Energy Bill (HC Bill 100)

Supplementary

86 Reporting requirements of Secretary of State

(1) 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
5of the Secretary of State’s powers under this Part during the year.

(2) The Secretary of State must lay a copy of any such report before Parliament.

87 Notices etc

(1) 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.

(2) 10A notice to the person must be in writing.

(3) A notice may be given by—

(a) delivering it to the person,

(b) leaving it at the person’s proper address,

(c) sending it by post to the person at that address, or

(d) 15in 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).

(4) A notice may—

(a) in the case of a body corporate, be given in accordance with subsection
20(3) to a director, manager, secretary or other similar officer of the body
corporate, and

(b) 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.

(5) 25For 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—

(a) 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;

(b) 30in 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;

(c) in any other case, the last known address of the person to whom the
notice is to be given.

(6) 35For 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.

(7) Subsection (8) applies if—

(a) a person has specified an address in the United Kingdom as one at
40which the person, or someone on the person’s behalf, will accept
documents of the same description as a notice, and

(b) the address so specified is not the person’s proper address (as
determined under subsection (5)).

(8) 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.

(9) A notice that is to be given to the owner or occupier of any premises may be
5given by—

(a) sending it by post to the person at those premises, or

(b) 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.

(10) 10If 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—

(a) addressing it by the description “owner” or “occupier” of the premises
to which the notice relates (and describing the premises), and

(b) 15delivering it to some responsible person who is or appears to be
resident or employed there.

(11) 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.

(12) This section is subject to provision made in regulations under this Part in
20respect of notices given under the regulations.

(13) In this section—

• “director”, in relation to a body corporate whose affairs are managed by
  its members, means a member of the body corporate;

• “employed” has the same meaning as in the 1974 Act;

• 25“relevant provision” means any of the relevant statutory provisions other
  than a provision of the Nuclear Safeguards Act 2000;

and references to giving a notice include similar expressions (such as serving
or sending).

88 Electronic delivery of notices etc

(1) 30This section applies where—

(a) section 87 authorises the giving of a notice or other document by its
delivery to a particular person (“the recipient”), and

(b) the notice or other document is transmitted to the recipient—

(i) by means of an electronic communications network, or

(ii) 35by other means but in a form that requires the use of apparatus
by the recipient to render it intelligible.

(2) The transmission has effect for the purposes of section 87 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
40the notice or other document in the form and manner used.

(3) An indication to the sender for the purposes of subsection (2)—

(a) must be given to the sender in such manner as the sender may require,

(b) may be a general indication or an indication that is limited to notices or
other documents of a particular description,

(c) 45must state the address to be used,

(d) must be accompanied by such other information as the sender requires
for the making of the transmission, and

(e) may be modified or withdrawn at any time by a notice given to the
sender in such manner as the sender may require.

(4) 5In 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 87.

89 Crown application: Part 2

(1) Subject as follows, this Part, and regulations made under it, bind the Crown.

(2) 10Part 2 of Schedule 8 (inspectors: improvement and prohibition notices) does
not bind the Crown.

(3) Any other provision of, or of regulations under, this Part under which a person
may be prosecuted for an offence—

(a) does not bind the Crown, but

(b) 15applies to persons in the public service of the Crown as it applies to
other persons.

(4) So far as it applies to nuclear regulations, subsection (3) is subject to any
provision made by those regulations.

(5) For the purposes of this Part and regulations made under this Part, persons in
20the 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).

(6) The Secretary of State may, by order—

(a) 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
25extent;

(b) amend any provision of sections 48 to 53 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.

(7) Provision that may be made under subsection (6) includes in particular
30provision altering whether, or the extent to which, any of the ONR’s purposes
relates to—

(a) sites or premises used or occupied by the Crown,

(b) sites controlled or occupied to any extent for defence purposes (within
the meaning of section 50), or

(c) 35transport for those purposes.

(8) 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).

90 Interpretation of Part 2

(1) 40In this Part—

• “the 1974 Act” means the Health and Safety at Work etc. Act 1974;

• “approved code of practice” has the meaning given by section 59(7);

• “financial year”, in relation to the ONR, has the meaning given by
  paragraph 28 of Schedule 7;

Energy BillPage 73

• “health and safety inspector” means a person appointed by the ONR
  under section 19 of the 1974 Act;

• “improvement notice” has the meaning given by paragraph 3(2) of
  Schedule 8;

• 5“inspector” means an inspector appointed under Part 1 of Schedule 8
  (unless otherwise specified);

• “member of staff”, in relation to the ONR, is to be read in accordance with
  paragraph 2(2) of Schedule 7;

• “modify” includes amend, repeal or revoke (and “modification” is to be
  10read accordingly);

• “nuclear regulations” has the meaning given by section 54(1);

• “nuclear site” means—

  (a)

  a site in respect of which a nuclear site licence is in force, or

  (b)

  a site in respect of which a period of responsibility has not
  15ended;

• “nuclear site licence” has the same meaning as in the Nuclear Installations
  Act 1965 (see section 1 of that Act);

