Energy Bill [HL]

House of Commons

Session 2003 - 04
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Other Bills before Parliament

Energy Bill [HL]

Energy Bill [HL]
Part 2 — The Civil Nuclear Industry
Chapter 4 — Authorisations relating to radioactive waste
60

(a)
in relation to an authorisation having effect in Great Britain,
means the appropriate Agency; and
(b)
in relation to an authorisation having effect in Northern Ireland,
means the chief inspector.”
76
Applications for variation of authorisations
5
In section 17 of the 1993 Act (revocation and variation of authorisations), after
subsection (2) insert—
“(2ZA)
The powers of the appropriate Agency and of the chief inspector under
this section are exercisable with or without the making of an
application by the person holding the authorisation.
10
(2ZB)
But where an application for the variation of an authorisation is made
by that person, it must be accompanied—
(a)
in the case of an application made to the appropriate Agency, by
the charge (if any) that is prescribed for the purpose by a
charging scheme under section 41 of the Environment Act 1995;
15
and
(b)
in the case of an application to the chief inspector, by the
prescribed fee.”
77
Periodic reviews of authorisations
After section 17 of the 1993 Act insert—
20
“17A
Review of authorisations
(1)
The authorising authority—
(a)
must carry out periodic reviews of the limitations and
conditions attached to each authorisation under section 13 or 14;
and
25
(b)
may, at any other time, carry out any such additional review of
the limitations and conditions attached to an authorisation
under either of those sections as it thinks fit.
(2)
In this section—

‘the authorising authority’—
30
(a)
in relation to an authorisation having effect in Great
Britain, means the appropriate Agency; and
(b)
in relation to an authorisation having effect in Northern
Ireland, means the chief inspector;

‘periodic reviews’, in relation to an authorisation, means reviews
35
at such regular intervals as the authorising authority thinks fit
in the case of that authorisation.”
78
Consequential amendments of the 1993 Act
Schedule 15 (which contains further amendments of the 1993 Act in connection
with the provision made by sections 75 to 77) has effect.
40

Energy Bill [HL]
Part 2 — The Civil Nuclear Industry
Chapter 5 — Miscellaneous provisions relating to nuclear industry
61

Chapter 5
Miscellaneous provisions relating to nuclear industry
79
Amendments for giving effect to international obligations
(1)
The Secretary of State may by order make the modifications of the enactments
to which this section applies that he considers appropriate for the purpose—
5
(a)
of facilitating the ratification by Her Majesty’s Government in the
United Kingdom of an international Protocol (whether entered into
before or after the passing of this Act) that relates to liability for nuclear
damage; or
(b)
of exercising an option under such a Protocol, or of facilitating the
10
exercise of such an option.
(2)
The enactments to which this section applies are—
(a)
the 1965 Act; and
(b)
any other enactment having effect in relation to a matter to which such
a Protocol relates.
15
(3)
The following are the only international Protocols which are to be taken for the
purposes of this section to be Protocols relating to liability for nuclear
damage—
(a)
the Joint Protocol Relating to the Application of the Vienna Convention
and the Paris Convention of 21st September 1988; and
20
(b)
any Protocol amending the Paris Convention or the Brussels
Supplementary Convention.
(4)
In this section—

“the Brussels Supplementary Convention” means the Supplementary
Convention on Third Party Liability in the Field of Nuclear Energy of
25
31st January 1963; and

“the Paris Convention” means the Paris Convention on Third Party
Liability in the Field of Nuclear Energy of 29th July 1960.
(5)
The reference in subsection (1) to exercising an option under a Protocol is a
reference to making provision the making of which, in connection with the
30
matters to which the Protocol relates, is allowed by that Protocol.
(6)
The power under this section to modify enactments includes power to modify
enactments conferring power to make subordinate legislation.
(7)
The power to make an order containing provision authorised by this section is
subject to the affirmative resolution procedure.
35
80
Regulation of equipment, software and information
(1)
Section 77 of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (regulation
of security of civil nuclear industry) is amended as follows.
(2)
In subsection (1) (matters about which security regulations may be made), after
paragraph (c) insert—
40
“(ca)
equipment or software in the United Kingdom which—
(i)
is capable of being used in, or in connection with, the
enrichment of uranium; and

