepared as at a particular time would show the company as having net assets in excess of the aggregate of— For the purposes of— that excess shall be treated, except so far as the Secretary of State may otherwise direct, as representing an excess of the company’s accumulated realised profits over its accumulated realised losses. For the purposes of section 831 of the Companies Act 2006 (restriction on distribution of assets), so much of the excess as is the subject of a direction under sub-paragraph (2), shall be treated as comprised in the company’s undistributable reserves (subject to any modification of the direction by a subsequent direction under sub-paragraph (4)). The Secretary of State may give a direction for treatment as profits in relation to an amount equal to the whole or a part of an amount falling to be treated as mentioned in sub-paragraph (3). A direction for treatment as profits is one that provides that, on the realisation (whether before or after the company in question ceases to be publicly owned) of such profits and losses as may be specified or described in the direction, so much of the amount in relation to which the direction is given as may be determined in accordance with it— The Secretary of State must not give a direction under any provision of this paragraph at any time after the transferee company has ceased to be publicly owned. The consent of the Treasury is required for the giving of a direction under this paragraph. In this paragraph—
Section 1 of the Nuclear Industry (Finance) Act 1977 (c. 7) (Government guarantees for BNFL) shall have effect as if the references to BNFL included references to any designated BNFL company that is publicly controlled at the time when the guarantee is given.
The aggregate amount outstanding by way of principal in respect of the amounts specified in sub-paragraph (2) must not exceed £100 million. Those amounts are— Borrowing by a wholly-owned subsidiary of a company (“the holding company”) which would not otherwise be taken into account for the purposes of this paragraph shall be taken into account as if it were borrowing by the holding company; but borrowing— shall not be taken into account. Nothing in this paragraph— The Secretary of State may by order— An order apportioning the limit between different companies may provide for the amount apportioned to a particular company to be nil. No order is to be made containing provision increasing that limit unless a draft of the order has been— An order under this paragraph providing for the apportionment of that limit between different companies to which it applies must be laid before Parliament.
As soon as practicable after the holding of a general meeting of a transferee company which, at the time of the meeting, is wholly-owned by the Crown, a Minister of the Crown must lay before Parliament a copy of—
all accounts which, in accordance with a requirement of the Companies Act 1985, are laid before the company at that meeting, and
all documents which are annexed or attached to those accounts.
The Police Authority may call on a senior officer, in the interests of efficiency or effectiveness, to retire or to resign. The approval of the Secretary of State is required before the Police Authority may call on a senior officer to retire or to resign. Before seeking the approval of the Secretary of State, the Police Authority must— A senior officer who is called on to retire or to resign must retire or resign with effect from— Oral notice is not effective for the purposes of sub-paragraph (3).
This paragraph applies where— The Secretary of State may require the Police Authority to suspend the chief constable from duty. But this power is to be exercisable only where the Secretary of State considers that it is necessary to exercise it in order to maintain public confidence in the Constabulary. The Police Authority must comply with a requirement under this paragraph to suspend the chief constable from duty. Paragraph 3(3) and (4) do not apply to the suspension of the chief constable in pursuance of a requirement under this paragraph.
In this Schedule references to a safety zone notice are references to a notice under section 95.
This paragraph applies where— The Secretary of State must— The notice that is published or served must describe, by way of a map— and it must also describe the other provisions that the Secretary of State proposes to include in the safety zone notice. That notice must also— The period for making objections must not be shorter than the minimum period which would be applicable, in accordance with regulations under paragraph 4, if the notice were being published in respect of an application for a safety zone notice. Where objections or copies of objections to the proposal have been sent to the Secretary of State, he—
A notice required by or under this Schedule may be combined with a notice required by or under Schedule 8 to the 1989 Act (procedure on application for a consent in respect of a generating station) in any case involving the same installation or proposed installation.
The Secretary of State may include in a scheme under paragraph 1 provision amending a code or agreement relevant to the conditions of an existing transmission licence if it appears to him to be necessary or expedient to do so in consequence of anything for which the scheme makes provision.
Before carrying out any function under this Schedule the Secretary of State shall consult— in such manner as he considers appropriate. Sub-paragraph (1) may be satisfied by consultation before, as well as by consultation after, the commencement of this paragraph.
An application for the making of a property arrangements scheme may be made by— No application for a property arrangements scheme may be made after the end of the period of three months beginning with the day on which section 141 comes into force. An application for a property arrangements scheme shall specify the property, rights or liabilities in relation to which provision of a kind mentioned in paragraph 1(1) is proposed to be included in the scheme.
In the case of an unregistered company—
paragraphs 42(2), 83 and 84 of Schedule B1 to the 1986 Act do not apply;
paragraphs 46(4), 49(4)(a), 54(2)(a), 71(5) and (6), 72(4) and (5) and 86 of that Schedule apply only if the company is subject to a requirement imposed by virtue of section 691(1) or 718 of the Companies Act 1985 (c. 6); and
paragraph 61 of that Schedule does not apply if the company is a non-GB company.
An application for permission to bring an appeal may be made only by sending a notice to the Commission requesting the permission. Only a person who will be entitled under section 173 to bring the appeal if permission is granted may apply for permission. Where GEMA publishes a decision to which section 173 applies, an application for permission is not to be made after the end of fifteen working days following the earliest day on which the decision was published. An application for permission must be accompanied by all such information as may be required by appeal rules. Those rules may require information contained in the application to be verified by a statement of truth. The applicant must send GEMA— The applicant must also send a copy of that application and of that information to— The Commission’s decision on an application for permission must be made before the end of ten working days following the day on which it received it. The Commission’s decision whether to grant permission is to be taken by an authorised member of the Commission. A decision to grant permission may be made subject to conditions. Those conditions may include— Where a decision is made to grant or to refuse an application for permission, the Commission must notify the decision—
Where GEMA wishes to make representations or observations to the Commission about— it must do so before the end of fifteen working days following the day of the making of the application for permission to bring the appeal. Where more than one application for permission to bring an appeal was made in accordance with paragraph 1 in respect of the same decision, that period of fifteen working days begins to run from the end of the day of the making of the last of those applications to be made. GEMA must send a copy of its representations and observations to every person who received a copy of—
The group with the function of determining an appeal, if it thinks it necessary to do so for the purpose of securing the determination of the appeal within the period allowed by paragraph 6, may disregard—
all matters raised by the appellant or an intervener that were not raised by him at the time of his application for permission to bring the appeal or in his request under paragraph 2; and
all matters raised by GEMA that were not contained in representations or observations made for the purposes of the appeal in accordance with paragraph 4.
The Commission may, by notice, require a person to produce a written statement with respect to a matter specified in the notice to— The power to require the production of a written statement includes power— and a statement produced in accordance with this paragraph must be disregarded unless it is so verified. No person is to be compelled under this paragraph to produce a written statement with respect to any matter about which he could not be compelled to give evidence in civil proceedings in the High Court or Court of Session. A notice for the purposes of this paragraph may be issued on the Commission’s behalf by any member of the Commission or by its secretary.
A group that determines an appeal must make an order requiring the payment to the Commission of the costs incurred by the Commission in connection with the appeal. Where the appeal is allowed, the order must require those costs to be paid by GEMA. Where the appeal is dismissed, the order must require those costs to be paid by the appellant but, if there is more than one appellant— In sub-paragraph (3) references to an appellant do not include references to an intervener. The group that determines an appeal may also make such order as it thinks fit for requiring a party to the appeal to make payments to another in respect of costs incurred by that other party in connection with the appeal. A person who is required by an order under this paragraph to pay a sum to another person must comply with the order before the end of the period of five days beginning with the day after the making of the order. Sums required to be paid by an order under this paragraph but not paid within the period mentioned in sub-paragraph (6) shall bear interest at such rate as may be determined in accordance with provision contained in the order.
In this Schedule “relevant renewable energy installation”, in relation to an application for a safety zone notice or a proposal by the Secretary of State to issue such a notice, means the renewable energy installation by reference to which the notice applied for or proposed would fall to be issued.
The applicable provisions and Schedule 1 to the 1986 Act (as applied by paragraph 60(1) of Schedule B1 to that Act) are to be construed in the case of a non-GB company by reference to the limitation imposed upon the scope of the energy administration order in question by virtue of section 154(4) of this Act. Sub-paragraph (1) has effect, in particular, so that—
Paragraph 41 of Schedule B1 to the 1986 Act (dismissal of receivers) has effect in the case of a non-GB company as if— Where an energy administration order takes effect in respect of a company— shall refrain, during the period specified in sub-paragraph (1A), from performing those functions in Great Britain or in relation to any of the company’s property in Great Britain. That period is—
Paragraph 43(6A) of Schedule B1 to the 1986 Act (moratorium on appointment to receiverships) has effect in the case of a non-GB company as if for “An administrative receiver” there were substituted “A person with functions equivalent to those of an administrative receiver”.
Paragraph 44(7) of Schedule B1 to the 1986 Act (proceedings to which interim moratorium does not apply) has effect in the case of a non-GB company as if for paragraph (d) there were substituted—
Paragraph 64 of Schedule B1 to the 1986 Act (general powers of administrator) has effect in the case of a non-GB company as if—
in sub-paragraph (1), after “power” there were inserted “in relation to the affairs or business of the company so far as carried on in Great Britain or to its property in Great Britain”; and
in sub-paragraph (2)(b), after “instrument” there were inserted “or by the law of the place where the company is incorporated”.
For the purposes of corporation tax—
trading income arising or accruing to the NDA or an NDA company from the carrying on of exempt activities shall be disregarded in computing the total profits of the NDA or that company; and
trading losses incurred by the NDA or an NDA company in the carrying on of exempt activities shall be disregarded in determining the amounts that may be —
relieved under section 37, 45, 45A, 45B or 45F of the Corporation Tax Act 2010 (relief for trading losses),
surrendered under Part 5 of that Act (group relief), or
surrendered under Part 5A of that Act (group relief for carried-forward losses).
Schedule 4 (which makes further provision for the purposes of the exemption granted by this section) has effect.
Activities are exempt for the purposes of this section and Schedule 4 if they—
are activities carried on in connection with anything mentioned in section 3(1); and
are specified for the purposes of this section in regulations made by the Treasury.
In this section and Schedule 4 “NDA company” means—
a company the whole of the ordinary share capital in which is owned directly or indirectly by the NDA; or
a company that is a relevant site licensee.
A company is a relevant site licensee for the purposes of subsection (4) if—
it is not a company falling within paragraph (a) of that subsection;
it holds a nuclear site licence for a site the whole or part of which is either a designated site or a site in or on which there is a designated installation or designated facility;
in a case where there is in force a management contract relating to the whole or a part of the site to which that licence relates, or to an installation or facility in or on that site, the parties to the contract include either—
the company in question; or
a company which owns directly or indirectly at least 90 per cent of the ordinary share capital of that company; and
such further conditions that are required by regulations made by the Treasury to be satisfied have been satisfied.
The concurrence of the Secretary of State is required for the making of any regulations under this section by the Treasury.
A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of the House of Commons.
In this section—
“extend” and “extension”—
Where the provisions of Schedule B1 to the 1986 Act specified in paragraph 2 of this Schedule (as modified by Part 2 of this Schedule) have effect in relation to an unregistered company, they shall do so subject to the further modifications that are set out— An order under this paragraph may include modifications of paragraphs 35 to 40. An order under this paragraph is subject to the negative resolution procedure.
In paragraphs 35 to 40—
the provisions of Schedule B1 to the 1986 Act that are specified in paragraph 2 are referred to as the applicable provisions; and
references to those provisions, or to provisions comprised in them, are references to those provisions as modified by Part 2 of this Schedule.
methane;
a hovercraft;
The Police Authority may make such arrangements as it thinks fit for regulating its proceedings. Those arrangements may include— The membership of a committee established by the Police Authority may include employees of that Authority and persons who are neither members nor employees of that Authority.
A pension scheme maintained by the UKAEA under paragraph 7(2)(b) of Schedule 1 to the Atomic Energy Authority Act 1954 (c. 32) (“a UKAEA pension scheme”) may apply to employees of the Police Authority as it applies to persons to whom it applies apart from this paragraph. The Secretary of State may, by direction, require the UKAEA to make such modifications of a UKAEA pension scheme as the Secretary of State considers appropriate in respect of the participation of persons in such a scheme by virtue of this paragraph. A direction under sub-paragraph (2) may also require the UKAEA to make such supplemental, consequential and transitional provision modifying a UKAEA pension scheme as the Secretary of State considers appropriate. Before giving a direction under this paragraph, the Secretary of State must consult— The power of the Secretary of State to give directions under this paragraph— The Police Authority must pay such amounts to the UKAEA in respect of the participation of persons in a pension scheme by virtue of this paragraph as are— References in this paragraph to the modification of a UKAEA pension scheme include references to the modification of any one or more of the following—
The 1993 Act is amended as follows.
In section 20(1) (imposition of requirements with respect to records), for “an authorisation under section 13 or 14 has been granted” substitute “who holds an authorisation under section 13 or 14”.
In subsection (1)(b) of section 23 (directions in relation to applications), after “14” insert “or for the transfer (in whole or in part) or variation of an authorisation”. In subsection (2)(a) of that section, after “authorisation” insert “or for the transfer (in whole or in part) or variation of an authorisation”. After subsection (2)(c) of that section insert—.
In subsection (1) of section 26 (appeals), after paragraph (a) insert—. In subsection (5) of that section, after paragraph (b) insert—
“prescribed”—
The old energy company may— make a scheme under this Schedule for the transfer of property, rights and liabilities from the old energy company to the new energy company (an “energy transfer scheme”). Such a scheme may be made only at a time when the energy administration order is in force in relation to the old energy company. An energy transfer scheme may set out the property, rights and liabilities to be transferred in one or more of the following ways— An energy transfer scheme shall take effect in accordance with paragraph 8 at the time appointed by the court. But the court must not appoint a time for a scheme to take effect unless that scheme has been approved by the Secretary of State. The Secretary of State may modify an energy transfer scheme before approving it, but only modifications to which both the old energy company and the new energy company have consented may be made. In deciding whether to approve an energy transfer scheme, the Secretary of State must have regard, in particular, to— Before approving an energy transfer scheme, the Secretary of State must consult GEMA. The old energy company and the new energy company each have a duty to provide the Secretary of State with all information and other assistance that he may reasonably require for the purposes of, or in connection with, the exercise of the powers conferred on him by this paragraph.
The provision that may be made by an energy transfer scheme includes provision for some or all of the powers and duties to which this paragraph applies— Provision falling within sub-paragraph (1) may apply to powers and duties only in so far as they are exercisable or required to be performed in the area specified or described in the provision. The powers and duties to which this paragraph applies are the powers and duties conferred or imposed upon the old energy company by or under an enactment, so far as those powers and duties are connected with— The powers and duties mentioned in sub-paragraph (3) include, in particular, powers and duties relating to the carrying out of works or the acquisition of land.
The Secretary of State may by notice to the old energy company and the new energy company modify an energy transfer scheme after it has taken effect, but only modifications to which both the old energy company and the new energy company have consented may be made. The notice must specify the time at which it is to take effect (the “modification time”). Where a notice is issued under this paragraph in relation to an energy transfer scheme, as from the modification time, the scheme shall for all purposes be treated as having taken effect, at the time appointed for the purposes of paragraph 3(4), with the modifications made by the notice. Those modifications may make— In deciding whether to modify an energy transfer scheme, the Secretary of State must have regard, in particular, to— Before modifying an energy transfer scheme that has taken effect, the Secretary of State must consult GEMA. The old energy company and the new energy company each have a duty to provide the Secretary of State with all information and other assistance that he may reasonably require for the purposes of, or in connection with, the exercise of the powers conferred on him by this paragraph.
Where the proposed transfer falling within subsection (3) of section 155 is a transfer of the kind mentioned in subsection (4)(a) of that section, this Schedule shall have effect in relation to that transfer as if—
paragraph 3(1)(a) were omitted; and
paragraph 3(6) had effect with “the old energy company has consented may be made” substituted for the words from “both” onwards.
This paragraph applies if— a person falling within sub-paragraph (2) gives notice to the Commission asking to become a party to the appeal. A person falls within this sub-paragraph if he— A person who gives a notice asking to become a party to an appeal must send GEMA— That person must also send a copy of the notice and of that information to— An authorised member of the Commission may, on behalf of the Commission, give a direction that a person who has asked in accordance with this paragraph to become a party to an appeal is to be a party to that appeal. A member of the Commission is not to give a direction under this paragraph if he considers that it would prevent the determination of the appeal within the period allowed by paragraph 6 to do so. Where a direction is given under this paragraph— are to proceed (subject to any direction under sub-paragraph (8)(b)) as if the intervener had joined with the applicant in making that application and bringing the appeal. A direction under this paragraph— The conditions of a direction under this paragraph may include—
The following functions of the Commission must be carried out, in accordance with appeal rules, by a group selected for the purpose by the Chairman— A group must consist of three members of the Commission. The Chairman must appoint one of the members of a group to be its chairman. The Chairman may select a member of the Commission to replace another as a member of a group if— The replacement of a member of a group does not prevent the group from continuing after his replacement with anything begun before it. In selecting members of a group (whether originally or by way of replacement) the Chairman must ensure that at least one of the group’s members is a person appointed to the Commission under section 104(1) of the Utilities Act 2000 (c. 27) (specialist members). The persons who may be selected by the Chairman to be (or to replace) a member of a group, or who may be appointed by him to be the chairman of a group, include himself. A decision of a group is effective if, and only if—
The Commission may, by notice, require a person to produce to the Commission the documents specified or otherwise identified in the notice. The power to require the production of a document is a power to require its production— No person is to be compelled under this paragraph to produce a document that he could not be compelled to produce in civil proceedings in the High Court or Court of Session. The Commission may take copies of a document produced to it under this paragraph. A notice for the purposes of this paragraph may be issued on the Commission’s behalf by any member of the Commission or by its secretary.
If a person (“the defaulter”)— a member of the Commission may certify the failure, or the fact that such a false statement has been made, to the High Court or the Court of Session. The High Court or Court of Session may inquire into a matter certified to it under this paragraph; and if, after having heard— it is satisfied that the defaulter did, without reasonable excuse, refuse or otherwise fail to comply with the notice or other requirement, or made the false statement, that court may punish him as if he had been guilty of contempt of court. Where the High Court or Court of Session has power under this paragraph to punish a body corporate for contempt of court, it may so punish any director or other officer of that body (either instead of or as well as punishing the body). A person who wilfully alters, suppresses or destroys a document that he has been required to produce under paragraph 8 is guilty of an offence and shall be liable—
The Secretary of State may by order modify any period specified in this Schedule as the period within which anything must be done. An order under this paragraph is subject to the negative resolution procedure.
For the purposes of this section income consisting in— is to be treated as trading income accruing to the NDA or an NDA company from the carrying on of exempt activities to the extent only that it would fall (apart from this section) to be taken into account as trading income from a trade consisting in the carrying on of such activities by the NDA or that company.
anything giving rise to a credit that would fall to be brought into account for the purposes of Part 5 of the Corporation Tax Act 2009 (loan relationships), or
a credit falling to be brought into account in accordance with Part 7 of the Corporation Tax Act 2009 (derivative contracts),
This section and Schedule 4 are to be construed as one with the Corporation Tax Acts.
For the purposes of the Corporation Tax Acts so much of any activity of the NDA as— shall be treated as an activity carried on by it as part of a trade in respect of which it is within the charge to tax under Chapter 2 of Part 3 of the Corporation Tax Act 2009.
is an activity the profits and gains from which would (apart from this section) be chargeable to tax under or by virtue of any provision to which section 1173 of the Corporation Tax Act 2010 (miscellaneous charges) applies, and
is not excluded from the operation of this section by subsection (2),
Any activity is excluded from the operation of this section if—
it is carried on by the NDA otherwise than in connection with something mentioned in section 3(1)(a), (d) or (e) of this Act; and
the profits and gains from it would, in the NDA’s case, be chargeable to tax under or by virtue of a provision to which section 1173 of the Corporation Tax Act 2010 applies, other than section 979 of the Corporation Tax Act 2009 (income not otherwise charged).
All activities treated under this section as carried on by the NDA as part of a trade—
shall be treated as carried on as part of the same trade; and
may be treated as carried on as part of another trade carried on by the NDA.
Subsection (3) is subject to any other provision made by or under the Corporation Tax Acts that requires an activity to be treated as carried on as part of a separate trade (with or without any other activity).
This section is to be construed as one with the Corporation Tax Acts.
This section applies where—
a relevant provision is recognised in the accounts of a BNFL company in accordance with generally accepted accounting practice;
that provision— and
relates to decommissioning or cleaning-up which the NDA acquires or has acquired responsibility for securing by virtue of a direction under section 3, but
is not provision recognised in order to reflect the terms or effect of a management contract between the company and the NDA ;
the responsibility referred to in paragraph (b)(i)—
includes the financial responsibility under section 21, or
would do so but for the fact that the amount of the financial responsibility is for the time being subject to a limit imposed by a capping agreement.
In computing the profits, gains or losses of the company for the purposes of corporation tax, no amount shall be brought into account in respect of a credit or debit to which subsection (3) applies.
This subsection applies to a credit or debit if it arises from—
the recognition in the accounts of the company for a relevant period beginning on or after 1st April 2005 of—
the relevant provision, or
an asset that, in accordance with generally accepted accounting practice, is recognised in connection with the relevant provision in order to reflect the acquisition of financial responsibility referred to in subsection (1) (a “matching asset”);
an adjustment made in the accounts of the company for such a period of— or
the relevant provision, or
a matching asset;
the removal from the accounts of the company for such a period of—
the relevant provision,
a matching asset, or
an asset or liability recognised in order to reflect the terms or effect of a contract falling within subsection (3A).
The events referred to in subsection (3) are—
the coming into force of the direction mentioned in subsection (1)(b); and
a transfer of property, rights or liabilities of the company to the NDA or a subsidiary of the NDA in accordance with a nuclear transfer scheme authorised by section 39.
A contract falls within this subsection if—
it is a contract made before 1st April 2005 and having effect between two or more BNFL companies under which a party to the contract assumed responsibility for securing decommissioning or cleaning-up; and
the rights and obligations under the contract are extinguished by reason of a transfer made under a nuclear transfer scheme.
In this section—
This section is to be construed as one with the Corporation Tax Acts.
Where a company ceases to be publicly owned otherwise than at the end of an accounting period—
the accounting period during which it ceases to be publicly owned is treated for the purposes of corporation tax as ending when it so ceases; and
its profits and losses are to be computed accordingly for those purposes.
This section applies where—
by virtue of a direction under section 3 the NDA acquires the responsibility for securing the cleaning-up of a site falling within subsection (2), or the decommissioning of an installation or facility in or on such a site;
that responsibility—
includes the financial responsibility under section 21, or
would do so but for the fact that the amount of the financial responsibility is for the time being subject to a limit imposed by a capping agreement;
... the NDA recognises in its accounts, in accordance with generally accepted accounting practice, a relevant provision that relates to that responsibility; and
the provision is recognised—
in order to reflect the coming into force of the direction mentioned in paragraph (a), or
in consequence of the variation or removal of a limit on the NDA 's financial responsibility under section 21 imposed by a capping agreement.
A site falls within this subsection if—
at the time the direction mentioned in subsection (1)(a) comes into force there is a nuclear site licence in force in relation to the site; and
the holder of that licence at that time is a BNFL company that is publicly owned.
In computing the profits, gains or losses of the NDA for the purposes of corporation tax, no amount shall be brought into account in connection with—
the recognition made in the accounts of the NDA of—
the relevant provision, or
an asset that, in accordance with generally accepted accounting practice, is recognised in order to reflect a limit on the NDA 's financial responsibility under section 21 imposed by a capping agreement;
any adjustment made in those accounts (including the removal from the accounts of an asset falling within paragraph (a)(ii)) in consequence of a variation or removal of the limit mentioned in paragraph (a)(ii).
But subsection (3) shall not affect the amount (if any) to be brought into account in computing the profits, gains or losses of the NDA in connection with an adjustment not falling within paragraph (b) of that subsection.
In this section—
This section is to be construed as one with the Corporation Tax Acts.
For the purpose of ensuring transparency as respects the funding of the carrying out of the NDA’s functions, it shall be the duty of the Secretary of State to establish and maintain an account (to be known as the “Nuclear Decommissioning Funding Account”).
The Account, when first established, is to have an opening balance of such amount as the Secretary of State may determine.
Every amount paid to the NDA by way of grant under section 22(1) must be shown in the Account as a debit.
The following amounts are to be shown in the Account as credits—
every amount received by the Secretary of State in pursuance of a requirement under section 5(2);
every amount received by the NDA that is required to be paid by it to the Secretary of State under section 22(3);
such amount in respect of each financial year as the Secretary of State may determine; and
amounts representing interest, at such rate and in respect of such periods as the Secretary of State may determine, on outstanding credit balances of the Account.
The Secretary of State—
may make a single determination for the purposes of subsection (4)(c) in relation to more than one financial year;
must make every determination for those purposes in accordance with the policy most recently published under subsection (6);
must revise a determination made for those purposes if he considers it necessary to do so in order to take account of any revision of the policy in accordance with which it was made, or last revised; and
must publish every determination made for those purposes, and every revision of such a determination, in such manner as, in his opinion, is most appropriate for bringing it to the attention of persons likely to be affected by it.
The Secretary of State—
must prepare, and may from time to time revise, a statement of his policy with respect to the determination of amounts for the purposes of subsection (4)(c); and
must publish that statement, and every revision of it, in such manner as, in his opinion, is most appropriate for bringing it to the attention of persons likely to be affected by it.
The policy contained in the statement under subsection (6) must—
set out the basis on which determinations for the purposes of subsection (4)(c) are to be made;
secure that amounts credited to the Account in accordance with subsection (4)(c) are at least enough to prevent the credit balance of the Account falling at any time below such level as the Secretary of State determines to be appropriate; and
set out the basis on which the Secretary of State’s determination for the purposes of paragraph (b) has been made.
The time at which an amount is to be debited or credited to the Account in accordance with this section is to be the time determined by the Secretary of State.
The consent of the Treasury is required for every determination by the Secretary of State for the purposes of this section.
As soon as practicable after the end of each relevant financial year, the Secretary of State must prepare a statement of the Nuclear Decommissioning Funding Account.
The statement must show—
the credits and debits made to the account during the period for which it is prepared; and
the determinations made or revised during that period for the purposes of section 31(4)(c).
The period for which each statement is to be prepared is the period which—
begins—
in the case of the first statement, with the establishment of the Account; and
in any other case, immediately after the end of the period for which the previous statement was prepared; and
ends with the last day of the last relevant financial year to end before the statement’s preparation.
A statement prepared under this section must be sent to the Comptroller and Auditor General before the 30th September in the financial year in which it is prepared.
The Comptroller and Auditor General must, before 31st December in the financial year in which he receives a statement under this section—
examine and report on it; and
lay copies of it, and of his report on it, before Parliament.
In this section “relevant financial year” means a financial year in the course of which the Secretary of State has made or revised a determination for the purposes of section 31(4)(c).
A person who enters into a transaction with the NDA is not required to see or to enquire whether the transaction constitutes or involves—
conduct by the NDA which is for the purposes of, or conducive or incidental to, the carrying out of its functions;
a contravention of section 7(6) or 9; or
a contravention of a direction given by the Secretary of State.
A transaction entered into by the NDA is not invalidated because the transaction constitutes or involves—
conduct by the NDA which is neither for the purposes of, nor conducive or incidental to, the carrying out of its functions;
a contravention of section 7(6) or 9; or
a contravention of a direction given by the Secretary of State.
In sub-paragraph (1) of paragraph 1 of Schedule 12 to the 1989 Act (financial assistance by the Secretary of State in respect of nuclear liabilities), for paragraph (c) and the word “or” immediately preceding it substitute—
In this paragraph “cleaning-up”, “decommissioning”, “nuclear installation” and “principal nuclear site” have the same meanings as in Chapter 1 of Part 1 of the Energy Act 2004.
After paragraph 3 of that Schedule insert—
The Secretary of State may by order modify the following provisions of this Chapter—
section 2 and Schedule 1;
sections 11 and 12 and Schedule 2; and
section 13 and Schedule 3.
Before making an order under this section the Secretary of State must consult the Scottish Ministers.
The consent of the Scottish Ministers is required for the making of an order under this section that modifies any of those Ministers' functions under this Chapter.
The power to make an order containing provision authorised by this section is subject to the affirmative resolution procedure.
In this Chapter “nuclear site” means a principal nuclear site or a contaminated site.
In this Chapter—
“renewable source”, in relation to energy, means any of the following non-fossil sources of energy, namely wind, the sun, aerothermal sources, geothermal sources, water (including hydrothermal sources, waves and tides) and biomass (including landfill gas, sewage treatment plant gas and biogases), where—
This paragraph applies for the purposes of corporation tax where— Trading losses attributable to so much of the trade or part of a trade as consists in exempt activities carried on by the transferor company before the time when the NDA or the NDA company begins to carry on the trade or that part of it shall be treated, in relation to accounting periods ending after that time, as extinguished. Subsections (3), (4A), (7) to (9) and (11) of section 343 of the Taxes Act (company reconstruction without change of ownership) shall apply in relation to an unextinguished loss sustained by the transferor company in carrying on the trade or the part of it in question as if—
This paragraph applies if a company (“the degrouped company”)— Section 179 of the 1992 Act (company ceasing to be member of group) is not to treat the degrouped company as having by virtue of the transfer sold and immediately reacquired the asset. Where sub-paragraph (2) has applied to an asset, section 179 of the 1992 Act is to have effect on and after the first subsequent occasion on which the degrouped company ceases to be a member of a group of companies (“the new group”) as if— had been members of the new group at the time of acquisition. Expressions used in this paragraph and in section 179 of the 1992 Act have the same meanings in this paragraph as in that section.
Where— then that part of the trade carried on by the NDA or its subsidiary shall be treated for the purposes of paragraph 7 as a separate trade. Where— then the transferor company shall be treated for the purposes of paragraph 7 and sub-paragraph (1) of this paragraph as having carried on that part of its trade as a separate trade. Where activities fall to be treated for the purposes of this paragraph as a separate trade, such apportionments of receipts, expenses, assets and liabilities shall be made for the purposes of the 2001 Act as may be just.
This paragraph applies if, in consequence of a section 39 scheme, the NDA or a subsidiary of the NDA replaces a person as a party to a loan relationship. Chapter 2 of Part 4 of the Finance Act 1996 (c. 8) is to have effect in relation to the time when the transfer takes effect and any later time as if— Expressions used in this paragraph and in Chapter 2 of Part 4 of the Finance Act 1996 have the same meanings in this paragraph as in that Chapter.
This paragraph applies if a company (“the degrouped company”)— Paragraph 58 of Schedule 29 to the Finance Act 2002 (company ceasing to be member of group) is not to treat the degrouped company as having, by virtue of the transfer, sold and immediately reacquired the asset. Where sub-paragraph (2) has applied to an asset, paragraph 58 of Schedule 29 to the Finance Act 2002 (c. 23) is to have effect on and after the first subsequent occasion on which the degrouped company ceases to be a member of a group of companies (“the new group”) as if— had been members of the new group at the time of acquisition. Expressions used in this paragraph and in paragraph 58 of Schedule 29 to the Finance Act 2002 have the same meanings in this paragraph as in that paragraph.
Where the conditions set out in subsection (1) of section 343 of the Taxes Act (company reconstructions without a change of ownership) are satisfied in relation to a transfer to which this Part of this Schedule applies, that section shall have effect in relation to the transfer with the omission of subsection (4) (which restricts the losses that may be carried forward to the excess of relevant liabilities over relevant assets).
This paragraph applies if— The 1992 Act is to have effect as if the transferee (and not the transferor) were the original creditor for those purposes.
This paragraph applies if, in consequence of a transfer to which this Part of this Schedule applies, the transferee replaces a person as a party to a loan relationship. Chapter 2 of Part 4 of the Finance Act 1996 (c. 8) is to have effect in relation to the time when the transfer takes effect and any later time as if— Expressions used in this paragraph and in Chapter 2 of Part 4 of the Finance Act 1996 (c. 8) have the same meanings in this paragraph as in that Chapter.
This paragraph applies if a company (“the degrouped company”)— Paragraph 58 of Schedule 29 to the Finance Act 2002 (c. 23) (company ceasing to be member of group) is not to treat the degrouped company as having, by virtue of the transfer, sold and immediately reacquired the asset. Where sub-paragraph (2) has applied to an asset, paragraph 58 of Schedule 29 to the Finance Act 2002 is to have effect on and after the first subsequent occasion on which the degrouped company ceases to be a member of a group of companies (“the new group”) as if— had been members of the new group at the time of acquisition. Expressions used in this paragraph and in paragraph 58 of Schedule 29 to the Finance Act 2002 have the same meanings in this paragraph as in that paragraph.
The Police Authority shall consist of not fewer than seven and not more than thirteen members. The members of the Police Authority are to be appointed by the Secretary of State. The Secretary of State must appoint one of the members of the Police Authority to be its chairman.
The Secretary of State may— The Secretary of State may make any grants made by him to the Police Authority subject to such conditions as he thinks fit. Loans made by the Secretary of State to the Police Authority shall be on such terms, as to repayment and interest and other matters, as the Secretary of State may determine.
The Secretary of State may give a direction requiring the Police Authority to pay to him an amount equal to— For the purposes of this paragraph, the Police Authority has a surplus for a financial year if its revenues for that year exceed the sums which it requires for carrying out its functions in that year. Before giving a direction under this paragraph, the Secretary of State must consult—
The Police Authority is not to be regarded— The Police Authority’s property is not to be regarded as property of the Crown, or as held on behalf of the Crown.
This paragraph applies where— The Competition Appeal Tribunal may on application by the system operator or the relevant existing transmission licence holder make such interim arrangements as it thinks fit with respect to the property, rights or liabilities concerned. Without prejudice to the generality of sub-paragraph (2), the power under that sub-paragraph includes, in particular, power to make provision for the system operator to have access to, or otherwise to enjoy the benefit of, any of the property or rights concerned for such period, and on such terms, as the Tribunal thinks fit. No application under sub-paragraph (2) may be made after the end of the period of 7 days beginning with the day on which the application under paragraph 10(1) is made.
In section 98(9) of the Telecommunications Act 1984, in the definition of “electricity authority”, for “transmit or supply”, where they first occur, substitute “supply or participate in the transmission of”.
In Schedule 22 to the Water Resources Act 1991 (protective provisions), in paragraph 1(4) (undertakings protected), in paragraph (f), for “transmit or supply” substitute “supply or participate in the transmission of”.
Subject to paragraph 42, every reference falling within sub-paragraph (2) which is contained— shall have effect as including a reference to whatever corresponds to it for the purposes of this paragraph. Those references are those (however expressed) which are or include references to— For the purposes of this paragraph—
In this Part of this Schedule—
This paragraph applies where– The Competition Appeal Tribunal may on application by— make such interim arrangements as it thinks fit with respect to the property, rights or liabilities concerned. Without prejudice to the generality of sub-paragraph (2), the power under that sub-paragraph includes, in particular, power— No application under sub-paragraph (2) may be made after the end of the period of 7 days beginning with the day on which the application under paragraph 10(1) is made.