• “ONR” means the Office for Nuclear Regulation;

• “ONR inquiry” has the meaning given by section 64(2);

• 20“period of responsibility”, in relation to a site, means the period of
  responsibility (within the meaning given in section 5 of the Nuclear
  Installations Act 1965 (revocation and surrender of licences)) in respect
  of a nuclear site licence granted at any time in respect of the site;

• “personal injury” includes—

  (a)

  25any disease, and

  (b)

  any impairment of a person’s physical or mental condition;

• “prohibition notice” has the meaning given by paragraph 4(2) of Schedule
  8;

• “regulatory function”, in relation to the ONR, means—

  (a)

  30a function of giving or revoking permission or approval in
  relation to any material, premises or activity;

  (b)

  a function of imposing conditions or requirements in relation to
  any material, premises or activity;

  (c)

  a function, other than a function under section 63
  35(investigations), which relates to securing, monitoring or
  investigating compliance with conditions or requirements
  (however imposed) in relation to any material, premises or
  activity;

  (d)

  a function which relates to the enforcement of such
  40requirements;

• “relevant power” has the meaning given by paragraph 2 of Schedule 8;

• “relevant statutory provisions” has the meaning given by section 61(2)
  (unless otherwise specified).

(2) The following apply for the purposes of this Part as they apply for the purposes
45of Part 1 of the 1974 Act—

(a) section 52(1) of that Act (meaning of “work” and “at work”);

(b) the power conferred by section 52(2)(a) of that Act to extend the
meaning of “work” and “at work”.

91 Subordinate legislation under Part 2

(1) Any power to make subordinate legislation under this Part is exercisable by
statutory instrument.

(2) An instrument containing—

(a) 5nuclear regulations which amend or repeal any provision of the
Nuclear Safeguards Act 2000 (whether or not it includes other
provision), or

(b) an order under section 89,

may not be made unless a draft of the instrument has been laid before and
10approved by a resolution of each House of Parliament.

(3) 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.

(4) An instrument containing any other subordinate legislation under this Part is
15subject to annulment in pursuance of a resolution of either House of
Parliament.

(5) Any power to make subordinate legislation under this Part includes power—

(a) to make different provision for different cases;

(b) to make provision for some cases only or subject to exceptions;

(c) 20to make provision generally or only in particular respects.

(6) Any subordinate legislation under this Part may include—

(a) consequential, incidental or supplementary provision;

(b) transitional, transitory or saving provision.

(7) In this section “subordinate legislation” means an Order in Council, an order
25or regulations.

92 Transitional provision etc

(1) 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.

(2) 30The provision which may be made by virtue of subsection (1) includes
provision modifying any provision made by—

(a) primary legislation passed before the end of the session in which this
Act was passed, or

(b) an instrument made before the end of that session.

(3) 35Provision made under this section is additional, and without prejudice, to that
made by or under any other provision of this Act.

93 Transfer of staff etc

Schedule 11 (which makes provision about schemes to transfer staff etc to the
ONR) has effect.

94 Minor and consequential amendments

(1) Schedule 12 (minor and consequential amendments related to Part 2) has
effect.

(2) The Secretary of State may by order make such modifications of—

(a) 5primary legislation passed before the end of the session in which this
Act is passed, or

(b) an instrument made before the end of that session,

as the Secretary of State considers appropriate in consequence of this Part.

95 Application of Part 2

(1) 10Her 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.

(2) Such an Order in Council may—

(a) 15provide for any provisions of this Part to apply subject to modifications;

(b) provide for any of those provisions, as applied by the Order, to apply—

(i) in relation to individuals, whether or not they are British
citizens, and

(ii) in relation to bodies corporate, whether or not they are
20incorporated under the law of a part of the United Kingdom;

(c) make provision for conferring jurisdiction on a specified court or courts
of a specified description in respect of—

(i) offences under this Part committed outside the United
Kingdom, or

(ii) 25causes of action under section 56 in respect of acts or omissions
that occur outside the United Kingdom;

(d) 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;

(e) 30exclude 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.

(3) In this section “specified”, in relation to an Order in Council, means specified
35in the Order.

(4) 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.

96 Review of Part 2

(1) 40As soon as reasonably practicable after the end of the period of 5 years
beginning with the day on which section 57 comes into force, the Secretary of
State must carry out a review of the provisions of this Part.

(2) The Secretary of State must set out the conclusions of the review in a report.

(3) The report must, in particular—

(a) set out the objectives of the provisions of this Part,

(b) assess the extent to which those objectives have been achieved, and

(c) assess whether those objectives remain appropriate and, if so, the
extent to which those objectives could be achieved in a way that
5imposes less regulation.

(4) The Secretary of State must lay the report before Parliament.

Part 3 Government Pipe-line and Storage System

97 Meaning of “government pipe-line and storage system”

(1) 10In 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.

(2) This subsection applies to any oil installations—

(a) 15which are government war works, within the meaning of the
Requisitioned Land and War Works Act 1945, or

(b) 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.

