Energy Bill [HL]

House of Commons

Session 2003 - 04
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Other Bills before Parliament

Energy Bill [HL]

Energy Bill [HL]
Schedule 1 — The Nuclear Decommissioning Authority
Part 3 — Supplemental
157

Part 3
Supplemental
Public records
14
In paragraph 3 of Schedule 1 to the Public Records Act 1958 (c. 51)
(administrative and departmental records of certain bodies to be public
5
records), in Part 2 of the Table, at the appropriate place, insert—

“Nuclear Decommissioning Authority.”
Parliamentary Commissioner Act 1967
15
In Schedule 2 to the Parliamentary Commissioner Act 1967 (c. 13)
(departments and authorities subject to investigation), at the appropriate
10
place, insert—

“Nuclear Decommissioning Authority.”
Disqualification for House of Commons and Northern Ireland Assembly
16
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975
(c. 24) (bodies of which all members are disqualified), at the appropriate
15
place, insert—

“The Nuclear Decommissioning Authority.”;

and a corresponding amendment shall be made in Part 2 of Schedule 1 to the
Northern Ireland Assembly Disqualification Act 1975 (c. 25).
Scottish devolution
20
17
The following provisions of the Scotland Act 1998 (c. 46) shall have effect as
if the NDA were a cross-border public authority—
(a)
section 23(2)(b) (power of Scottish Parliament to require persons
outside Scotland to attend and give evidence or produce
documents);
25
(b)
section 70(6) (Scottish Parliament not to require preparation of
accounts by cross-border public authorities whose accounts are
otherwise audited); and
(c)
section 91(3)(d) (investigation of maladministration by cross-border
public authorities in relation to Scottish matters).
30
Freedom of information
18
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public
authorities for the purposes of that Act), at the appropriate place, insert—

“The Nuclear Decommissioning Authority.”
Interpretation of Schedule
35
19
In this Schedule “chairman”, “chief executive”, “executive member” and
“non-executive member” mean, respectively, chairman, chief executive,
executive member and non-executive member of the NDA.

Energy Bill [HL]
Schedule 2 — Procedural requirements applicable to NDA’s Strategy
158

Schedule 2
Section 14

Procedural requirements applicable to NDA’s Strategy
Approval required for strategy
1
Subject to paragraph 3(6), a strategy prepared or revised by the NDA has
effect only if it is approved—
5
(a)
by the Secretary of State; and
(b)
to the extent that it relates to responsibilities of the NDA falling
within section 9(2), also by the Scottish Ministers.
Initial strategy
2
The NDA must—
10
(a)
prepare its first strategy, and
(b)
submit a draft of it for approval,

before the end of the twelve months beginning with the commencement of
section 14.
Strategy reviews and revisions
15
3     (1)
The NDA must carry out and complete a review of its strategy before the end
of each review period.
      (2)
If, in consequence of such a review, the NDA decides that it is necessary to
revise its strategy, it must submit the draft of its proposed revision for
approval.
20
      (3)
If, in consequence of such a review, the NDA decides that it is unnecessary
to revise its strategy, it must submit its current strategy for the renewal of the
strategy’s approval.
      (4)
The obligation, following a review, to submit—
(a)
the draft revision of the NDA’s strategy prepared in consequence of
25
the review, or
(b)
the strategy the approval of which is for renewal,

is an obligation to submit it as soon as reasonably practicable after the
completion of the review.
      (5)
The NDA may revise its strategy otherwise than in consequence of a review.
30
      (6)
A revision otherwise than in consequence of a review takes effect without
approval except to the extent that it contains modifications of the NDA’s
strategy which—
(a)
are likely to require a significant increase over its previous estimate
in the money required for giving effect to the strategy;
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(b)
significantly alter the priorities of the NDA as respects different
installations or sites; or
(c)
relate to the objectives of the NDA for an installation or site.
      (7)
Accordingly, the NDA must submit for approval so much of every proposed
revision which—
40
(a)
is made otherwise than in consequence of a review; but
(b)
involves modifications falling within sub-paragraph (6)(a) to (c).

Energy Bill [HL]
Schedule 2 — Procedural requirements applicable to NDA’s Strategy
159

      (8)
The persons to whom a submission for approval, or for a renewal of
approval, must be made are—
(a)
in a case where what is submitted contains anything relating to
responsibilities of the NDA falling within section 9(2), the Secretary
of State and the Scottish Ministers; and
5
(b)
in any other case, the Secretary of State.
      (9)
In this paragraph “review period” means—
(a)
the period of five years beginning with the end of the twelve month
period mentioned in paragraph 2; or
(b)
a period of five years beginning with the day after the completion of
10
a review under this paragraph.
Consultation by NDA
4     (1)
Before—
(a)
preparing a strategy,
(b)
revising a strategy in a manner requiring approval, or
15
(c)
submitting a strategy to have the approval of the strategy renewed,

the NDA must consult the persons listed in sub-paragraph (2).
      (2)
Those persons are—
(a)
the Health and Safety Executive;
(b)
the Environment Agency;
20
(c)
the Scottish Environment Protection Agency;
(d)
such persons with responsibilities in relation to nuclear security as
have been nominated for the purposes of this sub-paragraph by the
Secretary of State;
(e)
every local authority whose area includes a designated installation,
25
designated site or designated facility or a locality affected by
activities at such an installation, site or facility;
(f)
every person with control of such an installation, site or facility;
(g)
the employees of every such person and the persons appearing to the
NDA to represent them; and
30
(h)
every body established—
(i)
by the NDA, or
(ii)
by a person with control of a designated installation,
designated site or designated facility,

for the purpose of consulting persons about activities carried on at,
35
or in connection with, such an installation, site or facility.
      (3)
In preparing, reviewing or revising its strategy the NDA must have regard
to—
(a)
every representation made to it by or on behalf of a person
mentioned in sub-paragraph (2); and
40
(b)
the representations made to it by members of the public.
      (4)
This paragraph does not apply to a revision made for the purpose only of
giving effect to directions under paragraph 5(7).
      (5)
In this paragraph references to a designated installation, designated site or
designated facility include references to an installation, site or facility
45
designated by a direction which is not yet in force.