Paragraph 41, in its application to section 1(3) of the 1986 Act, does not entitle the energy administrator of an unregistered company to make a proposal under Part 1 of that Act (company voluntary arrangements). Paragraph 41 does not confer any right under section 7(4) of the 1986 Act (implementation of voluntary arrangements) for a supervisor of voluntary arrangements to apply for an energy administration order in relation to a protected energy company. Paragraph 41 does not apply to section 359 of the Financial Services and Markets Act 2000 (c. 8) (administration applications by Financial Services Authority).
In exercising its powers under paragraph 16 or 17, the Competition Appeal Tribunal shall have regard, in particular, to what is necessary or expedient for implementation purposes.
Paragraphs 16 and 17 are without prejudice to any powers of the Competition Appeal Tribunal to make orders on an interim basis under rules under section 15 of the Enterprise Act 2002 (c. 40).
If an order under paragraph 16 or 17 is registered in England and Wales in accordance with rules of court or any practice direction, it shall be enforceable as an order of the High Court. An order under paragraph 16 or 17 may be recorded for execution in the Books of Council and Session and shall be enforceable accordingly. Subject to rules of court or any practice direction, an order under paragraph 16 or 17 may be registered or recorded for execution by a person entitled to any right under the interim arrangements for which the order makes provision. Sub-paragraphs (1) to (3) apply to an order on an interim basis made under rules under section 15 of the Enterprise Act 2002 in connection with an application under paragraph 10(1) as they apply to an order under paragraph 16 or 17.
References in this Chapter to the person with control of an installation, site or facility are references—
in the case of— to that person;
a site in relation to which a nuclear site licence is held by a person whose period of responsibility (within the meaning of the 1965 Act) is still current, or
a nuclear installation in or on such a site,
in the case of an installation or site which— to that person;
is an installation in or on a site occupied by or on behalf of the Crown or is itself such a site, and
is an installation or site in the case of which there is a person appointed by an order made by the Secretary of State to be the person with control,
in the case of a facility which— to the person with control of the site;
is not an installation to which paragraph (a) or (b) applies; but
is operated on a single site to which one of those paragraphs does apply,
in the case of an installation or facility which— to the occupier of the site;
is not an installation or facility to which paragraph (a), (b) or (c) applies; but
is operated on a single site by a person who (without being the owner of the site) is in occupation of it,
in the case of a facility which is operated otherwise than on a single site, to the operator of the facility;
in the case of anything in or under the territorial sea adjacent to the United Kingdom, to the Secretary of State;
in the case of a site to which none of the preceding paragraphs applies, to the owner of the site;
in the case of an installation or facility to which none of those paragraphs applies, to the occupier of the site where the installation or facility is located.
An order for the purposes of subsection (3)(b) is subject to the negative resolution procedure.
For the purposes of this section something is contaminated as a result of nuclear activities if the contamination (whenever occurring), or any of it, is the direct or indirect result of one or more of the following—
activities carried on in or on an installation, site or facility which was at the time, or subsequently became, a nuclear installation, a principal nuclear site or an NDA facility;
the storage or disposal of any matter or substance in or on an installation, site or facility which was at the time, or subsequently became, a nuclear installation, a principal nuclear site or an NDA facility;
an incident occurring in or on an installation, site or facility which was at the time, or subsequently became, a nuclear installation, a principal nuclear site or an NDA facility;
the discharge of anything from an installation, site or facility which was at the time, or subsequently became, a nuclear installation, a principal nuclear site or an NDA facility;
the transportation of hazardous material to or from a principal nuclear site or an installation or facility in or on such a site;
an incident affecting hazardous material being transported to or from a principal nuclear site or an installation or facility in or on such a site.
In this Chapter—
“licensed nuclear site” means a site in respect of which a nuclear site licence is or is required to be in force;
An installation, site or facility is designated for the purposes of this Chapter if—
it is designated by a direction under section 3; or
the NDA otherwise has responsibilities in relation to it by virtue of such a direction.
For the purposes of this Chapter a body corporate is a publicly owned company if it is a company limited by shares and that company is one in which—
a person specified in subsection (4) holds all the shares; or
two or more persons so specified, taken together, hold all the shares.
The persons mentioned in subsection (3) are—
the Treasury;
a Minister of the Crown;
the NDA;
the UKAEA;
a publicly owned company; or
a nominee of a person falling within paragraphs (a) to (e).
Schedule 6 to the Companies Act 2006 (meaning of “voting rights” etc.) applies for construing references in this Chapter to holding voting rights in a company as it applies for construing section 1159 of that Act.
Sections 17 to 20 bind the Crown.
In this section—
The Secretary of State may make a scheme providing for one or more transfers authorised by this Chapter (a “nuclear transfer scheme”).
Nothing in this Chapter authorises the transfer in accordance with a nuclear transfer scheme of a nuclear site licence.
Before making— the Secretary of State must consult the NDA.
a nuclear transfer scheme which transfers property, rights or liabilities to or from the NDA or a subsidiary of the NDA, or
a nuclear transfer scheme not falling within paragraph (a) which he is proposing to make for purposes connected with the carrying out of the NDA’s functions,
Before making a nuclear transfer scheme which transfers property, rights or liabilities to any person— the Secretary of State must consult BNFL.
from BNFL, or
from a wholly-owned subsidiary of BNFL,
Before making a nuclear transfer scheme that transfers property, rights or liabilities to any person— the Secretary of State must consult the UKAEA.
from the UKAEA, or
from a wholly-owned subsidiary of the UKAEA,
The consent of the Treasury is required for the making of a nuclear transfer scheme.
A nuclear transfer scheme shall come into force at such time as the Secretary of State may appoint, whether in the scheme or subsequently.
Schedule 5 (which makes further provision about nuclear transfer schemes) has effect.
A nuclear transfer scheme may provide for a transfer to— of property, rights and liabilities falling within subsection (2) that are set out in the scheme.
a publicly owned company,
the NDA, or
a consenting person,
The property, rights and liabilities that may be transferred are—
securities of BNFL;
securities of a company falling within subsection (3);
property, rights and liabilities of BNFL or the UKAEA;
property, rights and liabilities of a company falling within subsection (3);
property, rights and liabilities of a wholly-owned subsidiary of BNFL, of the UKAEA or of a company falling within that subsection.
A company falls within this subsection if—
it is a nuclear company that is publicly owned; or
it is a company designated for the purposes of this section by an order made by the Secretary of State.
The Secretary of State may designate a company for the purposes of this section only if it is a publicly owned company to which— were transferred (whether in accordance with a nuclear transfer scheme or otherwise) at a time when both the company and BNFL were publicly owned.
securities of BNFL,
property, rights or liabilities of BNFL, or
property, rights or liabilities of a wholly-owned subsidiary of BNFL,
The Secretary of State must lay a copy of every order under subsection (3) before Parliament.
Nothing in this section authorises— at a time when BNFL is no longer publicly owned.
a transfer of securities of BNFL, or
a transfer of property, rights or liabilities of BNFL or of a wholly-owned subsidiary of BNFL,
Nothing in this section authorises— at a time when the company is no longer publicly owned.
a transfer of securities of a company designated for the purposes of this section, or
a transfer of property, rights or liabilities of such a company or of a wholly-owned subsidiary of such a company,
Schedule 6 (which makes provision about the structure etc. of publicly owned companies to which transfers are made that are authorised by this section) has effect.
For the purposes of this section a person is a consenting person, in relation to a nuclear transfer scheme, if he has consented to the provisions of the scheme so far as they relate to him.
A nuclear transfer scheme may provide for a transfer to— of property, rights and liabilities falling within subsection (3) that are set out in the scheme.
a publicly owned company, or
the NDA,
But property, rights and liabilities may be transferred by virtue of this section only if the person who is entitled or subject to them has consented to their transfer in accordance with a nuclear transfer scheme.
The property, rights and liabilities that may be transferred are—
securities of a nuclear company that is not publicly owned;
property and rights of such a company in or in relation to a nuclear site or an installation in or on such a site; or
property, rights and liabilities to which such a company is entitled or subject—
in respect of such a site or installation;
in connection with or by reference to activities carried on in or on such a site or installation; or
for purposes connected with that site or installation or with any such activities.
In subsection (3) references to the property, rights and liabilities of a company, or to which a company is entitled or subject, include references to the property, rights and liabilities of any of its wholly-owned subsidiaries.
This section applies in the case of a nuclear company (“the transferred company”) all the shares in which were transferred for the purposes of a management contract to the contractor or to a subsidiary of the contractor where—
the contractor is in breach of that contract; or
that contract has come to an end, whether by the expiry of the period for which it was in force or otherwise.
A nuclear transfer scheme may provide for the transfer to— of the property, rights and liabilities falling within subsection (3) that are set out in the scheme.
a publicly owned company,
the NDA, or
a consenting contractor,
The property, rights and liabilities that may be transferred are—
securities of the transferred company (whether transferred as mentioned in subsection (1) or issued afterwards);
property, rights and liabilities to which the transferred company was entitled or subject immediately before the transfer so mentioned;
property, rights and liabilities transferred for the purposes of the management contract, to the contractor, to a subsidiary of the contractor or to the transferred company or a wholly-owned subsidiary of the transferred company;
property, rights and liabilities to which the transferred company or a wholly-owned subsidiary of the transferred company first became entitled or subject while that contract was in force.
Subsection (3) does not apply to property, rights or liabilities to the extent that they have been excluded from that subsection by—
provision contained in an agreement between the NDA and the person entitled to or subject to them; or
provision contained in a nuclear transfer scheme by virtue of which the property, rights and liabilities or the shares mentioned in subsection (1) were vested in any person.
A transfer is authorised by this section notwithstanding that what is transferred has ceased, before the transfer, to be the property or a right or liability—
of a person to whom anything was transferred for the purposes of the management contract mentioned in subsection (1);
of the transferred company or of a wholly-owned subsidiary of that company; or
in the case of securities issued after the transfer mentioned in that subsection, of the person to whom they were issued.
Nothing in this section authorises the transfer of property, rights or liabilities from a company at a time when it is publicly owned.
For the purposes of this section a person is a consenting contractor, in relation to a nuclear transfer scheme, if—
he is a contractor under a management contract other than the one that has been broken or come to an end; and
he has consented to the provisions of the scheme so far as they relate to him.
In this section—
Subject to paragraph 3(6), a strategy prepared or revised by the NDA has effect only if it is approved—
by the Secretary of State; and
to the extent that it relates to responsibilities of the NDA falling within section 6(2), also by the Scottish Ministers.
Before— the NDA must consult the persons listed in sub-paragraph (2). Those persons are— In preparing, reviewing or revising its strategy the NDA must have regard to— This paragraph does not apply to a revision made for the purpose only of giving effect to directions under paragraph 5(7). In this paragraph references to a designated installation, designated site or designated facility include references to an installation, site or facility designated by a direction which is not yet in force.
This paragraph applies where a draft of the NDA’s plan for a financial year, or of a revision of such a plan, is submitted for approval— The submission must be accompanied by a report by the NDA of the representations about the contents of its plan or revision that it received in the course of its preparation. Before determining whether or not to approve anything relating to responsibilities mentioned in section 6(3), the Secretary of State must consult the Scottish Ministers. The Secretary of State must also consult the Scottish Ministers before approving anything relating to proposals for the non-processing treatment, the storage or the disposal of hazardous materials if it appears to him that the proposals would have an effect (notwithstanding that they relate only to England and Wales)— If— it takes effect, in relation to the financial year to which it relates, as an approved plan of the NDA. If it is not so approved, the NDA must— Where the NDA makes modifications of a plan for the purpose of resubmitting it, it must do so in accordance with any directions given to it— Before giving a direction under sub-paragraph (7), the Secretary of State or (as the case may be) the Secretary of State and the Scottish Ministers must consult — In this paragraph “non-processing treatment” has the same meaning as in section 6.
An accounting period of the NDA or of an NDA company ends (if it would not otherwise do so)— An accounting period of a company which— ends (if it would not otherwise do so) when it becomes an NDA company. An accounting period of a company which— ends (if it would not otherwise do so) when it ceases to be an NDA company.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This paragraph applies for the purposes of corporation tax where— Trading losses attributable to the exempt activities carried on by the company before the coming into force of the scheme shall be treated, in relation to accounting periods beginning at or after that time, as extinguished. For the purpose of determining the extent to which trading losses incurred by a company are attributable to exempt activities, such apportionments of receipts, expenses, assets and liabilities shall be made as may be just.
This paragraph applies for the purposes of the 1992 Act where the NDA or a subsidiary of the NDA disposes of an asset which— No amount shall be allowable as a deduction under section 38(1)(a) or (b) of the 1992 Act (acquisition and enhancement costs) in the computation of the gain accruing on the disposal. Accordingly, in a case where the disposal is one which under any enactment is treated as a disposal on which neither a gain nor a loss accrues to the NDA or its subsidiary, the consideration for the disposal shall be treated as equal to the amount allowable as a deduction from that consideration under section 38(1)(c) of the 1992 Act (incidental costs of disposal). This paragraph does not apply in the case of a disposal which under paragraph 29 is to be treated as a disposal on which neither a gain nor a loss accrues to the NDA or a subsidiary of the NDA.
This paragraph applies where— For the purposes of the allowances and charges provided for by the 2001 Act, the trade is not to be treated as permanently discontinued, nor a new trade as set up; but sub-paragraphs (3) and (4) of this paragraph are to apply. There are to be made to or on the NDA or (as the case may be) its subsidiary, in accordance with the 2001 Act, all such allowances and charges as would, if the transferor company had continued to carry on the trade, have fallen to be made to or on that company. The amounts of those allowances and charges are to be computed as if— but so that transfers in accordance with the section 39 scheme, so far as they relate to assets in use for the purposes of the trade, shall not be treated as giving rise to an allowance or charge.
For the purposes of Part 2 of the 2001 Act references in that Part to a transaction (however described) between connected persons (within the meaning of section 839 of the Taxes Act) are not to include references to a transfer of anything in accordance with a section 39 scheme to the NDA or a subsidiary of the NDA.
Where— the transfer of that asset is to be treated for the purposes of Schedule 29 to the Finance Act 2002 as a tax neutral transfer. Where, in the case of a transfer in accordance with a section 39 scheme of any property to the NDA or a subsidiary of the NDA— that asset shall be treated as acquired by the NDA or its subsidiary for an amount equal to the amount of the consideration determined for the purposes of paragraph 3(2) of this Schedule. Expressions used in this paragraph and in Schedule 29 to the Finance Act 2002 have the same meanings in this paragraph as in that Schedule.
This paragraph applies for the purposes of the 1992 Act where an asset is transferred by a transfer to which this Part of this Schedule applies. The asset shall be treated as disposed of to the transferee for a consideration of such amount as would secure that, on the disposal, neither a gain nor a loss accrues to the transferor.
This paragraph applies where— For the purposes of Part 2 of the 2001 Act (capital allowances for plant and machinery), the transferee is to be treated— The amount of that expenditure is to be treated as being the book value of the plant or machinery. For the purposes of the application of section 61 of that Act in relation to the transferor the disposal value of the plant or machinery is to be treated as being the book value of the plant or machinery. The references in this paragraph to the book value of the plant or machinery are references to the amount which, in accordance with generally accepted accounting practice (within the meaning of the Tax Acts)— Expressions used in this paragraph and in Part 2 of the 2001 Act have the same meanings in this paragraph as in that Part.
This paragraph applies if, in consequence of a transfer to which this Part of this Schedule applies, the transferee replaces a person as a party to a derivative contract. Schedule 26 to the Finance Act 2002 (c. 23) is to have effect in relation to the time when the transfer takes effect and any later time as if— Expressions used in this paragraph and in Schedule 26 to the Finance Act 2002 have the same meanings in this paragraph as in that Schedule.
This paragraph applies where, in consequence of a section 39 scheme— For the purpose of computing, in relation to the time when the scheme comes into force and subsequent times, the relevant trading profits or losses of the BNFL company and the transferee company— This paragraph is subject to paragraph 23. In this paragraph—
References to a company in the following enactments shall apply to the NDA—
sections 170 to 181 of the 1992 Act;
Part 8 of Schedule 29 to the Finance Act 2002 (c. 23).
The Police Authority may pay to each of its members such remuneration and allowances as the Secretary of State may determine.
Before the beginning of each financial year, the Police Authority must determine objectives for policing by the Constabulary during that year. The objectives must— In determining the objectives, the Police Authority must have regard to— Before determining the objectives, the Police Authority must consult the chief constable.
The first objectives that are required to be determined under paragraph 1, and the first plans or draft plans to be issued or prepared under paragraphs 2 and 3, must be determined, issued or prepared as if the references in this Part of this Schedule to a financial year were references to such period ending— as may be notified to the Police Authority by the Secretary of State.
not more than two years after the commencement of this Part of this Schedule, and
with a 31st March,
Civil Nuclear Police Authority.
The Civil Nuclear Police Authority. The chief constable of the Civil Nuclear Constabulary.
In section 23 of the Police Act 1996 (c. 16) (collaboration agreements), after subsection (7A) insert—
“nuclear material” has the same meaning as in Chapter 3 of Part 1 of the Energy Act 2004; “nuclear site” means a licensed nuclear site within the meaning of that Chapter; “nuclear material” has the same meaning as in Chapter 3 of Part 1 of the Energy Act 2004; In section 100(1) of that Act (jurisdiction of British Transport Police when assisting other forces), for paragraph (c) substitute—.
In section 16(6) (obligation to send copy of application to local authorities), for “any application being made” substitute “receipt of an application”.
In subsection (1) of section 21 (enforcement notifications), for “to whom an authorisation was granted under section 13 or 14” substitute “who holds an authorisation under section 13 or 14”. In subsection (4)(b) of that section, after “16(9)(b)” insert “or 16A(8)(d)”.
In section 24(1)(a) (applications that may be called in), for “or authorisations” substitute “, authorisations, transfers or variations”.
In each of paragraphs (c) and (d) of section 32(1) (offences relating to registrations and authorisations), for “to whom an authorisation under section 13 or 14 has been granted” substitute “who holds an authorisation under section 13 or 14”.
The Secretary of State may by regulations make provision for securing— The regulations may provide that the Secretary of State may give such directions dispensing with the requirements of the regulations as he considers appropriate. Where objections, or copies of objections, to an application have been sent to the Secretary of State in compliance with the regulations, the Secretary of State— In this paragraph “prescribed” means prescribed by regulations under this paragraph.
This paragraph applies in the case of— At any time after appointing a person to hold the inquiry (“the lead inspector”), the Secretary of State may direct him— After considering the recommendations of the lead inspector, the Secretary of State may— An additional inspector must— It is to be for the lead inspector to report to the Secretary of State on the consideration of both— The power of the Secretary of State to give directions to the lead inspector may be exercised on one or more different occasions after the appointment of the lead inspector. Accordingly— A direction by any person under this paragraph may be varied or revoked by a subsequent direction by that person.
A scheme under paragraph 1 shall, by virtue of this paragraph, have effect according to its terms. The modification under paragraph 1(4) of what would otherwise be a standard condition of a licence to which the scheme relates shall not prevent any other part of the condition which is not so modified being regarded as a standard condition for the purposes of Part 1 of the 1989 Act.
In this Schedule, references to an existing transmission licence are to a transmission licence which is in force immediately before the day on which section 136 comes into force.
This Schedule applies where—
the court has made an energy administration order in relation to a company (the “old energy company”); and
it is proposed that a transfer falling within section 155(3) be made to another company (the “new energy company”).
The provision that may be made by an energy transfer scheme includes the transfer of a relevant licence from the old energy company to the new energy company. Such a transfer may relate to the whole or any part of the licence. Where such a transfer relates to a part of the licence, the provision made under sub-paragraph (1) may include— References in this paragraph to a part of a licence are references to one or both of—
In relation to each provision of an energy transfer scheme for the transfer of property, rights or liabilities, or for the creation of interests, rights or liabilities— In this paragraph “the transferee”— In its application to Scotland, sub-paragraph (1) has effect with the omission of the words “without further assurance”.
Where there is a transfer in accordance with an energy transfer scheme of— the old energy company and the new energy company must each take all requisite steps to secure that the vesting of the foreign property, right or liability in the new energy company is effective under the relevant foreign law. Until the vesting of the foreign property, right or liability in the new energy company in accordance with the energy transfer scheme is effective under the relevant foreign law, the old energy company must— The old energy company must comply with any directions given to it by the new energy company in relation to the performance of the obligations under sub-paragraphs (1) and (2) of the old energy company. Nothing in sub-paragraphs (1) to (3) prejudices the effect under the law of a part of Great Britain of the vesting of a foreign property, right or liability in the new energy company in accordance with an energy transfer scheme. Where— the property, right or liability acquired or incurred shall immediately become the property, right or liability of the new energy company. The provisions of sub-paragraphs (1) to (5) shall have effect in relation to foreign property, rights or liabilities transferred to the new energy company under sub-paragraph (5) as they have effect in the case of property, rights and liabilities transferred in accordance with an energy transfer scheme. References in this paragraph to foreign property, or to a foreign right or liability, are references to any property, right or liability as respects which an issue arising in any proceedings would be determined (in accordance with the rules of private international law) by reference to the law of a country or territory outside Great Britain. Expenses incurred under this paragraph by a company as the company from which anything is transferred shall be met by the new energy company. An obligation imposed under this paragraph in relation to property, rights or liabilities shall be enforceable as if contained in a contract between the old energy company and the new energy company.
Where permission has been granted to bring an appeal against a decision to give a consent, an authorised member of the Commission may, on behalf of the Commission, direct that, pending the determination of the appeal— The power to give a direction under this paragraph is exercisable only where— That power is exercisable at any time before the determination of the appeal. A person making an application under this paragraph must notify GEMA. Before determining whether to grant an application under this paragraph, the authorised member of the Commission must give GEMA an opportunity of making representations about the matter. In this paragraph “consent” includes an approval or direction.
The group with the function of determining an appeal must determine that appeal before the end of thirty working days following the last day for the making of representations or observations by GEMA in accordance with paragraph 4. If the group with the function of determining an appeal is satisfied that there are good reasons for departing from the normal requirements, it may (on one occasion only) extend that period of thirty working days by not more than ten more working days. The Commission must ensure that an extension under sub-paragraph (2) is notified to every party to the appeal.
For the purposes of this Schedule an oral hearing may be held, and evidence may be taken on oath— and, for that purpose, such a person or group may administer oaths. The Commission may, by notice, require a person— At any oral hearing the person or group conducting the hearing may require— to give evidence or to make representations or observations. A person who gives oral evidence at the hearing may be cross-examined by or on behalf of any party to the appeal. If a person is not present at a hearing to be subjected to a requirement under sub-paragraph (3)— No person is to be compelled under this paragraph to give evidence which he could not be compelled to give in civil proceedings in the High Court or Court of Session. Where a person is required under this paragraph to attend at a place more than ten miles from his place of residence, the Commission must pay him the necessary expenses of his attendance. A notice for the purposes of this paragraph may be issued on the Commission’s behalf by any member of the Commission or by its secretary.
The Commission may make rules regulating the conduct and disposal of appeals under section 173. Those rules may include provision supplementing the provisions of this Schedule in relation to any application, notice, hearing or requirement for which this Schedule provides; and that provision may, in particular, impose time limits or other restrictions on— The Commission must publish rules made under this paragraph in such manner as it considers appropriate for the purpose of bringing them to the attention of those likely to be affected by them. Before making rules under this paragraph, the Commission must consult such persons as it considers appropriate. Rules under this paragraph may make different provision for different cases.
In this Schedule— References in this Schedule to a party to an appeal are references to—
It is for the energy administrator, while the energy administration order is in force, to act on behalf of the old energy company in the doing of anything that it is authorised or required to do by or under this Schedule.
“decommission”, in relation to an installation or an electric line, includes—
The NDA must— before the end of the twelve months beginning with the commencement of section 11.
prepare its first strategy, and
submit a draft of it for approval,
This paragraph applies where— The submission must be accompanied by a report by the NDA of the representations about the contents of its strategy, or of any revision of it, that it received in the course of the preparation of the strategy, or in connection with its proposal to revise it or to have the approval of the strategy renewed. Before determining whether or not to approve anything relating to responsibilities mentioned in section 6(3), the Secretary of State must consult the Scottish Ministers. The Secretary of State must also consult the Scottish Ministers before approving anything relating to proposals for the non-processing treatment, the storage or the disposal of hazardous materials if it appears to him that the proposals would have an effect (notwithstanding that they relate only to England and Wales)— If— it takes effect as the approved strategy of the NDA from the time of the giving of the approval. If it is not so approved, the NDA must— In preparing a modified strategy or revision for re-submission, the NDA must comply with every direction given to it with respect to any of the following matters— The persons by whom directions may be given under sub-paragraph (7) are— Before giving a direction under sub-paragraph (7), the Secretary of State and the Scottish Ministers or (as the case may be) the Secretary of State must consult— Nothing in this paragraph with respect to the giving of directions restricts— the Secretary of State or the Scottish Ministers may refuse approval without giving a direction. In this paragraph “non-processing treatment” has the same meaning as in section 6.
Before preparing or revising a plan the NDA must consult— In the case of a revision of a plan, the Secretary of State may allow the NDA to proceed without consulting one or more of the persons mentioned in sub-paragraph (1). In preparing or revising a plan the NDA must have regard to— In this paragraph references, in relation to the preparation or revision of a plan, to a designated installation, designated site or designated facility include references to an installation, site or facility designated by a direction which—
No qualifying charitable donations made— in connection with the carrying on of exempt activities are to be deductible from its total profits under Part 6 of the Corporation Tax Act 2010.
by the NDA, or
by an NDA company,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
No credit or debit shall be required or allowed, in respect of a transfer to which this Part of this Schedule applies, to be brought into account in BNFL’s case—
for the purposes of Chapter 2 of Part 4 of the Finance Act 1996 (c. 8) (loan relationships); or
for the purposes of Schedule 26 to the Finance Act 2002 (c. 23).
The Secretary of State may give directions to the Police Authority setting out objectives for that Authority for a financial year. The objectives may include— Before giving a direction under this paragraph, the Secretary of State must consult—
This paragraph applies where the Secretary of State considers that the Police Authority is failing— This paragraph also applies where a report under section 62 following an inspection states— Where this paragraph applies, the Secretary of State may give a direction requiring the Police Authority to take the particular steps specified in the direction for the purpose of remedying— Before giving a direction under this paragraph, the Secretary of State must—
GEMA may, on application, make a scheme providing for— property, rights or liabilities of an existing transmission licence holder. A scheme under sub-paragraph (1) (“a property arrangements scheme”) may also contain— The property, rights or liabilities which may be transferred by a property arrangements scheme include property, rights or liabilities which would not otherwise be capable of being transferred. If a property arrangements scheme provides for the division of an estate or interest in land and any rent is— the scheme may contain provision for apportionment or division so that one part is payable in respect of, or charged on, only one part of the estate or interest and the other part is payable in respect of, or charged on, only the other part of the estate or interest. A property arrangements scheme that contains provision which adversely affects a third party may also contain provision requiring the system operator or the relevant existing transmission licence holder to pay the third party compensation.
In those provisions—
for “administration application” in each place where it occurs substitute “energy administration application”;
for “administration order” in each place where it occurs substitute “energy administration order”;
for “administrator” in each place where it occurs substitute “energy administrator”;
for “enters administration” in each place where it occurs substitute “enters energy administration”;
for “in administration” in each place where it occurs substitute “in energy administration”;
for “purpose of administration” in each place where it occurs (other than in paragraph 111(1)) substitute “objective of the energy administration”.
“relevant waters” has the same meaning as in section 36A of the 1989 Act.
A nuclear transfer scheme may provide for the transfer from BNFL to the Secretary of State of—
the Nuclear Liabilities Investment Portfolio; or
so much of that Portfolio as may be specified in the scheme.
Nothing in this section authorises a transfer at a time when BNFL is no longer publicly owned.
Where cash is transferred to the Secretary of State by a transfer authorised by this section, he must pay it into the Consolidated Fund.
Where the Secretary of State receives— he must pay those sums into the Consolidated Fund.
sums by way of income on property or rights transferred to him by a transfer authorised by this section, or
sums in respect of the disposal of any such property or rights,
The Secretary of State must comply with every direction given to him by the Treasury with respect to— and (in a case where there is no applicable direction) the Secretary of State must not dispose of or exercise any property or rights with respect to which he may be given a direction except with the consent of the Treasury.
the disposal of property or rights transferred to him by a transfer authorised by this section; or
the exercise of any other right attached to, or arising in respect of, such property;
In this section “the Nuclear Liabilities Investment Portfolio” means property and rights to which BNFL is entitled and which appear to the Secretary of State, from BNFL’s published accounts, to represent assets held by BNFL for the purpose of being able to meet costs or liabilities for which the NDA has a financial responsibility under Chapter 1 of this Part.
This section applies where—
the Secretary of State has given an undertaking to a publicly owned company to make payments to that company or a subsidiary of that company; and
it appears to him that (apart from section 21(8)) the financial responsibilities of the NDA under Chapter 1 of this Part would make it unnecessary for those amounts to be paid.
The Secretary of State may extinguish the undertaking, and every liability of his that has arisen under the undertaking, with effect from such date as he may notify to the other parties to it.
Nothing in this section authorises the extinguishment of an undertaking at a time when the company to whom payments would fall to be made under the undertaking is not publicly owned.
The extinguishment of an undertaking under this section shall neither require nor enable any sum to be brought into account in any person’s case for the purposes of corporation tax.
In this section “undertaking” includes any agreement in which an undertaking to make payments is contained.
In relation to accounting periods beginning on or after the trigger date, all the relevant losses of every BNFL company arising before that date shall be treated for the purposes of corporation tax as extinguished.
The following are relevant losses of a BNFL company for the purposes of this section—
losses incurred by the company in a trade;
losses incurred by the company in a transaction a profit or gain from which would have been chargeable to tax under or by virtue of any provision to which section 1173 of the Corporation Tax Act 2010 (miscellaneous charges) applies;
excesses to be carried forward in the company’s case under section 1223 of the Corporation Tax Act 2009 (carrying forward expenses of management and other amounts);
losses incurred by the company in carrying on a UK property business (within the meaning given by Chapter 2 of Part 4 of the Corporation Tax Act 2009);
losses to be carried forward in the company’s case under section 66 of the Corporation Tax Act 2010;
any Type 4 carry-forward losses of the company falling within section 95(1) of the Corporation Tax Act 2010;
allowable losses (within the meaning of section 8 of the Taxation of Chargeable Gains Act 1992 (c. 12)) that have accrued to the company;
deficits of the kind mentioned in section 456(1) of the Corporation Tax Act 2009 to the extent that they are to be carried forward in the company’s case under section 457(1) of that Act;
excesses of the kind mentioned in section 260 of the Capital Allowances Act 2001 (c. 2) in relation to the company;
losses of the kind mentioned in paragraph 35(1) of Schedule 29 to the Finance Act 2002 (c. 23) incurred by the company;
unrelieved surplus advance corporation tax of the company (within the meaning of section 32 of the Finance Act 1998 (c. 36)).
This section applies to the relevant losses of a BNFL company only if it is publicly owned on the day before the trigger date.
In this section—
This section is to be construed as one with the Corporation Tax Acts.
Schedule 7 (which makes provision about the finances and accounts of publicly controlled companies to which property, rights and liabilities are transferred) has effect.
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (other disqualifying offices), insert (at the appropriate place)— “ Director of a publicly controlled company (within the meaning of Chapter 2 of Part 1 of the Energy Act 2004) to which transfers have been made in accordance with provisions of nuclear transfer schemes authorised by that Chapter. ”; and the corresponding amendment shall also be made in Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25).
Schedule 8 (which makes provision about pensions in connection with transfers affecting nuclear undertakings) has effect.
Schedule 9 (which makes taxation provision in relation to nuclear transfer schemes) has effect.
The Secretary of State shall have power to enter into agreements for the purpose of accepting or imposing such contractual obligations as he thinks fit with respect to—
nuclear transfer schemes and proposals for such schemes;
anything connected with such a scheme or proposal; or
the exercise of powers conferred on the Secretary of State or any other person by or under this Chapter.
The NDA and the UKAEA shall each have power to enter into agreements for the purpose of accepting or imposing such contractual obligations as it or they think fit with respect to—
nuclear transfer schemes and proposals for such schemes;
anything connected with such a scheme or proposal; or
the exercise of powers conferred on it or them, or any other person, by or under this Chapter.
The NDA and the UKAEA shall also each have power to do anything else which, in its or their opinion, is appropriate for facilitating—
a transfer which is or is proposed to be effected in accordance with a nuclear transfer scheme; or
any other transfer of property, rights or liabilities of the NDA or (as the case may be) the UKAEA which is or is proposed to be effected for purposes connected with the carrying out by any person of any functions conferred on that person by or under this Part.
Agreements entered into in exercise of the powers conferred by subsection (1) or (2) may, in particular, include provision for the making of payments (whether by way of consideration or otherwise)— in respect of anything transferred or created in accordance with a nuclear transfer scheme.
to the Secretary of State, or
to the NDA or the UKAEA,
The consent of the Treasury is required for the Secretary of State or the UKAEA to enter into an agreement in exercise of those powers.
The consent of the Secretary of State is also required for the UKAEA to enter into an agreement in exercise of those powers.
Before making any disposal of securities of a company in a case in which— the UKAEA must consult the Secretary of State.
the disposal is made in accordance with arrangements entered into by the UKAEA for purposes connected with the carrying out of its functions by the NDA,
those arrangements are not arrangements to which the Secretary of State has consented under subsection (6), and
in the opinion of the UKAEA, the disposal is one which they would not have power to make but for section 1(2) of the Atomic Energy (Miscellaneous Provisions) Act 1981 (c. 48) (disposal otherwise inconsistent with UKAEA functions),
Subsection (4) of section 1 of the Atomic Energy (Miscellaneous Provisions) Act 1981 (which limits the cases in which the UKAEA may make share disposals that are inconsistent with its functions) shall not apply—
to anything done by the UKAEA in exercise of powers conferred on them by or under this Chapter; or
to any disposal of securities in accordance with arrangements entered into by the UKAEA for purposes connected with the carrying out of its functions by the NDA.
Sums received by the Secretary of State in pursuance of an agreement under this section must be paid into the Consolidated Fund.
The powers conferred on the Secretary of State, the NDA and the UKAEA by this section—
are in addition to their powers apart from this section; and
are to be disregarded in determining the extent of those powers.
This section applies where the Secretary of State proposes to make a nuclear transfer scheme.
The transferor shall have the duty, within such period as the Secretary of State may allow— with all such information and other assistance as the Secretary of State may require for the purposes of, or in connection with, the making of the scheme.
to provide the Secretary of State, and
to secure, so far as practicable, that its subsidiaries provide the Secretary of State,
The duties of the transferor under this section are duties owed to the Secretary of State.
Those duties are to be enforceable by the Secretary of State in civil proceedings—
for an injunction;
for specific performance of a statutory duty under section 45 of the Court of Session Act 1988 (c. 36); or
for any other appropriate remedy or relief.
In this section “the transferor”, in relation to a nuclear transfer scheme, means a person from whom it is proposed that property, rights or liabilities are transferred by the scheme.
In this Chapter —
Expressions used in this Chapter and in Chapter 1 of this Part have the same meanings in this Chapter as in that Chapter.
For the purposes of this Chapter a body corporate is a publicly controlled company if it is a company limited by shares that is either publicly owned or is otherwise a company in which—
a person specified in subsection (4) holds a majority of the voting rights; or
two or more persons so specified, taken together, hold a majority of the voting rights.
