Energy Bill (HL Bill 30)

(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
relates to—

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

(b) 5sites controlled or occupied to any extent for defence purposes (within
the meaning of section 59), or

(c) transport 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
10Act 1947).

100 Interpretation of Part 3

(1) In 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 68(7);

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

• “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
  20Schedule 8;

• “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;

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

• “nuclear regulations” has the meaning given by section 63(1);

• “nuclear site” means—

  (a)

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

  (b)

  30a site in respect of which a period of responsibility has not
  ended;

• “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;

• 35“ONR inquiry” has the meaning given by section 73(2);

• “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;

• 40“personal injury” includes—

  (a)

  any 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;

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

  (a)

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

  Energy BillPage 81

  (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 72
  (investigations), which relates to securing, monitoring or
  5investigating 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;

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

• “relevant statutory provisions” has the meaning given by section 70(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—

(a) 15section 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”.

101 Subordinate legislation under Part 3

(1) Any power to make subordinate legislation under this Part is exercisable by
20statutory instrument.

(2) An instrument containing—

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

(b) 25an order under section 99,

may not be made unless a draft of the instrument has been laid before and
approved 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
30has 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
Parliament.

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

(a) 35to 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.

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

(a) consequential, incidental or supplementary provision;

(b) 40transitional, transitory or saving provision.

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

(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
45provisions, 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
include power to alter the effect of the provision in relation to a site in Northern
Ireland).

102 5Transitional 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) The provision which may be made by virtue of subsection (1) includes, in
10particular—

(a) provision modifying any provision made by—

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

(ii) an instrument made before the end of that session;

(b) 15provision for treating any regulations within subsection (3) as relevant
statutory provisions (or as relevant statutory provisions of a particular
description).

(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
20respect of functions which relate to, any of the following purposes—

(a) the nuclear safety purposes;

(b) the nuclear security purposes;

(c) the nuclear safeguards purposes;

(d) the transport purposes.

(4) 25The provisions mentioned in subsection (3) are—

(a) section 2(2) of the European Communities Act 1972 (general
implementation of Treaties);

(b) section 15 of the 1974 Act (health and safety regulations);

(c) section 43 of that Act (fees);

(d) 30section 3 of the Nuclear Safeguards Act 2000 (identifying persons who
have information);

(e) section 77 of the Anti-terrorism, Crime and Security Act 2001
(regulation of security of civil nuclear industry).

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

103 Transfer of staff etc

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

104 Minor and consequential amendments

(1) 40Schedule 12 (minor and consequential amendments related to Part 3) has
effect.

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

(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.

(3) 5The power in subsection (2) includes power to make modifications of—

(a) paragraphs 16 to 29 of Schedule 12 (amendments of the Nuclear
Installations Act 1965), or

(b) the provisions of the Nuclear Installations Act 1965 that are amended
by those paragraphs.

(4) 10The power conferred by virtue of subsection (3) is exercisable—

(a) before or after the date on which those paragraphs come into force, and

(b) 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
15section 76 of the Energy Act 2004 (amendments for giving effect to
international obligations).

105 Application of Part 3

(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,
20substances 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) 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) 25in relation to individuals, whether or not they are British
citizens, and

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

(c) make provision for conferring jurisdiction on a specified court or courts
30of a specified description in respect of—

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

(ii) causes of action under section 65 in respect of acts or omissions
that occur outside the United Kingdom;

(d) 35make 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) exclude from the operation of section 3 of the Territorial Waters
Jurisdiction Act 1878 (consents required for prosecutions) proceedings
40for 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
in the Order.

(4) Nothing in this section affects the application outside the United Kingdom of
45any provision of, or made under, this Part which so applies otherwise than by
virtue of an Order in Council under this section.

106 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 66 comes into force, the Secretary of
State must carry out a review of the provisions of this Part.

(2) 5The 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
10extent 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

107 15Meaning 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.

(2) 20This 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.

(3) 25This 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.

(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
30Act.

(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

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

(6) In this section—

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

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

108 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) 40The 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
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) 5The 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) 10to 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.

109 15Right of entry

(1) For the purpose of exercising a right conferred by section 108, 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) 20any 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”)
25so 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) 30Except 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 110).

(6) “An emergency” means that urgent action is required to prevent or limit
35serious 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.

