Energy Bill [HL]

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Energy Bill [HL]

Energy Bill [HL]
Schedule 14 — Minor amendments relating to Constabulary
226

Schedule 14
Section 69

Minor amendments relating to Constabulary
Public Records Act 1958
1
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—

“Civil Nuclear Police Authority.”
Police (Scotland) Act 1967
2     (1)
Section 12 of the Police (Scotland) Act 1967 (c. 77) (collaboration agreements)
is amended as follows.
10
      (2)
After subsection (6) insert—
“(6A)
For the purposes of this section—
(a)
the Civil Nuclear Constabulary shall be treated as if it
were a police force;
(b)
‘police functions’ shall include the functions of the Civil
15
Nuclear Constabulary;
(c)
the Civil Nuclear Police Authority shall be treated as if
it were a police authority; and
(d)
‘police area’, in relation to the Civil Nuclear
Constabulary and the Civil Nuclear Police Authority,
20
means those places where members of that
Constabulary have the powers and privileges of a
constable.”
      (3)
In subsection (7) after “British Transport Police Force” insert “or the Civil
Nuclear Constabulary”.
25
Firearms Act 1968
3
In section 54 of the Firearms Act 1968 (c. 27) (application to Crown servants),
after subsection (3) insert—
“(3AA)
For the purposes of this section and of any rule of law whereby any
provision of this Act does not bind the Crown—
30
(a)
a member of the Civil Nuclear Constabulary shall be deemed
to be a person in the service of Her Majesty; and
(b)
references to the public service shall be deemed to include
references to use by a person in the exercise and performance
of his powers and duties as a member of the Civil Nuclear
35
Constabulary.”
Race Relations Act 1976
4
In Part 2 of Schedule 1A to the Race Relations Act 1976 (c. 74) (persons
subjected after commencement of duties to general duties with respect to
discrimination and equality), after the entry relating to the chief constable of
40
the Ministry of Defence Police insert—

“The Civil Nuclear Police Authority.

Energy Bill [HL]
Schedule 14 — Minor amendments relating to Constabulary
227


The chief constable of the Civil Nuclear Constabulary.””
Ministry of Defence Police Act 1987
5     (1)
In section 2 of the Ministry of Defence Police Act 1987 (c. 4) (jurisdiction of
Ministry of Defence Police)—
(a)
for subsection (3A)(d) substitute—
5
“(d)
the Civil Nuclear Constabulary,”;
(b)
in subsection (3B)(d), for “United Kingdom Atomic Energy
Authority Constabulary” substitute “Civil Nuclear Constabulary”.
      (2)
In section 2A(4) of that Act (provision of assistance to other forces)—
(a)
in the definition of “chief officer”, in paragraph (d), for “United
10
Kingdom Atomic Energy Authority Constabulary” substitute “Civil
Nuclear Constabulary”; and
(b)
in the definition of “relevant force”, for paragraph (d) substitute—
“(d)
the Civil Nuclear Constabulary.”
      (3)
In section 2B(3) of that Act (constables serving with other forces)—
15
(a)
in the definition of “chief officer”, in paragraph (f), for “United
Kingdom Atomic Energy Authority Constabulary” substitute “Civil
Nuclear Constabulary”; and
(b)
in the definition of “relevant force”, for paragraph (f) substitute—
“(f)
the Civil Nuclear Constabulary.”
20
Official Secrets Act 1989
6
In section 12 of the Official Secrets Act 1989 (c. 6) (Crown servants etc.), after
subsection (4) insert—
“(4A)
In this section the reference to a police force includes a reference to
the Civil Nuclear Constabulary.”
25
Police Act 1996
7
In section 23 of the Police Act 1996 (c. 16) (collaboration agreements), after
subsection (7A) insert—
“(7B)
For the purposes of this section—
(a)
the Civil Nuclear Constabulary shall be treated as if it were a
30
police force;
(b)
the chief constable of the Civil Nuclear Constabulary shall be
treated as if he were the chief officer of police of that
Constabulary;
(c)
‘police functions’ shall include the functions of the Civil
35
Nuclear Constabulary; and
(d)
the Civil Nuclear Police Authority shall be treated as if it
were a police authority.”
Regulation of Investigatory Powers Act 2000
8     (1)
In section 46(3) of the Regulation of Investigatory Powers Act 2000 (c. 23)
40
(persons in relation to whom authorisations may apply to any place in the
United Kingdom), after paragraph (d) insert—
“(dza)
the Civil Nuclear Constabulary;”.

