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| For other Amendment(s) see the following page(s):
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| Energy Bill Committee 59-68 |
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| Clause 29, page 15, line 36, leave out from ‘if’ to end of line 37 and insert ‘the body |
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| acting by virtue of section 4(2) is a holder of a licence to distribute electricity by virtue of |
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| section 6(1)(a) to (e) of the Electricity Act 1989.’. |
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| Clause 30, page 17, line 20, at end insert— |
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| | ‘(e) | the Secretary of State must report annually to Parliament on the |
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| | performance of the national system operator.’. |
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| Schedule 3, page 99, line 40, at end insert— |
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| | ‘(3A) | Provision by virtue of subsection (1)(c) must include provision about a panel |
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| | of independent experts to advise on the amounts to be paid; |
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| | (a) | a panel of independent experts must include a consumer |
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| | (b) | advice provided by a panel of independent experts must be laid before |
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| Schedule 3, page 100, line 4, at end insert— |
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| | ‘(c) | within three days of the contract being entered into.’. |
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| Schedule 3, page 100, line 27, leave out ‘in the opinion of the Secretary of State, |
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| materially’ and insert ‘in the opinion of the independent panel of experts,’. |
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| Schedule 3, page 100, line 44, leave out sub-paragraph (4). |
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| Schedule 3, page 103, line 15, leave out ‘may’ and insert ‘must’. |
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| Schedule 3, page 103, line 27, at end insert— |
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| | ‘(e) | an annual report by the Secretary of State laid before Parliament on the |
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| | impact of provisions under this section on consumer bills; |
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| | (f) | the issuing of notices exempting energy intensive industries from the |
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| | provisions under this section.’. |
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| Schedule 3, page 104, line 18, leave out sub-paragraph (4). |
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| Schedule 3, page 104, line 48, at end insert— |
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| | ‘(h) | for the information provided by virtue of sub-paragraphs (a) to (c) to |
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| | be laid before Parliament.’. |
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| Schedule 3, page 105, line 12, at end insert— |
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| | ‘() | Any advice offered or determinations made by virtue of this paragraph must be |
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| | laid before Parliament within one month of the offering of advice or making of |
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| Schedule 3, page 105, line 32, at end insert— |
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| | ‘(e) | any person who is a holder of a licence to supply electricity under |
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| | section 6(1)(d) of EA 1989, |
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| | (f) | any person who is a holder of a licence under Article 10(1)(b) or (c) of |
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| | the Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I.1)) |
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| | (transmission or supply licence), |
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| | (g) | the Committee on Climate Change, |
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| | (h) | the Panel of independent experts.’. |
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| Schedule 3, page 106, line 9, after ‘may’, insert ‘only’. |
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| Schedule 3, page 106, line 9, leave out ‘as well as consultation after,’. |
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| Schedule 3, page 106, line 38, at end insert— |
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| | ‘(4) | Provision by virtue of sub-paragraph (1) must be laid before Parliament within |
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| | three working days of any direction.’. |
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| Schedule 3, page 106, line 38, at end insert— |
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| | ‘() | Provision by virtue of sub-paragraph (3)(b) should be accompanied by a |
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| | statement to Parliament outlining the reasons for any variation or termination |
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| | of an investment contract.’. |
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| Schedule 3, page 107, line 7, at end insert— |
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| | ‘() | The Secretary of State must make a statement to Parliament setting out the |
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| | compatibility of sub-paragraph (1) with paragraph 14.’. |
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| Schedule 3, page 108, line 29, at end insert— |
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| | ‘() | Provision made by virtue of this paragraph must be laid before Parliament |
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| | before the agreement of any compensation. |
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| | () | The Secretary of State must set out the reasons why he/she believes the person |
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| | subject to a scheme by virtue of this paragraph has been adversely affected. |
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| | () | Provision made by virtue of this paragraph must identify the source of |
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| | compensation paid by the Secretary of State.’. |
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| Schedule 3, page 109, line 33, at end insert— |
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| | ‘(5) | The Secretary of State must report annually to Parliament on expenditure |
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| | incurred by virtue of subsection setting out— |
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| | (a) | the reason for the expenditure; |
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| | (b) | a statement by the Secretary of State on the value for money of this |
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| Clause 73, page 63, line 19, at end insert— |
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| | ‘( ) | advice given in a particular case.’. |
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| Clause 91, page 74, line 25, at end insert— |
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| | ‘( ) | In relation to any modification of a provision of, or made under, any of the |
