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Energy Act 2004 (c. 20)

(The document as of February, 2008)

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Energy Act 2004

2004 CHAPTER 20

CONTENTS

Content
  1. Part 1

    The Civil Nuclear Industry

    1. Chapter 1

      Nuclear decommissioning

      1. Establishment of NDA

        1. 1. The Nuclear Decommissioning Authority

        2. 2. Constitution of NDA

      2. Principal function of NDA

        1. 3. Designated responsibilities

        2. 4. Additional responsibilities under designating directions

        3. 5. Supplemental provisions of designating directions

        4. 6. Designations relating to Scotland

      3. Other functions of NDA

        1. 7. Supplemental functions

        2. 8. Special functions in relation to pensions etc.

      4. General duties and powers of NDA

        1. 9. General duties when carrying out functions

        2. 10. Powers for carrying out functions

      5. Strategies, plans and reports

        1. 11. Strategy for carrying out functions

        2. 12. Contents of strategy

        3. 13. Annual plans

        4. 14. Annual reports

      6. Implementation of strategies and plans

        1. 15. Duty to decommission and clean up installations and sites

        2. 16. Duties to operate installations and to provide treatment etc.

        3. 17. Duty to use installations etc. for purposes of NDA

        4. 18. Directions by NDA to the person with control

        5. 19. Designation as a related site for the purposes of s. 18

        6. 20. Duty to comply with directions under s. 18

      7. Financial provisions

        1. 21. Financial responsibilities of NDA

        2. 22. Expenditure and receipts of NDA

        3. 23. Borrowing by the NDA

        4. 24. Limit on NDA borrowing

        5. 25. Government guarantees for NDA borrowing

        6. 26. Accounts of NDA

        7. 27. Tax exemption for NDA activities

        8. 28. Taxation of NDA activities chargeable under Case VI of Schedule D

        9. 29. Disregard for tax purposes of cancellation etc. of provisions

        10. 30. Disregard for tax purposes of provisions recognised by NDA

      8. Nuclear Decommissioning Funding Account

        1. 31. Establis

    2. Chapter 2

      Transfers relating to nuclear undertakings

      1. Transfer by scheme of property etc.

        1. 38. Nuclear transfer schemes

        2. 39. Transfers of publicly owned assets

        3. 40. Transfers with the consent of the transferor

        4. 41. Recovery of property from private ownership

        5. 42. Transfer of Nuclear Liabilities Investment Portfolio

      2. Extinguishment of undertakings and tax losses

        1. 43. Undertakings given by the Secretary of State

        2. 44. Extinguishment of BNFL losses for tax purposes

      3. Provisions relating to transfers

        1. 45. Further provision applying to transferee companies

        2. 46. Pensions

        3. 47. Taxation

        4. 48. Supplementary powers of the Secretary of State, the NDA and the UKAEA

      4. Supplementary provisions of Chapter 2 of Part 1

        1. 49. Duty to assist the Secretary of State

        2. 50. Interpretation of Chapter 2 of Part 1

    3. Chapter 3

      Civil Nuclear Constabulary

      1. Civil Nuclear Police Authority

        1. 51. The Civil Nuclear Police Authority

      2. Civil Nuclear Constabulary

        1. 52. The Civil Nuclear Constabulary

        2. 53. Chief constable and other senior officers

        3. 54. Functions of senior officers

        4. 55. Members of the Constabulary

      3. Jurisdiction and powers of Constabulary

        1. 56. Jurisdiction of Constabulary

        2. 57. Stop and search under Terrorism Act 2000

      4. Administration of Constabulary

        1. 58. Government, administration and conditions of service

        2. 59. Members of Constabulary serving with other forces

        3. 60. Charges

      5. Supervision and inspection etc.

        1. 61. Planning and reports

        2. 62. Inspection

        3. 63. Supervision by Secretary of State

      6. Rights etc. of members of the Constabulary

        1. 64. Civil Nuclear Police Federation

        2. 65. Rank-related associations

        3. 66. Representation at certain disciplinary proceedings

        4. 67. Trade union membership

      7. Supplementary provisions of Chapter 3 of Part 1

        1. 68. Application of offences etc. applying to constables

        2. 69. Minor amendments relating to the Constabulary

        3. 70. Nuclear transfer scheme for UKAEA Constabulary

        4. 71. Interpretation of Chapter 3 of Part 1

    4. Chapter 4

      Authorisations relating to radioactive waste

