Annex A
FUNCTIONS, DUTIES AND POWERS OF THE NUCLEAR
DECOMMISSIONING AUTHORITY
1. This paper summarises the functions,
duties and powers of the Nuclear Decommissioning Authority (the
"NDA") under the provisions of Part 1 Chapter 1 of the
Energy Act 2004 (the "Act"). It therefore summarises
sections 3 to 26 of the Act only. Provisions relating to tax matters,
the establishment of a Nuclear Decommissioning Funding Account
and to the constitution of the NDA are not therefore addressed.
It should also be borne in mind that (a) although this paper only
deals with the Act itself, this legislation operates within a
wider legal framework, and (b) sections 11 and 12 of the Act and
Schedule 2, which relate to strategy, are not yet in force.[42]
2. For ease of reference, the term "Ministers"
in this paper refers to the Secretary of State acting alone or
(as the case may be) jointly with the Scottish Ministers. References
to section numbers are to sections of the Act.
3. Part A sets out the principal and supplemental
functions and duties of the NDA under the Act, together with the
powers it has for discharging them and the limitations of those
powers. Part B sets out the accounting, reporting and financial
functions, duties and powers of the NDA.
PART A: GENERAL
AND SUPPLEMENTAL
FUNCTIONS, DUTIES
AND POWERS
OF THE
NDA
What are the general functions and duties of the
NDA?
Principal Function of the NDA (Section 3)
4. The NDA will be given its principal functions
by means of designating directions under section 3 of the Act.[43]
The principal functions of the NDA, which are set out in section
3(1), are to be responsible for securing:
(a) the operation of designated nuclear installations[44]
pending commencement of their decommissioning (this covers the
three operational Magnox nuclear power stations ie Oldbury, Sizewell
A and Wylfa);
(b) the decommissioning of those and other
designated nuclear installations;
(c) the cleaning-up of designated nuclear
sites (where "site" includes land within the United
Kingdom and adjacent territorial waters, and "nuclear site"
means either a "principal nuclear site"[45]
or a "contaminated site" as are defined in section 36);
(d) the operation of designated facilities
(where "facility"[46]
includes a business and installations, vehicles or other property
used in connection with the business) for treating,[47]
storing, transporting or disposing of hazardous material.[48]
This function includes the operation of BNFL's Thermal Oxide Reprocessing
Plant ("THORP"), the Sellafield MOX Plant ("SMP")
and other commercial plants and facilities at Sellafield, and
the low level waste disposal site at Drigg;
(e) the treatment, storage, transportation
and disposal, in designated circumstances, of hazardous material.
This means that the NDA can be designated responsibility for treating,
storing and disposing of nuclear matter, radioactive waste or
contaminated matter which is not necessarily on a nuclear site
which is itself the responsibility of the NDA (eg landfill 42
at Dounreay); and
(f) the decommissioning of designated installations
comprised in NDA facilities (where "NDA facility" means
a facility which is being or has been used in connection with
the storage, disposal or treatment of hazardous material, and
is a facility for the operation of which the NDA has or has had
a responsibility under (d) above). Designation for this purpose
will provide for the cleaning-up of a category of principal nuclear
site on which there is a treatment, storage or disposal facility
that has been operated by the NDA but which is not on a licensed
or Crown site.
5. The terms "cleaning-up" (which
relates to sites) and "decommissioning" (which relates
to nuclear installations)[49]
are defined to include the treatment, storage, transportation
and disposal of hazardous material (ie nuclear matter, radioactive
waste and any other article that has been and remains contaminated,
radioactively or chemically, as a result of nuclear activities)
and of other matter that needs to be dealt with in order to make
the site or installation suitable for use for other purposes,
as well as to the construction of buildings and other structures
to be used in connection with such activities. Section 3(6) of
the Act provides that unless the relevant designation specifically
provides otherwise, the NDA is required to decommission all installations
on a principal nuclear site that has been designated for cleaning-up.
6. Section 3 is framed in general terms
so that, in addition to the BNFL and UKAEA sites, Ministers could
in future give the NDA responsibility for the decommissioning
and cleaning up of Ministry of Defence sites and/or sites operated
by companies in the private sector.
7. The designation of an installation, site,
or facility for the purposes of section 3 and of NDA's responsibilities
relating to it will be set out in the form of a direction given
by Ministers to the NDA. The NDA must discharge these responsibilities
by performing the duties which are set out in sections 15 and
16 respectively. Under sections 15 and 16, the NDA's duties to
clean up designated sites and to operate installations includes
duties to implement the approved strategy and give effect to the
approved plan (see Part B below) for the forthcoming year. These
sections are summarised below.