The persons mentioned in subsection (3) are—
the Treasury;
a Minister of the Crown;
the NDA;
the UKAEA;
a publicly owned company; or
a nominee of a person falling within paragraphs (a) to (e).
In this section “company” means a company as defined in section 1(1) of the Companies Act 2006.
There shall be a body corporate to be known as the Civil Nuclear Police Authority (“the Police Authority”).
Schedule 10 (which makes further provision about the Police Authority) has effect.
It shall be the function of the Police Authority to secure the maintenance of an efficient and effective constabulary, to be known as the Civil Nuclear Constabulary (“the Constabulary”).
The primary function of the Constabulary is—
the protection of licensed nuclear sites which are not used wholly or mainly for defence purposes; and
safeguarding nuclear material in Great Britain and elsewhere.
The Police Authority may allocate to the Constabulary the function of carrying on such other activities relating to, or connected with, the security of— as the Police Authority thinks fit.
nuclear material, or
sites where such material is being, has been or is to be used, processed or stored,
The Constabulary shall have the function of carrying on such other activities as may be allocated to it by the Police Authority in accordance with directions given to that Authority for the purposes of this section by the Secretary of State.
The Secretary of State may give the Police Authority directions restricting the exercise of its powers under subsection (3).
Subject to the provisions of this Chapter, the Police Authority may do anything which appears to it to be likely to facilitate the carrying out of its functions, or to be incidental to carrying them out.
Nothing in this section limits what a member of the Constabulary may do in the exercise of the powers and privileges conferred on him by section 56.
The Police Authority—
must appoint a chief constable of the Constabulary and a deputy chief constable of the Constabulary; and
may appoint one or more assistant chief constables of the Constabulary.
Before appointing the deputy chief constable or an assistant chief constable, the Police Authority must consult the chief constable.
The chief constable, the deputy chief constable and every assistant chief constable are to be members of the Constabulary.
The approval of the Secretary of State is required for the making of an appointment under this section.
Schedule 11 (which makes provision about the removal and suspension of the chief constable and other senior officers) has effect.
In carrying out his functions in any financial year, the chief constable must have regard to—
the annual policing plan for that year issued by the Police Authority under paragraph 2 of Schedule 12; and
the three-year strategy plan ... issued by the Police Authority under paragraph 3 of that Schedule for a period that includes that year.
The deputy chief constable may perform a function of the chief constable—
while the chief constable is unable to act or unavailable;
during a vacancy in the office of chief constable; or
with the consent of the chief constable.
A consent for the purposes of subsection (2)(c) may be either general or specific.
The Police Authority may authorise an assistant chief constable to perform a function of the chief constable—
while both the chief constable and the deputy chief constable are unable to act or unavailable; or
while the offices of chief constable and deputy chief constable are both vacant.
At any one time, only one person may be authorised to act under subsection (4).
No person shall be entitled by virtue of subsection (2)(a) or (b) or an authorisation under subsection (4) to act for a continuous period exceeding three months, except with the consent of the Secretary of State.
The Police Authority may appoint persons to be members of the Constabulary.
Members of the Constabulary are to be employees of the Police Authority and (apart from the chief constable himself) under the direction and control of the chief constable.
A person appointed as a member of the Constabulary must, on appointment—
be attested as a constable by making the required declaration before a justice of the peace in England and Wales; or
make the required declaration before a sheriff or a justice of the peace in Scotland.
The required declaration is—
in the case of a declaration before a justice of the peace in England and Wales, the declaration required by section 29 of the Police Act 1996 (c. 16) in the case of a member of a police force maintained under that Act; and
in the case of a declaration before a sheriff or a justice of the peace in Scotland, a declaration faithfully to execute the duties of the office of a member of the Civil Nuclear Constabulary.
Subsection (2) is subject to any provision included in a police force collaboration agreement by virtue of section 23(4) of the Police Act 1996.
A member of the Constabulary shall have the powers and privileges of a constable—
at every place comprised in a relevant nuclear site; and
everywhere within 5 kilometres of such a place.
A member of the Constabulary shall have the powers and privileges of a constable at every trans-shipment site where it appears to him expedient to be in order to safeguard nuclear material while it is at the site.
A member of the Constabulary shall have the powers and privileges of a constable at every other place where it appears to him expedient to be in order to safeguard nuclear material which is in transit.
A member of the Constabulary shall have the powers and privileges of a constable at every place where it appears to him expedient to be in order to pursue or to detain a person whom he reasonably believes—
to have unlawfully removed or interfered with nuclear material being safeguarded by members of the Constabulary; or
to have attempted to do so.
A member of the Constabulary has the powers and privileges of a constable at every place where additional police services are being provided under section 55A.
A member of the Constabulary shall have the powers and privileges of a constable throughout Great Britain for purposes connected with—
a place mentioned in subsections (1) to (4);
anything that he or another member of the Constabulary is proposing to do, or has done, at such a place; or
anything which he reasonably believes to have been done, or to be likely to be done, by another person at or in relation to such a place.
This section has effect in United Kingdom waters adjacent to Great Britain as it has effect in Great Britain, but as if references to the powers and privileges of a constable were references to the powers and privileges of a constable in the nearest part of Great Britain.
In this section—
a person for the time being holding an appointment under section 36(3)(b) as the person with control of it;
Subject to what follows, the chairman and each of the other non-executive members is to hold and vacate office in accordance with the terms of his appointment. Each appointment must state the period for which it is made. That period must not exceed five years; but a person is eligible for re-appointment (on any number of occasions) from the end of a term of office. A non-executive member is not eligible to hold office as chief executive or otherwise to be a member of the staff of the NDA. A non-executive member may at any time resign his office as the chairman or as a member of the NDA (or both) by giving notice of his resignation to the Secretary of State. If the Secretary of State is satisfied that sub-paragraph (7) applies to the chairman or another non-executive member, the Secretary of State may, by giving him notice to that effect, remove him from office. This sub-paragraph applies to a person if— Before exercising his power under sub-paragraph (6), the Secretary of State must consult the Scottish Ministers. Oral notice is ineffective for the purposes of sub-paragraph (5) or (6).
Until the end of the initial period the NDA is to consist of just those members who have been appointed. As soon as practicable after his own appointment takes effect, the chairman must exercise the power to appoint a chief executive. Appointments of members other than the chairman and chief executive may be made during the initial period only after the appointment of the chief executive has taken effect. During the initial period the requirements of paragraph 9(1)— The chairman must ensure that proper records are kept of everything he does, while he is the only non-executive member, in the exercise or performance of powers or duties conferred or imposed on the non-executive members. In this paragraph “the initial period” means the period which begins with the commencement of so much of this Act as provides for the establishment of the NDA and ends with whichever of the following first occurs—
A decision of the NDA relating to a matter mentioned in sub-paragraph (2) is ineffective unless a majority of the members who— consisted of non-executive members. Those matters are— A decision by the NDA for regulating its own proceedings may determine what, for the purposes of this paragraph, constitutes an opportunity of participating in the decision-making process. A question for the purposes of this paragraph about whether a member— must be determined (if there are any) exclusively by reference to official minutes of the meeting or decision. For this purpose the official minutes of a meeting or decision are those made in accordance with the arrangements made under paragraph 12.
The NDA must make arrangements for the keeping of proper records of each of the following— The references in paragraphs 8 and 9 to arrangements for regulating the proceedings of the NDA include references to arrangements made under this paragraph with respect to such proceedings.
In Schedule 2 to the Parliamentary Commissioner Act 1967 (c. 13) (departments and authorities subject to investigation), at the appropriate place, insert— “ Nuclear Decommissioning Authority. ”
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public authorities for the purposes of that Act), at the appropriate place, insert— “ The Nuclear Decommissioning Authority. ”
The Secretary of State may by order make such modifications of— as he considers appropriate in relation to any provision made by or under this Chapter. An order under this paragraph may also make modifications of this Part of this Schedule. The power to make an order containing provision authorised by this paragraph is subject to the affirmative resolution procedure.
in relation to a generating station, have the same meanings as in Part 1 of the 1989 Act; and
The provisions of Schedule B1 to the 1986 Act specified in paragraph 2 of this Schedule are to have effect in relation to energy administration orders— Those provisions as modified by Part 2 of this Schedule are to have effect in the case of an unregistered company with the further modifications for which provision is made by or under Part 3 of this Schedule.
Those provisions of Schedule B1 to the 1986 Act are paragraphs 1, 40 to 50, 54, 59 to 68, 70 to 75, 79, 83 to 91, 98 to 107 and 109 to 116.
“installation” includes artificial island, structure and device;
In subsection (7) “designated defence site” means a site designated by order made by the Secretary of State as a site which appears to him to be used wholly or mainly for defence purposes.
An order under subsection (8) must be laid before Parliament after being made.
Where an order designating a site for the purposes of section 76(2) of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (jurisdiction of Atomic Energy Authority special constables) is in force immediately before the commencement of this section, that order shall have effect after the commencement of this section as an order made under and for the purposes of subsection (8).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Terrorism Act 2000 (c. 11) is amended as follows.
In section 44 (authorisation to stop and search in connection with terrorism)—
after subsection (4B) insert—;
in subsection (4C), after paragraph (b) insert or.
In section 46 (duration of authorisation), after subsection (2) insert—
Where a member of the Constabulary exercises in Scotland any power or privilege of a constable, Parts 1 and 2 of the Criminal Justice (Scotland) Act 2016 (in this section “the 2016 Act”) apply in relation to the exercise as though the power or privilege were exercised by a constable of the Police Service of Scotland.
For the purposes of subsection (1)—
in section 64 of the 2016 Act (police custody), references to a person arrested by a constable are to be read as including a person arrested by a member of the Constabulary,
section 69 of the 2016 Act (publication of information by police) does not apply.
The following apply, in Scotland, in relation to a member of the Constabulary as they apply in relation to a constable of the Police Service of Scotland—
Part 4 of the Age of Criminal Responsibility (Scotland) Act 2019 (in this section, “the 2019 Act”),
any regulations made or guidance issued under that Part.
Subsections (3) to (6) make further provision in relation to the application of Part 4 of the 2019 Act to members of the Constabulary.
References in Part 4 of the 2019 Act (however expressed) to constables of a particular rank are to be read, in relation to action taken or proposed to be taken by a member of the Constabulary, as references to a member of the Constabulary of the rank referred to.
References in the following sections of the 2019 Act to the chief constable are to be read as including reference to the chief constable of the Constabulary—
section 29(2)(a),
section 31(3)(a) and (5)(a),
section 57(4)(a).
The reference in section 33(1) of the 2019 Act to an enactment includes reference to an enactment which confers a power of the type described in that section on members of the Constabulary (whether or not the enactment also confers that power on constables of the Police Service of Scotland).
The reference in section 75(2) of the 2019 Act to a constable is to be read as including reference to a member of the Constabulary.
The Constabulary may, with the consent of the Secretary of State, provide additional police services to any person.
In this Chapter, “additional police services” means services relating to the protection of places, persons or materials.
In subsection (2), “place” includes—
premises, facilities or equipment at a place;
any vehicle, vessel, aircraft or hovercraft.
The Secretary of State must not give consent for the purposes of subsection (1) unless satisfied, on an application made by the Police Authority, that—
the provision of the additional police services in question is in the interests of national security,
the provision by the Constabulary of those services will not prejudice the carrying out of its primary function under section 52(2), and
it is reasonable in all the circumstances for the Constabulary to provide those services.
Before giving consent for the purposes of subsection (1), the Secretary of State must consult the chief constable.
The chief constable must ensure that the provision by the Constabulary of additional police services does not prejudice the carrying out of its primary function under section 52(2).
Consent given for the purposes of subsection (1)—
must specify the period of time (not exceeding 5 years) for which it has effect;
may, subject to subsections (8) and (9), be withdrawn at any time if the Secretary of State is no longer satisfied of the matters mentioned in subsection (4).
Where the Secretary of State proposes to withdraw consent given for the purposes of subsection (1), the Secretary of State must consult the Police Authority.
If, following consultation under subsection (8), the Secretary of State decides to withdraw consent given for the purposes of subsection (1), the Secretary of State must give such notice to the Police Authority as is reasonably practicable of the date on which the consent will cease to have effect.
The Police Authority may enter into an agreement with any person for the provision of additional police services by the Constabulary under this section.
The Police Authority must publish, as soon as is reasonably practicable and in such manner as the Authority considers appropriate—
the name of any person or persons to whom additional police services are to be provided under this section, and
(subject to subsections (12) and (13)) such information about the place or places at which those services are to be provided as the Police Authority considers may be published without prejudicing the interests of national security.
The Police Authority must consult the Secretary of State before publishing the information referred to in subsection (11)(b).
The Secretary of State may direct the Police Authority not to publish information about the place or places at which additional police services are to be provided where the Secretary of State considers that publication of the information would prejudice the interests of national security.
The Police Authority must comply with a direction given by the Secretary of State under subsection (13).
The chief constable may, on the application of the chief officer of a relevant force, provide members of the Constabulary or other assistance for the purpose of enabling that force to meet any special demand on its resources.
The policing body maintaining a relevant force for which assistance is provided under this section must pay to the Police Authority such charges—
as may be agreed between the policing body and the Police Authority, or
in the absence of any such agreement, as may be determined by the Secretary of State.
The chief constable must ensure that the provision of assistance under this section does not prejudice the carrying out of the primary function of the Constabulary under section 52(2).
In this section—
Where— the provision made by the Police Authority may differ from those regulations only so far as necessary to take account of differences relating to the structure and circumstances of the Constabulary.
the Police Authority makes provision about the government, administration or conditions of service of the Constabulary or its members or former members, and
the provision relates to matters which are the subject of regulations under section 50 of the Police Act 1996 (c. 16) (regulations about the government, administration and conditions of service of police forces),
Before making provision about the government, administration or conditions of service of the Constabulary or its members, the Police Authority must consult—
the chief constable;
the Civil Nuclear Police Federation; and
if the proposed provision relates to members of a rank-related association, that association.
This section applies where a member of the Constabulary serves with a relevant force under arrangements made between the chief officer of that force and the chief constable.
The member of the Constabulary—
shall be under the direction and control of the chief officer of the relevant force; and
shall have the same powers and privileges as a member of that force.
In this section—
For the purposes of this section, a member of the Constabulary who is provided for the assistance of a relevant force under section 55B is to be treated as serving with that force under arrangements of the kind mentioned in subsection (1).
A person falling within subsection (2) must pay to the Police Authority such charges (if any) in respect of services provided by the Constabulary as are—
agreed between that person and the Police Authority; or
in the absence of agreement, determined by the Secretary of State.
A person falls within this subsection if—
he is the owner or occupier of a site in respect of which services are provided by the Constabulary;
he is a person with an interest in, or with custody or control of, nuclear material in respect of which services are so provided; or
he is a person not falling within paragraph (a) or (b) who is the recipient of services provided by the Constabulary.
The Secretary of State may pay to the Police Authority such sums as are— in respect of services provided by the Constabulary to such persons as he may determine.
agreed between him and that Authority, or
in the absence of agreement, determined by the Secretary of State,
The services in respect of which charges or sums may be imposed or paid under this section include—
services which it is the duty of the Constabulary to provide; and
services which it is the duty of the person charged to have provided.
A member of the Constabulary serving with the National Crime Agency under arrangements to which subsection (2) applies shall—
be under the direction and control of the Director General of the National Crime Agency, and
continue to be a constable.
This subsection applies to arrangements made between the Director General of the National Crime Agency and the chief constable.
Schedule 12 (which makes provision about planning and reporting) has effect.
Her Majesty’s Inspectors of Constabulary must inspect the Constabulary from time to time.
Her Majesty’s Inspectors of Constabulary must also inspect the Constabulary if requested to do so by the Secretary of State either—
generally; or
in respect of a particular matter.
Before carrying out an inspection under this section wholly or partly in Scotland, Her Majesty’s Inspectors of Constabulary must consult the Scottish inspectors—
in the case of any inspection by virtue of subsection (1) or (2)(a), about the scope and conduct in Scotland of the proposed inspection; and
in any other case, about its conduct in Scotland.
Following an inspection under this section, Her Majesty’s Inspectors of Constabulary must report to the Secretary of State on the efficiency and effectiveness of the Constabulary either—
generally; or
in the case of an inspection under subsection (2)(b), in respect of the matter to which the inspection related.
A report under subsection (4) must be in such form as the Secretary of State may direct.
The Secretary of State must arrange for every report which he receives under subsection (4) to be published in such manner as appears to him to be appropriate.
The Secretary of State may exclude from publication under subsection (6) any part of a report if, in his opinion, the publication of that part—
would be against the interests of national security; or
might jeopardise the safety of any person.
The Secretary of State must send a copy of the published report—
to the Police Authority; and
to the chief constable.
The Police Authority must pay to the Secretary of State such amounts as he may determine in respect of an inspection carried out under this section.
The Secretary of State must pay sums received by him under subsection (9) into the Consolidated Fund.
In this section “the Scottish inspectors” means the inspectors of constabulary appointed under section 71(2) of the Police and Fire Reform (Scotland) Act 2012.
The Police Authority must comply with directions given by the Secretary of State under Schedule 13.
The Secretary of State must exercise his powers under this Chapter in such manner, and to such extent, as appears to him best calculated to promote the efficiency and effectiveness of the Constabulary.
The Police Authority must pay to the Secretary of State such amounts as he may determine in respect of things done by him for or in relation to the Authority or its employees in connection with matters relating to security.
The Secretary of State must pay sums received by him under subsection (3) into the Consolidated Fund.
The Secretary of State may approve a body (whether corporate or unincorporate) as the body approved to carry out the functions conferred by this section.
The body approved by the Secretary of State shall be known as the Civil Nuclear Police Federation.
The function of the Civil Nuclear Police Federation shall be to represent members of the Constabulary (other than senior officers) in all matters affecting their welfare and efficiency.
Those matters do not include—
the promotion in rank of particular individuals; or
(except to the extent provided in subsection (5)) discipline matters affecting particular individuals.
The Civil Nuclear Police Federation may represent a member of the Constabulary (other than a senior officer)—
at disciplinary proceedings conducted in accordance with arrangements made by the Police Authority; or
on an appeal under any such arrangements from a decision in such proceedings.
But representation under subsection (5) must comply with any restrictions imposed by section 66.
Except so far as otherwise authorised by the Secretary of State, the Civil Nuclear Police Federation must be entirely independent of, and unassociated with, bodies and other persons who are without appropriate police connections.
But it may employ in an administrative or advisory capacity persons who are without appropriate police connections.
An authorisation for the purposes of subsection (7)—
may be given either conditionally or unconditionally; and
may be varied or revoked at any time.
Only the following have appropriate police connections for the purposes of this section—
persons within the service of the Constabulary, of the Ministry of Defence Police, of the British Transport Police Force, of a police force for a police area in England and Wales, of the Police Service of Scotland or of the Police Service of Northern Ireland;
persons not falling within paragraph (a) who are members of or employed by the Police Authority;
a federation referred to in section 59 of the Police Act 1996 (c. 16), section 3 of the Ministry of Defence Police Act 1987 (c. 4) or section 39 of the Railways and Transport Safety Act 2003 (c. 20) (police federations);
the Police Association for Northern Ireland;
a rank-related association;
a body recognised under, and for the purposes specified in, section 64(5) of the Police Act 1996 or section 35(4) of the Police (Northern Ireland) Act 1998 (c. 32) (recognition of other bodies for trade union purposes).
The Secretary of State may approve one or more bodies (whether corporate or unincorporate) as bodies approved to carry out the functions conferred by this section.
A body approved by the Secretary of State under this section shall be known as a rank-related association.
The function of a rank-related association shall be to represent, in all matters affecting their welfare and efficiency, members of the Constabulary who—
are not members of the Civil Nuclear Police Federation or of another rank-related association; and
hold such ranks as may be specified in the approval given for the purposes of this section by the Secretary of State.
Those matters do not include—
the promotion in rank of particular individuals; or
(except to the extent provided in subsection (5)) discipline matters affecting particular individuals.
A rank-related association may represent a member of the association—
at disciplinary proceedings conducted in accordance with arrangements made by the Police Authority; or
on an appeal under any such arrangements from a decision in such proceedings.
But representation under subsection (5) must comply with any restrictions imposed by section 66.
Except so far as otherwise authorised by the Secretary of State, a rank-related association must be entirely independent of, and unassociated with, bodies and other persons who are without appropriate police connections.
But it may employ in an administrative or advisory capacity persons who are without appropriate police connections.
An authorisation for the purposes of subsection (7)—
may be given either conditionally or unconditionally; and
may be varied or revoked at any time.
In relation to a rank-related association, only the following have appropriate police connections for the purposes of this section—
persons within the service of the Constabulary, of the Ministry of Defence Police, of the British Transport Police Force, of a police force for a police area in Great Britain or of the Police Service of Northern Ireland;
persons not falling within paragraph (a) who are members of or employed by the Police Authority;
the Civil Nuclear Police Federation;
another rank-related association;
a federation referred to in section 59 of the Police Act 1996 (c. 16), section 3 of the Ministry of Defence Police Act 1987 (c. 4) or section 39 of the Railways and Transport Safety Act 2003 (c. 20) (police federations);
the Police Association for Northern Ireland;
a body recognised under, and for the purposes specified in, section 64(5) of the Police Act 1996 or section 35(4) of the Police (Northern Ireland) Act 1998 (c. 32) (recognition of other bodies for trade union purposes).
This section applies where disciplinary proceedings conducted in accordance with arrangements made by the Police Authority may lead to a member of the Constabulary who is not a senior officer being—
dismissed;
required to resign; or
reduced in rank.
The member of the Constabulary must be given an opportunity to elect to be legally represented—
in those proceedings; and
on any appeal under the arrangements.
If he so elects, he may be represented, at his option, by counsel or by a solicitor.
The member of the Constabulary, if he is not legally represented, may be represented in the proceedings or on an appeal only by a person who is—
a member of the Constabulary;
a member of a police force maintained under the Police Act 1996 (c. 16);
a constable of the Police Service of Scotland;
a constable of the British Transport Police Force; or
a member of the Ministry of Defence Police.
A member of the Constabulary must not be a member of—
a trade union; or
an association whose objects are or include controlling or influencing the pay, pensions or conditions of service of members of the Constabulary.
Subsection (1) does not prevent a member of the Constabulary—
from being a member of the Civil Nuclear Police Federation;
from being a member of a rank-related association; or
with the consent of the chief constable, from continuing to be a member of a trade union to which he belonged before becoming a member of the Constabulary.
In this section “trade union” has the meaning given by section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52).
The references in section 89(1) and (2) of the Police Act 1996 ... (assaults on constables) to a constable in the execution of his duty shall have effect as if they included references to a member of the Constabulary who—
is exercising any of the powers or privileges conferred on him by section 56; or
is otherwise performing his duties under the direction and control of the chief constable or as an employee of the Police Authority.
Section 90 of the Police Act 1996 (impersonation of member of a police force) shall have effect as if the references to a member of a police force included references to a member of the Constabulary.
In section 91 of the Police Act 1996 (causing disaffection), for subsection (2) substitute—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in subsection (1)(b) (wearing a police uniform without permission), after “without” insert “being a member of the Civil Nuclear Constabulary or having”; and
in subsection (3), after “police authority” insert “or by the Civil Nuclear Police Authority”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In any enactment—
references to a person’s being in the custody of a constable, or to his being detained in the charge of a constable, include references to his being detained by a member of the Constabulary in the exercise of any of the powers or privileges conferred on him by section 56; and
references to a person’s accompanying a constable include references to his accompanying a member of the Constabulary.
Schedule 14 (which contains minor amendments relating to the Constabulary) has effect.
The Secretary of State may by order make such modifications of subordinate legislation as appear to him to be appropriate in consequence of any provision of this Chapter.
Orders under subsection (2) are subject to the negative resolution procedure.
The Secretary of State must make a nuclear transfer scheme providing for the transfer to the Police Authority of—
the employees of the UKAEA who are members of the UKAEA Constabulary;
such other persons employed by the UKAEA for purposes connected with that Constabulary as he considers appropriate;
such property held by the UKAEA for purposes connected with the activities of members of the UKAEA Constabulary as he considers appropriate; and
such rights and liabilities of the UKAEA relating to any of those activities, or to any such property, as he considers appropriate.
The nuclear transfer scheme that provides for the transfer of members of the UKAEA Constabulary to the Police Authority must provide for the transfer to the Police Authority, at the same time, of everyone who immediately before that time is employed by the UKAEA exclusively for purposes connected with that Constabulary.
Chapter 2 of this Part shall have effect as if the nuclear transfer scheme required by this section were a scheme authorised by section 39 but did not require the consent of the Police Authority to any of its provisions.
From the date on which the nuclear transfer scheme required by this section comes into force, the members of the UKAEA Constabulary who are transferred by the scheme shall hold office as members of the Constabulary as if they had—
been appointed by the Police Authority in accordance with section 55; and
on appointment made the declaration required by that section.
In this section “members of the UKAEA Constabulary”, in relation to a nuclear transfer scheme, means persons who, on the date on which the scheme comes into force, are special constables appointed on the nomination of the UKAEA under section 3 of the Special Constables Act 1923 (c. 11).
In this Chapter—
References in this Chapter to the functions of the Police Authority include references to securing that the functions of the Constabulary are carried out.
Any power of the Secretary of State under this Chapter to give directions— includes power to impose restrictions, confer functions, require objectives to be met or impose obligations at or in relation to places outside Great Britain.
restricting the exercise by the Police Authority of its powers,
requiring functions to be carried out or objectives to be met by the Constabulary or the Police Authority, or
imposing obligations on the Police Authority or any of its members or employees,
Regulations under subsection (1) are subject to the negative resolution procedure.
Where regulations under subsection (7) of section 76 of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (jurisdiction of Atomic Energy Authority special constables) prescribing material to be treated as nuclear material for the purposes of that section are in force immediately before the commencement of this section, those regulations shall have effect after the commencement of this section as regulations made under and for the purposes of subsection (1).
After section 16 of the 1993 Act (grant of authorisations) insert—
In section 17 of the 1993 Act (revocation and variation of authorisations), after subsection (2) insert—
After section 17 of the 1993 Act insert—
Schedule 15 (which contains further amendments of the 1993 Act in connection with the provision made by sections 72 to 74) has effect.
The Secretary of State may by order make the modifications of the enactments to which this section applies that he considers appropriate for the purpose—
of facilitating the ratification by Her Majesty’s Government in the United Kingdom of an international Protocol (whether entered into before or after the passing of this Act) that relates to liability for nuclear damage; or
of exercising an option under such a Protocol, or of facilitating the exercise of such an option.
The enactments to which this section applies are—
the 1965 Act; and
any other enactment having effect in relation to a matter to which such a Protocol relates.
The following are the only international Protocols which are to be taken for the purposes of this section to be Protocols relating to liability for nuclear damage—
the Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention of 21st September 1988; and
any Protocol amending the Paris Convention or the Brussels Supplementary Convention.
In this section—
“additional police services” has the meaning given in section 55A(2);
In paragraph 3 of Schedule 1 to the Public Records Act 1958 (c. 51) (administrative and departmental records of certain bodies to be public records), in Part 2 of the Table, at the appropriate place, insert— “ Nuclear Decommissioning Authority. ”
The following provisions of the Scotland Act 1998 (c. 46) shall have effect as if the NDA were a cross-border public authority—
section 23(2)(b) (power of Scottish Parliament to require persons outside Scotland to attend and give evidence or produce documents);
section 70(6) (Scottish Parliament not to require preparation of accounts by cross-border public authorities whose accounts are otherwise audited); and
section 91(3)(d) (investigation of maladministration by cross-border public authorities in relation to Scottish matters).
blended biofuel;
The reference in subsection (1) to exercising an option under a Protocol is a reference to making provision the making of which, in connection with the matters to which the Protocol relates, is allowed by that Protocol.
The power under this section to modify enactments includes power to modify enactments conferring power to make subordinate legislation.
The power to make an order containing provision authorised by this section is subject to the affirmative resolution procedure.
Section 77 of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (regulation of security of civil nuclear industry) is amended as follows.
In subsection (1) (matters about which security regulations may be made), after paragraph (c) insert—.
For paragraph (d) of that subsection substitute—.
After subsection (6) insert—
In subsection (7) (interpretation of section)—
“enrichment of uranium” means a treatment of uranium that increases the proportion of isotope 235 contained in the uranium; “equipment” includes equipment that has not been assembled and its components;
in paragraph (a) of the definition of “sensitive nuclear information”, for the words from “any treatment” to “contained in the” substitute “ the enrichment of ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 27 of that Act (application of that Act to Northern Ireland) is amended as follows.
For subsection (1) substitute—
Subsections (2) and (3) shall cease to have effect.
In subsection (5), for paragraphs (a) to (c) substitute—
Subsection (6) shall cease to have effect.
There may be paid, out of money provided by Parliament, any expenditure incurred by the Secretary of State, with the consent of the Treasury, under or as a result of—
any option under which he or his nominee may acquire an undertaking or property from a British Energy company; or
any agreement entered into for the purpose of giving effect to the provisions of such an option, or of continuing or modifying their effect.
In this section “British Energy company” has the same meaning as in section 1 of the Electricity (Miscellaneous Provisions) Act 2003 (c. 9).
The functions of the UKAEA shall include—
power to carry on such activities as they consider appropriate in connection with anything that the NDA has a responsibility for securing under this Part;
power to enter into such arrangements with the NDA or any other person as they consider appropriate for that purpose; and
power for that purpose to develop and commercially to exploit an expertise in relation to things in which the NDA requires an expertise for the purpose of carrying out its functions.
In the case of responsibilities of the NDA in relation to an installation, site or facility it is immaterial for the purposes of subsection (1) that the UKAEA is not, for the purposes of Chapter 1 of this Part, the person with control of it.
The functions of the UKAEA shall also include —
power to manage and commercially to exploit any land or other property of theirs that is no longer required by them for or in connection with the carrying out of their other functions; and
power to carry on a business of providing services for the administration of—
nuclear pension schemes; and
such public service pension schemes as may be approved by the Secretary of State for the purposes of this subsection.
The UKAEA has power, for the purpose of carrying out its functions (whether conferred by this section or otherwise) to do all such things as appear to them to be likely to facilitate the exercise or performance of their powers and duties, or to be incidental to doing so.
The ways in which the UKAEA may carry out those functions include (by virtue of subsection (4)) carrying them out through subsidiaries and carrying them out in association with, or through arrangements with, other persons.
Subsection (5) of section 7 (things in which the NDA requires an expertise) has effect for the purposes of this section as it has effect for the purposes of subsection (4) of that section.
In this section—
Section 1 of the Sustainable Energy Act 2003 (c. 30) (annual reports on progress towards sustainable energy aims) is amended as follows.
After subsection (1) insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Secretary of State—
must prepare a strategy for the promotion of microgeneration in Great Britain; and
may from time to time revise it.
The Secretary of State—
must publish the strategy within 18 months after the commencement of this section; and
if he revises it, must publish the revised strategy.
In preparing or revising the strategy, the Secretary of State must consider the contribution that is capable of being made by microgeneration to—
cutting emissions of greenhouse gases in Great Britain;
reducing the number of people living in fuel poverty in Great Britain;
reducing the demands on transmission systems and distribution systems situated in Great Britain;
reducing the need for those systems to be modified;
enhancing the availability of electricity and heat for consumers in Great Britain.
Before preparing or revising the strategy, the Secretary of State must consult such persons appearing to him to represent the producers and suppliers of plant used for microgeneration, and such other persons, as he considers appropriate.
The Secretary of State must take reasonable steps to secure the implementation of the strategy in the form in which it has most recently been published.
For the purposes of this section “microgeneration” means the use for the generation of electricity or the production of heat of any plant—
which in generating electricity or (as the case may be) producing heat, relies wholly or mainly on a source of energy or a technology mentioned in subsection (7); and
the capacity of which to generate electricity or (as the case may be) to produce heat does not exceed the capacity mentioned in subsection (8).
Those sources of energy and technologies are—
biomass;
biofuels;
fuel cells;
photovoltaics;
water (including waves and tides);
wind;
solar power;
geothermal sources;
combined heat and power systems;
other sources of energy and technologies for the generation of electricity or the production of heat, the use of which would, in the opinion of the Secretary of State, cut emissions of greenhouse gases in Great Britain.
That capacity is—
in relation to the generation of electricity, 50 kilowatts;
in relation to the production of heat, 45 kilowatts thermal.
In this section—
In each of section 4AA of the Gas Act 1986 (c. 44) and section 3A of the 1989 Act (the principal objective and general duties of the Secretary of State and the Authority), in subsection (5)—
for the “and” at the end of paragraph (b) substitute—;
for “and shall” substitute “ and (so far as not otherwise required to do so by this subsection) shall ”.
The rights to which this section applies shall have effect as rights belonging to Her Majesty by virtue of this section.
This section applies to the rights under Part V of the Convention that are exercisable by the United Kingdom in areas outside the territorial sea—
with respect to the exploitation of those areas for the production of energy from water or winds;
with respect to the exploration of such areas in that connection; or
for other purposes connected with such exploitation.
The other purposes so connected include, in particular, the transmission, distribution and supply of electricity generated in the course of such exploitation.
The area within which the rights to which this section applies are exercisable (the “Renewable Energy Zone”)—
is any area for the time being designated under section 41(3) of the Marine and Coastal Access Act 2009 (exclusive economic zone), but
if Her Majesty by Order in Council declares that the Renewable Energy Zone extends to such other area as may be specified in the Order, is the area resulting from the Order.
The Secretary of State may by order designate the whole or a part of a Renewable Energy Zone as an area in relation to which the Scottish Ministers are to have functions.
Orders in Council under this section, and orders under subsection (5), are subject to the negative resolution procedure.
In this section—
Her Majesty may by Order in Council provide that acts and omissions which— are to be treated for the purposes of that law as taking place in that part.
fall within subsection (2), and
would, if they took place in a part of the United Kingdom, constitute an offence under the law in force in that part,
An act or omission falls within this subsection if it takes place on, under or above—
a renewable energy installation situated in waters to which this section applies; or
waters to which this section applies that are within a safety zone.
Her Majesty may by Order in Council provide that a constable is to have— all the powers and privileges that he has in the area of the force of which he is a member.
on, under and above a renewable energy installation situated in waters to which this section applies, and
on, under and above any waters to which this section applies that are within a safety zone,
Subsection (3) is in addition to any other enactment or any rule of law or subordinate legislation conferring a power or privilege on constables; and this section is to be disregarded in determining the extent of those other powers and privileges.
The waters to which this section applies are—
tidal waters and parts of the sea in or adjacent to Great Britain up to the seaward limits of the territorial sea; and
waters in a Renewable Energy Zone.
Proceedings for anything that is an offence by virtue only of an Order in Council under this section may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
In this section “subordinate legislation” includes an instrument made under an Act of the Scottish Parliament.
Subject to subsection (2), this section applies to an offence alleged to have been committed on, under or above—
a renewable energy installation situated in waters to which section 85 applies; or
waters to which section 85 applies that, at the time of the alleged offence, were within a safety zone.