Energy Bill [HL]
Schedule 15 — Amendments of 1993 Act
228

      (2)
In Part 1 of Schedule 1 to that Act (relevant authorities for the purposes of
sections 28 and 29), for paragraph 1A substitute—
“1A
The Civil Nuclear Constabulary.”
Criminal Justice and Police Act 2001
9
In section 88 of the Criminal Justice and Police Act 2001 (c. 16) (functions of
5
Central Police Training and Development Authority)—
(a)
in subsection (7), paragraph (c) shall cease to have effect; and
(b)
in subsection (8), after paragraph (k) insert—
“(ka)
the Civil Nuclear Constabulary;”.
Anti-terrorism, Crime and Security Act 2001
10
10    (1)
In section 77(7) of the Anti-terrorism, Crime and Security Act 2001 (c. 24)
(interpretation of section 77), for the definitions of “nuclear material” and
“nuclear site” substitute—

“‘nuclear material’ has the same meaning as in Chapter 3 of Part
1 of the Energy Act 2004;
15

‘nuclear site’ means a licensed nuclear site within the meaning
of that Chapter;”.
      (2)
In section 79(4) of that Act (interpretation of section 79), for the definition of
“nuclear material” substitute—

“‘nuclear material’ has the same meaning as in Chapter 3 of Part
20
1 of the Energy Act 2004;”.
      (3)
In section 100(1) of that Act (jurisdiction of British Transport Police when
assisting other forces), for paragraph (c) substitute—
“(c)
the Civil Nuclear Constabulary,”.
Police Reform Act 2002
25
11
In section 82 of the Police Reform Act 2002 (c. 30) (nationality requirements
applicable to police officers)—
(a)
for subsection (1)(e) substitute—
“(e)
a member of the Civil Nuclear Constabulary;”;
(b)
in subsection (3)(e), for “United Kingdom Atomic Energy Authority
30
Constabulary” substitute “Civil Nuclear Constabulary”.
Schedule 15
Section 75

Amendments of 1993 Act
Preliminary
1
The 1993 Act is amended as follows.
35
Applications for authorisations
2
In section 16(6) (obligation to send copy of application to local authorities),
for “any application being made” substitute “receipt of an application”.

Energy Bill [HL]
Schedule 15 — Amendments of 1993 Act
229

Duty to display documents
3
In section 19 (duty to display authorisation etc.), for “to whom the
authorisation was granted” substitute “who holds the authorisation”.
Requirements with respect to records
4
In section 20(1) (imposition of requirements with respect to records), for “an
5
authorisation under section 13 or 14 has been granted” substitute “who
holds an authorisation under section 13 or 14”.
Enforcement notices
5     (1)
In subsection (1) of section 21 (enforcement notifications), for “to whom an
authorisation was granted under section 13 or 14” substitute “who holds an
10
authorisation under section 13 or 14”.
      (2)
In subsection (4)(b) of that section, after “16(9)(b)” insert “or 16A(8)(d)”.
Prohibition notices
6
In section 22(6) (copy of prohibition notice to be served on persons to whom
authorisation copied under section 16(9)(b)), after “16(9)(b)” insert “or
15
16A(8)(d)”.
Directions in relation to applications etc.
7     (1)
In subsection (1)(b) of section 23 (directions in relation to applications), after
“14” insert “or for the transfer (in whole or in part) or variation of an
authorisation”.
20
      (2)
In subsection (2)(a) of that section, after “authorisation” insert “or for the
transfer (in whole or in part) or variation of an authorisation”.
      (3)
After subsection (2)(c) of that section insert—
“(ca)
to grant an application for the transfer (in whole or in part) of
an authorisation, or
25
(cb)
to carry out a review under section 17A, or”.
Power to call in applications
8
In section 24(1)(a) (applications that may be called in), for “or
authorisations” substitute “, authorisations, transfers or variations”.
Power to restrict knowledge of applications etc.
30
9     (1)
In subsection (2)(a) of section 25 (directions to restrict knowledge of
information about applications), after “14” insert “or for the transfer (in
whole or in part) or variation of an authorisation”.
      (2)
In subsection (3) of that section—
(a)
for “, as the case may be” substitute “or notice of variation”; and
35
(b)
in paragraph (b), after “16” insert “16A or 17”.

Energy Bill [HL]
Schedule 16 — Applications and proposals for notices under section 94
230

Appeals
10    (1)
In subsection (1) of section 26 (appeals), after paragraph (a) insert—
“(aa)
refuses an application under section 16A or 17 for the transfer
(in whole or in part) or variation of such an authorisation,”.
      (2)
In subsection (5) of that section, after paragraph (b) insert—
5
“(c)
in relation to an application under section 16A for the transfer
of an authorisation, either or both of the persons making the
application;
(d)
in relation to an application for a variation under section 17,
the person applying for the variation.”
10
Offences
11
In each of paragraphs (c) and (d) of section 32(1) (offences relating to
registrations and authorisations), for “to whom an authorisation under
section 13 or 14 has been granted” substitute “who holds an authorisation
under section 13 or 14”.
15
False and misleading statements
12
In section 34A (offences of making false and misleading statements)—
(a)
in subsection (1)(a), after “14” insert “, any transfer of such an
authorisation under section 16A”; and
(b)
in subsection (2)(a), for “or an authorisation under section 13 or 14”
20
substitute “, an authorisation under section 13 or 14 or a transfer
under section 16A”.
Meaning of “prescribed”
13
In section 47(1) (interpretation), for the definition of “prescribed”
substitute—
25

“‘prescribed’—
(a)
in relation to a charging scheme under section 41 of
the Environment Act 1995, has the same meaning as
in that section;
(b)
in relation to fees or charges payable in Northern
30
Ireland in accordance with a scheme under section 43
of this Act, means prescribed under that scheme; and
(c)
in other contexts, means prescribed by regulations
under this Act.”
Schedule 16
35
Section 94

Applications and proposals for notices under section 94
Interpretation
1
In this Schedule references to a safety zone notice are references to a notice
under section 94.

