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Energy Bill


Energy Bill
Part 3 — Nuclear Regulation
Chapter 5 — Supplementary

73

 

Supplementary

90      

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

of the Secretary of State’s powers under this Part during the year.

5

(2)   

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

91      

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)   

A notice to the person must be in writing.

10

(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)   

in the case of a notice to be given to the owner or occupier of any

15

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

(3) to a director, manager, secretary or other similar officer of the body

20

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)   

For the purposes of this section and section 7 of the Interpretation Act 1978

25

(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)   

in the case of a notice to be given to a partnership, a partner or a person

30

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)   

For the purposes of subsection (5), the principal office of a company registered

35

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

which the person, or someone on the person’s behalf, will accept

40

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)).

 
 

Energy Bill
Part 3 — Nuclear Regulation
Chapter 5 — Supplementary

74

 

(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

given by—

5

(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)   

If the name or address of an owner or occupier of premises cannot be

10

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)   

delivering it to some responsible person who is or appears to be

15

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

respect of notices given under the regulations.

20

(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;

“relevant provision” means any of the relevant statutory provisions other

25

than a provision of the Nuclear Safeguards Act 2000;

   

and references to giving a notice include similar expressions (such as serving

or sending).

92      

Electronic delivery of notices etc

(1)   

This section applies where—

30

(a)   

section 91 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)   

by other means but in a form that requires the use of apparatus

35

by the recipient to render it intelligible.

(2)   

The transmission has effect for the purposes of section 91 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.

40

(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)   

must state the address to be used,

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Energy Bill
Part 3 — Nuclear Regulation
Chapter 5 — Supplementary

75

 

(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)   

In this section “electronic communications network” has the same meaning as

5

in the Communications Act 2003; and the reference to giving a notice is to be

read in accordance with section 91.

93      

Crown application: Part 3

(1)   

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

(2)   

Part 2 of Schedule 8 (inspectors: improvement and prohibition notices) does

10

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)   

applies to persons in the public service of the Crown as it applies to

15

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

the service of the Crown are to be treated as employees of the Crown (whether

20

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

extent;

25

(b)   

amend any provision of sections 52 to 57 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

provision altering whether, or the extent to which, any of the ONR’s purposes

30

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 54), or

(c)   

transport for those purposes.

35

(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).

94      

Interpretation of Part 3

(1)   

In this Part—

40

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

“approved code of practice” has the meaning given by section 63(7);

“financial year”, in relation to the ONR, has the meaning given by

paragraph 28 of Schedule 7;

 
 

Energy Bill
Part 3 — Nuclear Regulation
Chapter 5 — Supplementary

76

 

“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;

“inspector” means an inspector appointed under Part 1 of Schedule 8

5

(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

read accordingly);

10

“nuclear regulations” has the meaning given by section 58(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

ended;

15

“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 68(2);

“period of responsibility”, in relation to a site, means the period of

20

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)   

any disease, and

25

(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)   

a function of giving or revoking permission or approval in

30

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 67

(investigations), which relates to securing, monitoring or

35

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

requirements;

40

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

“relevant statutory provisions” has the meaning given by section 65(2)

(unless otherwise specified).

(2)   

The following apply for the purposes of this Part as they apply for the purposes

of Part 1 of the 1974 Act—

45

(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”.

 
 

 
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