Revision of the International Health Regulations: severe acute respiratory syndrome (SARS): report by the Secretariat
It is the duty of the Secretary of State to ensure, in respect of each year in relation to which a decarbonisation target range is set, that the carbon intensity of electricity generation in the United Kingdom is no greater than the maximum permitted level of the decarbonisation target range.
The Secretary of State may by order (“a decarbonisation order”) set or amend a decarbonisation target range in relation to a year.
A “decarbonisation target range”, in relation to any year, means a range for the carbon intensity of electricity generation in the United Kingdom.
Section 4 makes further provision in relation to subsection (3).
The earliest year in relation to which a decarbonisation target range may be set is 2030; and the first decarbonisation order may not be made before the date on which the carbon budget for the budgetary period which includes the year 2030 is set by virtue of the duty of the Secretary of State under section 4(2)(b) of the Climate Change Act 2008.
A decarbonisation order may amend a decarbonisation target range only if it appears to the Secretary of State that significant changes affecting the basis on which the decarbonisation target range was set (or previously amended) make it appropriate to do so.
The Secretary of State may not revoke a decarbonisation order unless, in respect of each year in relation to which the order sets a decarbonisation target range, a decarbonisation target range remains in effect.
A decarbonisation order may—
amend section 23(4) of the Climate Change Act 2008 (alteration of budgetary periods) so that after “Act” there is inserted “ or sections 1 to 4 of the Energy Act 2013 ”;
repeal section 5 of the Energy Act 2010 (reports on decarbonisation and CCS progress).
Provision made by virtue of subsection (8) may also—
include incidental, supplementary and consequential provision;
make transitory or transitional provision or savings.
A decarbonisation order is to be made by statutory instrument and a statutory instrument containing a decarbonisation order may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
Before laying before Parliament a draft of a statutory instrument containing a decarbonisation order the Secretary of State must consult the Department of Enterprise, Trade and Investment, the Scottish Ministers and the Welsh Ministers.
The following matters must be taken into account by the Secretary of State in setting or amending a decarbonisation target range.
The matters are—
scientific knowledge about climate change;
technology relevant to the generation and storage of electricity and to the demand for and use of electricity;
economic circumstances, and in particular the likely impact on the economy and the competitiveness of particular sectors of the economy;
fiscal circumstances, and in particular the likely impact on taxation, public spending and public borrowing;
social circumstances, and in particular the likely impact on fuel poverty;
the structure of the energy market in the United Kingdom;
differences in circumstances between England, Wales, Scotland and Northern Ireland;
circumstances at European and international level;
the duties of the Secretary of State under sections 1 and 4(1)(b) of the Climate Change Act 2008 (carbon targets and budgets).
As soon as is reasonably practicable after a decarbonisation order is made, the Secretary of State must lay before Parliament a report setting out proposals and policies for fulfilling the duty in section 1(1).
Before laying the report under subsection (1), the Secretary of State must consult the Department of Enterprise, Trade and Investment, the Scottish Ministers and the Welsh Ministers; and the Secretary of State must send a copy of the report to them.
The Secretary of State must in respect of each year— lay before Parliament a statement of the carbon intensity of electricity generation in the United Kingdom in relation to that year.
beginning with the year after the first year in which a decarbonisation order is made, and
ending with the final year in relation to which a decarbonisation target range is set,
Section 4 makes further provision in relation to subsection (3).
The statement must include—
a summary of the means by which the carbon intensity was calculated;
in any statement after the first, a declaration of whether the carbon intensity has decreased or increased since the previous statement.
In respect of any year in relation to which a decarbonisation target range is set, the statement must also include—
a declaration that the carbon intensity in relation to that year was no greater than the maximum permitted level of the decarbonisation target range, or
the reasons why the carbon intensity in relation to that year was greater than the maximum permitted level of the decarbonisation target range.
The statement required by subsection (3) must be laid before Parliament not later than the 31st March in the second year following the year in respect of which the carbon intensity is being stated.
The Secretary of State must send a copy of the statement required by subsection (3) to the Department of Enterprise, Trade and Investment, the Scottish Ministers and the Welsh Ministers.
In sections 1 and 3, “carbon intensity of electricity generation in the United Kingdom” means grams of carbon dioxide equivalent emissions, measured per kilowatt hour of electricity generated in the United Kingdom (calculated consistently with international carbon reporting practice).
For the purposes of subsection (1)—
“carbon dioxide equivalent” means a gram of carbon dioxide or an amount of any other greenhouse gas with an equivalent global warming potential (calculated consistently with international carbon reporting practice);
“the United Kingdom” includes—
the territorial sea adjacent to the United Kingdom, and
any area for the time being designated by an Order in Council under section 84(4) of the Energy Act 2004 (a “Renewable Energy Zone” for the purposes of that Act).
In this section—
“greenhouse gas” has the meaning given by section 92(1) of the Climate Change Act 2008;
“international carbon reporting practice” has the meaning given by section 94(1) of that Act.
But the Secretary of State may by order make further provision about— and subsections (1) to (3) are subject to provision made by any such order.
the meaning of “carbon intensity of electricity generation in the United Kingdom” (including, in particular, the meaning of “the United Kingdom”);
the means by which the carbon intensity is to be calculated;
the meaning of “in relation to any year”;
An order under this section is to be made by statutory instrument and a statutory instrument containing such an order may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
An order under this section may—
include incidental, supplementary and consequential provision;
make transitory or transitional provision or savings;
make different provision for different cases or circumstances or for different purposes;
make provision subject to exceptions.
Before laying before Parliament a draft of a statutory instrument containing an order under this section the Secretary of State must consult the Department of Enterprise, Trade and Investment, the Scottish Ministers and the Welsh Ministers.
In exercising the function of making— the Secretary of State must have regard to the matters mentioned in subsection (2).
regulations under section 6;
an order under section 23;
a modification under section 26;
regulations under section 27;
a modification under section 37;
a modification under section 45;
an order under section 46;
The matters are—
the duties of the Secretary of State under sections 1 and 4(1)(b) of the Climate Change Act 2008 (carbon targets and budgets);
the duty of the Secretary of State under section 1(1) of this Act (decarbonisation target range);
ensuring the security of supply to consumers of electricity;
the likely cost to consumers of electricity;
the target set out in Article 3(1) of, and Annex 1 to, the renewables directive (use of energy from renewable sources).
In subsection (2)(e) “the renewables directive” means Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources.
The Secretary of State must before 31st December in each year, beginning with 2014, prepare and lay before Parliament a report setting out how the Secretary of State has carried out during the year the functions under this Part of this Act.
The Secretary of State must publish the report and send a copy of it to the Department of Enterprise, Trade and Investment, the Scottish Ministers and the Welsh Ministers.
The Secretary of State may for the purpose of encouraging low carbon electricity generation make regulations about contracts for difference between a CFD counterparty and an eligible generator.
A contract for difference is a contract— and such a contract is referred to in this Chapter as a “CFD”.
certain payments under which are to be funded by electricity suppliers (see further section 9), and
which a CFD counterparty is required to enter into by virtue of section 10 or 14;
The reference in subsection (1) to encouraging low carbon electricity generation includes encouraging the continuation of, or an increase in, low carbon electricity generation by existing generating stations.
For the purposes of this Chapter—
Section 7
Section 44
Section 47
Section 57
Section 60
“primary legislation” means—
Provision that may be contained in enforcement regulations includes provision— Provision under sub-paragraph (1)(a) may in particular include provision— Provision under sub-paragraph (1)(g) may in particular include provision— Provision under sub-paragraph (1)(h) in relation to a scheme may—
Enforcement regulations may—
Nuclear regulations may, in particular, make provision of any of the kinds mentioned in Part 2 of this Schedule for any of the purposes mentioned in section 74(1).
Requiring research to be carried out in connection with any activity mentioned in paragraph 4.
Prohibiting any specified activity except— Providing for the grant, renewal, variation, transfer and revocation of licences (including the variation and revocation of conditions attached to licences).
Imposing requirements with respect to the instruction, training and supervision of persons at work.
In this paragraph “a notice” means an improvement notice or a prohibition notice. A notice may (but need not) include directions as to the measures to be taken to remedy any contravention or matter to which the notice relates. Any such directions— Sub-paragraph (5) applies where— For this purpose “applicable provision” has the same meaning as in paragraph 3. The notice must not direct any measures to be taken to remedy the contravention that are more onerous than any measures that would be necessary to secure conformity with— In sub-paragraph (5), “current new-build requirements”, in relation to a building, or matter connected with a building, means the requirements of any building regulations for the time being in force to which the building or matter would be required to conform if the relevant building were being newly erected. In sub-paragraph (6), “building regulations”, in relation to Scotland, has the meaning given by section 1 of the Building (Scotland) Act 2003 (asp 8). Where an improvement notice or a prohibition notice which is not to take immediate effect has been given—
Sub-paragraph (2) applies where an inspector finds any article or substance in relevant premises in circumstances in which the inspector has reasonable cause to believe it is a cause of imminent danger of serious personal injury. The inspector may, if authorised, do any of the following— Before any article that forms part of a batch of similar articles, or any substance, is dealt with under sub-paragraph (2)(b), the inspector must, if it is practicable,— As soon as practicable after seizing or dealing with any article or substance under sub-paragraph (2), the inspector must make and sign a written report setting out the circumstances in which the article or substance was seized or so dealt with. The inspector must give a signed copy of the report to a responsible person. If that person is not the owner of the article or substance, the inspector must also— For the purposes of this paragraph—
The Secretary of State may make one or more schemes transferring qualifying property, rights and liabilities of the HSE to the ONR. The Secretary of State may make one or more schemes transferring qualifying property, rights and liabilities of the Secretary of State to the ONR. A scheme under sub-paragraph (1) or (2) is referred to in this Schedule as a “property transfer scheme”.
A property transfer scheme may contain provision for the payment of compensation by the Secretary of State to any person whose interests are adversely affected by it.
Provision included in enforcement regulations by virtue of section 62(9)(a) may affect legislation. For this purpose, provision affects legislation if it amends, repeals or revokes any provision made by or under primary legislation. Enforcement regulations made by the Scottish Ministers, the Welsh Ministers or the Department of Environment may not include any provision affecting legislation unless it is within legislative competence. Enforcement regulations made by the Secretary of State— For this purpose, a provision of enforcement regulations is within legislative competence if— Provision included in enforcement regulations by virtue of section 62(9)(b) may include provision modifying provision made by virtue of paragraph 2(3)(c) in cases where there is no applicable emissions limit in respect of any year.
No provision in Part 2 of this Schedule is to be regarded as limiting the generality of—
section 74(1), or
any other provision in that Part of this Schedule.
The HSE may submit to the Secretary of State proposals about the exercise of the power to make property transfer schemes.
Section 74
Section 77
Section 83
Section 100
Section 106
Section 115
In this Schedule—
Before making a staff transfer scheme or a property transfer scheme, the Secretary of State must be satisfied that— have been consulted (whether by the Secretary of State or another person) and must have regard to the results of the consultation in determining whether to make the scheme. Sub-paragraph (3) applies where— Before making the modification, the Secretary of State must be satisfied that— have been consulted (whether by the Secretary of State or another person) and must have regard to the results of the consultation in determining whether to make the modification. For the purposes of this paragraph it does not matter whether consultation takes place before or after the passing of this Act.
Section 116
Section 129
On the transfer date, the designated property, rights and liabilities that are to be transferred from the Oil and Pipelines Agency (“the transferor”) to the Secretary of State (“the transferee”) are transferred and vest in accordance with the scheme. The rights and liabilities that may be transferred by a scheme include those arising under or in connection with a contract of employment. A certificate by the Secretary of State that anything specified in the certificate has vested in the Secretary of State by virtue of a scheme is conclusive evidence for all purposes of that fact. In this Schedule—
A scheme may make provision— Sub-paragraph (1)(b) does not apply to references in primary legislation or in subordinate legislation.
For the purposes of this Schedule—
an individual who holds employment in the civil service is to be treated as employed by virtue of a contract of employment, and
the terms of the individual’s employment in the civil service are to be regarded as constituting the terms of the contract of employment.
Section 144
The Gas Act 1986 is amended as set out in sub-paragraphs (2) to (7). After section 30F insert— In section 28 (orders for securing compliance), in subsection (8) for “30F” substitute “30O”. In section 30A (penalties), for subsections (8) and (9) substitute— In the title of section 30E, after “Appeals” insert “against penalties”. In section 38 (power to require information), in subsection (1) for “30F” substitute “30O”. In section 64 (provisions as to orders), in subsection (2) for “30A” substitute “30O”. An order under section 30A(8) of the Gas Act 1986 that is in force immediately before the coming into force of this paragraph—
EA 1989 is amended as set out in sub-paragraphs (2) to (6). After section 27F insert— In section 27A (penalties), for subsections (8) and (9) substitute— In the title of section 27E, after “Appeals” insert “against penalties”. In section 28 (power to require information), in subsection (1) for “27F” substitute “27O”. In section 106 (regulations and orders), in subsection (2)(b) for “27A” substitute “27O”. An order under section 27A(8) of EA 1989 that is in force immediately before the coming into force of this paragraph—
Northern Ireland legislation.
For the purposes of paragraphs 1 and 2, “confidential information” means specified information to which sub-paragraph (3) applies and in relation to which it is an initial term of the contract that it should not be disclosed. For the purposes of sub-paragraph (1)— This sub-paragraph applies to information if it is—
Regulations may make provision about the amounts which must be paid by the Secretary of State, an investment contract counterparty or a CFD counterparty to electricity suppliers. Provision made by virtue of this paragraph may—
Regulations may make provision conferring functions on the Authority for the purpose of offering advice to, or making determinations on behalf of, a party to an investment contract.
There may be paid out of money provided by Parliament expenditure incurred by the Secretary of State for the purpose of making payments in respect of the Secretary of State’s obligations under an investment contract, whether entered into before or after this Schedule comes into force. There may be paid out of money provided by Parliament expenditure incurred by the Secretary of State for the purpose of, or in connection with— Financial assistance or payments includes financial assistance or payments given subject to such conditions as may be determined by, or in accordance with arrangements made by, the Secretary of State; and such conditions may in particular in the case of a grant include conditions for repayment in specified circumstances. In this paragraph, “financial assistance” means grants, loans, guarantees or indemnities, or any other kind of financial assistance.
Enforcement regulations may authorise an enforcing authority to serve a notice on an operator who has breached the emissions limit duty requiring the operator to pay such a financial penalty in respect of the breach as is specified in, or calculated in accordance with, the notice or the regulations. Enforcement regulations which provide for the imposition of financial penalties—
The ONR may appoint persons (referred to in this Part of this Act as “inspectors”) to carry into effect the relevant statutory provisions. A person appointed as an inspector must be someone who appears to the ONR to be suitably qualified to carry out the functions that the ONR authorises the person to carry out. The appointment of an inspector under this paragraph is to be on such terms as the ONR may determine and may be ended by the ONR at any time. Any appointment of an inspector under this paragraph must be made by a written instrument. References in this Schedule to carrying into effect the relevant statutory provisions include in particular assisting the ONR to fulfil its functions under the relevant statutory provisions.
This paragraph applies where an inspector is of the opinion that— The inspector may, if authorised, give the person a notice (“a prohibition notice”) directing that the activities to which the notice relates must not be carried on by or under the control of the person unless the following have been remedied— A prohibition notice must— A prohibition notice takes effect— In this paragraph—
It is an offence to contravene any requirement or prohibition imposed by an improvement notice or a prohibition notice. A person who commits an offence under this paragraph is liable— In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (general limit on magistrates’ court’s powers to imprison), the reference in sub-paragraph (2)(a)(i), as it has effect in England and Wales, to 12 months is to be read as a reference to 6 months.
The Explosives Act 1875 is amended as follows.
Schedule 1 to the House of Commons Disqualification Act 1975 is amended as follows. The Office for Nuclear Regulation. Member of staff of the Office for Nuclear Regulation (within the meaning of Part 3 of the Energy Act 2013).
In section 23 of the Civil Aviation Act 1982 (disclosure of information), in subsection (4), after paragraph (b) insert—.
The reference to an inspector appointed by the Health and Safety Executive under section 19 of the Health and Safety at Work etc. Act 1974 (“the 1974 Act”) is to be read, in relation to a relevant nuclear site, as a reference to an inspector appointed by the Office for Nuclear Regulation under that section. For this purpose a relevant nuclear site is one in relation to which the Office for Nuclear Regulation has responsibility for the enforcement of any of the relevant statutory provisions (within the meaning of Part 1 of the 1974 Act) by virtue of section 18(1A) or (2) of the 1974 Act.
In this section, any reference to an inspector appointed by the Health and Safety Executive under section 19 of the Health and Safety at Work etc. Act 1974 (“the 1974 Act”) is to be read, in relation to anything found on a relevant nuclear site, as a reference to an inspector appointed by the Office for Nuclear Regulation under that section. For this purpose a relevant nuclear site is one in relation to which the Office for Nuclear Regulation has responsibility for the enforcement of any of the relevant statutory provisions (within the meaning of Part 1 of the 1974 Act) by virtue of section 18(1A) or (2) of the 1974 Act.
“EA 1989” means the Electricity Act 1989;
“alternative delivery body” and “EMR functions” have the same meaning as in section 46;
An investment contract counterparty and a CFD counterparty must act in accordance with— An investment contract counterparty and a CFD counterparty must exercise the functions conferred by or by virtue of this Schedule to ensure that it can meet its liabilities under any investment contract to which it is a party. Regulations may make provision— Provision made by virtue of sub-paragraph (3)(b) or (c) includes provision requiring consultation with, or the consent of, the Secretary of State in relation to— Regulations must include such provision as the Secretary of State considers necessary to ensure that an investment contract counterparty or a CFD counterparty can meet its liabilities under any investment contract to which it is a party.
Imposing requirements with respect to the following, in relation to any nuclear installation or its site—
design and construction;
siting, installation and commissioning;
operation;
testing, maintenance and repair;
inspection;
alteration or adjustment;
dismantling and decommissioning.
Imposing requirements about how any radioactive material may be transported, including requirements about construction, testing and marking of packages or containers.
Regulating or prohibiting the employment in specified circumstances of—
all persons, or
persons of a specified description.
Part 1 of the Borders, Citizenship and Immigration Act 2009 (which provides for certain functions of the Commissioners for Her Majesty’s Revenue and Customs to be exercisable concurrently by the Secretary of State or the Director of Border Revenue) is amended as follows. In section 1 (general customs functions of the Secretary of State), in subsection (6), after paragraph (a) (but before the “and” immediately following it) insert—. In section 7 (customs revenue functions of the Director of Border Revenue) in subsection (7), after paragraph (a) (but before the “and” immediately following it) insert—.
“prohibition notice” has the meaning given by paragraph 4(2) of Schedule 8;
an Act of Parliament,
an Act of the Scottish Parliament,
Securing that persons in premises of any specified description where persons work leave the premises in specified circumstances.
The ONR may establish committees, and any committee may establish sub-committees. The members of a committee may include persons who are not members of the ONR or the ONR’s staff (and the members of a sub-committee of a committee may include persons who are not members of the committee or members of the ONR or the ONR’s staff). The ONR may make arrangements for the payment of such remuneration, allowances and expenses as it considers appropriate to any person who— Payments made by the ONR under sub-paragraph (3) are to be of such amounts as may be determined by the Secretary of State.
The ONR may pay allowances or expenses to any person in connection with the performance of any of its functions.
The ONR must prepare a strategy for carrying out its functions, including any general priorities it will apply, or principal objectives to which it will have regard, in carrying out its functions. The ONR must act in accordance with its strategy, or any revision of it, approved under sub-paragraph (7). Before preparing or revising its strategy the ONR must consult such persons as it considers it appropriate to consult. The first proposal for the ONR’s strategy must be submitted to the Secretary of State within 8 months beginning with the day on which this paragraph comes into force. The ONR— The ONR— The Secretary of State may approve the ONR’s strategy, or any revision of it, with or without modifications. The Secretary of State must consult the ONR before approving with modifications the ONR’s strategy or any revision of it.
This paragraph applies to— The documents mentioned in sub-paragraph (1) are referred to in this paragraph as “relevant documents”. The Secretary of State must lay a copy of each relevant document before Parliament, together with a statement as to whether any matter has been excluded from that copy in accordance with sub-paragraph (4). If it appears to the Secretary of State, after consultation with the ONR, that the publication of any matter in a relevant document would be contrary to the interests of national security, the Secretary of State may exclude that matter from the copy of it as laid before Parliament. The ONR must arrange for a relevant document to be published in the form in which it was laid before Parliament under sub-paragraph (3).
In this Part of this Act “financial year” means a period of 12 months ending with 31st March. But the first financial year of the ONR is—
The Atomic Energy Act 1946 is amended as follows.
Restricting, prohibiting or requiring any specified activity where any accident or other occurrence of a specified kind has occurred.
Section 4 (power to obtain information of materials, plants and processes) is amended as follows. In subsection (1), at the beginning insert “Subject to subsection (1A)”. After subsection (1) insert—.
Section 5 (power of entry and inspection) is amended as follows. In subsection (1), at the beginning insert “Subject to subsection (1A)”. After subsection (1) insert—.
In section 11 (restriction on disclosure of information relating to plant), after subsection (2) insert—.
In section 18 (definitions), in subsection (1), after the definition of “atomic energy” insert—.
Nothing in this Part of this Schedule is to be taken to confer power to compel the production by any person of a document or information in respect of which— could be maintained in legal proceedings.
in England and Wales or Northern Ireland, a claim to legal professional privilege, or
in Scotland, a claim to confidentiality of communications,
This paragraph applies where— A “relevant death” is the death of any person which may have been caused— Sub-paragraph (4) applies if it appears from— that a relevant provision was contravened at a time which is material in relation to the subject-matter of the report, inquest or inquiry. Summary proceedings against any person liable to be proceeded against in respect of the contravention may be commenced at any time within 3 months of—
Where an offence committed by a body corporate is proved— that officer (as well as the body corporate) is guilty of the offence and is liable to be proceeded against and dealt with accordingly. In sub-paragraph (1) “officer”, in relation to a body corporate, means— In sub-paragraph (2) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
An inspector may prosecute proceedings for an offence before a magistrates’ court in England and Wales if authorised to do so by the inspector’s instrument of appointment (see paragraph 2 of Schedule 8).
This paragraph applies where— The court may (in addition to, or instead of, imposing any punishment) order P to take such steps as the order may specify for the purpose of remedying those matters. The steps are to be taken within such time as may be fixed by the order (“the remedial period”). The court may extend or further extend the remedial period on an application. An application under sub-paragraph (4) must be made— Where P is ordered to remedy any matters by an order under this paragraph— A person who commits an offence under this paragraph is liable— In the application of sub-paragraph (7) to England and Wales in relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (general limit on magistrates’ court’s powers to imprison), the reference in sub-paragraph (7)(a)(i) to 12 months is to be read as a reference to 6 months.
This paragraph applies to any offence that a person commits as a result of a provision or requirement that the person is subject to as the designer, manufacturer, importer or supplier of any thing. Summary proceedings for the offence may be commenced at any time within 6 months from the date on which there comes to the knowledge of the ONR evidence that appears sufficient to the ONR— For this purpose—
“the Authority” means the Gas and Electricity Markets Authority;
References in this Part to “qualifying property, rights and liabilities” are to property held, and rights and liabilities arising, in connection with— Rights and liabilities arising under or in connection with a contract of employment in effect when the scheme comes into force are excluded from the rights and liabilities which may be transferred under a property transfer scheme.
The Anti-terrorism, Crime and Security Act 2001 is amended as follows.
Section 77 (regulation of security of civil nuclear industry) is amended as follows. In subsection (3)(a)(ii), for the words following “term” substitute “not exceeding 12 months (in England and Wales or Scotland) or 6 months (in Northern Ireland), or a fine (in England and Wales) or a fine not exceeding £20,000 (in Scotland and Northern Ireland), or both”. After that subsection insert— In subsection (5)(a), for “the Health and Safety Executive” substitute “the Office for Nuclear Regulation”.
Section 80 (prohibition of disclosures of uranium enrichment technology), is amended as follows. In subsection (4)(b), after “the Secretary of State” insert “or the Office for Nuclear Regulation”. After subsection (7) insert—
“year”, except in section 58, means any calendar year for which the emissions limit is defined by section 57.
In subsection (3) “greenhouse gas” has the meaning given by section 92(1) of the Climate Change Act 2008.
The provision which may be made by regulations includes, but is not limited to, the provision described in this Chapter.
Regulations may—
include incidental, supplementary and consequential provision;
make transitory or transitional provision or savings;
make different provision for different cases or circumstances or for different purposes;
make provision subject to exceptions.
Regulations are to be made by statutory instrument.
An instrument containing regulations of any of the following kinds may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament (in each case, whether or not the regulations also make other provision)—
the first regulations which make provision falling within each of the following—
section 14;
section 15;
section 19;
section 20;
regulations which make provision falling within—
section 9;
section 10;
section 12;
section 13;
section 17;
section 18;
section 21;
section 22;
section 23.
the first regulations made after the passing of the Energy Prices Act 2022 which make provision falling within each of the sections mentioned in paragraph (a);
Any other instrument containing regulations is subject to annulment in pursuance of a resolution of either House of Parliament.
If, but for this subsection, an instrument containing regulations would be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.
The Secretary of State may by order made by statutory instrument designate an eligible person to be a counterparty for contracts for difference.
A person designated under this section is referred to in this Chapter as a “CFD counterparty”.
A person is eligible if the person is—
a company formed and registered under the Companies Act 2006, or
a public authority, including any person any of whose functions are of a public nature.
A designation may be made only with the consent of the person designated.
The Secretary of State may exercise the power to designate so that more than one designation has effect under this section ...
liabilities under a CFD are met,
arrangements entered into for purposes connected to a CFD continue to operate, or
directions given to a CFD counterparty continue to have effect.
A designation ceases to have effect if—
the Secretary of State by order made by statutory instrument revokes the designation, or
the person withdraws consent to the designation by giving not less than 3 months' notice in writing to the Secretary of State.
At any time after the first designation has effect, the Secretary of State must, so far as reasonably practicable, exercise the power to designate so as to ensure that at least one designation has effect under this section.
Schedule 1 (which makes provision about schemes to transfer property, rights and liabilities from a person who has ceased to be a CFD counterparty to a person who is a CFD counterparty) has effect.
As soon as reasonably practicable after a designation ceases to have effect the Secretary of State must make a transfer scheme under Schedule 1 to ensure the transfer of all rights and liabilities under any CFD to which the person who has ceased to be a CFD counterparty was a party.
Regulations may include provision about the period of time for which, and the circumstances in which, a person who has ceased to be a CFD counterparty is to continue to be treated as a CFD counterparty for the purposes of the regulations.
A CFD counterparty must act in accordance with—
any direction given by the Secretary of State by virtue of this Chapter;
any provision included in regulations.
A CFD counterparty must exercise the functions conferred by or by virtue of this Chapter to ensure that it can meet its liabilities under any CFD to which it is a party.
In this Chapter “national system operator” means the person designated as the Independent System Operator and Planner under section 162 of the Energy Act 2023.
Regulations must make provision for electricity suppliers to pay a CFD counterparty for the purpose of enabling the counterparty to make payments under CFDs.
Regulations may make provision for electricity suppliers to pay a CFD counterparty for the purpose of enabling the counterparty—
to meet such other descriptions of its costs as the Secretary of State considers appropriate;
to hold sums in reserve;
to cover losses in the case of insolvency or default of an electricity supplier.
