Energy Bill

House of Commons

Session 2013 - 14
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Energy Bill

Energy Bill
Part 3 — Nuclear Regulation
Chapter 5 — Supplementary
77

95
Subordinate legislation under Part 3
(1)
Any power to make subordinate legislation under this Part is exercisable by
statutory instrument.
(2)
An instrument containing—
(a)
nuclear regulations which amend or repeal any provision of the
5
Nuclear Safeguards Act 2000 (whether or not it includes other
provision), or
(b)
an order under section 93,

may not be made unless a draft of the instrument has been laid before and
approved by a resolution of each House of Parliament.
10
(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
subject to annulment in pursuance of a resolution of either House of
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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)
to make provision generally or only in particular respects.
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(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
or regulations.
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(8)
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 (6)(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
30
include power to alter the effect of the provision in relation to a site in Northern
Ireland).
96
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
35
connection with, this Part.
(2)
The provision which may be made by virtue of subsection (1) includes, in
particular—
(a)
provision modifying any provision made by—
(i)
primary legislation passed before the end of the session in
40
which this Act was passed, or
(ii)
an instrument made before the end of that session;
(b)
provision for treating any regulations within subsection (3) as relevant
statutory provisions (or as relevant statutory provisions of a particular
description).
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Energy Bill
Part 3 — Nuclear Regulation
Chapter 5 — Supplementary
78

(3)
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—
(a)
the nuclear safety purposes;
(b)
the nuclear security purposes;
5
(c)
the nuclear safeguards purposes;
(d)
the transport purposes.
(4)
The provisions mentioned in subsection (3) are—
(a)
section 2(2) of the European Communities Act 1972 (general
implementation of Treaties);
10
(b)
section 15 of the 1974 Act (health and safety regulations);
(c)
section 43 of that Act (fees);
(d)
section 3 of the Nuclear Safeguards Act 2000 (identifying persons who
have information);
(e)
section 77 of the Anti-terrorism, Crime and Security Act 2001
15
(regulation of security of civil nuclear industry).
(5)
Provision made under this section is additional, and without prejudice, to that
made by or under any other provision of this Act.
97
Transfer of staff etc
Schedule 11 (which makes provision about schemes to transfer staff etc to the
20
ONR) has effect.
98
Minor and consequential amendments
(1)
Schedule 12 (minor and consequential amendments related to Part 3) has
effect.
(2)
The Secretary of State may by order make such modifications of—
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(a)
primary 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.
99
Application of Part 3
30
(1)
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.
(2)
Such an Order in Council may—
35
(a)
provide 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
40
incorporated 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—

Energy Bill
Part 4 — Government Pipe-line and Storage System
79

(i)
offences under this Part committed outside the United
Kingdom, or
(ii)
causes of action under section 60 in respect of acts or omissions
that occur outside the United Kingdom;
(d)
make provision for questions arising out of any acts or omissions
5
mentioned in paragraph (c)(ii) to be determined in accordance with the
law in force in any specified part of the United Kingdom;
(e)
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
10
United Kingdom.
(3)
In this section “specified”, in relation to an Order in Council, means specified
in 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
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virtue of an Order in Council under this section.
100
Review of Part 3
(1)
As soon as reasonably practicable after the end of the period of 5 years
beginning with the day on which section 61 comes into force, the Secretary of
State must carry out a review of the provisions of this Part.
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(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
25
extent to which those objectives could be achieved in a way that
imposes less regulation.
(4)
The Secretary of State must lay the report before Parliament.
Part 4
Government Pipe-line and Storage System
30
101
Meaning of “government pipe-line and storage system”
(1)
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.
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(2)
This subsection applies to any oil installations—
(a)
which 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.
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(3)
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.

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(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)
This subsection applies to any other oil installations or other property—
(a)
relating to oil installations to which subsection (2) or (3) applies, or
5
(b)
relating to anything to which subsection (4) applies.
(6)
In this section—
“the 1958 Act” means the Land Powers (Defence) Act 1958;
“oil installations” has the meaning given by section 25(1) of that Act.
102
Rights in relation to the government pipe-line and storage system
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(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
it.
(3)
The Secretary of State may restore land if the system or any part of it has been
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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)
The rights conferred by this section include in particular the right—
(a)
to place, continue or renew markers for indicating the position of the
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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)
to construct works for the facilitation of maintenance or inspection, or
protection from damage, of the system or any part of it;
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(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.
103
Right of entry
(1)
For the purpose of exercising a right conferred by section 102, the Secretary of
30
State may enter—
(a)
any land on or under which is situated any part of the government
pipe-line and storage system, or
(b)
any land which is held with that land.
(2)
The right conferred by subsection (1) is a right to enter on foot or with vehicles
35
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”)
so 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
40
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.

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Part 4 — Government Pipe-line and Storage System
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(5)
Except 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 104).
(6)
“An emergency” means that urgent action is required to prevent or limit
5
serious 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.
104
Warrants for the purposes of section 103
(1)
A justice of the peace or, in Scotland, a sheriff, may issue a warrant to authorise
10
entry on to land in the exercise of a right conferred by section 103 (including
such a right exercisable by virtue of provision made by or under section 107).
(2)
The justice of the peace or the sheriff must be satisfied, on information on
oath—
(a)
that—
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(i)
at 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,
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(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)
It is an offence for a person intentionally to obstruct the exercise of any right
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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
oath is to be read as a reference to evidence on oath.
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105
Registration of rights
(1)
In this section a “GPSS right” is a right conferred by section 102, 103 or 107(1).
(2)
A GPSS right in respect of any land—
(a)
is not subject to any enactment requiring the registration or recording
of interests in, charges over or other obligations affecting land;
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(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)
For the purposes of the operation in relation to a GPSS right of the duty under
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that subsection to register a local land charge, the Secretary of State is the
originating authority.

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Part 4 — Government Pipe-line and Storage System
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(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.
106
Compensation
(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
5
reason of the coming into force of section 102, 103 or 107.
(2)
A “relevant interest” means an interest in land which—
(a)
comprises, or is held with, land in respect of which a right conferred by
section 102, 103 or 107 is exercisable, and
(b)
subsisted at the time of the coming into force of the section.
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(3)
The amount of compensation payable under subsection (1) is the amount that
is equal to the amount of the depreciation.
(4)
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 102 or 103, the person on whose
15
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
section 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
20
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
application of section 5A of the Land Compensation Act 1961 (relevant
valuation date) the “relevant valuation date” is the date on which the
25
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
(value of land) the valuation must be made as at the date the section
concerned comes into force.
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107
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
it;
(b)
transfer for valuable consideration or otherwise the ownership of the
35
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
otherwise);
(d)
transfer any liability relating to the system or any part of it.
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(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.