Energy Bill [HL]
Part 2 — The Civil Nuclear Industry
Chapter 5 — Miscellaneous provisions relating to nuclear industry
62

(ii)
is in the possession or control of a person involved in
uranium enrichment activities;”.
(3)
For paragraph (d) of that subsection substitute—
“(d)
sensitive nuclear information which is in the possession or
control in the United Kingdom of—
5
(i)
a person who is involved in activities on or in relation to
a nuclear site or nuclear premises or who is proposing or
likely to become so involved;
(ii)
a person involved in uranium enrichment activities; or
(iii)
a person who is storing, transporting or transmitting the
10
information for or on behalf of a person falling within
sub-paragraph (i) or (ii);”.
(4)
After subsection (6) insert—
“(6A)
References in this section to a person involved in uranium enrichment
activities are references to a person who is or is proposing to become
15
involved in any of the following activities (whether in the United
Kingdom or elsewhere)—
(a)
the enrichment of uranium;
(b)
activities carried on with a view to, or in connection with, the
enrichment of uranium;
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(c)
the production, storage, transport or transmission of equipment
or software for or on behalf of persons involved in uranium
enrichment activities; or
(d)
activities that make it reasonable to assume that he will become
involved in something mentioned in paragraphs (a) to (c).”
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(5)
In subsection (7) (interpretation of section)—
(a)
after “this section—” insert—

“‘enrichment of uranium’ means a treatment of uranium
that increases the proportion of isotope 235 contained in
the uranium;
30

‘equipment’ includes equipment that has not been
assembled and its components;”
(b)
in paragraph (a) of the definition of “sensitive nuclear information”, for
the words from “any treatment” to “contained in the” substitute “the
enrichment of”.
35
81
Application of the 1965 Act to Northern Ireland
(1)
Sections 3(1A) and (6A), 4(3A) and 5(1A) of the 1965 Act (which require certain
consultations in relation to nuclear site licences) shall extend to Northern
Ireland.
(2)
Section 27 of that Act (application of that Act to Northern Ireland) is amended
40
as follows.
(3)
For subsection (1) substitute—
“(1)
In the application of this Act to Northern Ireland—
(a)
a reference to the Minister shall be construed as a reference to
the Secretary of State;
45
(b)
sections 3(1A) and (6A), 4(3A) and 5(1A) shall have effect as if—

Energy Bill [HL]
Part 2 — The Civil Nuclear Industry
Chapter 5 — Miscellaneous provisions relating to nuclear industry
63

(i)
for ‘appropriate Agency’, wherever occurring, there
were substituted ‘Department of the Environment in
Northern Ireland’;
(ii)
for ‘Great Britain’, wherever occurring, there were
substituted ‘Northern Ireland’;
5
(iii)
for ‘Health and Safety Executive’, wherever occurring,
there were substituted ‘Minister’;
(c)
section 3(3) shall have effect as if for paragraphs (b) and (c) there
were substituted—
‘(ca)
the Fisheries Conservancy Board for Northern Ireland;
10
and’.”
(4)
Subsections (2) and (3) shall cease to have effect.
(5)
In subsection (5), for paragraphs (a) to (c) substitute—
“(a)
by the Minister; or
(b)
by or with the consent of the Director of Public Prosecutions for
15
Northern Ireland.”
(6)
Subsection (6) shall cease to have effect.
82
Expenditure on nuclear related matters
(1)
There may be paid, out of money provided by Parliament, any expenditure
incurred by the Secretary of State, with the consent of the Treasury, under or
20
as a result of—
(a)
any option under which he or his nominee may acquire an undertaking
or property from a British Energy company; or
(b)
any agreement entered into for the purpose of giving effect to the
provisions of such an option, or of continuing or modifying their effect.
25
(2)
In this section “British Energy company” has the same meaning as in section 1
of the Electricity (Miscellaneous Provisions) Act 2003 (c. 9).
83
Additional functions of UKAEA
(1)
The functions of the UKAEA shall include—
(a)
power to carry on such activities as they consider appropriate in
30
connection with anything that the NDA has a responsibility for
securing under this Part;
(b)
power to enter into such arrangements with the NDA or any other
person as they consider appropriate for that purpose; and
(c)
power for that purpose to develop and commercially to exploit an
35
expertise in relation to things in which the NDA requires an expertise
for the purpose of carrying out its functions.
(2)
In the case of responsibilities of the NDA in relation to an installation, site or
facility it is immaterial for the purposes of subsection (1) that the UKAEA is
not, for the purposes of Chapter 1 of this Part, the person with control of it.
40
(3)
The functions of the UKAEA shall also include —
(a)
power to manage and commercially to exploit any land or other
property of theirs that is no longer required by them for or in
connection with the carrying out of their other functions; and