This section does not apply to an offence created by or under—
the Health and Safety at Work etc. Act 1974 (c. 37);
the Customs and Excise Acts 1979, or any enactment that has to be construed as one with those Acts or any of them;
the Civil Aviation Act 1982 (c. 16) or any enactment that has to be construed as one with that Act;
section 23 of the Petroleum Act 1987 (c. 12);
the Pilotage Act 1987 (c. 21);
section 4, 29, 35, 36, 37 or 59 of the 1989 Act, or paragraph 3 of Schedule 7 to that Act;
the Value Added Tax Act 1994 (c. 23) or any enactment that has to be construed as one with that Act;
the Merchant Shipping Act 1995 (c. 21);
section 97 of this Act or Chapter 3 of this Part.
No proceedings for an offence to which this section applies shall be instituted—
in England and Wales, except by or with the consent of the Director of Public Prosecutions; or
in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland.
Subsection (3) does not require the consent of the Director of Public Prosecutions, or of the Director of Public Prosecutions for Northern Ireland, where the proceedings in question are proceedings for which the consent of the Attorney General, or of the Advocate General for Northern Ireland, is required apart from this section.
In relation to times before the coming into force of section 27(1) of the Justice (Northern Ireland) Act 2002 (c. 26), the reference in subsection (4) to the Advocate General for Northern Ireland is to be read as a reference to the Attorney General for Northern Ireland.
Section 3 of the Territorial Waters Jurisdiction Act 1878 (c. 73) (consents to prosecution of offences committed on the open sea by persons who are not British citizens) does not apply to proceedings for an offence to which this section applies.
Her Majesty may by Order in Council provide that questions arising out of— are to be determined in accordance with the law in force in such part of the United Kingdom as may be specified in the Order.
acts or omissions taking place on, under or above a renewable energy installation situated in waters to which this section applies, or
acts or omissions taking place on, under or above such waters in relation to a related line,
An Order in Council under this section may also make provision for conferring jurisdiction in proceedings with respect to questions of the kind mentioned in subsection (1) on courts in one or more parts of the United Kingdom.
Jurisdiction conferred on a court by an Order in Council under this section is in addition to any jurisdiction exercisable apart from that Order by that or any other court; and this section is to be disregarded in determining the extent of any jurisdiction so exercisable.
The waters to which this section applies are—
tidal waters and parts of the sea in or adjacent to Great Britain up to the seaward limits of the territorial sea; and
waters in a Renewable Energy Zone.
In section 410(3) of the Communications Act 2003 (c. 21) (which enables Orders in Council under section 11 of the Petroleum Act 1998 (c. 17) to extend certain communications legislation to offshore installations), after “1998” insert “ or section 87 of the Energy Act 2004 ”.
In this section—
An electric line, or a part of an electric line, falls within this subsection if it—
is used for the conveyance of electricity to or from a renewable energy installation;
is in the course of construction at a place where it is to be so used; or
has ceased to be so used (whether or not it is being decommissioned) and since ceasing to be so used has not been used for any other purpose.
An Order in Council under section 85 or 87 that makes provision falling within subsection (3) is subject to annulment in pursuance of a resolution of the Scottish Parliament (but may by virtue of subsection (2) be subject also to the negative resolution procedure).
An Order in Council under section 85 or 87 that makes provision not falling within subsection (3) is subject to the negative resolution procedure.
Provision falls within this subsection so far as it is provision that would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament.
“generate”, in relation to electricity, means generate at a relevant place;
“relevant place” means a place in Great Britain, in the territorial sea adjacent to Great Britain or in a Renewable Energy Zone; and “system” means a system the whole or a part of which is at a relevant place; and references in this section to premises are references to premises situated at a relevant place, or at a place that is not in a Renewable Energy Zone but is in an area designated under section 1(7) of the Continental Shelf Act 1964.
In section 6 of that Act (licences authorising supply etc.), after subsection (9) insert—
“generate”, in relation to electricity, has the meaning given by section 4(4) above, and cognate expressions shall be construed accordingly;
If the Secretary of State considers it appropriate to do so for purposes connected with offshore transmission or offshore distribution, he may—
modify the standard conditions of transmission licences or distribution licences;
modify, for purposes that in relation to modifications made under paragraph (a) are incidental, consequential or transitional purposes, the conditions of a particular transmission licence or a particular distribution licence;
modify a code maintained in accordance with the conditions of a transmission licence or a distribution licence; and
modify an agreement that gives effect to a code so maintained.
Before making a modification under this section, the Secretary of State must consult—
the holder of any licence being modified; and
such other persons as he considers appropriate.
Subsection (2) may be satisfied by consultation that took place wholly or partly before the passing of the Energy Act 2011.
The Secretary of State must publish every modification made by him under this section.
The publication must be in such manner as the Secretary of State considers appropriate.
Where the Secretary of State makes modifications under subsection (1)(a) of the standard conditions of licences of any type, GEMA must—
make (as nearly as may be) the same modifications of those standard conditions for the purposes of their incorporation in licences of that type granted after that time; and
publish the modifications in such manner as it considers appropriate.
A modification under subsection (1)(b) of part of a standard condition of a licence does not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of Part 1 of the 1989 Act.
The Secretary of State’s powers under this section are exercisable only during the eighteen months beginning with the passing of the Energy Act 2011.
In this section—
Expressions used in this section and in Part 1 of the 1989 Act have the same meanings in this section as in that Part.
This section applies where, at the commencement of this section, a transmission licence is in force that authorises a person to co-ordinate and direct the flow of electricity onto and over a transmission system by means of which electricity is transmitted within Great Britain, or within an area of Great Britain (the “co-ordination licence”).
The Secretary of State may make such modifications of the co-ordination licence as he considers appropriate for the purpose of applying the authorisation and conditions of the licence in relation to the transmission of electricity within one or both of the following—
an area of the territorial sea adjacent to Great Britain; and
an area designated under section 1(7) of the Continental Shelf Act 1964.
The modifications that may be made by the Secretary of State under subsection (2) include such modifications of the co-ordination licence (including modifications of the conditions included in it) as the Secretary of State considers appropriate for incidental, consequential or transitional purposes.
Where the Secretary of State considers it appropriate to do so for purposes that in relation to modifications made under subsection (2) are incidental or consequential purposes, he may make—
modifications of the conditions of a particular licence (other than the co-ordination licence);
modifications of the standard conditions of licences of any type.
Before making a modification under this section, the Secretary of State must consult—
the holder of any licence being modified; and
such other persons as he considers appropriate.
Subsection (5) may be satisfied by consultation that took place wholly or partly before the passing of the Energy Act 2011.
The Secretary of State must publish every modification made by him under this section.
The publication must be in such manner as the Secretary of State considers appropriate.
A modification under subsection (2) or (4)(a) of part of a standard condition of a licence does not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of Part 1 of the 1989 Act.
Where the Secretary of State makes modifications under subsection (4)(b) of the standard conditions of licences of any type, GEMA must—
make (as nearly as may be) the same modifications of those standard conditions for the purposes of their incorporation in licences of that type granted after that time; and
publish the modifications in such manner as it considers appropriate.
The Secretary of State’s powers under this section are exercisable only during the eighteen months beginning with the passing of the Energy Act 2011.
Expressions used in this section and in Part 1 of the 1989 Act have the same meanings in this section as in that Part.
After section 6B of the 1989 Act (applications for transmission licences) insert—
In section 36(1) of the 1989 Act (consent required for construction etc. of generating stations), after “constructed” insert “ at a relevant place (within the meaning of section 4), and a generating station at such a place shall not be ”.
Before paragraph 8 of Schedule 8 to that Act (procedure for consents under sections 36 and 37) insert—
In section 36(9) of that Act (definition of extension), after “land” insert “ or area of waters ”.
The functions conferred by virtue of this section on the Secretary of State are not to be exercisable by the Scottish Ministers, except in pursuance of an Order in Council made after the passing of this Act under section 63 of the Scotland Act 1998 (c. 46).
In section 29 of the 1989 Act (regulations relating to supply and safety), after subsection (1) insert—
In section 30 of that Act (electrical inspectors), after subsection (3) insert—
This section applies where—
there is a proposal to construct a renewable energy installation in waters subject to regulation under this section, or to extend or to decommission a renewable energy installation situated in such waters;
there is a proposal to operate a renewable energy installation on completion of its construction in such waters, or of any extension of it in such waters; or
a renewable energy installation is being constructed, extended, operated or decommissioned in such waters.
If the appropriate Minister considers it appropriate to do so for the purpose of securing the safety of— he may issue a notice declaring that such areas as are specified or described in the notice are to be safety zones for the purposes of this Chapter.
the renewable energy installation or its construction, extension or decommissioning,
other installations in the vicinity of the installation or the place where it is to be constructed or extended,
individuals in or on the installation or other installations in that vicinity, or
vessels in that vicinity or individuals on such vessels,
In this section and section 96 the “appropriate Minister” means— and otherwise means the Secretary of State (subject to section 13 of the Marine and Coastal Access Act 2009, which transfers certain functions of the Secretary of State to the Marine Management Organisation).
the Scottish Ministers, in relation to a renewable energy installation—
which is to be or is wholly in an area of Scottish waters or an area of waters in a Scottish part of a Renewable Energy Zone, and is not being or proposed to be extended outside those areas,
to which sub-paragraph (i) has ceased to apply because of an extension or proposed extension, if subsection (1B) applies, or
to the extent that it is to be or is in an area of Scottish waters or an area of waters in a Scottish part of a Renewable Energy Zone, if sub-paragraph (i) has ceased to apply because of an extension or proposed extension, and subsection (1B) does not apply,
the Welsh Ministers, in relation to a renewable energy installation which has, or will have, a capacity of 350 megawatts or less and—
which is to be or is in an area of Welsh waters, and is not being proposed to be extended outside those areas,
to which sub-paragraph (i) has ceased to apply because of an extension or proposed extension, if subsection (1D) applies, or
to the extent that it is to be or is in an area of Welsh waters, if sub-paragraph (i) has ceased to apply because of an extension or proposed extension, and subsection (1D) does not apply,
The power of the appropriate Minister to issue a notice under this section shall be exercisable by him either—
on an application made to him for the purpose by any person; or
where no such application is made, on his own initiative.
the Welsh Ministers, in relation to a renewable energy installation which has, or will have, a capacity of 350 megawatts or less and—
which is to be or is in an area of Welsh waters, and is not being proposed to be extended outside those areas,
to which sub-paragraph (i) has ceased to apply because of an extension or proposed extension, if subsection (1D) applies, or
to the extent that it is to be or is in an area of Welsh waters, if sub-paragraph (i) has ceased to apply because of an extension or proposed extension, and subsection (1D) does not apply,
Before issuing a notice under this section which relates, wholly or partly, to— the Secretary of State must consult the Scottish Ministers.
an area of Scottish waters, or
an area of waters in a Scottish part of a Renewable Energy Zone,
This subsection applies if there is an agreement in force between the Secretary of State and the Scottish Ministers providing for the Scottish Ministers to be the appropriate Minister in relation to the whole of the installation.
An area may be declared to be a safety zone only if it is an area of waters around or adjacent to a place where a renewable energy installation is to be, or is being, constructed, extended, operated or decommissioned; but a safety zone may extend to waters outside the waters subject to regulation under this section.
Where subsection (1B) applies, the Scottish Ministers must consult the Secretary of State about the exercise of their functions as the appropriate Minister.
A notice under this section—
must identify the renewable energy installation, or proposed renewable energy installation, by reference to which it is issued;
must specify the date on which it is to come into force, or the means by which that date is to be determined;
may contain provision by virtue of which the area of a safety zone varies from time to time by reference to factors specified in, or determinations made in accordance with, the provisions of the notice;
may contain provision imposing prohibitions on the carrying on in a safety zone of activities specified in, or determined in accordance with, the provisions of the notice, or for the imposition of such prohibitions;
may contain provision granting permission for vessels to enter or remain in a safety zone or for persons to carry on prohibited activities, or for the grant of such permissions;
may confer discretions, with respect to the making of determinations for the purposes of such a notice, on such persons as may be specified or described in the notice;
may modify or revoke a previous notice; and
may make different provision in relation to different cases.
This subsection applies if there is an agreement in force between the Secretary of State and the Welsh Ministers providing for the Welsh Ministers to be the appropriate Minister in relation to the whole of the installation.
Where a notice is issued under this section or a determination is made for the purposes of such a notice, the appropriate Minister must either—
himself publish the notice or determination in such manner as he considers appropriate for bringing it, as soon as is reasonably practicable, to the attention of persons likely to be affected by it; or
secure that it is published in that manner—
by the applicant for the notice; or
in the case of a determination made by a person other than the appropriate Minister, by the applicant for the notice or by the person who made the determination.
Where subsection (1D) applies, the Welsh Ministers must consult the Secretary of State about the exercise of their functions as the appropriate Minister.
References in this section to a determination for the purposes of a notice include references to a determination made for those purposes in accordance with the notice, or with regulations under section 96—
to impose a prohibition;
to grant a permission; or
to impose conditions in relation to a permission.
Schedule 16 (which makes provision about the procedure for the declaration of safety zones) has effect.
The waters subject to regulation under this section are—
waters in or adjacent to Great Britain which are between the mean low water mark and the seaward limits of the territorial sea; and
waters within a Renewable Energy Zone.
Before issuing a notice under this section which relates, wholly or partly, to an area outside the areas mentioned in subsection (4), the Scottish Ministers must consult the Secretary of State.
Before issuing a notice under this section which relates, wholly or partly, to Welsh waters, the Secretary of State must consult the Welsh Ministers.
Before issuing a notice under this section which relates, wholly or partly, to an area outside Welsh waters, the Welsh Ministers must consult the Secretary of State.
A vessel is not to enter or remain in a safety zone except where permission for it to do so is granted—
by or in accordance with provision contained in a notice under section 95; or
by or in accordance with provision contained in regulations made by the appropriate Minister.
A person must not carry on an activity wholly or partly in a safety zone if his doing so is prohibited by or in accordance with provision contained in a notice under section 95.
Subsection (2) does not apply to the extent that carrying on the activity is permitted—
by or in accordance with provision contained in such a notice; or
by or in accordance with provision contained in regulations made by the appropriate Minister.
The provision that may be made with respect to permissions for the purposes of this section includes—
provision for the permissions to apply in relation only to such times and such periods as may be specified or described in that provision; and
provision for the permissions to apply only to such vessels, such persons and such purposes as may be specified or described in that provision.
The provision that may be made with respect to a permission for the purposes of this section includes provision imposing conditions in relation to a permission.
The conditions may include—
conditions imposing obligations in relation to a vessel, or individuals on it, that must be satisfied while the vessel is in the safety zone; and
conditions imposing obligations as to the manner in which any activity to which the permission relates is to be carried on.
Regulations under this section may confer discretions, with respect to the granting or imposition in accordance with the regulations of permissions or conditions, on such persons as may be specified or described in the regulations.
Regulations under this section—
if made by the Secretary of State or the Welsh Ministers, are subject to the negative resolution procedure;
if made by the Scottish Ministers, are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).
Where a vessel enters or remains in a safety zone in contravention of section 96(1), the vessel’s owner and her master are each guilty of an offence.
Where— the vessel’s owner and her master are each guilty of an offence.
a vessel enters or remains in a safety zone with a permission granted for the purposes of section 96, and
there is a contravention of a condition of that permission in relation to the vessel or individuals on the vessel,
A person who carries on an activity wholly or partly in a safety zone in contravention of section 96(2) is guilty of an offence.
Where— that person is guilty of an offence.
a person carries on an activity wholly or partly in a safety zone with a permission granted for the purposes of section 96, and
there is a contravention of a condition of that permission in relation to the carrying on of that activity,
A person guilty of an offence under this section shall be liable—
on summary conviction, to a fine not exceeding the statutory maximum;
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
In proceedings against a person as the owner of a vessel for an offence under subsection (1) or (2), it is a defence for him to show that the existence of the safety zone—
was not known to the master of the vessel in question at the time of the offence; and
would not have become known to the master had he made reasonable inquiries before that time.
In any other proceedings against a person for an offence under this section, it is a defence for that person to show that the existence of the safety zone—
was not known to him at the time of the offence; and
would not have become known to him had he made reasonable inquiries before that time.
It is also a defence in proceedings against a person for an offence under this section for that person to show that he took all reasonable steps to prevent the contravention in question.
Where the commission of an offence under section 97 is due— that person is also guilty of that offence and shall be liable to be proceeded against and dealt with accordingly.
in the case of an offence under subsection (1) or (2) of that section, to an act or omission of a person other than the owner or master of the vessel in question, or
in the case of an offence under subsection (3) or (4) of that section, to an act or omission of a person other than the person carrying on the activity in question,
Where an offence under section 97 is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of— he (as well as the body corporate) is guilty of that offence and shall be liable to be proceeded against and dealt with accordingly.
a director, manager, secretary or other similar officer of the body corporate, or
a person who was purporting to act in any such capacity,
Where an offence under section 97— he (as well as the firm) is guilty of that offence and shall be liable to be proceeded against and dealt with accordingly.
is committed by a Scottish firm, and
is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner of the firm,
Where an offence under section 97 is committed outside of the United Kingdom, proceedings for the offence may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
Section 3 of the Territorial Waters Jurisdiction Act 1878 (c. 73) (consents to prosecution of offences committed on the open sea by persons who are not British citizens) does not apply to proceedings for an offence under section 97.
In this section “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
After section 36 of the 1989 Act insert—
Where an application for a declaration under section 36A of this Act is made with an application for a consent under section 36 of this Act, the application for the declaration shall be treated for the purposes of this Schedule as part of the application for the consent.
In section 3D of that Act (principal objective and general duties not to apply to Secretary of State’s functions under section 36 or 37), for “section 36 or 37” substitute “ sections 36 to 37 ”.
In subsection (1) of section 35 of the Coast Protection Act 1949 (c. 74) (operations not requiring consent under section 34), after paragraph (g) insert—.
After subsection (2) of that section insert—
This section applies where a consent falling within subsection (2) has been granted by the Secretary of State or the Scottish Ministers ...under section 36 of the 1989 Act (consent required for construction etc. of generating stations) before the commencement of section 99.
A consent falls within this subsection if it relates to—
the construction or operation of a generating station that comprises or is to comprise (in whole or in part) renewable energy installations situated in relevant waters; or
an extension of a generating station that comprises or is to comprise (in whole or in part) renewable energy installations so situated or an extension of such an installation.
On an application made by the generator, the appropriate authority may make a declaration under this section as respects rights of navigation—
so far as they pass through the places where the renewable energy installations are situated or are to be situated; or
so far as they pass through some of those places.
A declaration under this section is one declaring that the rights of navigation specified or described in it—
are extinguished;
are suspended for the period that is specified in the declaration;
are suspended until such time as may be determined in accordance with provision contained in the declaration; or
are to be exercisable subject to such restrictions or conditions, or both, as are set out in the declaration.
Subsections (4) to (6) of section 36A of the 1989 Act (declarations extinguishing etc. rights of navigation upon grant of consent under section 36 of that Act) shall apply in relation to declarations under this section as they apply in relation to declarations under that section, but with the omission of subsection (5)(c).
Before making a declaration under this section, the appropriate authority must—
publish details of the generator’s application in such manner as that authority considers appropriate;
give notice of that application to such persons as that authority considers appropriate;
consult the persons to whom notice has been given;
make such arrangements as that authority considers appropriate for a copy of the application to be made available for inspection by members of the public; and
give such opportunities to such persons as that authority considers appropriate to make representations to the authority about the application.
The appropriate authority may satisfy the requirements of paragraphs (a) to (d) of subsection (6) by securing that the things that it is required to do under those paragraphs are done on its behalf by the generator.
In this section—
"appropriate authority” has the same meaning as in section 36 of the Electricity Act 1989; “generator”, in relation to a consent under section 36 of the 1989 Act, means the person who is constructing or operating the station in question, or making the extension in question, or who is proposing to do so;
The property, rights and liabilities that may be transferred by a nuclear transfer scheme include— The transfers to which effect may be given by a nuclear transfer scheme include transfers of interests and rights that are to take effect in accordance with the scheme as if there were— as there would be, in the case of a transaction apart from this Act, by reason of a provision falling within sub-paragraph (3). A provision falls within this sub-paragraph to the extent that it has effect (whether under an enactment or agreement or otherwise) in relation to the terms on which the transferor is entitled or subject to anything to which the transfer relates. Sub-paragraph (5) applies where (apart from that sub-paragraph) a person would be entitled, in consequence of anything done or likely to be done by or under this Act in connection with a nuclear transfer scheme— That entitlement— Sub-paragraphs (2) to (5) have effect where shares in a subsidiary of the transferor are transferred—
In relation to each provision of a nuclear transfer scheme for the transfer of property, rights or liabilities, or for the creation of interests, rights or liabilities— Sub-paragraph (1) is subject to so much of a nuclear transfer scheme as provides for— to be effected by or under an agreement or instrument entered into or executed in pursuance of an obligation imposed by virtue of paragraph 4(1). In its application to Scotland, sub-paragraph (1) has effect with the omission of the words “without further assurance”.
Where there is a transfer in accordance with a nuclear transfer scheme of— the transferor and the transferee must take all requisite steps to secure that the vesting of the foreign property, right or liability in the transferee by this Act is effective under the relevant foreign law. Until the vesting of the foreign property, right or liability in the transferee in accordance with the scheme is effective under the relevant foreign law, the transferor must— Nothing in sub-paragraph (1) or (2) prejudices the effect under the law of a part of the United Kingdom of the vesting of any foreign property, right or liability in the transferee in accordance with a nuclear transfer scheme. Where— the property, right or liability acquired or incurred shall immediately become the property, right or liability of that other person. The provisions of sub-paragraphs (1) to (4) shall have effect in relation to foreign property, rights or liabilities transferred to a person under sub-paragraph (4) as they have effect in the case of property, rights and liabilities transferred in accordance with a nuclear transfer scheme. Where the transferor of foreign property, or of a foreign right or liability, is the NDA or the UKAEA— References in this paragraph to foreign property, or to a foreign right or liability, are references to any property, right or liability as respects which an issue arising in any proceedings would be determined (in accordance with the rules of private international law) by reference to the law of a country or territory outside the United Kingdom. Expenses incurred by a transferor under this paragraph shall be met by the transferee. An obligation imposed under this paragraph in relation to property, rights or liabilities shall be enforceable as if contained in a contract between the transferor and the transferee.
Where— the third party shall be entitled to such compensation as may be just in respect of the extinguishment of his entitlement. Where, in consequence of provisions included in a nuclear transfer scheme, the interests, rights or liabilities of a third party are modified as mentioned in sub-paragraph (3), the third party shall be entitled to such compensation as may be just in respect of— which is attributable to that modification. Those modifications are modifications by virtue of which— A liability to pay compensation under this paragraph shall fall on such persons mentioned in sub-paragraphs (5) and (6) as— Those persons are— Where in the case of a recovery scheme the transferor is not a publicly owned company, those persons also include— A liability to pay compensation under this paragraph must be apportioned between the persons liable to pay it in such manner as may be appropriate having regard to the extent of— Where compensation is paid by any person in connection with provisions of a recovery scheme, the person paying the compensation may, if and to the extent that the Secretary of State so directs, recover the amount paid from— A dispute as to— shall be referred to and determined by the person mentioned in sub-paragraph (10). That person is— In the preceding provisions of this paragraph “third party”, in relation to a nuclear transfer scheme, means a person other than the transferor or the transferee. This paragraph shall have effect in relation to— as it has effect in relation to the scheme but as if, in the case of a modification agreement, everyone who is not a party to the agreement were a third party.
In this Schedule— References in this Schedule to the modification of a pension scheme include references to the modification of any one or more of the following— For the purposes of this Schedule a body corporate is wholly-owned by the Crown if it is a company limited by shares and that company is one in which— Those persons are— A reference in this Schedule to a nuclear transfer scheme includes a reference to a modification agreement (within the meaning of Schedule 5). References in this Schedule to a person being eligible to become a participant in a pension scheme if he fulfils a condition— In this paragraph “company” has the same meaning as in the Companies Act 1985 (c. 6).
This paragraph applies for the purposes of the 1992 Act where there is a transfer of an asset to the NDA or a subsidiary of the NDA in accordance with a section 39 scheme. The asset shall be treated as disposed of to the NDA or (as the case may be) to its subsidiary for a consideration of such amount as would secure that, on the disposal, neither a gain nor a loss accrues to the transferor. This paragraph has effect subject to paragraph 4. This paragraph does not apply in relation to a transfer to the NDA or to a subsidiary of the NDA in accordance with a nuclear transfer scheme of securities of a company, in consequence of which that company ceases to be a relevant site licensee. In this paragraph “relevant site licensee” has the same meaning as in subsection (4) of section 27 (see subsection (5)).
This paragraph applies if— The 1992 Act is to have effect as if the NDA or (as the case may be) its subsidiary (and not the transferor) were the original creditor for those purposes.
This paragraph applies where— For the purposes of Part 2 of the 2001 Act (capital allowances for plant and machinery), the NDA or its subsidiary is to be treated— The amount of that expenditure is to be treated as being the book value of the plant or machinery. For the purposes of the application of section 61 of that Act in relation to the transferor the disposal value of the plant or machinery is to be treated as being the book value of the plant or machinery. The references in this paragraph to the book value of the plant or machinery are references to the amount which, in accordance with generally accepted accounting practice (within the meaning of the Tax Acts)— Expressions used in this paragraph and in Part 2 of the 2001 Act have the same meanings in this paragraph as in that Part.
This paragraph applies if, in consequence of a section 39 scheme, the NDA or a subsidiary of the NDA replaces a person as a party to a derivative contract. Schedule 26 to the Finance Act 2002 (c. 23) is to have effect in relation to the time when the transfer takes effect and any later time as if— Expressions used in this paragraph and in Schedule 26 to the Finance Act 2002 have the same meanings in this paragraph as in that Schedule.
This paragraph applies where, in consequence of a section 39 scheme— For the purpose of computing, in relation to the time when the scheme comes into force and subsequent times, the relevant trading profits or losses of the BNFL company and the NDA group member— This paragraph is subject to paragraph 11. In this paragraph—
In this Schedule— Before determining for the purposes of this Schedule whether an asset was comprised at a particular time in the Nuclear Liabilities Investment Portfolio, the Board must consult the Secretary of State. So far as it relates to corporation tax this Schedule is to be construed as one with the Corporation Tax Acts. So far as it relates to capital allowances this Schedule is to be construed as one with the 2001 Act.
The Police Authority may employ such persons as it may determine. Those persons are to be employed by the Police Authority on such terms and conditions, including terms and conditions as to remuneration, as the Police Authority determines. The Police Authority may— as it determines. This paragraph is subject to section 58 and any direction to the Police Authority under Schedule 13.
The Secretary of State may guarantee— The Secretary of State may give a guarantee under this paragraph in such manner, and on such terms, as he thinks fit. As soon as practicable after giving a guarantee under this paragraph, the Secretary of State must lay a statement of the guarantee before Parliament. If sums are paid out by the Secretary of State under a guarantee given under this paragraph, the Police Authority must pay him— Payments to the Secretary of State under sub-paragraph (4) must be made at such times, and in such manner, as he may from time to time direct. Where a sum has been paid out by the Secretary of State under a guarantee given under this paragraph, he must lay a statement relating to that sum before Parliament— In relation to a sum paid out under a guarantee, a financial year is a relevant financial year for the purposes of sub-paragraph (6) unless— The consent of the Treasury is required—
The Police Authority must— A statement of accounts prepared under this paragraph must give a true and fair view of— Such a statement of accounts must comply with every requirement which has been notified by the Secretary of State to the Police Authority. Those requirements may include, in particular, requirements relating to— The approval of the Treasury is required for the imposition of a requirement under sub-paragraph (3). The accounts of the Police Authority relating to each of its accounting years, including the statement of accounts prepared for the year under this paragraph, must be audited by the Comptroller and Auditor General. The Comptroller and Auditor General must send a copy of his report on what he is required to audit to the Police Authority. The Police Authority must send to the Secretary of State, in respect of each of its accounting years— The Secretary of State must lay a copy of whatever is sent to him under sub-paragraph (8) before Parliament. In this paragraph—
The Civil Nuclear Police Authority
Before the beginning of each financial year, the Police Authority must issue a plan setting out the Police Authority’s medium and long term strategies for policing by the Constabulary during the three year period beginning with that year (the “three-year strategy plan”). Before a three year strategy plan for any period is issued, a draft of a plan for that period must have been— Before the Police Authority issues a three-year strategy plan which differs from the draft submitted by the chief constable, it must consult him. The Police Authority must— The reference in sub-paragraph (1) to a three year period is a reference to a period of three successive financial years.
Whenever he is required to do so by the Police Authority, the chief constable must submit to it a report— as it may specify. The Police Authority may— If it appears to the chief constable that a report required from him under this paragraph would contain— he may request the Police Authority to refer its requirement for a report to the Secretary of State. Where a request is made under sub-paragraph (3), the requirement for the report has effect only to the extent that it is confirmed by the Secretary of State.
In this Part of this Schedule “reporting year”, in relation to the Police Authority or the chief constable, means— In this paragraph “the initial reporting year” means—
Any person aggrieved by a determination of GEMA under this Schedule may apply to the Competition Appeal Tribunal for a review of the determination. Subject to sub-paragraph (3), no application under sub-paragraph (1) may be made after the end of the period of 7 days beginning with the day on which the determination is made. Where GEMA has made a property arrangements scheme, an application under sub-paragraph (1) may be made in respect of a determination relating to the scheme at any time before the end of the period of 7 days beginning with the day on which the scheme is made. On an application under sub-paragraph (1), the Competition Appeal Tribunal may—
“nuclear site licence” has the same meaning as in the 1965 Act;
This paragraph applies where— The Tribunal may include in the order provision requiring GEMA to make a property arrangements scheme in relation to that property, or those rights or liabilities. Where paragraph 4 applies because of provision under this paragraph, anything the Tribunal has determined shall be treated for the purposes of that paragraph as determined by GEMA.
This paragraph applies where— Where the Tribunal’s determination is that provision of the kind mentioned in paragraph 1(1) is not, in relation to the property, rights or liabilities concerned, necessary or expedient for implementation purposes, it may include in the order provision quashing the scheme. In any other case, the Tribunal may include in the order—
This paragraph applies where— The Tribunal may include in the order such provision as it thinks fit for the purpose of doing justice between— in the light of its determination. Without prejudice to the generality of sub-paragraph (2), the Tribunal may include in the order—
An order under paragraph 10(4)(b) may include provision for the award of interest at such rate and for such period as the Competition Appeal Tribunal thinks fit.
Section 120(6) to (8) of the Enterprise Act 2002 (c. 40) (appeal with leave on point of law from decision of Competition Appeal Tribunal to Court of Appeal or Court of Session) shall apply in relation to decisions of the Tribunal under this Schedule as they apply in relation to decisions under that section.
Schedule 13 to the Civil Aviation Act 1982 (c. 16) (subordinate instruments) is amended as follows.
In the Table in Part 2 (provisions applying to certain powers), in the entry for section 60, in column 4 (applicable paragraphs of Part 3 of the Schedule), for “and 6” substitute “ , 6 and 7 ”.
In paragraph 6 of Part 3 (extra-territorial provisions), in sub-paragraph (4) for “sub-paragraph (5)” substitute “ sub-paragraphs (5) and (7) ”.
After sub-paragraph (6) of that paragraph insert—
After that paragraph insert—
The 1989 Act is amended as follows.
In section 61(2) (concurrent proceedings for compulsory purchase and in respect of consents under section 36 of that Act), at the end insert “ and with any related proceedings under Schedule 16 to the Energy Act 2004 ”.
In section 62(3) (power to combine inquiries)—
in paragraph (a), after “this Part” insert “ or Schedule 16 to the Energy Act 2004 ”; and
in paragraph (b), after “this Part” insert “ , that Schedule ”.
In section 64(1) (interpretation of Part 1)—
“construct” and “construction”, in relation to so much of a generating station as comprises or is to comprise renewable energy installations, has the same meaning as in Chapter 2 of Part 2 of the Energy Act 2004;
“renewable energy installation” and “Renewable Energy Zone” have the same meanings as in Chapter 2 of Part 2 of the Energy Act 2004;
After section 108 insert—
In section 8 of the Continental Shelf Act 1964 (c. 29) (application of Submarine Telegraph Act 1885 to pipelines and submarine cables)—
in subsection (1), omit “high-voltage”; and
in subsection (1A), for the words from “pipe-lines under the high seas” onwards substitute “ submarine cables and pipe-lines under the high seas includes a reference to submarine cables and pipe-lines under the territorial sea adjacent to the United Kingdom or under waters in an area designated under section 1(7) of this Act ”.
In section 23 of the Police and Criminal Evidence Act 1984 (c. 60) (meaning of premises)—
in the definition of “premises”, for the “and” at the end of paragraph (b) substitute—;
“renewable energy installation” has the same meaning as in Chapter 2 of Part 2 of the Energy Act 2004.
In section 10(10) of the Petroleum Act 1998 (c. 17) (section to apply to installations in transit), after “transit” insert “ but does not apply to an installation that is a renewable energy installation (within the meaning of Chapter 2 of Part 2 of the Energy Act 2004) ”.
After section 47 of that Act insert—
In this Chapter—
References in this Chapter to the production of energy from water include, in particular, references to its production from currents and tides.
In this Chapter “renewable energy installation” means—
an offshore installation used for purposes connected with the production of energy from water or winds;
an installation in the course of construction at a place where it is to be used as an offshore installation within paragraph (a);
an installation that has ceased to be an installation within paragraph (a) while remaining an offshore installation (whether or not at the same place);
an installation that is being decommissioned at a place where it has been an installation within paragraph (a) or (c);
an installation in transit to or from a place where it is to be, or has been, used for purposes that would make it, or made it, an installation within paragraph (a);
an installation in transit to or from a place where it is to be, or was, an installation within paragraph (c).
In subsection (3) “offshore installation” means an installation which is situated in waters where—
it permanently rests on, or is permanently attached to, the bed of the waters; and
it is not connected with dry land by a permanent structure providing access at all times for all purposes.
The purposes referred to in subsection (3)(a) include, in particular—
the transmission, distribution and supply of electricity generated using water or winds; and
the doing of anything (whether by way of investigations, trials or feasibility studies or otherwise) with a view to ascertaining whether the generation of electricity in that manner is, in a particular case, practicable or commercially viable, or both.
Provision made by or under this Chapter in relation to places outside the United Kingdom—
so far as it applies to individuals, applies to them whether or not they are British citizens; and
so far as it applies to bodies corporate, applies to them whether or not they are incorporated under the law of a part of the United Kingdom.
This section applies where—
there is a proposal by a person to construct a relevant object in waters regulated under this Chapter, or to extend a relevant object in such waters;
there is a proposal by a person to operate or to use a relevant object in such waters on the completion of its construction, or of any extension of it in such waters; or
a person is constructing, extending, operating or using a relevant object in such waters or has begun in such waters to decommission such an object.
The appropriate Minister may by notice require— to submit to him a programme for decommissioning the relevant object (a “decommissioning programme”).
a person falling within subsection (1)(a), (b) or (c), or
if a person to whom paragraph (a) applies is a body corporate, a body corporate associated with that person (subject to section 105A),
In this Chapter “appropriate Minister”—
in relation to a renewable energy installation, means the Scottish Ministers— and otherwise means the Secretary of State;
if the installation is to be or is wholly in an area of Scottish waters or an area of waters in a Scottish part of a Renewable Energy Zone, and is not being or proposed to be extended outside those areas,
if sub-paragraph (i) has ceased to apply to the installation because of an extension or proposed extension, and subsection (1B) applies, or
to the extent that the installation is to be or is in an area of Scottish waters or an area of waters in a Scottish part of a Renewable Energy Zone, if sub-paragraph (i) has ceased to apply because of an extension or proposed extension, and subsection (1B) does not apply;
in relation to an electric line which is or has been a related line, means—
the Scottish Ministers, to the extent that the line is to be or is in an area of Scottish waters or an area of waters in a Scottish part of a Renewable Energy Zone;
otherwise, the Secretary of State.