In subsection (2)(a) “costs” means costs in connection with the performance of any function conferred by or by virtue of this Chapter.
Regulations may make provision to require electricity suppliers to provide financial collateral to a CFD counterparty (whether in cash, securities or any other form).
Regulations which make provision by virtue of subsection (1) for the payment of sums by electricity suppliers must impose on the CFD counterparty a duty in relation to the collection of such sums.
Provision made by virtue of this section may include provision for—
a CFD counterparty to determine the form and terms of any financial collateral;
a CFD counterparty to calculate or determine, in accordance with such criteria as may be provided for by or under the regulations, amounts which are owed by an electricity supplier or are to be provided as financial collateral by an electricity supplier;
the issuing of notices by a CFD counterparty to require the payment or provision of such amounts;
the enforcement of obligations arising under such notices.
Provision made by virtue of subsection (6)(b) may provide for anything which is to be calculated or determined under the regulations to be calculated or determined by such persons, in accordance with such procedure and by reference to such matters and to the opinion of such persons, as may be specified in the regulations.
Provision made by virtue of subsection (6)(d) may include provision—
about costs;
about interest on late payments under notices;
about references to arbitration;
about appeals.
Any sum which— may be recovered from the electricity supplier by the CFD counterparty as a civil debt due to it.
an electricity supplier is required by virtue of regulations to pay to a CFD counterparty, and
has not been paid by the date on which it is required by virtue of regulations to be paid,
In this section “electricity supplier”, subject to any provision made by regulations, means a person who is a holder of a licence to supply electricity under—
section 6(1)(d) of EA 1989, or
Article 10(1)(c) of the Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1)).
The Secretary of State may, in accordance with provision made by regulations, direct a CFD counterparty to offer to contract with a person specified in the direction, on terms specified in the direction.
A person may be specified in a direction under subsection (1) only if that person is an eligible generator.
Regulations must make provision defining who is an “eligible generator” for the purposes of this Chapter.
Regulations may make further provision about a direction under this section and in particular about—
the circumstances in which a direction may or must be given;
the terms which may or must be specified in a direction.
Provision falling within subsection (4) may include provision for—
the determination of a matter on a competitive basis,
calculations or determinations to be made under the regulations, including by such persons, in accordance with such procedure and by reference to such matters and to the opinion of such persons, as may be specified in the regulations.
A direction may not be given under this section in relation to an electricity generating station in Northern Ireland unless the Department of Enterprise, Trade and Investment consent to the direction.
But regulations may, with the consent of that Department, include provision for circumstances in which consent under subsection (6) is not required.
In subsection (6) “Northern Ireland” includes so much of the internal waters and territorial sea of the United Kingdom as are adjacent to Northern Ireland.
The Secretary of State may issue standard terms and conditions of CFDs (“standard terms”).
The Secretary of State may from time to time revise standard terms.
Standard terms issued or revised under this section must be in accordance with provision made in regulations.
In issuing or revising standard terms the Secretary of State must have regard to the matters mentioned in section 5(2).
The Secretary of State must publish standard terms as issued or revised under this section.
In publishing standard terms the Secretary of State may designate particular standard terms as terms that may not be modified under section 15.
Different standard terms may be issued for different categories of CFD.
The national system operator may, in accordance with provision made by regulations, give a notification to a CFD counterparty (a “CFD notification”) specifying—
an eligible generator, and
such other information as may be required for the purpose of making an offer under section 14 to contract with that generator.
A CFD notification must not be given if regulations made by virtue of section 23 prevent the giving of the notification.
Regulations may make further provision about CFD notifications and in particular provision about—
the circumstances in which a CFD notification may or must be given;
the kinds of information mentioned in subsection (1)(b) that must be specified in a CFD notification;
appeals against decisions not to give CFD notifications.
A CFD notification may not be given by virtue of regulations under this section in relation to an electricity generating station in Northern Ireland unless the Department of Enterprise, Trade and Investment consent to the CFD notification.
But regulations may, with the consent of that Department, include provision for circumstances in which consent under subsection (4) is not required.
In subsection (4) “Northern Ireland” includes so much of the internal waters and territorial sea of the United Kingdom as are adjacent to Northern Ireland.
Provision that may be included in regulations by virtue of section 12 includes in particular provision about how CFDs are to be allocated to eligible generators (and for this purpose a CFD is “allocated” to a generator if the generator is specified in a CFD notification).
Provision made by virtue of subsection (1) may include provision—
conferring power on the Secretary of State to make rules (an “allocation framework”) about how CFDs are to be allocated;
for different periods within which CFDs are to be allocated (“allocation rounds”);
for different allocation frameworks to apply in respect of different allocation rounds;
for the publication of allocation frameworks;
about matters in relation to which provision may or must be made in an allocation framework.
Provision made by regulations by virtue of subsection (2) may impose requirements on the Secretary of State, including in particular—
requirements as to the giving of notice before an allocation round is commenced;
restrictions on the circumstances in which amendments may be made during an allocation round to an allocation framework or to any other matter relevant to an allocation round (including any amount by reference to which a limit on the CFDs allocated during the round is to be determined).
An allocation framework may—
confer functions on the national system operator with respect to the allocation of CFDs;
specify targets to be met or taken into account by the national system operator in giving CFD notifications by virtue of section 12, including targets relating to—
the means by which electricity is generated;
the generating capacity of electricity generating stations;
the geographical location of electricity generating stations;
make any provision that may be made by regulations by virtue of subsection (3).
An allocation framework may include provision for—
the determination of a matter on a competitive basis;
calculations or determinations to be made under the framework, including by such persons, in accordance with such procedure and by reference to such matters and to the opinion of such persons, as may be specified in the framework.
An allocation framework may—
include incidental, supplementary and consequential provision;
make transitory or transitional provision and savings;
make different provision for different cases or circumstances or for different purposes;
make provision subject to exceptions.
Any power conferred by virtue of subsection (2) to make an allocation framework includes a power to amend, add to or remove an allocation framework.
Subsections (4) to (7) are subject to any provision contained in regulations.
Where a CFD notification is given to a CFD counterparty under section 12, the CFD counterparty must, in accordance with provision made by regulations, offer to contract with the eligible generator specified in the notification on—
standard terms, or
standard terms as modified in accordance with any modification agreement entered into between the CFD counterparty and the eligible generator for the purposes of the CFD notification (see section 15).
Regulations may make further provision about an offer to contract made under this section, including provision about—
how a CFD counterparty is to apply or complete standard terms in relation to the offer in accordance with information specified in a CFD notification;
the time within which the offer must be made;
how the eligible generator to whom it is made may enter into a CFD as a result of the offer;
what is to happen if the eligible generator does not enter into a CFD as a result of it.
In this section, “standard terms”, in relation to a CFD notification, means standard terms published under section 11, determined in accordance with regulations as the standard terms that are to apply in relation to the CFD notification.
This section applies where a person wishes to be specified as an eligible generator in a CFD notification (“the potential CFD notification”).
A CFD counterparty and the person may, in accordance with provision made by regulations, agree to modify standard terms for the purposes of any offer that would be required under section 14 if the potential CFD notification is given (a “modification agreement”).
A CFD counterparty may enter into a modification agreement providing for the modification of any particular standard term only if—
the CFD counterparty is satisfied that—
the effect of the modification is minor, and
the modification is necessary; and
the standard term has not been designated under section 11 as a term that may not be modified under this section.
Regulations may make further provision about modification agreements, including—
the circumstances in which a person may make an application for a modification agreement;
the time by which an application must be made;
the procedure to be followed, and the information to be given, by the person in making an application;
how a CFD counterparty is to determine an application (including how it is to determine whether the effect of a modification is minor and whether it is necessary);
the time by which determinations must be made;
the form of modification agreements.
Provision made by virtue of subsection (4)(d) may include provision under which the CFD counterparty may make alternative proposals for modifications in response to an application.
In this section “modify” includes add to, alter or omit, and “ modification ” is to be read accordingly.
Provision made by regulations by virtue of any of sections 12 to 15 may include provision for—
the determination of a matter on a competitive basis;
calculations or determinations to be made under the regulations, including by such persons, in accordance with such procedure and by reference to such matters and to the opinion of such persons, as may be specified in the regulations.
Regulations may make provision about the amounts which must be paid by a CFD counterparty to electricity suppliers.
Provision made by virtue of this section may—
include provision for a CFD counterparty to calculate or determine, in accordance with such criteria as may be provided for by or under the regulations, amounts which are owed by the CFD counterparty;
provide for anything which is to be calculated or determined under the regulations to be calculated or determined by such persons, in accordance with such procedure and by reference to such matters and to the opinion of such persons, as may be specified in the regulations.
In this section “electricity supplier”, subject to any provision made by regulations, means a person who is a holder of a licence to supply electricity under—
section 6(1)(d) of EA 1989; or
Article 10(1)(c) of the Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1)).
Regulations may make provision imposing on an electricity supplier who receives a payment from a CFD counterparty a requirement to secure that customers of the electricity supplier receive, by a time specified in the regulations, such benefit from the payment as may be specified in or determined in accordance with the regulations.
Regulations may make provision for apportioning sums— in circumstances where the CFD counterparty is unable fully to meet its liabilities under a CFD.
received by a CFD counterparty from electricity suppliers under provision made by virtue of section 9;
received by a CFD counterparty under a CFD,
Provision made by virtue of subsection (1) may include provision about the meaning of “unable fully to meet its liabilities under a CFD”.
In making provision by virtue of subsection (1) the Secretary of State must have regard to the principle that sums should be apportioned in proportion to the amounts which are owed.
Regulations may make provision about the application of sums held by a CFD counterparty.
Provision made by virtue of subsection (4) may include provision that sums are to be paid, or not to be paid, into the Consolidated Fund.
Regulations may make provision about the provision and publication of information.
Provision made by virtue of subsection (1) may include provision—
for the Secretary of State to require the national system operator to provide advice to the Secretary of State;
for the Secretary of State to require a CFD counterparty, the Authority, the Northern Ireland Authority for Utility Regulation or the Northern Ireland system operator to provide advice to the Secretary of State or any other person specified in the regulations;
for the Secretary of State to require a CFD counterparty, the national system operator, the Authority, the Northern Ireland Authority for Utility Regulation, the Northern Ireland system operator , an electricity supplier or a generator who is party to a CFD to provide information to the Secretary of State or any other person specified in the regulations;
for the national system operator to require information to be provided to it by a CFD counterparty, a generator who is party to a CFD or the Northern Ireland system operator;
for the Authority to require information to be provided to it by a CFD counterparty or electricity suppliers;
for a CFD counterparty to require information to be provided to it by the Authority, the Northern Ireland Authority for Utility Regulation, electricity suppliers or the Northern Ireland system operator;
for the Northern Ireland Authority for Utility Regulation to require information to be provided to it by a CFD counterparty or electricity suppliers;
for the classification and protection of confidential or sensitive information;
for the enforcement of any requirement imposed by virtue of paragraphs (a) to (f).
In subsection (2)—
“Northern Ireland system operator” means the holder of a licence under Article 10(1)(b) of the Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1));
“electricity supplier”, subject to any provision made by regulations, means a person who is a holder of a licence to supply electricity under—
section 6(1)(d) of EA 1989; or
Article 10(1)(c) of the Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1)).
Except as provided by regulations, the prohibition on disclosure of information by— does not apply to a disclosure required by virtue of this section.
section 105(1) of the Utilities Act 2000;
Article 63(1) of the Energy (Northern Ireland) Order 2003 (S.I. 2003/419 (N.I. 6));
Regulations may make provision conferring functions on the Authority for the purpose of offering advice to, or making determinations on behalf of, a party to a CFD.
Regulations may make provision—
to require a CFD counterparty to enter into arrangements or to offer to contract for purposes connected to a CFD;
specifying things that a CFD counterparty may or must do, or things that a CFD counterparty may not do;
conferring on the Secretary of State further powers to direct a CFD counterparty to do, or not to do, things specified in the regulations or the direction.
Provision made by virtue of subsection (1)(b) or (c) includes provision requiring consultation with, or the consent of, the Secretary of State in relation to—
the determination of an application for a modification agreement under section 15;
the enforcement of obligations under a CFD;
a variation or termination of a CFD;
the settlement or compromise of a claim under a CFD;
the conduct of legal proceedings relating to a CFD;
the exercise of rights under a CFD.
Regulations must include such provision as the Secretary of State considers necessary to ensure that a CFD counterparty can meet its liabilities under any CFD to which it is a party.
Regulations may make provision for requirements under the regulations to be enforceable—
by the Authority as if they were relevant requirements on a regulated person for the purposes of section 25 of EA 1989;
by the Northern Ireland Authority for Utility Regulations as if they were relevant requirements on a regulated person for the purposes of Article 41A of the Energy (Northern Ireland) Order 2003 (S.I 2003/419 (N.I. 6)).
Provision made by virtue of subsection (1)(a) may include provision about the enforcement of requirements imposed on the national system operator.
Provision made by virtue of subsection (1)(b) may be made in relation only to the enforcement of requirements imposed on the holder of a licence under Article 10(1)(c) of the Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1)).
Regulations may make provision for—
the power to give a notification under section 12 not to be exercisable if a maximum cost incurred or to be incurred by a CFD counterparty has been reached (such cost to be calculated in accordance with provision made by or under the regulations);
a power for the Secretary of State to direct the national system operator not to give a notification under that section if the Secretary of State believes that by virtue of the notification being given a cost greater than the maximum cost provided for by the regulations would be incurred.
If more than one designation has effect under section 7, the reference in subsection (1)(a) is a reference to all CFD counterparties.
Provision made by virtue of subsection (1)(a) may provide for anything which is to be calculated under the regulations to be calculated by such persons, in accordance with such procedure and by reference to such matters and to the opinion of such persons, as may be specified in the regulations.
Before making regulations under this Chapter the Secretary of State must consult—
the Scottish Ministers,
the Welsh Ministers,
the Department of Enterprise, Trade and Investment,
any person who is a holder of a licence to supply electricity under section 6(1)(d) of EA 1989,
any person who is a holder of a licence under Article 10(1)(b) or (c) of the Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1)) (transmission or supply licence),
the Authority,
the national system operator, and
such other persons as the Secretary of State considers it appropriate to consult.
Before publishing standard terms under section 11 the Secretary of State must consult such persons as the Secretary of State considers it appropriate to consult.
A requirement under this section to consult may be satisfied by consultation before, as well as consultation after, the passing of this Act.
Neither the Secretary of State nor the national system operator is, by virtue of the exercise of a power conferred by or by virtue of this Chapter, to be regarded as—
a person occupying in relation to a CFD counterparty the position of director;
being a person in accordance with whose directions or instructions the directors of a CFD counterparty are accustomed to act;
exercising any function of management in a CFD counterparty;
a principal of a CFD counterparty.
The Secretary of State may modify—
a condition of a particular licence under section 6(1)(a), (c) or (da) of EA 1989 (generation, distribution and electricity system operator licences);
the standard conditions incorporated in licences under that provision by virtue of section 8A(1A) of that Act;
a document maintained in accordance with the conditions of licences under that provision, or an agreement that gives effect to a document so maintained.
The Secretary of State may make a modification under subsection (1) only for the purpose of—
conferring functions on the national system operator in connection with its functions by or by virtue of this Chapter;
allowing or requiring services to be provided to a CFD counterparty;
enforcing obligations under a CFD.
Provision included in a licence, or in a document or agreement relating to licences, by virtue of the power under subsection (1) may in particular include provision of a kind that may be included in regulations.
Before making a modification under this section, the Secretary of State must consult—
the Scottish Ministers,
the Welsh Ministers,
the holder of any licence being modified,
any person who is a holder of a licence to supply electricity under section 6(1)(d) of EA 1989,
any person who is a holder of a licence to supply electricity under Article 10(1)(c) of the Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1)),
the Department of Enterprise, Trade and Investment,
the Authority, and
such other persons as the Secretary of State considers it appropriate to consult.
Subsection (4) may be satisfied by consultation before, as well as by consultation after, the passing of this Act.
The Secretary of State may by regulations make provision for the purpose of providing capacity to meet the demands of consumers for the supply of electricity in Great Britain.
Regulations under this section are referred to in this Chapter as “electricity capacity regulations”.
In subsection (1) “providing capacity” means providing electricity or reducing demand for electricity; and electricity capacity regulations may make further provision about the meaning of “providing electricity” or “reducing demand for electricity”.
The provision which may be made about the meaning of “reducing demand for electricity” includes provision that reducing the consumption of electricity reduces demand for electricity.
The provision that may be made in electricity capacity regulations includes, but is not limited to, the provision described in this Chapter.
In this Chapter “national system operator” means the person designated as the Independent System Operator and Planner under section 162 of the Energy Act 2023.
Electricity capacity regulations may make provision about capacity agreements.
Subject to any further provision made under this Chapter, a capacity agreement is an instrument by virtue of which—
the holder of the capacity agreement (“the capacity provider”) may be required to provide capacity;
all electricity suppliers may be required to make payments (“capacity payments”) for the benefit of capacity providers;
capacity providers may be required to make payments (“capacity incentives”) for the benefit of all electricity suppliers.
Provision included in electricity capacity regulations for the purposes of subsection (2) may make provision about the meaning of “electricity supplier”.
Provision included in electricity capacity regulations by virtue of subsection (1) may include provision about—
the terms of a capacity agreement;
the circumstances in which, and the process by which, a capacity agreement may or must be issued;
the persons who may be capacity providers;
the circumstances in which capacity must be available;
the duration of a capacity agreement;
the means by which capacity payments or capacity incentives are to be calculated;
a person or body who is to administer the settlement of capacity payments or capacity incentives (“a settlement body”);
the enforcement of the terms of a capacity agreement;
the resolution of disputes relating to a capacity agreement;
the circumstances in which a capacity agreement may be terminated or varied;
the circumstances in which a capacity agreement may be assigned or traded.
Provision falling within subsection (4) includes provision—
conferring on the national system operator the function of issuing capacity agreements;
relating to the outcome of a capacity auction (see section 29);
about any conditions that must be satisfied by or in relation to a person before that person may enter a capacity auction or become a capacity provider;
about any matters in relation to which a person must satisfy the national system operator before the person may enter a capacity auction or become a capacity provider.
Provision made by virtue of subsection (4)(f) and (g) may—
include provision for a settlement body to calculate or determine, in accordance with such criteria as may be provided for by or under the regulations, amounts which are owed as capacity payments or capacity incentives;
provide for anything which is to be calculated or determined under the regulations to be calculated or determined by such persons, in accordance with such procedure and by reference to such matters and to the opinion of such persons, as may be specified in the regulations.
Provision made by virtue of this section may include provision requiring a person to consent to the inspection of plant or premises, either before or after that person becomes a capacity provider.
Electricity capacity regulations may make provision for the determination on a competitive basis of who may be a capacity provider (referred to in this Chapter as a “capacity auction”).
Provision included in electricity capacity regulations by virtue of subsection (1) may include provision—
for the national system operator to run a capacity auction;
about the circumstances in which a capacity auction may or must be held;
about the amount of capacity in relation to which a determination may be made;
about the intervals at which a capacity auction may or must be held;
about the process by which a capacity auction may or must be run;
about the manner in which the Secretary of State may decide whether and how to exercise any function in relation to capacity auctions;
about appeals relating to eligibility for, or the outcome of, capacity auctions.
Provision falling within subsection (2)(a) may include provision—
requiring the national system operator to prepare and publish rules or guidance about capacity auctions;
about any process to be followed in preparing and publishing any such rules or guidance.
Provision falling within subsection (2)(c) may confer on the Secretary of State or the Authority (but not on any other person) the function of deciding the amount of capacity in relation to which a determination may be made.
Provision falling within subsection (2)(f) may include provision about—
the frequency with which a decision will be made and reviewed;
the persons who will be consulted before a decision is made;
the matters to be taken into account in reaching a decision.
Electricity capacity regulations may make provision for payments to be made by electricity suppliers or capacity providers to a settlement body (see section 28(4)(g)) for the purpose of enabling the body—
to meet such descriptions of its costs as the Secretary of State considers appropriate;
to hold sums in reserve;
to cover losses in the case of insolvency or default of an electricity supplier or capacity provider.
In subsection (1)(a) “costs” means costs in connection with the performance of any function conferred by or by virtue of this Chapter.
Electricity capacity regulations may make provision to require electricity suppliers or capacity providers to provide financial collateral to a settlement body (whether in cash, securities or any other form).
Provision made by virtue of this section may include provision for—
a settlement body to determine the form and terms of any financial collateral;
a settlement body to calculate or determine, in accordance with such criteria as may be provided for by or under the regulations, amounts which are owed by an electricity supplier or capacity provider or are to be provided as financial collateral by an electricity supplier or capacity provider;
the issuing of notices by a settlement body to require the payment or provision of such amounts.
Provision made by virtue of subsection (4)(b) may provide for anything which is to be calculated or determined under the regulations to be calculated or determined by such persons, in accordance with such procedure and by reference to such matters and to the opinion of such persons, as may be specified in the regulations.
Electricity capacity regulations may make provision to confer functions on the Authority or the national system operator.
Electricity capacity regulations may impose requirements otherwise than under a capacity agreement.
The persons on whom requirements may be imposed by virtue of subsection (1) include—
any person who is a holder of a licence under section 6(1) of EA 1989;
any other person carrying out functions in relation to capacity agreements;
any other person who is, or has ceased to be, a capacity provider.
Requirements which may be imposed by virtue of subsection (1) include requirements—
relating to the manner in which functions are to be exercised;
relating to restrictions on the use of generating plant;
relating to participation in a capacity auction;
relating to the inspection of plant or property.
Electricity capacity regulations may make provision about the provision and publication of information.
Provision included in electricity capacity regulations by virtue of subsection (1) may include provision—
for the Secretary of State to require the Authority, the national system operator or any other person specified in the regulations to provide information or advice to the Secretary of State or any other person so specified;
for the Authority or the national system operator to require information to be provided to it by any person specified in the regulations for any purpose so specified;
for the Secretary of State to require capacity providers and electricity suppliers to share information about the operation of capacity agreements with each other or with any other person so specified;
for the publication by any person so specified of any information or advice so specified;
for the classification and protection of confidential or sensitive information.
The prohibition on disclosure of information by section 105(1) of the Utilities Act 2000 does not apply to a disclosure required by virtue of this section.
The Secretary of State may make capacity market rules which, subject to subsection (2), may contain any provision that may be made by electricity capacity regulations.
Capacity market rules may not make—
provision falling within—
section 27(3);
section 28(3);
paragraphs (f) or (g) of section 28(4);
section 28(5)(a);
paragraphs (b), (c), (d) or (f) of section 29(2);
section 30;
section 35;
provision for the Secretary of State to require a person to provide information or advice to the Secretary of State.
Electricity capacity regulations may make provision to confer on the Authority, to such extent and subject to such conditions as may be specified in the regulations, the power to make capacity market rules.
The conditions may in particular include conditions about consultation; and provision made by virtue of subsection (3) must provide that, before any exercise of the power to make capacity market rules, the Authority must consult—
any person who is a holder of a licence to supply electricity under section 6(1)(d) of EA 1989;
any person who is a capacity provider.
Provision made by virtue of subsection (3) must secure that capacity market rules made by the Authority may not confer functions on the Authority except with the consent of the Secretary of State.
Provision made by virtue of subsection (3) may include provision—
for the reference to the Secretary of State in section 33(2)(c) to have effect, for the purposes of capacity market rules and to such extent as may be specified in the regulations, as a reference to the Authority;
for section 33(3) to apply in relation to a disclosure required by virtue of the capacity market rules.
This section applies where provision made by electricity capacity regulations relates to the provision of capacity by reducing demand for electricity.
Where this section applies, the Secretary of State may, instead of conferring functions on the national system operator, confer functions on such other person or body as the Secretary of State considers appropriate.
For the purposes of provision made by virtue of subsection (2), the references to the national system operator in— are to be read as if they included a reference to a person or body on whom a function is conferred by virtue of this section.
section 28(5)(a) and (d);
section 29(2)(a) and (3)(a);
section 31;
section 33(2)(a) and (b);
section 37,
Electricity capacity regulations may make provision about the enforcement of any obligation or requirement imposed by the regulations or by capacity market rules.
Capacity market rules may make provision about the enforcement of any obligation or requirement imposed by the rules.
Provision in electricity capacity regulations or in capacity market rules about enforcement or the resolution of disputes may include provision conferring functions on any public body or any other person.
Provision made by virtue of this section may include provision—
about powers to impose financial penalties;
for requirements under the electricity capacity regulations or under capacity market rules to be enforceable by the Authority as if they were relevant requirements on a regulated person for the purposes of section 25 of EA 1989;
about reference to arbitration;
about appeals.
The Secretary of State may, for any purpose related to provision that is made by this Chapter, or any purpose for which provision may be made under this Chapter, modify—
a condition of a particular licence under section 6(1)(a) to (e) of EA 1989 (generation, transmission, distribution, supply , electricity system operator and interconnector licences);
the standard conditions incorporated in licences under those provisions by virtue of section 8A of that Act;
a document maintained in accordance with the conditions of licences under those provisions, or an agreement that gives effect to a document so maintained.
A modification under this section may in particular include a modification—
to provide for a new document to be prepared and maintained in accordance with the conditions of a licence;
to provide for an agreement to give effect to a document so maintained;
to confer functions on the national system operator.
Provision included in a licence, or in a document or agreement relating to licences, by virtue of the modification power may in particular include provision of any kind that may be included in electricity capacity regulations.
Before making a modification under this section, the Secretary of State must consult—
the holder of any licence being modified,
the Authority, and
such other persons as the Secretary of State considers it appropriate to consult.
Subsection (4) may be satisfied by consultation before, as well as by consultation after, the passing of this Act.
The Secretary of State may by regulations, for the purpose of or in connection with any provision made by or by virtue of this Chapter—
amend or repeal section 47ZA of EA 1989 (annual report by Authority on security of electricity supply);
amend section 172 of the Energy Act 2004 (annual report on security of energy supplies);
amend section 25 of and Schedule 6A to EA 1989 (enforcement of obligations of regulated persons);
make such provision amending, repealing or revoking any other enactment as the Secretary of State considers appropriate in consequence of provision made by or by virtue of this Chapter.
Sections 3A to 3D of EA 1989 (principal objective and general duties) apply in relation to functions of the Authority conferred by or by virtue of this Chapter as they apply in relation to functions under Part 1 of that Act.
Regulations under this Chapter may—
include incidental, supplementary and consequential provision;
make transitory or transitional provision or savings;
make different provision for different cases or circumstances or for different purposes;
make provision subject to exceptions.
Before making any regulations under this Chapter, the Secretary of State must consult—
the Authority,
any person who is a holder of a licence to supply electricity under section 6(1)(d) of EA 1989,
such other persons as the Secretary of State considers it appropriate to consult.
Subsection (2) may be satisfied by consultation before, as well as consultation after, the passing of this Act.
Regulations under this Chapter must be made by statutory instrument.
Subject to subsection (6), an instrument containing (whether alone or with other provision) regulations under this Chapter may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
An instrument containing only regulations within subsection (7) is subject to annulment in pursuance of a resolution of either House of Parliament.
The regulations within this subsection are—
electricity capacity regulations which—
only make provision within section 33, and
are not the first set of electricity capacity regulations to make such provision;
regulations under section 38 which do not make provision amending or repealing a provision of an enactment contained in primary legislation.
