|
| |
|
| |
48 | Provision of information and documents |
| |
(1) | This section applies where either Condition A or Condition B is satisfied. |
| |
(2) | Condition A is that a funded decommissioning programme has been |
| |
submitted to the Secretary of State under section 41 and the Secretary of State |
| 5 |
has not yet decided whether to approve or reject it. |
| |
| |
(a) | a modification of a programme, or of the conditions subject to which a |
| |
programme is approved, has been proposed in accordance with section |
| |
| 10 |
(b) | the modification is not one to which regulations under section 46(1) |
| |
| |
(c) | the Secretary of State has not yet decided whether the modification |
| |
| |
(4) | The Secretary of State may by notice in writing require a person within |
| 15 |
| |
(a) | to produce documents, or documents of a description, specified in the |
| |
| |
(b) | to provide information, or information of a description, specified in the |
| |
| 20 |
| |
| |
(b) | any other person with obligations under the programme; |
| |
(c) | in a case where Condition A is satisfied, any body corporate associated |
| |
with the site operator and in relation to which the Secretary of State is |
| 25 |
considering making a modification under section 42 which, if made, |
| |
would result in the body corporate having obligations under the |
| |
| |
(d) | in a case where Condition B is satisfied, any person who would have |
| |
such obligations if the proposed modification were made. |
| 30 |
(6) | A notice under subsection (4)— |
| |
(a) | must specify the period within which the documents or information are |
| |
to be provided or produced; |
| |
(b) | may, in the case of information, require it to be provided in a manner |
| |
or form specified in the notice. |
| 35 |
(7) | This section applies only to information and documents the provision or |
| |
production of which the Secretary of State considers necessary for the purpose |
| |
of making the decision referred to in subsection (2) or (3). |
| |
(8) | If at any time it appears to the Secretary of State that a person has failed to |
| |
comply with a notice under subsection (4), the Secretary of State may make an |
| 40 |
application to the High Court under this section. |
| |
(9) | If, on an application under this section, the High Court decides that the person |
| |
has failed to comply with the notice, it may order the person to take such steps |
| |
as it directs for securing that the notice is complied with. |
| |
|
| |
|
| |
|
(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 |
| |
person who has applied for a nuclear site licence in respect of the site. |
| |
49 | Power to review operation of programme |
| |
(1) | This section applies where a funded decommissioning programme has been |
| 5 |
approved by the Secretary of State in relation to a site under section 42. |
| |
(2) | The Secretary of State may by notice in writing require information relating to |
| |
the operation of the programme from— |
| |
| |
(b) | any other person who has obligations under the programme. |
| 10 |
(3) | A notice under subsection (2) may be given only for the purpose of enabling |
| |
the Secretary of State to determine— |
| |
(a) | whether the programme is being complied with; |
| |
(b) | whether it will be possible for obligations under the programme arising |
| |
at a future date to be complied with; |
| 15 |
(c) | whether the programme makes prudent provision for the technical |
| |
matters (including the financing of the designated technical matters). |
| |
(4) | Subsection (5) applies if the Secretary of State determines (whether as a result |
| |
of information obtained under this section or otherwise)— |
| |
(a) | that the programme is not being complied with, |
| 20 |
(b) | that it will not be possible for an obligation under the programme |
| |
arising at a future date to be complied with, or |
| |
(c) | that the programme does not make prudent provision for the matters |
| |
mentioned in subsection (3)(c). |
| |
(5) | The Secretary of State may by notice in writing require information from— |
| 25 |
| |
(b) | any other person who has obligations under the programme, or |
| |
(c) | any body corporate associated with the site operator, |
| |
| for the purpose of enabling the Secretary of State to determine whether to make |
| |
a proposal, or the nature of any proposal to be made, under section 44 in |
| 30 |
respect of the programme. |
| |
(6) | Where a notice under subsection (2) or (5) has been given, the Secretary of State may |
| |
require the site operator to pay to the Secretary of State such fee in respect of costs |
| |
incurred by the Secretary of State in obtaining advice in relation to the information as |
| |
may be determined in accordance with regulations under section 50. |
| 35 |
(7) | A fee under subsection (6) must be paid at a time determined in accordance |
| |
with regulations under section 50. |
| |
(8) | If at any time it appears to the Secretary of State that a person has failed to |
| |
comply with a notice under subsection (2) or (5), the Secretary of State may |
| |
make an application to the High Court under this section. |
| 40 |
(9) | If, on an application under this section, the High Court decides that the person |
| |
has failed to comply with the notice, it may order the person to take such steps |
| |
as it directs for securing that the notice is complied with. |