Before requiring a person to submit a decommissioning programme in respect of proposals made by a person within paragraph (a) or (b) of subsection (1), the appropriate Minister must be satisfied that at least one of the statutory consents required for giving effect to those proposals— but for this purpose it is immaterial that a statutory consent that has been or may be given will have no effect before a particular time or unless particular conditions are satisfied.
has been given; or
has been applied for and is likely to be given;
This subsection applies to an installation if there is an agreement in force between the Secretary of State and the Scottish Ministers providing for the Scottish Ministers to be the appropriate Minister in relation to the whole of the installation.
Where there is more than one person to whom a notice under this section may be given—
it may be given to any one or more of them; and
where it is given to more than one of them, the requirement to submit a programme must be satisfied by all those persons acting jointly.
Where subsection (1B) applies, the Scottish Ministers must consult the Secretary of State about the exercise of their functions as the appropriate Minister.
Before giving a notice under this section in relation to a relevant object which is to be or is, ... partly— the Secretary of State must consult the Scottish Ministers.
in an area of Scottish waters; or
in an area of waters in a Scottish part of a Renewable Energy Zone,
A notice under this section must either—
specify the date by which the decommissioning programme is to be submitted; or
require it to be submitted on or before such date as the appropriate Minister may direct.
A notice under this section may require the recipient of the notice to carry out the consultations specified in the notice before submitting the programme required of him.
A decommissioning programme—
must set out measures to be taken for decommissioning the relevant object;
must contain an estimate of the expenditure likely to be incurred in carrying out those measures;
must make provision for the determination of the times at which, or the periods within which, those measures will have to be taken;
if it proposes that the relevant object will be wholly or partly removed from a place in waters regulated under this Chapter, must include provision about restoring that place to the condition that it was in prior to the construction of the object; and
if it proposes that the relevant object will be left in position at a place in waters regulated under this Chapter or will not be wholly removed from a place in such waters, must include provision about whatever continuing monitoring and maintenance of the object will be necessary.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
such information and documents relating to the place where the relevant object is or is to be situated as may be specified in the notice;
such specifications relating to the relevant object as may be specified in the notice;
such information and documents relating to the financial affairs of the recipient as may be specified in the notice; and
details of the security (if any) that the recipient proposes to provide in relation to the carrying out of the decommissioning programme and for his compliance with any conditions of its approval.
In this Chapter—
In this section—
The appropriate Minister may either approve or reject a programme submitted to him under section 105.
Before approving or rejecting a decommissioning programme relating to a relevant object which is to be or is, ... partly— the Secretary of State must consult the Scottish Ministers.
in an area of Scottish waters, or
in an area of waters in a Scottish part of a Renewable Energy Zone,
If the appropriate Minister approves a programme, he may do so—
with or without modifications; and
either subject to conditions or unconditionally.
His power to approve it subject to conditions includes, in particular, power to approve it subject to a condition that the person who submitted the programme—
provides such security in relation to the carrying out of the programme, and for his compliance with the conditions (if any) of its approval, as may be specified by the appropriate Minister; and
provides that security at such time, and in accordance with such requirements, as may be specified by the appropriate Minister.
Before approving a programme with modifications or subject to conditions, the appropriate Minister must give the person who submitted it an opportunity of making representations about the proposed modifications or conditions.
The power of the appropriate Minister to approve a programme subject to conditions includes power, where more than one person submitted it, to impose different conditions in relation to different persons.
If he rejects a programme, the appropriate Minister—
must inform the person who submitted it of his reasons for doing so; and
may exercise his power under section 105 to require the submission of a new one.
The appropriate Minister must act without unreasonable delay in reaching a decision as to whether to approve or reject a programme.
The appropriate Minister may not give a notice under section 105(2)(b) to a body corporate associated with a person (“the responsible person”) within section 105(1)(a), (b) or (c) unless the appropriate Minister—
has given a notice to the responsible person under section 105(2)(a), and
is not satisfied that adequate arrangements (including financial arrangements) have been made by the responsible person to ensure that a satisfactory decommissioning programme will be carried out.
Subsection (1) does not apply if—
there has been a failure to comply with a notice under section 105(2), or
the appropriate Minister has rejected a programme submitted in compliance with such a notice.
For the purposes of this section and section 105, one body corporate is associated with another if one of them controls the other or a third body corporate controls both of them, and subsections (4) to (8) set out the circumstances in which one body corporate (“A”) controls another (“B”).
Where B is a company, A controls B if A possesses or is entitled to acquire—
one half or more of the issued share capital of B,
such rights as would entitle A to exercise one half or more of the votes exercisable in general meetings of B,
such part of the issued share capital of B as would entitle A to one half or more of the amount distributed if the whole of the income of B were in fact distributed among the shareholders, or
such rights as would, in the event of the winding up of B or in any other circumstances, entitle it to receive one half or more of the assets of B which would then be available for distribution among the shareholders.
Where B is a limited liability partnership, A controls B if A—
holds a majority of the voting rights in B,
is a member of B and has a right to appoint or remove a majority of other members, or
is a member of B and controls alone, or pursuant to an agreement with other members, a majority of the voting rights in B.
In subsection (5)(a) and (c) the references to “voting rights” are to the rights conferred on members in respect of their interest in a limited liability partnership to vote on those matters which are to be decided on by a vote of the members of the limited liability partnership.
In any case, A controls B if A has the power, directly or indirectly, to secure that the affairs of B are conducted in accordance with A's wishes.
In determining whether, by virtue of subsections (4) to (7), A controls B, A is to be taken to possess—
any rights and powers possessed by a person as nominee for it, and
any rights and powers possessed by a body corporate which it controls (including rights and powers which such a body corporate would be taken to possess by virtue of this paragraph).
Where— the appropriate Minister may himself prepare a decommissioning programme in relation to the relevant object in question.
a notice given under section 105 is not complied with, or
the appropriate Minister rejects a programme submitted to him,
Before himself preparing a decommissioning programme relating to a relevant object which is to be or is, ... partly— the Secretary of State must consult the Scottish Ministers.
in an area of Scottish waters, or
in an area of waters in a Scottish part of a Renewable Energy Zone,
Where the appropriate Minister prepares a decommissioning programme under this section—
he must give notice informing the recipient of the notice given under section 105 that he has done so; and
this Chapter shall have effect subsequently as if the appropriate Minister’s programme were a programme submitted to him by the person informed and had been approved by the appropriate Minister subject to the conditions specified by the appropriate Minister.
Where the appropriate Minister informs a person under subsection (3) that he has prepared his own decommissioning programme, he may by notice to that person require him— and a requirement under this subsection has effect as if it were a condition of the deemed approval of the programme.
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 appropriate Minister; and
to provide it at such time, and in accordance with such requirements, as may be specified by the appropriate Minister;
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The power of the appropriate 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.
Where, having given a notice under section 105, the appropriate 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.
A person liable to pay a sum to the appropriate Minister by virtue of subsection (9) must also pay interest on that sum for the period which—
begins with the day on which the appropriate Minister notified him of the sum payable; and
ends with the date of payment.
The rate of interest shall be a rate determined by the appropriate Minister to be comparable with commercial rates.
The appropriate Minister must, from time to time, conduct such reviews of a decommissioning programme approved by him as he considers appropriate.
A proposal— may be made by the appropriate Minister, or by the person who submitted the programme or (if there is more than one of them) by all of them acting jointly.
to modify a decommissioning programme approved by the appropriate Minister, or
to modify a condition to which such a programme is subject,
A proposal— may be made by the appropriate Minister or by the person for the time being subject to that duty or (if there is more than one person subject to that duty) by any one or more of them.
to relieve a person of his duty under section 109(1) in relation to a decommissioning programme approved by the appropriate Minister, or
as respects such a programme, to impose that duty upon a person not previously subject to it (whether in addition to or in substitution for another person),
A proposal under subsection (2) or (3) may be made only by way of notice given—
if the proposal is the appropriate Minister's, to every person whose duty under section 109(1) in relation to the programme would be affected or relieved under the proposal or who would become subject to such a duty; and
in any other case, to the appropriate Minister.
A proposal under subsection (3)(b) may, in particular, be made in relation to a body corporate associated with a person who has a duty under section 109(1) (and for this purpose “associated” is to be construed in accordance with section 105A(3) to (8)).
An opportunity of making representations to the appropriate Minister about a proposal of his under this section must be given by him to every person to whom notice of the proposal is required to have been given.
It is to be for the appropriate Minister, after considering any representations made to him, to determine whether or not effect should be given to a proposal of his, or of any other person, under this section.
Before making a determination under subsection (6) with respect to a proposal in relation to a decommissioning programme relating to a relevant object which is to be or is, ... partly— the Secretary of State must consult the Scottish Ministers.
in an area of Scottish waters, or
in an area of waters in a Scottish part of a Renewable Energy Zone,
Where the appropriate Minister makes a determination under subsection (6), he must give notice of his determination, and of his reasons for it, to—
every person who, before the determination, had a duty under section 109(1) in relation to the programme; and
every person who will become subject to such a duty as a result of the determination.
Where the appropriate Minister gives notice under subsection (8) in respect of a proposal, this Chapter shall have effect after the giving of that notice—
in the case of a proposal under subsection (2), as if the programme in question had been approved subject to the modifications specified in the determination; and
in the case of a proposal under subsection (3), as if that programme had been submitted to the appropriate Minister by the person or persons so specified.
Where the appropriate Minister gives notice under subsection (8) to a person that he is to become subject to a duty under section 109(1) in relation to a programme, the appropriate Minister may by notice to that person require him— and a requirement under this subsection has effect as if it were a condition of the approval of the programme.
to provide such security in relation to the carrying out of the programme, and for his compliance with any conditions of its approval, as may be specified by the appropriate Minister; and
to provide it at such time, and in accordance with such requirements, as may be specified by the appropriate Minister;
Where a decommissioning programme is approved by the appropriate Minister, it shall be the duty of the person who submitted the programme to secure—
that it is carried out in every respect; and
that all the conditions to which the approval is subject are complied with.
Where a relevant object is subject to a decommissioning programme approved by the appropriate Minister, it is an offence for a person to take any measures for decommissioning that object unless he does so—
in accordance with the programme; or
with the agreement of the appropriate Minister.
Where— the appropriate Minister may, by notice, require a person subject to the duty under section 109(1) in relation to the programme to take such remedial action as may be specified in the notice.
a decommissioning programme approved by the appropriate Minister is not carried out in a particular respect, or
a condition to which the approval is subject is contravened,
Remedial action required by a notice under this section must be taken within such period as may be specified in the notice.
A person who fails to comply with a notice given to him under this section is guilty of an offence.
In proceedings against a person for an offence under this section it is a defence for him to show that he exercised due diligence to avoid the contravention in question.
If a notice under this section is not complied with, the appropriate Minister may—
himself secure the carrying out of the remedial action required by the notice; and
recover any expenditure incurred by him in doing so from the person to whom the notice was given.
A person liable to pay a sum to the appropriate Minister by virtue of subsection (5) must also pay interest on that sum for the period which—
begins with the day on which the appropriate Minister notified him of the sum payable; and
ends with the date of payment.
The rate of interest shall be a rate determined by the appropriate Minister to be comparable with commercial rates.
This section applies where any security in relation to the carrying out of an approved decommissioning programme, or for compliance with the conditions of its approval, has been provided by a person (“the security provider”) by way of a trust or other arrangements.
In this section a reference to “the protected assets” is a reference to the security and any property or rights in which it consists.
The manner in which, and purposes for which, the protected assets are to be applied and enforceable (whether in the event of the security provider's insolvency or otherwise) is to be determined in accordance with the trust or other arrangements.
For the purposes of subsection (3), no regard is to be had to so much of the Insolvency Act 1986, the Insolvency (Northern Ireland) Order 1989 or any other enactment or rule of law as, in its operation in relation to the security provider or any conduct of the security provider, would—
prevent or restrict the protected assets from being applied in accordance with the trust or other arrangement, or
prevent or restrict their enforcement for the purposes of being so applied.
In subsection (4) “enactment” includes an instrument made under an enactment.
The appropriate Minister may direct a security provider to publish specified information about the protected assets.
A direction under this section may specify—
the time when the information must be published, and
the manner of publication.
If a security provider fails to comply with a direction, the appropriate Minister or a creditor of the security provider may make an application to the court under this section.
If, on an application under this section, the court decides that the security provider has failed to comply with the direction, it may order the security provider to take such steps as the court directs for securing that the direction is complied with.
In this section—
In subsections (3) and (4) references to “the court” are references—
to the High Court, in relation to an application in England and Wales or Northern Ireland, or
to the Court of Session, in relation to an application in Scotland.
The appropriate Minister may make regulations relating to the decommissioning of relevant objects in waters regulated under this Chapter.
The provision that may be contained in regulations under this section includes, in particular—
provision prescribing standards in respect of decommissioning;
provision prescribing standards and safety requirements in respect of anything left in place where a relevant object is not wholly removed;
provision about the security that a person may be required to provide under this Chapter;
provision for the prevention of pollution;
provision for inspections, including provision as to the payment of the costs of inspections.
Regulations under this section may include provision making it an offence to contravene provisions of the regulations.
Where the regulations under this section create an offence, they must make provision as to the mode of trial and punishment of offenders; but there is no power for regulations under this section—
to impose a penalty of imprisonment on summary conviction, or to impose a maximum fine, on summary conviction, of more than the statutory maximum; or
to impose a maximum term of imprisonment, on conviction on indictment, of more than two years.
Before making regulations under this section, the appropriate Minister must consult—
organisations appearing to him to be representative of persons who will be affected by the regulations; and
any other persons he considers appropriate.
Before making regulations under this section containing provision that relates to the decommissioning of relevant objects which are to be or are, ... partly— the Secretary of State must consult the Scottish Ministers.
in Scottish waters, or
in waters in a Scottish part of a Renewable Energy Zone,
Regulations under this section—
if made by the Secretary of State, are subject to the negative resolution procedure;
if made by the Scottish Ministers, are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).
A person who becomes responsible for a relevant object must notify the appropriate Minister that he has become so responsible.
For the purposes of this section a person becomes responsible for a relevant object if—
he makes a proposal to construct the object in waters regulated under this Chapter;
he makes a proposal for the extension or decommissioning in such waters of the object;
he makes a proposal to operate or use the object on completion of its construction in such waters;
he makes a proposal to operate or use the object on completion in such waters of any extension of it;
he becomes a party to a proposal mentioned in paragraphs (a) to (d);
he begins in such waters to construct, to extend, to operate or use or to decommission the object;
he begins to participate in any of the following activities carried on in such waters, the construction, extension, operation or use or decommissioning of the object.
A person is not required to notify the appropriate Minister that he has made a proposal, or become a party to a proposal, at any time before at least one of the statutory consents required for enabling effect to be given to the proposal has been given or applied for.
A person who notifies the appropriate Minister under this section that he has made a proposal, or has become a party to a proposal—
must specify in the notification what statutory consents required for giving effect to the proposal have been given, and what applications for such consents have been made; and
must notify him subsequently whenever such a consent or application is given or made.
A notification under this section must be given within such period after the obligation to give the notification arises as may be prescribed by regulations made by the appropriate Minister.
A person who contravenes the requirements of this section is guilty of an offence.
Regulations under this section—
if made by the Secretary of State, are subject to the negative resolution procedure;
if made by the Scottish Ministers, are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).
A reference in this section to participation in activities does not include a reference—
to participation on behalf of another person; or
to participation by acting in pursuance of an agreement to provide a service or services to a person carrying on those activities.
In this section “statutory consent” has the same meaning as in section 105.
A person guilty of an offence under a provision of this Chapter is liable—
on summary conviction, to a fine not exceeding the statutory maximum;
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
No proceedings for a decommissioning offence shall be instituted in England and Wales or Northern Ireland except—
by the Secretary of State;
by a person authorised in that behalf by the Secretary of State; or
by or with the consent of the Director of Public Prosecutions or (as the case may be) the Director of Public Prosecutions for Northern Ireland.
Where a decommissioning offence is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of— he (as well as the body corporate) is guilty of that offence and shall be liable to be proceeded against and dealt with accordingly.
a director, manager, secretary or other similar officer of the body corporate, or
a person who was purporting to act in any such capacity,
Where such an offence— he (as well as the firm) is guilty of that offence and shall be liable to be proceeded against and dealt with accordingly.
is committed by a Scottish firm, and
is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner of the firm,
Where a decommissioning offence is committed outside the United Kingdom, proceedings for the offence may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
Section 3 of the Territorial Waters Jurisdiction Act 1878 (c. 73) (consents to prosecution of offences committed on the open sea by persons who are not British citizens) does not apply to proceedings for a decommissioning offence.
In this section—
The appropriate Minister may by notice require a person within subsection (2) to provide the appropriate Minister with such relevant information or documents as the appropriate Minister may require in connection with the exercise of functions under this Chapter.
Those persons are—
a person who has been, or may be, given a notice under section 105(2)(a) in relation to a relevant object,
where a person falling within paragraph (a) is a body corporate, a body corporate associated with that person,
a person not within paragraph (a) or (b) who by virtue of provision made under section 108(3)(b) is subject to the duty under section 109(1) in relation to a decommissioning programme relating to a relevant object.
Information or a document is “relevant” if it relates to—
the place where the relevant object is or is to be situated,
the relevant object,
where the recipient of the notice is a body corporate falling within subsection (2)(c) or section 105(2)(a), details of an associated body corporate,
the financial affairs of the recipient of the notice or, where the recipient is a body corporate falling within subsection (2)(c) or section 105(1)(a), (b) or (c), an associated body corporate,
the security that the recipient proposes to provide in relation to the carrying out of a decommissioning programme relating to the relevant object or for the recipient's compliance with any conditions of the programme's approval, or
where the recipient of the notice (“R”) is a body corporate falling within subsection (2)(c) or section 105(1)(a), (b) or (c), the name or address of any person whom R believes to be an associated body corporate.
But if a notice under subsection (1) requires information in connection with a function of the appropriate Minister under section 107(1) or (4), the notice may require the provision of information or documents which the appropriate Minister considers are necessary or expedient for the purpose of exercising those functions (whether or not they are of a kind specified in subsection (3)).
A notice under subsection (1) must specify the documents or information, or the description of documents or information, to which it relates.
Information or documents required to be provided under this section must be provided within such period as is specified in the notice under subsection (1).
In this section, “associated”, in relation to a body corporate, is to be construed in accordance with section 105A(3) to (8).
A person who fails, without reasonable excuse, to comply with a notice under subsection (1) is guilty of an offence.
A person who discloses information obtained by virtue of a notice under this section is guilty of an offence unless the disclosure—
is made with the consent of the person by or on behalf of whom the information was provided,
is for the purpose of the exercise of the appropriate Minister's functions under this Chapter, the Electricity Act 1989 or Part 4 of the Petroleum Act 1998, or
is required by or under an enactment.
Expressions used in this Chapter and in Chapter 2 of this Part have the same meanings in this Chapter as in that Chapter.
In this Chapter—
“renewable transport fuel obligation” has the meaning given by section 124(1);
“cleaning-up” and “decommissioning”, in relation to a site or installation, includes—
The NDA may make such arrangements as it thinks fit— The membership of every committee established by the NDA must include at least one person who is a member of the NDA. Where the NDA— the membership of the committee may include persons (including persons constituting a majority of the committee) who are neither members of the NDA nor members of its staff. In other cases every member of the committee must be either— Where a person who is neither a member of the NDA nor a member of its staff is a member of a committee, the NDA may pay to that person such remuneration and expenses as it determines.
The NDA may make such other arrangements as it thinks fit— Arrangements under sub-paragraph (1) may include such arrangements (in addition to the provision made by paragraph 9) as the NDA thinks fit about quorums and the making of decisions by a majority. The procedure for the carrying out of the separate functions which under this Act are conferred on the non-executive members must be in accordance with such arrangements as may be determined by a majority of the non-executive members. The NDA must publish, in such manner as it considers appropriate, the arrangements made under this paragraph.
The validity of proceedings of the NDA, of the non-executive members or of a committee established by the NDA shall not be affected by— Nothing in sub-paragraph (1) validates—
A plan prepared or revised by the NDA has effect only if it is approved— The NDA may revise its plan at any time before or during the year to which it relates.
The NDA must publish its plan for a financial year in the manner which, in its opinion, is most appropriate for bringing it to the attention of persons likely to be affected by it. Where it revises that plan, it must so publish the revised plan. The Secretary of State must lay before Parliament a copy of anything that the NDA publishes in accordance with sub-paragraph (1) or (2), and the Scottish Ministers must lay before the Scottish Parliament a copy of anything that is so published. Where the NDA publishes a plan or revised plan under this paragraph it must, in the same manner, publish a report on the representations it received about what the plan or revision should contain. The NDA must exclude from what it publishes under this paragraph anything that it has been notified by the Secretary of State is a matter the publication of which he considers to be against the interests of national security. The NDA may also exclude from what it publishes under this paragraph— In determining whether to exclude anything from publication under sub-paragraph (6) the NDA must have regard to whether the harm that would be caused by publication is likely to outweigh the benefits.
This Part of this Schedule applies to a transfer if— This Part of this Schedule also applies to a transfer if it is a transfer in accordance with a section 39 scheme to a transferee falling within sub-paragraph (3) of— The transferee falls within this sub-paragraph if it is— In this paragraph “BNFL company” means BNFL or a wholly-owned subsidiary of BNFL.
This paragraph applies if a company (“the degrouped company”)— Section 179 of the 1992 Act (company ceasing to be member of group) is not to treat the degrouped company as having by virtue of the transfer sold and immediately reacquired the asset. Where sub-paragraph (2) has applied to an asset, section 179 of the 1992 Act is to have effect on and after the first subsequent occasion on which the degrouped company ceases to be a member of a group of companies (“the new group”) as if— had been members of the new group at the time of acquisition. Expressions used in this paragraph and in section 179 of the 1992 Act have the same meanings in this paragraph as in that section.
For the purposes of Part 2 of the 2001 Act references in that Part to a transaction (however described) between connected persons (within the meaning of section 839 of the Taxes Act) are not to include references to a transfer to which this Part of this Schedule applies.
Where— the transfer of that asset is to be treated for the purposes of Schedule 29 to the Finance Act 2002 as a tax neutral transfer. Where, in the case of a transfer of property by a transfer to which this Part of this Schedule applies— that asset shall be treated as acquired by the transferee for an amount equal to the amount of the consideration determined for the purposes of paragraph 18(2) of this Schedule. Expressions used in this paragraph and in Schedule 29 to the Finance Act 2002 have the same meanings in this paragraph as in that Schedule.
In section 35(3)(d) of the 1992 Act (no gain no loss disposals) after sub-paragraph (xiv) insert—
Subject to what follows, each member of the Police Authority is to hold and vacate office as chairman, or otherwise as a member, in accordance with the terms of his appointment. Each appointment must state the period for which it is made. That period must not exceed five years; but a person is eligible for re-appointment as chairman, or otherwise as a member of the Police Authority, (on any number of occasions) from the end of a term of office. A member of the Police Authority may at any time resign his office as the chairman or as a member of the Police Authority (or both) by giving notice to the Secretary of State. If the Secretary of State is satisfied that sub-paragraph (6) applies to the chairman or another member of the Police Authority, the Secretary of State may, by giving him notice to that effect, remove him from office. This sub-paragraph applies to a person if— Oral notice is not effective for the purposes of sub-paragraph (4) or (5).
The validity of proceedings of the Police Authority shall not be affected by—
a failure by the Secretary of State to comply with paragraph 1; or
any other defect in the appointment of a member of the Police Authority.
The Secretary of State may require the Police Authority to exercise its power under paragraph 1 to call on the chief constable to retire or to resign. Before requiring the Police Authority to exercise that power, the Secretary of State must— Where the Secretary of State gives a notice under sub-paragraph (2), he must send a copy of the notice to the Police Authority. The Secretary of State must not exercise his power under sub-paragraph (1) unless he has— At least one of the persons appointed under sub-paragraph (4)(a) must be a person who is not any of the following— At an inquiry held under sub-paragraph (4)— must each be given an opportunity of making representations, including (in the case of the chief constable) an opportunity of making representations in person. The Police Authority must pay the costs reasonably incurred by the chief constable in respect of an inquiry under this paragraph. The amount of those costs is to be assessed in such manner as the Secretary of State may direct. If the Secretary of State exercises his power under sub-paragraph (1) in relation to the chief constable, the Police Authority— Oral notice is not effective for the purposes of sub-paragraph (2).
The Secretary of State may give directions to the Police Authority requiring it to secure— The Secretary of State may also give the Police Authority such other general or specific directions as he considers appropriate for securing the efficient and effective operation of the Constabulary. Before giving a direction under this paragraph, the Secretary of State must consult— In this paragraph references to adopting and following practices or procedures include references to meeting and complying with standards or guidelines.
In section 54 of the Firearms Act 1968 (c. 27) (application to Crown servants), after subsection (3) insert—
In section 12 of the Official Secrets Act 1989 (c. 6) (Crown servants etc.), after subsection (4) insert—
In section 88 of the Criminal Justice and Police Act 2001 (c. 16) (functions of Central Police Training and Development Authority)—
in subsection (7), paragraph (c) shall cease to have effect; and
in subsection (8), after paragraph (k) insert—.
In section 19 (duty to display authorisation etc.), for “to whom the authorisation was granted” substitute “who holds the authorisation”.
In section 22(6) (copy of prohibition notice to be served on persons to whom authorisation copied under section 16(9)(b)), after “16(9)(b)” insert “or 16A(8)(d)”.
In subsection (2)(a) of section 25 (directions to restrict knowledge of information about applications), after “14” insert “or for the transfer (in whole or in part) or variation of an authorisation”. In subsection (3) of that section—
In section 34A (offences of making false and misleading statements)—
in subsection (1)(a), after “14” insert “, any transfer of such an authorisation under section 16A”; and
in subsection (2)(a), for “or an authorisation under section 13 or 14” substitute “, an authorisation under section 13 or 14 or a transfer under section 16A”.
References in this Chapter to providing a security include references—
to securing its maintenance or renewal; and
to ensuring that its value is adjusted from time to time to take account of changes to the likely costs of the matters in respect of which it is given.
References in this Chapter to the person by whom a decommissioning programme was submitted are references, in the case of a programme submitted jointly by more than one person, to each of them.
Provision made by or under this Chapter in relation to places outside the United Kingdom—
so far as it applies to individuals, applies to them whether or not they are British citizens; and
so far as it applies to bodies corporate, applies to them whether or not they are incorporated under the law of any part of the United Kingdom.
In section 32(3) of the 1989 Act (renewables obligation), for the words from “must” to “produce” substitute “ must, by each specified day, have produced ”.
In section 32C of that Act (payment as an alternative to complying with a renewables obligation), in subsection (1) for the words from “that” onwards substitute—
In subsection (2) of that section (supplementary provisions of order providing for payments)—
after paragraph (a) insert—
in paragraph (b), for “such sums” substitute “ sums or rates falling within paragraph (a) or (aa) ”;
in paragraph (c), after “sums” insert “ or rates ”; and
in paragraph (d), after “sum” insert “ or rate ”.
For subsection (3) of that section substitute—
“discharge payment”, in relation to a period, means— “Northern Ireland obligation” means a renewables obligation of a Northern Ireland supplier under Article 52 of the Energy (Northern Ireland) Order 2003; “the relevant period”—
The requirements of section 32(7) of the 1989 Act (consultation before making an order) may be satisfied in the case of an order containing provision made by virtue of this section by consultation that took place wholly or partly before the commencement of this section.
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Section 32B of the 1989 Act (green certificates) is amended as follows.
In subsection (1), for “or to an electricity supplier” substitute “, to an electricity supplier or to a Northern Ireland supplier”.
After that subsection insert—
In subsection (2)—
for “A certificate is to certify” substitute “The matters within this subsection are”;
in paragraph (a), after “an electricity supplier” insert “or to a Northern Ireland supplier”.
After that subsection insert—
In subsection (3), after “Authority” insert “that certifies matters within subsection (2)”.
After that subsection insert—
The requirements of section 32(7) of that Act (consultation before making an order) may be satisfied in the case of an order containing provision made by virtue of this section by consultation that took place wholly or partly before the commencement of this section.
After section 32B of the 1989 Act insert—
The requirements of section 32(7) of the 1989 Act (consultation before making an order) may be satisfied in the case of an order containing provision made by virtue of this section by consultation that took place wholly or partly before the commencement of this section.
In Article 56(1) of the Energy (Northern Ireland) Order 2003 (S.I. 2003/419 (N.I. 6)) (power to amend Part 7 of that Order to take account of amendments of corresponding Great Britain provisions), the reference to amendments made to sections 32 to 32C of the 1989 Act includes a reference to subsection (1) of this section.
Subsection (3) extends to Northern Ireland only.
In section 32C of the 1989 Act (payment of money to discharge renewables obligation and distribution of fund to electricity suppliers), after subsection (4) insert—
The requirements of section 32(7) of the 1989 Act (consultation before making an order) may be satisfied in the case of an order containing provision made by virtue of this section by consultation that took place wholly or partly before the commencement of this section.
In subsection (3) of section 32 of the 1989 Act (definition of renewables obligation), for “and 32C” substitute “ to 32C ”.
In subsection (7) of that section, for paragraph (d) substitute—.
“generated” means generated at any place whether situated in the United Kingdom or elsewhere, and cognate expressions shall be construed accordingly; “Northern Ireland authority” means the Northern Ireland Authority for Energy Regulation; “Northern Ireland supplier” means an electricity supplier within the meaning of Part 7 of the Energy (Northern Ireland) Order 2003.
In section 32A of that Act (supplementary provision relating to orders under section 32), in subsection (3) for the words from “the differences” onwards substitute “ no supplier would by virtue of the differences be unduly disadvantaged in competing with other suppliers ”.
After that subsection insert—
In subsection (7) of that section, for “obligation imposed” substitute “ matters dealt with ”.
The requirements of section 32(7) of that Act (consultation before making an order) may be satisfied in the case of an order containing provision made by virtue of this section by consultation that took place wholly or partly before the commencement of this section.
Article 54 of the Energy (Northern Ireland) Order 2003 (S.I. 2003/419 (N.I. 6)) (which contains provision corresponding to provision contained in section 32B of the 1989 Act) is amended as follows.
After paragraph (2) insert—
“Great Britain certificates” means certificates that are or may be issued by the Gas and Electricity Markets Authority in accordance with provision included, by virtue of section 32B of the Electricity Act 1989, in an order under section 32 of that Act; “qualifying arrangement” means an arrangement made pursuant to an order under Article 35 of the Electricity Order (or such an arrangement as modified or replaced by virtue of an order under Article 57 of this Order); “relevant person” means, in relation to electricity that is acquired, or is required to be acquired, under a qualifying arrangement, the person who acquired it, or who is required to acquire it.
The requirements of Article 52(6) of that Order (consultation before making an order) may be satisfied in the case of an order containing provision made by virtue of this section by consultation that took place wholly or partly before the commencement of this section.
This section extends to Northern Ireland only.
GEMA and the Northern Ireland Authority for Utility Regulation (“the Northern Ireland Authority”) shall be entitled—
to enter into arrangements for GEMA to act on behalf of the Northern Ireland Authority for, or in connection with, the carrying out of the 2003 renewables obligations functions; and
to give effect to those arrangements.
In this section “the 2003 renewables obligations functions” means the functions conferred on the Northern Ireland Authority under or for the purposes of the Northern Ireland provisions.
For this purpose “the Northern Ireland provisions” means—
Articles 52 to 55 of the Energy (Northern Ireland) Order 2003 (renewables obligations for Northern Ireland suppliers), and
any provision made (whether before or after the passing of the Energy Act 2008) by an order under Article 56 of the Energy (Northern Ireland) Order 2003 which amends Part 7 of that Order.
This section applies where the Department of Enterprise, Trade and Investment in Northern Ireland amends the provisions of Part 7 of the 2003 Order (renewables obligations for Northern Ireland suppliers) by way of an amending order to take account of amendments of the 1989 Act made by this Chapter.
In the case of a renewables order containing provision made by virtue of the amending order, the requirements of Article 52(6) of the 2003 Order (consultation before making a renewables order) may be satisfied by consultation that took place wholly or partly before the amending order came into force (including consultation taking place before the commencement of this section).
In this section—
This section extends to Northern Ireland only.
GEMA and the Northern Ireland Authority for Utility Regulation (“the Northern Ireland Authority”) shall be entitled—
to enter into arrangements for GEMA to act on behalf of the Northern Ireland Authority for, or in connection with, the carrying out of the 2003 guarantees of origin functions; and
to give effect to those arrangements.
In this section “the 2003 guarantees of origin functions” means the functions conferred on the Northern Ireland Authority under or for the purposes of the Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) Regulations (Northern Ireland) 2003.
In Part 7 of the Energy (Northern Ireland) Order 2003 (renewable energy sources), after Article 58 insert—
This section extends to Northern Ireland only.
The Secretary of State may by order impose on each transport fuel supplier of a specified description the obligation mentioned in subsection (2) (a “renewable transport fuel obligation”).
That obligation is an obligation, for each specified period, for the supplier to produce to the Administrator, by the specified date, evidence which—
is of the specified kind and in the specified form; and
shows that during the specified period the specified amount of renewable transport fuel was supplied at or for delivery to places in the United Kingdom.
An order under subsection (1) is referred to in this Chapter as an “RTF order”.
Before making an RTF order the Secretary of State must consult such persons appearing to him to represent persons whose interests will be affected by the order, and such other persons, as he considers appropriate.
The power to make an RTF order is subject to the affirmative resolution procedure.
For the purposes of provision made by or under this Chapter, an RTF order may—
establish a body corporate, and
appoint that body as the Administrator.
An RTF order may—
make provision for the appointment of members of the body;
make provision in relation to the staffing of the body;
make provision in relation to the expenditure of the body;
make provision regulating the procedure of the body;
make any other provision that the Secretary of State considers appropriate for purposes connected with the establishment and maintenance of the body.
The provision that may be made by an RTF order by virtue of this section includes, in particular, provision conferring discretions on—
the Secretary of State;
the body itself; or
members or staff of the body.
Sums received by the Administrator by virtue of provision within subsection (3)(c) must be used by him for the purpose of meeting costs incurred by him in carrying out his functions as the Administrator.
The duties that may be imposed by virtue of subsection (2)(c) include, in particular, duties framed by reference to determinations made by the Administrator.
Only the following persons may be appointed as the Administrator—
a body or other person established or appointed by or under any enactment to carry out other functions;
a body established by virtue of subsection (8).
Where provision is made by an RTF order for the appointment of a body or other person within subsection (6)(a), such an order may make such modifications of any enactment relating to that body or person as the Secretary of State considers appropriate for the purpose of facilitating the carrying out of the functions of the Administrator.
An RTF order may—
establish a body corporate to be appointed as the Administrator;
make provision for the appointment of members of that body;
make provision in relation to the staffing of that body;
make provision in relation to the expenditure of that body;
make provision regulating the procedure of that body;
make any other provision that the Secretary of State considers appropriate for purposes connected with the establishment and maintenance of that body.