Energy Bill [HL]
Schedule 2 — Procedural requirements applicable to NDA’s Strategy
160

Approval of strategy
5     (1)
This paragraph applies where—
(a)
anything is submitted for approval under this Schedule; or
(b)
the NDA’s current strategy is submitted for the renewal of the
strategy’s approval.
5
      (2)
The submission must be accompanied by a report by the NDA of the
representations about the contents of its strategy, or of any revision of it, that
it received in the course of the preparation of the strategy, or in connection
with its proposal to revise it or to have the approval of the strategy renewed.
      (3)
Before determining whether or not to approve anything relating to
10
responsibilities mentioned in section 9(3), the Secretary of State must consult
the Scottish Ministers.
      (4)
The Secretary of State must also consult the Scottish Ministers before
approving anything relating to proposals for the non-processing treatment,
the storage or the disposal of hazardous materials if it appears to him that
15
the proposals would have an effect (notwithstanding that they relate only to
England and Wales)—
(a)
on the management of hazardous materials located in Scotland; or
(b)
on the use of a site in England and Wales for the non-processing
treatment, the storage or the disposal of hazardous materials that
20
could be brought to that site from Scotland.
      (5)
If—
(a)
the Secretary of State approves a strategy or revised strategy
submitted to him under this Schedule, and
(b)
the Scottish Ministers approve it so far as it relates to responsibilities
25
of the NDA falling within section 9(2),

it takes effect as the approved strategy of the NDA from the time of the
giving of the approval.
      (6)
If it is not so approved, the NDA must—
(a)
modify what was submitted; and
30
(b)
re-submit it for approval to the Secretary of State and (if the case so
requires) to the Scottish Ministers.
      (7)
In preparing a modified strategy or revision for re-submission, the NDA
must comply with every direction given to it with respect to any of the
following matters—
35
(a)
the NDA’s objectives for a particular installation or site or for
installations or sites of a particular description;
(b)
the NDA’s strategy with respect to the operation of any particular
installation or facility;
(c)
the period over which decommissioning or cleaning-up work is to be
40
carried out in the case of a particular installation or site or in the case
of installations or sites of a particular description;
(d)
the amounts to be defrayed by the NDA in a particular period in
respect of expenditure on decommissioning or cleaning-up work in
the case of a particular installation or site or in the case of
45
installations or sites of a particular description.
      (8)
The persons by whom directions may be given under sub-paragraph (7)
are—

Energy Bill [HL]
Schedule 2 — Procedural requirements applicable to NDA’s Strategy
161

(a)
in the case of directions given by virtue of paragraph (a) or (b) of that
sub-paragraph in relation to responsibilities of the NDA falling
within section 9(2), the Secretary of State and the Scottish Ministers,
acting jointly; and
(b)
in any other case, the Secretary of State.
5
      (9)
Before giving a direction under sub-paragraph (7), the Secretary of State and
the Scottish Ministers or (as the case may be) the Secretary of State must
consult—
(a)
the NDA;
(b)
the Health and Safety Executive;
10
(c)
the Environment Agency;
(d)
the Scottish Environment Protection Agency; and
(e)
such persons with responsibilities in relation to nuclear security as
have been nominated for the purposes of this sub-paragraph by the
Secretary of State.
15
     (10)
Nothing in this paragraph with respect to the giving of directions restricts—
(a)
the grounds on which, or
(b)
the circumstances in which,

the Secretary of State or the Scottish Ministers may refuse approval without
giving a direction.
20
     (11)
In this paragraph “non-processing treatment” has the same meaning as in
section 9.
Publication of strategy
6     (1)
The NDA must publish its approved strategy in the manner which, in its
opinion, is most appropriate for bringing it to the attention of persons likely
25
to be affected by it.
      (2)
Where it revises that strategy, it must so publish the revised strategy.
      (3)
Where the NDA publishes a strategy or revised strategy under this
paragraph it must, in the same manner, publish a report on the
representations it received about what the strategy or revision should
30
contain.
      (4)
The NDA must exclude from what it publishes under this paragraph
anything that it has been notified by the Secretary of State is a matter the
publication of which he considers to be against the interests of national
security.
35
      (5)
The NDA may also exclude from what it publishes under this paragraph—
(a)
anything relating to the private affairs of an individual the
publication of which the NDA considers would seriously and
prejudicially affect the interests of that individual; and
(b)
anything of a commercial nature relating specifically to the affairs of
40
a particular body of persons the publication of which the NDA
considers would seriously and prejudicially affect the interests of
that body.
      (6)
In determining whether to exclude anything from publication under sub-
paragraph (5) the NDA must have regard to whether the harm that would
45
be caused by publication is likely to outweigh the benefits.