If, but for this subsection, an instrument containing electricity capacity regulations would be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.
Before the first exercise by the Secretary of State of the power to make capacity market rules, the Secretary of State must lay a draft of the rules before Parliament.
If, within the 40-day period, either House of Parliament resolves not to approve the draft, the Secretary of State may not take any further steps in relation to the proposed rules.
If no such resolution is made within that period, the Secretary of State may make the rules in the form of the draft.
Subsection (3) does not prevent a new draft of proposed capacity market rules being laid before Parliament.
In this section “40-day period”, in relation to a draft of proposed capacity market rules, means the period of 40 days beginning with the day on which the draft is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the 2 days on which it is laid).
For the purposes of calculating the 40-day period, no account is to be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.
Before any exercise by the Secretary of State of a power to make capacity market rules, the Secretary of State must consult—
the Authority;
any person who is a holder of a licence to supply electricity under section 6(1)(d) of EA 1989;
any person who is a capacity provider;
such other persons as the Secretary of State considers it appropriate to consult.
Subsection (7) may be satisfied by consultation before, as well as consultation after, the passing of this Act.
In relation to any exercise by the Secretary of State or the Authority of a power to make capacity market rules, the person making the rules must, as soon as reasonably practicable after they are made, lay them before Parliament and publish them.
Capacity market rules may—
include incidental, supplementary and consequential provision;
make transitory or transitional provision or savings;
make different provision for different cases or circumstances or for different purposes;
make provision subject to exceptions.
A power to make capacity market rules includes a power to amend, add to or remove capacity market rules (and a person exercising such a power may amend, add to or remove provision in capacity market rules made by another person).
But subsection (2) is subject to provision made by electricity capacity regulations.
There may be paid out of money provided by Parliament expenditure incurred by the Secretary of State in connection with arrangements made— and such arrangements are referred to in this section as “a pilot scheme”.
for the purpose of reducing demand for electricity, and
wholly or partly for the purpose of determining provision to be included in electricity capacity regulations;
The Secretary of State must review the operation and effectiveness of any pilot scheme.
The Secretary of State must set out the results and conclusions of the review in a report to Parliament—
by laying a copy of the report before each House of Parliament, or
if the Secretary of State determines that the report should be made orally, by making a statement to the House of Parliament of which that Secretary of State is a member.
A report under subsection (3) must be made as soon as reasonably practicable after the conclusion of the pilot scheme to which the report relates.
Schedule 2 (which makes provision about investment contracts) has effect.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Secretary of State may modify—
a condition of a particular licence under section 6(1)(a) to (e) of EA 1989 (generation, transmission, distribution, supply and interconnector licences);
the standard conditions incorporated in licences under those provisions by virtue of section 8A of that Act;
a document maintained in accordance with the conditions of licences under section 6(1)(a) to (e) of that Act, or an agreement that gives effect to a document so maintained.
The Secretary of State may make a modification under subsection (1) only for the purpose of imposing measures for or in connection with securing an appropriate degree of business separation between the carrying on of—
system operation functions (or any particular such function), and
any other functions (including, in a case where a measure relates to a particular system operation function, other system operation functions).
“System operation functions” are—
functions authorised under a transmission licence of co-ordinating and directing the flow of electricity onto and over a transmission system by means of which the transmission of electricity takes place, and
EMR functions.
A degree of business separation is “appropriate” for the purposes of subsection (2) if the Secretary of State determines it to be necessary or desirable as a consequence of the conferral of EMR functions.
In making that determination, the Secretary of State must have regard to the extent to which a measure of the kind mentioned in subsection (2) may affect the efficient and effective carrying on of system operation functions and other functions authorised under a transmission licence.
The measures referred to in subsection (2) include, in particular, measures for or in connection with securing any of the following—
the body corporate that carries on EMR functions does not carry on other functions;
limitations are in place in respect of the control or influence that may be exercised over that body by another group undertaking (within the meaning of the Companies Acts - see section 1161 of the Companies Act 2006);
separations are in place between—
the locations where system operation functions, and other functions, are carried on;
the information technology systems used for the purposes of the carrying on of system operation functions and other functions;
the accounting arrangements in relation to system operation functions are separate from those in relation to other functions;
persons who participate in the carrying on of system operation functions do not participate in the carrying on of other functions;
persons with access to information obtained in the carrying on of system operation functions do not have access to information obtained in the carrying on of other functions.
The power conferred by subsection (1) may be exercised so as to impose a requirement on a person holding a transmission licence—
to prepare annual reports about how measures within subsection (2) have been put in place for the year in question, and
to submit such reports to either or both of the Secretary of State and the Authority.
Before making a modification under subsection (1), the Secretary of State must consult—
the holder of any licence being modified,
the Authority, and
such other persons as the Secretary of State considers it appropriate to consult.
Subsection (8) may be satisfied by consultation before, as well as by consultation after, the passing of this Act.
In this section—
“tenancy” includes any lease, licence, sub-lease or sub-tenancy (and “landlord” is to be read accordingly).
A property transfer scheme may, in particular, make provision— Sub-paragraph (1)(b) does not apply to references in primary legislation or in subordinate legislation. In this Part of this Schedule “property” includes interests of any description.
Section 61 of the Fire (Scotland) Act 2005 (enforcing authorities) is amended as follows. In subsection (7), for “Health and Safety Executive” (in both places) substitute “appropriate body”. After that subsection insert— Subsection (9) is amended as follows. In paragraph (za)— After that paragraph insert—. In paragraph (b)— After subsection (9) insert— In subsection (10), after “(9)” insert “or (9A)”.
In section 2A of the National Health Service Act 2006 (Secretary of State’s duty as to protection of public health)—
in subsection (3)(b), for “the Health and Safety Executive” substitute “a relevant body”;
in subsection (4)(a), for “Health and Safety Executive” substitute “relevant body”;
after subsection (4) insert—.
In Schedule 6 to the Regulatory Enforcement and Sanctions Act 2008 (enactments specified for the purposes of orders under Part 3), the entry for sections 2 to 6 of the Radioactive Material (Road Transport) Act 1991 is repealed.
The Office for Nuclear Regulation.
a function, other than a function under section 84 (investigations), which relates to securing, monitoring or investigating compliance with conditions or requirements (however imposed) in relation to any material, premises or activity;
source material in the form of— uranium metal, alloy or compound, or thorium metal, alloy or compound, or
A scheme must contain provision for the payment by the Secretary of State of such amounts of compensation as the Secretary of State considers appropriate to any person whose interests are adversely affected by it.
The ONR is not to be regarded as a servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown. The ONR’s property is not to be regarded as the property of, or property held on behalf of, the Crown.
Paragraph 2 does not prohibit a disclosure of protected information which is made for the purposes of any of the safeguards obligations.
The Health and Safety at Work etc. Act 1974 is amended as follows.
Section 11 (functions of the Health and Safety Executive) is amended as follows. In subsection (4)— After that subsection insert—
In section 13 (powers of the Executive), after subsection (6) insert—
Section 14 (power of the Executive to direct investigations and inquiries) is amended as follows. In subsection (1)(a), after “railway safety purposes” insert “or the ONR’s purposes”. After subsection (4) insert—
Section 15 (health and safety regulations) is amended as follows. After subsection (1) insert— In subsection (2), for “the preceding subsection” substitute “subsection (1)”. In subsection (3)(c), after “may” insert “, subject to subsection (3A),”. After subsection (3) insert—
Section 18 (authorities responsible for enforcement of the relevant statutory provisions) is amended as follows. After subsection (1) insert— In subsection (2)— After subsection (3) insert— In subsection (5) in the opening words, after “the Executive” insert “, the Office for Nuclear Regulation”. In subsection (7), in the words following paragraph (b)—
In section 27 (obtaining of information by the Executive, enforcing authorities etc), in subsection (1)(b), after “an enforcing authority” insert “other than the Office for Nuclear Regulation”.
In section 27A (information communicated by Commissioners for Revenue and Customs), in subsection (2), at the end insert “, other than the Office for Nuclear Regulation or an inspector appointed by the Office for Nuclear Regulation”.
Section 28 (restrictions on disclosure of information) is amended as follows. In subsection (1)(a), after “to any person” insert “, other than the Office for Nuclear Regulation (or an inspector appointed by it),”. In subsection (3)(a), after “Executive” insert “, the Office for Nuclear Regulation,”. In subsection (4)— In subsection (5)(a), after “Executive” insert “, of the Office for Nuclear Regulation”. After subsection (9A) insert—
Section 44 (appeals in connection with licensing provisions in the relevant statutory provisions) is amended as follows. In subsection (1), omit “(other than nuclear site licences)”. In subsection (7)— Omit subsection (8).
Section 50 (regulations under the relevant statutory provisions) is amended as follows. In subsection (1AA), for the words following “unless” substitute the Secretary of State has consulted— In subsection (2), for “the Executive” substitute — In subsection (3), before paragraph (a) insert—. After subsection (3) insert—
In section 53(1) (general interpretation of Part 1)—
after the definition of “micro-organism” insert—;
after the definition of “offshore installation” insert—;
after the definition of “prohibition notice” insert—.
Section 82 (general provisions as to interpretation and regulations) is amended as follows. In subsection (3)(b), after “subsection” insert “(3A) or”. After subsection (3) insert—
In Schedule 1 (existing enactments which are relevant statutory provisions), omit the entry relating to the Nuclear Installations Act 1965.
Schedule 2 (constitution etc. of the Health and Safety Executive) is amended as follows. In paragraph 1(b) for “eleven” substitute “twelve”. In paragraph 2(2), at the beginning insert “Subject to sub-paragraph (3A),”. The Office for Nuclear Regulation may appoint a member from among the non-executive members of the Office for Nuclear Regulation (“an ONR member”). The Office for Nuclear Regulation must notify the Executive and the Secretary of State whenever it appoints an ONR member. In paragraph 3, after “4” insert “, 4A”. In paragraph 4, after “Executive” insert “, other than an ONR member,”. After paragraph 4 insert—. In paragraph 5, after “member” insert “, other than an ONR member,”. Paragraph 6 is amended as follows. as may be determined by the Secretary of State. In sub-paragraph (2), after “member” insert “other than an ONR member”. In sub-paragraph (3), after “member” insert “other than an ONR member”. Where— the Executive may pay the member such amount by way of compensation as the Secretary of State may determine.
The Secretary of State may by order provide that EMR functions carried out by the national system operator are instead to be carried out by an alternative delivery body.
An order under subsection (1) may be made only if—
the national system operator has requested the making of the order,
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the unsatisfactory performance condition is met (see subsection (3)),
it appears to the Secretary of State necessary or desirable to make the order as a result of a change, occurring after the coming into force of this section, in the persons having control of the national system operator (see subsection (4)), or
it otherwise appears to the Secretary of State necessary or desirable to make the order in connection with furthering the purposes of—
encouraging low carbon electricity generation (within the meaning of Chapter 2), or
providing capacity to meet the demands of consumers for the supply of electricity in Great Britain.
The unsatisfactory performance condition is met if—
it appears to the Secretary of State that the national system operator has been failing to carry out its EMR functions in an efficient and effective manner,
the Secretary of State has given notice in writing to the national system operator providing particulars of the failure,
a period of at least 6 months has passed since the giving of the notice, and
it appears to the Secretary of State that the failure so specified is continuing.
“Control”, in relation to the national system operator, means the power of a person to secure— that the affairs of the national system operator are conducted in accordance with the person's wishes.
by means of the holding of shares or the possession of voting power in relation to the national system operator or any other body corporate, or
as a result of any powers conferred by the articles of association or other document regulating the national system operator or any other body corporate,
The Secretary of State must, subject to subsection (6), consult the national system operator before making an order under subsection (1) on the grounds mentioned in subsection (2)(e).
Subsection (5) does not apply where the Secretary of State considers the urgency of the case makes it inexpedient to consult the national system operator before making the order.
Where an EMR function has previously been transferred from the national system operator to an alternative delivery body by an order under subsection (1), the Secretary of State may by a further order provide that the function is instead to be carried out by—
a different alternative delivery body, or
the national system operator.
“Alternative delivery body”, in relation to an order under subsection (1) or (7), means such person as may be specified in the order.
An order under subsection (1) or (7) that specifies as the alternative delivery body a person other than the Secretary of State requires the consent of that person.
An order under subsection (7) providing for EMR functions to be carried out by the national system operator requires the consent of the national system operator.
In this section—
“financial assistance” means grants, loans, guarantees or indemnities, or any other kind of financial assistance.
A scheme may contain provision for the payment of compensation by the Secretary of State to any person whose interests are adversely affected by it.
The ONR is to consist of— References in this Part of this Act to members of the ONR’s staff are to persons who—
The ONR may appoint persons to serve as its employees. A person appointed to serve as an employee of the ONR is to be employed on such terms and conditions, including terms and conditions as to remuneration, as the ONR may determine. One employee of the ONR is to be appointed as the Chief Nuclear Inspector. One employee of the ONR is to be appointed as the Chief Executive Officer. The appointment of the Chief Nuclear Inspector or the Chief Executive Officer also requires the approval of the Secretary of State. A person may be both the Chief Nuclear Inspector and the Chief Executive Officer. The ONR may make arrangements for persons to be seconded to the ONR to serve as members of the ONR’s staff. A period of secondment to the ONR does not affect the continuity of a person’s employment with the employer from whose service he or she is seconded.
The ONR may authorise— to do anything required or authorised to be done by the ONR (and such authorisation may include authorisation to exercise the power conferred on the ONR by this paragraph). The ONR must give an authorisation or authorisations under this paragraph in respect of all its functions which consist of the exercise of a regulatory function in a particular case. Only the following may be authorised under this paragraph to do anything in the exercise of a regulatory function in a particular case— An authorisation under this paragraph— Any authorisations given by the ONR under this paragraph must be in writing. The ONR must publish any authorisations which it gives under this paragraph.
It is the duty of the ONR— The Comptroller and the Auditor General must examine, certify and report on the statement and must lay copies of the statement and of the report on it before Parliament.
As soon as reasonably practicable after the end of each financial year, the ONR must make a report to the Secretary of State on the performance of the ONR’s functions during the year. The report for a financial year must contain—
The ONR may do anything which is calculated to facilitate, or is conducive or incidental to, the performance of its functions. The power in sub-paragraph (1) is subject to any restrictions imposed by or under any provision of any enactment.
This paragraph applies where an inspector is of the opinion that a person— The inspector may, if authorised, give the person a notice (an “improvement notice”) requiring the person to remedy— within the period specified in the notice. The improvement notice must— The period specified under sub-paragraph (2) must end no earlier than the period within which an appeal against the notice may be brought under paragraph 6. In this paragraph “applicable provision” means—
In this paragraph “a notice” means an improvement notice or a prohibition notice. A person to whom a notice is given may appeal within such period after the notice is given as may be prescribed by regulations made by the Secretary of State (“the prescribed period”). An appeal under this paragraph lies to an employment tribunal. On an appeal, the tribunal may— Where an appeal under this paragraph is brought against an improvement notice within the prescribed period, the operation of the notice is suspended until the appeal is withdrawn or finally disposed of. Where— the operation of the notice is suspended from the time the direction is given until the appeal is withdrawn or finally disposed of. One or more assessors may be appointed for the purposes of any proceedings brought before an employment tribunal under this paragraph.
In exercising the power of entry mentioned in paragraph 8, an inspector may—
be accompanied—
by any person approved by the ONR for the purpose, and
if the inspector has reasonable cause to expect any serious obstruction in the exercise of any of the inspector’s powers, by a constable, and
take along any equipment and materials required for any purpose for which the inspector is exercising the power of entry.
A power conferred by this Schedule includes power to require any person to provide any facilities or assistance relating to matters or things— which are needed in order to enable an authorised inspector to exercise the power.
within the person’s control, or
in relation to which the person has responsibilities,
In this Schedule— In this Schedule, references to an inspector, in relation to any power, are to the inspector exercising or proposing to exercise the power.
Paragraph 2 does not prohibit a disclosure of protected information if it is made with the appropriate consent. For this purpose “the appropriate consent” means—
Paragraph 2 does not prohibit the following disclosures of protected information— For this purpose, “relevant authority” means— A person within sub-paragraph (1)(a) to whom protected information is disclosed by virtue of any provision of this Schedule may not use the information for a purpose other than any of the purposes of the relevant authority in question.
Paragraph 2 does not prohibit the following disclosures of protected information— A constable to whom information is disclosed by virtue of sub-paragraph (1) must not use the information for a purpose other than a purpose of the police in connection with—
The employees to whom a transfer scheme may apply are those employees who fall within sub-paragraph (2). An employee falls within this sub-paragraph if, immediately before the staff transfer scheme takes effect, the employee— Sub-paragraph (4) applies for the purposes of determining whether an employee was assigned as mentioned in sub-paragraph (2) where, immediately before the transfer scheme takes effect, the employee— That sub-paragraph is to be read as if it operated immediately before the date of the secondment or temporary assignment, or the date when the absence began, instead of immediately before the date on which the scheme takes effect.
The Nuclear Safeguards Act 2000 is amended as follows.
The executive members consist of—
the Chief Nuclear Inspector,
the Chief Executive Officer, and
not more than 2 other members (or not more than 3 other members, if the Chief Nuclear Inspector and the Chief Executive Officer are the same person) appointed by the ONR.
The ONR may pay to or in respect of an employee sums by way of or in respect of allowances, expenses, pensions, gratuities or compensation for loss of employment. The ONR may pay to or in respect of a person seconded to it sums by way of or in respect of allowances, expenses, pensions or gratuities. An executive member may not take part in the determination of the amount of any remuneration, allowance, expense, pension, gratuity or compensation payable to or in respect of him or her.
A power conferred by this Schedule includes power to do anything incidental that is necessary for the relevant purpose.
Section 1(1) (interpretation) is amended as follows. In the definition of “Additional Protocol information” after “Secretary of State” insert “or the Office for Nuclear Regulation”. In the definition of “authorised officer” for “Secretary of State” substitute “Office for Nuclear Regulation”.
The non-executive members consist of— The Secretary of State must, so far as practicable, ensure that at any given time there are no fewer than 5 non-executive members of the ONR. One non-executive member must have experience of, or expertise in, matters relevant to the ONR’s nuclear security purposes. The Health and Safety Executive may— The Health and Safety Executive must notify the ONR and the Secretary of State whenever it appoints an HSE member.
Service as an employee of the ONR is not service in the civil service of the State. A person employed in the civil service of the State continues to be employed in the civil service of the State during any period of secondment to the ONR. Members of the ONR’s staff are to be regarded as Crown servants for the purposes of the Official Secrets Act 1989. Employment by the ONR is not Crown employment for the purposes of the Trade Union and Labour Relations (Consolidation) Act 1992 (see section 273 of that Act).
Section 2 (information and records for purposes of the Additional Protocol) is amended as follows. In subsection (1), for “Secretary of State” substitute “Office for Nuclear Regulation”. In subsection (2), for “Secretary of State”, in both places where it appears, substitute “Office for Nuclear Regulation”. In subsection (3)(a) for “Secretary of State” substitute “Office for Nuclear Regulation”.
Service as a member of the ONR is not service in the civil service of the State, but this is subject to paragraph 6.
The persons to whom section 1 of the Superannuation Act 1972 (persons to or in respect of whom benefits may be provided by schemes under that section) applies are to include the employees of the ONR. Office for Nuclear Regulation. The ONR must pay to the Minister for the Civil Service, at such times as that Minister may direct, such sums as that Minister may determine in respect of the increase attributable to sub-paragraph (1) in the sums payable out of money provided by Parliament under that Act.
Section 3 (identifying persons who have information) is amended as follows. In subsection (1), for “him” substitute “the Office for Nuclear Regulation”. In subsection (2)(b), for “Secretary of State” substitute “Office for Nuclear Regulation”. In subsection (3)(a), for “Secretary of State” substitute “Office for Nuclear Regulation”. After subsection (3) insert— In subsection (5), for “Secretary of State” substitute “Office for Nuclear Regulation”.
Members of the ONR are to be regarded as Crown servants for the purposes of the Official Secrets Act 1989.
Section 4 (powers of entry in relation to Additional Protocol information) is repealed. Sub-paragraph (1) does not affect the power in section 12(4) of the Nuclear Safeguards Act 2000 to extend section 4 of that Act outside the United Kingdom.
Section 5 (rights of access etc. for Agency inspectors) is amended as follows. After subsection (3) insert— In subsection (6) for “Secretary of State” substitute “Office for Nuclear Regulation”.
In section 6 (restriction on disclosure), after subsection (3) insert—.
In section 7 (giving false or misleading information), in paragraphs (a) and (b) for “Secretary of State” substitute “Office for Nuclear Regulation”.
“residential premises” means premises all or part of which comprise a dwelling;
A transfer of functions order may provide for an alternative delivery body to require fees to be paid for, or in connection with, the performance of any EMR functions conferred on the body by virtue of the order.
The amount of any such fee is the amount specified in, or determined by or in accordance with, the order.
A transfer of functions order may relate—
to all EMR functions that the national system operator or the alternative delivery body is carrying out, or
only to such of those functions as are specified in the order.
A transfer of functions order may—
include incidental, supplementary and consequential provision;
make transitory or transitional provision and savings;
make different provision for different cases or circumstances or for different purposes.
Consequential provision made under subsection (4)(a) may amend, repeal or revoke any provision made by or under an Act, whenever passed or made (including this Act).
A transfer of functions order is to be made by statutory instrument.
A statutory instrument containing a transfer of functions order is subject to annulment in pursuance of a resolution of either House of Parliament.
Schedule 3 (which confers power on the Secretary of State to make transfer schemes in connection with the making of transfer of functions orders) has effect.
If the Secretary of State makes a transfer of functions order under which any EMR functions of the national system operator are transferred to an alternative delivery body, the Secretary of State must consider the extent to which (if at all) a licence modification power should be exercised as a consequence of the national system operator ceasing to carry out the functions that are transferred.
In subsection (9) “licence modification power” means a power conferred by section 26, 37 or 45 to modify—
a condition of a licence granted to the national system operator under section 6(1)(da) of the EA 1989, or
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a document maintained in accordance with the conditions of such licences, or an agreement that gives effect to a document so maintained.
In this section—
“standard domestic tariff” means a domestic tariff some or all of whose terms are specified by, or in accordance with, a relevant provision;
“supply contract terms” means the terms and conditions of a domestic supply contract.
In this Schedule an “investment contract” means a contract with an electricity generator which— If the contract is entered into before the coming into force of this Schedule, the obligation referred to in sub-paragraph (1)(c) must be conditional on the being in force of this Schedule. In sub-paragraph (1)— In the case of a contract entered into with more than one person, the reference in sub-paragraph (1)(c) to the parties is a reference to the Secretary of State and any of those persons who is an electricity generator. A contract is laid before Parliament in accordance with this sub-paragraph if it is laid by the Secretary of State at any time after the introduction into Parliament of the Bill that becomes this Act— A statement falls within this sub-paragraph if it is a statement— In sub-paragraph (6) “low carbon electricity generation” means electricity generation which in the opinion of the Secretary of State will contribute to a reduction in emissions of greenhouse gases; and “greenhouse gas” has the meaning given by section 92(1) of the Climate Change Act 2008. The Secretary of State must publish an investment contract in the form in which it was laid before Parliament as soon as reasonably practicable after it is laid.
In this Schedule— References in this Schedule to a CFD counterparty (apart from the references in paragraphs 9(1)(c) and (d) and 16) are to a CFD counterparty acting as a counterparty in relation to an investment contract (where any property, rights or liabilities under the contract have been transferred to the CFD counterparty by a scheme under paragraph 16).
Regulations may make provision for electricity suppliers to pay the Secretary of State for the purpose of enabling payments to be made under investment contracts. Regulations must make provision for electricity suppliers to pay an investment contract counterparty or a CFD counterparty for the purpose of enabling payments to be made under investment contracts. Regulations may make provision for electricity suppliers to pay the Secretary of State, an investment contract counterparty or a CFD counterparty for the purpose of enabling the person to whom the payments are made— In sub-paragraph (3)(a) “costs” means costs in connection with the performance of any function conferred by or by virtue of this Schedule. Regulations may make provision to require electricity suppliers to provide financial collateral to the Secretary of State, an investment contract counterparty or a CFD counterparty (whether in cash, securities or any other form). Regulations which make provision by virtue of sub-paragraph (1) or (2) for the payment of sums by electricity suppliers must impose on the person to whom such sums are to be paid a duty in relation to the collection of such sums. Provision made by virtue of this paragraph may include provision for— Provision made by virtue of sub-paragraph (7)(b) may provide for anything which is to be calculated or determined under the regulations to be calculated or determined by such persons, in accordance with such procedure and by reference to such matters and to the opinion of such persons, as may be specified in the regulations. Provision made by virtue of sub-paragraph (7)(d) may include provision— Any sum which— may be recovered from the electricity supplier by the Secretary of State, the investment contract counterparty or the CFD counterparty (as the case may be) as a civil debt due to that person.
Regulations may make provision about the provision and publication of information. Provision made by virtue of sub-paragraph (1) may include provision— In sub-paragraph (2) “Northern Ireland system operator” means the holder of a licence under Article 10(1)(b) of the Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1)). The prohibition on disclosure of information by— does not apply to a disclosure required by virtue of this paragraph.
Before making regulations the Secretary of State must consult— Before making regulations which contain provision falling within paragraph 7, 8 or 14(3), the Secretary of State must also consult electricity suppliers. Before making regulations which contain provision falling within paragraph 9, the Secretary of State must also consult electricity suppliers and any electricity generator who is party to an investment contract. Before making regulations which contain provision falling within paragraph 11 or 12(1)(a), the Secretary of State must also consult the Authority. Before making regulations which contain provision falling within paragraph 12(1)(a), the Secretary of State must also consult any person who is a holder of a licence under section 6(1)(d) of EA 1989. Before making regulations which contain provision falling within paragraph 12(1)(b), the Secretary of State must also consult the Northern Ireland Authority for Utility Regulation and any person who is a holder of a licence under Article 10(1)(c) of the Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1)). If regulations impose requirements by virtue of paragraph 10(2), the Secretary of State must before making the regulations also consult any person upon whom a requirement is imposed. The requirement to consult may be satisfied by consultation before, as well as consultation after, the passing of this Act.
A scheme may make provision— Sub-paragraph (1)(b) does not apply to references in primary legislation or in subordinate legislation.
Regulations under section 57(6)(b) may provide for the emissions limit duty to apply with modifications (or not to apply) in relation to fossil fuel plant which does not include a network generating station.
Regulations under section 57(6)(b) may modify the emissions limit duty in relation to fossil fuel plant in cases where—
the generating station is used for the first time, or permanently ceases to be used, for the generation of electricity,
any period during which the emissions limit duty does not apply in relation to the plant by virtue of section 58 begins or ends, or
the generating station, or any CCS plant comprised in the fossil fuel plant, is altered.
The prohibition in paragraph 2 is to be disregarded for the purposes of— (which provide for exemptions from disclosure requirements under those Acts for information subject to statutory prohibitions on disclosure).
section 44 of the Freedom of Information Act 2000, and
section 26 of the Freedom of Information (Scotland) Act 2002,
The Secretary of State may make one or more schemes under which an employee to whom the scheme applies becomes an employee of the ONR (but this is subject to provision contained in the scheme by virtue of paragraph 6). A scheme under sub-paragraph (1) is referred to in this Schedule as a “staff transfer scheme”.
