(2) A 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) 5sending 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
premises (whether or not a body corporate), in accordance with
subsection (9), (10) or (11).

(4) A notice may—

(a) 10in 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
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
15partnership business or, in Scotland, the firm.

(5) For 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
20body, 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
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
25notice is to be given.

(6) For 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) 30a person has specified an address in the United Kingdom as one at
which 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) 35The 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—

(a) 40sending 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
45ascertained 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
resident or employed there.

(11) 5If 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.

(13) In this section—

• 10“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
  than a provision of the Nuclear Safeguards Act 2000;

15and references to giving a notice include similar expressions (such as serving
or sending).

101 Electronic delivery of notices etc

(1) This section applies where—

(a) section 100 authorises the giving of a notice or other document by its
20delivery 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
by the recipient to render it intelligible.

(2) 25The transmission has effect for the purposes of section 100 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.

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

(a) 30must 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,

(d) must be accompanied by such other information as the sender requires
35for 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
in the Communications Act 2003; and the reference to giving a notice is to be
40read in accordance with section 100.

102 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
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
5other 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
10or 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;

(b) 15amend any provision of sections 60 to 65 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
20relates 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 62), or

(c) transport for those purposes.

(8) 25Nothing in this section authorises proceedings to be brought against Her
Majesty in her private capacity (within the meaning of the Crown Proceedings
Act 1947).

103 Interpretation of Part 3

(1) In this Part—

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

• “approved code of practice” has the meaning given by section 71(7);

• “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
  35under 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
  (unless otherwise specified);

• 40“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);

• “nuclear regulations” has the meaning given by section 66(1);

• 45“nuclear site” means—

  (a)

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

  Energy BillPage 83

  (b)

  a 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);

• 5“ONR” means the Office for Nuclear Regulation;

• “ONR inquiry” has the meaning given by section 76(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
  10of a nuclear site licence granted at any time in respect of the site;

• “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
  158;

• “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;

  (b)

  a function of imposing conditions or requirements in relation to
  20any material, premises or activity;

  (c)

  a function, other than a function under section 75
  (investigations), which relates to securing, monitoring or
  investigating compliance with conditions or requirements
  (however imposed) in relation to any material, premises or
  25activity;

  (d)

  a function which relates to the enforcement of such
  requirements;

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

• “relevant statutory provisions” has the meaning given by section 73(2)
  30(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) 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
35meaning of “work” and “at work”.

104 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) 40nuclear 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 102,

may not be made unless a draft of the instrument has been laid before and
45approved 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
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) 5to 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) 10transitional, 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
15provisions, 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).

105 20Transitional 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
25particular—

(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) 30provision 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
35respect 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) 40The 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) 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
(regulation of security of civil nuclear industry).

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

106 Transfer of staff etc

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

107 10Minor 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—

(a) primary legislation passed before the end of the session in which this
15Act 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) The power in subsection (2) includes power to make modifications of—

(a) paragraphs 16 to 29 of Schedule 12 (amendments of the Nuclear
20Installations Act 1965), or

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

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

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

(b) 25only 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
section 76 of the Energy Act 2004 (amendments for giving effect to
international obligations).

108 30Application 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,
substances or other matters, outside the United Kingdom as they apply within
the United Kingdom or a specified part of the United Kingdom.

(2) 35Such 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) in relation to individuals, whether or not they are British
citizens, and

(ii) 40in 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
of a specified description in respect of—

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

(ii) causes of action under section 68 in respect of acts or omissions
that occur outside the United Kingdom;

(d) 5make 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
10for 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
15any provision of, or made under, this Part which so applies otherwise than by
virtue of an Order in Council under this section.

109 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 69 comes into force, the Secretary of
20State 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) 25assess whether those objectives remain appropriate and, if so, the
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 30Government Pipe-line and Storage System

110 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
35purposes of such property.

(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
40the Requisitioned Land and War Works Act 1948.

(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.

(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) 5relating 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;

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

111 10Rights 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
it.

(3) 15The 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) The rights conferred by this section include in particular the right—

(a) 20to 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) to construct works for the facilitation of maintenance or inspection, or
25protection 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.

112 Right of entry

(1) 30For the purpose of exercising a right conferred by section 111, 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) any land which is held with that land.

(2) 35The 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”)
so far as it is necessary to do so for that purpose.

(4) 40But 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) 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 113).

(6) 5“An emergency” means that urgent action is required to prevent or limit
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.

113 Warrants for the purposes of section 112

(1) 10A justice of the peace or, in Scotland, a sheriff, may issue a warrant to authorise
entry on to land in the exercise of a right conferred by section 112 (including
such a right exercisable by virtue of provision made by or under section 116).

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

(a) 15that—

(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
20health 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) 25It 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
30oath is to be read as a reference to evidence on oath.

114 Registration of rights

(1) In this section a “GPSS right” is a right conferred by section 111, 112 or 116(1).

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

(a) is not subject to any enactment requiring the registration or recording
35of 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) 40For 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.

115 Compensation

(1) The Secretary of State must pay compensation to a person who proves that the
5value of a relevant interest to which the person is entitled is depreciated by
reason of the coming into force of section 111, 112 or 116.

(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 111, 112 or 116 is exercisable, and

(b) 10subsisted 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) 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
15exercise of any right conferred by section 111 or 112, 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) in the application of this Act to England and Wales, the Upper Tribunal;

(b) 20in 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
application of section 5A of the Land Compensation Act 1961 (relevant
25valuation 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
(value of land) the valuation must be made as at the date the section
30concerned comes into force.

116 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) 35transfer 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
otherwise);

(d) 40transfer 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.