      1. 72. Transfer of authorisations

      2. 73. Applications for variation of authorisations

      3. 74. Periodic reviews of authorisations

      4. 75. Consequential amendments of the 1993 Act

    5. Chapter 5

      Miscellaneous provisions relating to nuclear industry

      1. 76. Amendments for giving effect to international obligations

      2. 77. Regulation of equipment, software and information

      3. 78. Application of the 1965 Act to Northern Ireland

      4. 79. Expenditure on nuclear related matters

      5. 80. Additional functions of UKAEA

  2. Part 2

    Sustainability and Renewable Energy Sources

    1. Chapter 1

      Sustainable energy

      1. 81. Reports under section 1 of Sustainable Energy Act 2003

      2. 82. Microgeneration

      3. 83. Sustainable development

    2. Chapter 2

      Offshore production of energy

      1. Renewable Energy Zones

        1. 84. Exploitation of areas outside the territorial sea for energy production

        2. 85. Application of criminal law to renewable energy installations etc.

        3. 86. Prosecutions

        4. 87. Application of civil law to renewable energy installations etc.

        5. 88. Orders in Council under ss. 85 and 87

      2. Application of 1989 Act offshore

        1. 89. Activities offshore requiring 1989 Act licences

        2. 90. Modification of licence conditions for offshore transmission and distribution

        3. 91. Extension of transmission licences offshore

        4. 92. Competitive tenders for offshore transmission licences

        5. 93. Consents for generating stations offshore

        6. 94. Application of regulations under 1989 Act offshore

      3. Safety zones for installations

        1. 95. Safety zones around renewable energy installations

        2. 96. Prohibited activities in safety zones

        3. 97. Offences relating to safety zones

        4. 98. Supplementary provisions relating to offences under s. 97

      4. Navigation and civil aviation

        1. 99. Navigation

        2. 100. Further provision relating to public rights of navigation

        3. 101. Application of civil aviation regulations to renewable energy installations

      5. Supplementary provisions of Chapter 2 of Part 2

        1. 102. Amendments of 1989 Act consequential on Chapter 2 of Part 2

        2. 103. Other amendments consequential on Chapter 2 of Part 2

        3. 104. Interpretation of Chapter 2 of Part 2

    3. Chapter 3

      Decommissioning of offshore installations

      1. Decommissioning programmes

        1. 105. Requirement to prepare decommissioning programmes

        2. 106. Approval of decommissioning programmes

        3. 107. Failure to submit or rejection of decommissioning programmes

        4. 108. Reviews and revisions of decommissioning programmes

      2. Implementation of decommissioning programmes

        1. 109. Carrying out of decommissioning programmes

        2. 110. Default in carrying out decommissioning programmes

      3. Decommissioning regulations

        1. 111. Regulations about decommissioning

      4. Supplementary provisions of Chapter 3 of Part 2

        1. 112. Duty to inform Secretary of State

        2. 113. Offences relating to decommissioning programmes

        3. 114. Interpretation of Chapter 3 of Part 2

    4. Chapter 4

      Renewables obligations relating to electricity

      1. 115. Discharge of renewables obligation in Great Britain by payment

      2. 116. Issue of green certificates in Great Britain

      3. 117. Use of green certificates issued in Northern Ireland

      4. 118. Distributions to Northern Ireland suppliers

      5. 119. Supplementary provision relating to renewables obligation in Great Britain

      6. 120. Issue of green certificates in Northern Ireland

      7. 121. GEMA's power to act on behalf of Northern Ireland regulator

      8. 122. Consultation in relation to Northern Ireland renewables orders

      9. 123. Modification of conditions of Northern Ireland electricity licences

    5. Chapter 5

      Renewable transport fuel obligations

      1. 124. Imposition of renewable transport fuel obligations

      2. 125. The Administrator

      3. 126. Determinations of amounts of transport fuel

      4. 127. Renewable transport fuel certificates

      5. 128. Discharge of obligation by payment

      6. 129. Imposition of civil penalties

      7. 130. Objections to civil penalties

      8. 131. Appeals against civil penalties

      9. 132. Interpretation of Chapter 5 of Part 2

  3. Part 3

    Energy Regulation

    1. Chapter 1

      Electricity trading and transmission

      1. 133. "New trading and transmission arrangements"