The provision that may be made by virtue of subsection (8) in relation to a body corporate includes, in particular, provision conferring discretions on—
the Secretary of State;
the body itself; or
members or staff of the body.
The Secretary of State may make grants to the Administrator on such terms as the Secretary of State may determine.
An RTF order may make provision about how amounts of transport fuel are to be counted or determined for the purposes of provision made by or under this Chapter.
The provision that may be made by virtue of this section includes, in particular—
provision for amounts of renewable transport fuel to count towards discharging a renewable transport fuel obligation for a period only if the fuel is of a specified description;
provision for amounts of renewable transport fuel of a specified description to count towards discharging such an obligation only up to a specified amount;
provision for such an obligation not to be treated as discharged unless a specified minimum amount of renewable transport fuel of a specified description has been counted towards its discharge;
provision for only such proportion of any renewable transport fuel of a specified description as is attributable to a specified substance, source of energy, method, process or other matter to count towards discharging such an obligation;
provision as to how that proportion is to be determined;
provision for an amount of renewable transport fuel of a specified description to count towards discharging such an obligation only if, or to the extent that, specified conditions are satisfied in relation to its supply, the person by or to whom it was supplied or the place at or for delivery to which it was supplied;
provision for evidence produced by a supplier in relation to any fuel not to count for the purposes of his renewable transport fuel obligation for a period if evidence in relation to the same fuel has previously been produced (whether by him or by another supplier);
provision for evidence produced by a supplier in relation to any fuel not to count for those purposes if, after the supply to which the evidence relates, the fuel is supplied by any person at or for delivery to a place outside the United Kingdom or a specified part of the United Kingdom;
provision about the measurement of amounts of different descriptions of transport fuel;
provision for units of transport fuel of a specified description to count for more or less than the same units of transport fuel of other descriptions;
provision about how measurements in different units of different descriptions of transport fuel are to be aggregated;
provision for the application of presumptions where specified matters are shown.
The provision that may be made by virtue of this section also includes, in particular, provision which—
is made having regard to one or more of the effects mentioned in subsection (4) (whether in the United Kingdom or elsewhere); or
requires regard to be had to one or more such effects.
Those effects are the effects of the production, supply or use of fuel of a particular description on—
carbon emissions;
agriculture;
other economic activities;
sustainable development; or
the environment generally.
If an RTF order makes provision for the counting or determination of amounts of transport fuel for the purposes of provision made by or under this Chapter by reference to any document, it may provide for references to the document to have effect as references to it as revised or re-issued from time to time.
The Secretary of State may give written directions to the Administrator about the exercise of any of the Administrator's functions in connection with the counting or determination of amounts of transport fuel for the purposes of provision made by or under this Chapter.
The power to give directions under subsection (6) includes power to vary or revoke the directions.
The Administrator must comply with any directions given under that subsection.
An RTF order may—
confer or impose powers and duties on the Administrator for purposes connected with the implementation of provision made by or under this Chapter;
confer discretions on the Administrator in relation to the making of determinations under such an order and otherwise in relation to the Administrator's powers and duties; and
impose duties on transport fuel suppliers for purposes connected with the Administrator's powers and duties (including, in particular, duties framed by reference to determinations made by the Administrator).
It is the duty of the Administrator to promote the supply of renewable transport fuel whose production, supply or use—
causes or contributes to the reduction of carbon emissions, and
contributes to sustainable development or the protection or enhancement of the environment generally.
An RTF order may make provision for the Administrator to issue certificates to transport fuel suppliers (“RTF certificates”).
An RTF certificate is to certify—
that the supplier to whom it is issued has supplied the amount of renewable transport fuel stated in the certificate;
that that amount of such fuel was supplied by him during the period stated in the certificate;
that that amount of such fuel was supplied by him during that period at or for delivery to a place in the United Kingdom or in the part of the United Kingdom stated in the certificate; and
the other specified facts.
Such a certificate may be issued to a supplier only if—
he applies for it in the specified manner;
his application includes evidence of the specified kind and in the specified form; and
the other specified conditions are satisfied.
An RTF order may authorise transfers of RTF certificates (whether for a consideration or otherwise) between persons of specified descriptions.
Such an order may also provide that such a transfer is not to be effective unless—
the specified details of it have been notified to the Administrator in the specified manner and within the specified time; and
the other specified requirements have been complied with.
If a supplier produces an RTF certificate to the Administrator, it is to count for the purposes of section 124(2) as sufficient evidence of the facts certified.
An RTF order may provide that, in specified circumstances, evidence produced by virtue of subsection (6) may count to the specified extent towards the discharge of a renewable transport fuel obligation for a period even if it is produced after the time by which evidence had to be produced for the purposes of that obligation.
Such an order may also provide that, in specified circumstances, evidence produced by virtue of subsection (6) may count to the specified extent towards the discharge of a renewable transport fuel obligation for a period that is later than the period stated in the certificate in question in accordance with subsection (2)(b).
The powers that may be conferred on the Administrator by virtue of section 125A(1) include, in particular—
power to require a transport fuel supplier to provide the Administrator with such information as the Administrator may require for purposes connected with the carrying out of the Administrator's functions;
power to impose requirements as to the form in which such information must be provided and as to the period within which it must be provided;
power to imposes charges of specified amounts on transport fuel suppliers.
The Secretary of State may give written directions to the Administrator about the exercise of any power conferred on the Administrator by virtue of subsection (1)(a) or (b).
The power to give directions under subsection (2) includes power to vary or revoke the directions.
The Administrator must comply with any directions given under that subsection.
Sums received by the Administrator by virtue of provision within subsection (1)(c)—
where the Administrator is the Secretary of State, must be paid into the Consolidated Fund, and
otherwise, must be used for the purpose of meeting costs incurred in carrying out the Administrator's functions.
The Secretary of State may make grants to the Administrator on such terms as the Secretary of State may determine.
An RTF order may provide that a person who does not wholly discharge his renewable transport fuel obligation for a period by the production of evidence must pay the Administrator the specified sum within the specified period.
The provision that may be made by virtue of subsection (1) includes, in particular, provision—
for the specified sum to increase, in cases where that sum is not paid within a specified period, at the specified rate until it is paid or until the occurrence of a specified event;
for specified amounts to be adjusted from time to time for inflation in the specified manner;
for the repayment of sums in cases where provision made by virtue of section 127(7) applies in relation to a person;
prohibiting the Administrator from taking steps to recover the specified sum or a part of that sum if specified conditions are satisfied.
Provision within subsection (2)(b) may refer, in particular, to a specified index or to other data, including any index or data as modified from time to time after the coming into force of the order.
An RTF order may provide that, in a case in which the amount of payments by virtue of subsection (1) which the Administrator has received by the specified time in respect of renewable transport fuel obligations for any period falls short of the amount due in respect of that period, the persons who— must, within the specified period and in the specified circumstances, each make a payment (or further payment) to the Administrator of an amount calculated in the specified manner.
were subject to renewable transport fuel obligations for that period, and
are of a specified description,
The provision that may be made by virtue of subsection (4) includes, in particular, provision for the making of adjustments and repayments after a requirement to make payments has already arisen.
Where the Administrator is the Secretary of State—
sums received by the Administrator by virtue of this section must be paid into the Consolidated Fund, and
an RTF order may make provision for sums to be paid by the Administrator to transport fuel suppliers, or to transport fuel suppliers of a specified description, in accordance with the specified system of allocation.
Such an order must contain provision ensuring that the total of the sums so paid by the Administrator does not at any time exceed the total of the sums so received by the Administrator up to that time.
Where the Administrator is a person other than the Secretary of State, an RTF order may—
require the Administrator to use, to the specified extent, sums received by the Administrator by virtue of this section for the purpose of meeting costs incurred in carrying out the Administrator's functions, or
require the Administrator to pay, to the specified extent, sums so received to the Secretary of State.
Sums so received which are not dealt with in accordance with provision made under subsection (8) must be paid by the Administrator to transport fuel suppliers, or to transport fuel suppliers of a specified description, in accordance with the specified system of allocation.
The Secretary of State must pay sums received by the Secretary of State by virtue of provision made under subsection (8)(b) into the Consolidated Fund.
The Secretary of State may by order—
appoint a person as the Administrator (“the new Administrator”) in place of a person previously so appointed by order under this Chapter (“the old Administrator”), and
provide for the transfer of the functions of the old Administrator to the new Administrator.
Only the following persons may be appointed as the Administrator by order under this section—
the Secretary of State;
a body or other person established or appointed by or under any enactment to carry out other functions;
a body corporate established by the order for appointment as the Administrator.
An order under this section that establishes a body for appointment as the Administrator may make any provision that may be made by an RTF order by virtue of section 125.
An order under this section may provide for the transfer of staff of the old Administrator, and of any property, rights or liabilities to which the old Administrator is entitled or subject, to the new Administrator and may, in particular—
provide for the transfer of any property, rights or liabilities to have effect subject to exceptions or reservations specified in or determined under the order;
provide for the creation of interests in, or rights over, property transferred or retained or for the creation of new rights and liabilities;
provide for the order to have effect in spite of anything that would prevent or restrict the transfer of the property, rights or liabilities otherwise than by the order.
The order may, in particular—
provide for anything done by or in relation to the old Administrator to have effect as if done by or in relation to the new Administrator;
permit anything (which may include legal proceedings) which is in the process of being done by or in relation to the old Administrator when the transfer takes effect to be continued by or in relation to the new Administrator;
provide for a reference to the old Administrator in an instrument or other document to be treated as a reference to the new Administrator;
where the old Administrator was established by order under this Chapter, make provision for the dissolution of the old Administrator;
make such modifications of any enactment relating to the old Administrator or the new Administrator as the Secretary of State considers appropriate for the purpose of facilitating the transfer.
An order under this section that provides for the transfer of staff of the old Administrator to the new Administrator must make provision for the Transfer of Undertakings (Protection of Employment) Regulations 2006 to apply to the transfer.
Subject to subsection (8), an order under this section is subject to the negative resolution procedure.
The power to make an order under this section is subject to the affirmative resolution procedure if the order—
contains provision by virtue of subsection (2)(c), or
makes any modification of an enactment contained in—
an Act of Parliament,
an Act of the Scottish Parliament,
a Measure or Act of the National Assembly for Wales, or
Northern Ireland legislation.
An RTF order may—
designate a provision made by or under this Chapter for the purposes of this section; and
provide that a person is to be liable to a civil penalty if—
he contravenes that provision; and
any other specified conditions are satisfied.
Where the Administrator is satisfied that a person (the “defaulter”) is so liable, he may give a notice to the defaulter in the specified manner (a “civil penalty notice”) imposing on the defaulter a penalty of such amount as the Administrator considers appropriate.
That penalty must not exceed the lesser of—
the specified amount; and
the amount equal to ten per cent of the turnover, as determined in the specified manner, of the specified business of the defaulter.
The civil penalty notice must—
set out the Administrator’s reasons for deciding that the defaulter is liable to a penalty;
state the amount of the penalty that is being imposed;
set out a date before which the penalty must be paid to the Administrator;
describe how payment may be made;
explain the steps that the defaulter may take if he objects to the penalty; and
set out and explain the powers of the Administrator to enforce the penalty.
The date for the payment of the penalty must not be less than 14 days after the giving of the civil penalty notice.
A penalty imposed by virtue of this section must be paid to the Administrator—
by the date set out in the civil penalty notice by which it is imposed; and
in a manner described in that notice.
Sums received by the Administrator by virtue of this section—
where the Administrator is the Secretary of State, must be paid into the Consolidated Fund, and
otherwise, must be paid to the Secretary of State, who must pay them into the Consolidated Fund.
A person to whom a civil penalty notice is given may give notice to the Administrator that he objects to the penalty on one or both of the following grounds—
that he is not liable to pay it;
that the amount of the penalty is too high.
The notice of objection—
must set out the grounds of the objection and the objector’s reasons for objecting on those grounds; and
must be given to the Administrator in the specified manner and within the specified period after the giving of the civil penalty notice.
The Administrator must consider a notice of objection given in accordance with this section and may then—
cancel the penalty;
reduce it;
increase it; or
confirm it.
The Administrator must not enforce a penalty in respect of which he has received a notice of objection before he has notified the objector of the outcome of his consideration of the objection.
That notification of the outcome of his consideration must be given, in the specified manner—
before the end of the specified period; or
within such longer period as he may agree with the objector.
Where, on consideration of an objection, the Administrator increases the penalty, he must give the objector a new civil penalty notice; and, where he reduces it, the notification mentioned in subsection (5) must set out the reduced amount.
A person to whom a civil penalty notice is given may appeal to the court on one or both of the following grounds—
that he is not liable to pay the penalty;
that the amount of the penalty is too high.
An appeal under this section must be brought within such period after the giving of the civil penalty notice as may be set out in rules of court.
On an appeal under this section, the court may—
allow the appeal and cancel the penalty;
allow the appeal and reduce the penalty; or
dismiss the appeal.
An appeal under this section is to be by way of a rehearing of the Administrator’s decision to impose the penalty.
The matters to which the court may have regard when determining an appeal under this section include all matters that the court considers relevant, including—
matters of which the Administrator was unaware when he made his decision; and
matters which (apart from this subsection) the court would be prevented from having regard to by virtue of rules of court.
An appeal under this section may be brought in relation to a penalty irrespective of whether a notice of objection under section 130 has been given in respect of that penalty or whether there has been an increase or reduction under that section.
In this section “the court” means—
in England and Wales or Northern Ireland, the High Court; and
in Scotland, the Court of Session.
In this Chapter—
For the purposes of this section a process powered by electricity that was generated by energy from a particular source is to be treated as being powered by energy from that source.
For the purposes of this section fuel is used for transport purposes if—
it is used as fuel for one or more of the following—
any mode of transport, including vehicles, vessels, aircraft and trains;
recreational craft which do not normally operate at sea;
... tractors;
non-road mobile machinery, including inland waterway vessels which do not normally operate at sea; or
it is used for producing fuel that is intended to be so used.
In this section—
references to a service provision change are references to a service provision change falling within regulation 3(1)(b) of the 2006 regulations.
As a consequence of the vesting, in accordance with the relevant scheme, of property, rights and liabilities in the transferee company, that company must issue to— such securities of the company as the Secretary of State may from time to time direct. In a case where the transferee company is a wholly-owned subsidiary of one of the Authorities, that company must, as a consequence of the vesting in that company of property, rights and liabilities, issue to the Authority in question such securities of the company as the Authority may from time to time direct. A direction under sub-paragraph (1) or (2) may be given to a company only at a time when the company is publicly owned. Securities issued in accordance with a direction under this paragraph— The consent of the Treasury is required for— The consent of the Secretary of State is required for the giving of a direction by either of the Authorities under sub-paragraph (2).
Dividends or other sums received by the Treasury or a Minister of the Crown in right of, or on the disposal of, securities or rights acquired by virtue of this Schedule must be paid into the Consolidated Fund.
Nothing in this Schedule is to be construed as prejudicing the ability of a Minister of the Crown or the Treasury, apart from the powers conferred on him or them by or under this Act or any other enactment—
to acquire or dispose of securities of a company other than the transferee company; or
to act through nominees for the purpose.
The application of the seal of the Police Authority is to be authenticated by the signature of— A document purporting to be— may be received in evidence and, except so far as the contrary is shown, is to be taken to be duly so executed or signed. This paragraph does not extend to Scotland.
In Part 5 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (police bodies to be public authorities for the purposes of that Act), after paragraph 63 insert—
An application for a safety zone notice must describe, by way of a map— The application must also— An application is not allowed to be made orally.
This paragraph applies where a public inquiry is to be held. In the case of an inquiry to be held in respect of an application— In the case of an inquiry in respect of a proposal of the Secretary of State, he must publish a notice in such manner as he considers appropriate for bringing the inquiry to the attention of persons likely to be affected by the proposal. A notice that is published under sub-paragraph (2) or (3) must contain— The notice must also set out— The place set out in accordance with sub-paragraph (5)(a) in the case of an inquiry in respect of an application for a safety zone notice must be the place determined in accordance with regulations made by the Secretary of State. If it appears to the Secretary of State, in the case of an inquiry in respect of such an application, that further notification of the inquiry should be given (in addition to the published notice) in order to secure that the matters set out in the published notice are sufficiently made known to persons who are likely to be affected by the application— If it appears to the Secretary of State, in the case of an inquiry in respect of a proposal of his, that further notification of the inquiry should be given (in addition to the published notice) in order to secure that the matters set out in the published notice are sufficiently made known to persons who are likely to be affected by the proposal, he must take such further steps for that purpose (whether by the service of notices, advertisement or otherwise) as he considers appropriate. The following provisions— shall apply in relation to a public inquiry held under this Schedule as they apply in relation to a local inquiry which a Minister causes to be held under subsection (1) of that section. For the purposes of this paragraph a public inquiry under sub-paragraph (6) of paragraph 5 in a case where that paragraph applies by virtue of sub-paragraph (1)(b) of that paragraph—
Regulations under this Schedule are subject to the negative resolution procedure.
An energy transfer scheme may contain provision— The property, rights and liabilities of the old energy company that may be transferred in accordance with an energy transfer scheme include— The transfers to which effect may be given by an energy transfer scheme include transfers of interests and rights that are to take effect in accordance with the scheme as if there were— as there would be, in the case of a transaction apart from this Act, by reason of a provision falling within sub-paragraph (4). A provision falls within this sub-paragraph to the extent that it has effect (whether under an enactment or agreement or otherwise) in relation to the terms on which the old energy company is entitled, or subject, to anything to which the transfer relates. Sub-paragraph (6) applies where (apart from that sub-paragraph) a person would be entitled, in consequence of anything done or likely to be done by or under this Act in connection with an energy transfer scheme— That entitlement— Sub-paragraphs (3) to (6) have effect where shares in a subsidiary of the old energy company are transferred— Sub-paragraphs (3) and (4) apply to the creation of an interest or right by an energy transfer scheme as they apply to the transfer of an interest or right.
An energy transfer scheme may make incidental, supplemental, consequential and transitional provision in connection with the other provisions of the scheme. Such provision may include different provision for different cases or different purposes. In particular, an energy transfer scheme may make provision, in relation to a provision of the scheme— Sub-paragraph (3)(c) does not apply to references in an enactment or in subordinate legislation. An energy transfer scheme may make provision for disputes as to the effect of the scheme between the old energy company and the new energy company to be referred to such arbitration as may be specified in or determined under the scheme. Where a person is entitled, in consequence of an energy transfer scheme, to possession of a document relating in part to the title to land or other property in England and Wales, or to the management of such land or other property— Where a person is entitled, in consequence of an energy transfer scheme, to possession of a document relating in part to the title to land or other property in Scotland or to the management of such land or other property, subsections (1) and (2) of section 16 of the Land Registration (Scotland) Act 1979 (c. 33) (omission of certain clauses in deeds) shall have effect in relation to the transfer— In this paragraph references to a transfer in accordance with an energy transfer scheme include references to the creation in accordance with such a scheme of an interest, right or liability.
Where the old energy company is a non-GB company, the property, rights and liabilities of that company which may be transferred by an energy transfer scheme, or in relation to which interests, rights or liabilities may be created by such a scheme, are confined to—
property of the old energy company in Great Britain;
rights and liabilities arising in relation to any such property; and
rights and liabilities arising in connection with the affairs and business of the company so far as carried on in Great Britain.
In this Schedule—
For the purposes of subsection (3) “sea”—
includes tidal rivers and estuaries;
does not include—
non-tidal rivers and canals where the significant wave height could not be expected to exceed 0.6 metres at any time; and
lakes and lochs where the significant wave height could not be expected to exceed 1.2 metres at any time.
This section applies to information held by or on behalf of the Commissioners for Her Majesty's Revenue and Customs in connection with their functions under or by virtue of the Hydrocarbon Oil Duties Act 1979.
Such information may be disclosed to— for the purposes of or in connection with the Administrator's functions.
the Administrator, or
an authorised person,
In this Chapter “authorised person” means a person who—
provides services to, or exercises functions on behalf of, the Administrator, and
is authorised by the Administrator to receive information to which this section applies.
The Administrator may authorise such a person to receive information to which this section applies either generally or for a specific purpose.
This section applies to information disclosed under section 131A, other than information which is also provided to the Administrator or an authorised person otherwise than under that section.
Information to which this section applies may not be disclosed— except as permitted by the following provisions of this section.
by the Administrator,
by an authorised person, or
by any other person who obtains it in the course of providing services to, or exercising functions on behalf of, the Administrator,
Subsection (2) does not apply to a disclosure made— for the purposes of, or in connection with, the discharge of the Administrator's functions.
by the Administrator to an authorised person,
by an authorised person to the Administrator, or
by an authorised person to another authorised person,
Subsection (2) does not apply to a disclosure if it is—
authorised by an enactment,
made in pursuance of an order of a court,
made for the purposes of a criminal investigation or criminal proceedings (whether or not within the United Kingdom) relating to a matter in respect of which the Administrator has functions,
made for the purposes of civil proceedings (whether or not within the United Kingdom) relating to a matter in respect of which the Administrator has functions,
made with the consent of the Commissioners for Her Majesty's Revenue and Customs, or
made with the consent of each person to whom the information relates.
A person commits an offence if—
he discloses information about a person in contravention of section 131B(2), and
the person's identity is specified in the disclosure or can be deduced from it.
In subsection (1) “information about a person” means revenue and customs information relating to a person within the meaning of section 19(2) of the Commissioners for Revenue and Customs Act 2005 (wrongful disclosure).
It is a defence for a person charged with an offence under this section to prove that he reasonably believed—
that the disclosure was lawful, or
that the information had already and lawfully been made available to the public.
A person guilty of an offence under this section is liable—
on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both, or
on summary conviction, to imprisonment for a term not exceeding twelve months or a fine not exceeding the statutory maximum or both.
A prosecution for an offence under this section—
may be brought in England and Wales only with the consent of the Director of Public Prosecutions;
may be brought in Northern Ireland only with the consent of the Director of Public Prosecutions for Northern Ireland.
In the application of this section in England and Wales the reference in subsection (4)(b) to twelve months is to be read as a reference to the general limit in a magistrates’ court (or in relation to an offence committed before 2 May 2022, to six months).
In the application of this section— the reference in subsection (4)(b) to twelve months is to be read as a reference to six months.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in Northern Ireland,
An RTF order may—
designate as recycled carbon fuel a description of liquid or gaseous fuel which is produced wholly from waste derived from a fossil source of energy;
designate as nuclear-derived fuel a description of liquid or gaseous fuel which is produced wholly using, or by a process powered wholly by, nuclear fuel.
Where a designation under subsection (1) is in force, the recycled carbon fuel or nuclear-derived fuel is to be treated for the purposes of this Chapter and any RTF order as renewable transport fuel.
References in this Chapter to the new trading and transmission arrangements are to new arrangements relating to the trading and transmission of electricity in Great Britain designed—
to promote the creation of a single competitive wholesale electricity trading market, and
to introduce a single set of arrangements for access to and use of any transmission system in Great Britain.
Expressions used in subsection (1) have the same meaning as in Part 1 of the 1989 Act (electricity supply), as amended by section 135.
If the Secretary of State considers it necessary or expedient to do so for the purpose of implementing the new trading and transmission arrangements (whether wholly or partly), he may modify—
the conditions of a particular licence under section 6 of the 1989 Act (licences authorising supply etc.), or
the standard conditions of licences of any of the types of licence mentioned in subsection (1) of that section (generation, transmission, distribution or supply licences).
The power under subsection (1) includes—
power to make modifications relating to the operation of distribution systems, and
power to make incidental, consequential or transitional modifications.
Before making modifications under this section, the Secretary of State shall consult the holder of any licence being modified and such other persons as he considers appropriate.
Subsection (3) may be satisfied by consultation before, as well as by consultation after, the commencement of this section.
The Secretary of State shall publish any modifications under subsection (1) in such manner as he considers appropriate.
Any modification under subsection (1)(a) of part of a standard condition of a licence shall not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of Part 1 of the 1989 Act.
Where the Secretary of State modifies the standard conditions of licences of any type under subsection (1)(b), GEMA shall—
make (as nearly as may be) the same modifications of those standard conditions for the purposes of their incorporation in licences of that type granted after that time, and
publish the modifications in such manner as it considers appropriate.
The power under subsection (1) may not be exercised after the end of the period of eighteen months beginning with the day on which that subsection comes into force.
In subsection (2)(a), the reference to distribution systems is to be construed in accordance with section 4(4) of the 1989 Act.
Section 4 of the 1989 Act (prohibition on unlicensed activities in connection with supply of electricity) is amended as follows.
In subsection (1) (which lists the activities prohibited), for paragraph (b) substitute—.
After subsection (3) insert—
“transmission”, in relation to electricity, means transmission by means of a transmission system; “transmission system” means a system which—
In section 6 of the 1989 Act (licences authorising supply etc.), in subsection (1) (kinds of licence which may be granted), for paragraph (b) substitute—.
After subsection (6) of that section insert—
In section 7 (licence conditions: general), after subsection (2) insert—
If the Secretary of State considers it necessary or expedient to do so for the purpose of implementing the new trading and transmission arrangements, he may determine new standard conditions in relation to transmission licences.
The Secretary of State shall publish any conditions determined under subsection (1) in such manner as he considers appropriate.
Conditions published in accordance with subsection (2) shall be standard conditions for the purposes of transmission licences, subject to any modifications of the standard conditions for the purposes of licences of that type made— after the determination under subsection (1).
under Part 1 of the 1989 Act, or
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
under this Act , ...
under the Energy Act 2013, or
under the Nuclear Energy (Financing) Act 2022,
The standard conditions for the purposes of transmission licences may contain provision—
for any standard condition included in a transmission licence not to have effect until brought into operation in such manner, and in such circumstances, as may be specified in, or determined under, the standard conditions;
for the effect of any standard condition included in such a licence to be suspended in such manner, and in such circumstances, as may be so specified or determined;
for any standard condition included in such a licence which is suspended to be brought back into operation in such manner, and in such circumstances, as may be so specified or determined.
In section 8A of the 1989 Act (standard conditions of licences), in subsection (1) (incorporation in future licences of conditions which are standard conditions by virtue of section 33(1) of the Utilities Act 2000 (c. 27)), for the words from “section 6(1)” to “supply licences)” substitute “ section 6(1)(a), (c) or (d) (that is to say, generation licences, distribution licences or supply licences) ”.
In that section, after subsection (1) insert—
The power under subsection (1) may not be exercised—
after the end of the period of eighteen months beginning with the day on which that subsection comes into force, or
on or after the day on which subsections (5) and (6) come into force.
Schedule 17 (which makes provision for a licensing scheme in relation to existing transmission licences) has effect.
If the Secretary of State considers it necessary or expedient to do so for the purpose of implementing the new trading and transmission arrangements, he may by direction—
require GEMA to grant a transmission licence to such person, and on such terms and subject to such conditions, as the direction may provide;
require GEMA to refuse an application for a transmission licence.
The Secretary of State shall consult GEMA before issuing a direction under subsection (1).
Subsection (2) may be satisfied by consultation before, as well as by consultation after, the commencement of this section.
The powers under subsection (1) may not be exercised after the end of the period of eighteen months beginning with the day on which that subsection comes into force.
The power under subsection (1)(a) may only be exercised on one occasion and then only to require the grant of a single licence.
The power under subsection (1)(b) may not be exercised once the power under subsection (1)(a) has been exercised.
If GEMA receives an application for a transmission licence at a time when the power under section 139(1)(b) is exercisable, it shall as soon as practicable send a copy of the application to the Secretary of State.
GEMA shall provide the Secretary of State with all such information as he may require for the purposes of or in connection with the carrying-out of any of his functions under this Chapter.
Each holder of a licence under section 6 of the 1989 Act shall provide the Secretary of State with all such information and other assistance as he may require for the purposes of or in connection with the carrying-out of any of his functions under this Chapter.
Section 105(1) of the Utilities Act 2000 (c. 27) (general restrictions on disclosure of information) does not apply to a disclosure made in pursuance of this section.
Schedule 18 (which makes provision about property arrangements schemes) has effect.
In this Chapter— and references to the new trading and transmission arrangements are to be construed in accordance with section 133.
Schedule 19 (which makes amendments consequential on the provisions of this Chapter) has effect.
Where the effect of— is to reduce in any respect the area in which the holder of a transmission licence may carry on activities, Schedule 4 to the 1989 Act shall have effect in relation to him as if any reference to the activities which he is authorised by his licence to carry on included a reference to the activities which he was previously so authorised to carry on.
a modification under section 134, or
a scheme under Schedule 17,
The Secretary of State may by order make in connection with the coming into force of any provision of this Chapter such transitional provision or saving as he considers necessary or expedient.
The 1989 Act is amended as follows.
In subsection (1) of section 4 (licensable activities), at the end of paragraph (c) insertor .
Before subsection (4) of that section insert—
In section 5(1) (power of the Secretary of State to grant exemptions from licensing), for “or (c)” substitute “ , (c) or (d) ”.
In section 6 (power to grant licences), after subsection (1)(d) insertor
After subsection (2) of that section insert—
Before subsection (7) of that section insert—
The Secretary of State must, before the commencement of subsection (6), determine standard conditions for electricity interconnector licences.
Those standard conditions may contain provision—
for a standard condition included in an electricity interconnector licence not to have effect until brought into operation in such manner, and in such circumstances, as may be specified in or determined under the standard conditions;
for the effect of a standard condition included in such a licence to be suspended in such manner, and in such circumstances, as may be so specified or determined; or
for a standard condition included in such a licence the effect of which is for the time being suspended to be brought back into operation in such manner, and in such circumstances, as may be so specified or determined.
The Secretary of State must publish the standard conditions determined by him under this section.
The publication must be in such manner as the Secretary of State considers appropriate.
The standard conditions determined by the Secretary of State have effect subject to any modifications made... under Part 1 of the 1989 Act , under this Act , under section 98 of the Energy Act 2011 or under section 37 or 45 of the Energy Act 2013.
Before subsection (2) of section 8A of the 1989 Act (standard conditions) insert—
In this section “electricity interconnector licence” means an interconnector licence under section 6(1)(e) of the 1989 Act.
The 1989 Act is amended as follows.
In section 3A—
in subsection (1) (principal objective of GEMA in relation to electricity), at the end insert “ or the provision or use of electricity interconnectors ”; and
in subsection (5)(a) (duty as to carrying out of functions), after “electricity”, where first occurring, insert “ or to participate in the operation of electricity interconnectors ”.
In section 29 (regulations)—
in subsection (1)(b), after “electricity”, where first occurring, insert “ from the use of electricity interconnectors, ”;
in subsection (2)(b), after “electricity” insert “ or in the use of electricity interconnectors ”;
in subsection (2)(c), after “electricity” insert “ or to participate in the operation of an electricity interconnector ”.
In section 30(2)(a) (duty of inspector to inspect apparatus belonging to licence holders), after “electricity” insert “ or to participate in the operation of electricity interconnectors ”.
In section 43 (concurrent functions of GEMA and the OFT under the Enterprise Act 2002), in each of subsections (2A) and (3), after “electricity” insert “ or the use of electricity interconnectors ”.
In section 58(2) (information protected by directions), after “electricity” insert “ or to participate in the operation of electricity interconnectors ”.
“electricity interconnector” has the meaning given by section 4(3E);
In section 98(1) (statistical information)—
after “electricity”, where first occurring, insert “ or the use of electricity interconnectors ”; and
at the end insert “ or to participate in the operation of electricity interconnectors ”.
This section applies where a person is participating in the operation of an electricity interconnector at the time when the power of GEMA to grant electricity interconnector licences comes into force.
The Secretary of State shall have power to grant such a licence to that person under section 6 of the 1989 Act.
Sections 6A(5), 7 and 8A of the 1989 Act (notice of licence and licence conditions) shall have effect in relation to the grant of licences by the Secretary of State by virtue of this section as if—
references in those sections to GEMA included references to the Secretary of State; and
in section 8A, the words “the Secretary of State and” in subsection (4)(b) and subsection (5) were omitted.
Before granting a licence to a person by virtue of this section, the Secretary of State must consult—
that person;
GEMA; and
such other persons as the Secretary of State considers appropriate.
Subsection (4) may be satisfied by consultation that took place wholly or partly before the commencement of this section.
In this section—
The Gas Act 1986 (c. 44) is amended as follows.
In subsection (1) of section 5 (prohibition on unlicensed activities)—
in paragraph (a), at the beginning insert “ otherwise than by means of a gas interconnector ”; and
after that paragraph insert—.
After subsection (5) of that section insert—
In section 6A(1) (power of the Secretary of State to grant exemptions from licensing), after “paragraph (a)” insert “ , (aa) ”.
In section 7(3) (no licence may be issued to holder of licence under section 7A), after “under section” insert “ 7ZA or ”.
After section 7 insert—
In section 7A(3) (no licence may be issued to holder of licence under section 7), after “section 7” insert “ or 7ZA ”.
In— after “section 7” insert “ , 7ZA ”.
the definitions of “licence” in sections 4AA(8) and 48(1), and
section 36(1) and (2)(d),
In section 24(1A)(a) (references to the Competition Commission for licence modifications), after sub-paragraph (i) insert—.
In section 41C(4) (addition of activities to prohibited activities), after paragraph (a) insert—.
“gas interconnector” has the meaning given by section 5(8);
The Secretary of State must, before the commencement of subsection (6) of this section, determine standard conditions for licences under section 7ZA of the Gas Act 1986 (c. 44).
Those standard conditions may contain provision—
for a standard condition included in a licence under section 7ZA of the Gas Act 1986 not to have effect until brought into operation in such manner, and in such circumstances, as may be specified in or determined under the standard conditions;
for the effect of a standard condition included in such a licence to be suspended in such manner, and in such circumstances, as may be so specified or determined; or
for a standard condition included in such a licence the effect of which is for the time being suspended to be brought back into operation in such manner, and in such circumstances, as may be so specified or determined.
The Secretary of State must publish the standard conditions determined by him under this section.
The publication must be in such manner as the Secretary of State considers appropriate.
The standard conditions determined by the Secretary of State have effect subject to any modifications made... under Part 1 of the Gas Act 1986 (c. 44) , under this Act or under section 98 of the Energy Act 2011.
In subsection (1) of section 8 of that Act (standard conditions)—
after “2000” insert “ or section 150 of the Energy Act 2004 ”; and
after paragraph (a) insert—.
After subsection (6) of that section insert—
In sections 23(1)(b) and (2), 26(1A) and 27(1)(b) and (2) of that Act (which relate to the modification of standard conditions), after “licences under section 7 above” insert “ , licences under section 7ZA above ”.
In sections 23(11) and 26(5) of that Act (which require the publication of modifications of standard conditions), after “section 7” insert “ , 7ZA ”.
In section 26A(9) of that Act (which also relates to the modification of such conditions), after “section 7” insert “ or section 7ZA ”.
In each of sections 9(1A) and 9A(1A) of the Pipe-lines Act 1962 (c. 58) (pipe-lines to which provision for construction of additional pipe-lines do not apply), for “neither upstream petroleum pipe-lines nor gas pipe-lines” substitute “ not an upstream petroleum pipe-line, a gas pipe-line or a gas interconnector ”.
In section 10(1)(b)(ii) of that Act (pipe-lines excluded from provisions for securing use of pipelines), for “is not” substitute “ is neither comprised in a gas interconnector nor ”.
