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Energy Bill [HL]


Energy Bill [HL]
Part 2 — The Civil Nuclear Industry
Chapter 1 — Nuclear decommissioning

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(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

an NDA facility;

(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

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or the NDA itself; or

(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

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with control of an installation, site or facility by reference to which it is to be so

treated.

(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

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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;

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(d)   

the discharge of anything from that installation, site or facility;

(e)   

the transportation of hazardous material to or from that installation,

site or facility;

(f)   

an incident affecting hazardous material being transported to or from

that installation, site or facility.

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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;

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(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.

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(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

subsidiary.

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Energy Bill [HL]
Part 2 — The Civil Nuclear Industry
Chapter 1 — Nuclear decommissioning

22

 

(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

procedure.

Financial provisions

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

this section applies, or

(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

of it is—

(a)   

a Crown appointee;

(b)   

the UKAEA;

(c)   

a wholly-owned subsidiary of the UKAEA;

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(d)   

any other publicly owned company which was so owned on 4th July

2002; or

(e)   

a wholly-owned subsidiary of such a company.

(3)   

Where—

(a)   

the NDA has financial responsibility for decommissioning, operating

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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

subsection (3);

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(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

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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

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Energy Bill [HL]
Part 2 — The Civil Nuclear Industry
Chapter 1 — Nuclear decommissioning

23

 

(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

arise.

(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

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provided by Parliament; or

(b)   

are to be so met.

(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

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installation, site or facility; or

(b)   

any agreement between the NDA and a body corporate of which that

person is a subsidiary.

(10)   

The NDA’s financial responsibilities under this section are in addition to its

financial responsibilities apart from this section.

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(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

may determine.

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(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

the Consolidated Fund.

26      

Borrowing by the NDA

40

(1)   

The NDA has no power to borrow money except in accordance with this

section.

 

 

Energy Bill [HL]
Part 2 — The Civil Nuclear Industry
Chapter 1 — Nuclear decommissioning

24

 

(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

he may determine; and

(b)   

interest on the loan must be paid to him at such rates and at such times

as he may determine;

   

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

subsection.

(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

subsection (4).

(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

subsection (4).

(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

borrowing limit; or

(b)   

to increase the amount by which the aggregate amount so outstanding

exceeds that limit.

(2)   

That amount is the aggregate of—

(a)   

amounts outstanding from the NDA in respect of the principal of sums

30

borrowed by the NDA; and

(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.

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(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

been—

(a)   

laid before Parliament; and

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(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

such a scheme.

 

 

 
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