Energy Bill [HL]
Part 3 — Renewable Energy Sources
Chapter 1 — Offshore production of energy
64

(b)
power to carry on a business of providing services for the
administration of—
(i)
nuclear pension schemes; and
(ii)
such public service pension schemes as may be approved by the
Secretary of State for the purposes of this subsection.
5
(4)
The UKAEA has power, for the purpose of carrying out its functions (whether
conferred by this section or otherwise) to do all such things as appear to them
to be likely to facilitate the exercise or performance of their powers and duties,
or to be incidental to doing so.
(5)
The ways in which the UKAEA may carry out those functions include (by
10
virtue of subsection (4)) carrying them out through subsidiaries and carrying
them out in association with, or through arrangements with, other persons.
(6)
Subsection (5) of section 10 (things in which the NDA requires an expertise) has
effect for the purposes of this section as it has effect for the purposes of
subsection (4) of that section.
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(7)
In this section—

“nuclear pension scheme” means a scheme that is a nuclear pension
scheme for the purposes of Schedule 8; and

“public service pension scheme” means a public service pension scheme
within the meaning of the Pension Schemes Act 1993 (c. 48) (see section
20
1) or the Pension Schemes (Northern Ireland) Act 1993 (c. 49) (see
section 1).
Part 3
Renewable Energy Sources
Chapter 1
25
Offshore production of energy
Sustainable development
84
Gas and Electricity Markets Authority sustainability duty
(1)
The 1989 Act shall be amended as follows.
(2)
In section 3A (the principal objective and general duties of the Secretary of
30
State and the Authority), after subsection (2) insert—
“(2A)
Subject to subsections (1) and (2) above, the Secretary of State and the
Authority shall carry out their respective functions under this Part in
such a manner as to ensure the contribution to the achievement of
sustainable development.”
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Renewable Energy Zones
85
Exploitation of areas outside the territorial sea for energy production
(1)
The rights to which this section applies shall have effect as rights belonging to
Her Majesty by virtue of this section.

Energy Bill [HL]
Part 3 — Renewable Energy Sources
Chapter 1 — Offshore production of energy
65

(2)
This section applies to the rights under Part V of the Convention that are
exercisable by the United Kingdom in areas outside the territorial sea—
(a)
with respect to the exploitation of those areas for the production of
energy from water or winds;
(b)
with respect to the exploration of such areas in that connection; or
5
(c)
for other purposes connected with such exploitation.
(3)
The other purposes so connected include, in particular, the transmission,
distribution and supply of electricity generated in the course of such
exploitation.
(4)
Her Majesty may by Order in Council designate an area as an area within
10
which the rights to which this section applies are exercisable (a “Renewable
Energy Zone”).
(5)
The Secretary of State may by order designate the whole or a part of a
Renewable Energy Zone as an area in relation to which the Scottish Ministers
are to have functions.
15
(6)
Orders in Council under this section, and orders under subsection (5), are
subject to the negative resolution procedure.
(7)
In this section—

