|
| |
| |
(a) | the Secretary of State is satisfied that it has become contaminated |
| |
(whether radioactively or chemically) as a result of nuclear activities in |
| |
or on a particular installation, site or facility; |
| |
(b) | that installation, site or facility was at the time of the contamination, or |
| |
subsequently became, a nuclear installation, a principal nuclear site or |
| 5 |
| |
(c) | the installation, site or facility is also designated (whether by that |
| |
direction or as a consequence of a previous direction); and |
| |
(d) | the person with control of that installation, site or facility— |
| |
(i) | is a Crown appointee, the UKAEA, a publicly owned company |
| 10 |
| |
(ii) | has consented to the specification of the installation, site or |
| |
facility for the purposes of subsection (1)(b). |
| |
(3) | On the giving by the Secretary of State of a direction specifying that a site is to |
| |
be treated as a related site, he must send a copy of the direction to every person |
| 15 |
with control of an installation, site or facility by reference to which it is to be so |
| |
| |
(4) | For the purposes of this section something is contaminated as a result of |
| |
nuclear activities in or on a particular installation, site or facility if the |
| |
contamination (whenever occurring), or any of it, is the direct or indirect result |
| 20 |
of one or more of the following— |
| |
(a) | activities carried on in or on that installation, site or facility; |
| |
(b) | the storage or disposal of any matter or substance in or on that |
| |
installation, site or facility; |
| |
(c) | an incident occurring in or on that installation, site or facility; |
| 25 |
(d) | the discharge of anything from that installation, site or facility; |
| |
(e) | the transportation of hazardous material to or from that installation, |
| |
| |
(f) | an incident affecting hazardous material being transported to or from |
| |
that installation, site or facility. |
| 30 |
23 | Duty to comply with directions under s. 21 |
| |
(1) | The duty of a person to whom a direction is given under section 21 to comply |
| |
with that direction is a duty owed to the NDA, and to no one else. |
| |
(2) | That duty is to be enforceable by the NDA in civil proceedings— |
| |
(a) | for an injunction or interdict; |
| 35 |
(b) | for specific performance of a statutory duty under section 45 of the |
| |
Court of Session Act 1988 (c. 36); or |
| |
(c) | for any other appropriate remedy or relief. |
| |
(3) | That duty is subject to the obligation of the NDA to discharge its financial |
| |
responsibilities under section 24. |
| 40 |
(4) | A person with control of an installation, site or facility is not to be subject to that |
| |
duty to the extent that he is relieved of it by the provisions of an agreement— |
| |
(a) | between the NDA and that person; or |
| |
(b) | between the NDA and a body corporate of which that person is a |
| |
| 45 |
| |
| |
|
| |
| |
(5) | The Secretary of State may by order provide, in the case of an installation, site |
| |
or facility the person with control of which is a Crown appointee, that the |
| |
Crown appointee is not to be subject, to the extent specified in the order, to the |
| |
duty to comply with directions under section 21. |
| |
(6) | An order for the purposes of subsection (5) is subject to the negative resolution |
| 5 |
| |
| |
24 | Financial responsibilities of NDA |
| |
(1) | The NDA’s responsibility for securing— |
| |
(a) | the decommissioning or operation of an installation or facility to which |
| 10 |
| |
(b) | the cleaning-up of a site to which this section applies, or of a related site, |
| |
| includes the financial responsibility for the decommissioning or operation of |
| |
the installation or facility, or for the cleaning-up. |
| |
(2) | This section applies to an installation, site or facility which becomes a |
| 15 |
designated installation, site or facility at a time when the person with control |
| |
| |
| |
| |
(c) | a wholly-owned subsidiary of the UKAEA; |
| 20 |
(d) | any other publicly owned company which was so owned on 4th July |
| |
| |
(e) | a wholly-owned subsidiary of such a company. |
| |
| |
(a) | the NDA has financial responsibility for decommissioning, operating |
| 25 |
or cleaning up an installation, site or facility, and |
| |
(b) | a person other than the NDA is the person with control of it, |
| |
| that other person is not to be, or to be capable of becoming, liable to meet any |
| |
of the costs of doing the things that are required to be secured by the NDA in |
| |
the discharge of its responsibilities in relation to that installation, site or facility. |
| 30 |
(4) | Accordingly, where the NDA has the financial responsibility in the case of an |
| |
installation, site or facility— |
| |
(a) | it must not impose charges on the person with control of the |
| |
installation, site or facility in respect of anything mentioned in |
| |
| 35 |
(b) | it must meet the costs of the doing by that person of anything that he is |
| |
authorised or required to do by virtue of section 20; |
| |
(c) | it must also meet the costs of the performance by him of his duty to |
| |
comply with directions under section 21; and |
| |
(d) | that person is not to be required for any purpose to make, or to continue |
| 40 |
to make, financial provision for meeting costs which fall, by virtue of its |
| |
