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Thursday 22nd June 2006
Consideration of Bill
Page 92, line 2, leave out Clause 99.
Page 93, line 40, leave out Clause 100.
No government funds or guarantees for new nuclear power stations
To move the following Clause:—
‘(1) Subject to subsection (2) below, no Minister of the Crown or Government department shall provide funds to any nuclear power company, or guarantees of a financial or commercial nature relating to the performance of any obligations of any nuclear power company, in respect of the construction or operation of a new nuclear power station or any part of it.
(2) Subsection (1) above shall not preclude the provision of funds to a nuclear power company, or the provision of guarantees relating to the performance of any of its obligations, if they are provided under any enactment conferring a power or imposing a duty on any such Minister or department to provide such funds or guarantees—
(a) to or for the benefit of persons of any class or description which includes both a nuclear power company, and other organisations or persons; or
(b) in respect of expenditure of any class or description which includes expenditure on the construction or operation of a nuclear power station or any part of it.
(3) Where anything in contravention of subsection (1) above is done or proposed by or on behalf of a Minister of the Crown or Government department, any person who has suffered, or may suffer, loss in consequence of it may bring an action against the Minister or department concerned.
(4) In such an action the court may—
(a) grant a delcaration that the thing done or proposed is or would be in contravention of that subsection; or
(b) subject to subsection (5) below, make an award of damages.
(5) The court may only make an award of damages if the person bringing the action has suffered loss in consequence of something done and if, at the time when it was done, the Minister or Government department concerned knew—
(a) that it was in contravention of subsection (1) above; and
(b) that it would cause loss of the description suffered either to the person bringing the action or to persons of a class to which he belongs.
(6) The Crown Proceedings Act 1947 shall have effect as if anything done in contravention of subsection (1) above were a tort committed by the Minister, or by the Minister in charge of the department, by whom or on whose behalf the thing was done.
(7) In this section, a “nuclear power company” means an organisation which, other than predominantly for the purposes of research, either—
(a) generates electricity by means of a process involving nuclear fission or nuclear fusion; or
(b) deals with the radioactive materials used in connection with the said electricity generation.
(8) In this section, the term “guarantees of a financial or commercial nature” includes, but is not restricted to—
(a) indemnifying against potential liabilities,
(b) guarantees in respect of potential liabilities,
(c) insuring of potential liabilities,
(d) underwriting of potential liabilities,
(e) any form of price support,
(f) guaranteed purchases of electricity.
(9) In this section, a “new nuclear power station” means a power station generating electricity, other than predominantly for research purposes, by means of a process involving nuclear fission or nuclear fusion, which was not before 1 January 2007 generating electricity by either of those means.’.
|© Parliamentary copyright 2006||Prepared: 23 June 2006|