Duty to decommission and clean-up installations
and sites (Section 15)
8. Where the NDA has a responsibility for
securing the decommissioning of an installation or the cleaning-up
of a site, the NDA has a duty to take all such steps as it deems
appropriate:
(a) for securing the implementation in the
case of that installation or site of the NDA's approved strategy
for decommissioning and cleaning-up;
(b) for the achievement of the objectives
set out in that strategy that are applicable to the installation
or site;
(c) for giving effect in each financial year
to its approved plan for that year, so far as it relates to the
decommissioning of that installation or the cleaning-up of that
site.
Section 15(2) imposes a duty on the NDA to consider
what such steps are appropriate.
9. However, if a designated site is a contaminated
site (ie a site which is not a principal nuclear site but which
has become contaminated as a consequence of nuclear activities),
the duty to clean-up such a site is subject to any general or
specific directions given by Ministers. However, the NDA is not
subject to such directions in respect of the cleaning-up of a
principal nuclear site or the decommissioning of an installation
thereon.
Duty to operate installations and to provide treatment
(Section 16)
10. Where the NDA has responsibility for:
(a) securing the operation of a nuclear installation;
a facility for treating, storing, transporting or disposing of
hazardous material; or of any other facility;
(b) or where it has responsibility for the
treatment, storage, transportation or disposal, in designated
circumstances, of hazardous material; or for the management of
any land not comprised in a site designated as a site to be cleaned
up,
then section 16 provides that such responsibility
is an obligation to secure that these actions are undertaken in
accordance with general and specific directions given by Ministers
from time to time, and also to ensure that the NDA is acting in
accordance with its approved strategy for the operation of designated
installations and designated facilities and in accordance with
its approved annual plan for that year. Some of the designations
include specific directions under section 16 (for example, Sellafield,
where there are specific directions in respect of Thorp and Fellside
Power Station and Springfields where there are directions in respect
of the manufacture of Magnox and AGR fuel).
Additional responsibilities of the NDA under designating
directions and Ministers' powers to modify and revoke directions
(Sections 4 and 5)
11. The Secretary of State may, under section
4, give the NDA certain additional responsibilities when or after
making a designation under section 3. These additional responsibilities
will be limited to those that will assist the NDA in carrying
out functions it already has, or those which are incidental to
that purpose. Section 4(1) provides that additional management
responsibilities may be given where the NDA is responsible for
operating an installation or facility situated on a site but where
it does not have responsibility for cleaning-up the site. Section
4(2) enables the NDA, in situations where it has responsibility
in relation to a principal nuclear site, to be given additional
responsibility for operating or managing various facilities or
land. Examples of such additional responsibilities include the
operation and management of the BNFL Technology Centre at Sellafield,
and the management of "buffer" land, ie land surrounding
the principal nuclear site.
12. Ministers have general powers to revoke
or modify designating directions at any time, with an important
exception: once a direction has been made giving the NDA responsibility
for the decommissioning of an installation or for the cleaning-up
of a principal nuclear site, then it may be revoked only if Ministers
are satisfied that the NDA has discharged all its responsibilities
in relation to the decommissioning or cleaning up of the installation
or site.
Supplemental Functions of the NDA (Section 7)
13. Under Section 7(1), the NDA has the
function, to the extent it considers it appropriate, to:
(a) carry out research into matters relating
to the decommissioning of nuclear installations, cleaning-up of
nuclear sites and other activities in relation to which it has
functions;
(b) promote the carrying out of research
by others into those matters;
(c) distribute information about those matters;
(d) educate and train persons about those
matters;
(e) give encouragement and other support
to activities that benefit the social or economic life of communities
living near designated installations, designated sites or designated
facilities or that produce other environmental benefits for such
communities. This recognises that in some areas the NDA will be
a major contributor to local economic activity and that the NDA
will have a role to play in this arena. However, in carrying out
this function, section 7(4) provides that the NDA must have regard
to the extent to which the person controlling the designated site,
installation or facility was, before the designation, doing such
activities, and must consider what obligations will need to be
imposed upon any persons with whom the NDA is proposing to contract
in connection with the discharge of its responsibilities in respect
of the designated site, installation or facility. Although the
NDA therefore has a discretion to give encouragement and support,
it must in any event comply with the general duty set out in subsection
9(4) that when the NDA proposes to contract with any person for
the provision of services in connection with the discharge of
its responsibilities in relation to a designated installation,
site, or facility, then before entering into any such contract
it must require the proposed contractor to produce a proposed
strategy for procuring the necessary goods and services he will
need in order to carry out the contract, and the NDA must then
consider the likely effect of the implementation of the contractor's
strategy on the economic life of communities living near the installation,
site or facility.