Nothing in this Part of this Act is to be taken to permit or require a disclosure of information which is prohibited by or under any provision of primary legislation (including, in particular, section 79 or 80 of the Anti-terrorism, Crime and Security Act 2001 (prohibition on disclosure of information relating to nuclear security)).
It is an offence for a person to contravene any requirement imposed by an inspector under this Part of this Schedule. It is an offence for a person to prevent or attempt to prevent any other person from— A person who commits an offence under this paragraph is liable— In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (general limit on magistrates’ court’s powers to imprison), the reference in sub-paragraph (3)(a)(i), as it has effect in England and Wales, to 12 months is to be read as a reference to 6 months.
It is an offence for a person to disclose information in contravention of paragraph 2.
A person who commits an offence under paragraph 3 or 4 is liable— In the application of sub-paragraph (1) to England and Wales in relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (general limit on magistrates’ court’s power to imprison), the reference in sub-paragraph (1)(a)(i) to 12 months is to be read as a reference to 6 months.
It is an offence for a person intentionally to obstruct an inspector in the exercise or performance of the inspector’s functions. A person who commits an offence under this paragraph is liable on summary conviction— In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for summary offences), the reference in sub-paragraph (2)(a), as it has effect in England and Wales, to 51 weeks is to be read as a reference to 6 months.
“relevant provision” means any provision included in a licence by virtue of subsection (1);
It is an offence for a person falsely to pretend to be an inspector. A person who commits an offence under this paragraph is liable on summary conviction to—
The Energy Act 2004 is amended as follows.
In section 154 (energy administration orders), in subsection (3) for “section 155” substitute “—
section 155(1), and
section 155(9) (if and to the extent that section 155(9) applies in relation to the company).”
In section 155 (objective of an energy administration), after subsection (7) insert—
The Secretary of State may modify—
a condition of a particular licence under section 6(1)(a) or (d) of EA 1989 (generation and supply licences);
the standard conditions incorporated in licences under those provisions by virtue of section 8A of that Act;
a document maintained in accordance with the conditions of licences under section 6(1)(a) or (d) of that Act, or an agreement that gives effect to a document so maintained.
The Secretary of State may exercise the power in subsection (1) only for the following purposes—
facilitating participation in the wholesale electricity market in Great Britain, whether by licence holders or others;
promoting liquidity in that market.
Modifications made by virtue of that power may include—
provision imposing obligations in relation to the sale or purchase of electricity, including, in particular, obligations as to—
the terms on which electricity is sold or purchased, and
the circumstances or manner in which electricity is sold or purchased;
provision imposing restrictions on the sale or purchase of electricity to or from group undertakings;
provision imposing obligations in relation to the disclosure or publication of information.
For the purposes of subsection (3)(b), electricity is sold to or purchased from a group undertaking if the transaction is between undertakings one of which is a group undertaking in relation to the other. For this purpose, “undertaking” and “group undertaking” have the same meanings as in the Companies Acts (see section 1161 of the Companies Act 2006).
The Secretary of State may modify—
a condition of a particular licence under section 6(1)(d) of EA 1989 (supply licences);
the standard conditions incorporated in licences under that provision by virtue of section 8A of that Act;
a document maintained in accordance with the conditions of licences under section 6(1)(d) of that Act, or an agreement that gives effect to a document so maintained.
The Secretary of State may exercise the power in subsection (1) only for the purpose of facilitating investment in electricity generation by means of a power purchase agreement scheme.
For the purposes of this section and section 51— For this purpose, “supply licence condition” means any condition, document or agreement of a kind mentioned in subsection (1).
a power purchase agreement scheme is a scheme established by supply licence conditions and regulations under section 51 for promoting the availability to electricity generators of power purchase agreements, and
“power purchase agreement” means an arrangement under which a licensed supplier agrees to purchase electricity generated by an electricity generator at a discount to a prevailing market price.
Provision that may be made under subsection (1) in relation to a power purchase agreement scheme includes provision—
as to the eligibility of an electricity generator to enter into a power purchase agreement under the scheme;
as to the terms of any power purchase agreement to be entered into under the scheme, including provision—
for determining the price at which electricity is to be purchased under the agreement (including provision for determining a market price and the amount of a discount at any time);
as to the duration of any such agreement;
as to the circumstances in which a licensed supplier is or may be required or permitted to enter, or offer to enter, into a power purchase agreement under the scheme;
for the provision of information in connection with the scheme.
Provision within subsection (4)(c) includes provision for determining which licensed supplier or suppliers is or are to be required or permitted to enter, or offer to enter, into a power purchase agreement with an electricity generator in any particular case.
Such provision may in particular include provision for the licensed supplier or suppliers in question to be determined— and provision that may be made by virtue of paragraph (b) includes provision as to the circumstances in which a licensed supplier is or may be required or permitted to participate in an auction or other process.
by a process involving a determination or determinations by one or more of the following—
the Secretary of State;
the Authority;
the electricity generator;
by auction or other competitive process;
For the purposes of this section and section 51, “licensed supplier” means the holder of a licence under section 6(1)(d) of EA 1989.
The Secretary of State may by regulations make provision, in connection with any modifications made under section 50, for or in connection with a power purchase agreement scheme.
Any such regulations may in particular—
make provision for apportioning amongst licensed suppliers, or any of them, all or any part of the value of any or all of the costs or benefits of any licensed supplier in connection with the scheme;
confer functions on the Secretary of State or the Authority (which may include provision for directions to be given to the Authority by the Secretary of State);
make provision for the delegation of functions conferred on the Secretary of State or the Authority by the regulations or by virtue of section 50;
include provision for obligations imposed by the regulations on licensed suppliers to be enforceable by the Authority as if they were relevant requirements on a regulated person for the purposes of section 25 of EA 1989;
make provision about the provision of information in connection with the scheme.
Provision that may be included in regulations under this section by virtue of subsection (2)(a) includes, in particular, provision—
for requiring licensed suppliers to pay a levy to the Authority at specified times;
specifying how such a levy is to be calculated;
conferring an entitlement on a licensed supplier to receive a payment from the Authority.
Provision which may be included in regulations by virtue of subsection (3) includes provision for the Secretary of State or the Authority to determine what is to be taken into account as a cost or benefit of any licensed supplier in connection with the scheme and its value.
Regulations under this section may—
include incidental, supplementary and consequential provision;
make transitory or transitional provision or savings;
make different provision for different cases or circumstances or for different purposes;
make provision subject to exceptions.
Before making any regulations under this section, the Secretary of State must consult—
licensed suppliers,
the Authority, and
such other persons as the Secretary of State considers it appropriate to consult.
Subsection (6) may be satisfied by consultation before, as well as by consultation after, the passing of this Act.
Regulations under this section must be made by statutory instrument.
An instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
In section 105 of the Utilities Act 2000 (general restrictions on disclosure of information)—
in subsection (1)(a), after “2010” insert “ or section 50 or 51 of the Energy Act 2013 ”;
in subsection (3)(a), after “2010” insert “ , section 50 or 51 of the Energy Act 2013 ”.
Sections 3A to 3D of EA 1989 (principal objective and general duties) apply in relation to functions of the Secretary of State or the Authority conferred by or by virtue of section 50 or 51, or section 54 so far as it relates to a power purchase agreement scheme, as they apply in relation to functions under Part 1 of that Act.
A modification of a licence under section 49(1) or 50(1) may in particular include a modification—
to provide for a new document to be required to be prepared and maintained in accordance with the conditions of such a licence;
to provide for an agreement to give effect to a document so maintained.
Before making modifications under section 49(1) or 50(1), the Secretary of State must consult—
the holder of any licence being modified,
the Authority, and
such other persons as the Secretary of State considers it appropriate to consult.
Subsection (2) may be satisfied by consultation before, as well as by consultation after, the passing of this Act.
After section 32L of EA 1989 insert—
In section 32M(1) of EA 1989 (interpretation of sections 32 to 32M)—
for “32L” substitute “ 32LB ”;
“renewables obligation closure order” is to be construed in accordance with section 32LA;
in the definition of “specified”, after “renewables obligation order” insert “ or a renewables obligation closure order ”.
In section 106 of EA 1989 (regulations and orders), in subsection (2)(b) after “32,” insert “ 32LA, ”.
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 EA 1989 includes a reference to subsections (1) and (2) of this section.
EA 1989 is amended as follows.
After section 32M insert—
In section 106 (regulations and orders), in subsection (2)(b) after “32LA,” (as inserted by section 55(3))” insert “ 32N, 32R(4), ”.
In section 113 (extent etc), in subsection (3), at the beginning of the list (before the entry for sections 65 to 70) insert “ Sections 32N to 32Z2; ”.
The operator of any fossil fuel plant must secure that the emissions of carbon dioxide from it that are attributable to the use of fossil fuel do not exceed EL tonnes of carbon dioxide (“the emissions limit”) in any year, where— and— R is the statutory rate of emissions, in g/kWh; C is the installed generating capacity, in MW, of the electricity generating station comprised in the fossil fuel plant.
Until (and including) 2044, the statutory rate of emissions is 450 g/kWh.
In this Chapter, “fossil fuel plant” means an electricity generating station which satisfies the conditions in subsection (4), together with any associated gasification plant and any associated CCS plant.
Those conditions are that the generating station—
is constructed pursuant to a relevant consent given or made on or after the date on which subsection (1) comes into force, and
uses—
fossil fuel, or
fuel produced by gasification plant.
Subsection (1) is subject to—
section 58, and
any provision made by or under regulations made under subsection (6).
The Secretary of State may by regulations—
make provision about the interpretation of the duty imposed by subsection (1) (“the emissions limit duty”);
make any provision mentioned in Schedule 4 (application of emissions limit duty to additional cases or subject to modifications).
Regulations under subsection (6)(a) may, in particular, make provision—
for determining whether gasification plant or CCS plant (including any CCS plant associated with gasification plant) is associated with a generating station;
for determining the emissions from fossil fuel plant;
for the use of fossil fuel— to be disregarded for any of the purposes of this Chapter;
for operating plant that is ancillary to a generating station for safety purposes, or in an emergency, or
by a network generating station at a time when it is not exporting to a network,
for determining (whether by apportionment or otherwise) which emissions from fossil fuel plant are attributable to the use of fossil fuel;
for determining when plant ceases to be, or to be part of, fossil fuel plant;
specifying the meaning of any of the following expressions—
“operator”, in relation to fossil fuel plant;
“installed generating capacity”;
“constructed pursuant to a relevant consent”, in relation to an electricity generating station;
specifying any category of emissions by reference to provision made, or that may from time to time be made, by or under regulations implementing the ETS Directive.
Provision that may be made by virtue of subsection (7)(d) includes provision for treating emissions attributable to the supply of heat to customers from combined heat and power plant as not being attributable to the use of fossil fuel.
The emissions limit duty does not apply during the exemption period in relation to fossil fuel plant for which there is a complete CCS system.
For this purpose, a complete CCS system, in relation to fossil fuel plant, is a system of plant and facilities for—
capturing some or all of the carbon dioxide (or any substance consisting primarily of carbon dioxide) that is produced by, or in connection with, generation of electricity by the generating station comprised in the fossil fuel plant,
transporting the carbon dioxide (or substance) captured, and
disposing of it by way of permanent storage.
The exemption period for any fossil fuel plant is the period—
beginning with the first day on which the fossil fuel plant and its complete CCS system are ready for use, and
ending with— whichever is earlier.
the expiry of 3 years beginning with that day, or
31 December 2027,
In subsection (3), “use” includes testing in connection with the generation of electricity on a commercial scale.
Subsection (1) is subject to any provision made by regulations under section 57(6)(b).
This section applies where an appropriate authority considers that there is an electricity shortfall, or a significant risk of an electricity shortfall.
Where this section applies, the appropriate authority may direct that, in relation to relevant plant, the emissions limit duty is to be treated as—
suspended for a period specified in the direction, or
modified for a period specified in the direction.
For the purposes of this section, there is an electricity shortfall when—
the electricity available in Great Britain is insufficient to meet demands in Great Britain, or
the electricity available in Northern Ireland is insufficient to meet demands in Northern Ireland.
For this purpose—
electricity available in Great Britain or Northern Ireland includes electricity that is available there by virtue of an electricity interconnector (within the meaning of Part 1 of EA 1989), and
subject to that, it is for the appropriate authority to determine what is to be regarded as available electricity.
Before giving a direction under this section, the Secretary of State must consult—
the Scottish Ministers,
the Welsh Ministers, and
such other persons as the Secretary of State considers it appropriate to consult.
As soon as practicable after giving a direction under this section, the Secretary of State must lay before Parliament a document containing—
a copy of the direction, and
a statement of the Secretary of State's reasons for making the direction.
Before giving a direction under this section, the Department of Enterprise, Trade and Investment must consult such persons as it considers it appropriate to consult.
As soon as practicable after giving a direction under this section, the Department of Enterprise, Trade and Investment must lay before the Northern Ireland Assembly a document containing—
a copy of the direction, and
a statement of the Department's reasons for making the direction.
A direction under this section—
is to be made in writing;
may include incidental, supplementary and transitional provision;
may be varied or revoked by a further direction under this section.
Provision that may be made by virtue of subsection (9)(b) includes, in particular, provision imposing requirements on enforcing authorities (within the meaning of Schedule 5) for Great Britain or Northern Ireland, as the case may be.
Each appropriate authority—
must issue (and may from time to time revise) a statement of the Secretary of State's or, as the case may be, the Department's policy in relation to making directions under this section,
must publish the up-to-date text of the statement whenever it is issued or revised, and
must have regard to the statement in making any direction under this section.
For the purposes of this section—
“relevant consent” means—
“the principal terms”, in relation to a domestic supply contract, means the terms of the contract of the types specified in an order under subsection (11);
An investment contract is a “varied investment contract” for the purposes of this paragraph if the variation— A varied investment contract is an “investment contract” for the purposes of this Schedule only if it is laid before Parliament (at any time after the introduction into Parliament of the Bill that becomes this Act)— The Secretary of State must publish a varied investment contract in the form in which it was laid before Parliament as soon as reasonably practicable after it is laid. This paragraph does not apply in respect of a variation which is made in accordance with the terms of an investment contract.
The Secretary of State may by order made by statutory instrument designate an eligible person to be a counterparty for investment contracts. A person is eligible if the person is— A designation may be made only with the consent of the person designated. The Secretary of State may exercise the power to designate so that more than one designation has effect under this paragraph, but only if the Secretary of State considers it necessary for the purpose of ensuring that— A designation ceases to have effect if— As soon as reasonably practicable after a designation ceases to have effect the Secretary of State must make a transfer scheme under paragraph 16 to ensure the transfer of all rights and liabilities under any investment contract to which the person who has ceased to be an investment contract counterparty was a party. If necessary for the purposes of a transfer scheme required to be made by virtue of sub-paragraph (6), the Secretary of State must, so far as reasonably practicable, exercise the power to designate so as to ensure that at least one designation has effect under this paragraph. Regulations may include provision about the period of time for which, and the circumstances in which, a person who has ceased to be an investment contract counterparty is to continue to be treated as an investment contract counterparty for the purposes of the regulations.
Enforcement regulations may authorise an enforcing authority to serve an enforcement notice on an operator who has breached the emissions limit duty in respect of any fossil fuel plant— The regulations may specify the requirements that may be imposed on an operator under an enforcement notice. Those requirements may in particular include requirements—
In Part 2 of this Schedule, “activity” includes process, operation or act.
In this Schedule “protected information” means information which has been— Information is not protected information for the purposes of this Schedule if it has been— Information received by virtue of a disclosure under paragraph 21 (anonymised information) is not protected information. Protected information includes, in particular, information with respect to a trade secret which an inspector, a health and safety inspector or an ONR inquiry official has obtained as a result of entering premises in exercise of a relevant power, a power conferred under section 20 of the 1974 Act or an ONR inquiry power. In this Schedule—
If an offence is committed in connection with any plant or substance, the offence may be treated as having been committed at the place where the plant or substance is for the time being. Sub-paragraph (1) applies only if it is necessary to treat the offence as having been committed there for the purpose of conferring jurisdiction on any court to entertain proceedings for the offence. In this paragraph— This paragraph is subject to any provision made in nuclear regulations by virtue of section 74(5)(b) (treatment of offences as having been committed at a specified place).
A person (“A”) is guilty of an offence if— and A is liable to be proceeded against and dealt with accordingly. For this purpose it does not matter whether or not proceedings are taken against B. A person (“A”) is guilty of an offence if— and A is liable to be proceeded against and dealt with accordingly. This paragraph is subject to any provision made in nuclear regulations.
Proceedings for an offence in England and Wales may be instituted only—
by the ONR or an inspector, or
by, or with the consent of, the Director of Public Prosecutions.
This paragraph applies where a requirement is imposed by a relevant provision for an entry to be made in any register or other record. If the entry is made, it is— against the person by or on whose behalf the entry is made. If the entry is not made, and the requirement relates to making the entry in respect of observance with a relevant provision, the fact that the entry is not made—
A staff transfer scheme may make provision for giving full effect to an employee’s transfer into the employment of the ONR as a result of the scheme. Provision made by virtue of sub-paragraph (1) may include provision—
A staff transfer scheme may apply to all, or to any specified class or description of, the employees falling within paragraph 3(2) or to specified employees so falling. “Specified” means specified in the scheme.
A staff transfer scheme may make provision enabling an employee to object to the transfer which would otherwise be effected by the scheme including provision as to how such an objection is to be made and as to the consequences of it. A staff transfer scheme may make provision allowing an employee to be treated as being temporarily assigned to the ONR for a period limited by the scheme, whether at the employee’s election or in the exercise of a discretion conferred on the Secretary of State by the scheme. Provision made by virtue of sub-paragraph (2) may include provision—
“defence purposes” means the purposes of the department of the Secretary of State with responsibility for defence;
It is the duty of the appropriate national authority to make arrangements for monitoring compliance with, and enforcement of, the emissions limit duty.
The appropriate national authority may by regulations make any provision mentioned in Schedule 5 (monitoring compliance with, and enforcement of, the emissions limit duty).
The arrangements under subsection (1) must include arrangements for giving effect to directions under section 59 (and, in particular, for compliance by enforcing authorities with any requirements imposed on them under subsection (10) of that section).
In this section (and Schedule 5), the “appropriate national authority” means—
in relation to England, the Secretary of State;
in relation to Scotland, the Scottish Ministers;
in relation to Wales, the Welsh Ministers;
in relation to Northern Ireland, the Department of Environment.
Subsection (4) is subject to paragraph 5 of Schedule 5 (which provides for the Secretary of State to make certain provision for Scotland, Wales and Northern Ireland).
In this Chapter—
For the purposes of this Chapter, a generating station exports to a network when it is generating any electricity that is conveyed from it by means of a transmission system or is distributed by means of a distribution system.
Any regulations made by the Secretary of State or the Welsh Ministers under this Chapter must be made by statutory instrument.
Any power to make regulations under this Chapter that is exercisable by the Department of Environment is to be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
An instrument containing— may not be made unless a draft has been laid before and approved by a resolution of each House of Parliament.
regulations under section 57 (whether or not also containing regulations by the Secretary of State under section 60), or
regulations by the Secretary of State under section 60 which amend or repeal any provision of primary legislation,
Any other instrument containing regulations made by the Secretary of State under section 60 is subject to annulment in pursuance of a resolution of either House of Parliament.
If, but for this subsection, an instrument containing regulations by the Secretary of State under this Chapter would be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.
Regulations by the Scottish Ministers under section 60 are—
if they amend or repeal any provision of primary legislation, subject to the affirmative procedure;
otherwise, subject to the negative procedure.
An instrument containing regulations by the Welsh Ministers under section 60—
may not be made if the regulations amend or repeal any provision of primary legislation unless a draft has been laid before, and approved by a resolution of, the National Assembly for Wales;
otherwise, is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
Statutory rules containing regulations by the Department of Environment under section 60 are—
if the regulations amend or repeal any provision of primary legislation, subject to affirmative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954), and
otherwise, subject to negative resolution (within the meaning of section 41(4) of that Act).
Any regulations under this Chapter may—
include incidental, supplementary and consequential provision;
make transitory or transitional provision or savings;
make different provision for different cases or circumstances or for different purposes;
make provision subject to exceptions.
Regulations under section 57 that apply in relation to Northern Ireland may be made only with the consent of the Department of Enterprise, Trade and Investment.
Before making any regulations under section 57 or 60, the Secretary of State must consult—
in the case of regulations under section 57 that will apply in relation to Scotland or Wales, the Scottish Ministers or the Welsh Ministers, respectively, and
in any case, such persons (or such other persons) as the Secretary of State considers it appropriate to consult.
Before making any regulations under section 60, the Scottish Ministers or the Welsh Ministers must consult such persons as they think appropriate.
Subsections (11) and (12) may be satisfied by consultation before, as well as after, the passing of this Act.
The Secretary of State may include in regulations under section 6 or 27, or under paragraph 6 of Schedule 2, provision that— is not liable in damages for anything done or omitted in the exercise or purported exercise of a relevant function specified in the regulations.
the national system operator,
any director of the national system operator, or
any employee, officer or agent of the national system operator,
A relevant function is a function conferred by or by virtue of Chapter 2, 3 or 4.
Provision made by virtue of subsection (1) may not exempt a person from liability for an act or omission which—
is shown to be in bad faith;
is unlawful by virtue of section 6(1) of the Human Rights Act 1998 (public authorities not to act incompatibly with convention rights);
is a breach of a duty owed by virtue of section 27(4) of EA 1989 (compliance with final or provisional order under that Act).
Whenever— the Secretary of State must publish a statement of the reasons why no such provision is in force.
the Secretary of State makes or revokes regulations of a kind mentioned in subsection (1) or exercises a modification power under section 26 or 37 or paragraph 19 of Schedule 2, and
provision is not in force under subsection (1) in respect of a relevant function,
In this section “national system operator” means the person designated as the Independent System Operator and Planner under section 162 of the Energy Act 2023.
This section applies in relation to a power to make modifications conferred by—
section 26, 37, 45, 49 or 50, or
paragraph 19 of Schedule 2.
Before making modifications under a power to which this section applies (“a relevant power”) the Secretary of State must lay a draft of the modifications before Parliament.
If, within the 40-day period, either House of Parliament resolves not to approve the draft, the Secretary of State may not take any further steps in relation to the proposed modifications.
If no such resolution is made within that period, the Secretary of State may make the modifications in the form of the draft.
Subsection (3) does not prevent a new draft of proposed modifications being laid before Parliament.
In this section “40-day period”, in relation to a draft of proposed modifications, means the period of 40 days beginning with the day on which the draft is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the 2 days on which it is laid).
For the purposes of calculating the 40-day period, no account is to be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.
A relevant power—
may be exercised generally, only in relation to specified cases or subject to exceptions (including provision for a case to be excepted only so long as specified conditions are satisfied);
may be exercised differently in different cases or circumstances;
includes a power to make incidental, supplementary, consequential or transitional modifications.
Provision included in a licence, or in a document or agreement relating to licences, by virtue of a relevant power—
may make different provision for different cases;
need not relate to the activities authorised by the licence;
may do any of the things authorised for licences of that type by section 7(2A), (3), (4) or (6A) of EA 1989.
The Secretary of State must publish details of any modifications made under a relevant power as soon as reasonably practicable after they are made.
If under a relevant power the Secretary of State makes modifications of the standard conditions of a licence, the Authority must—
make the same modification of those standard conditions for the purposes of their incorporation in licences of that type granted after that time, and
publish the modification.
A modification made under a relevant power 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 EA 1989.
The power conferred by a relevant power to “modify” (in relation to licence conditions or a document) includes a power to amend, add to or remove, and references to modifications are to be construed accordingly.
In section 3A of EA 1989 (principal objective and general duties), in subsection (2)(b) for “or sections 26 to 29 of the Energy Act 2010” substitute “ , sections 26 to 29 of the Energy Act 2010 or Part 2 of the Energy Act 2013 ”.
In section 33(1) of the Utilities Act 2000 (standard conditions of electricity licences)—
after paragraph (e) omit “or”;
after paragraph (f) insertor .
In section 137(3) of the Energy Act 2004 (standard conditions of transmission licences)—
after paragraph (d) omit “or”;
after paragraph (e) insert, or .
In section 146(5) of the Energy Act 2004 (standard conditions for electricity interconnectors), for “or under section 98 of the Energy Act 2011” substitute “ , under section 98 of the Energy Act 2011 or under section 37 or 45 of the Energy Act 2013. ”.
As soon as reasonably practicable after the end of the period of 5 years beginning with the day on which this Act is passed, the Secretary of State must carry out a review of the provisions of the following Chapters of this Part—
Chapter 2 (contracts for difference);
Chapter 3 (capacity market);
Chapter 5 (conflicts of interest and contingency arrangements);
Chapter 6 (access to markets);
Chapter 7 (the renewables obligation: transitional arrangements);
Chapter 8 (emissions performance standard).
The Secretary of State must set out the conclusions of the review in a report.
The report must, in particular—
set out the objectives of the provisions of each Chapter subject to review,
assess the extent to which those objectives have been achieved, and
assess whether those objectives remain appropriate and, if so, the extent to which those objectives could be achieved in a way that imposes less regulation.
The Secretary of State must lay the report before Parliament.
In this Part, “the ONR's purposes” means—
the nuclear safety purposes (see section 68),
the nuclear site health and safety purposes (see section 69),
the nuclear security purposes (see section 70),
the nuclear safeguards purposes (see section 72), and
the transport purposes (see section 73).
In this Part, the “nuclear safety purposes” means the purposes of protecting persons against risks of harm from ionising radiations from GB nuclear sites, including through—
the design and construction of relevant nuclear installations and their associated sites,
arrangements for the operation and decommissioning of, and other processes connected with, relevant nuclear installations,
arrangements for the storage and use of nuclear matter on GB nuclear sites, and
arrangements to minimise those risks in the event of an escape or release of such ionising radiations.
For this purpose, ionising radiations from GB nuclear sites are ionising radiations from— and an escape or release of ionising radiations from a GB nuclear site includes ionising radiations from nuclear matter that has escaped or been released on or from a GB nuclear site.
relevant nuclear installations, or
nuclear matter stored or used on a GB nuclear site;
In this section—
“alternative delivery body” and “EMR functions” have the same meaning as in section 46;
An authorised inspector may require any person who the inspector has reasonable cause to believe is able to give any information relevant to any examination or investigation under paragraph 13— Where a person required to answer questions under this paragraph has nominated another person to be present, the person may not be required to answer questions except in the presence of the nominated person (if any). When exercising the power in this paragraph, an inspector may allow another person to be present (in addition to the nominated person (if any)). No answer given by a person by virtue of this paragraph is admissible in evidence against the person, or the person’s spouse or civil partner, in any proceedings.
In Part 3 of Schedule 1 to the Civil Contingencies Act 2004 (category 2 responders: general), after paragraph 29A insert—
The Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541) is amended as follows.
Section 57 of the Road Safety Act 2006 (which amends section 2 of the Radioactive Material (Road Transport) Act 1991) is repealed.
The Energy Act 2008 is amended as follows.
In section 58(6) of the Health and Social Care Act 2012 (radiation protection functions), after paragraph (b) insert—.
An authorised inspector may— For this purpose— In the case of a relevant document that consists of information held in electronic form, the inspector may—
Article 25 (enforcing authorities) is amended as follows. That Article becomes paragraph (1) and is amended as follows. In paragraph (b)— After that paragraph insert—. In paragraph (e)— After Article 25(1) insert—
In section 46 (approval of a funded decommissioning programme), in subsection (6), for paragraph (a) substitute—.
