Energy Bill [HL]

House of Commons

Session 2003 - 04
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Other Bills before Parliament

Energy Bill [HL]

Energy Bill [HL]
Part 5 — Miscellaneous and Supplemental
150

(3)
Subject to subsection (4) of this section, this Act extends to Northern Ireland.
(4)
The following provisions of this Act do not extend to Northern Ireland—
(a)
Chapter 3 of Part 2 (with the exception of section 62 and paragraphs 1,
5, 6, 8, 10(1) and (2) and 11 of Schedule 14);
(b)
so much of Part 3 as amends the 1989 Act;
5
(c)
sections 91, 92 and 103; and
(d)
Part 4 (with the exception of section 148(5)).
(5)
Nothing in this Act shall impose any charge on the people or on public
funds, or vary the amount or incidence of or otherwise alter any such charge
in any manner, or affect the assessment, levying, administration or
10
application of any money raised by any such charge.

151
Energy Bill [HL]
Schedule 1 — The Nuclear Decommissioning Authority
Part 1 — Members and staff of NDA

Schedules
Schedule 1
Section 5

The Nuclear Decommissioning Authority
Part 1
Members and staff of NDA
5
Tenure of office by non-executive members
1     (1)
Subject to what follows, the chairman and each of the other non-executive
members is to hold and vacate office in accordance with the terms of his
appointment.
      (2)
Each appointment must state the period for which it is made.
10
      (3)
That period must not exceed five years; but a person is eligible for re-
appointment (on any number of occasions) from the end of a term of office.
      (4)
A non-executive member is not eligible to hold office as chief executive or
otherwise to be a member of the staff of the NDA.
      (5)
A non-executive member may at any time resign his office as the chairman
15
or as a member of the NDA (or both) by giving notice of his resignation to
the Secretary of State.
      (6)
If the Secretary of State is satisfied that sub-paragraph (7) applies to the
chairman or another non-executive member, the Secretary of State may, by
giving him notice to that effect, remove him from office.
20
      (7)
This sub-paragraph applies to a person if—
(a)
he is an undischarged bankrupt or has had his estate sequestrated
without being discharged;
(b)
he is subject to a bankruptcy restrictions order or an interim
bankruptcy restrictions order;
25
(c)
he has made an arrangement with his creditors, or has entered into a
trust deed for creditors, or has made a composition contract with his
creditors;
(d)
he has such a financial or other interest as is likely to affect
prejudicially the carrying out by him of his functions as a member of
30
the NDA;
(e)
he is unfit for office by reason of misbehaviour; or
(f)
he is otherwise incapable of carrying out, or unfit to carry out, the
functions of his office.
      (8)
Before exercising his power under sub-paragraph (6), the Secretary of State
35
must consult the Scottish Ministers.
      (9)
Oral notice is ineffective for the purposes of sub-paragraph (5) or (6).

Energy Bill [HL]
Schedule 1 — The Nuclear Decommissioning Authority
Part 1 — Members and staff of NDA
152

Remuneration and pensions of non-executive members
2     (1)
The NDA may pay—
(a)
to the chairman, and
(b)
to each of the other non-executive members,

such remuneration and allowances as the Secretary of State may determine.
5
      (2)
The NDA may pay, or make provision for paying—
(a)
to or in respect of the chairman, and
(b)
to or in respect of each of the other non-executive members,

such sums by way of pensions, allowances or gratuities as the Secretary of
State may determine.
10
      (3)
Where—
(a)
a person ceases, otherwise than on the expiry of his term of office, to
be a non-executive member, and
(b)
it appears to the Secretary of State that there are special
circumstances which make it right for him to receive compensation,
15

the NDA may make a payment to him of such amount as the Secretary of
State may determine.
Terms and conditions of executive members of the NDA
3     (1)
The chief executive is to hold office on such terms and conditions (including
terms and conditions as to remuneration) as the non-executive members
20
determine.
      (2)
Each of the other executive members (if any) is to hold office as a member,
on such terms and conditions (including terms and conditions as to
remuneration) as the non-executive members may determine in his case.
      (3)
The terms and conditions on which an executive member other than the
25
chief executive becomes or remains an employee of the NDA, or (without
being an employee) a member of its staff, are also to be determined by the
non-executive members.
      (4)
If the non-executive members so determine in the case of the chief executive
or any of the other executive members, the NDA must—
30
(a)
pay such pensions, allowances or gratuities to or in respect of the
chief executive and each of those other members, or
(b)
provide and maintain for the chief executive and those other
members such pension schemes (whether contributory or not),

as the non-executive members may determine.
35
      (5)
If an executive member—
(a)
is a participant in a pension scheme applicable to his membership of
the NDA, and
(b)
ceases to be an executive member without ceasing to be a member of
the NDA’s staff,
40

he may, if the Secretary of State so determines, be treated for the purposes of
the pension scheme as if any service of his (after ceasing to be an executive
member) as an employee of the NDA were service as an executive member.