      2. 134. Power to modify licence conditions

      3. 135. Alteration of transmission activities requiring licence

      4. 136. Transmission licences

      5. 137. New standard conditions for transmission licences

      6. 138. Conversion of existing transmission licences

      7. 139. Grant of transmission licences

      8. 140. Duties to provide information etc. to Secretary of State

      9. 141. Property arrangements schemes

      10. 142. Interpretation of Chapter 1 of Part 3

      11. 143. Amendments consequential on Chapter 1 of Part 3

      12. 144. Transition

    2. Chapter 2

      Interconnectors for electricity and gas

      1. Electricity interconnectors

        1. 145. Operators of electricity interconnectors to be licensed

        2. 146. Standard conditions for electricity interconnectors

        3. 147. Consequential amendments of the 1989 Act

        4. 148. Grant of electricity interconnector licences to existing operators

      2. Gas interconnectors

        1. 149. Operators of gas interconnectors to be licensed

        2. 150. Standard conditions for gas interconnectors

        3. 151. Disapplication of existing regimes

        4. 152. Grant of gas interconnector licences to existing operators

        5. 153. Extraterritorial application of Gas Act 1986

    3. Chapter 3

      Special administration regime for energy licensees

      1. Energy administration orders

        1. 154. Energy administration orders

        2. 155. Objective of an energy administration

        3. 156. Applications for energy administration orders

        4. 157. Powers of court

        5. 158. Energy administrators

        6. 159. Conduct of administration, transfer schemes etc.

      2. Restrictions on other insolvency procedures

        1. 160. Restrictions on winding-up orders

        2. 161. Restrictions on voluntary winding up

        3. 162. Restrictions on making of ordinary administration orders

        4. 163. Restrictions on administrator appointments by creditors etc.

        5. 164. Restrictions on enforcement of security

      3. Financial support for companies in administration

        1. 165. Grants and loans

        2. 166. Indemnities

        3. 167. Guarantees where energy administration order is made

      4. Licence modifications relating to energy administration

        1. 168. Modifications of particular or standard conditions

        2. 169. Licence conditions to secure funding of energy administration

      5. Supplemental provision of Chapter 3 of Part 3

        1. 170. Modification of Chapter 3 of Part 3 under Enterprise Act 2002

        2. 171. Interpretation of Chapter 3 of Part 3

    4. Chapter 4

      Further provisions about regulation

      1. Security of supply

        1. 172. Annual report on security of energy supplies

      2. Appeals from GEMA decisions

        1. 173. Appeals to the Competition Commission

        2. 174. Procedure on appeals

        3. 175. Determination of appeals

        4. 176. Specialist members of Competition Commission

      3. Funding of appeals and references

        1. 177. Modifications of standard conditions for funding appeals and references

      4. Best practice

        1. 178. Duty to have regard to best regulatory practice

      5. Meaning of electricity supply and high voltage lines

        1. 179. Meaning of electricity supply

        2. 180. Meaning of "high voltage line"

      6. Metering

        1. 181. Prepayment meters

      7. Inquiries under ss. 36 and 37 of the 1989 Act

        1. 182. Additional inspectors

      8. Confidential information

        1. 183. Exclusion of confidential information from registers

      9. Areas with high distribution or transmission costs

        1. 184. Assistance for areas with high distribution costs

        2. 185. Adjustment of transmission charges

        3. 186. Restrictions on disclosure of information

      10. Payments into Scottish Consolidated Fund

        1. 187. Payments of sums raised by fossil fuel levy

  4. Part 4

    Miscellaneous and Supplemental

    1. Imposition of charges

      1. 188. Power to impose charges to fund energy functions

    2. International agreements relating to pipelines and offshore installations

      1. 189. Power to modify Petroleum Act 1998

    3. Supplementary provision relating to functions of Secretary of State and GEMA

      1. 190. Application of general duties to Part 3 functions etc.

      2. 191. Supplementary provision about licence condition powers

    4. Supplemental

      1. 192. Powers exercisable by statutory instrument

      2. 193. Service of notifications and other documents

      3. 194. Notifications and documents in electronic form

      4. 195. Timing and location of things done electronically

      5. 196. General interpretation

      6. 197. Repeals etc.

      7. 198. Short title, commencement and extent

    1. Schedule 1

      The Nuclear Decommissioning Authority

      1. Part 1

        Members and staff of NDA

      2. Part 2

        Proceedings of NDA

      3. Part 3

        Supplemental

    2. Schedule 2

      Procedural requirements applicable to NDA's strategy

    3. Schedule 3

      Procedural requirements applicable to NDA's annual plans

    4. Schedule 4

      Supplemental taxation provisions for exempt activities

    5. Schedule 5

      Supplementary provisions about nuclear transfer schemes

    6. Schedule 6

      Structure etc. of transferee companies

    7. Schedule 7

      Finances and accounts of transferee companies

    8. Schedule 8

      Pensions

      1. Part 1

        Preliminary

      2. Part 2

        Extensions of certain pension schemes

      3. Part 3

        Public sector transfers of UKAEA pension scheme members

      4. Part 4

        Other transfers

      5. Part 5

        UKAEA pensions for employees of designated BNFL companies

    9. Schedule 9

      Taxation provisions relating to nuclear transfer schemes

      1. Part 1

        Transfers to the NDA or a subsidiary of the NDA

      2. Part 2

        Transfers relating to BNFL or the UKAEA etc.