14. The NDA therefore has a duty to consider
whether and to what extent to carry out these functions. In any
event, the NDA must ensure that the exercise of its functions
in any of these matters does not adversely affect the discharge
of its principal responsibilities set out under section 3(1) (see
paragraph 4 above).
15. Under section 7(2) the Secretary of
State may require the NDA to act on his behalf in relation to
agreements to which he is a party (eg with British Energy). Under
section 7(4) Ministers can require the NDA to give advice about
any of the things in which the NDA requires an expertise for carrying
out its functions, and the NDA can provide general advice to Ministers
in respect of those things in which it requires an expertise on
its own initiative if it feels this is appropriate.
Special functions and powers in relation to pensions
(Section 8 and Schedule 8)
16. The NDA has the function, to the extent
it considers it appropriate to do so, to establish, inter alia,
pension schemes for relevant employees (including UKAEA employees)
and a scheme for compensation for personal injuries caused to
employees or to others employed in the nuclear industry. At present,
BNFL administers a compensation scheme on behalf of the nuclear
industry. The NDA will have the power to administer such a scheme
set out in section 8. This is necessary in case the members of
the scheme decide at any time that the NDA is best placed to administer
it. As with the functions under section 7, the NDA has an obligation
to consider matters set out in section 8.
17. Schedule 8 contains a number of NDA
powers and duties in relation to pensions. Under para 2 of Schedule
8, the NDA has powers to modify by direction a "relevant
pension scheme", for purposes connected with extending the
persons who may participate in the scheme, and to confer management
functions on the NDA. These powers are intended to be used (if
necessary) in relation to the BNFL Group pension scheme. Further
the NDA is under a duty to ensure that employees transferred for
NDA purposes, other than by transfer scheme, and are thereby precluded
from membership of their current pension scheme, are entitled
to membership of a scheme that is (overall) no less favourable
than their existing scheme: see paragraph 11, Schedule 8. The
NDA has powers to modify any pension scheme maintained by it under
section 8, where appropriate for the purpose of securing that
such a pension scheme is an appropriate alternative pension scheme
for transferred employees: paragraph 12, Schedule 8.
General duties when carrying out functions (Section
9)
18. When carrying out any of its functions,
the NDA must:
1. have particular regard to relevant Government
policy and the need to:
(a) safeguard the environment;
(b) protect persons from risks to their health
and safety from activities involving use, treatment, storage,
transportation or disposal of hazardous material;
(c) preserve nuclear security;
2. ensure there is a skilled workforce in
the United Kingdom able to undertake the work of decommissioning
nuclear installation sand cleaning-up nuclear sites;
3. promote effective competition for contracts
to provide it with the services it must secure in order to discharge
its responsibilities;
4. secure adoption of good practice by persons
controlling the designated installations, sites and facilities.
19. Subject always to these four "overriding"
duties, section 9(2)(d) provides that the NDA also has a duty
to secure value for money (best value) in its dealings with others.
20. Section 9(3) provides that in carrying
out its functions with respect to the operation and management
of designated sites, the NDA shall have the duty "to act
in the manner that it considers is most beneficial to the public".
Thus, the NDA must give consideration to these matters and then
act in the manner it considers most beneficial.
Duty to use installations etc for purposes of
NDA (Section 17)
21. Any "person with control"[50]
of a designated installation, site or facility, must secure that
the designated installation, site or facility or any related right
or interest is not used or disposed of (including granting a lease
or licence) except for purposes which facilitate the discharge
of the NDA's responsibilities and, in relation to the discharge
of those responsibilities, that person must secure that they do
not contravene any separate statutory obligation imposed upon
them. However, section 17 envisages that the NDA has the power
to consent to such disposal. Except where the NDA otherwise directs,
or where the NDA is charging for the work it is doing, section
17(5) requires the person with control to pay to the NDA any sums
and other benefits received as a consequence of operation the
site, installation, or facility or the disposal of an interest
or right in relation to the site, installation or facility. The
main purpose of this provision is to ensure that where the NDA
is funding the operation of installations such as THORP, SMP and
Magnox stations, it also receives the income generated by such
operations. Section 22(3) in turn requires the NDA to pay the
money received to the Secretary of State.