Energy Bill [HL]
Schedule 1 — The Nuclear Decommissioning Authority
Part 1 — Members and staff of NDA
153

Constitution of NDA for initial period
4     (1)
Until the end of the initial period the NDA is to consist of just those members
who have been appointed.
      (2)
As soon as practicable after his own appointment takes effect, the chairman
must exercise the power to appoint a chief executive.
5
      (3)
Appointments of members other than the chairman and chief executive may
be made during the initial period only after the appointment of the chief
executive has taken effect.
      (4)
During the initial period the requirements of paragraph 9(1)—
(a)
do not apply to a decision to which the chairman is a party if it is
10
made when the chairman is the only non-executive member; but
(b)
are not to be capable of being satisfied in relation to a decision made
at any other time unless at least two non-executive members are
parties to the decision.
      (5)
The chairman must ensure that proper records are kept of everything he
15
does, while he is the only non-executive member, in the exercise or
performance of powers or duties conferred or imposed on the non-executive
members.
      (6)
In this paragraph “the initial period” means the period which begins with
the commencement of so much of this Act as provides for the establishment
20
of the NDA and ends with whichever of the following first occurs—
(a)
the time when an appointment takes effect that brings the number of
members of the NDA up to seven;
(b)
the time specified as the end of the initial period in a notice given
during that period by the Secretary of State to the NDA for the
25
purposes of this paragraph.
Staffing of the NDA
5     (1)
The NDA—
(a)
may appoint such employees, in addition to those who are its
members, as it may determine; and
30
(b)
may make such other arrangements for the staffing of the NDA as it
thinks fit.
      (2)
The employees of the NDA who are not its members are to be employed on
such terms and conditions, including terms and conditions as to
remuneration, as it determines.
35
      (3)
The NDA may, in the case of any of its employees who are not its members—
(a)
pay to or in respect of those employees such pensions, allowances or
gratuities, or
(b)
provide and maintain for them such pension schemes (whether
contributory or not),
40

as it determines.
      (4)
If an employee of the NDA—
(a)
is a participant in a pension scheme applicable to his employment,
and
(b)
becomes an executive member,
45

Energy Bill [HL]
Schedule 1 — The Nuclear Decommissioning Authority
Part 2 — Proceedings of NDA
154


he may, if the Secretary of State so determines, be treated for the purposes of
the pension scheme as if his service as a member were service as an
employee of the NDA.
UKAEA pensions for NDA staff
6
A pension scheme maintained by the UKAEA under paragraph 7(2)(b) of
5
Schedule 1 to the Atomic Energy Authority Act 1954 (c. 32) may apply to—
(a)
members of the NDA, and
(b)
members of its staff,

as it applies to persons to whom it applies apart from this paragraph.
Part 2
10
Proceedings of NDA
Committees of the NDA and advisory committees
7     (1)
The NDA may make such arrangements as it thinks fit—
(a)
for the carrying out of its functions by committees established by it;
and
15
(b)
for committees established by it to give it advice about matters
relating to the carrying out of its functions.
      (2)
The membership of every committee established by the NDA must include
at least one person who is a member of the NDA.
      (3)
Where the NDA—
20
(a)
establishes a committee for the purpose of giving it advice, and
(b)
does not authorise it under paragraph 8 to do anything on the NDA’s
behalf,

the membership of the committee may include persons (including persons
constituting a majority of the committee) who are neither members of the
25
NDA nor members of its staff.
      (4)
In other cases every member of the committee must be either—
(a)
a member of the NDA; or
(b)
a member of its staff.
      (5)
Where a person who is neither a member of the NDA nor a member of its
30
staff is a member of a committee, the NDA may pay to that person such
remuneration and expenses as it determines.
Delegation of functions
8     (1)
Anything that is authorised or required by or under an enactment to be done
by the NDA may be done on its behalf—
35
(a)
by a member of the NDA, or of its staff, who has been authorised by
it for the purpose (whether generally or specifically); or
(b)
by a committee established by the NDA which has been so
authorised.
      (2)
The NDA must not make arrangements for the final decision on any of the
40
following to be made by a committee or by a member of the NDA or of its
staff—