The following provisions of that Act shall cease to have effect—
section 10B (cases to which section 10C applies);
in section 10C(1) the words “to which this section applies (a “relevant gas pipe-line”)”; and
in section 10C(2) to (11), the word “relevant” wherever occurring.
In section 66(1) of that Act (interpretation)—
“gas pipe-line” means a pipe-line used to convey gas to premises, or to a pipe-line system operated by a gas transporter (within the meaning of Part 1 of the Gas Act 1986), which—
“gas interconnector” has the same meaning as in Part 1 of the Gas Act 1986;
in the definition of “owner”, for “10B” substitute “ 10C ”.
In the Petroleum Act 1998 (c. 17)—
in section 17(1A) (exceptions to application of provisions for acquisition of rights to use pipelines), for the words from “and” onwards substitute “ or to a gas interconnector (within the meaning of Part 1 of the Gas Act 1986). ”; and
sections 17A and 17B (special rules for interconnectors) shall cease to have effect.
This section applies where a person is participating in the operation of a gas interconnector at the time when the power of GEMA to grant licences under section 7ZA of the Gas Act 1986 (c. 44) comes into force.
The Secretary of State shall have power to grant a licence to that person under section 7ZA of the Gas Act 1986.
Sections 7B and 8 of the Gas Act 1986 (general provisions relating to licences and licence conditions) shall have effect in relation to the grant of licences by the Secretary of State by virtue of this section as if—
references in those sections to GEMA included references to the Secretary of State;
sections 7B(1), (2) and (2A) were omitted; and
in section 8, the words “the Secretary of State, to” in subsection (5)(b) and subsection (6) were omitted.
Before granting a licence to a person by virtue of this section, the Secretary of State must consult—
that person;
GEMA; and
such other persons as the Secretary of State considers appropriate.
Subsection (4) may be satisfied by consultation that took place wholly or partly before the commencement of this section.
In this section “participating in the operation of a gas interconnector” has the same meaning as in Part 1 of the Gas Act 1986.
After section 64 of the Gas Act 1986 (c. 44) insert—
In this Chapter “energy administration order” means an order which—
is made by the court in relation to a protected energy company; and
directs that, while the order is in force, the affairs, business and property of the company are to be managed by a person appointed by the court.
The person appointed in relation to a company for the purposes of an energy administration order is referred to in this Chapter as the energy administrator of the company.
The energy administrator of a company must manage its affairs, business and property, and exercise and perform all his powers and duties as such, so as to achieve the objective set out in —
In relation to an energy administration order applying to a non-GB company, references in this section to the affairs, business and property of the company are references only to its affairs and business so far as carried on in Great Britain and to its property in Great Britain.
In this Chapter—
The objective of an energy administration is to secure—
that the company’s system is and continues to be maintained and developed as an efficient and economical system; and
that it becomes unnecessary, by one or both of the following means, for the energy administration order to remain in force for that purpose.
Those means are—
the rescue as a going concern of the company subject to the energy administration order; and
transfers falling within subsection (3).
A transfer falls within this subsection if it is a transfer as a going concern— of so much of that undertaking as it is appropriate to transfer for the purpose of achieving the objective of the energy administration.
to another company, or
as respects different parts of the undertaking of the company subject to the energy administration order, to two or more different companies,
The means by which transfers falling within subsection (3) may be effected include, in particular—
a transfer of the undertaking of the company subject to the energy administration order, or of a part of its undertaking, to a wholly-owned subsidiary of that company; and
a transfer to a company of securities of a wholly-owned subsidiary to which there has been a transfer falling within paragraph (a).
The objective of an energy administration may be achieved by transfers falling within subsection (3) to the extent only that—
the rescue as a going concern of the company subject to the energy administration order is not reasonably practicable or is not reasonably practicable without such transfers;
the rescue of that company as a going concern will not achieve that objective or will not do so without such transfers;
such transfers would produce a result for the company’s creditors as a whole that is better than the result that would be produced without them; or
such transfers would, without prejudicing the interests of those creditors as a whole, produce a result for the company’s members as a whole that is better than the result that would be produced without them.
In this section “the company’s system”, in relation to an energy administration, means— which the company subject to the energy administration order has been maintaining as the holder of a relevant licence.
the system of electricity distribution or of electricity transmission, or
the pipe-line system for the conveyance of gas,
In this section “efficient and economical”, in relation to a system for electricity distribution or electricity transmission, includes co-ordinated.
Subsection (9) applies if the company in relation to which an energy administration order is made has functions conferred by or by virtue of—
Chapter 2, 3 or 4 of Part 2 of the Energy Act 2013, or
an order made under section 46 of that Act (power of Secretary of State to transfer certain functions).
The objective of an energy administration (in addition to the objective mentioned in subsection (1)) is to secure—
that those functions are and continue to be carried out in an efficient and effective manner; and
that it becomes unnecessary, by one or both of the means mentioned in subsection (2), for the energy administration order to remain in force for that purpose.
The duty under section 154(3), so far as it relates to the objective mentioned in subsection (9)—
applies only to the extent that securing that objective is not inconsistent with securing the objective mentioned in subsection (1);
ceases to apply in respect of any function of a company if an order is made under section 46 of the Energy Act 2013 as a result of which the function is transferred from that company to another person.
An application for an energy administration order in relation to a company may be made only—
by the Secretary of State; or
with the consent of the Secretary of State, by GEMA.
The applicant for an energy administration order in relation to a company must give notice of the application to—
every person who has appointed an administrative receiver of the company;
every person who is or may be entitled to appoint an administrative receiver of the company;
every person who is or may be entitled to make an appointment in relation to the company under paragraph 14 of Schedule B1 to the 1986 Act (appointment of administrators by holders of floating charges); and
such other persons as may be prescribed by energy administration rules.
The notice must be given as soon as reasonably practicable after the making of the application.
In this section “administrative receiver” means—
an administrative receiver within the meaning given by section 251 of the 1986 Act for the purposes of Parts 1 to 7 of that Act; or
a person whose functions in relation to a non-GB company—
are equivalent to those of an administrative receiver; and
relate only to the affairs and business of the company so far as carried on in Great Britain and to its property in Great Britain.
On hearing an application for an energy administration order, the court has the following powers—
it may make the order;
it may dismiss the application;
it may adjourn the hearing conditionally or unconditionally;
it may make an interim order;
it may treat the application as a winding-up petition and make any order the court could make under section 125 of the 1986 Act (power of court on hearing winding-up petition);
it may make any other order which the court thinks appropriate.
The court may make an energy administration order in relation to a company only if it is satisfied—
that the company is unable to pay its debts;
that it is likely to be unable to pay its debts; or
that, on a petition by the Secretary of State under section 124A of the 1986 Act (petition for winding up on grounds of public interest), it would be just and equitable (disregarding the objective of the energy administration) to wind up the company in the public interest.
The court must not make an energy administration order in relation to a company on the ground set out in subsection (2)(c) unless the Secretary of State has certified to the court that the case is one in which he considers (disregarding the objective of the energy administration) that it would be appropriate for him to petition under section 124A of the 1986 Act.
The court has no power to make an energy administration order in relation to a company which—
is in administration under Schedule B1 to the 1986 Act; or
has gone into liquidation (within the meaning of section 247(2) of that Act).
An energy administration order comes into force—
at the time appointed by the court; or
if no time is so appointed, when the order is made.
An interim order under subsection (1)(d) may, in particular—
restrict the exercise of a power of the company or of its directors; or
make provision conferring a discretion on a person qualified to act as an insolvency practitioner in relation to the company.
Where the company in relation to which an application is made is a non-GB company, the reference in subsection (6)(a) to restricting the exercise of a power of the company or of its directors is a reference only to restricting the exercise of such a power—
within Great Britain; or
in relation to the company’s affairs or business so far as carried on in Great Britain, or to its property in Great Britain.
For the purposes of this section a company is unable to pay its debts if—
it is a company which is deemed to be so unable under section 123 of the 1986 Act (definition of inability to pay debts); or
it is an unregistered company which is deemed, by virtue of any of sections 222 to 224 of that Act, to be so unable for the purposes of section 221 of that Act (winding-up of unregistered companies), or which would be so deemed if it were an unregistered company for the purposes of those sections.
The energy administrator of a company—
is an officer of the court; and
in exercising and performing his powers and duties in relation to the company, is the company’s agent.
The management by the energy administrator of a company of any affairs, business or property of the company must be carried out for the purpose of achieving the objective of the energy administration as quickly and as efficiently as is reasonably practicable.
The energy administrator of a company must exercise and perform his powers and duties in the manner which, so far as it is consistent with the objective of the energy administration to do so, best protects—
the interests of the creditors of the company as a whole; and
subject to those interests, the interests of the members of the company as a whole.
A person is not to be the energy administrator of a company unless he is a person qualified to act as an insolvency practitioner in relation to the company.
Where the court makes an appointment in a case in which two or more persons will be the energy administrator of a company after the appointment, the appointment must set out—
which (if any) of the powers and duties of an energy administrator are to be exercisable or performed only by those persons acting jointly;
the circumstances (if any) in which powers and duties of an energy administrator are to be exercisable, or may be performed, by one of the persons appointed to be the energy administrator, or by particular appointees, acting alone; and
the circumstances (if any) in which things done in relation to one of the persons appointed to be the energy administrator, or in relation to particular appointees, are to be treated as done in relation to all of them.
Schedule 20 (which applies the provisions of Schedule B1 to the 1986 Act about ordinary administration orders and certain other enactments to energy administration orders) has effect.
Schedule 21 (which makes provision for transfer schemes to achieve the objective of an energy administration) has effect.
The power to make rules conferred by section 411 of the 1986 Act (company insolvency rules) shall apply for the purpose of giving effect to this Chapter as it applies for the purpose of giving effect to Parts 1 to 7 of that Act and, accordingly, as if references in that section to those Parts included references to this Chapter (including this Chapter as applied by section 96 of the Energy Act 2011 , section 4 of the Smart Meters Act 2018 , section 33 of the Nuclear Energy (Financing) Act 2022 or section 44 of the Energy Act 2023).
This section applies where a petition for the winding-up of a protected energy company is presented by a person other than the Secretary of State.
The court is not to exercise its powers on a winding-up petition unless—
notice of the petition has been served both on the Secretary of State and on GEMA; and
a period of at least fourteen days has elapsed since the service of the last of those notices to be served.
If an application for an energy administration order in relation to the company is made to the court in accordance with section 156(1) before a winding-up order is made on the petition, the court may exercise its powers under section 157, instead of exercising its powers on a winding-up petition.
References in this section to the court’s powers on a winding-up petition are references to—
its powers under section 125 of the 1986 Act (other than its power of adjournment); and
its powers under section 135 of that Act.
A protected energy company has no power to pass a resolution for voluntary winding up without the permission of the court.
Such permission may be granted only on an application made by the company.
The court is not to grant permission on such an application unless—
notice of the application has been served both on the Secretary of State and on GEMA; and
a period of at least fourteen days has elapsed since the service of the last of those notices to be served.
If an application for an energy administration order in relation to the company is made to the court in accordance with section 156(1) after an application for permission under this section has been made and before it is granted, the court may exercise its powers under section 157, instead of granting permission.
In this section “a resolution for voluntary winding up” has the same meaning as in the 1986 Act.
This section applies where an ordinary administration application is made in relation to a protected energy company by a person other than the Secretary of State.
The court must dismiss the application if—
an energy administration order is in force in relation to the company; or
an energy administration order has been made in relation to the company but is not yet in force.
Where subsection (2) does not apply, the court, on hearing the application, must not exercise its powers under paragraph 13 of Schedule B1 to the 1986 Act (other than its power of adjournment) unless—
notice of the application has been served both on the Secretary of State and on GEMA;
a period of at least fourteen days has elapsed since the service of the last of those notices to be served; and
there is no application for an energy administration order that is outstanding.
Paragraph 44 of Schedule B1 to the 1986 Act (interim moratorium) does not prevent, or require the permission of the court for, the making of an application for an energy administration order.
Upon the making of an energy administration order in relation to a protected energy company, the court must dismiss any ordinary administration application made in relation to that company which is outstanding.
In this section “ordinary administration application” means an application in accordance with paragraph 12 of Schedule B1 to the 1986 Act.
No step is to be taken by any person to make an appointment in relation to a company under paragraph 14 or 22 of Schedule B1 to the 1986 Act (powers of holder of floating charge and of the company itself and of its directors to appoint administrators) if—
an energy administration order is in force in relation to the company;
an energy administration order has been made in relation to the company but is not yet in force; or
an application for such an order is outstanding.
In the case of a protected energy company to which subsection (1) does not apply, an appointment in relation to that company under paragraph 14 or 22 of Schedule B1 to the 1986 Act takes effect only if each of the conditions mentioned in subsection (3) is met.
Those conditions are—
that a copy of every document in relation to the appointment that is filed or lodged with the court in accordance with paragraph 18 or 29 of Schedule B1 to the 1986 Act (documents to be filed or lodged for appointment of administrator) has been served both on the Secretary of State and on GEMA;
that a period of fourteen days has elapsed since the service of the last of those copies to be served;
that there is no outstanding application to the court for an energy administration order in relation to the company in question; and
that the making of an application for such an order has not resulted in the making of an energy administration order which is in force or is still to come into force.
Paragraph 44 of Schedule B1 to the 1986 Act (interim moratorium) does not prevent, or require the permission of the court for, the making of an application for an energy administration order at any time before the appointment takes effect.
No step to enforce a security over property of a protected energy company is to be taken by any person, unless—
notice of his intention to do so has been served both on the Secretary of State and on GEMA; and
a period of at least fourteen days has elapsed since the service of the last of those notices to be served.
In the case of a protected energy company which is a non-GB company, the reference in subsection (1) to the property of the company is a reference only to its property in Great Britain.
This section applies where an energy administration order has been made in relation to a company.
The Secretary of State may make grants or loans to the company of such amounts as it appears to him appropriate to pay or lend for achieving the objective of the energy administration.
A grant or loan under this section may be made in whatever manner, and on whatever terms, the Secretary of State considers appropriate.
The terms on which a grant may be made under this section include, in particular, terms requiring the whole or a part of the grant to be repaid to the Secretary of State if there is a contravention of the other terms on which the grant is made.
The terms on which a loan may be made under this section include, in particular, terms requiring— as the Secretary of State may from time to time direct.
the loan to be repaid at such times and by such methods, and
interest to be paid on the loan at such rates and at such times,
The consent of the Treasury is required—
for the making of a grant or loan under this section; and
for the giving by the Secretary of State of a direction under subsection (5).
The Secretary of State must pay sums received by him by virtue of this section into the Consolidated Fund.
This section applies where an energy administration order has been made in relation to a company.
The Secretary of State may agree to indemnify persons in respect of one or both of the following—
liabilities incurred in connection with the exercise and performance by the energy administrator of his powers and duties; and
loss or damage sustained in that connection.
The agreement may be made in whatever manner, and on whatever terms, the Secretary of State considers appropriate.
If sums are paid by the Secretary of State in consequence of an indemnity agreed to under this section, the company must pay him—
such amounts in or towards the repayment to him of those sums as he may direct; and
interest, at such rates as he may direct, on amounts outstanding under this subsection.
As soon as practicable after agreeing to indemnify persons under this section, the Secretary of State must lay a statement of the agreement before Parliament.
Payments to the Secretary of State under subsection (4) must be made at such times and in such manner as he may determine.
Subsection (4) does not apply in the case of a sum paid by the Secretary of State for indemnifying a person in respect of a liability to the company in relation to which the energy administration order was made.
The consent of the Treasury is required—
for the doing of anything by the Secretary of State under subsection (2);
for the giving by him of any direction under subsection (4); and
for the making of a determination under subsection (5).
The power of the Secretary of State to agree to indemnify persons—
is confined to a power to agree to indemnify persons in respect of liabilities, loss and damage incurred or sustained by them as relevant persons; but
includes power to agree to indemnify persons (whether or not they are identified or identifiable at the time of the agreement) who subsequently become relevant persons.
Where a sum has been paid out by the Secretary of State in consequence of an indemnity agreed to under this section, the Secretary of State must lay a statement relating to that sum before Parliament—
as soon as practicable after the end of the financial year in which that sum is paid out; and
(except where subsection (4) does not apply in the case of the sum) as soon as practicable after the end of each subsequent relevant financial year.
A person is a relevant person for the purposes of this section if he is—
the energy administrator;
an employee of the energy administrator;
a member or employee of a firm of which the energy administrator is a member;
a member or employee of a firm of which the energy administrator is an employee;
a member of a firm of which the energy administrator was an employee or member at a time when the order was in force;
a body corporate which is the employer of the energy administrator;
an officer, employee or member of such a body corporate.
In relation to a sum paid out in consequence of an indemnity, a financial year is a relevant financial year for the purposes of subsection (6A) unless—
before the beginning of that year, the whole of that sum has been repaid to the Secretary of State under subsection (4); and
the company in question is not at any time during that year subject to liability to pay interest on amounts that became due under that subsection in respect of that sum.
For the purposes of subsection (9)—
the references to the energy administrator are to be construed, where two or more persons are appointed to act as the energy administrator, as references to any one or more of them; and
the references to a firm of which a person was a member or employee at a particular time include references to a firm which holds itself out to be the successor of a firm of which he was a member or employee at that time.
The Secretary of State must pay sums received by him by virtue of subsection (4) into the Consolidated Fund.
This section applies where an energy administration order has been made in relation to a company.
The Secretary of State may guarantee—
the repayment of any sum borrowed by the company while the energy administration order is in force;
the payment of interest on such a sum; and
the discharge of any other financial obligation of the company in connection with the borrowing of such a sum.
The Secretary of State may give a guarantee under this section in such manner, and on such terms, as he thinks fit.
As soon as practicable after giving a guarantee under this section, the Secretary of State must lay a statement of the guarantee before Parliament.
If sums are paid out by the Secretary of State under a guarantee given under this section, the company must pay him—
such amounts in or towards the repayment to him of those sums as he may direct; and
interest, at such rates as he may direct, on amounts outstanding under this subsection.
Payments to the Secretary of State under subsection (5) must be made at such times, and in such manner, as he may from time to time direct.
Where a sum has been paid out by the Secretary of State under a guarantee given under this section, he must lay a statement relating to that sum before Parliament—
as soon as practicable after the end of the financial year in which that sum is paid out; and
as soon as practicable after the end of each subsequent relevant financial year.
In relation to a sum paid out under a guarantee, a financial year is a relevant financial year for the purposes of subsection (7) unless—
before the beginning of that year, the whole of that sum has been repaid to the Secretary of State under subsection (5); and
the company in question is not at any time during that year subject to liability to pay interest on amounts that became due under that subsection in respect of that sum.
The consent of the Treasury is required—
for the giving of a guarantee under this section; and
for the giving by the Secretary of State of a direction under subsection (5) or (6).
The Secretary of State must pay sums received by him by virtue of subsection (5) into the Consolidated Fund.
Where the Secretary of State considers it appropriate to do so in connection with the provision made by this Chapter, he may make—
modifications of the conditions of a gas or electricity licence held by a particular person;
modifications of the standard conditions of such licences of any type.
The power to make modifications under this section includes power to make incidental, consequential or transitional modifications.
Before making a modification under this section, the Secretary of State must consult—
the holder of any licence being modified; and
such other persons as he considers appropriate.
Subsection (3) may be satisfied by consultation that took place wholly or partly before the commencement of this section.
The Secretary of State must publish every modification made by him under this section.
The publication must be in such manner as the Secretary of State considers appropriate.
A modification under subsection (1)(a) of part of a standard condition of a licence does not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of Part 1 of the 1989 Act or Part 1 of the Gas Act 1986 (c. 44).
Where the Secretary of State makes modifications under subsection (1)(b) of the standard conditions of licences of any type, GEMA must—
make (as nearly as may be) the same modifications of those standard conditions for the purposes of their incorporation in licences of that type granted after that time; and
publish the modifications in such manner as it considers appropriate.
The Secretary of State’s powers under this section are exercisable only during the eighteen months beginning with the commencement of this section.
In section 81(2) of the Utilities Act 2000 (c. 27) (standard conditions of licences under Part 1 of the Gas Act), for “such modifications of the conditions made under Part I of the 1986 Act” substitute “ any modifications made under Part 1 of the 1986 Act or under the Energy Act 2004 ”.
In this section “gas or electricity licence” means a licence for the purposes of section 5 of the Gas Act 1986 (c. 44) or section 4 of the 1989 Act (prohibition on unlicensed activities).
The modifications that may be made under section 168 include, in particular, modifications imposing conditions requiring the holder of the licence—
so to modify the charges imposed by him for anything done by him in the carrying on of the licensed activities as to raise such amounts as may be determined by or under the conditions; and
to pay the amounts so raised to such persons as may be so determined for the purpose of—
their applying those amounts in making good any shortfall in the property available for meeting the expenses of an energy administration; or
enabling those persons to secure that those amounts are so applied.
Those modifications may include modifications imposing on the licence holder an obligation to apply amounts paid to him in pursuance of conditions falling within subsection (1)(a) or (b) in making good any such shortfall.
For the purposes of this section—
there is a shortfall in the property available for meeting the costs of an energy administration if, in a case where a company is or has been subject to an energy administration order, the property available (apart from conditions falling within subsection (1) or (2)) for meeting relevant debts is insufficient for meeting them; and
amounts are applied in making good that shortfall if they are paid in or towards discharging so much of a relevant debt as cannot be met out of the property otherwise available for meeting relevant debts.
In this section “relevant debt”, in relation to a case in which a company is or has been subject to an energy administration order, means an obligation—
to make payments in respect of the expenses or remuneration of any person as the energy administrator of that company;
to make a payment in discharge of a debt or liability of that company arising out of a contract entered into at a time when the order was in force by the person who at that time was the energy administrator of that company;
to repay the whole or a part of a grant made to that company under section 165;
to repay a loan made to the company under that section, or to pay interest on such a loan;
to make a payment under section 166(4); or
to make a payment under section 167(5).
The power to modify or apply enactments conferred on the Secretary of State by each of the sections of the Enterprise Act 2002 (c. 40) mentioned in subsection (2) includes power to make such consequential modifications of this Chapter (including this Chapter as applied by section 96 of the Energy Act 2011 , section 4 of the Smart Meters Act 2018 , section 33 of the Nuclear Energy (Finance) Act 2022 or section 44 of the Energy Act 2023) as he considers appropriate in connection with any other provision made under that section.
Those sections are—
sections 248 and 277 (amendments consequential on that Act); and
section 254 (power to apply insolvency law to foreign companies).
In this Chapter—
In this Chapter references to the energy administrator of a company—
include references to a person appointed under paragraph 91 or 103 of Schedule B1 to the 1986 Act, as applied by Part 1 of Schedule 20 to this Act, to be the energy administrator of that company; and
where two or more persons are appointed to be the energy administrator of that company, are to be construed in accordance with the provision made under section 158(5).
References in this Chapter to a person qualified to act as an insolvency practitioner in relation to a company are to be construed in accordance with Part 13 of the 1986 Act (insolvency practitioners and their qualifications); but as if references in that Part to a company included references to a Northern Ireland company.
For the purposes of this Chapter an application made to the court is outstanding if it—
has not yet been granted or dismissed; and
has not been withdrawn.
For the purposes of subsection (4) an application is not to be taken as having been dismissed if an appeal against the dismissal of the application, or a subsequent appeal, is pending.
An appeal shall be treated as pending for the purposes of subsection (5) if—
such an appeal has been brought and has been neither determined nor withdrawn;
an application for permission to appeal has been made but has not been determined or withdrawn; or
no such appeal has been brought and the period for bringing an appeal is still running.
References in this Chapter to Schedule B1 to the 1986 Act, or to a provision of that Schedule (except the references in subsection (2) of this section), are references to that Schedule or that provision without the modifications made by Part 1 of Schedule 20 to this Act.
In this section “Northern Ireland company” means a company registered under the Companies Act 2006 in Northern Ireland.
The Secretary of State must, in 2005 and in every subsequent calendar year—
publish a report dealing, as regards both the short term and the long term, with the availability of electricity and gas for meeting the reasonable demands of consumers in Great Britain; and
lay that report before Parliament.
The report must include, in particular, overall assessments, as regards both the short term and the long term, of each of the following—
generating capacity in Great Britain and its offshore waters so far as it will be utilised for generating electricity for introduction into transmission systems in Great Britain;
the availability of capacity in those systems and in distribution systems in Great Britain for transmitting and distributing electricity for supply to consumers in Great Britain;
the availability of capacity in infrastructure in Great Britain for use in connection with the introduction of gas into licensed pipe-line systems in Great Britain; and
the availability of capacity in those systems for conveying gas to consumers in Great Britain.
The report , other than the assessment by virtue of subsection (2A), must be prepared jointly by the Secretary of State and GEMA.
In 2012 and in every subsequent calendar year the report must also include, in particular, as regards each of the assessment periods, an assessment by the Secretary of State of what electricity supply capacity is required.
In this section—
For the purposes of subsection (2A) the electricity supply capacity required is the capacity required for the purpose of meeting the demands of consumers for the supply of electricity in Great Britain, including spare capacity to allow for unexpected demands or unexpected loss of capacity.
The assessment periods, in relation to a report under subsection (1), are—
each of the four calendar years immediately following the year of the report; or
any other periods that the Secretary of State specifies by order.
An assessment by virtue of subsection (2A) must take into account, in particular—
the generation of electricity;
the operation of electricity interconnectors;
the storage of electricity;
the extent to which the available capacity of a generating station is likely to be lower than its maximum possible capacity due to routine maintenance, weather conditions or any other expected limitation on its operation;
demand side response.
An order under this section is subject to the negative resolution procedure.
An appeal ... from a decision by GEMA to which this section applies shall lie to the Competition and Markets Authority (in this Chapter referred to as “the CMA”).
This section applies to a decision by GEMA if—
it is a decision relating to a document by reference to which provision is made by a condition of a gas or electricity licence;
that document is designated for the purposes of this section by an order made by the Secretary of State;
the decision consists in the giving or refusal of a consent by virtue of which the document has effect, or would have had effect, for the purposes of the licence with modifications or as reissued; and
the decision is not of a description of decisions for the time being excluded from the right of appeal under this section by an order made by the Secretary of State.
An appeal against a decision may be brought under this section only by—
a person whose interests are materially affected by it; or
a body or association whose functions are or include representing persons in respect of interests of theirs that are so affected.
This section also applies to a decision by GEMA to give a direction under section 36C of the Gas Act 1986 (power to direct a modification of the Uniform Network Code).
The permission of the CMA is required for the bringing of an appeal under this section.
But subsection (2A) does not have effect in relation to such a decision if it falls within a description of decisions for the time being excluded from the right of appeal under this section by an order made by the Secretary of State.
The CMA may refuse permission only on one of the following grounds—
that the appeal is brought for reasons that are trivial or vexatious;
that the appeal has no reasonable prospect of success.
This section also applies to a decision by GEMA to modify a designated document (within the meaning of Part 6 of the Energy Act 2023) under section 192 of that Act.
Before making an order under this section, the Secretary of State must consult—
GEMA; and
such other persons as he considers appropriate.
An order excluding decisions from the right of appeal under this section may provide—
for the exclusion to apply only in such cases as may be determined in accordance with the order; and
for a determination in accordance with the order to be made by such persons, in accordance with such procedures, and by reference to such matters and the opinions of such persons (including GEMA), as may be provided for in the order.
An order made by the Secretary of State under this section is subject to the negative resolution procedure.
In this section—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
... Schedule 22 (procedure on appeals) has effect.
Except where specified otherwise in Schedule 22, the functions of the CMA with respect to appeals under section 173 are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.
This section applies to every appeal brought under section 173 of this Act.
In determining the appeal the CMA must have regard, to the same extent as is required of GEMA, to the matters to which GEMA must have regard—
in the carrying out of its principal objectives under section 4AA of the Gas Act 1986 (c. 44) and section 3A of the 1989 Act (principal objectives and general duties);
in the performance of its duties under those sections; and
in the performance of its duties under sections 4AB and 4A of that Act of 1986 and sections 3B and 3C of the 1989 Act (environmental and health and safety considerations).
In determining the appeal the CMA—
may have regard to any matter to which GEMA was not able to have regard in the case of the decision appealed against; but
must not, in the exercise of that power, have regard to any matter to which GEMA would not have been entitled to have regard in that case had it had the opportunity of doing so.
The CMA may allow the appeal only if it is satisfied that the decision appealed against was wrong on one or more of the following grounds—
that GEMA failed properly to have regard to the matters mentioned in subsection (2);
that GEMA failed properly to have regard to —
the purposes for which the relevant condition has effect (in the case of an appeal by virtue of section 173(2)), or
the purposes of the power to give a direction under section 36C of the Gas Act 1986 or the purposes of Standard Special Condition A11 of licences granted under section 7 of that Act (in the case of an appeal by virtue of section 173(2A));
that GEMA failed to give the appropriate weight to one or more of those matters or purposes;
that the decision was based, wholly or partly, on an error of fact;
that the decision was wrong in law.
Where the CMA does not allow the appeal, it must confirm the decision appealed against.
Where it allows the appeal, it must do one or more of the following—
quash the decision appealed against;
remit the matter to GEMA for reconsideration and determination in accordance with the directions given by the CMA;
where it quashes the refusal of a consent, give directions to GEMA, and to such other persons as it considers appropriate, for securing that the relevant condition has effect as if the consent had been given.
A person shall not be directed under subsection (6) to do anything that he would not have power to do apart from the direction.
A person to whom a direction is given under subsection (6) must comply with it; and such a direction given to a person other than GEMA shall be enforceable as if it were an order of the High Court or (in Scotland) of the Court of Session.
The decision of the CMA on the appeal—
must be contained in an order made by the CMA;
must set out the reasons for the decision;
takes effect at the time specified in the order or determined in accordance with provision set out in that order;
must be notified by the CMA to the persons who (within the meaning of Schedule 22) were parties to the appeal; and
must be published by the CMA in such manner as it considers appropriate for bringing it to the attention of other persons likely to be affected by it.
The CMA may exclude from what it publishes under subsection (9)(e) any information which it is satisfied is—
commercial information the disclosure of which would, or might, significantly harm the legitimate business interests of an undertaking to which it relates;
information relating to the private affairs of an individual the disclosure of which would, or might, in its opinion, significantly harm his interests.
In this section—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the functions for the purposes of which members of the Competition Commission are appointed under subsection (1) of section 104 of the Utilities Act 2000 (c. 27) (specialist members); and
the functions for the purposes of which the members appointed under that subsection before the commencement of this section were appointed.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where the Secretary of State considers it appropriate to do so— he may make licence modifications falling within subsection (2).
in connection with the provision made by sections 173 to 175 and Schedule 22, or
in relation to references to the Competition Commission under section 24 of the Gas Act 1986 (c. 44) or section 12 of the 1989 Act (modification references),
Those licence modifications are—
modifications of so much of the standard conditions of gas or electricity licences of any type as relates to licence charges; and
such incidental, consequential or transitional modifications in connection with modifications falling within paragraph (a) as he thinks fit.
Where the standard conditions of gas or electricity licences contain provision authorising the imposition of licence charges in respect of costs incurred by the Competition Commission in connection with a reference mentioned in subsection (1)(b)—
the Competition Commission shall have power, on such a reference, to give directions to GEMA about the manner in which the Competition Commission’s costs in connection with that reference are to be recovered by means of such charges; and
GEMA must comply with any such directions.
Before making a modification under this section that applies to licences of any type, the Secretary of State must consult—
the holders of the licences; and
such other persons as he considers appropriate.
Subsection (4) may be satisfied by consultation that took place wholly or partly before the commencement of this section.
The Secretary of State must publish every modification made by him under this section.
The publication must be in such manner as the Secretary of State considers appropriate.
Where the Secretary of State makes modifications under this section of the standard conditions of licences of any type, GEMA must—
make (as nearly as may be) the same modifications of those standard conditions for the purposes of their incorporation in licences of that type granted after that time; and
publish the modifications in such manner as it considers appropriate.
The Secretary of State’s powers under this section are exercisable only during the three months beginning with the commencement of this section.
In this section—
In each of section 4AA of the Gas Act 1986 (c. 44) and section 3A of the 1989 Act (principal objective and general duties), after subsection (5) insert—
“supply”, in relation to electricity, means its supply to premises in cases where— but does not include its supply to premises occupied by a licence holder for the purpose of carrying on activities which he is authorised by his licence to carry on;
In each of the provisions specified in subsection (3) (which all refer to electricity conveyed by distribution systems), after “distribution systems” insert “ or transmission systems ”.
Those provisions are—
section 3A(1), (5)(a) and (7) of the 1989 Act (principal objectives and general duties applying to electricity regulation);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
section 48(1) of that Act (publication of information and advice);
section 4AA(4)(a) of the Gas Act 1986 (principal objectives and general duties applying to gas regulation); and
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
An order under section 198 for bringing into force provisions of this section may contain any such transitional provision in connection with bringing those provisions into force as the Secretary of State thinks appropriate.
The transitional provision that may be included in an order under subsection (4) includes provision which has effect by reference to determinations made in accordance with that provision by a person specified in the order.
“high voltage line” means an electric line which— and “low voltage line” shall be construed accordingly;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In Schedule 2B to the Gas Act 1986 (c. 44) (which sets out the gas code), for paragraph 6A substitute—
A pre-payment meter installed by an authorised supplier through which a customer of such a supplier takes his supply of electricity shall not be used to recover a sum unless— An agreement falls within this sub-paragraph if— The sums that regulations under this paragraph may permit the recovery of through a pre-payment meter include— Before making regulations under this paragraph the Authority must consult—
In Schedule 8 to the 1989 Act (procedure for consents under sections 36 and 37 relating to the installation of generating stations and electric lines), after paragraph 5 insert—
This section does not extend to Scotland.
In section 36 of the Gas Act 1986 (c. 44) (register to be kept by GEMA), after subsection (2) insert—
In subsection (2) of that section, after “Subject to” insert “ subsection (2A) and to ”.
For section 49(3) of 1989 Act (matters needing to be excluded so far as practicable from register to be kept by GEMA) substitute—
If it appears to the Secretary of State— he may make an order under this section.
that the costs of distributing electricity within a particular area of Great Britain are significantly higher (when calculated on a per customer basis) than in other areas of Great Britain, and
that within that area there are at least 100,000 premises that are connected to the same distribution system,
An order under this section is one that establishes a scheme which—
requires authorised transmitters to make a payment each year to relevant distributors distributing electricity in that area of Great Britain of such amount as may be determined in accordance with provision contained in the scheme;
requires the charges imposed by the authorised transmitters on authorised suppliers to be adjusted in accordance with the scheme for the purpose of enabling the transmitters to make that payment; and
requires relevant distributors in receipt of a payment under the order to secure, in accordance with the order, that the benefit of the payment is passed to the authorised suppliers supplying electricity in the area of Great Britain in question.
An order under this section establishing a scheme in relation to the distribution of electricity within a particular area must specify the area.
For the purpose of facilitating the implementation of a scheme for which an order under this section provides, such an order may make such modifications as the Secretary of State considers appropriate of the conditions of the licences of authorised suppliers, of authorised transmitters and of authorised distributors.
For the purpose of carrying out the functions conferred on him by or under this section the Secretary of State may require— to supply him, in a specified form and within a specified time, with information of a specified description.
an authorised supplier,
an authorised distributor, or
an authorised transmitter,
No person may be required under this section to supply information he could not be compelled to give in evidence in civil proceedings in the High Court or the Court of Session.
