|
| |
|
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 |
| |
| |
(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). |
| |
| |
Decommissioning of energy installations |
| 15 |
| |
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 |
| |
| |
(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 |
| |
(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 |
| |
| |
(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— |
| |
|
| |
|
| |
|
(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, and |
| 5 |
(c) | activities preparatory to the matters mentioned in paragraph (b); |
| |
| 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) or (c) as are specified by the |
| 10 |
Secretary of State by order, and |
| |
(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 |
| |
| 15 |
(b) | estimates of the costs likely to be incurred in connection with the |
| |
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 |
| 20 |
respect of the costs mentioned in subsection (9), at a time determined in |
| |
accordance with such regulations. |
| |
(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 |
| |
| 25 |
| |
(b) | information required in relation to the programme in accordance with |
| |
| |
42 | Approval of a programme |
| |
(1) | The Secretary of State may approve or reject a funded decommissioning |
| 30 |
programme submitted under section 41 in respect of a site. |
| |
(2) | The Secretary of State may approve a programme— |
| |
(a) | with or without modifications, and |
| |
(b) | unconditionally or subject to conditions. |
| |
(3) | A modification under subsection (2) may, in particular, impose obligations, or |
| 35 |
additional obligations, on a body corporate associated with the person who |
| |
| |
(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). |
| 40 |
(5) | Before deciding whether to approve or reject a programme, the Secretary of |
| |
State must consult each interested body about— |
| |
| |
(b) | any modification which it is proposed to make, or any condition it is |
| |
| 45 |
|
| |
|
| |
|
| so far as it relates to a function conferred on the interested body by or under an |
| |
| |
(6) | “Interested body” means— |
| |
(a) | the Health and Safety Executive, |
| |
(b) | in relation to a funded decommissioning programme for a site in |
| 5 |
England and Wales, the Environment Agency, and |
| |
(c) | in relation to a funded decommissioning programme for a site in |
| |
Northern Ireland, the Department of the Environment for Northern |
| |
| |
(7) | Before approving a programme with modifications or subject to conditions, the |
| 10 |
Secretary of State must give the following persons an opportunity to make |
| |
written representations about the proposed modifications or conditions— |
| |
| |
(b) | any other person with obligations under the programme; |
| |
(c) | in the case of proposed modifications, any person who would have |
| 15 |
such obligations were the modifications made. |
| |
(8) | The Secretary of State may not reject a programme without informing the site |
| |
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. |
| 20 |
(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. |
| |
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 |
| 25 |
section 41 by reason of an application made for a nuclear site licence in respect |
| |
| |
(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. |
| 30 |
(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 |
| |
2 years or to a fine, or both. |
| 35 |
Modification of approved programmes |
| |
44 | Modification of approved programme |
| |
(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 |
| 40 |
(b) | propose a modification of the conditions to which the approval of the |
| |
| |
|
| |
|
| |
|
| |
(a) | the Secretary of State, |
| |
(b) | the site operator, and |
| |
(c) | any other person who has obligations under the programme (provided |
| |
that the site operator consents to the proposed modification). |
| 5 |
(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 |
| |
(b) | the removal of obligations imposed on a body corporate which is or |
| |
| 10 |
(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 |
| |
(1) | This section applies in relation to a proposal for the modification of an |
| |
approved funded decommissioning programme, or of the conditions, under |
| 15 |
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 |
| |
(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 |
| 20 |
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. |
| |
(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 |
| 25 |
| |
| |
(b) | information required in relation to the proposal in accordance with |
| |
| |
(5) | Where the Secretary of State makes the proposal, the following persons must |
| 30 |
be given the opportunity to make written representations about the proposal— |
| |
| |
(b) | any other person with obligations under the programme; |
| |
(c) | any person who would have such obligations if the proposed |
| |
| 35 |
(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 |
| |
has obligations under the approved funded decommissioning |
| |
| 40 |
(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 |
| |
the aim of securing that prudent provision is made for the technical matters |
| |
(including the financing of the designated technical matters). |
| 45 |
|
| |
|
| |
|
(8) | Before deciding whether the proposed modification is to be made, the |
| |
Secretary of State must consult each interested body (within the meaning of |
| |
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 |
| 5 |
(1) | The Secretary of State may make regulations disapplying section 45 in relation |
| |
| |
(a) | are proposed by a person within section 44(2) (other than the Secretary |
| |
| |
(b) | are of a description specified by the regulations. |
| 10 |
(2) | Before making regulations under subsection (1), the Secretary of State must |
| |
| |
(a) | the Health and Safety Executive, |
| |
(b) | the Environment Agency, and |
| |
(c) | the Department of the Environment for Northern Ireland, |
| 15 |
| in so far as the regulations relate to a function conferred on the body by or |
| |
| |
(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 |
| 20 |
description or not, the cumulative financial effect of all modifications, |
| |
or all modifications of a specified class, within a specified period is to |
| |
| |
(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 |
| 25 |
may be specified in the regulations. |
| |
47 | Time when modification takes effect |
| |
(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. |
| 30 |
(2) | The modification does not take effect until the relevant time, and from that |
| |
time this Chapter has effect— |
| |
(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 |
| |
| 35 |
(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 |
| |
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 |
| 40 |
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 |
| |
(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). |
| 45 |
|
| |
|
| |
|
(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. |
| |
| |
48 | Provision of information and documents |
| |
(1) | This section applies where either Condition A or Condition B is satisfied. |
| 5 |
(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 |
| |
has not yet decided whether to approve or reject it. |
| |
| |
(a) | a modification of a programme, or of the conditions subject to which a |
| 10 |
programme is approved, has been proposed in accordance with section |
| |
| |
(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 |
| 15 |
| |
(4) | The Secretary of State may by notice in writing require a person within |
| |
| |
(a) | to produce documents, or documents of a description, specified in the |
| |
| 20 |
(b) | to provide information, or information of a description, specified in the |
| |
| |
| |
| |
(b) | any other person with obligations under the programme; |
| 25 |
(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 |
| |
considering making a modification under section 42 which, if made, |
| |
would result in the body corporate having obligations under the |
| |
| 30 |
(d) | in a case where Condition B is satisfied, any person who would have |
| |
such obligations if the proposed modification were made. |
| |
(6) | A notice under subsection (4)— |
| |
(a) | must specify the period within which the documents or information are |
| |
to be provided or produced; |
| 35 |
(b) | may, in the case of information, require it to be provided in a manner |
| |
or form specified in the notice. |
| |
(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). |
| 40 |
(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 |
| |
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 |
| 5 |
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 |
| |
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 |
| 10 |
the operation of the programme from— |
| |
| |
(b) | any other person who has obligations under the programme. |
| |
(3) | A notice under subsection (2) may be given only for the purpose of enabling |
| |
the Secretary of State to determine— |
| 15 |
(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; |
| |
(c) | whether the programme makes prudent provision for the technical |
| |
matters (including the financing of the designated technical matters). |
| 20 |
(4) | Subsection (5) applies if the Secretary of State has reason to believe (whether as |
| |
a result of information obtained under this section or otherwise)— |
| |
(a) | that the programme is not being complied with, |
| |
(b) | that it will not be possible for an obligation under the programme |
| |
arising at a future date to be complied with, or |
| 25 |
(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— |
| |
| |
(b) | any other person who has obligations under the programme, or |
| 30 |
(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 |
| |
respect of the programme. |
| |
(6) | Where a notice under subsection (2) or (5) has been given, the Secretary of State |
| 35 |
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 |
| |
| |
(7) | A fee under subsection (6) must be paid at a time determined in accordance |
| 40 |
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. |
| |
|
| |
|