What Powers does the NDA have to carry out its
functions and duties? How are these powers limited?
Powers of the NDA for carrying out its functions
(Section 10)
22. Section 10(1) provides a broad power
to the NDA do all such things as appear to it to be likely to
facilitate the carrying out of its functions, or to be incidental
to carrying them out. Section 10(2) provides that this may include,
without limitation the power:
(a) to operate electricity generating stations
(such as the Combined Heat and Power station at Fellside which
provides essential steam and electricity to the Sellafield site
and the Maentwrog hydroelectric station which is located on Llyn
Trawsfyndd);
(b) to apply for and hold nuclear site licences
and registrations and authorisations under the 1993 Act (in the
event that it is decided that the NDA must, subject to meeting
site licensee requirements, take more direct responsibility for
the work on any site);
(c) to make grants or loans in relation to
its obligations relating to the economic and social life of communities
or in relation to research related to decommissioning etc);
(d) to use its facilities and designated
sites for carrying out research on behalf of others in relation
to any matter or for carrying on any activities it considers appropriate
for generating funds for application towards carrying out its
functions;
(e) to delegate to the UKAEA the maintenance
of any employees' pension scheme set up under section 8;
(f) to do itself anything that the NDA has
a function of securing others to do;
(g) to enter into contracts for others to
secure the things that it has a function of securing (ie to subcontract);
(h) to enter into contracts for others to
do anything else that it may do for the purpose of, or in connection
with, the carrying out of its functions;
(i) to establish or acquire subsidiaries
and to carry out its functions through those subsidiaries.
23. However, the Act does not empower the
NDA to do anything which is not required for the purpose of, or
in connection with, the carrying out of its functions.
24. Sections 10(3) and 10(4) provide that
the NDA may impose charges on persons with control of installations,
sites and facilities or on other persons for those things it does
in the discharge of its responsibilities only if: (a) it does
not have a financial responsibility for those things under section
21 and (b) the Secretary of State has approved the charge (either
by a direction made under section 3 or otherwise).
Power of the NDA to give directions to persons
with control (Section 18)
25. Where a nuclear installation (or an
installation comprised in an NDA facility), a principal nuclear
site, or a facility situated in or on a principal nuclear site
is designated, the NDA can direct the person in control to prepare
plans for the decommissioning or operation of the installation,
for the cleaning up or management of the site, or the operation
of the facility or the cleaning up of related sites (as may be
specifically designated in accordance with section 19), and to
submit them to the NDA for approval, as set out in section 18(2).
The person in control must comply with all further directions
of the NDA falling within subsection 18(3) as the NDA may make
from time to time. These categories are:
(a) directions (in the case of an installation
or site) requiring the carrying out, pending the preparation and
approval of plans required by the NDA, of specified decommissioning
or cleaning-up work in or on the installation or site or related
sites;
(b) directions requiring the installation,
site or facility to be operated or managed, pending the preparation
and approval of such plans, in the specified manner;
(c) directions to modify in the specified
manner, and to resubmit, a plan submitted to the NDA for approval,
or approved by it, under this section;
(d) directions (in the case of an installation
or site) requiring the carrying out, pending the preparation and
approval of modifications of a plan, of specified decommissioning
or cleaning-up work in or on the installation or site or related
sites;
(e) directions requiring the implementation
of a plan that the NDA has approved;
(f) directions requiring specified transactions
to be entered into, and other specified steps to be taken, for
the purposes of or in connection with the implementation of such
a plan;
(g) directions requiring the provision to
the NDA of all the information that it requires in order:
(i) To discharge its responsibilities
in relation to the installation, site or facility and in relation
to related sites; or
(ii) To enter into and agreement for
the purpose of discharging those responsibilities.
26. The NDA may, under section 18(2) (e)
make any additional directions to the person with control that
the NDA may give for the purpose of discharging its responsibilities
under section 3(1)(e), or 4(1), (2) or (4).
27. The NDA may also give directions to
the person holding the majority of the voting rights in a company
with control of the installation, site or facility in order to
procure the company's compliance with its obligations under section
18, and may require any person required to prepare plans for the
purposes of section 18 to consult with certain persons in a certain
manner before submission of such plans for NDA approval.