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| | provisions of the Nuclear Installations Act 1965 that are relevant statutory |
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| | provisions, the power conferred by subsection (6)(a) includes power to extend the |
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| | modification to Northern Ireland for the purpose of ensuring that the text of the |
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| | provision is uniform throughout the United Kingdom (but does not include power |
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| | to alter the effect of the provision in relation to a site in Northern Ireland).’. |
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| Clause 92, page 74, line 31, leave out from beginning to end of line 34 and insert ‘, |
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| | (a) | provision modifying any provision made by— |
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| | (i) | primary legislation passed before the end of the session in which |
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| | (ii) | an instrument made before the end of that session; |
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| | (b) | provision for treating any regulations within subsection (1) as relevant |
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| | statutory provisions (or as relevant statutory provisions of a particular |
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| | (2A) | The regulations mentioned in subsection (2)(b) are regulations made under a |
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| | provision within subsection (2) so far as they relate to, or to fees payable in |
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| | respect of functions which relate to, any of the following purposes— |
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| | (a) | the nuclear safety purposes; |
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| | (b) | the nuclear security purposes; |
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| | (c) | the nuclear safeguards purposes; |
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| | (d) | the transport purposes. |
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| | (2B) | The provisions mentioned in subsection (1) are— |
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| | (a) | section 2(2) of the European Communities Act 1972 (general |
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| | implementation of Treaties); |
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| | (b) | section 15 of the 1974 Act (health and safety regulations); |
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| | (c) | section 43 of that Act (fees); |
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| | (d) | section 3 of the Nuclear Safeguards Act 2000 (identifying persons who |
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| | (e) | section 77 of the Anti-terrorism, Crime and Security Act 2001 |
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| | (regulation of security of civil nuclear industry).’. |
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| Clause 118, page 88, line 36, leave out ‘by, or by’ and insert ‘by or on behalf of, or |
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| Clause 124, page 94, line 37, after ‘paragraphs’ insert ‘16(3),’. |
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| Schedule 9, page 143, line 33, at end insert— |
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| | ‘ (1) | Paragraph 2 does not prohibit a disclosure of protected information which is |
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| | (a) | by the ONR, an inspector, a health and safety inspector or an ONR |
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| | (b) | for any of the purposes specified in section 17(2)(a) to (d) of the Anti- |
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| | terrorism, Crime and Security Act 2001 (criminal proceedings and |
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| | (2) | Section 18 of that Act (restriction on disclosure of information for overseas |
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| | purposes) has effect in relation to a disclosure authorised by sub-paragraph (1) |
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| | as it has effect in relation to a disclosure authorised by any of the provisions to |
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| | which section 17 of that Act applies.’. |
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| Schedule 12, page 155, line 10, at end insert— |
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| | ‘(d) | in paragraph (b), after sub-paragraph (ii) insert— |
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| | “(iii) | assigned to the Office of Rail |
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| | Regulation or the Office for Nuclear |
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| | Regulation for the purpose of |
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| | removing any uncertainty as to what |
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| | are by virtue of any of the relevant |
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| | statutory provisions their respective |
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| | responsibilities for the enforcement |
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| | of any of those provisions;”.’. |
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| Schedule 12, page 159, line 8, leave out from ‘months’ to ‘or’ in line 9. |
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| Schedule 12, page 166, line 16, at end insert— |
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| | ‘Explosives Act 1875 (c. 17) |
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| | 44A | The Explosives Act 1875 is amended as follows. |
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| | 44B | In section 61 (keeping and carriage of samples by an inspector appointed by |
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| | the Health and Safety Executive under section 19 of the 1974 Act), at the end |
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| | insert the following paragraph— |
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| | “ | The reference to an inspector appointed by the Health and Safety |
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| | Executive under section 19 of the Health and Safety at Work etc. Act |
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| | 1974 (“the 1974 Act”) is to be read, in relation to a relevant nuclear |
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| | site, as a reference to an inspector appointed by the Office for Nuclear |
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| | Regulation under that section. |
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| | | For this purpose a relevant nuclear site is one in relation to which the |
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| | Office for Nuclear Regulation has responsibility for the enforcement |
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| | of any of the relevant statutory provisions (within the meaning of Part |
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| | 1 of the 1974 Act) by virtue of section 18(1A) or (2) of the 1974 Act.” |
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| | 44C | In section 74 (seizure and detention of explosives liable to forfeiture), after |
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| | subsection (6) insert the following paragraph— |
