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Energy Bill


Energy Bill
Part 3 — Decommissioning of energy installations
Chapter 1 — Nuclear sites: decommissioning and clean-up

36

 

6E      

Property schemes in respect of offshore transmission licences

Schedule 2A (which provides for property schemes in connection with

grants of offshore transmission licences) shall have effect.”

(3)   

In section 64 (interpretation of Part 1)—

(a)   

in subsection (1A) (inserted by section 180 of the Energy Act 2004

5

(c. 20)), in paragraph (a), after “it is” insert “in an area of GB internal

waters,”, and

(b)   

after that subsection insert—

“(1AA)   

In subsection (1A)(a) “GB internal waters” means waters in or

adjacent to Great Britain which are between the mean low water

10

mark and the seaward limits of the territorial sea adjacent to

Great Britain, but do not form part of that territorial sea.”

(4)   

Before Schedule 3 insert the Schedule set out in Schedule 2 (property schemes).

Part 3

Decommissioning of energy installations

15

Chapter 1

Nuclear sites: decommissioning and clean-up

Funded decommissioning programmes

41      

Duty to submit a funded decommissioning programme

(1)   

This section applies where, on or after the day on which this section comes into

20

force, a person applies for a nuclear site licence in respect of a site to which

subsection (2) applies.

(2)   

This subsection applies to—

(a)   

a site on which the person intends to construct a nuclear installation for

a purpose for which a licence under section 6(1)(a) of the Electricity Act

25

1989 (c. 29) or Article 10(1)(a) of the Electricity (Northern Ireland)

Order 1992 (S.I. 1992/231 (N.I.)) (generating licences) is required, and

(b)   

a site to which this section previously applied by virtue of paragraph

(a) and on which the person intends to operate a nuclear installation

which was constructed for such a purpose.

30

(3)   

The person must—

(a)   

give written notice of the application to the Secretary of State, and

(b)   

prepare and submit to the Secretary of State a funded decommissioning

programme.

(4)   

A funded decommissioning programme is a programme which—

35

(a)   

makes provision for the technical matters, and

(b)   

specifies how the implementation of that provision, so far as it relates

to the designated technical matters, is to be financed.

(5)   

The technical matters, in relation to a site, are—

 
 

Energy Bill
Part 3 — Decommissioning of energy installations
Chapter 1 — Nuclear sites: decommissioning and clean-up

37

 

(a)   

the treatment, storage, transportation and disposal of hazardous

material (within the meaning of section 37 of the Energy Act 2004)

during the operation of a nuclear installation on the site,

(b)   

the decommissioning of any relevant nuclear installation and the

cleaning-up of the site;

5

   

and for the purposes of paragraph (a) a nuclear installation is not to be

regarded as being operated at a time when it is being decommissioned.

(6)   

The designated technical matters, in relation to a site, are—

(a)   

such of the matters within subsection (5)(a) as are specified by the

Secretary of State by order, and

10

(b)   

the matters within subsection (5)(b).

(7)   

The funded decommissioning programme must, in particular, contain—

(a)   

details of the steps to be taken under the programme in relation to the

technical matters,

(b)   

estimates of the costs likely to be incurred in connection with the

15

designated technical matters, and

(c)   

details of any security to be provided in connection with those costs.

(8)   

A person who submits a programme must pay to the Secretary of State such fee as may

be determined in accordance with regulations under section 50, in respect of the costs

mentioned in subsection (9), at a time determined in accordance with such regulations.

20

(9)   

The costs are those incurred by the Secretary of State in relation to the

consideration of the programme, including, in particular, the costs of obtaining

advice in relation to—

(a)   

the programme, or

(b)   

information required in relation to the programme in accordance with

25

section 48(4).

42      

Approval of a programme

(1)   

The Secretary of State may approve or reject a funded decommissioning

programme submitted under section 41 in respect of a site.

(2)   

The Secretary of State may approve a programme—

30

(a)   

with or without modifications, and

(b)   

unconditionally or subject to conditions.

(3)   

A modification under subsection (2) may, in particular, impose obligations, or

additional obligations, on a body corporate associated with the person who

submitted the programme.

35

(4)   

The Secretary of State’s powers under subsections (1) to (3) must be exercised

with the aim of securing that prudent provision is made for the technical

matters (including the financing of the designated technical matters).

(5)   

Before deciding whether to approve or reject a programme, the Secretary of

State must consult each interested body about—

40

(a)   

the programme, and

(b)   

any modification which it is proposed to make, or any condition it is

proposed to impose,

   

so far as it relates to a function conferred on the interested body by or under an

enactment.

45

 
 

Energy Bill
Part 3 — Decommissioning of energy installations
Chapter 1 — Nuclear sites: decommissioning and clean-up

38

 

(6)   

“Interested body” means—

(a)   

the Health and Safety Executive,

(b)   

in relation to a funded decommissioning programme for a site in

England and Wales, the Environment Agency, and

(c)   

in relation to a funded decommissioning programme for a site in

5

Northern Ireland, the Department of the Environment for Northern

Ireland.

(7)   

Before approving a programme with modifications or subject to conditions, the

Secretary of State must give the following persons an opportunity to make

written representations about the proposed modifications or conditions—

10

(a)   

the site operator;

(b)   

any other person with obligations under the programme;

(c)   

in the case of proposed modifications, any person who would have

such obligations were the modifications made.

(8)   

The Secretary of State may not reject a programme without informing the site

15

operator of the reasons for doing so.

(9)   

The Secretary of State must act without unreasonable delay in reaching a

decision as to whether to approve or reject a programme.

(10)   

Where a nuclear site licence has been applied for, but not yet granted, in respect

of a site, references in this section to the site operator include references to the

20

person who has applied for a nuclear site licence in respect of the site.