| |
|
| |
|
| |
|
| |
50 | Nuclear decommissioning: regulations and guidance |
| |
(1) | The Secretary of State may make regulations about— |
| |
(a) | the preparation, content and implementation of funded |
| |
decommissioning programmes, |
| 5 |
(b) | the modification of funded decommissioning programmes under |
| |
| |
(c) | the modification, under those sections, of the conditions subject to |
| |
which funded decommissioning programmes are approved. |
| |
(2) | Regulations under this section may, in particular, make provision— |
| 10 |
(a) | about the technical matters in relation to sites to which section 41(2) |
| |
| |
(b) | about the estimation of the costs likely to be incurred in connection |
| |
with the designated technical matters in relation to such sites, and |
| |
about the manner in which such estimates are to be verified (which may |
| 15 |
include provision requiring verification by an independent third |
| |
| |
(c) | about the financing of those designated technical matters, including the |
| |
security to be provided for the performance of obligations imposed in |
| |
respect of those matters by virtue of programmes and the establishment |
| 20 |
and maintenance, for the purposes of such security, of trusts or other |
| |
arrangements to hold and accumulate funds; |
| |
(d) | about payments to a site operator or another person from funds so held |
| |
| |
(e) | for information prescribed, or of a description prescribed, by the |
| 25 |
regulations to be supplied to the Secretary of State by persons with |
| |
obligations under programmes at such intervals, or on such occasions, |
| |
| |
(f) | enabling the Secretary of State to charge a fee to a site operator in order to |
| |
recover the costs of obtaining advice in relation to information supplied in |
| 30 |
accordance with regulations under paragraph (e); |
| |
(g) | about how fees payable under this Chapter are to be determined; |
| |
(h) | about when fees payable under this Chapter are to be paid. |
| |
(3) | Regulations under this section may include provision making it an offence to |
| |
contravene specified provisions of the regulations. |
| 35 |
(4) | Where regulations under subsection (3) create an offence, they must also make |
| |
provision as to the mode of trial and punishment of offences; but— |
| |
(a) | any provision as to punishment on summary conviction must not |
| |
authorise a fine exceeding the statutory maximum or imprisonment, |
| |
| 40 |
(b) | any provision as to punishment on conviction on indictment must not |
| |
authorise imprisonment for a term exceeding 2 years. |
| |
(5) | The Secretary of State may publish guidance about— |
| |
(a) | the preparation, content, modification and implementation of funded |
| |
decommissioning programmes (including any matter mentioned in |
| 45 |
subsection (2)(a) to (e)); |
| |
(b) | the factors which the Secretary of State may take into account in |
| |
| |
|
| |
|
| |
|
(i) | to approve a programme, |
| |
(ii) | to approve a programme with modifications or subject to |
| |
| |
(iii) | to make a proposed modification to a programme or the |
| |
conditions subject to which it is approved. |
| 5 |
(6) | Before making regulations or publishing guidance under this section, the |
| |
Secretary of State must consult— |
| |
(a) | the Health and Safety Executive, |
| |
(b) | the Environment Agency, and |
| |
(c) | the Department of the Environment in Northern Ireland, |
| 10 |
| in so far as the regulations or guidance relate to functions conferred on them |
| |
by or under an enactment. |
| |
(7) | Subsection (6) may be satisfied by consultation before, as well as by |
| |
consultation after, the commencement of this section or the passing of this Act. |
| |
(8) | The Secretary of State must lay before Parliament a copy of any guidance |
| 15 |
published under this section. |
| |
(9) | Guidance under this section may make different provision for different cases |
| |
| |
51 | Funded decommissioning programmes: verification of financial matters |
| |
(1) | Regulations under section 50 may make provision enabling the Secretary of |
| 20 |
State to rely, in specified circumstances, on verification of financial matters by |
| |
an independent third party. |
| |
(2) | Regulations may, in particular, provide that for the purposes of the Secretary |
| |
of State’s functions under this Chapter, the Secretary of State may— |
| |
(a) | rely on estimates of costs verified by an independent third party in |
| 25 |
accordance with the regulations; |
| |
(b) | rely on an independent third party’s assessment of the prudence or |
| |
otherwise of any provision made for the financing of the designated |
| |
| |
Protection of decommissioning funds |
| 30 |
52 | Protection of security under approved programme |
| |
(1) | This section applies where, in relation to a site to which section 41 applies, any |
| |
security for the performance of obligations relating to the designated technical |
| |
matters has been provided by a person (“the security provider”) by way of a |
| |
trust or other arrangements, in accordance with an approved funded |
| 35 |
decommissioning programme. |
| |
(2) | In this section a reference to “the protected assets” is a reference to the security, |
| |
and any property or rights in which it consists. |
| |
(3) | The manner in which, and purposes for which the protected assets are to be |
| |