      3. Part 3

        Transfers relating to relevant site licensees

      4. Part 4

        Transfer of Nuclear Liabilities Investment Portfolio

      5. Part 5

        Stamp duty etc.

      6. Part 6

        Supplemental provisions of Schedule

    10. Schedule 10

      The Civil Nuclear Police Authority

      1. Part 1

        Membership

      2. Part 2

        Proceedings

      3. Part 3

        Employees

      4. Part 4

        Finances

      5. Part 5

        Miscellaneous

    11. Schedule 11

      Removal and suspension of senior officers of Constabulary

    12. Schedule 12

      Planning and reports about Constabulary

      1. Part 1

        Planning

      2. Part 2

        Reports

    13. Schedule 13

      Directions by Secretary of State about Constabulary

    14. Schedule 14

      Minor amendments relating to Constabulary

    15. Schedule 15

      Amendments of 1993 Act

    16. Schedule 16

      Applications and proposals for notices under section 95

    17. Schedule 17

      Conversion of existing transmission licences: licensing scheme

    18. Schedule 18

      Property arrangements schemes

    19. Schedule 19

      Consequential amendments relating to Chapter 1 of Part 3

    20. Schedule 20

      Conduct of energy administration

      1. Part 1

        Application of Schedule B1 to the 1986 Act

      2. Part 2

        Modifications of Schedule B1

      3. Part 3

        Further Schedule B1 modifications for unregistered companies

      4. Part 4

        Other modifications

    21. Schedule 21

      Energy transfer schemes

    22. Schedule 22

      Procedure for appeals under section 173

    23. Schedule 23

      Repeals

      1. Part 1

        Repealed provisions

      2. Part 2

        Savings etc.

An Act to make provision for the decommissioning and cleaning up of installations and sites used for, or contaminated by, nuclear activities; to make provision relating to the civil nuclear industry; to make provision about radioactive waste; to make provision for the development, regulation and encouragement of the use of renewable energy sources; to make further provision in connection with the regulation of the gas and electricity industries; to make provision for the imposition of charges in connection with the carrying out of the Secretary of State's functions relating to energy matters; to make provision for giving effect to international agreements relating to pipelines and offshore installations; and for connected purposes.

[22nd July 2004]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--



Part 1 The Civil Nuclear Industry

Chapter 1 Nuclear decommissioning

<<<< >>>>

Establishment of NDA

1 The Nuclear Decommissioning Authority

(1) There shall be a body corporate to be known as the Nuclear Decommissioning Authority ("the NDA").

(2) The NDA is not to be treated--

(a) except so far as necessary for the purposes of its function under section 7(2), as performing any duty or exercising any power on behalf of the Crown; or

(b) as enjoying any status, immunity or privilege of the Crown;

and the NDA's property is not to be regarded as property of the Crown, or as held on behalf of the Crown.

2 Constitution of NDA

(1) The NDA--

(a) shall consist of not fewer than seven and not more than thirteen members; and

(b) shall have a membership comprising both non-executive members and executive members.

(2) The non-executive members shall be--

(a) a chairman appointed by the Secretary of State; and

(b) a number of other persons appointed by the Secretary of State (after consultation with the chairman);

and (subject to subsection (1)) it is for the Secretary of State to determine how many non-executive members there are to be in addition to the chairman.

(3) The executive members shall be--

(a) a person appointed by the non-executive members to be the NDA's chief executive; and

(b) the other persons (if any) appointed by them (after consultation with the chief executive) to be executive members in addition to the chief executive;

and it is for the non-executive members to determine (subject to subsection (8)) whether there are to be executive members in addition to the chief executive, and (if so) how many.

(4) The approval of the Secretary of State is required for the appointment of the chief executive.

(5) Before--

(a) appointing a person to be the chairman or otherwise to be a non-executive member of the NDA, or

(b) approving the appointment of a person to be the chief executive,

the Secretary of State must consult the Scottish Ministers.

(6) Subsection (5) may be satisfied by consultation that took place wholly or partly before the commencement of this section.

(7) If there are executive members in addition to the chief executive, each must be a member of the staff of the NDA.

(8) Where the Secretary of State so provides by a direction to the NDA, the non-executive members must secure that the number of executive members in addition to the chief executive--

(a) is not less than the minimum set by the direction; and

(b) does not exceed the maximum so set;

and the direction must not set a maximum of more than three.