43      

Prohibition on use of site in absence of approved programme

(1)   

This section applies where a person is required to submit a programme under

section 41 by reason of an application made for a nuclear site licence in respect

of a site.

25

(2)   

It is an offence for the person to use or permit another person to use the site, by

virtue of the licence, at a time when there is no programme submitted in

accordance with that requirement and approved under section 42.

(3)   

A person guilty of an offence under this section is liable—

(a)   

on summary conviction, to a fine not exceeding the statutory

30

maximum, or

(b)   

on conviction on indictment, to imprisonment for a term not exceeding

2 years or to a fine, or both.

Modification of approved programmes

44      

Modification of approved programme

35

(1)   

Where the Secretary of State has approved a funded decommissioning

programme in respect of a site, a person mentioned in subsection (2) may—

(a)   

propose a modification of the programme, or

(b)   

propose a modification of the conditions to which the approval of the

programme is subject.

40

(2)   

Those persons are—

(a)   

the Secretary of State,

(b)   

the site operator, and

 
 

Energy Bill
Part 3 — Decommissioning of energy installations
Chapter 1 — Nuclear sites: decommissioning and clean-up

39

 

(c)   

any other person who has obligations under the programme (provided

that the site operator consents to the proposed modification).

(3)   

A proposal under subsection (1) may, in particular, propose—

(a)   

that obligations, or additional obligations, be imposed on a body

corporate associated with the site operator, or

5

(b)   

the removal of obligations imposed on a body corporate which is or

was so associated.

(4)   

In subsection (1)(b) “modification of the conditions” includes the imposition of

conditions where the programme was approved unconditionally.

45      

Procedure for modifying approved programme

10

(1)   

This section applies in relation to a proposal for the modification of an

approved funded decommissioning programme, or of the conditions, under

section 44 (but is subject to regulations under section 46).

(2)   

The proposal must be made by notice in writing given—

(a)   

if the proposal is made by the Secretary of State, to the site operator, and

15

(b)   

in any other case, to the Secretary of State.

(3)   

Where a proposal is made, the site operator must pay to the Secretary of State such fee

as may be determined in accordance with regulations under section 50, in respect of the

costs mentioned in subsection (4), at a time determined in accordance with such

regulations.

20

(4)   

The costs are those incurred by the Secretary of State in relation to the

consideration of the proposal, including, in particular, the costs of obtaining

advice in relation to—

(a)   

the proposal, or

(b)   

information required in relation to the proposal in accordance with

25

section 48(4).

(5)   

Where the Secretary of State makes the proposal, the following persons must

be given the opportunity to make written representations about the proposal—

(a)   

the site operator;

(b)   

any other person with obligations under the programme;

30

(c)   

any person who would have such obligations if the proposed

modification were made.

(6)   

The Secretary of State must—

(a)   

decide whether the proposed modification is to be made, and

(b)   

give notice of the decision, and the reasons for it, to every person who

35

has obligations under the approved funded decommissioning

programme, and

(c)   

if the decision is to make the modification, give such notice to any other

person who will have such obligations by reason of the modification.

(7)   

The Secretary of State’s power under subsection (6)(a) must be exercised with

40

the aim of securing that prudent provision is made for the technical matters

(including the financing of the designated technical matters).

(8)   

Before deciding whether the proposed modification is to be made, the

Secretary of State must consult each interested body (within the meaning of

 
 

Energy Bill
Part 3 — Decommissioning of energy installations
Chapter 1 — Nuclear sites: decommissioning and clean-up

40

 

section 42(6)) in so far as the modification relates to a function conferred on the

interested body by or under an enactment.

46      

Power to disapply section 45

(1)   

The Secretary of State may make regulations disapplying section 45 in relation

to modifications which—

5

(a)   

are proposed by a person within section 44(2) (other than the Secretary

of State), and

(b)   

are of a description specified by the regulations.

(2)   

Before making regulations under subsection (1), the Secretary of State must

consult—

10

(a)   

the Health and Safety Executive,

(b)   

the Environment Agency, and

(c)   

the Department of the Environment for Northern Ireland,

   

in so far as the regulations relate to a function conferred on the body by or

under an enactment.

15

(3)   

The regulations may, in particular—

(a)   

describe a modification by reference to its financial consequences;

(b)   

specify that, in determining whether a modification is of a specified

description or not, the cumulative financial effect of all modifications,

or all modifications of a specified class, within a specified period is to

20

be taken into account.

(4)   

In the case of a modification to which the regulations apply, the site operator

must give notice of the modification to the Secretary of State in such manner as

may be specified in the regulations.

47      

Time when modification takes effect

25

(1)   

This section applies where, in the case of an approved funded

decommissioning programme, a modification is made of the programme or of

the conditions to which its approval is subject.

(2)   

The modification does not take effect until the relevant time, and from that

time this Chapter has effect—

30

(a)   

in the case of a modification of the programme, as if the programme

had been approved by the Secretary of State under section 42 in the

modified form;

(b)   

in the case of a modification of the conditions to which the approval of

the programme is subject, as if the Secretary of State had approved the

35

programme under that section subject to the modified conditions.

(3)   

“The relevant time” means—

(a)   

in the case of a modification to which section 45 applies, the time

specified in the notice given under section 45(6)(b) of the Secretary of

State’s decision that the modification is to be made, and

40

(b)   

in the case of a modification to which regulations under section 46

apply, the time specified in the notice of the modification given to the

Secretary of State in accordance with section 46(4).

(4)   

The time specified in a notice as mentioned in subsection (3)(a) or (b) must not

be earlier than the time the notice is given.

45

 
 

 
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