Before making an order under this section, the Secretary of State must consult such persons as he considers appropriate.
Subsection (7) may be satisfied by consultation that took place wholly or partly before the commencement of this section.
An order under this section is subject to the negative resolution procedure.
Where a scheme established under this section in relation to the distribution of electricity within a particular area is in force, no scheme shall be established under this section in relation to the distribution of electricity outside that area.
Where a scheme is established under this section, it shall be the duty of the Secretary of State to carry out a review of that scheme—
three years after its establishment; and
thereafter at three yearly intervals.
Part 1 of the 1989 Act shall have effect as if every requirement or other duty imposed on a licence holder under this section were a relevant requirement within the meaning of that Part (see section 25(8) of that Act).
In this section—
The Secretary of State may make an order under this section if it appears to him—
that a particular area in Great Britain is suitable as a location for the generation of electricity from renewable sources;
that, as a result, that area represents an area of high potential for the development of the generation of electricity from such sources; and
that that development is likely to be deterred, or otherwise hindered in a material respect, by the level of charges that would (apart from the order) be imposed by authorised transmitters on persons generating electricity in that area from renewable sources.
An order under this section is one that establishes a scheme which—
limits the amounts of charges that authorised transmitters may impose on persons so generating electricity in that area to amounts determined in accordance with provision contained in the scheme; and
requires the charges imposed by the authorised transmitters on authorised suppliers to be adjusted in accordance with the scheme for the purpose of making good shortfalls resulting from that limitation.
An order under this section establishing a scheme in relation to the generation of electricity from renewable sources in a particular area must specify the area.
For the purpose of facilitating the implementation of a scheme an order under this section may make such modifications as the Secretary of State considers appropriate of the conditions of the licences of authorised transmitters and of authorised suppliers.
If subsection (1) is satisfied in the case of two or more separate areas in Great Britain, an order under this section may relate to both, or all, of those areas.
For the purpose of carrying out the functions conferred on him by or under this section the Secretary of State may require— to supply him, in a specified form and within a specified time, with information of a specified description.
an authorised supplier,
an authorised distributor, or
an authorised transmitter,
This section has effect in relation to an order which, by virtue of subsection (3A), relates to two or more areas as if references in subsections (2), (3) and (10) to the area to which the scheme established by the order relates (however expressed) were references to the combined area.
No person may be required under subsection (5) to supply information he could not be compelled to give in evidence in civil proceedings in the High Court or the Court of Session.
Before making an order under this section the Secretary of State must—
publish a draft of any scheme proposed to be established by the order;
publish an assessment of the costs likely to be incurred by different persons in consequence of the order; and
consult authorised suppliers and such other persons likely to be affected by the order as he considers appropriate.
An assessment published under subsection (7)(b) must set out, in particular, the Secretary of State’s assessment of the likely effect of the order on charges for electricity in Great Britain.
Subsection (7) may be satisfied by publications and consultation taking place wholly or partly before the commencement of this section.
Where a scheme in relation to the generation of electricity from renewable sources within a particular area is in force, no scheme shall be established in relation to the generation of electricity from renewable sources outside that area.
A scheme shall not be applied in relation to a time later than 4 October 2034.
A scheme—
shall not be applied for a period of more than five years; but
subject to subsection (11), may be renewed at any time by a further order under this section for a period of no more than five years from the coming into force of the further order.
Part 1 of the 1989 Act shall have effect as if every requirement or other duty imposed on a licence holder under this section were a relevant requirement within the meaning of that Part (see section 25(8) of that Act).
In this section—
The power to make an order containing provision authorised by this section is subject to the affirmative resolution procedure.
In section 105 of the Utilities Act 2000 (c. 27) (general restrictions on disclosure of information)—
in subsection (1)(a) for “or Part I of the 1989 Act” substitute “ , Part 1 of the 1989 Act or section 184(5) or 185(5) of the Energy Act 2004 ”; and
in subsection (3)(a) after “1989 Act” insert “ , section 184 or 185 of the Energy Act 2004 ”.
If the Scottish Ministers so direct, the person prescribed under section 33(1)(b) of the 1989 Act (collection of fossil fuel levy) must pay an amount into the Scottish Consolidated Fund out of money that has been paid under section 33(5A) of that Act.
The Scottish Ministers shall, in making budget proposals to the Scottish Parliament, include provision that the required amount for the financial year to which the proposals relate be used for the purpose of promoting the use of energy from renewable sources.
In subsection (2)—
In subsection (3), “fossil fuel” means coal, substances produced directly or indirectly from coal, lignite, natural gas, crude liquid petroleum, or petroleum products (and “natural gas” and “petroleum products” have the same meanings as in the Energy Act 1976 (c. 76)).
The Scottish Ministers' duty under subsection (2) is without prejudice to any power or duty of theirs apart from this section to spend money for the purpose mentioned in that subsection.
In this section references to section 33 of the 1989 Act are references to that section as it has effect in Scotland.
The Secretary of State may by regulations make provision requiring the payment to him of charges in respect of any of the following—
services or facilities provided or made available by him in the carrying out of his relevant energy functions;
the consideration or supervision by him, for purposes connected with the carrying out of any of those functions, of any matter;
the issue by him, in the carrying out of those functions, of a licence;
the doing of anything else which is done by him—
in the carrying out of any of those functions; or
for purposes which are incidental to, or otherwise connected with, the carrying out of any of those functions.
The matters in respect of which charges may be imposed under this section include—
the performance of a duty imposed on the Secretary of State; and
things done in relation to, or to activities carried on in, the territorial sea adjacent to the United Kingdom or an area designated under section 1(7) of the Continental Shelf Act 1964 (c. 29).
The persons who may be made liable for charges imposed by regulations under this section are—
any of the persons to whom, or on whose application, the service or facility in question is provided or made available;
any of the persons on whose application the matter in question is considered, or to whom that matter relates;
any of the persons whose activities are supervised;
any of the persons to whom, or on whose application, the licence in question is issued;
any of the persons on whose application the other thing is done.
In exercising his powers under this section to fix the amount of the charge to be paid by a person of a particular description, the Secretary of State may fix any amount that appears to him to be appropriate having regard to the costs that the Secretary of State is likely to incur in the carrying out— of the relevant energy functions in respect of which the charge is imposed.
in relation to persons of that description, or
in a manner that benefits persons of that description,
The provision that may be made by regulations under this section includes—
provision specifying the times at which charges imposed under such regulations become due;
provision specifying the manner in which they are to be paid; and
provision for charges that must be paid periodically in respect of any matter.
Regulations under this section are subject to the negative resolution procedure.
The references in this section to the Secretary of State’s relevant energy functions are references to the powers and duties of the Secretary of State by or under any of the following—
the Pipe-lines Act 1962 (c. 58);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Energy Act 1976 (c. 76);
so much of Part 2 of the Food and Environment Protection Act 1985 (c. 48) as has effect in connection with anything specified in subsection (8);
the Gas Act 1986 (c. 44);
the 1989 Act;
the Gas Act 1995 (c. 45);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
so much of the Pollution Prevention and Control Act 1999 (c. 24) as has effect in connection with anything specified in subsection (8);
Chapters 2 and 3 of Part 2 of this Act;
Chapters 2 to 4 of Part 3 of this Act;
so much of any EU instrument as has effect in connection with anything specified in subsection (8).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The matters mentioned in subsection (7) are—
the carrying out of exploration for petroleum;
the winning or production of petroleum;
the generation, transmission, distribution or supply of electricity;
the conveyance, supply, storage or processing of gas;
pipelines for the conveyance of petroleum that are situated in Great Britain;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Renewable Energy Zones and renewable energy installations;
the protection of the environment from activities carried on in connection with anything mentioned in the preceding paragraphs.
In this section—
The power to make regulations under this section—
is in addition to every other power to impose charges in connection with the carrying out by the Secretary of State of his relevant energy functions; and
is to be disregarded in construing those other powers.
The Secretary of State must pay sums received by him by virtue of regulations under this section into the Consolidated Fund.
This section applies in relation to the Scottish Ministers as it applies in relation to the Secretary of State, and in its application to the Scottish Ministers it is to be read as if for subsections (6) and (7) there were substituted—, and as if the reference in subsection (11) to the Consolidated Fund were a reference to the Scottish Consolidated Fund.
This section applies in relation to the Welsh Ministers as it applies in relation to the Secretary of State, and in its application to the Welsh Ministers it is to be read as if—
for subsections (6) and (7) there were substituted—, and
the reference in subsection (11) to the Consolidated Fund were a reference to the Welsh Consolidated Fund.
Her Majesty may by Order in Council make any modifications of the Petroleum Act 1998 (c. 17) that Her Majesty considers appropriate for the purpose of securing that effect is given to an international agreement to which this section applies.
This section applies to an international agreement (whether entered into before or after the passing of this Act) which relates in whole or in part to the construction, operation, use, decommissioning or abandonment of a pipeline or offshore installation.
The power under this section to modify the Petroleum Act 1998 includes—
power to provide for provision made by or under that Act to have effect (with or without modifications) in relation to a foreign area;
power to provide for provisions of that Act having effect (with or without modifications) in relation to a foreign area, so far as they apply to individuals, to apply to them whether or not they are British citizens;
power to provide for provisions of that Act having effect (with or without modifications) in relation to a foreign area, so far as they apply to bodies corporate, to apply to them whether or not they are incorporated under the law of a part of the United Kingdom; and
power to provide for modifications of that Act to come into force before the coming into force of the international agreement to which they relate.
An Order in Council under this section may—
modify powers under the Petroleum Act 1998 to make subordinate legislation;
make provision for a reference in a modification made by the Order to a specified document to operate as a reference to that document as revised or re-issued from time to time; and
provide for the delegation of powers exercisable by virtue of modifications made by the Order.
The power to make an Order in Council containing provision authorised by this section is subject to the affirmative resolution procedure.
In this section—
Sections 4AA to 4B of the Gas Act 1986 (c. 44) (principal objectives and general duties) apply to the carrying out as respects— of functions conferred on the Secretary of State or GEMA by or under Chapters 2 to 4 of Part 3 of this Act as they apply in relation to the carrying out of functions conferred on him, or on it, by or under Part 1 of that Act.
activities required to be authorised by gas licences,
such licences and the conditions of such licences, or
companies holding such licences,
Sections 3A to 3D of the 1989 Act (principal objectives and general duties) apply to the carrying out as respects— of functions conferred on the Secretary of State or GEMA by or under section 90 or 91 or Part 3 of this Act (other than section 179(4)) as they apply in relation to the carrying out of functions conferred on him, or on it, by or under Part 1 of that Act.
activities required to be authorised by electricity licences,
such licences and the conditions of such licences, or
companies holding such licences,
In section 3A(2)(b) of the 1989 Act (duty to have regard to ability of licence holders to finance obligations under Part 1 or the Utilities Act 2000), for “or the Utilities Act 2000” substitute “ , the Utilities Act 2000 or Part 2 or 3 of the Energy Act 2004 ”.
In this section—
This section applies to— and this section is to be disregarded in determining the generality of those or any other powers conferred on the Secretary of State by this Act or otherwise.
the Secretary of State’s powers under Chapters 2 to 4 of Part 3 of this Act with respect to the conditions of gas licences; and
his powers under sections 90 and 91 and Part 3 of this Act with respect to the conditions of electricity licences;
Conditions included in a gas licence, or in an electricity licence, by virtue of a power to which this section applies need not relate to the activities authorised by the licence.
Conditions included in a gas licence by virtue of a power to which this section applies may do any of the things authorised by section 7B(4A) or (5) of the Gas Act 1986 (which apply to GEMA’s power with respect to licence conditions under section 7B(4)(a)).
Conditions included in an electricity licence by virtue of a power to which this section applies may do any of the things authorised by section 7(2) to (4) of the 1989 Act (which apply to GEMA’s power with respect to licence conditions under section 7(1)(a)).
In this section—
Every power conferred by this Act on the Secretary of State, the Welsh Ministers or the Treasury to make an order or regulations is a power exercisable by statutory instrument.
Where— the statutory instrument containing the Order in Council, order or regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.
this Act provides for an Order in Council, order or regulations made by the Secretary of State or the Treasury to be subject to the negative resolution procedure, and
a draft of the Order in Council, order or regulations has not been required, in accordance with subsection (3) or any other enactment, to be laid before Parliament and approved by a resolution of each House, or by a resolution of the House of Commons,
Where this Act specifies that a power of the Secretary of State or the Treasury to make any provision by Order in Council or other order is subject to the affirmative resolution procedure, no order under this Act containing that provision (with or without other provision) shall be made unless a draft of the Order in Council or other order has been—
laid before Parliament; and
approved by a resolution of each House.
Where — the statutory instrument containing the order or regulations shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.
this Act provides for an order or regulations made by the Welsh Ministers to be subject to the negative resolution procedure, and
a draft of the order or regulations has not been required, in accordance with this or any other enactment, to be laid before and approved by a resolution of the National Assembly for Wales,
Subject to subsection (5), every power under this Act to make an Order in Council and every power conferred by this Act on the Secretary of State, the Welsh Ministers, the Scottish Ministers or the Treasury to make an order or regulations includes power—
to make different provision for different cases (including different provision in respect of different areas);
to make provision subject to such exemptions and exceptions as the person exercising the power thinks fit; and
to make such incidental, supplemental, consequential and transitional provision as that person thinks fit.
Subsection (4) does not apply to—
the Secretary of State’s power to make an order under section 39(3);
the power to make an Order in Council under section 84(4); or
so much of the Secretary of State’s power to make an order under section 198 as is exercisable otherwise than by virtue of section 179(4) and (5).
This section applies where provision made (in whatever terms) by or under this Act (other than sections 129 to 131 or Chapter 3 of Part 3) authorises or requires—
a notification to be given to a person; or
a document of any other description (including a copy of a document) to be sent to a person.
The notification or document may be given or sent to the person in question—
by delivering it to him;
by leaving it at his proper address; or
by sending it by post to him at that address.
The notification or document may be given or sent to a body corporate by being given or sent to the secretary or clerk of that body.
The notification or document may be given or sent to a firm by being given or sent to—
a partner in the firm; or
a person having the control or management of the partnership business.
The notification or document may be given or sent to an unincorporated body or association by being given or sent to a member of the governing body of the body or association.
For the purposes of this section and section 7 of the Interpretation Act 1978 (c. 30) (service of documents by post) in its application to this section, the proper address of a person is—
in the case of a body corporate, the address of the registered or principal office of the body;
in the case of a firm, or an unincorporated body or association, the address of the principal office of the firm, body or association;
in the case of a person to whom the notification or other document is given or sent in reliance on any of subsections (3) to (5), the proper address of the body corporate, firm or (as the case may be) other body or association in question; and
in any other case, the last known address of the person in question.
In the case of— the references in subsection (6) to its principal office include references to its principal office within the United Kingdom (if any).
a company registered outside the United Kingdom,
a firm carrying on business outside the United Kingdom, or
an unincorporated body or association with offices outside the United Kingdom,
In this section “notification” includes notice; and references in this section to sending a document to a person include references to making an application to him.
This section has effect subject to section 194.
This section applies where—
section 193 authorises the giving or sending of a notification or other document by its delivery to a particular person (“the recipient”); and
the notification or other document is transmitted to the recipient—
by means of an electronic communications network; or
by other means but in a form that nevertheless requires the use of apparatus by the recipient to render it intelligible.
The transmission has effect for the purposes of this Act as a delivery of the notification or other document to the recipient, but only if the requirements imposed by or under this section are complied with.
Where the recipient is the NDA—
it must have indicated its willingness to receive the notification or other document in a manner mentioned in subsection (1)(b);
the transmission must be made in such manner, and satisfy such other conditions, as it may require; and
the notification or other document must take such form as it may require.
Where the person making the transmission is the NDA, it may (subject to subsection (5)) determine—
the manner in which the transmission is made; and
the form in which the notification or other document is transmitted.
Where the recipient is a person other than the NDA— must have indicated to the person making the transmission the recipient’s willingness to receive notifications or documents transmitted in the form and manner used.
the recipient, or
the person on whose behalf the recipient receives the notification or other document,
An indication to any person for the purposes of subsection (5)—
must be given to that person in such manner as he may require;
may be a general indication or one that is limited to notifications or documents of a particular description;
must state the address to be used and must be accompanied by such other information as that person requires for the making of the transmission; and
may be modified or withdrawn at any time by a notice given to that person in such manner as he may require.
An indication, requirement or determination given, imposed or made by the NDA for the purposes of this section is to be given, imposed or made by being published in such manner as it considers appropriate for bringing it to the attention of the persons who, in its opinion, are likely to be affected by it.
Subsection (8) of section 193 applies for the purposes of this section as it applies for the purposes of that section.
The Secretary of State may, by order, make provision specifying, for the purposes of any enactment or subordinate legislation contained in or made under this Act, the manner of determining—
the times at which things done under that enactment or subordinate legislation by means of electronic communications networks are done; and
the places at which such things are so done, and at which things transmitted by means of such networks are received.
The provision made by subsection (1) may include provision as to the country or territory in which an electronic address is to be treated as located.
An order made by the Secretary of State may also make provision about the manner of proving in any legal proceedings—
that something done by means of an electronic communications network satisfies the requirements of an enactment or subordinate legislation contained in or made under this Act for the doing of that thing; and
the matters mentioned in subsection (1)(a) and (b).
An order under this section may provide for such presumptions to apply (whether conclusive or not) as the Secretary of State considers appropriate.
An order under this section is subject to the negative resolution procedure.
In this Act—
“nuclear pension scheme” means a scheme that is a nuclear pension scheme for the purposes of Schedule 8; and
In this Act—
references to pensions, allowances or gratuities include references to any similar benefits provided on death or retirement; and
references to the payment of pensions, allowances or gratuities to or in respect of a person include references to the making of payments towards the provision of the payment of pensions, allowances or gratuities to or in respect of that person.
In the Atomic Energy Authority Act 1971 (c. 11), the following provisions shall cease to have effect—
section 4(1) (BNFL to make property etc. available to the UKAEA); and
section 11(1) to (3) (provisions as to shares in BNFL and the Radiochemical Company).
In section 11(4) of that Act (subscription for shares by the Secretary of State), for “either of the companies” substitute “ the Nuclear Fuels Company ”.
In section 12(1) of that Act (loans to BNFL and the Radiochemical Company), for “either of the companies” and “the company to which the loan is made” substitute, respectively, “ the Nuclear Fuels Company ” and “ that Company ”.
In section 20 of that Act, subsection (4) (powers to exclude employees of BNFL and Amersham from the UKAEA pension scheme) shall cease to have effect.
In section 1(1) of the Nuclear Industry (Finance) Act 1977 (c. 7) (Government guarantees for BNFL and the Radiochemical Company), the words “or The Radiochemical Centre Limited (“T.R.C.L.”)” shall cease to have effect.
In subsection (1) of section 2 of that Act (financial limits)—
for the words from “financial limits” to “B.N.F.L.,” substitute “ financial limit applicable to B.N.F.L. is ”;
paragraph (b) and the word “and” immediately preceding it shall cease to have effect; and
for “either company” substitute “ the company ”.
In subsection (2) of that section for “either of the two companies” substitute “ B.N.F.L. ”.
In section 11A(10) of the 1989 Act, in paragraph (b) of the definition of “relevant licence holder”, the words “(by virtue of anything done under section 33(2) of the Utilities Act 2000)” shall cease to have effect.
The enactments in Part 1 of Schedule 23 (which include some that are spent) are repealed to the extent shown in the second column of that Part of that Schedule.
Those repeals have effect subject to the provisions set out in Part 2 of that Schedule.
This Act may be cited as the Energy Act 2004.
This Act (apart from this section) shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes.
Subject to subsection (4) of this section, this Act extends to Northern Ireland.
The following provisions of this Act do not extend to Northern Ireland—
Chapter 3 of Part 1 (with the exception of section 59 and paragraphs 1, 5, 6, 8, 10(1) and (2) and 11 of Schedule 14);
so much of Part 2 as amends the 1989 Act;
sections 82, 90, 91 and 100; and
Part 3 (with the exception of section 151(5)).
Section 2
Section 11
Section 13
Section 27
Section 38
“waters regulated under this Chapter” has the meaning given by section 105(10).
A nuclear transfer scheme may set out the property, rights and liabilities to be transferred in one or more of the following ways—
by specifying or describing them in particular;
by identifying them generally by reference to, or to a specified part of, an undertaking from which they are to be transferred; or
by specifying the manner in which they are to be determined.
A nuclear transfer scheme may contain provision for imposing on a transferee or transferor an obligation— as may be specified or described in the scheme. Subject to sub-paragraphs (3) and (4) of this paragraph, paragraph 2 does not enable— to give effect to a transfer, or to create an interest or right, which could not have been made or created by or under that agreement or instrument apart from that paragraph. A nuclear transfer scheme may provide for— to include, to the extent specified in the scheme, a transfer, interest or right that may be made or created by virtue of paragraph 2(2). A nuclear transfer scheme may provide for paragraph 2(4) and (5) to apply to interests or rights affected by— Where paragraph 2(4) and (5) does apply to interests or rights so affected, it shall apply as if references to the nuclear transfer scheme included references to the agreement or instrument in question. An obligation imposed on a person by virtue of sub-paragraph (1) shall be enforceable by the relevant person in civil proceedings— The relevant person for the purposes of sub-paragraph (6) is the person with, or in favour of whom, the agreement or instrument is to be entered into or executed.
A certificate issued by the Secretary of State to the effect that any property, right or liability vested at a particular time in accordance with a nuclear transfer scheme in a person specified in the certificate shall be conclusive evidence of the matters specified in the certificate.
The 2006 regulations apply to a transfer of an undertaking or business or part of an undertaking or business— as if (in so far as that would not otherwise be the case) the references in those regulations to the transferor were references to the person in whom that undertaking or business or that part of an undertaking or business was vested immediately before the coming into force of the transfer. The 2006 regulations apply to a service provision change— as if (in so far as that would not otherwise be the case) the references in those regulations to the transferor were references to the person by whom the activities affected by the service provision change were carried out immediately before the coming into force of the service provision change. It shall be the duty of the Secretary of State, before— to give such notice of his proposals to such persons as he considers appropriate for enabling the provisions of the 2006 regulations applicable to a transfer (or service provision change) in accordance with the scheme or agreement to be complied with by the transferor. In sub-paragraph (2) “the transferor”, in relation to a transfer (or service provision change), means the person who is the transferor in relation to that transfer (or service provision change) for the purposes of the 2006 regulations. In this paragraph—
In this Schedule— References in this Schedule to a right or to an entitlement to a right include references to an entitlement to exercise a right; and, accordingly, references to a right’s arising include references to its becoming exercisable.
In this Schedule— The Secretary of State may designate a company for the purposes of this Schedule as a designated BNFL company only if, without being a subsidiary of the UKAEA, it is a publicly controlled company to which— were transferred (whether in accordance with a nuclear transfer scheme or otherwise) at a time when both the person from whom they were transferred and the company to which they were transferred were publicly controlled. For the purposes of this Schedule a body corporate is wholly-owned by the Crown if it is a company limited by shares each of which is held on behalf of the Crown. A share in a company is held on behalf of the Crown if, and only if, it is held by— An order designating a company for the purposes of this Schedule must be laid before Parliament. References in this Schedule to a nuclear transfer scheme include references to any modification agreement (within the meaning of Schedule 5) relating to that scheme. In this paragraph “company” means a company as defined in section 1(1) of the Companies Act 2006.
Subject to paragraph 6, the Secretary of State may guarantee— The Secretary of State may give a guarantee under this paragraph in such manner, and on such terms, as he thinks fit. As soon as practicable after giving a guarantee under this paragraph, the Secretary of State must lay a statement of the guarantee before Parliament. If sums are paid out by the Secretary of State under a guarantee given under this paragraph, the company whose obligations are fulfilled by the payment must pay him— Payments to the Secretary of State under sub-paragraph (4) must be made at such times, and in such manner, as he may from time to time direct. Where a sum has been paid out by the Secretary of State under a guarantee given under this paragraph, he must lay a statement relating to that sum before Parliament— In relation to a sum paid out under a guarantee, a financial year is a relevant financial year for the purposes of sub-paragraph (6) unless— The consent of the Treasury is required— The Secretary of State must pay sums received by him by virtue of sub-paragraph (4) into the Consolidated Fund.
This paragraph applies if the articles of association of a transferee company confer on a Minister of the Crown powers exercisable with the consent of the Treasury for, or in connection with, restricting the sums of money that may be borrowed or raised during any period by some or all of the members of the group to which that company belongs. Those powers shall be exercisable in the national interest notwithstanding any rule of law or the provisions of any enactment. For the purposes of this paragraph, an alteration of the articles of association of the company shall be disregarded if the alteration— In this paragraph “group”, in relation to a company, means the following companies, taken together—
For the purposes of this Part of this Schedule a transfer of a person’s employment is made for NDA purposes if his employment immediately after the transfer takes effect is—
employment with the NDA or a subsidiary of the NDA; or
other employment the duties of which consist wholly or mainly of duties relating to matters connected with the carrying out by the NDA of its functions.
The Secretary of State may direct the UKAEA to make such modifications of a UKAEA pension scheme as may be specified in the direction for the purpose of requiring or enabling the transfer of funds and liabilities arising under the scheme in a case falling within sub-paragraph (2). That case is where a person ceases to be a participant in the scheme in consequence of— A direction by the Secretary of State under this paragraph may prescribe—
It shall be the duty of the NDA to secure that provision is made for ensuring that consultation with the persons specified in sub-paragraph (2) takes place before any transfer arrangements in relation to which persons are entitled to pension protection take effect. Those persons are— Before such transfer arrangements take effect, the NDA must satisfy itself that every person entitled to pension protection in relation to the arrangements will be entitled, by virtue of the employment that he will hold after the relevant time— The NDA’s duty under sub-paragraph (3) is owed to every person who is entitled to pension protection in relation to the transfer arrangements. In the case of a person to whom paragraph 9(5)(d)(ii) applies, the references in sub-paragraph (3) to a person being entitled to exercise an option are to be construed as references to a person being entitled to exercise an option if his employer exercises the entitlement mentioned in paragraph 9(5)(d)(ii). For the purposes of sub-paragraph (3), a pension scheme is an appropriate pension scheme in relation to a person if the NDA is satisfied that— the benefits that are available under those provisions are no less favourable than the benefits available under the provisions (taken as a whole) of the nuclear pension scheme in respect of which he is entitled to protection under this Part of this Schedule. In sub-paragraph (6) the reference to the scheme in respect of which a person is entitled to protection under this Part of this Schedule is a reference to— and the reference, in relation to such a person, to the provisions of that scheme is a reference to its provisions as in force immediately before the time specified in sub-paragraph (8). That time is— Where a person— this Part of this Schedule shall have effect in relation to that person as if that scheme were a nuclear pension scheme. Sub-paragraph (9) does not apply in relation to a person to whom paragraph 9(5)(d)(ii) applied when the NDA discharged its duty to that person under sub-paragraph (3) unless the person’s employer exercises the entitlement mentioned in paragraph 9(5)(d)(ii). In this paragraph “relevant time” has the same meaning as in paragraph 9.
Section 39
Section 45
Section 46
The NDA may, by direction, make such modifications of a relevant pension scheme as it considers appropriate for purposes connected with extending the groups of persons who may participate in the scheme to— The NDA may also, by direction, make such further modifications of a relevant pension scheme that has been modified by a direction under sub-paragraph (1) as it considers appropriate for purposes connected with conferring functions in relation to the scheme’s operation or management on the NDA. For the purposes of this paragraph a person is a qualifying employer in relation to a relevant pension scheme if— A person falls within this sub-paragraph if immediately before the transfer in question takes effect, he— Where employees, or directors or other officers, of a qualifying employer participate in a pension scheme by virtue of a direction under this paragraph, the employer must pay to the trustee of the scheme in respect of that participation— The modifications of a pension scheme that may be made under this paragraph include modifications that make supplemental, consequential or transitional provision. The modifications of a pension scheme that may be made under this paragraph do not include modifications that would, to any extent, deprive a member of the scheme of pension rights that accrued to him under the scheme before the coming into force of the modification. Before making a modification of a pension scheme under this paragraph the NDA must consult— The consent of the Secretary of State is required for the giving of a direction under this paragraph. In this paragraph “relevant pension scheme” means—
A UKAEA pension scheme may apply to employees of a designated BNFL company which is publicly controlled as it applies to persons to whom it applies apart from this paragraph. The Secretary of State may, by direction, require the UKAEA to make such modifications of a UKAEA pension scheme as the Secretary of State considers appropriate in respect of the participation in such a scheme of employees of a designated BNFL company which is publicly controlled. The Secretary of State may also, by direction, require the UKAEA to make such modifications of a UKAEA pension scheme as the Secretary of State considers appropriate for applying the provisions of such a scheme to persons— A direction under this paragraph may require the UKAEA to make such supplemental, consequential and transitional provision modifying a UKAEA pension scheme as the Secretary of State considers appropriate. Before giving a direction under this paragraph, the Secretary of State must consult— The power of the Secretary of State to give directions under this paragraph— A designated BNFL company must pay such amounts to the UKAEA in respect of the participation in a pension scheme by virtue of this paragraph of employees of the company, or of any of its directors or other officers, as are— In this paragraph “designated BNFL company” has the same meaning as in Schedule 7.
Section 47
This paragraph applies where, in consequence of a nuclear transfer scheme, a subsidiary of the NDA becomes a relevant site licensee. For the purposes of the application of the enactments mentioned in sub-paragraph (3) to the assets of the company which has become a relevant site licensee, that company shall be treated as continuing, for so long as it is a relevant site licensee, to be a member of the group of companies of which it was a member immediately before the scheme took effect. Those enactments are— The reference in sub-paragraph (2) to the group of companies of which a company was a member is to be construed—
This paragraph applies where— For the purposes of the 1992 Act, the securities shall be treated as disposed of to the transferee for a consideration of such amount as would secure that, on the disposal, neither a gain nor a loss accrues to the transferor.
In this Part of this Schedule “relevant site licensee” has the same meaning as in subsection (4) of section 27 (see subsection (5)).
Stamp duty is not to be chargeable— except to the extent that the scheme or instrument includes provision in relation to private transfers. But where, by virtue of sub-paragraph (1), stamp duty is not chargeable at all, or is chargeable only to a reduced extent, on a nuclear transfer scheme or instrument, the scheme or instrument is to be treated as duly stamped only if— An agreement which is made for the purposes of a nuclear transfer scheme or purposes connected with such a scheme is not to give rise to stamp duty reserve tax except to the extent that the agreement relates to private transfers. In this paragraph—
Section 51
Section 53
Section 61
Section 63
Section 69
Section 75
Section 95
Section 138
Section 141
Section 143
Section 159
Section 159.
Section 174
Section 197
Short title and chapter Extent of repeal Atomic Energy Authority Act 1954 (c. 32) Section 2(2)(d). Section 9(8). In Schedule 1, paragraph 4. In Schedule 3, the paragraphs relating to section 3 of the Special Constables Act 1923, section 2 of the Metropolitan Police Act 1860 and section 6 of the Public Stores Act 1875. Pipe-lines Act 1962 (c. 58) In section 9(7), the words “and section 10B”. In section 9A(7), the words “and section 10B”. Section 10B. In section 10C— in subsection (1), the words “to which this section applies (a “relevant gas pipe-line”)”; and in subsections (2) to (11), the word “relevant” wherever occurring. In section 66(1), the definition of “interconnector”. Continental Shelf Act 1964 (c. 29) In section 8(1), the words “high voltage”. Nuclear Installations Act 1965 (c. 57) Section 27(2), (3) and (6). In Schedule 1— paragraph 4(1) and (3); in paragraph 7, sub-paragraph (b) and the word “and” immediately preceding it. Atomic Energy Authority Act 1971 (c. 11) In section 4— subsections (1) and (3); and in subsection (4) the words “subsection (1) or” and “the Nuclear Fuels Company, or between the Authority and”. Section 11(1) to (3). Section 19. Section 20(4). Atomic Energy Authority (Special Constables) Act 1976 (c. 23) Section 1. Section 2. Section 4. Nuclear Industry (Finance) Act 1977 (c. 7) In section 1(1), the words “or the Radiochemical Centre Limited (“T.R.C.L.”)” and “concerned”. In section 2(1), paragraph (b) and the word “and” immediately preceding it. Atomic Energy (Miscellaneous Provisions) Act 1981 (c. 48) Section 1(6). Police and Criminal Evidence Act 1984 (c. 60) Section 6(3) and (4). In section 23, the word “and” at the end of the definition of “premises”. Gas Act 1986 (c. 44) In section 7(1), paragraph (c) and the word “or” immediately preceding it. Ministry of Defence Police Act 1987 (c. 4) In section 2(5), the definition of “United Kingdom Atomic Energy Authority Constabulary”. In section 2A(4), the definition of “United Kingdom Atomic Energy Authority Constabulary” and the word “and” immediately preceding it. In section 2B(3), the definition of “United Kingdom Atomic Energy Authority Constabulary”. Section 7(3) and (4)(a). Electricity Act 1989 (c. 29) In section 4(1)(b), the word “or” at the end. In section 6— in subsection (1)(c), the word “or” at the end; and in subsection (9), the definition of “authorised area”. In section 11A(10), in paragraph (b) of the definition of “relevant licence holder”, the words “(by virtue of anything done under section 33(2) of the Utilities Act 2000)”. In section 64(1), the definition of “authorised area”. Atomic Energy Authority Act 1995 (c. 37) Sections 1 to 10. Sections 12 and 13. Schedules 1 to 4. Petroleum Act 1998 (c. 17) Sections 17A and 17B. In section 17H— in subsection (1) the words “17B(6) and”; and in subsection (4), the words “17B(1) and (3)”. In section 27(1A), the words “of downstream gas pipelines and”. In section 28(1), the definition of “downstream gas pipeline”. Terrorism Act 2000 (c. 11) In section 44(4C), the word “or” at the end of paragraph (a). Utilities Act 2000 (c. 27) Section 28(3)(b). In section 33(1), the words “transmission licences,”. Section 53(5). In Schedule 6, paragraph 31(2)(a). Criminal Justice and Police Act 2001 (c. 16) Section 88(7)(c). Anti-terrorism, Crime and Security Act 2001 (c. 24) Section 76. Section 78(2). In section 98(6), paragraph (b) and the word “and” immediately preceding it. In section 100(4), the definition of “United Kingdom Atomic Energy Authority Constabulary” and the word “and” immediately preceding it. In Schedule 7, paragraph 26. Police Reform Act 2002 (c. 30) In section 82(5), the definition of “the United Kingdom Atomic Energy Authority Constabulary”.
The repeal by this Act of section 19 of the Atomic Energy Authority Act 1971 (c. 11) does not affect so much of any designation under that section as identifies a person for the purposes of obligations imposed by regulations made under section 77 of the Anti-terrorism, Crime and Security Act 2001 (c. 24).
The repeal by this Act of a provision of the Atomic Energy Authority Act 1995 (c. 37) does not affect that provision so far as it has effect in relation to—
a transfer scheme under that Act that was made before the coming into force of the repeal; or
a company that is a successor company by reference to such a scheme.
The repeal by this Act of section 76 of the Anti-terrorism, Crime and Security Act 2001 does not affect the construction of any subordinate legislation which defines expressions by reference to definitions contained in that section.