Energy Bill [HL]
Schedule 16 — Applications and proposals for notices under section 94
231

2
In this Schedule “relevant renewable energy installation”, in relation to an
application for a safety zone notice or a proposal by the Secretary of State to
issue such a notice, means the renewable energy installation by reference to
which the notice applied for or proposed would fall to be issued.
Requirements for applications
5
3     (1)
An application for a safety zone notice must describe, by way of a map—
(a)
the place where the relevant renewable energy installation is to be, or
is being, constructed, extended, operated or decommissioned; and
(b)
the waters in relation to which any declaration applied for will
establish a safety zone.
10
      (2)
The application must also—
(a)
describe the other provisions the application asks to be included in
the notice applied for; and
(b)
include such other information as may be prescribed by regulations
made by the Secretary of State.
15
      (3)
An application is not allowed to be made orally.
Objections to an application
4     (1)
The Secretary of State may by regulations make provision for securing—
(a)
that, in the prescribed circumstances, notice of an application is
published in the prescribed manner;
20
(b)
that, in the prescribed circumstances and in any other case where the
Secretary of State so directs, notice of an application is served on the
persons who are prescribed or are specified in the direction;
(c)
that every notice published or served in pursuance of the regulations
states the period within which objections to the application may be
25
made, and the manner in which any objections are to be made;
(d)
that the period so stated is not less than the prescribed period after
the publication or service of the notice;
(e)
that, where such a notice requires objections to be sent to a person
other than the Secretary of State, the recipient of the objections is
30
required to send copies of them to the Secretary of State.
      (2)
The regulations may provide that the Secretary of State may give such
directions dispensing with the requirements of the regulations as he
considers appropriate.
      (3)
Where objections, or copies of objections, to an application have been sent to
35
the Secretary of State in compliance with the regulations, the Secretary of
State—
(a)
must consider those objections, together with all other material
considerations, with a view to determining whether a public inquiry
should be held with respect to the application; and
40
(b)
if he thinks it appropriate to do so, must cause a public inquiry to be
held, either in addition to or instead of any other hearing or
opportunity of stating objections to the application.
      (4)
In this paragraph “prescribed” means prescribed by regulations under this
paragraph.
45

Energy Bill [HL]
Schedule 16 — Applications and proposals for notices under section 94
232

Objections in other cases
5     (1)
This paragraph applies where—
(a)
the Secretary of State is proposing to issue a safety zone notice
without an application having been made; or
(b)
the Secretary of State, in response to an application but without the
5
holding of a public inquiry, is proposing to issue a safety zone notice
in terms that are materially different from those applied for.
      (2)
The Secretary of State must—
(a)
publish notice of the proposal in such manner as he considers
appropriate for bringing it, as soon as is reasonably practicable, to
10
the attention of persons likely to be affected by it; and
(b)
serve notice of the proposal on such persons as he considers
appropriate.
      (3)
The notice that is published or served must describe, by way of a map—
(a)
the place where the relevant renewable energy installation is to be, or
15
is being, constructed, extended, operated or decommissioned; and
(b)
the waters in relation to which any declaration proposed will
establish a safety zone;

and it must also describe the other provisions that the Secretary of State
proposes to include in the safety zone notice.
20
      (4)
That notice must also—
(a)
state the period within which objections to the proposal may be
made; and
(b)
the manner in which any objections are to be made.
      (5)
The period for making objections must not be shorter than the minimum
25
period which would be applicable, in accordance with regulations under
paragraph 4, if the notice were being published in respect of an application
for a safety zone notice.
      (6)
Where objections or copies of objections to the proposal have been sent to the
Secretary of State, he—
30
(a)
must consider those objections, together with all other material
considerations, with a view to determining whether a public inquiry
should be held with respect to the proposal; and
(b)
if he thinks it appropriate to do so, must cause a public inquiry to be
held, either in addition to or instead of any other hearing or
35
opportunity of stating objections to the proposal.
Public inquiries
6     (1)
This paragraph applies where a public inquiry is to be held.
      (2)
In the case of an inquiry to be held in respect of an application—
(a)
the Secretary of State must inform the applicant that it is to be held;
40
and
(b)
the applicant must, in two successive weeks, publish a notice in one
or more local newspapers circulating in one or more areas
determined in accordance with regulations made by the Secretary of
State.
45
      (3)
In the case of an inquiry in respect of a proposal of the Secretary of State, he
must publish a notice in such manner as he considers appropriate for