28. However, the NDA is not permitted to
make directions under section 18 except for the purpose of giving
effect to its approved annual financial plan or strategy, and
a direction under section 18 cannot authorise any contravention
of any obligation in relation to a site, installation or facility
to which the person with control is subject by an enactment (which
includes regulatory requirements from the Health and Safety Executive,
the Environment Agency or the Scottish Environmental Protection
Agency).
29. The duty of a person to whom a direction
is given under section 18 is enforceable against that person by
the NDA in civil proceedings, as set out in section 20 (provided
the NDA has complied with its financial obligations under section
21), except to the extent that the person is relieved of it or
part of it by (i) the provisions of an agreement between the NDA
and that person or its parent entity, or (ii) in the case where
the person with control is a Crown appointee, by an order made
by the Secretary of State.
PART B: ACCOUNTING,
REPORTING AND
FINANCIAL FUNCTIONS
AND DUTIES
OF THE
NDA
What are the duties of the NDA in relation to
strategies, annual plans and reports?
Strategy (Sections 11 and 12, and Schedule 2)
30. The NDA must prepare a strategy for
carrying out its functions, review it every five years and if
necessary revise it. It must also revise it from time to time,
in particular, when the NDA is given a new responsibility for
securing decommissioning or cleaning-up of a site.
31. Section 12 sets out the contents the
strategy must have. The key requirements are that it must:
(a) Cover both the decommissioning and cleaning-up
of the installations and sites for which the NDA is responsible
and its strategy for operating installations and facilities whilst
they remain operational;
(b) Set out the NDA's objectives in relation
to the decommissioning and clean-up of the various installations
and sites for which it is responsible, including the condition
to which sites are to be restored, and how, and over what period
and at what estimated cost, it intends to achieve those objectives;
(c) Set out the NDA's priorities, and how
it intends to promote a skilled workforce, competition, good practice,
and encourage or support activities benefiting the socio-economic
or environmental development of communities near its installations
and sites, as well as the rational for its strategy. It must also
set out how the NDA intends to publicise its strategy, engage
in stakeholder dialogue, and listen to external views.
32. Schedule 2 sets out the procedural requirements
relating to the strategy. The NDA must carry out a consultation
process with specified persons before preparing or revising the
strategy for submission to Ministers for approval, and, importantly,
any strategy prepared or revised by the NDA shall only have effect
if approved by the Ministers. Where Ministers decide not to approve
what was submitted the NDA must modify the strategy or revision
for resubmission (after repeating the consultation process) and
must comply with every direction given to it by Ministers.
33. The matters on which Ministers can give
directions to the NDA in respect of preparing a strategy or revision
are:
(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 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 installations or sites of a
particular description.
34. However, before giving the NDA directions
with regard to preparing a modified strategy for re-submission
Ministers must consult the bodies and persons (including the NDA)
set out in paragraph 5(9) of Schedule 2.
Annual plans (Section 13 and Schedule 3)
35. Section 13 and Schedule 3 provide that
the NDA must consult with specified relevant persons before preparing
a plan for each financial year in respect of its functions to
be carried out during that year, and must then submit it for approval
to the Ministers at least three months before the start of the
relevant financial year (to allow an opportunity for discussion
between Ministers and NDA to resolve any points of difference).
As with the strategy, if the plan is not approved the NDA must
modify it, re-consult the bodies set out in Schedule 3, and resubmit
it to Ministers, who may direct the NDA on what matters the re-submitted
plan must address (after consultation with the NDA and other bodies).
36. Schedule 3 sets out the details of the
requirements for consultation and of the contents of the annual
plans. In brief, the plan must summarise all work to be done,
and give an estimate of the expenditure to be incurred by the
NDA, in relation to its various functions during the relevant
financial year.
37. The Secretary of Sate may direct the
NDA to include any other matters in its annual plan.
Annual Report (Section 14)
38. As soon as is reasonably practicable
after the end of each financial year, the NDA must send to the
Ministers a report on the discharge of its responsibilities during
that year and on the carrying out of its other functions. The
report must deal separately with activities in respect of decommissioning
and clean-up, and operations installations and facilities such
as the Magnox stations, THORP and SMP. The detailed contents the
annual report must have are set out in section 14(3). Although
the annual report does not need to be approved by Ministers, Ministers
may direct the NDA to include other matters in the annual report.