In Article 26 (enforcement of Order), in paragraph (3), after “Health and Safety Executive” (in both places) insert “, Office for Nuclear Regulation”.
In section 50 (power to disapply section 49), in subsection (2), for paragraph (a) substitute—.
In section 54 (nuclear decommissioning: regulations and guidance), in subsection (8), for paragraph (a) substitute—.
In section 59 (offence of further disclosure of information), in subsection (2)(c)—
for “the Health and Safety Executive” substitute “the Office for Nuclear Regulation”;
for “the Executive” substitute “the Office for Nuclear Regulation”.
In section 63 (co-operation with other public bodies), in subsection (2), for paragraph (a) substitute—.
In the definition of “relevant nuclear installation” in subsection (3), the reference to a site in England, Wales or Scotland includes a site situated wholly or partly in or under the territorial sea adjacent to them.
In this Part, the “nuclear site health and safety purposes” means so much of the general purposes of Part 1 of the 1974 Act as consists of the following purposes—
securing the health, safety and welfare of persons at work on GB nuclear sites;
protecting persons, other than persons at work on GB nuclear sites, against risks to health or safety arising out of or in connection with the activities of persons at work on GB nuclear sites;
controlling the storage and use on GB nuclear sites of dangerous substances and generally preventing the unlawful acquisition, possession and use of such substances on or from such sites.
In this section—
“dangerous substances” means radioactive, explosive, highly flammable or otherwise dangerous substances, other than nuclear matter;
“GB nuclear site” and “nuclear matter” have the same meanings as in section 68.
Section 1(3) of the 1974 Act (interpretation of references to risks relating to persons at work) applies for the purposes of this section as it applies for the purposes of Part 1 of the 1974 Act.
In this Part, the “nuclear security purposes” means the purposes of ensuring the security of—
civil nuclear premises;
nuclear material used or stored on civil nuclear premises and equipment or software used or stored on such premises in connection with activities involving nuclear material;
other radioactive material used or stored on civil nuclear sites and equipment or software used or stored on civil nuclear sites in connection with activities involving such other radioactive material;
civil nuclear construction sites and equipment used or stored on civil nuclear construction sites;
equipment or software in the United Kingdom which—
is capable of being used in, or in connection with, the enrichment of uranium, and
is in the possession or control of a person involved in uranium enrichment activities;
sensitive nuclear information which is in the United Kingdom in the possession or control of—
a person who is involved in activities on or in relation to civil nuclear premises or who is proposing or likely to become so involved;
a person involved in uranium enrichment activities; or
a person who is storing, transporting or transmitting the information for or on behalf of a person falling within sub-paragraph (i) or (ii);
nuclear material which is being (or is expected to be)— other than material being (or expected to be) so transported or carried for defence purposes;
transported within the United Kingdom or its territorial sea,
transported (outside the United Kingdom and its territorial sea) to or from any civil nuclear premises in the United Kingdom, or
carried on board a United Kingdom ship,
information relating to the security of anything mentioned in paragraphs (a) to (g).
For the purposes of subsection (1), ensuring the security of any site or premises includes doing so by means of the design of, or of anything on, the site or premises.
In this section—
This section applies where the Secretary of State considers that information of any description relating to activities carried out on or in relation to civil nuclear premises is information which needs to be protected in the interests of national security.
The Secretary of State may give a notice to the ONR under this section specifying that description of information.
The Secretary of State may vary or revoke any notice given under this section by giving a further notice to the ONR.
Before giving a notice under this section, the Secretary of State must consult the ONR.
In this section “civil nuclear premises” has the same meaning as in section 70.
In this Part, the “nuclear safeguards purposes” means the purposes of—
In this Part, the “nuclear safeguards purposes” means the purposes of—
ensuring compliance by the United Kingdom or, as the case may be, enabling or facilitating compliance by a Minister of the Crown, with the safeguards obligations, and
the development of any future safeguards obligations.
ensuring compliance with nuclear safeguards regulations (see section 76A),
In subsection (1)(a) “the safeguards obligations” has the meaning given by section 93.
ensuring compliance by the United Kingdom or, as the case may be, enabling or facilitating compliance by a Minister of the Crown, with a relevant international agreement, and
the development of any future obligations relating to nuclear safeguards.
In this Part, the “transport purposes” means the purposes of—
protecting against risks relating to the civil transport of radioactive material in Great Britain by road, rail or inland waterway which arise out of, or in connection with, the radioactive nature of the material, and
ensuring the security of radioactive material during civil transport in Great Britain by road, rail or inland waterway.
For this purpose—
“civil transport” means transport otherwise than for the purposes of the department of the Secretary of State with responsibility for defence;
“radioactive material”—
in relation to transport by road, has the same meaning as in ADR,
in relation to transport by rail, has the same meaning as in RID, and
in relation to transport by inland waterway, has the same meaning as in ADN;
the transport of material begins with any preparatory process (such as packaging) and continues until the material has been unloaded at its destination.
In subsection (2)(b)— and any reference to, or to an appendix to, an Agreement, a Convention or a Treaty, or to an annex to any of them, is to it as it has effect for the time being.
The Secretary of State may by regulations modify the definition of “radioactive material”.
The Secretary of State may make regulations (to be known as “nuclear regulations”) for any of the following purposes—
the nuclear safety purposes;
the nuclear security purposes;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the transport purposes.
Schedule 6 (which gives examples of particular kinds of provision that may be made by nuclear regulations) has effect.
Nuclear regulations may—
confer functions on the ONR;
create powers which inspectors may be authorised to exercise by their instruments of appointment under paragraph 2 of Schedule 8;
create offences (as to which see section 75);
modify—
any of the provisions of the Nuclear Installations Act 1965 that are relevant statutory provisions;
any provision of the Nuclear Safeguards Act 2000;
provide for exemptions (including conditional exemptions) from any prohibition or requirement imposed by or under any of the relevant statutory provisions;
provide for defences in relation to offences under any of the relevant statutory provisions;
provide for references in the regulations to any specified document to operate as references to that document as revised or re-issued from time to time.
Provision that may be included by virtue of subsection (3)(a) includes, in particular,—
provision requiring compliance with directions by the ONR;
provision conferring power for the ONR to authorise other persons to exercise functions relating to the grant of exemptions of a kind mentioned in subsection (3)(e).
Nuclear regulations may make provision—
applying to acts done outside the United Kingdom by United Kingdom persons;
for enabling offences under any of the relevant statutory provisions to be treated as having been committed at any specified place for the purpose of conferring jurisdiction on any court in relation to any such offence.
In subsection (5) “United Kingdom person” means—
an individual who is—
a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,
a person who under the British Nationality Act 1981 is a British subject, or
a British protected person within the meaning of that Act,
a Scottish partnership, or
a body incorporated under the law of any part of the United Kingdom.
Before making nuclear regulations, the Secretary of State must consult—
the ONR,
if the regulations would modify any provision of health and safety regulations (within the meaning of Part 1 of the 1974 Act), the Health and Safety Executive, and
such other persons (if any) as the Secretary of State considers it appropriate to consult.
Subsection (7)(a) does not apply if the regulations give effect, without modification, to proposals submitted by the ONR under section 81(1)(a)(i).
Nuclear regulations which include any provisions to which ... subsection (10) applies must identify those provisions as such.
This subsection applies to any provisions of nuclear regulations which are made for— and for no other purpose.
the nuclear security purposes,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this section (and Schedule 6) “specified” means specified in nuclear regulations.
Nuclear regulations may provide for an offence under the regulations to be triable—
only summarily, or
either summarily or on indictment.
Nuclear regulations may provide for an offence under the regulations that is triable either way to be punishable—
on conviction on indictment—
with imprisonment for a term not exceeding the period specified, which may not exceed 2 years,
with a fine, or
with both,
on summary conviction—
with imprisonment for a term not exceeding the period specified,
with, in England and Wales, a fine or, in Scotland or Northern Ireland, a fine not exceeding the amount specified (which must not exceed £20,000), or
with both.
A period specified under subsection (2)(b)(i) may not exceed—
in relation to England and Wales—
6 months, in relation to offences committed before 2 May 2022,
the general limit in a magistrates’ court, in relation to offences committed after that date,
in relation to Scotland, 12 months,
in relation to Northern Ireland, 6 months.
Nuclear regulations may provide for a summary offence under the regulations to be punishable—
with imprisonment for a term not exceeding the period specified,
with—
in England and Wales, a fine (or a fine not exceeding an amount specified, which must not exceed level 4 on the standard scale), or
in Scotland or Northern Ireland, a fine not exceeding the amount specified, which must not exceed level 5 on the standard scale, or
with both.
A period specified under subsection (4)(a) may not exceed—
in relation to England and Wales—
6 months, in relation to offences committed before the date on which section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for summary offences) comes into force, or
51 weeks, in relation to offences committed after that date,
in relation to Scotland, 12 months,
in relation to Northern Ireland, 6 months.
In this section “specified” means specified in nuclear regulations.
Nuclear regulations may provide for breach of a relevant nuclear duty to be actionable (whether or not they also provide for it to be an offence).
Except so far as nuclear regulations provide, any such breach does not give rise to a claim for breach of statutory duty.
Nuclear regulations may provide for—
defences in relation to any action for breach of a relevant nuclear duty;
any term of an agreement which purports to exclude or restrict liability for breach of a relevant nuclear duty to be void.
For this purpose “relevant nuclear duty” means a duty imposed by—
nuclear regulations, or
any provision of, or made under, the Nuclear Installations Act 1965 that is a relevant statutory provision.
Nothing in this section affects any right of action or defence which otherwise exists or may be available.
There is to be a body corporate known as the Office for Nuclear Regulation.
In this Part that body is referred to as “the ONR”.
Schedule 7 makes further provision about the ONR.
The Secretary of State may by regulations (“nuclear safeguards regulations”) make provision for the purpose of—
ensuring that qualifying nuclear material, facilities or equipment are only available for use for civil activities (whether in the United Kingdom or elsewhere), or
giving effect to provisions of a relevant international agreement.
The regulations may, for example, make provision relating to—
record-keeping or accounting;
the provision or publication of information;
inspection or monitoring;
imports or exports;
the design of qualifying nuclear facilities or equipment;
the production, processing, use, handling, storage or disposal of qualifying nuclear material or equipment.
The following apply in relation to nuclear safeguards regulations as they apply in relation to nuclear regulations— section 74(3) to (5) (nuclear regulations), section 75 (offences), section 76 (civil liability), and paragraphs 2 to 16 of Schedule 6 (examples of provision that may be made by nuclear regulations).
Nothing in nuclear safeguards regulations applies in relation to anything done for defence purposes (within the meaning of section 70).
The provision that may be made by nuclear safeguards regulations by virtue of section 113(7) includes provision modifying assimilated law (within the meaning of the European Union (Withdrawal) Act 2018).
In this section—
The Secretary of State may by regulations specify fissionable material for the purposes of the definition of “qualifying nuclear material”.
Before making any regulations under this section, the Secretary of State must consult—
the ONR, and
such other persons (if any) as the Secretary of State considers it appropriate to consult.
Subsection (8)(a) does not apply if the regulations give effect, without modification, to proposals submitted by the ONR under section 81(1)(a)(ia).
The Secretary of State may by regulations authorise or require the ONR to make payments towards compliance costs.
“Compliance costs” means costs of complying with nuclear safeguards regulations or with specified provisions of nuclear safeguards regulations.
Regulations under subsection (1) may provide that payments are authorised or required to be made only in specified circumstances.
The ONR is responsible for determining the amounts of payments in accordance with any provision made by regulations under subsection (1).
In this section, “specified” means specified in regulations under subsection (1).
The ONR must do whatever it considers appropriate for the ONR's purposes.
That includes, so far as it considers appropriate, assisting and encouraging others to further those purposes.
The ONR may, in accordance with section 80—
issue codes of practice giving practical guidance as to the requirements of any provision of the relevant statutory provisions;
revise or withdraw a code of practice issued under this section.
A code of practice (including a revised code) must specify the relevant statutory provisions to which it relates.
References in this Part to an approved code of practice are references to a code issued under this section as it has effect for the time being.
A person's failure to observe any provision of an approved code of practice does not of itself make the person liable to any civil or criminal proceedings.
But subsections (6) to (8) apply to any proceedings for an offence where—
the offence consists of failing to comply with any requirement or prohibition imposed by or under any of the relevant statutory provisions, and
at the time of the alleged failure, there was an approved code of practice relating to the provision.
Any provision of the code of practice which appears to the court to be relevant to the alleged offence is admissible in evidence in the proceedings.
Where— that matter is to be taken as proved unless the defendant proves that the requirement or prohibition was complied with in some other way.
in order to establish that the defendant failed to comply with the requirement or prohibition, the prosecution must prove any matter,
the court is satisfied that a provision of the code of practice is relevant to that matter, and
the prosecution prove that, at a material time, the defendant failed to observe that provision of the code of practice,
A document purporting to be an approved code of practice is to be taken to be such an approved code unless the contrary is proved.
The ONR may—
issue or revise a code of practice under section 79 only in accordance with subsection (8);
withdraw a code of practice under that section only in accordance with subsection (11).
Before issuing, or revising or withdrawing, a code of practice, the ONR must submit a proposal to the Secretary of State.
Before submitting a proposal to the Secretary of State the ONR must consult— about the proposal.
any government department or other person that the Secretary of State has directed the ONR to consult, and
any other government department or other person that the ONR considers it appropriate to consult,
A direction under subsection (3)(a) may be general or may relate to a particular code, or codes of a particular kind.
A proposal for issuing or revising a code of practice must include a draft code of practice or, as the case may be, proposed revisions of a code of practice.
Where the ONR submits a proposal for issuing or revising a code of practice to the Secretary of State, the Secretary of State may approve the draft code of practice, or proposed revisions, as the case may be—
without modification, or
with the consent of the ONR, with modifications.
If the Secretary of State approves the draft code or proposed revisions, the Secretary of State must lay before Parliament the draft code or proposed revisions in the form approved.
Where— the ONR may issue the code in the form of the draft laid before Parliament or, as the case may be, make the proposed revisions in the form so laid.
the Secretary of State has laid a draft code or proposed revisions of a code before Parliament, and
no negative resolution is made within the 40-day period,
For the purpose of subsection (8)—
a “negative resolution”, in relation to a draft code or proposed revisions, means a resolution of either House of Parliament not to approve the draft code or proposed revisions;
the “40-day period”, in relation to a draft of a code or proposed revisions, means the period of 40 days beginning with the day on which the draft is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the 2 days on which it is laid).
For the purposes of calculating the 40-day period, no account is to be taken of any period during which—
Parliament is dissolved or prorogued, or
both Houses are adjourned for more than 4 days.
Where— it may withdraw the code.
the ONR submits to the Secretary of State a proposal for the withdrawal of a code of practice, and
the Secretary of State approves the proposal,
The ONR must—
publish any code of practice issued under section 79;
when it revises such a code, publish—
a notice to that effect, and
a copy of the revised code;
when it withdraws such a code, publish a notice to that effect.
The ONR may from time to time—
submit proposals to the Secretary of State for—
nuclear regulations,
regulations under section 85,
regulations under section 76A (nuclear safeguards regulations etc),
regulations under section 101,
health and safety fees regulations, or
orders or regulations under a relevant enactment;
regulations under section 112(1B) (definition of “relevant international agreement”),
submit proposals to the Health and Safety Executive for relevant health and safety regulations.
In this section—
Before submitting any such proposal, the ONR must consult—
any government department or other person that the Secretary of State has directed the ONR to consult, and
any other government department or other person that the ONR considers it appropriate to consult.
A direction under subsection (3)(a) may be general or may relate to a particular proposal, or to proposals of a particular kind.
The ONR must make adequate arrangements for the enforcement of the relevant statutory provisions.
In this Part, “relevant statutory provisions” means—
the provisions of this Part, nuclear regulations and nuclear safeguards regulations;
the provisions made by or under the following sections of the Nuclear Installations Act 1965, so far as they have effect in England and Wales or Scotland— section 1; sections 3 to 5; section 6, so far as it relates to sites in respect of which nuclear site licences have been granted; section 22; section 24A; and
the provisions of the Nuclear Safeguards Act 2000.
Schedule 8 (appointment and powers of inspectors) has effect.
The ONR may—
investigate and make a report (“a special report”) on any relevant matter, or
authorise another person to do so.
The ONR may publish or arrange for the publication of—
a special report, or
so much of a special report as the ONR considers appropriate.
In this section “relevant matter” means any accident, occurrence, situation or other matter which the ONR considers it necessary or desirable to investigate—
for any of the ONR's purposes, or
with a view to the making of—
nuclear regulations,
regulations under section 15 of the 1974 Act (health and safety regulations) so far as they can be made for the nuclear site health and safety purposes.
regulations under section 76A (nuclear safeguards regulations etc),
regulations under section 112(1B) (definition of “relevant international agreement”), or
The ONR may pay such remuneration, expenses and allowances as it may determine to a person who—
is not a member or member of staff of the ONR, and
investigates a relevant matter or makes a special report under subsection (1), or assists in doing so.
The ONR may make such payments as it may determine to meet the other costs (if any) of an investigation or special report under subsection (1).
The ONR must consult the Office of Rail and Road before taking any step under subsection (1) in relation to a matter which appears to the ONR to be, or likely to be, relevant to the railway safety purposes (within the meaning given in paragraph 1 of Schedule 3 to the Railways Act 2005).
Subsection (2) is subject to section 94.
The ONR may, with the consent of the Secretary of State, direct an inquiry to be held into any matter if it considers the inquiry necessary or desirable for any of the ONR's purposes.
In this Part “ONR inquiry” means an inquiry under this section.
An ONR inquiry must be held in accordance with regulations made by the Secretary of State.
Except as provided by the regulations—
an ONR inquiry is to be held in public; and
any report made by the person holding an ONR inquiry is to be published.
The regulations may in particular make provision—
conferring on the person holding an ONR inquiry and any person assisting that person—
powers of entry and inspection;
powers of summoning witnesses to give evidence or produce documents;
power to take evidence on oath and to administer oaths;
power to require the making of declarations;
as to circumstances in which—
an ONR inquiry or any part of it is to be held in private;
any report, or part of a report, made by the person holding an ONR inquiry is not to be published;
conferring functions on the ONR or the Secretary of State;
creating summary offences.
An offence under the regulations may be made punishable with—
in England and Wales, a fine (or a fine not exceeding an amount specified, which must not exceed level 4 on the standard scale), or
in Scotland or Northern Ireland, a fine not exceeding the amount specified, which must not exceed level 5 on the standard scale.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the ONR directs an ONR inquiry to be held into a matter arising in Scotland, and
the matter in question causes the death of a person.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The ONR may pay such remuneration, expenses and allowances as it may determine to—
a person holding an ONR inquiry;
any assessor appointed to assist a person holding an ONR inquiry.
The ONR may pay to persons attending an ONR inquiry as witnesses such expenses as it may determine.
The ONR may make such payments as it may determine to meet the other costs (if any) of an ONR inquiry.
The ONR may require such person or persons to make such payments to it as it considers appropriate in connection with an ONR inquiry.
The aggregate of the payments required under subsection (4) must not exceed the ONR's costs that are attributable to the ONR inquiry.
No payment may be required under subsection (4) except with the consent of the Secretary of State.
The ONR must make such arrangements as it considers appropriate for providing information that it holds that is relevant to the ONR's purposes.
Arrangements that may be made under subsection (1) are arrangements of any description, including arrangements—
for providing information to any person or category of persons (whether or not concerned with matters relevant to the ONR's purposes);
for providing information on request or on the ONR's initiative;
for providing only such information as the ONR considers appropriate.
This section is subject to section 94.
The ONR—
may carry out research in connection with the ONR's purposes, or arrange for such research to be carried out on its behalf, and
must, if it considers it appropriate to do so, publish the results of any such research or arrange for them to be published.
The ONR may make payments for research to be carried out in connection with the ONR's purposes and for the dissemination of information derived from such research.
The ONR may provide, or make arrangements for the provision of, training to any person in connection with the ONR's purposes.
Arrangements under subsection (3) may include provision for payments to be made to the ONR by or on behalf of—
other parties to the arrangements,
persons to whom the training is provided.
The ONR must, on request, provide a relevant authority with relevant information or relevant advice.
Relevant information is information about the ONR's activities which is requested—
in the case of information requested by a Minister of the Crown—
for the purpose of monitoring the ONR's performance of its functions, or
for the purpose of any proceedings in Parliament,
in any case, in connection with any matter with which the relevant authority requesting it is concerned.
The reference in subsection (2) to the ONR's activities includes a reference to—
the activities of inspectors appointed by the ONR under— in their capacity as such inspectors, and
Schedule 8,
section 19 of the 1974 Act, or
Article 26 of the Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541),
the activities of enforcing officers appointed by the ONR under section 61(3) of the Fire (Scotland) Act 2005 (asp. 5) in their capacity as such enforcing officers.
Relevant advice is advice on a matter with which the relevant authority requesting it is concerned where the matter—
is relevant to the ONR's purposes, or
is one on which expert advice is obtainable from any member or member of staff of the ONR.
The ONR may require a relevant authority to whom information or advice is provided under subsection (1) to pay a fee in respect of the ONR's costs reasonably incurred in providing the authority with—
relevant information requested under subsection (2)(b), or
relevant advice.
The Secretary of State may by regulations provide that subsection (5) is not to apply in particular cases or classes of case or in particular circumstances.
The duty under subsection (1) is in addition to any other duty or power of the ONR to provide information or advice.
In this section “relevant authority” means any of the following—
a Minister of the Crown;
the Scottish Ministers;
the Welsh Ministers;
a Northern Ireland Department;
the Health and Safety Executive;
the Health and Safety Executive for Northern Ireland;
the Civil Aviation Authority;
the Office of Rail and Road.
a person appointed by regulations under section 16 of the Space Industry Act 2018.
If the condition in subsection (2) is met, the ONR may enter into an agreement with a Minister of the Crown, a government department or a public authority for the ONR to perform any function exercisable by the Minister, department or authority.
The condition is that—
the function is—
a function of the Health and Safety Executive of investigating or making a special report under section 14 of the 1974 Act, or
a function of the Office of Rail and Road of investigating or making a special report under paragraph 4 of Schedule 3 to the Railways Act 2005, or
the Secretary of State considers that the function in question can appropriately be performed by the ONR.
The functions to which an agreement under subsection (1) may relate—
in the case of an agreement with a Minister of the Crown, include a function not conferred by an enactment;
do not include any power to make regulations or other instruments of a legislative character.
An agreement under subsection (1) may provide for functions to be performed with or without payment.
The ONR may provide services or facilities, with or without payment, otherwise than for the ONR's purposes, to a government department or public authority in connection with the exercise of that department's or authority's functions.
The ONR may provide services and facilities for the ONR's purposes to any person.
The ONR may, with the consent of the Secretary of State, provide any relevant services to any person, whether or not in the United Kingdom.
In subsection (2), “relevant services” means services which—
are not relevant to the ONR's purposes, but
are in a field in which any member or member of staff of the ONR has particular expertise.
The Secretary of State may give consent for the purposes of subsection (2)—
in relation to particular arrangements for the provision of services, or
generally in relation to such arrangements of a particular description.
Arrangements for the provision of services to a person under subsection (2) are to be on such terms as to payment as that person and the ONR may agree.
The Secretary of State may give the ONR a direction as to the exercise by it of—
its functions generally, or
any of its functions specifically.
A direction given by the Secretary of State under subsection (1)—
may modify a function of the ONR, but
must not confer functions on the ONR (other than a function of which it was deprived by a previous direction given under this section).
The Secretary of State may give the ONR such directions as appear to the Secretary of State to be necessary or desirable in the interests of national security.
A direction given by the Secretary of State under subsection (3) may—
modify a function of the ONR,
confer a function on the ONR.
A direction under subsection (1) or (3) must not be given in relation to the exercise of a regulatory function in a particular case.
If the Secretary of State is satisfied that there are exceptional circumstances relating to national security which justify giving a direction under this subsection, the Secretary of State may give the ONR a direction as to the exercise by the ONR of a regulatory function in a particular case.
A direction given under subsection (6) must be for the nuclear security purposes.
The Secretary of State must lay before Parliament a copy of any direction given under this section.
Subsection (8) does not apply to a direction under subsection (6) if the Secretary of State considers that publishing the direction would be contrary to the interests of national security; but, in that event, the Secretary of State must lay before Parliament a memorandum stating that such a direction has been given and the date on which it was given.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The ONR must do such things as it considers best calculated to secure compliance by the United Kingdom or, as the case may be, to enable or facilitate compliance by a Minister of the Crown, with the safeguards obligations.
For the purposes of this Part “the safeguards obligations” are— and any reference in paragraphs (a) to (c) to a treaty, agreement or protocol is to it as it has effect for the time being.
Articles 77 to 85 of the Treaty establishing the European Atomic Energy Community, signed at Rome on 25 March 1957,
the agreement made on 6 September 1976 between the United Kingdom, the European Atomic Energy Community and the International Atomic Energy Agency for the application of safeguards in the United Kingdom in connection with the Treaty on the Non-Proliferation of Nuclear Weapons,
the protocol signed at Vienna on 22 September 1998 additional to the agreement mentioned in paragraph (b), and
such other obligations, agreements or arrangements relating to nuclear safeguards as may be specified in a notice given to the ONR by the Secretary of State;
The Secretary of State may vary or revoke a notice given under subsection (2)(d) by giving a further notice to the ONR.
Before giving a notice under this section, the Secretary of State must consult the ONR.
The ONR must publish any notice given under this section.
Subsection (1) is not to be taken to affect the generality of section 78.
The ONR must not issue any communication to which this section applies except with the consent of the Secretary of State.
This section applies to— This is subject to subsection (3).
any— that the ONR considers concerns any matter to which any government policy on national security relates;
security guidance, or
statement of the ONR's nuclear security policy,
any other communication of a description that the Secretary of State has directed should be submitted to the Secretary of State before being issued.
This section does not apply to—
a code of practice issued under section 79;
the ONR's strategy or annual plan or a report under paragraph 24 of Schedule 7;
advice given in a particular case.
In this section—
a function of imposing conditions or requirements in relation to any material, premises or activity;
“CFD counterparty” and “national system operator” have the same meaning as in Chapter 2 of Part 2;
A scheme may make provision— Sub-paragraph (1)(b) does not apply to references in primary legislation or in subordinate legislation.
The Secretary of State may by regulations make further provision about or in connection with investment contracts. The provision which may be made by regulations includes, but is not limited to, the provision described in this Schedule. Regulations may— Regulations are to be made by statutory instrument. An instrument containing regulations of any of the following kinds may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament (in each case, whether or not the regulations also make any other provision)— Any other instrument containing regulations is subject to annulment in pursuance of a resolution of either House of Parliament. If, but for this sub-paragraph, an instrument containing regulations would be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.
Regulations may make provision for apportioning sums— in circumstances where the Secretary of State, an investment contract counterparty or a CFD counterparty is unable fully to meet liabilities under an investment contract or a CFD. Provision made by virtue of sub-paragraph (1) may include provision about the meaning of “unable fully to meet liabilities under an investment contract or a CFD”. In making provision by virtue of sub-paragraph (1) the Secretary of State must have regard to the principle that sums should be apportioned in proportion to the amounts which are owed. Regulations may make provision about the application of sums held by the Secretary of State, an investment contract counterparty or a CFD counterparty. Provision made by virtue of sub-paragraph (4) may include provision that sums are to be paid, or not to be paid, into the Consolidated Fund.