(3) This subsection applies to any oil installations which have been, are being or
20are 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.

(4) 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.

(5) 25This subsection applies to any other oil installations or other property—

(a) relating to oil installations to which subsection (2) or (3) applies, or

(b) relating to anything to which subsection (4) applies.

(6) In this section—

• “the 1958 Act” means the Land Powers (Defence) Act 1958;

• 30“oil installations” has the meaning given by section 25(1) of that Act.

98 Rights in relation to the government pipe-line and storage system

(1) 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.

(2) The Secretary of State may remove, replace or renew the system or any part of
35it.

(3) The Secretary of State may restore land if the system or any part of it has been
removed or abandoned.

(4) 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.

(5) 40The rights conferred by this section include in particular the right—

(a) 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;

(b) to erect and maintain stiles, gates, bridges or culverts for the facilitation
of access to the system or any part of it;

(c) 5to construct works for the facilitation of maintenance or inspection, or
protection from damage, of the system or any part of it;

(d) 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.

99 10Right of entry

(1) For the purpose of exercising a right conferred by section 98, the Secretary of
State may enter—

(a) any land on or under which is situated any part of the government
pipe-line and storage system, or

(b) 15any land which is held with that land.

(2) 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.

(3) 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”)
20so far as it is necessary to do so for that purpose.

(4) 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.

(5) 25Except in an emergency the rights conferred by this section may be exercised
only—

(a) at a reasonable time and with the consent of the occupier of the land, or

(b) under the authority of a warrant (see section 100).

(6) “An emergency” means that urgent action is required to prevent or limit
30serious damage to health or to the environment.

(7) The rights conferred by this section do not include a right to enter premises
used wholly or mainly as a private dwelling house.

100 Warrants for the purposes of section 99

(1) A justice of the peace or, in Scotland, a sheriff, may issue a warrant to authorise
35entry on to land in the exercise of a right conferred by section 99 (including
such a right exercisable by virtue of provision made by or under section 103).

(2) The justice of the peace or the sheriff must be satisfied, on information on
oath—

(a) that—

(i) 40at least 7 days’ notice of intention to apply for a warrant has
been given to the occupier of the land,

(ii) the occupier cannot be found, or

(iii) urgent action is required to prevent or limit serious damage to
health or to the environment,

(b) (except where the occupier cannot be found) that entry to the land has
been or is likely to be refused, and

(c) that there are reasonable grounds for exercising the right.

(3) A warrant under this section may authorise the use of reasonable force.

(4) 5It 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.

(5) In the application of this section to Scotland the reference to information on
10oath is to be read as a reference to evidence on oath.

101 Registration of rights

(1) In this section a “GPSS right” is a right conferred by section 98, 99 or 103(1).

(2) A GPSS right in respect of any land—

(a) is not subject to any enactment requiring the registration or recording
15of interests in, charges over or other obligations affecting land;

(b) binds any person who is at any time the owner or occupier of the land.

(3) 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).

(4) 20For 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.

(5) 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.

102 25Compensation

(1) 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 98, 99 or 103.

(2) A “relevant interest” means an interest in land which—

(a) 30comprises, or is held with, land in respect of which a right conferred by
section 98, 99 or 103 is exercisable, and

(b) subsisted at the time of the coming into force of the section.

(3) The amount of compensation payable under subsection (1) is the amount that
is equal to the amount of the depreciation.

(4) 35If 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 98 or 99, the person on whose behalf
the right is exercised must pay compensation in respect of that loss.

(5) Any dispute about entitlement to, or amount of, compensation under this
40section is to be determined by—

(a) in the application of this Act to England and Wales, the Upper Tribunal;

(b) in the application of this Act to Scotland, the Lands Tribunal for
Scotland.

(6) In relation to the assessment of compensation under subsection (1)—

(a) for the purposes of an interest in land in England and Wales and the
5application 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;

(b) 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
10(value of land) the valuation must be made as at the date the section
concerned comes into force.

103 Right to transfer the government pipe-line and storage system

(1) The Secretary of State may—

(a) sell or lease the government pipe-line and storage system or any part of
15it;

(b) transfer for valuable consideration or otherwise the ownership of the
system or any part of it;

(c) 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
20otherwise);

(d) transfer any liability relating to the system or any part of it.

(2) 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.

104 Application of the Pipe-lines Act 1962

(1) 25Subsection (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.

(2) 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.

(3) 30The following sections of that Act, namely—

(a) section 10 (provisions for securing that a pipe-line is so used as to
reduce necessity for construction of others),

(b) section 36 (notification of abandonment, cesser of use and resumption
of use of pipe-lines or lengths thereof),

35apply in relation to any such part as if it were a pipe-line constructed pursuant
to a pipe-line construction authorisation.

(4) Section 40(2) of that Act (application of the electronic communications code)
applies—

(a) for the purposes of GPSS works as it applies for the purposes of works
40in pursuance of a compulsory rights order,

(b) to a person executing GPSS works as it applies to a person authorised
to execute works in pursuance of such an order.

(5) In subsection (4) “GPSS works” means—