What are the financial responsibilities of the
NDA? What are its accounting obligations?
Financial responsibilities of the NDA (Sections 21
and 22)
39. The NDA is financially responsible under
section 21 for the costs of decommissioning or operation of installations
or facilities or cleaning-up of sites which become designated
installations, sites or facilities at a time when the person with
control is:
(a) a Crown appointee; or
(b) the UKAEA (or its wholly-owned subsidiary);
or
(c) any other publicly owned company which
was publicly owned on 4 July 2002 ie BNFL (or such company's wholly-owned
subsidiary).
40. Where section 21 applies but the person
in control of the site, installation or facility is not the NDA
itself, section 21(3) provides that the NDA must ensure that the
other person is not liable (and cannot become liable) to meet
the costs of the discharge of the NDA's responsibilities in relation
to that site, installation or facility. Therefore the NDA cannot
impose charges on the person in control in such situations, and
must meet the costs of that person incurred in discharging its
obligations under sections 17 and 18. Further, the NDA must make
such arrangements as it sees fit for securing that the person
with control is able to meet its liabilities in respect of NDA
responsibilities as they fall due, which may include arrangements
for incentive payments.
41. However, section 21(9) provides that
the provisions of section 21 have effect subject to the terms
of any agreement between it (or its parent entity) and the NDA.
In other words the provisions of section 21 have effect subject
to the terms of any agreement between NDA and (inter alia)
the SLC. Thus it is possible to apportion financial responsibility
as between the NDA and the SLC in respect of clean-up, decommissioning
or operational obligations. This will not, however, limit NDA's
overall "public law" obligations to clean-up and decommission
under the Act
42. Section 22(2) provides that grants made
under section 22 are to be on such terms as the Secretary of State
may determine. Section 22(3) provides that the NDA must pay to
the Secretary of State all sums received by it other than grants
made to it by the Secretary of State.
Borrowing by the NDA (Sections 23 to 25)
43. Section 23 provides that the NDA has
no power to borrow money except:
(a) from the Secretary of State (who has
discretion whether to lend and on what terms), or
(b) temporarily from other persons (with
the Secretary of State's prior consent).
44. The NDA's borrowing limit, set out in
section 24, is £2,000 million (which may be increased by
order of the Secretary of State). The Secretary of State may guarantee
the borrowing of the NDA on such terms as she sees fit.
Accounts (Section 26)
45. Section 26 provides that the NDA must
keep proper accounts and accounting records and prepare a statement
of accounts in respect of each accounting year, which must comply
with every requirement notified to it by the Secretary of State
in respect of those accounts. The Comptroller and Auditor General
will audit the accounts, and will send an audit report to the
NDA. The NDA must then send to the Ministers a copy of the annual
accounts and a copy of the Comptroller and Auditor General's report.
The times for compliance with these requirements will be given
to the NDA by directions made by the Secretary of State.
42 Sections 1, 2 and 10 came into force on 27 July
2004; sections 3, 4, 5(1), 6, 9, 13 ,22 and Schedule 3 came into
force on 24 August 2004; Sections 5(2) to 5(9), 7, 8, 14, 15 to
20, 21, and 23 to 26 came into force on 5 October 2004. The provisions
relating to the Strategy will come into force on 1 April 2005.
Accordingly the NDA will have 12 months from that date in which
to prepare its first strategy. Back
43
These directions were made on 3 December 2004, and come into
force on 1 April 2005. Back
44
"Installation" is defined in section 37 to include
buildings, structures and apparatus, and a "nuclear installation"
means an installation on a principal nuclear site, plus any pipes,
conduits and other apparatus connected to it that are not on the
principal nuclear site but not including an installation comprised
in an NDA facility. Back
45
Defined in section 36 as including sites where a nuclear site
licence in force. All the BNFL and UKAEA sites that are to be
designated to enable the NDA to prepare its first annual plan
(ie 18 sites) are sites where there is a nuclear site licence
in force. Back
46
Defined in section 37. Back
47
Includes reprocessing and manufacturing fuel, but defined fully
in section 37. Back
48
Includes nuclear matter and radioactive waste, but defined fully
in section 37. Back
49
There is essentially no practical difference between "cleaning-up"
and "decommissioning", but it was considered necessary
to use different terms in relation to sites and nuclear installations. Back
50
As defined in subsection 36(3), but including a nuclear site
licensee or other person appointed to be the person in control
by the Secretary of State. Back
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