financial responsibility, to be met by the NDA. |
| |
(5) | Nothing in so much of this section as— |
| |
(a) | restricts the extent to which a person is, or may become, liable to meet |
| |
any costs in relation to a site, installation or facility, or |
| 45 |
| |
| |
|
| |
| |
(b) | requires any costs in relation to an installation, site or facility to be |
| |
reimbursed or otherwise met by the NDA, |
| |
| is to be construed as restricting the extent to which the person with control of |
| |
the installation, site or facility may be or become subject, in relation to a person |
| |
other than the NDA, to the liability or obligation in respect of which the costs |
| 5 |
| |
(6) | It shall be the duty of the NDA for the purpose of discharging its financial |
| |
responsibilities to make all such arrangements as it thinks fit for securing that |
| |
the person with control of the installation, site or facility is able to meet, as they |
| |
become due, all his liabilities to persons other than the NDA in respect of |
| 10 |
matters for which the NDA has financial responsibility or that those liabilities |
| |
are otherwise discharged. |
| |
(7) | It shall also be the duty of the NDA to make all such arrangements as it thinks |
| |
fit for securing that amounts paid under this section to that person include |
| |
such sums (if any) as the NDA considers it appropriate to pay by way of |
| 15 |
incentives to that person to discharge his duty to comply with directions under |
| |
section 21 in the manner that the NDA thinks most effective. |
| |
(8) | The NDA is to be taken to have discharged its responsibility for meeting costs |
| |
under this section if it is satisfied that those costs— |
| |
(a) | have been met by another person directly or indirectly out of money |
| 20 |
provided by Parliament; or |
| |
| |
(9) | The preceding provisions of this section have effect in relation to an |
| |
installation, site or facility subject to the terms of— |
| |
(a) | any agreement between the NDA and the person with control of the |
| 25 |
installation, site or facility; or |
| |
(b) | any agreement between the NDA and a body corporate of which that |
| |
| |
(10) | The NDA’s financial responsibilities under this section are in addition to its |
| |
financial responsibilities apart from this section. |
| 30 |
(11) | In this section “related site” has the same meaning as in section 21. |
| |
25 | Expenditure and receipts of NDA |
| |
(1) | The Secretary of State may make grants to the NDA. |
| |
(2) | Grants made under this section are to be on such terms as the Secretary of State |
| |
| 35 |
(3) | The NDA must pay to the Secretary of State all sums received by it otherwise |
| |
than under subsection (1). |
| |
(4) | The Secretary of State must pay sums received by him under subsection (3) into |
| |
| |
| 40 |
(1) | The NDA has no power to borrow money except in accordance with this |
| |
| |
| |
| |
|
| |
| |
(2) | The NDA may borrow from the Secretary of State, and the Secretary of State |
| |
may lend to the NDA, sums in sterling that it requires for or in connection with |
| |
the carrying out of its functions. |
| |
(3) | Where a loan is made to the NDA by the Secretary of State— |
| |
(a) | the loan must be repaid to him at such times and by such methods as |
| 5 |
| |
(b) | interest on the loan must be paid to him at such rates and at such times |
| |
| |
| and nothing in section 25(3) requires the repayment of sums received by way |
| |
of such a loan otherwise than in accordance with a determination under this |
| 10 |
| |
(4) | The NDA may also borrow temporarily (by overdraft or otherwise) from |
| |
persons other than the Secretary of State sums in sterling that it requires for or |
| |
in connection with the carrying out of its functions. |
| |
(5) | The consent of the Secretary of State is required for borrowing under |
| 15 |
| |
(6) | The approval of the Treasury is required— |
| |
(a) | for a loan to the NDA by the Secretary of State; |
| |
(b) | for a determination by the Secretary of State under subsection (3); and |
| |
(c) | for a consent by the Secretary of State to any borrowing under |
| 20 |
| |
(7) | The powers conferred by this section are subject to section 27. |
| |
27 | Limit on NDA borrowing |
| |
(1) | The NDA may not borrow if the effect would be— |
| |
(a) | to take the aggregate amount mentioned in subsection (2) over its |
| 25 |
| |
(b) | to increase the amount by which the aggregate amount so outstanding |
| |
| |
(2) | That amount is the aggregate of— |
| |
(a) | amounts outstanding from the NDA in respect of the principal of sums |
| 30 |
| |
(b) | the amount of every outstanding liability of the NDA that is a liability |
| |
to which it is subject by virtue of a nuclear transfer scheme and is a |
| |
liability in respect of the principal of a sum borrowed by another person |
| |
before the transfer took effect. |
| 35 |
(3) | The NDA’s borrowing limit is £2,000 million. |
| |
(4) | The Secretary of State may by order increase the NDA’s borrowing limit. |
| |
(5) | An order under subsection (4) shall not be made unless a draft of the order has |
| |
| |
(a) | laid before Parliament; and |
| 40 |
(b) | approved by a resolution of the House of Commons. |
| |
(6) | The reference in this section to a nuclear transfer scheme includes a reference |
| |
to a modification agreement (within the meaning of Schedule 5) in relation to |
| |
| |
| |
| |
|