Regulations may include provision for requirements under the regulations to be enforceable— Provision made by virtue of sub-paragraph (1)(b) may be made in relation only to the enforcement of requirements imposed on the holder of a licence under Article 10(1)(c) of the Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1)).
The Secretary of State is not, by virtue of the exercise of a power conferred by or by virtue of this Schedule, to be regarded as—
a person occupying in relation to an investment contract counterparty or a CFD counterparty the position of director;
being a person in accordance with whose directions or instructions the directors of an investment contract counterparty or a CFD counterparty are accustomed to act;
exercising any function of management in an investment contract counterparty or a CFD counterparty;
a principal of an investment contract counterparty or a CFD counterparty.
In this Schedule—
The Nuclear Safeguards and Electricity (Finance) Act 1978 is amended as follows.
In section 145 of the Railways Act 1993 (general restrictions on disclosure of information), in subsection (2), after paragraph (e) insert—.
The Office for Nuclear Regulation.
The Office for Nuclear Regulation.
In section 2 (rights of International Atomic Energy Agency inspectors), in subsection (8) for “Secretary of State” substitute “Office for Nuclear Regulation”.
In section 3 (regulations for giving effect to certain provisions of Safeguards Agreement) —
after subsection (1) insert—;
after subsection (2) insert—
Regulating or prohibiting the import of things of specified descriptions into the United Kingdom. For this purpose “import” includes landing and unloading. Where an act or omission could constitute an offence— specifying the provision under which the offence is to be punished.
Requiring, in specified circumstances, the appointment (whether in a specified capacity or not) of persons to perform specified functions. Imposing duties or conferring powers on persons appointed (whether in pursuance of the regulations or not) to perform specified functions. Imposing requirements with respect to the qualifications or experience, or both, of persons—
Requiring any person, premises or thing to be registered—
in any specified circumstances, or
as a condition of doing any specified activity.
Subject to the following provisions of this Schedule, members of the ONR hold and vacate office in accordance with the terms of their respective appointments.
An authorised inspector may carry out any examination or investigation necessary for the relevant purpose and, in doing so, may— An authorised inspector may take and deal with samples of— The Secretary of State may by regulations make provision about—
and references
Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 is amended as follows. The Office for Nuclear Regulation. Member of staff of the Office for Nuclear Regulation (within the meaning of Part 3 of the Energy Act 2013).
In section 174 of the Water Act 1989 (general restrictions on disclosure of information), in subsection (2), after paragraph (g) insert—.
In section 206 of the Water Industry Act 1991 (restriction on disclosure of information), in subsection (3), after paragraph (g) insert—.
In Schedule 7 to the Government of Wales Act 2006 (subjects to which Acts of the Assembly may relate), in Part 1, in the exceptions to paragraph 4 (economic development), after “nuclear installations” insert “and the Office for Nuclear Regulation”.
In section 25 of the Corporate Manslaughter and Corporate Homicide Act 2007, in the definition of “health and safety legislation”, at the end insert “and provision dealing with health and safety matters contained in Part 3 of the Energy Act 2013 (nuclear regulation)”.
Requiring, in specified circumstances, specified matters to be notified in a specified manner to specified persons. Specifying any power, to be exercisable by any inspector who may be authorised to exercise it by the instrument of appointment, in specified circumstances to require persons to provide information about measures they propose to take in order to comply with any of the relevant statutory provisions.
The terms of a person’s appointment as an executive member are to be determined by the ONR. The terms of a person’s appointment as a non-executive member, other than an HSE member, are to be determined by the Secretary of State. The terms of a person’s appointment as an HSE member are to be determined by the Health and Safety Executive.
An authorised inspector may direct that any relevant premises, or any article or substance in them, must be left undisturbed for as long as reasonably necessary for the purposes of any examination or investigation necessary for the purpose of any of the relevant statutory provisions. A direction under sub-paragraph (1)—
Imposing requirements with respect to making and keeping of records and other documents, including plans and maps.
An executive member— A person who is— ceases to be a member of the ONR on ceasing to hold that appointment (unless the person was appointed as both Chief Nuclear Inspector and Chief Executive Officer and continues to hold one of those appointments). A non-executive member other than an HSE member— An HSE member—
The Secretary of State may by notice remove any non-executive member, other than an HSE member, from office. A notice may not be given under sub-paragraph (1) unless at least one of the conditions in sub-paragraph (3) or (4) is met. The conditions in this sub-paragraph are that the member— The conditions in this sub-paragraph are that the Secretary of State is satisfied that the member— The Health and Safety Executive may by notice remove an HSE member from office. The Health and Safety Executive must notify the ONR and the Secretary of State whenever an HSE member— In sub-paragraph (3) “debt relief order”, “debt relief restrictions order” and “interim debt relief restrictions order” mean the orders of those names made under—
is subject to a bankruptcy restrictions order or an interim bankruptcy restrictions order;
is subject to a debt relief restrictions order or an interim debt relief restrictions order;
has made an arrangement with his or her creditors, or has entered into a trust deed for creditors, or has made a composition contract with his or her creditors;
is subject to a disqualification order or a disqualification undertaking under the Company Directors Disqualification Act 1986 or equivalent legislation in Northern Ireland;
has been convicted of a criminal offence (but this does not apply in relation to any conviction which is a spent conviction for the purposes of the Rehabilitation of Offenders Act 1974 or the Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))).
The Secretary of State may give a direction under subsection (2)(b) in relation to a description of communication only if it appears to the Secretary of State—
that—
a communication of that description might contain security guidance or information about the ONR's nuclear security policy, or
the ONR's nuclear security policy might otherwise be relevant to such a communication, and
that such a communication might concern any matter to which any government policy on national security relates.
The Secretary of State may give the ONR a general consent in relation to the issue of a particular description of communication which would otherwise fall within subsection (2)(a).
If the Secretary of State has given such a general consent, the ONR need not seek the Secretary of State's particular consent in relation to the issue of a communication of that description unless directed by the Secretary of State to do so.
If the condition in subsection (2) is satisfied, the ONR may make arrangements with a government department or other person for that department or person to perform any of the ONR's functions, with or without payment.
That condition is that the Secretary of State considers that the function or functions in question can appropriately be performed by the government department or other person.
The Health and Safety Executive and the ONR must enter into and maintain arrangements with each other for securing co-operation and the exchange of information in connection with the carrying out of any of their functions.
The Health and Safety Executive and the ONR must—
review the arrangements from time to time, and
revise them when they consider it appropriate to do so.
The ONR may by notice require a person to provide information which the ONR needs for carrying out its functions. This is subject to subsection (4).
A notice may require information to be provided—
in a specified form or manner;
at a specified time;
in respect of a specified period.
In particular, a notice may require the person to whom it is given to make returns to the ONR containing information about matters specified in the notice at times or intervals so specified.
No notice may be given under this section which imposes a requirement which could be imposed by a notice served by the ONR under section 2 of the Nuclear Safeguards Act 2000 (information and records for purposes of the Additional Protocol).
It is an offence to refuse or fail to comply with a notice under this section.
A person who commits an offence under this section is liable—
on summary conviction, to—
in England and Wales, a fine, or
in Scotland or Northern Ireland, a fine not exceeding the statutory maximum, or
on conviction on indictment, to a fine.
The Commissioners for Her Majesty's Revenue and Customs may disclose information about imports to— for the purpose of facilitating the ONR, inspector or health and safety inspector to carry out any function.
the ONR,
an inspector, or
a health and safety inspector,
For this purpose, “information about imports” means information obtained or held by the Commissioners for the purposes of the exercise of their functions in relation to imports.
Information may be disclosed to the ONR, an inspector or a health and safety inspector under subsection (1) whether or not the disclosure of the information has been requested by or on behalf of the ONR, inspector or health and safety inspector.
An officer of Revenue and Customs may seize any imported article or substance and detain it for the purpose of facilitating the ONR or an inspector to carry out any function under the relevant statutory provisions.
It is an offence for a person intentionally to obstruct an officer of Revenue and Customs in the exercise of powers under subsection (1).
A person who commits an offence under subsection (2) is liable on summary conviction—
to imprisonment for a term not exceeding 51 weeks (in England and Wales), 12 months (in Scotland) or 6 months (in Northern Ireland),
to—
in England and Wales, a fine, or
in Scotland or Northern Ireland, a fine not exceeding level 5 on the standard scale, or
to both.
In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for summary offences), the reference in subsection (3)(a), as it has effect in England and Wales, to 51 weeks is to be read as a reference to 6 months.
Anything seized and detained under subsection (1)—
must not be detained for more than 2 working days, and
must be dealt with during the period of detention in such manner as the Commissioners for Her Majesty's Revenue and Customs may direct.
In subsection (5), the reference to 2 working days is a reference to the period of 48 hours beginning when the article or substance in question is seized but disregarding any time falling on a Saturday or Sunday, or on Good Friday or Christmas Day or on a day which is a bank holiday in the part of the United Kingdom where it is seized.
Schedule 9 (disclosure of information) has effect.
The Secretary of State may by regulations provide for fees to be payable for, or in connection with, the performance of any of the following functions (whenever conferred)—
any function of the ONR or an inspector under any of the relevant statutory provisions;
any function of the ONR under regulations under section 80 of the Anti-terrorism, Crime and Security Act 2001 (prohibition of disclosures of uranium enrichment technology);
any function of any other person under any of the relevant statutory provisions.
The amount of any fee under regulations under this section must be—
specified in the regulations, or
determined by or in accordance with the regulations.
Regulations under this section may provide for the amounts of fees to be different in different cases and, in particular, for fees in respect of the same function to be of different amounts in different circumstances.
Regulations under this section may not provide for a fee to be payable by anyone in the capacity of— an employee, a person seeking employment, a person training for employment, or a person seeking training for employment.
For the purposes of subsection (4)—
“employee” and “employment” have the same meanings as in Part 1 of the 1974 Act, and
an industrial rehabilitation course provided by virtue of the Employment and Training Act 1973 is to be treated as training for employment.
Before making regulations under subsection (1), the Secretary of State must consult—
the ONR, and
such other persons (if any) as the Secretary of State considers it appropriate to consult.
Subsection (6)(a) does not apply if the regulations give effect, without modification, to any proposals submitted by the ONR under section 81(1)(a)(iii).
Every employee, while at work, must co-operate with any person (whether or not the employer) on whom a requirement is imposed by or under any of the relevant statutory provisions so far as necessary to enable the requirement to be complied with.
Failure to comply with the duty in subsection (1) is an offence.
A person who commits an offence under subsection (2) is liable—
on summary conviction—
to imprisonment for a term not exceeding 12 months (in England and Wales or Scotland) or 6 months (in Northern Ireland),
to a fine (in England and Wales) or a fine not exceeding the statutory maximum (in Scotland or Northern Ireland), or
to both;
on conviction on indictment—
to imprisonment for a term not exceeding 2 years,
to a fine, or
to both.
In the application of this section in England and Wales, the reference in subsection (3)(a)(i) to 12 months is to be read as a reference to the general limit in a magistrates’ court (or to 6 months in relation to an offence committed before 2 May 2022).
In this section—
“employee” and “employer” have the same meanings as in Part 1 of the 1974 Act (see section 53(1) of that Act), ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
any provision of the Nuclear Safeguards Act 2000,
any provision of nuclear regulations which is identified under section 74(9) as having been made solely for the nuclear safeguards purposes.
It is an offence intentionally or recklessly to interfere with or misuse anything provided in the interests of health, safety or welfare in pursuance of any of the relevant statutory provisions.
A person who commits an offence under this section is liable—
on summary conviction—
to imprisonment for a term not exceeding 12 months (in England and Wales or Scotland) or 6 months (in Northern Ireland),
to a fine (in England and Wales) or a fine not exceeding £20,000 (in Scotland or Northern Ireland), or
to both;
on conviction on indictment—
to imprisonment for a term not exceeding 2 years,
to a fine, or
to both.
In the application of this section in England and Wales, the reference in subsection (2)(a)(i) to 12 months is to be read as a reference to the general limit in a magistrates’ court (or to 6 months in relation to an offence committed before 2 May 2022).
It is an offence for an employer to impose a charge, or allow a charge to be imposed, on an employee in respect of anything done or provided in pursuance of a specific requirement imposed by or under any of the relevant statutory provisions.
A person who commits an offence under this section is liable—
on summary conviction to—
in England and Wales, a fine, or
in Scotland or Northern Ireland, a fine not exceeding £20,000;
on conviction on indictment, to a fine.
In this section—
“employer” and “employee” have the same meanings as in Part 1 of the 1974 Act (see section 53(1) of that Act), ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
It is an offence for a person— in the circumstances mentioned in subsection (2).
to make a statement which the person knows to be false, or
recklessly to make a statement which is false,
Those circumstances are where the statement is made—
in purported compliance with any requirement to provide information imposed by or under any of the relevant statutory provisions, or
for the purposes of obtaining the issue of a document under any of the relevant statutory provisions (whether for the person making the statement or anyone else).
It is an offence for a person—
intentionally to make a false entry in a relevant document, or
with intent to deceive, to make use of any such entry which the person knows to be false.
In subsection (3) “relevant document” means any register, record, notice or other document which is required to be kept or given by or under any of the relevant statutory provisions.
It is an offence for a person, with intent to deceive—
to use a relevant document,
to make or have possession of a document so closely resembling a relevant document as to be calculated to deceive.
In subsection (5) “relevant document” means a document—
issued or authorised to be issued under any of the relevant statutory provisions, or
required for the purpose of any of those provisions.
A person who commits an offence under this section is liable—
on summary conviction—
to imprisonment for a term not exceeding 12 months (in England and Wales or Scotland) or 6 months (in Northern Ireland),
to a fine (in England and Wales) or a fine not exceeding £20,000 (in Scotland or Northern Ireland), or
to both;
on conviction on indictment—
to imprisonment for a term not exceeding 2 years,
to a fine, or
to both.
In the application of this section in England and Wales, the reference in subsection (7)(a)(i) to 12 months is to be read as a reference to the general limit in a magistrates’ court (or to 6 months in relation to an offence committed before 2 May 2022).
Schedule 10 (provision relating to offences under certain relevant statutory provisions) has effect.
That Schedule contains provision about the following matters—
the place where an offence involving plant or a substance may be treated as having been committed;
the extension of time for bringing summary proceedings in certain cases;
the continuation of offences;
where an offence committed by one person is due to the act or default of another person, the liability of that other person;
offences by bodies corporate or partnerships;
restrictions on the persons who may institute proceedings in England and Wales;
powers of inspectors to prosecute offences;
the burden of proof in certain cases relating to what is practicable or what are the best means for doing something;
reliance on entries in a register or other document as evidence;
power of the court to order a defendant to take remedial action.
Nothing in this Part affects the operation of section 12 of the Nuclear Installations Act 1965 (right to compensation by virtue of certain provisions of that Act).
As soon as reasonably practicable after the end of the financial year, the Secretary of State must make a report to each House of Parliament on the use of the Secretary of State's powers under this Part during the year.
The Secretary of State must lay a copy of any such report before Parliament.
In this section references to a notice are to a notice or other document that is required or authorised to be given to any person under a relevant provision.
A notice to the person must be in writing.
A notice may be given by—
delivering it to the person,
leaving it at the person's proper address,
sending it by post to the person at that address, or
in the case of a notice to be given to the owner or occupier of any premises (whether or not a body corporate), in accordance with subsection (9), (10) or (11).
A notice may—
in the case of a body corporate, be given in accordance with subsection (3) to a director, manager, secretary or other similar officer of the body corporate, and
in the case of a partnership, be given in accordance with subsection (3) to a partner or a person having the control or management of the partnership business or, in Scotland, the firm.
For the purposes of this section and section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this section, the “proper address” is—
in the case of a notice to be given to a body corporate or an officer of the body, the address of the registered or principal office of the body;
in the case of a notice to be given to a partnership, a partner or a person having the control or management of the partnership business, the address of the principal office of the partnership;
in any other case, the last known address of the person to whom the notice is to be given.
For the purposes of subsection (5), the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.
Subsection (8) applies if—
a person has specified an address in the United Kingdom as one at which the person, or someone on the person's behalf, will accept documents of the same description as a notice, and
the address so specified is not the person's proper address (as determined under subsection (5)).
The specified address is also to be treated as the person's proper address for the purposes of this section and section 7 of the Interpretation Act 1978 in its application to this section.
A notice that is to be given to the owner or occupier of any premises may be given by—
sending it by post to the person at those premises, or
addressing it by name to the person and delivering it to some responsible person who is or appears to be resident or employed at the premises.
If the name or address of an owner or occupier of premises cannot be ascertained after reasonable inquiry, a notice to the owner or occupier may be given by—
addressing it by the description “owner” or “occupier” of the premises to which the notice relates (and describing the premises), and
delivering it to some responsible person who is or appears to be resident or employed there.
If there is no person as mentioned in subsection (10)(b), then the notice may be given by fixing it, or a copy of it, to some conspicuous part of the premises.
This section is subject to provision made in regulations under this Part in respect of notices given under the regulations.
In this section— and references to giving a notice include similar expressions (such as serving or sending).
“functions” includes powers and duties;
The Secretary of State may make one or more schemes for the transfer of designated property, rights or liabilities of a person who has ceased to be a CFD counterparty (“the transferor”) to a person who is a CFD counterparty (“the transferee”). On the transfer date, the designated property, rights and liabilities are transferred and vest in accordance with the scheme. The rights and liabilities that may be transferred by a scheme include those arising under or in connection with a contract of employment. A certificate by the Secretary of State that anything specified in the certificate has vested in any person by virtue of a scheme is conclusive evidence for all purposes of that fact. In this Schedule—
The Secretary of State may make one or more schemes for the transfer of designated property, or designated rights or liabilities under an investment contract— If a scheme provides for a CFD counterparty to be the transferee, regulations may provide for the investment contract to be treated to any extent as a CFD for the purposes of provision made by or by virtue of Chapter 2 of Part 2 of this Act. Sub-paragraph (4) applies from the beginning of the first day on which all of the following three conditions are met, namely— The Secretary of State must in respect of each investment contract, within such period of time as the Secretary of State considers reasonable— But sub-paragraph (4) does not apply to the extent that the Secretary of State considers it appropriate in all the circumstances of the case to disapply it. On the transfer date, the designated property, rights and liabilities are transferred and vest in accordance with the scheme. The rights and liabilities that may be transferred by a scheme include those arising under or in connection with a contract of employment. A certificate by the Secretary of State that anything specified in the certificate has vested in any person by virtue of a scheme is conclusive evidence for all purposes of that fact. In this paragraph and paragraph 17—
Regulations under section 57(6)(b) may provide for the emissions limit duty to apply (with or without modifications) in relation to fossil fuel plant in cases where— Regulations made by virtue of this paragraph may, in particular, make different provision in relation to different parts of fossil fuel plant. For the purposes of sub-paragraph (1)(a), plant is to be treated as the subject of a relevant consent if, by virtue of a consent or approval granted before section 36 of EA 1989 or Article 39 of the Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1)) came into force, no relevant consent was required in respect of it.
Regulations under section 57(6)(b) may provide for the exemption in section 58 to apply with modifications in cases where the complete CCS system for the fossil fuel plant relates to only part of the generating station. For this purpose—
In this Schedule “enforcement regulations” means regulations under section 60.
An inspector may, if authorised, enter any premises which the inspector has reason to believe it is necessary for the inspector to enter for the relevant purpose— In relation to domestic premises, the power may be exercised only— A justice of the peace may issue a warrant under sub-paragraph (2)(a) only if satisfied, on the application of the inspector,— The reference to premises in sub-paragraph (1) includes any ship outside the United Kingdom or its territorial sea. For the purposes of this paragraph, “domestic premises” means premises used wholly or mainly as a private dwelling.
An authorised inspector may cause any article or substance in relevant premises— The inspector may exercise any of those powers only if it appears to the inspector— Before exercising a power in this paragraph, the inspector must consult anyone whom the inspector considers it appropriate to consult about the dangers (if any) of what is proposed. Anything done to the article or substance under this paragraph must not damage or destroy it unless in the circumstances that is unavoidable for the relevant purpose. If requested by a person who has responsibilities in relation to the relevant premises, and is on the premises, the inspector must allow anything done to the article or substance under this paragraph to be done in that person’s presence, unless the inspector considers that that would be prejudicial to national security.
Paragraph 2 does not prohibit the following disclosures of protected information— A person to whom information is disclosed by virtue of sub-paragraph (1)(a) must not use the information for a purpose other than a relevant purpose. For the purposes of this paragraph—
Paragraph 2 does not prohibit a disclosure of protected information for the purposes of—
any legal proceedings,
an ONR inquiry,
an inquiry under section 14(2A) of the 1974 Act which is relevant to the ONR’s purposes,
an investigation held by virtue of section 84,
any report of such proceedings, ONR inquiry or inquiry under section 14(2A) of the 1974 Act or any special report under section 84.
The Radioactive Material (Road Transport) Act 1991, apart from section 1(1), is repealed. In section 1(1) of that Act, for “In this Act” substitute “In this subsection (which applies for the purposes of section E5 of Part 2 of Schedule 5 to the Scotland Act 1998)”.
The Radioactive Substances Act 1993 is amended as follows.
Section 37 of the Deregulation and Contracting Out Act 1994 (power to repeal certain health and safety provisions) is amended as follows. In subsection (1), after paragraph (b) insert—. In subsection (2), after paragraph (ac) insert—. In subsection (7) for “or (b)” substitute “(b), (ba) or (bb)”. In subsection (9)(a), for “or (b)” substitute “(b), (ba) or (bb)”. After subsection (9) insert—
In Part 1 of Schedule 1 to the Regulation of Investigatory Powers Act 2000 (relevant authorities for the purposes of sections 28 and 29), after paragraph 20G insert—
The Energy Act 2004 is amended as follows.
A scheme may make provision— Sub-paragraph (1)(b) does not apply to references in primary legislation or in subordinate legislation.
An authorised inspector may take possession of any article or substance found on relevant premises and retain it for as long as necessary— The inspector may exercise that power only if it appears to the inspector— Before taking possession of any substance under this paragraph, the inspector must, if it is practicable,— An inspector who takes possession of any article or substance under this paragraph must— The notice must include sufficient information about the article or substance to identify it.
Paragraph 2 does not prohibit a disclosure of protected information which is made—
by an inspector, a health and safety inspector or an ONR inquiry official,
to a person who appears to the person making the disclosure to be likely to be a party to any civil proceedings arising out of any accident, occurrence, situation or other matter, and
in the form of a written statement of relevant facts observed by the person making the disclosure in the course of exercising a relevant power, a power under section 20 of the 1974 Act or an ONR inquiry power.
In section 16 (grant of authorisations), as it has effect in relation to Scotland, in subsection (4A)—
in the opening words, omit “in any part of Great Britain”;
in paragraph (a) for “Health and Safety Executive” substitute “Office for Nuclear Regulation”.
In section 14 (annual reports), in subsection (3)(g), after “with” insert “the Office for Nuclear Regulation,”.
A scheme may contain provision for the payment of compensation by the Secretary of State to any person whose interests are adversely affected by it.
Paragraph 2 does not prohibit a disclosure of protected information which is made— Section 18 of that Act (restriction on disclosure of information for overseas purposes) has effect in relation to a disclosure authorised by sub-paragraph (1) as it has effect in relation to a disclosure authorised by any of the provisions to which section 17 of that Act applies.
In section 17 (revocation and variation of authorisations), as it has effect in relation to Scotland, in subsection (2A)—
in the opening words omit “in any part of Great Britain”;
in paragraph (a) for “Health and Safety Executive” substitute “Office for Nuclear Regulation”.
Schedule 2 (procedural requirements applicable to NDA’s strategy) is amended as follows. In paragraph 4(2) (consultation by NDA), before paragraph (a) insert—. In paragraph 5(9) (approval of strategy), after paragraph (a) insert—.
Schedule 3 (procedural requirements applicable to NDA’s annual plans) is amended as follows. In paragraph 2(1) (consultation by NDA), before paragraph (a) insert—. In paragraph 3(8) (approval of annual plan), after paragraph (a) insert—.
This section applies where—
section 109 authorises the giving of a notice or other document by its delivery to a particular person (“the recipient”), and
the notice or other document is transmitted to the recipient—
by means of an electronic communications network, or
by other means but in a form that requires the use of apparatus by the recipient to render it intelligible.
The transmission has effect for the purposes of section 109 as a delivery of the notice or other document to the recipient, but only if the recipient has indicated to the person making the transmission (“the sender”) a willingness to receive the notice or other document in the form and manner used.
An indication to the sender for the purposes of subsection (2)—
must be given to the sender in such manner as the sender may require,
may be a general indication or an indication that is limited to notices or other documents of a particular description,
must state the address to be used,
must be accompanied by such other information as the sender requires for the making of the transmission, and
may be modified or withdrawn at any time by a notice given to the sender in such manner as the sender may require.
In this section “electronic communications network” has the same meaning as in the Communications Act 2003; and the reference to giving a notice is to be read in accordance with section 109.
Subject as follows, this Part, and regulations made under it, bind the Crown.
Part 2 of Schedule 8 (inspectors: improvement and prohibition notices) does not bind the Crown.
Any other provision of, or of regulations under, this Part under which a person may be prosecuted for an offence—
does not bind the Crown, but
applies to persons in the public service of the Crown as it applies to other persons.
So far as it applies to nuclear regulations, subsection (3) is subject to any provision made by those regulations.
For the purposes of this Part and regulations made under this Part, persons in the service of the Crown are to be treated as employees of the Crown (whether or not they would be so treated apart from this subsection).
The Secretary of State may, by order—
amend this section so as to provide for any provision made by or under this Part to apply to the Crown, or not to apply to the Crown, to any extent;
amend any provision of sections 68 to 73 so far as it affects the extent to which any of the ONR's purposes relates to the Crown or any of the purposes of the Crown.
Provision that may be made under subsection (6) includes in particular provision altering whether, or the extent to which, any of the ONR's purposes relates to—
sites or premises used or occupied by the Crown,
sites controlled or occupied to any extent for defence purposes (within the meaning of section 70), or
transport for those purposes.
Nothing in this section authorises proceedings to be brought against Her Majesty in her private capacity (within the meaning of the Crown Proceedings Act 1947).
In this Part—
The following apply for the purposes of this Part as they apply for the purposes of Part 1 of the 1974 Act—
section 52(1) of that Act (meaning of “work” and “at work”);
the power conferred by section 52(2)(a) of that Act to extend the meaning of “work” and “at work”.
Relevant international agreement” means an agreement (whether or not ratified) to which the United Kingdom is a party and which— and a reference in this Part to a relevant international agreement is to the agreement as it has effect for the time being.
relates to nuclear safeguards, and
is specified in regulations under subsection (1B),
The Secretary of State may by regulations specify agreements for the purposes of subsection (1A)(b).
References in subsection (1A) to an agreement to which the United Kingdom is a party include an undertaking given by the United Kingdom which— (and the reference in subsection (1B) to an agreement is to be read accordingly).
relates to guidance or any other document issued by the International Atomic Energy Agency, and
is notified to the Agency by the United Kingdom,
Before making regulations under subsection (1B), the Secretary of State must consult—
the ONR, and
such other persons (if any) as the Secretary of State considers it appropriate to consult.
Subsection (1D)(a) does not apply if the regulations give effect, without modification, to proposals submitted by the ONR under section 81(1)(a)(iiia).