“the Convention” means the United Nations Convention on the Law of
the Sea 1982 (Cmnd 8941) and any modifications of that Convention
20
agreed after the passing of this Act that have entered into force in
relation to the United Kingdom;

“exploration” includes the doing of anything (whether by way of
investigations, trials or feasibility studies or otherwise) with a view to
ascertaining whether the exploitation of an area is, in a particular case,
25
practicable or commercially viable, or both.
86
Application of criminal law to renewable energy installations
(1)
Her Majesty may by Order in Council provide that acts and omissions which—
(a)
fall within subsection (2), and
(b)
would, if they took place in a part of the United Kingdom, constitute an
30
offence under the law in force in that part,

are to be treated for the purposes of that law as taking place in that part.
(2)
An act or omission falls within this subsection if it takes place on, under or
above—
(a)
a renewable energy installation situated in waters to which this section
35
applies; or
(b)
waters to which this section applies that are within a safety zone.
(3)
Her Majesty may by Order in Council provide that a constable is to have—
(a)
on, under and above a renewable energy installation situated in waters
to which this section applies, and
40
(b)
on, under and above any waters to which this section applies that are
within a safety zone,

all the powers and privileges that he has in the area of the force of which he is
a member.

Energy Bill [HL]
Part 3 — Renewable Energy Sources
Chapter 1 — Offshore production of energy
66

(4)
Subsection (3) is in addition to any other enactment or any rule of law or
subordinate legislation conferring a power or privilege on constables; and this
section is to be disregarded in determining the extent of those other powers
and privileges.
(5)
The waters to which this section applies are—
5
(a)
tidal waters and parts of the sea in or adjacent to Great Britain up to the
seaward limits of the territorial sea; and
(b)
waters in a Renewable Energy Zone.
(6)
Proceedings for anything that is an offence by virtue only of an Order in
Council under this section may be taken, and the offence may for all incidental
10
purposes be treated as having been committed, in any place in the United
Kingdom.
(7)
In this section “subordinate legislation” includes an instrument made under an
Act of the Scottish Parliament.
87
Prosecutions
15
(1)
Subject to subsection (2), this section applies to an offence alleged to have been
committed on, under or above—
(a)
a renewable energy installation situated in waters to which section 86
applies; or
(b)
waters to which section 86 applies that, at the time of the alleged
20
offence, were within a safety zone.
(2)
This section does not apply to an offence created by or under—
(a)
the Health and Safety at Work etc. Act 1974 (c. 37);
(b)
the Customs and Excise Acts 1979, or any enactment that has to be
construed as one with those Acts or any of them;
25
(c)
the Civil Aviation Act 1982 (c. 16) or any enactment that has to be
construed as one with that Act;
(d)
section 23 of the Petroleum Act 1987 (c. 12);
(e)
the Pilotage Act 1987 (c. 21);
(f)
section 4, 29, 35, 36, 37 or 59 of the 1989 Act, or paragraph 3 of Schedule
30
7 to that Act;
(g)
the Value Added Tax Act 1994 (c. 23) or any enactment that has to be
construed as one with that Act;
(h)
the Merchant Shipping Act 1995 (c. 21);
(i)
section 98 of this Act or Chapter 2 of this Part.
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(3)
No proceedings for an offence to which this section applies shall be
instituted—
(a)
in England and Wales, except by or with the consent of the Director of
Public Prosecutions; or
(b)
in Northern Ireland, except by or with the consent of the Director of
40
Public Prosecutions for Northern Ireland.
(4)
Subsection (3) does not require the consent of the Director of Public
Prosecutions, or of the Director of Public Prosecutions for Northern Ireland,
where the proceedings in question are proceedings for which the consent of the
Attorney General, or of the Advocate General for Northern Ireland, is required
45
apart from this section.