110 Warrants for the purposes of section 109

(1) A justice of the peace or, in Scotland, a sheriff, may issue a warrant to authorise
40entry on to land in the exercise of a right conferred by section 109 (including
such a right exercisable by virtue of provision made by or under section 113).

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

(a) that—

(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) 5urgent 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) 10A 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
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) 15In the application of this section to Scotland the reference to information on
oath is to be read as a reference to evidence on oath.

111 Registration of rights

(1) In this section a “GPSS right” is a right conferred by section 108, 109 or 113(1).

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

(a) 20is not subject to any enactment requiring the registration or recording
of 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
25Local 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
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
30Register of Scotland or recorded in the Register of Sasines.

112 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
reason of the coming into force of section 108, 109 or 113.

(2) 35A “relevant interest” means an interest in land which—

(a) comprises, or is held with, land in respect of which a right conferred by
section 108, 109 or 113 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
40is 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 108 or 109, 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
section is to be determined by—

(a) 5in 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
10application 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
15(value of land) the valuation must be made as at the date the section
concerned comes into force.

113 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
20it;

(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
25otherwise);

(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.

114 Application of the Pipe-lines Act 1962

(1) 30Subsection (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) 35The 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),

40apply 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
45in 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—

(a) works for inspecting, maintaining, adjusting, repairing, altering or
5renewing the government pipe-line and storage system or any part of
it;

(b) works for changing the position of the system or any part of it;

(c) works for removing the system or any part of it;

(d) breaking up or opening land for the purpose of works falling within
10paragraph (a), (b) or (c), or tunnelling or boring for that purpose;

(e) other works incidental to anything falling within paragraph (a), (b), (c)
or (d).

(6) 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
151962 (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”.

115 Rights apart from Part 4

(1) Nothing in this Part affects any other rights of the Secretary of State in relation
20to 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).

(2) For the purposes of sections 108, 109 and 113, it is immaterial whether a right
corresponding to a right conferred by the section was exercisable by the
25Secretary of State before the coming into force of the section.

116 Repeals

(1) The provisions mentioned in subsection (2) cease to have effect.

(2) The provisions are—

(a) section 12 of the Requisitioned Land and War Works Act 1948
30(permanent power to maintain government oil pipe-lines);

(b) section 13 of that Act (compensation in respect of government oil pipe-
lines);

(c) section 14 of that Act (registration of rights as to government oil pipe-
lines);

(d) 35section 15 of that Act (supplementary provisions as to government oil
pipe-lines);

(e) section 12 of the Land Powers (Defence) Act 1958 (extension of
provisions of Requisitioned Land and War Works Acts).

117 Power to dissolve the Oil and Pipelines Agency by order

(1) 40The Secretary of State may provide by order for—

(a) the repeal of the Oil and Pipelines Act 1985;

(b) the dissolution of the Oil and Pipelines Agency.

(2) 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”).

(3) Schedule 13 makes further provision about any transfer scheme under
5subsection (2).

(4) An order under this section may—

(a) include incidental, supplementary and consequential provision;

(b) make transitory or transitional provision or savings;

(c) make different provision for different cases or circumstances or for
10different purposes;

(d) make provision subject to exceptions.

(5) 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.

118 15Crown application: Part 4

(1) This Part binds the Crown.

(2) No contravention by the Crown of section 110(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
20contravention.

(3) But subsection (2) does not affect the criminal liability of persons in the service
of the Crown.

Part 5 Strategy and Policy Statement

119 25Designation of statement

(1) 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 123
are satisfied (consultation and Parliamentary procedural requirements).

(2) The strategy and policy statement is a statement prepared by the Secretary of
30State that sets out—

(a) the strategic priorities, and other main considerations, of Her Majesty’s
government in formulating its energy policy for Great Britain
(“strategic priorities”),

(b) the particular outcomes to be achieved as a result of the
35implementation of that policy (“policy outcomes”), and

(c) the roles and responsibilities of persons (whether the Secretary of State,
the Authority or other persons) who are involved in implementing that
policy or who have other functions that are affected by it.

(3) The Secretary of State must publish the strategy and policy statement
40(including any amended statement following a review under section 122) in
such manner as the Secretary of State considers appropriate.