applied and enforceable (whether in the event of the security provider’s |
| 40 |
insolvency or otherwise) is to be determined in accordance with the trust or |
| |
| |
|
| |
|
| |
|
(4) | For the purposes of subsection (3), no regard is to be had to so much of the |
| |
Insolvency Act 1986 (c. 45), the Insolvency (Northern Ireland) Order 1989 (S.I. |
| |
1989/2405 (N.I. 19)) or any other enactment or rule of law as, in its operation |
| |
in relation to the security provider or any conduct of the security provider, |
| |
| 5 |
(a) | prevent or restrict the protected assets being applied in accordance |
| |
with the trust or other arrangement, or |
| |
(b) | prevent or restrict their enforcement for the purposes of being so |
| |
| |
| 10 |
53 | Offence to fail to comply with approved programme |
| |
(1) | It is an offence for a site operator or a body corporate associated with a site |
| |
operator (a “relevant person”) to fail to comply with an obligation imposed on |
| |
the relevant person by an approved funded decommissioning programme in |
| |
| 15 |
(2) | In proceedings against a person for an offence under this section, it is a defence |
| |
for the person to prove that due diligence was exercised to avoid committing |
| |
| |
(3) | A person guilty of an offence under this section is liable— |
| |
(a) | on summary conviction, to a fine not exceeding the statutory |
| 20 |
| |
(b) | on conviction on indictment, to imprisonment for a term not exceeding |
| |
2 years or to a fine, or both. |
| |
54 | Secretary of State’s power of direction |
| |
(1) | This section applies where— |
| 25 |
(a) | a person fails to comply with an obligation imposed on the person by |
| |
an approved funded decommissioning programme, or |
| |
(b) | a person on whom obligations are imposed by such a programme has |
| |
engaged in unlawful conduct which the Secretary of State thinks may |
| |
| 30 |
| |
“the defaulter” means a person to whom subsection (1)(a) or (b) applies, |
| |
| |
“unlawful conduct” means conduct which is unlawful under the criminal |
| |
law of a part of the United Kingdom. |
| 35 |
(3) | A person has engaged in unlawful conduct for the purposes of subsection (1) |
| |
| |
(a) | the person has been found guilty of the unlawful conduct by a court in |
| |
a part of the United Kingdom, |
| |
(b) | the period for an appeal against the conviction has expired, and |
| 40 |
(c) | if an appeal has been made, it has been withdrawn or finally |
| |
| |
|
| |
|
| |
|
(4) | The Secretary of State may direct the defaulter to take steps which the Secretary |
| |
of State considers necessary or appropriate to comply with the obligation or |
| |
remedy the effects of the unlawful conduct. |
| |
(5) | Before giving a direction under subsection (4), the Secretary of State must |
| |
consult each interested body (within the meaning of section 42(6)) in so far as |
| 5 |
the direction relates to a function conferred on the interested body by or under |
| |
| |
(6) | If at any time it appears to the Secretary of State that the defaulter has failed to |
| |
comply with a direction under subsection (4), the Secretary of State may make |
| |
an application to the High Court under this section. |
| 10 |
(7) | If, on an application under this section, the High Court decides that the |
| |
defaulter has failed to comply with the direction, it may order the defaulter to |
| |
take such steps as it directs for securing that the notice is complied with. |
| |
55 | Offence of further disclosure of information |
| |
(1) | A person who discloses information obtained by virtue of a notice under |
| 15 |
section 48(4) or 49(2) or (5), or regulations under section 50(2)(e), is guilty of an |
| |
offence unless the disclosure is permitted by this section. |
| |
(2) | The disclosure is permitted if— |
| |
(a) | it is made with the consent of the person by or on behalf of whom the |
| |
information was provided; |
| 20 |
(b) | it is made under section 59 or for the purposes of any other function of |
| |
the Secretary of State under this Chapter; |
| |
(c) | it is a disclosure of information obtained under section 59 by the Health |
| |
and Safety Executive and it is made by the Executive for the purposes |
| |
of its functions under the Nuclear Installations Act 1965 (c. 57); |
| 25 |
(d) | it is a disclosure of information obtained under that section by the |
| |
Environment Agency or the Department of the Environment for |
| |
Northern Ireland and it is made by the Agency or Department for the |
| |
purposes of its functions under the Radioactive Substances Act 1993 |
| |
| 30 |
(e) | it is required by or under an enactment. |
| |
(3) | A person guilty of an offence under this section is liable— |
| |
(a) | on summary conviction, to a fine not exceeding the statutory |
| |
| |
(b) | on conviction on indictment, to imprisonment for a term not exceeding |
| 35 |
2 years or to a fine, or both. |
| |
56 | Offence of supplying false information |
| |
(1) | It is an offence for a person, knowingly or recklessly, to supply false or |
| |
misleading information to the Secretary of State in response to a requirement |
| |
| 40 |
(2) | A person guilty of an offence under this section is liable— |
| |
(a) | on summary conviction, to a fine not exceeding the statutory |
| |
| |
(b) | on conviction on indictment, to imprisonment for a term not exceeding |
| |
2 years or to a fine, or both. |
| 45 |
|
| |
|