Energy Bill [HL]
Schedule 1 — The Nuclear Decommissioning Authority
Part 2 — Proceedings of NDA
155

(a)
the NDA’s strategy under section 14 or any modification of that
strategy;
(b)
its annual plan under section 16 or any modification of that plan;
(c)
the arrangements for regulating the proceedings of the NDA;
(d)
the further delegation of anything delegated to a committee or to a
5
member of the NDA or of its staff.
Quorums
9     (1)
A decision of the NDA relating to a matter mentioned in sub-paragraph (2)
is ineffective unless a majority of the members who—
(a)
were present at the meeting at which the decision was made, or
10
(b)
otherwise had an opportunity of participating in the decision-
making process,

consisted of non-executive members.
      (2)
Those matters are—
(a)
the NDA’s strategy under section 14 or any modification of that
15
strategy;
(b)
its annual plan under section 16 or any modification of that plan;
(c)
the arrangements for regulating the proceedings of the NDA;
(d)
the delegation of anything to a committee or to a member of the NDA
or of its staff, or any further delegation.
20
      (3)
A decision by the NDA for regulating its own proceedings may determine
what, for the purposes of this paragraph, constitutes an opportunity of
participating in the decision-making process.
      (4)
A question for the purposes of this paragraph about whether a member—
(a)
was present at a meeting of the NDA, or
25
(b)
satisfied the requirements that needed to be satisfied for him to be
treated as having had an opportunity of participating in a decision,

must be determined (if there are any) exclusively by reference to official
minutes of the meeting or decision.
      (5)
For this purpose the official minutes of a meeting or decision are those made
30
in accordance with the arrangements made under paragraph 12.
Proceedings of the NDA and of their committees etc.
10    (1)
The NDA may make such other arrangements as it thinks fit—
(a)
for regulating its own proceedings; and
(b)
for regulating the proceedings of the committees it has established.
35
      (2)
Arrangements under sub-paragraph (1) may include such arrangements (in
addition to the provision made by paragraph 9) as the NDA thinks fit about
quorums and the making of decisions by a majority.
      (3)
The procedure for the carrying out of the separate functions which under
this Act are conferred on the non-executive members must be in accordance
40
with such arrangements as may be determined by a majority of the non-
executive members.
      (4)
The NDA must publish, in such manner as it considers appropriate, the
arrangements made under this paragraph.

Energy Bill [HL]
Schedule 1 — The Nuclear Decommissioning Authority
Part 2 — Proceedings of NDA
156

Authentication of NDA’s seal
11    (1)
Authentication of the application of the NDA’s seal is to be by the signature
of—
(a)
the chairman or another member of the NDA; or
(b)
any other person authorised by it for the purpose (whether generally
5
or specifically).
      (2)
A document purporting to be—
(a)
duly executed under the seal of the NDA, or
(b)
signed on behalf of the NDA,

may be received in evidence and, except so far as the contrary is shown, is to
10
be taken to be duly so executed or signed.
      (3)
This paragraph does not extend to Scotland.
Records of proceedings
12    (1)
The NDA must make arrangements for the keeping of proper records of
each of the following—
15
(a)
its proceedings;
(b)
proceedings of the committees established by it;
(c)
proceedings at meetings of the non-executive members; and
(d)
anything done by a member of the NDA or of its staff in reliance on
a delegation under paragraph 8.
20
      (2)
The references in paragraphs 8 and 9 to arrangements for regulating the
proceedings of the NDA include references to arrangements made under
this paragraph with respect to such proceedings.
Validity of proceedings
13    (1)
The validity of proceedings of the NDA, of the non-executive members or of
25
a committee established by the NDA shall not be affected by—
(a)
a vacancy in the membership of the NDA or of such a committee;
(b)
a defect in the appointment of the chairman, of any other non-
executive member, of the chief executive or of any other executive
member;
30
(c)
a failure of the Secretary of State to comply with the requirements of
section 5(9); or
(d)
a failure to comply with arrangements made under paragraph 10.
      (2)
Nothing in sub-paragraph (1) validates—
(a)
the proceedings of a meeting which would still be inquorate even if
35
defects and failures mentioned within sub-paragraph (1)(b) or (c)
had not occurred; or
(b)
a decision which (apart from this paragraph) is ineffective by virtue
of paragraph 9.