Any power to make subordinate legislation under this Part is exercisable by statutory instrument.
An instrument containing (whether alone or with other provision)— may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
nuclear regulations , or nuclear safeguards regulations, which fall within subsection (3), ...
an order under section 111, or
regulations under section 76A(7),
regulations under section 112(1B),
Nuclear regulations or nuclear safeguards regulations fall within this subsection if— and for this purpose nuclear regulations or nuclear safeguards regulations which revoke and re-enact an offence are not to be regarded as creating a new offence.
they are the first nuclear regulations or nuclear safeguards regulations to be made,
they include provision amending or repealing any provision of—
the Nuclear Installations Act 1965, or
the Nuclear Safeguards Act 2000, or
they include provision creating a new offence by virtue of section 75;
An instrument containing an order under paragraph 26 of Schedule 7 (payments and borrowing) may not be made unless a draft of the instrument has been laid before and approved by a resolution of the House of Commons.
An instrument containing any other subordinate legislation under this Part is subject to annulment in pursuance of a resolution of either House of Parliament.
Any power to make subordinate legislation under this Part includes power—
to make different provision for different cases;
to make provision for some cases only or subject to exceptions;
to make provision generally or only in particular respects.
Any subordinate legislation under this Part may include—
consequential, incidental or supplementary provision;
transitional, transitory or saving provision.
In this section “subordinate legislation” means an Order in Council, an order or regulations.
In relation to any modification of a provision of, or made under, any of the provisions of the Nuclear Installations Act 1965 that are relevant statutory provisions, the power conferred by subsection (7)(a) includes power to extend the modification to Northern Ireland for the purpose of ensuring that the text of the provision is uniform throughout the United Kingdom (but does not include power to alter the effect of the provision in relation to a site in Northern Ireland).
The Secretary of State may by order make any transitional, transitory or saving provision which appears appropriate in consequence of, or otherwise in connection with, this Part.
The provision which may be made by virtue of subsection (1) includes, in particular—
provision modifying any provision made by—
primary legislation passed before the end of the session in which this Act was passed, or
an instrument made before the end of that session;
provision for treating any regulations within subsection (3) as—
relevant statutory provisions (or as relevant statutory provisions of a particular description),
regulations under section 85, or
regulations under section 101.
The regulations mentioned in subsection (2)(b) are regulations made under a provision within subsection (4) so far as they relate to, or to fees payable in respect of functions which relate to, any of the following purposes—
the nuclear safety purposes;
the nuclear security purposes;
the nuclear safeguards purposes;
the transport purposes.
The provisions mentioned in subsection (3) are—
section 2(2) of the European Communities Act 1972 (general implementation of Treaties);
section 14 of the 1974 Act (power to direct investigations and inquiries);
section 15 of that Act (health and safety regulations);
section 43 of that Act (fees);
section 3 of the Nuclear Safeguards Act 2000 (identifying persons who have information);
section 77 of the Anti-terrorism, Crime and Security Act 2001 (regulation of security of civil nuclear industry).
Provision made under this section is additional, and without prejudice, to that made by or under any other provision of this Act.
Schedule 11 (which makes provision about schemes to transfer staff etc to the ONR) has effect.
Schedule 12 (minor and consequential amendments related to Part 3) has effect.
The Secretary of State may by order make such modifications of— as the Secretary of State considers appropriate in consequence of this Part.
primary legislation passed before the end of the session in which this Act is passed, or
an instrument made before the end of that session,
The power in subsection (2) includes power to make modifications of—
paragraphs 17 to 30 of Schedule 12 (amendments of the Nuclear Installations Act 1965), or
the provisions of the Nuclear Installations Act 1965 that are amended by those paragraphs.
The power conferred by virtue of subsection (3) is exercisable—
before or after the date on which those paragraphs come into force, and
only for the purpose of making provision corresponding to any amendments of the Nuclear Installations Act 1965 set out in an order made before that date (whether before or after this Act is passed) under section 76 of the Energy Act 2004 (amendments for giving effect to international obligations).
Her Majesty may by Order in Council provide that the provisions of this Part apply, so far as specified, in relation to persons, premises, activities, articles, substances or other matters, outside the United Kingdom as they apply within the United Kingdom or a specified part of the United Kingdom.
Such an Order in Council may—
provide for any provisions of this Part to apply subject to modifications;
provide for any of those provisions, as applied by the Order, to apply—
in relation to individuals, whether or not they are British citizens, and
in relation to bodies corporate, whether or not they are incorporated under the law of a part of the United Kingdom;
make provision for conferring jurisdiction on a specified court or courts of a specified description in respect of—
offences under this Part committed outside the United Kingdom, or
causes of action under section 76 in respect of acts or omissions that occur outside the United Kingdom;
make provision for questions arising out of any acts or omissions mentioned in paragraph (c)(ii) to be determined in accordance with the law in force in any specified part of the United Kingdom;
exclude from the operation of section 3 of the Territorial Waters Jurisdiction Act 1878 (consents required for prosecutions) proceedings for offences under any provision of this Part committed outside the United Kingdom.
In this section “specified”, in relation to an Order in Council, means specified in the Order.
Nothing in this section affects the application outside the United Kingdom of any provision of, or made under, this Part which so applies otherwise than by virtue of an Order in Council under this section.
As soon as reasonably practicable after the end of the period of 7 years beginning with the day on which section 77 comes into force, the Secretary of State must carry out a review of the provisions of this Part.
The Secretary of State must set out the conclusions of the review in a report.
The report must, in particular—
set out the objectives of the provisions of this Part,
assess the extent to which those objectives have been achieved, and
assess whether those objectives remain appropriate and, if so, the extent to which those objectives could be achieved in a way that imposes less regulation.
The Secretary of State must lay the report before Parliament.
In this Part “the government pipe-line and storage system” means any property to which subsection (2), (3), (4) or (5) applies and which is vested in the Secretary of State, including any land held by the Secretary of State for the purposes of such property.
This subsection applies to any oil installations—
which are government war works, within the meaning of the Requisitioned Land and War Works Act 1945, or
to which section 28 of that Act applies by virtue of section 12(4) or (5) of the Requisitioned Land and War Works Act 1948.
This subsection applies to any oil installations which have been, are being or are intended to be, laid, installed or constructed, in or on land acquired for the purpose by virtue of section 13(a) of the 1958 Act.
This subsection applies to anything which has been, is being or is intended to be, laid, installed or constructed by virtue of a wayleave order under the 1958 Act.
This subsection applies to any other oil installations or other property—
relating to oil installations to which subsection (2) or (3) applies, or
relating to anything to which subsection (4) applies.
In this section—
“regulatory function”, in relation to the ONR, means—
The Secretary of State may exercise the power in sub-paragraph (2) in connection with the making of an order under section 46 providing for a person (“the transferee”) to carry out EMR functions in place of another person (“the transferor”). The Secretary of State may make one or more schemes for the transfer of designated property, rights or liabilities of the transferor to the transferee. On the transfer date, the designated property, rights and liabilities are transferred and vest in accordance with the scheme. The rights and liabilities that may be transferred by a scheme include those arising under or in connection with a contract of employment. A certificate by the Secretary of State that anything specified in the certificate has vested in any person by virtue of a scheme is conclusive evidence for all purposes of that fact. In this Schedule—
Regulations under section 57(6)(b) may provide for the emissions limit duty, or the exemption in section 58, to apply with modifications in cases where— Regulations made by virtue this paragraph may, in particular, provide for—
This paragraph applies where an offence is committed as a result of a failure to do something at or within a time fixed by or under a relevant provision. The offence is to be deemed to continue until the thing is done.
Proceedings for an offence alleged to have been committed by a partnership may be brought in the name of the partnership. Rules of court relating to the service of documents have effect in relation to proceedings for an offence as if the partnership were a body corporate. For the purposes of such proceedings the following provisions apply as they apply in relation to a body corporate— A fine imposed on a partnership on its conviction for an offence is to be paid out of the partnership assets. Where an offence committed by a partnership is proved— the partner (as well as the partnership) is guilty of the offence and is liable to be proceeded against and dealt with accordingly. In this paragraph “partner” includes a person purporting to act as a partner.
This paragraph applies if regulations under this Part create an offence consisting of— The regulations may provide that it is for the defendant to prove that—
The Nuclear Installations Act 1965 is amended as follows.
For section 1 substitute—
For section 3 substitute—
For section 4 substitute—
For section 5 substitute—
For section 6 substitute—
In section 19(1) (special cover for licensee’s liability), for “section 3(5)” substitute “section 3(11)”.
For section 22 (reporting of and inquiries into dangerous occurrences) substitute—
In section 24 (inspectors), for “provisions which are mentioned in Schedule 1 to the Health and Safety at Work etc. Act 1974” substitute “sections 1, 3 to 6, 22 and 24A of this Act”.
Section 24A (recovery of expenses by Health and Safety Executive) is amended as follows. In subsection (1)— In subsection (2)— In subsections (3), (4) and (6) to (8) for “Executive”, in each place where it appears, substitute “ONR”. In the heading, for “Health and Safety Executive” substitute “ONR”.
Section 26 (interpretation) is amended as follows. For the definition of “the appropriate Agency” substitute—. Omit the definition of “inspector”. In the definition of “nuclear site licence” for “section 1(1)” substitute “section 1(2)”. After the definition of “occurrence” insert—. In the definition of “period of responsibility” for “section 5(3)” substitute “section 5(14)”.
In section 27 (Northern Ireland) omit paragraphs (b) and (c) of subsection (1).
In Schedule 1 (security provisions applicable by order under section 2), in paragraph 3(2)(cc), for “section 19 of the Health and Safety at Work etc. Act 1974” substitute “Schedule 8 to the Energy Act 2013”.
Schedule 2 is amended as follows. In paragraph 1 for “section 22(5)” substitute “section 22(10)”. In paragraphs 1, 2, 5 and 6, for “the Minister” in each place where it appears substitute “the Secretary of State”. In paragraph 7— Omit paragraph 8. For the title substitute “Inquiries under section 22(10) relating to occurrences in Northern Ireland”.
“relevant international agreement” has the meaning given by subsection (1A);
The ONR may pay to non-executive members other than an HSE member such remuneration as the Secretary of State may determine. The ONR may pay to or in respect of the non-executive members such sums as the Secretary of State may determine by way of allowances and expenses. The ONR may pay, or make provision for paying, to or in respect of the non-executive members other than an HSE member, such sums as the Secretary of State may determine in respect of pensions or gratuities. Where— the ONR may pay the person such amount by way of compensation as the Secretary of State may determine. Where— the ONR may make pay the person such amount by way of compensation as the Secretary of State may determine.
The ONR may make such provision as it considers appropriate to regulate— The ONR may, to any extent, permit any of its committees and sub-committees to regulate their own proceedings (including quorum). The validity of any proceedings of the ONR is not affected by any vacancy among the members or by any defect in the appointment of a member. The ONR must from time to time publish a summary of its rules and procedures.
The ONR may, in the circumstances specified in sub-paragraph (2), indemnify persons who are ONR officers against all or any part of any liability which they incur in the execution, or purported execution, of their functions as such ONR officers. Those circumstances are that the ONR is satisfied that the person in question honestly believed that the act giving rise to the liability— Sub-paragraph (1)— In this paragraph—
The ONR— The ONR must take all reasonable steps to act in accordance with the annual plan, or any revision of it, approved under sub-paragraph (4). The ONR must submit the proposed annual plan and any revision of it to the Secretary of State. The Secretary of State may approve the annual plan and any revision of it with or without modifications. The Secretary of State must consult the ONR before approving with modifications the ONR’s annual plan or any revision of it.
The Secretary of State must pay to the ONR such sums as are approved by the Treasury and as the Secretary of State considers appropriate for the purpose of enabling the ONR to perform its functions. The ONR may, with the consent of the Secretary of State, borrow money. The ONR may not borrow money if the effect of the borrowing would be to cause the aggregate amount outstanding in respect of the principal of sums borrowed by the ONR to be, or to remain, in excess of the ONR’s borrowing limit. The ONR’s borrowing limit is £35 million. The Secretary of State may by order amend sub-paragraph (4) so as to substitute, for the sum for the time being specified in that sub-paragraph, the sum specified in the order, which must not be— Before making an order under this paragraph, the Secretary of State must consult the ONR.
An inspector must provide to people employed at any premises (or their representatives) any relevant information that needs to be provided in order for them (or their representatives) to be kept adequately informed about matters affecting their health, safety or welfare. Where information is provided to employees (or their representatives) under sub-paragraph (1), the inspector must provide the same information to their employer. For this purpose—
It is an offence for a person to use protected information in contravention of a restriction under paragraph 10(3), 11(2), 12(2), 13(2), 14(2) or 15(2).
Paragraph 2 does not prohibit a disclosure of protected information to—
the ONR,
an officer of the ONR,
a person or body performing any functions of the ONR on its behalf by virtue of section 95,
an officer of such a body,
a person providing advice to the ONR,
an inspector, or
a health and safety inspector.
“oil installations” has the meaning given by section 25(1) of that Act.
The Secretary of State may maintain and use the government pipe-line and storage system or any part of it for any purpose for which it is suitable.
The Secretary of State may remove, replace or renew the system or any part of it.
The Secretary of State may restore land if the system or any part of it has been removed or abandoned.
The Secretary of State may inspect or survey the system, any part of it or any land on or under which the system or any part of it is situated.
The rights conferred by this section include in particular the right—
to place, continue or renew markers for indicating the position of the system or any part of it in so far as it is placed under land;
to erect and maintain stiles, gates, bridges or culverts for the facilitation of access to the system or any part of it;
to construct works for the facilitation of maintenance or inspection, or protection from damage, of the system or any part of it;
temporarily to place on land on or under which the system or any part of it is situated materials, plant or apparatus required in connection with the system or any part of it.
For the purpose of exercising a right conferred by section 120, the Secretary of State may enter—
any land on or under which is situated any part of the government pipe-line and storage system, or
any land which is held with that land.
The right conferred by subsection (1) is a right to enter on foot or with vehicles and includes a right to transport materials, plant and apparatus.
For the purpose of accessing any land mentioned in subsection (1) (“the system land”), the Secretary of State may pass over any other land (“the access land”) so far as it is necessary to do so for that purpose.
But the right conferred by subsection (3) may be exercised only if, and to the extent that, the occupier or owner of the system land is entitled to exercise a corresponding right of access (whether by virtue of an easement, under an agreement or otherwise) to pass over the access land.
Except in an emergency the rights conferred by this section may be exercised only—
at a reasonable time and with the consent of the occupier of the land, or
under the authority of a warrant (see section 122).
“An emergency” means that urgent action is required to prevent or limit serious damage to health or to the environment.
The rights conferred by this section do not include a right to enter premises used wholly or mainly as a private dwelling house.
A justice of the peace or, in Scotland, a sheriff, may issue a warrant to authorise entry on to land in the exercise of a right conferred by section 121 (including such a right exercisable by virtue of provision made by or under section 125).
The justice of the peace or the sheriff must be satisfied, on information on oath—
that—
at least 7 days' notice of intention to apply for a warrant has been given to the occupier of the land,
the occupier cannot be found, or
urgent action is required to prevent or limit serious damage to health or to the environment,
(except where the occupier cannot be found) that entry to the land has been or is likely to be refused, and
that there are reasonable grounds for exercising the right.
A warrant under this section may authorise the use of reasonable force.
It is an offence for a person intentionally to obstruct the exercise of any right conferred by a warrant under this section; and a person guilty of such an offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
In the application of this section to Scotland the reference to information on oath is to be read as a reference to evidence on oath.
In this section a “GPSS right” is a right conferred by section 120, 121 or 125(1).
A GPSS right in respect of any land—
is not subject to any enactment requiring the registration or recording of interests in, charges over or other obligations affecting land;
binds any person who is at any time the owner or occupier of the land.
But a GPSS right in respect of any land in England or Wales is a local land charge and subsection (2)(a) does not apply to subsection (2) of section 5 of the Local Land Charges Act 1975 (duty to register local land charge).
For the purposes of the operation in relation to a GPSS right of the duty under that subsection to register a local land charge, the Secretary of State is the originating authority.
A GPSS right in respect of any land in Scotland may be registered in the Land Register of Scotland or recorded in the Register of Sasines.
The Secretary of State must pay compensation to a person who proves that the value of a relevant interest to which the person is entitled is depreciated by reason of the coming into force of section 120, 121 or 125.
A “relevant interest” means an interest in land which—
comprises, or is held with, land in respect of which a right conferred by section 120, 121 or 125 is exercisable, and
subsisted at the time of the coming into force of the section.
The amount of compensation payable under subsection (1) is the amount that is equal to the amount of the depreciation.
If a person proves loss by reason of damage to, or disturbance in the enjoyment of, any land or chattels (or in Scotland corporeal moveables) as a result of the exercise of any right conferred by section 120 or 121, the person on whose behalf the right is exercised must pay compensation in respect of that loss.
Any dispute about entitlement to, or amount of, compensation under this section is to be determined by—
in the application of this Act to England and Wales, the Upper Tribunal;
in the application of this Act to Scotland, the Lands Tribunal for Scotland.
In relation to the assessment of compensation under subsection (1)—
for the purposes of an interest in land in England and Wales and the application of section 5A of the Land Compensation Act 1961 (relevant valuation date) the “relevant valuation date” is the date on which the section concerned comes into force;
for the purposes of an interest in land in Scotland and the operation of rule 2 in section 12 of the Land Compensation (Scotland) Act 1963 (value of land) the valuation must be made as at the date the section concerned comes into force.
The Secretary of State may—
sell or lease the government pipe-line and storage system or any part of it;
transfer for valuable consideration or otherwise the ownership of the system or any part of it;
transfer for valuable consideration or otherwise any right relating to the system or any part of it (whether a right conferred by this Part or otherwise);
transfer any liability relating to the system or any part of it.
Any sale, lease or transfer by virtue of subsection (1) may be subject to such conditions, if any, as the Secretary of State considers appropriate.
Subsection (3) applies in relation to any part of the government pipe-line and storage system which is for the time being owned otherwise than by the Secretary of State.
In subsection (1) “owned” is to be construed in accordance with the definition of “owner” in section 66(1) of the Pipe-lines Act 1962.
The following sections of that Act, namely— apply in relation to any such part as if it were a pipe-line constructed pursuant to a pipe-line construction authorisation.
section 10 (provisions for securing that a pipe-line is so used as to reduce necessity for construction of others),
section 36 (notification of abandonment, cesser of use and resumption of use of pipe-lines or lengths thereof),
Section 40(2) of that Act (application of the electronic communications code) applies—
for the purposes of GPSS works as it applies for the purposes of works in pursuance of a compulsory rights order,
to a person executing GPSS works as it applies to a person authorised to execute works in pursuance of such an order.
In subsection (4) “GPSS works” means—
works for inspecting, maintaining, adjusting, repairing, altering or renewing the government pipe-line and storage system or any part of it;
works for changing the position of the system or any part of it;
works for removing the system or any part of it;
breaking up or opening land for the purpose of works falling within paragraph (a), (b) or (c), or tunnelling or boring for that purpose;
other works incidental to anything falling within paragraph (a), (b), (c) or (d).
To the extent that anything done under or by virtue of this Part constitutes the execution of pipe-line works for the purposes of section 45 of the Pipe-lines Act 1962 (obligation to restore agricultural land), subsection (3) of that section has effect as if after “this Act” there were inserted “ or any provision of Part 4 of the Energy Act 2013 ”.
Nothing in this Part affects any other rights of the Secretary of State in relation to the government pipe-line and storage system (whether conferred under another enactment, by agreement or otherwise, and whether or not existing upon the coming into force of this section).
For the purposes of sections 120, 121 and 125, it is immaterial whether a right corresponding to a right conferred by the section was exercisable by the Secretary of State before the coming into force of the section.
The provisions mentioned in subsection (2) cease to have effect.
The provisions are—
section 12 of the Requisitioned Land and War Works Act 1948 (permanent power to maintain government oil pipe-lines);
section 13 of that Act (compensation in respect of government oil pipe-lines);
section 14 of that Act (registration of rights as to government oil pipe-lines);
section 15 of that Act (supplementary provisions as to government oil pipe-lines);
section 12 of the Land Powers (Defence) Act 1958 (extension of provisions of Requisitioned Land and War Works Acts).
The Secretary of State may provide by order for—
the repeal of the Oil and Pipelines Act 1985;
the dissolution of the Oil and Pipelines Agency.
If the Oil and Pipelines Agency is dissolved under subsection (1), the Secretary of State may make one or more schemes for the transfer to the Secretary of State of property, rights and liabilities (a “transfer scheme”).
Schedule 13 makes further provision about any transfer scheme under subsection (2).
An order under this section may—
include incidental, supplementary and consequential provision;
make transitory or transitional provision or savings;
make different provision for different cases or circumstances or for different purposes;
make provision subject to exceptions.
An order under this section is to be made by statutory instrument which is subject to annulment in pursuance of a resolution of either House of Parliament.
This Part binds the Crown.
No contravention by the Crown of section 122(4) makes the Crown criminally liable; but the High Court or, in Scotland, the Court of Session may declare unlawful any act or omission of the Crown which constitutes such a contravention.
But subsection (2) does not affect the criminal liability of persons in the service of the Crown.
The Secretary of State may designate a statement as the strategy and policy statement for the purposes of this Part if the requirements set out in section 135 are satisfied (consultation and Parliamentary procedural requirements).
The strategy and policy statement is a statement prepared by the Secretary of State that sets out—
the strategic priorities, and other main considerations, of Her Majesty's government in formulating its energy policy for Great Britain (“strategic priorities”),
the particular outcomes to be achieved as a result of the implementation of that policy (“policy outcomes”), and
the roles and responsibilities of persons (whether the Secretary of State, the Authority , the Independent System Operator and Planner or other persons) who are involved in implementing that policy or who have other functions that are affected by it.
The Secretary of State must publish the strategy and policy statement (including any amended statement following a review under section 134) in such manner as the Secretary of State considers appropriate.
For the purposes of this section, energy policy “for Great Britain” includes such policy for—
the territorial sea adjacent to Great Britain, and
areas designated under section 1(7) of the Continental Shelf Act 1964.
In this Part—
“relevant health and safety regulations” means regulations under section 15 of the 1974 Act so far as they can be made for the nuclear site health and safety purposes.
An inspector’s instrument of appointment may authorise the inspector to exercise any relevant power. Authority to exercise a relevant power may be given— The authority conferred by an inspector’s instrument of appointment to exercise any relevant powers may be varied by the ONR by a further instrument in writing varying the instrument of appointment. For the purposes of this Schedule, an inspector is “authorised”, in relation to a power, if and so far as the inspector is authorised by the instrument of appointment to exercise the power. In this Part, “relevant power” means a power conferred by any of the relevant statutory provisions on an inspector if and so far as so authorised. When exercising or seeking to exercise any relevant power, an inspector must, if asked, produce the instrument of appointment (including any instrument varying it) or a duly authenticated copy.
Protected information must not be disclosed— except in accordance with Part 3 of this Schedule.
by the original holder of the information, or
by any other person holding it who has received it directly or indirectly from the original holder by virtue of a disclosure, or disclosures, in accordance with this Schedule,
It is a defence for a person charged with an offence under paragraph 3 or 4 to prove—
that the person did not know and had no reason to suspect that the information was protected information, or
that the person took all reasonable precautions and exercised all due diligence to avoid committing the offence.
Paragraph 2 does not prohibit a disclosure of protected information by— for the purposes of any of that person’s functions.
the ONR,
an inspector,
a health and safety inspector, or
an ONR inquiry official,
Paragraph 2 does not prohibit the following disclosures of protected information— A health and safety authority to whom protected information is disclosed by virtue of any provision of this Schedule may not use the information for any purpose other than any of the purposes of the Health and Safety Executive. For this purpose, “health and safety authority” means—
Paragraph 2 does not prohibit a disclosure of protected information which is made in accordance with an obligation under—
the Freedom of Information Act 2000,
the Freedom of Information (Scotland) Act 2002, or
environmental information regulations within the meaning given in section 39(1A) of the Freedom of Information Act 2000.
Paragraph 2 does not prohibit a disclosure of protected information which is made in a form calculated to prevent the information from being identified as relating to a particular person or case.
In consequence of the amendments made by paragraphs 16 to 29, the provisions listed in the following Table are repealed or revoked to the extent specified— Title Extent of repeal or revocation Electricity Act 1989 (c. 29) In Schedule 16, paragraph 11. Water Act 1989 (c. 15) In Schedule 25, paragraph 33. Radioactive Substances Act 1993 (c. 12) In Schedule 4, paragraph 2. Environment Act 1995 (c. 25) In Schedule 22, paragraphs 7 to 9. Energy Act 2004 (c. 20) Section 78(1). Energy Act 2008 (c. 32) Section 65. In section 112(3), the words “(other than section 65)”. Marine and Coastal Access Act 2009 (c. 23) In Schedule 14, paragraph 6. The Nuclear Installations Act 1965 etc. (Repeals and Modifications) Regulations 1974 (S.I. 1974/2056) Schedule 1, except for the entry relating to section 25 of the Nuclear Installations Act 1965. In Schedule 2, paragraphs 1, 2, 3 and 6. The Nuclear Installations Act 1965 (Repeal and Modifications) Regulations 1990 (S.I. 1990/1918) In the Schedule, paragraph 1. The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750) In Schedule 1, in the entry for the Nuclear Installations Act 1965, in column 1, in paragraph (b), the words “6 and”. In Schedule 3, in the entry for the Nuclear Installations Act 1965, in column 1, the words— “1(1)(b) and (2)”; “and 22(1) and (2),”. The Water Industry (Scotland) Act 2002 (Consequential Modifications) Order 2004 (S.I. 2004/1822 (S. 3)) In the Schedule, paragraph 5. The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675) In Part 1 of Schedule 26, paragraph 2. The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755 (W. 90)) In Part 1 of Schedule 2, paragraph 41.
Paragraph 2 does not prohibit the following disclosures of protected information— A person with enforcement responsibilities to whom protected information is disclosed by virtue of any provision of this Schedule may not use the information otherwise than for the purposes of any function which the enforcing authority in question has in its capacity as such. For this purpose, “person with enforcement responsibilities” means—
Paragraph 2 does not prohibit the following disclosures of protected information— A Northern Ireland health and safety authority to whom protected information is disclosed by virtue of any provision of this Schedule may not use the information for any purpose other than any of the purposes of the Health and Safety Executive for Northern Ireland. For this purpose, Northern Ireland health and safety authority means—
“sensitive nuclear information” means—
The Secretary of State may modify— The Secretary of State may make a modification under sub-paragraph (1) only for the purpose of— Provision included in a licence, or in a document or agreement relating to licences, by virtue of the power under sub-paragraph (1) may in particular include provision of a kind that may be included in regulations. Before making a modification under this paragraph, the Secretary of State must consult— Sub-paragraph (4) may be satisfied by consultation before, as well as by consultation after, the passing of this Act.
Office for Nuclear Regulation.
In Schedule 15 to the Employment Protection Act 1975, omit paragraph 13 (amendments of section 44 of the Health and Safety at Work etc. Act 1974).
The Electricity Act 1989 is amended as follows.
In section 204 of the Water Resources Act 1991 (restriction on disclosure of information), in subsection (2), after paragraph (g) insert—.
In section 59(3)(e) of the Coal Industry Act 1994 (relevant authorities in relation to all of their functions), after sub-paragraph (ii) insert—.