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| | “ | In this section, any reference to an inspector appointed by the Health |
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| | and Safety Executive under section 19 of the Health and Safety at |
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| | Work etc. Act 1974 (“the 1974 Act”) is to be read, in relation to |
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| | anything found on a relevant nuclear site, as a reference to an inspector |
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| | appointed by the Office for Nuclear Regulation under that section. |
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| | | For this purpose a relevant nuclear site is one in relation to which the |
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| | Office for Nuclear Regulation has responsibility for the enforcement |
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| | of any of the relevant statutory provisions (within the meaning of Part |
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| | 1 of the 1974 Act) by virtue of section 18(1A) or (2) of the 1974 Act.” |
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| | Factories Act 1961 (c. 34) |
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| | 44D | In section 176(1) of the Factories Act 1961 (general interpretation), in the |
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| | definition of “inspector”, for the words from “means” to “and references” |
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| | substitute “, in relation to a factory, means an inspector appointed under |
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| | section 19 of the Health and Safety at Work etc. Act 1974 (“the 1974 Act”)— |
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| | (a) | in the case of a factory on a site in relation to which the Office |
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| | for Nuclear Regulation has responsibility for the enforcement of |
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| | any of the relevant statutory provisions (within the meaning of |
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| | Part 1 of the 1974 Act) by virtue of section 18(1A) or (2) of that |
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| | Act, by the Office for Nuclear Regulation; |
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| | (b) | in any other case, by the Health and Safety Executive, |
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| Schedule 12, page 167, line 18, at end insert— |
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| | ‘Electricity Act 1989 (c. 29) |
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| | 50A | The Electricity Act 1989 is amended as follows. |
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| | 50B(1) | Section 3C (health and safety) is amended as follows. |
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| | (2) | In subsection (1), for the words following “consult” substitute “— |
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| | (a) | the Health and Safety Executive about all electricity safety |
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| | (b) | the Office for Nuclear Regulation about all electricity safety |
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| | issues relating to nuclear sites (within the meaning of Part 2 of |
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| | | which may be relevant to the carrying out of their respective functions |
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| | (3) | In subsection (3), after “Health and Safety Executive” insert “or the Office for |
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| | 50C | In section 56C (references to the Competition Commission), in subsection |
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| | (6)(c), after “Health and Safety Executive” insert “, the Office for Nuclear |
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| Schedule 12, page 168, line 18, at end insert— |
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| | ‘Deregulation and Contracting Out Act 1994 (c. 40) |
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| | 58A(1) | Section 37 of the Deregulation and Contracting Out Act 1994 (power to repeal |
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| | certain health and safety provisions) is amended as follows. |
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| | (2) | In subsection (1), after paragraph (b) insert— |
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| | “(ba) | any of the relevant nuclear provisions, |
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| | (bb) | any provision of regulations under section 54 of the Energy |
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| | Act 2013 which has effect in place of any of the relevant |
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| | (3) | In subsection (2), after paragraph (ac) insert— |
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| | “(ad) | in the case of regulations under paragraph (ba) or (bb) of that |
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| | subsection, the Office for Nuclear Regulation,”. |
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| | (4) | In subsection (7) for “or (b)” substitute “(b), (ba) or (bb)”. |
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| | (5) | In subsection (9)(a), for “or (b)” substitute “(b), (ba) or (bb)”. |
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| | (6) | After subsection (9) insert— |
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| | “(10) | In subsection (1), “the relevant nuclear provisions” means— |
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| | (a) | sections 1, 3 to 6, 22 and 24A of the Nuclear Installations Act |
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| | (b) | any regulations made under any of those sections, |
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| | | so far as they have effect in England and Wales or Scotland.” ’. |
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| Schedule 12, page 169, line 6, at end insert— |
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| | 63A | The Energy Act 2004 is amended as follows. |
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| | 63B | In section 14 (annual reports), in subsection (3)(g), after “with” insert “the |
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| | Office for Nuclear Regulation,”. |
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| | 63C(1) | Schedule 2 (procedural requirements applicable to NDA’s strategy) is |
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| | (2) | In paragraph 4(2) (consultation by NDA), before paragraph (a) insert— |
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| | “(za) | the Office for Nuclear Regulation;”. |
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| | (3) | In paragraph 5(9) (approval of strategy), after paragraph (a) insert— |
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| | “(aa) | the Office for Nuclear Regulation;”. |
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| | 63D(1) | Schedule 3 (procedural requirements applicable to NDA’s annual plans) is |
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| | (2) | In paragraph 2(1) (consultation by NDA), before paragraph (a) insert— |
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| | “(za) | the Office for Nuclear Regulation;”. |
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| | (3) | In paragraph 3(8) (approval of annual plan), after paragraph (a) insert— |
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| | “(aa) | the Office for Nuclear Regulation;”.’. |
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