In section 235 of the Greater London Authority Act 1999 (restrictions on disclosure of information), in subsection (2), after paragraph (f) insert—.
In Schedule 9 to the Transport Act 2000 (air traffic: information), in paragraph 3(1), after paragraph (f) insert—.
Schedule 3 to the Railways Act 2005 (transfer of safety functions) is amended as follows.
Section 3C (health and safety) is amended as follows. which may be relevant to the carrying out of their respective functions under this Part. In subsection (3), after “Health and Safety Executive” insert “or the Office for Nuclear Regulation”.
In paragraph 1(5) (railway safety purposes), after paragraph (b) (but before the “and” immediately following it) insert—.
In section 56C (references to the Competition Commission), in subsection (6)(c), after “Health and Safety Executive” insert “, the Office for Nuclear Regulation”.
Paragraph 2 (ORR’s principal railway safety functions) is amended as follows. In sub-paragraph (6), for the words following “must” substitute — In sub-paragraph (7), at the end insert “and, if the regulations are relevant to the ONR’s purposes (within the meaning of Part 3 of the Energy Act 2013), the Office for Nuclear Regulation”.
The Office of Rail Regulation must consult the Office for Nuclear Regulation before taking any step under sub-paragraph (1) in relation to a matter which appears to the Office of Rail Regulation to be, or likely to be, relevant to the ONR’s purposes (within the meaning of Part 3 of the Energy Act 2013).
The Authority must have regard to the strategic priorities set out in the strategy and policy statement when carrying out regulatory functions.
The Secretary of State and the Authority must carry out their respective regulatory functions in the manner which the Secretary of State or the Authority (as the case may be) considers is best calculated to further the delivery of the policy outcomes.
Subsection (2) is subject to the application of the principal objective duty in the carrying out of any such function.
“Regulatory functions”, in relation to the Secretary of State, means—
functions of the Secretary of State under Part 1 of the 1986 Act or Part 1 of EA 1989;
other functions of the Secretary of State to which the principal objective duty is applied by any enactment.
“Regulatory functions”, in relation to the Authority, means—
functions of the Authority under Part 1 of the 1986 Act or Part 1 of EA 1989;
other functions of the Authority to which the principal objective duty is applied by any enactment.
The “principal objective duty” means the duty of the Secretary of State or the Authority (as the case may be) imposed by—
section 4AA(1B) and (1C) of the 1986 Act;
section 3A(1B) and (1C) of EA 1989.
The Authority must give notice to the Secretary of State if at any time the Authority concludes that a policy outcome contained in the strategy and policy statement is not realistically achievable.
A notice under subsection (7) must include—
the grounds on which the conclusion was reached;
what (if anything) the Authority is doing, or proposes to do, for the purpose of furthering the delivery of the outcome so far as reasonably practicable.
In this section “enactment” includes—
an enactment contained in this Act, and
an enactment passed or made after the passing of this Act.
Section 132(1) and (2) do not apply in relation to functions of the Secretary of State under sections 36 to 37 of EA 1989.
Section 132(1) and (2) do not apply in relation to anything done by the Authority—
in the exercise of functions relating to the determination of disputes;
in the exercise of functions under section 36A(3) of the 1986 Act or section 43(3) of EA 1989.
The duties imposed by section 132(1) and (2) do not affect the obligation of the Authority or the Secretary of State to perform or comply with any other duty or requirement (whether arising under this Act or another enactment, by virtue of any EU obligation or otherwise).
The Secretary of State must review the strategy and policy statement if a period of 5 years has elapsed since the relevant time.
The “relevant time”, in relation to the strategy and policy statement, means—
the time when the statement was first designated under this Part, or
if later, the time when a review of the statement under this section last took place.
A review under subsection (1) must take place as soon as reasonably practicable after the end of the 5 year period.
The Secretary of State may review the strategy and policy statement at any other time if—
a Parliamentary general election has taken place since the relevant time,
the Authority has given notice to the Secretary of State under section 132(7) since the relevant time,
a significant change in the energy policy of Her Majesty's government has occurred since the relevant time, or
the Independent System Operator and Planner has given notice to the Secretary of State under section 165(2) of the Energy Act 2023 since the relevant time,
the Parliamentary approval requirement in relation to an amended statement was not met on the last review (see subsection (12)).
The Secretary of State may determine that a significant change in the government's energy policy has occurred for the purposes of subsection (4)(c) only if—
the change was not anticipated at the relevant time, and
if the change had been so anticipated, it appears to the Secretary of State likely that the statement would have been different in a material way.
On a review under this section the Secretary of State may—
amend the statement (including by replacing the whole or part of the statement with new content),
leave the statement as it is, or
withdraw the statement's designation as the strategy and policy statement.
The Secretary of State may also review the strategy and policy statement at any other time if the Secretary of State considers it appropriate to do so in preparation for or in connection with the designation of a person under section 162(1) of the Energy Act 2023 (Independent System Operator and Planner).
The amendment of a statement under subsection (6)(a) has effect only if the Secretary of State designates under section 131 the amended statement as the strategy and policy statement (and the procedural requirements under section 135 apply in relation to any such designation).
For the purposes of this section, corrections of clerical or typographical errors are not to be treated as amendments made to the statement.
The designation of a statement as the strategy and policy statement ceases to have effect upon a subsequent designation of an amended statement as the strategy and policy statement in accordance with subsection (7).
The Secretary of State must consult the following persons before proceeding under subsection (6)(b) or (c)—
the Authority,
the Scottish Ministers,
the Independent System Operator and Planner,
the Welsh Ministers, and
such other persons as the Secretary of State considers appropriate.
For the purposes of subsection (2)(b), a review of a statement takes place—
in the case of a decision on the review to amend the statement under subsection (6)(a)—
at the time when the amended statement is designated as the strategy and policy statement under section 131, or
if the amended statement is not so designated, at the time when the amended statement was laid before Parliament for approval under section 135(7);
in the case of a decision on the review to leave the statement as it is under subsection (6)(b), at the time when that decision is taken.
For the purposes of subsection (4)(d), the Parliamentary approval requirement in relation to an amended statement was not met on the last review if—
on the last review of the strategy and policy statement to be held under this section, an amended statement was laid before Parliament for approval under section 135(7), but
the amended statement was not designated because such approval was not given.
This section sets out the requirements that must be satisfied in relation to a statement before the Secretary of State may designate it as the strategy and policy statement.
In this section references to a statement include references to a statement as amended following a review under section 134(6)(a).
The Secretary of State must first—
prepare a draft of the statement, and
issue the draft to the required consultees for the purpose of consulting them about it.
The “required consultees” are—
the Authority,
the Scottish Ministers, and
the Independent System Operator and Planner,
the Welsh Ministers.
The Secretary of State must then—
make such revisions to the draft as the Secretary of State considers appropriate as a result of responses to the consultation under subsection (3)(b), and
issue the revised draft for the purposes of further consultation about it to the required consultees and to such other persons as the Secretary of State considers appropriate.
The Secretary of State must then—
make any further revisions to the draft that the Secretary of State considers appropriate as a result of responses to the consultation under subsection (5)(b), and
prepare a report summarising those responses and the changes (if any) that the Secretary of State has made to the draft as a result.
The Secretary of State must lay before Parliament—
the statement as revised under subsection (6)(a), and
the report prepared under subsection (6)(b).
The statement as laid under subsection (7)(a) must have been approved by a resolution of each House of Parliament before the Secretary of State may designate it as the strategy and policy statement under section 131.
The requirement under subsection (3)(a) to prepare a draft of a statement may be satisfied by preparation carried out before, as well as preparation carried out after, the passing of this Act.
Sections 4AA to 4B of the 1986 Act (principal objective and general duties) apply in relation to the relevant function of the Secretary of State under this Part as they apply in relation to functions of the Secretary of State under Part 1 of that Act.
Sections 3A to 3D of EA 1989 (principal objective and general duties) apply in relation to the relevant function of the Secretary of State under this Part as they apply in relation to functions of the Secretary of State under Part 1 of that Act.
The “relevant function” is the Secretary of State's function of determining the policy outcomes to be set out in the strategy and policy statement (whether when the statement is first prepared under this Part or when it is reviewed under section 134).
The Utilities Act 2000 is amended as follows.
After section 4 insert—
In section 5 (annual and other reports of Authority), after subsection (2) insert—
The following provisions are repealed (guidance about the making by the Authority of a contribution towards the attainment of social or environmental policies)—
sections 4AB and 4B(1) of the 1986 Act, and
sections 3B and 3D(1) of EA 1989.
In section 4AA(5) of the 1986 Act, after “(2),” insert “ and to section 132(2) of the Energy Act 2013 (duty to carry out functions in manner best calculated to further delivery of policy outcomes) ”.
In section 3A(5) of EA 1989, after “(2),” insert “ and to section 132(2) of the Energy Act 2013 (duty to carry out functions in manner best calculated to further delivery of policy outcomes) ”.
In the 1986 Act—
in section 4AA(7), for “sections 4AB and 4A” substitute “ section 4A ”;
in section 7B(4), in paragraph (a) omit “, 4AB”;
in section 23D(2)—
at the end of paragraph (b) omit “and”,
in paragraph (c) for “sections 4AB and” substitute “ section ”, and
at the end of paragraph (c) insert; and ;
in section 28(5), in paragraph (a) omit “, 4AB”;
in section 38(1A), omit “, 4AB”;
in section 41E(6)—
omit paragraph (b), and
at the end of paragraph (c) insert; and
In EA 1989—
in section 3A(7), for “sections 3B and 3C” substitute “ section 3C ”;
in section 11E(2)—
at the end of paragraph (b) omit “and”,
in paragraph (c) for “sections 3B and 3C” substitute “ section 3C ”, and
at the end of paragraph (c) insert; and ;
in section 28(2A), omit “, 3B”;
in section 56C(6)—
omit paragraph (b), and
at the end of paragraph (c) insert; and
The Secretary of State may modify— by making provision of any of the kinds specified in subsection (2).
a condition of a particular licence under section 7A(1) of the Gas Act 1986 (supply licences);
the standard conditions incorporated in licences under that provision by virtue of section 8 of that Act;
a condition of a particular licence under section 6(1)(d) of EA 1989 (supply licences);
the standard conditions incorporated in licences under that provision by virtue of section 8A of that Act;
The kinds of provision mentioned in subsection (1) are—
provision requiring a licence holder to adopt one or more standard domestic tariffs;
provision for restricting the number of domestic tariffs, or domestic tariffs of a particular category, a licence holder may adopt;
provision about discretionary terms (which may in particular require the same discretionary terms to be offered in connection with, or incorporated into, all domestic supply contracts of any particular category);
provision for requiring a licence holder to provide information about its domestic tariffs and other supply contract terms, which may include information for enabling or facilitating the comparison—
of different domestic tariffs or supply contract terms of the licence holder;
of domestic tariffs and supply contract terms of different licence holders;
provision for requiring a licence holder to change the domestic tariff on which it supplies gas or electricity to a domestic customer who is on a closed tariff by—
switching to a different domestic tariff for the time being offered by the licence holder, unless the customer objects, or
offering the customer, or inviting the customer to switch to, a different domestic tariff for the time being offered by the licence holder;
provision for requiring a licence holder to provide information to domestic customers about the licence holder's costs, or profit, attributable to its domestic supply contracts, which may, in particular, include information about—
particular kinds of those costs, and
the extent to which domestic customers' costs are attributable to any of those kinds of costs, or to profit.
Any limit imposed by virtue of subsection (2)(b) on the number of tariffs, or tariffs of any category, that a licence holder may adopt must be greater than the number of standard domestic tariffs, or (as the case may be) standard domestic tariffs of that category, that the licence holder is required to adopt.
Provision that may be included in a licence by virtue of subsection (2)(d) may in particular require a licence holder to provide each domestic customer with information—
about the customer's existing domestic tariff and supply contract terms;
about the expected cost to the customer of supplies under the customer's existing domestic supply contract and on one or more other domestic tariffs (including the lowest domestic tariff for the customer) or other supply contract terms of the licence holder;
about how to switch to different supply contract terms.
Provision that may be included in a licence by virtue of subsection (2)(d) or (f) may in particular—
require information to be provided in a form that is clear and easy to understand;
make provision about the times at which information is to be provided;
make provision about the format in which information is to be provided, which may in particular require information about a domestic tariff or supply contract terms to be provided in the form of a single figure or set of figures;
make provision about the way in which information is to be provided, which may in particular require information to be provided—
by means of a code or otherwise using a format readable by an electronic device, or
in a way which facilitates processing of the information by means of an electronic device.
Provision included in a licence by virtue of the power in subsection (1)—
may make provision for determining when a licence holder is, or is not, to be regarded as offering to supply gas or electricity on a particular tariff (or as offering other terms in connection with domestic supply contracts) for the purpose of a relevant provision;
may make provision for supplies (or proposed supplies) of gas or electricity to be regarded as being on the same tariff or different tariffs for the purpose of a relevant provision;
may make provision for specifying how any domestic tariff (including a licence holder's lowest domestic tariff for a customer), or other supply contract terms, is or are to be identified for the purpose of any relevant provision;
may make provision about the calculation or estimation of any amount or figure for the purpose of a relevant provision, which may, in particular, include provision—
about assumptions to be made;
requiring information about a customer's circumstances or previous consumption of gas or electricity to be taken into account;
may confer functions on the Secretary of State or the Authority;
may make different provision for different kinds of domestic customers or different supply contract terms, or otherwise in relation to different cases;
may make provision generally or only in relation to specified categories of domestic customers, domestic tariffs or domestic supply contracts or otherwise only in relation to specified cases or subject to exceptions;
need not relate to the activities authorised by the licence;
may do any of the things authorised for licences of that type by section 7B(5)(a), (6) or (7) of the Gas Act 1986 or section 7(3), (4), (5) or (6A) of EA 1989.
The power in subsection (1)—
may be exercised generally, only in relation to specified cases or subject to exceptions (including provision for a case to be excepted only so long as specified conditions are satisfied);
may be exercised differently in different cases or circumstances;
includes a power to make incidental, supplementary or consequential modifications.
In this section—
For the purposes of the definition of “standard domestic tariff”, the terms that may be specified by, or in accordance with, a relevant provision—
may include a term providing for a charge or rate to be fixed for a period to be determined by the licence holder, but
may not include any term setting the amount of a charge or rate or otherwise specifying how it is to be determined.
For the purposes of this section—
gas or electricity is supplied on a tariff if the supply is made under a contract whose principal terms are the terms of the tariff,
a domestic customer is on a particular domestic tariff if gas or electricity is supplied to the customer on that tariff, and
a licence holder adopts a tariff if it supplies or offers to supply gas or electricity on that tariff (and references to adopting a tariff include references to doing either or both of them).
The Secretary of State may by order specify types of terms of domestic supply contracts which are the principal terms of such contracts.
An order under subsection (11) may—
include incidental, supplementary and consequential provision;
make transitory or transitional provision or savings;
make different provision for different domestic supply contracts or otherwise for different purposes;
make provision subject to exceptions.
An order under subsection (11) is to be made by statutory instrument.
A statutory instrument containing an order under subsection (11) is subject to annulment in pursuance of an order of either House of Parliament.
Before making modifications of a licence under section 139(1) the Secretary of State must consult—
the holder of any licence being modified,
the Authority, and
such other persons as the Secretary of State considers it appropriate to consult.
Subsection (1) may be satisfied by consultation before, as well as by consultation after, the passing of this Act.
Before making modifications under section 139(1) the Secretary of State must lay a draft of the modifications before Parliament.
If, within the 40-day period, either House of Parliament resolves not to approve the draft, the Secretary of State may not take any further steps in relation to the proposed modifications.
If no such resolution is made within that period, the Secretary of State may make the modifications in the form of the draft.
Subsection (4) does not prevent a new draft of proposed modifications being laid before Parliament.
In this section “40-day period”, in relation to a draft of proposed modifications, means the period of 40 days beginning with the day on which the draft is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the 2 days on which it is laid).
For the purposes of calculating the 40-day period, no account is to be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.
The Secretary of State must publish details of any modifications made under section 139(1) as soon as reasonably practicable after they are made.
Where the Secretary of State makes a modification of the standard conditions of a licence of any type, the Authority must—
make the same modification of those standard conditions for the purposes of their incorporation in licences of that type granted after that time, and
publish the modification.
A modification of part of a standard condition of a particular 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 Gas Act 1986 or Part 1 of EA 1989.
The power in section 139(1) may not be exercised after 31 December 2018.
Sections 4AA to 4B of the Gas Act 1986 (principal objective and general duties) apply in relation to functions of the Secretary of State under section 139 or 140 of this Act with respect to holders of licences under section 7A(1) of that Act as they apply in relation to functions of the Secretary of State under Part 1 of that Act.
Sections 3A to 3D of EA 1989 (principal objective and general duties) apply in relation to functions of the Secretary of State under section 139 or 140 of this Act with respect to holders of licences under section 6(1)(d) of that Act as they apply in relation to functions of the Secretary of State under Part 1 of that Act.
The Utilities Act 2000 is amended as follows.
In section 33 (standard conditions of electricity licences), in subsection (1)(f), omit “76 or”.
In section 81 (standard conditions of gas licences), in subsection (2), for “or under Chapter 1 of Part 1 or section 76 or 98 of the Energy Act 2011” substitute “ , under Chapter 1 of Part 1 or section 98 of the Energy Act 2011 or under section 139 of the Energy Act 2013 ”.
In the Energy Act 2011, sections 76 to 78 (power to modify energy supply licences: information about tariffs) are repealed.
In section 41C of the Gas Act 1986 (power to alter activities requiring licence), after subsection (4) insert—
In section 56A of EA 1989 (power to alter activities requiring licence), after subsection (4) insert—
Schedule 14 (which enables the Authority to impose requirements on a regulated person to take remedial action in respect of loss, damage or inconvenience caused to consumers of gas or electricity) has effect.
The Warm Homes and Energy Conservation Act 2000 is amended as follows.
After section 1 insert—
In section 2—
in the title, after “poverty” insert “ : Wales ”;
in subsection (1), after “strategy” insert “ as respects Wales ”;
in subsection (2)(d), omit “England or”;
in subsection (8)—
in the definition of “the appropriate authority”, omit paragraph (a), and
in the definition of “the relevant commencement”, omit paragraph (a).
In section 41 of the Energy Act 2008 (power to amend licence conditions etc: feed-in tariffs), in subsection (4), in the definition of “specified maximum capacity” for “5” substitute “ 10 ”.
EA 1989 is amended as follows.
In section 4 (prohibition on unlicensed supply), after subsection (3A) insert—
After section 6E insert—
In section 64 (interpretation of Part 1), in subsection (1B) at the end insert “ and section 6F ”.
The Secretary of State may require fees to be paid for services or facilities provided or made available by the Secretary of State in the exercise of energy resilience powers.
“Energy resilience powers” are any powers exercised by the Secretary of State for the purposes of, or in connection with, preventing or minimising disruption to the energy sector in Great Britain (including disruption to the supply of fuel in Great Britain).
The amount of any fee charged under this section is—
such amount as may be specified in, or determined by or in accordance with, regulations made by the Secretary of State, or
if no such regulations are made, an amount specified in, or determined by or in accordance with, a direction given by the Secretary of State for the purposes of this section.
Regulations or a direction under this section may provide for the amounts of fees to be different in different cases and, in particular, for fees in respect of the exercise of the same power to be of different amounts in different circumstances.
Regulations under subsection (3)(a) must be made by statutory instrument and any such instrument is subject to annulment in pursuance of a resolution of either House of Parliament.
The Secretary of State must lay before Parliament a statement of any fees specified in, or determined by or in accordance with, a direction given under subsection (3)(b).
Chapter 1 of Part 3 of the Energy Act 2008 (nuclear sites: decommissioning and clean-up) is amended as follows.
After section 45 (duty to submit funded decommissioning programme) insert—
In section 46 (approval of programme), after subsection (3G) insert—
In section 49 (procedure for modifying approved programme)—
in subsection (3), after “made,” insert “ or advice is sought from the Secretary of State about the making of a proposal, ”, and
in subsection (4), in the opening words after “proposal” insert “ (or the making of a proposal) ”.
In section 66 (disposal of hazardous material), after subsection (3) insert—
The Secretary of State may by regulations make provision imposing duties on a relevant landlord of residential premises in England for the purposes of ensuring that, during any period when the premises are occupied under a tenancy—
the premises are equipped with a required alarm (or required alarms), and
checks are made by or on behalf of the landlord in accordance with the regulations to ensure that any such alarm remains in proper working order.
“Required alarm” means— that meets the appropriate standard.
a smoke alarm, or
a carbon monoxide alarm,
Regulations may include provision about—
the interpretation of terms used in subsections (1) and (2);
the enforcement of any duty imposed by regulations.
Provision made by virtue of subsection (3)(b) may in particular—
confer functions on local housing authorities in England;
require a landlord who contravenes any such duty to pay a financial penalty.
Provision about penalties made by virtue of subsection (4)(b) includes provision—
about the procedure to be followed in imposing penalties;
about the amount of penalties;
conferring rights of appeal against penalties;
for the enforcement of penalties;
about the application of sums paid by way of penalties (and such provision may permit or require the payment of sums into the Consolidated Fund).
Regulations may—
include incidental, supplementary and consequential provision;
make transitory or transitional provision or savings;
make different provision for different cases or circumstances or for different purposes;
make provision subject to exceptions.
Consequential provision made by virtue of subsection (6)(a) may amend, repeal or revoke any provision made by or under an Act.
Regulations are to be made by statutory instrument.
An instrument containing regulations may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
Subject to provision contained in regulations, in this section—
As soon as reasonably practicable after the end of the period of 5 years beginning with the relevant commencement date, the Secretary of State must carry out a review of—
section 144 and Schedule 14 (consumer redress orders);
section 149 (fees in respect of decommissioning etc).
The relevant commencement date—
in relation to section 144 and Schedule 14, is the date on which that section and Schedule come into force;
in relation to section 149, is the date on which that section comes into force.
The Secretary of State must set out the conclusions of the review in a report.
The report must, in particular—
set out the objectives of the provisions subject to review,
assess the extent to which those objectives have been achieved, and
assess whether those objectives remain appropriate and, if so, the extent to which those objectives could be achieved in a way that imposes less regulation.
The Secretary of State must lay the report before Parliament.
In this Act—
A reference in this Act to— is to that Department in Northern Ireland.
the Department of Enterprise, Trade and Investment, or
the Department of Environment,
This section applies in relation to a scheme made by the Secretary of State under any of the following provisions (a “transfer scheme”)—
Schedule 1;
paragraph 16 of Schedule 2;
Schedule 3;
Schedule 11;
Schedule 13.
Subject to subsection (3), the Secretary of State may modify a transfer scheme.
If a transfer under the scheme has taken effect, any modification under subsection (2) that relates to the transfer may be made only with the agreement of the person (or persons) affected by the modification.
A modification takes effect from such date as the Secretary of State may specify; and that date may be the date when the original scheme came into effect.
A transfer scheme may—
include incidental, supplementary and consequential provision;
make transitory or transitional provision or savings;
make different provision for different cases or circumstances or for different purposes;
make provision subject to exceptions.
In the provisions mentioned in subsection (1), “subordinate legislation” means—
subordinate legislation within the meaning of the Interpretation Act 1978 (see section 21(1) of that Act), or
an instrument made under—
an Act of the Scottish Parliament,
an Act or Measure of the National Assembly for Wales, or
Northern Ireland legislation.
The following are to be paid out of money provided by Parliament—
any expenditure incurred by the Secretary of State by virtue of this Act;
any expenditure incurred by the Authority by virtue of this Act;
any increase attributable to this Act in the sums payable out of money so provided under any other enactment.
The expenditure referred to in subsection (1)(a) includes expenditure incurred by the Secretary of State for the purposes of, or in connection with—
the establishment of a CFD counterparty;
making payments or providing financial assistance to a CFD counterparty;
obtaining advice and assistance in relation to the exercise of functions conferred on the Secretary of State by or by virtue of Chapter 2 or 3 of Part 2;
making payments or providing financial assistance to a settlement body in relation to capacity agreements (see section 28(4)(g));
making payments or providing financial assistance to the national system operator, a person or body on whom a function is conferred by virtue of section 35 or an alternative delivery body in connection with the exercise of EMR functions.
Financial assistance or payments includes financial assistance or payments given subject to such conditions as may be determined by, or in accordance with arrangements made by, the Secretary of State; and such conditions may in particular in the case of a grant include conditions for repayment in specified circumstances.
In this section—
Subject to the rest of this section, this Act extends to England and Wales and Scotland.
The following also extend to Northern Ireland—
Part 1 (decarbonisation);
in Part 2—
Chapter 1 (general considerations),
Chapter 2 (contracts for difference),
Chapter 4 (investment contracts),
section 56 (transition to certificate purchase scheme),
Chapter 8 (emissions performance standard), and
section 63 (exemption from liability in damages);
subject to subsections (6) and (7), Part 3 (nuclear regulation);
this Part.
Section 55(4) extends to Northern Ireland only.
Sections 145 and 150 extend to England and Wales only.
Section 149 extends to England and Wales and Northern Ireland only.
Part 2 of Schedule 8 extends to England and Wales and Scotland only.
The amendments made by Schedule 12 have the same extent as the provisions they amend, except that—
paragraph 25 (amendment to section 24A of the Nuclear Installations Act 1965 as it has effect in England and Wales and Scotland) extends to England and Wales and Scotland only;
the other amendments in that Schedule of the Nuclear Installations Act 1965 extend to England and Wales, Scotland and Northern Ireland only;
paragraphs 39 to 49 (amendments of the Nuclear Safeguards and Electricity (Finance) Act 1978 and Nuclear Safeguards Act 2000) extend to England and Wales, Scotland and Northern Ireland only;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The provisions of this Act come into force on such day as the Secretary of State may by order made by statutory instrument appoint, subject to subsections (2) and (3).
The following provisions come into force at the end of the period of 2 months beginning with the day on which this Act is passed—
Chapter 5 of Part 2 (conflicts of interest and contingency arrangements);
Chapter 6 of Part 2 (access to markets);
section 56 (transition to certificate purchase scheme);
Chapter 8 of Part 2 (emissions performance standard);
Part 5 (strategy and policy statement), other than section 138(1), (4) and (5);
sections 139 to 142 (domestic tariffs: modifications of energy supply licences);
section 143 (powers to alter activities requiring licences: activities related to supply contracts);
section 144 (consumer redress orders);
section 145 (fuel poverty);
section 146 (feed-in tariffs: increase in maximum capacity of plant);
section 147 (offshore transmission systems);
section 149 (fees in respect of decommissioning and clean-up of nuclear sites).
The following provisions come into force on the day on which this Act is passed—
Part 1 (decarbonisation);
Chapter 1 of Part 2 (general considerations);
Chapter 2 of Part 2 (contracts for difference);
Chapter 3 of Part 2 (capacity market);
Chapter 4 of Part 2 (investment contracts);
section 55 (closure of support under the renewables obligation);
Chapter 9 of Part 2 (miscellaneous);
section 113 (subordinate legislation under Part 3);
section 114(1) (power to make transitional provision in relation to Part 3);
section 115 (transfer of staff etc for purposes of Part 3);
section 116(2) (power to make consequential amendments in relation to Part 3);
section 118 (review of Part 3);
section 151 (review of certain provisions of Part 6);
the provisions of this Part (including this section).
An order under subsection (1) may—
appoint different days for different purposes;
make transitional provision and savings.
This Act may be cited as the Energy Act 2013.