(9) The Secretary of State must exercise his powers under this section to secure, so far as practicable, that the number of executive members is at all times less than the number of non-executive members.

(10) Schedule 1 (which contains further provision about the constitution, staffing and proceedings of the NDA) has effect; and subsections (1) to (9) have effect subject to paragraph 4 of that Schedule.



Principal function of NDA

3 Designated responsibilities

(1) The principal function of the NDA shall be to have responsibility for securing--

(a) the operation, pending the commencement of their decommissioning, of designated nuclear installations;

(b) the decommissioning of those and other designated nuclear installations;

(c) the cleaning-up of designated nuclear sites;

(d) the operation of designated facilities for treating, storing, transporting or disposing of hazardous material;

(e) the treatment, storage, transportation and disposal, in designated circumstances, of hazardous material; and

(f) the decommissioning of designated installations comprised in NDA facilities.

(2) The responsibilities of the NDA under this section are responsibilities to be discharged by the performance of its duties under sections 15 and 16.

(3) A designation for the purposes of this section--

(a) of an installation, site or facility, and

(b) of the circumstances in which the NDA is to have responsibility for securing the treatment, storage, transportation or disposal of matter or waste,

has (subject to section 6) to be in the form of a direction given by the Secretary of State to the NDA.

(4) A direction must not give the NDA a responsibility mentioned in this section in relation to an installation, site or facility unless the person with control of it at the time when the direction is given is--

(a) a Crown appointee;

(b) the UKAEA;

(c) a publicly owned company;

(d) the NDA itself; or

(e) a person who has consented to the giving of the direction.

(5) A direction designating an installation, site or facility must specify the paragraph or paragraphs of subsection (1) for the purposes of which it is being designated.

(6) But, except in so far as the direction containing the designation otherwise provides, the designation of a principal nuclear site for cleaning-up is to have effect for the purposes of this Chapter as including a designation, as an installation to be decommissioned, of every installation situated in or on that site.

(7) The Secretary of State must--

(a) lay before Parliament a copy of every direction containing a designation;

(b) publish the contents of every such direction in the manner which, in his opinion, is most appropriate for bringing it to the attention of persons likely to be affected by it; and

(c) send a copy of every direction giving the NDA a responsibility in relation to an installation, site or facility to the person with control of that installation, site or facility.

(8) The Scottish Ministers must lay before the Scottish Parliament a copy of every direction which by virtue of section 6 is given jointly by them and the Secretary of State.

(9) The Secretary of State may exclude--

(a) from what he lays before Parliament and publishes under this section, and

(b) from what is to be laid before the Scottish Parliament by the Scottish Ministers,

anything the publication of which he considers to be against the interests of national security.

4 Additional responsibilities under designating directions

(1) Where the NDA is given a responsibility for securing the operation of an installation or facility, a direction may also give the NDA further responsibilities in relation to the management of the site where that installation or facility is situated.

(2) Where the NDA is given a responsibility in relation to a principal nuclear site, a direction may give the NDA further responsibilities in relation to the operation or management of any one or more of the following--

(a) research facilities situated in or on that site;

(b) facilities other than research facilities which are situated in or on that site and are neither nuclear installations nor NDA facilities;

(c) other land (whether or not adjacent to that site) which is owned or occupied, together with it, by the person with control of the principal nuclear site; and

(d) facilities of any description situated in or on such other land.

(3) The NDA is not to be given further responsibilities under subsection (1) or (2) except where the Secretary of State considers it appropriate to do so--

(a) for the purpose of facilitating the carrying out by the NDA of any of its functions; or

(b) for a purpose otherwise incidental to the carrying out of those functions.

(4) Where a direction gives the NDA a responsibility for securing the treatment, storage, transportation or disposal of matter or waste, it may also give the NDA responsibility for securing the design, construction and operation of a facility for that purpose.

(5) Subsection (4) of section 3 applies to giving the NDA a responsibility mentioned in this section as it applies to giving it a responsibility mentioned in that section.

(6) In this section "direction" means a direction under section 3.

5 Supplemental provisions of designating directions

(1) A direction comes into force at the time which is specified in the direction or determined in accordance with provision contained in it.

(2) A direction giving the NDA responsibilities in relation to an installation, site or facility which--

(a) is a nuclear installation, a principal nuclear site or a facility situated in or on a principal nuclear site, but

(b) is not one in relation to which the NDA is to have a financial responsibility under section 21,

may require the person with control of the installation, site or facility to make payments to the Secretary of State.

(3) A direction may also impose requirements with respect to the charges which (subject to section 21) are to be imposed by the NDA in connection with the discharge of responsibilities given to the NDA by the direction.

(4) Subject to subsections (5) and (6), a direction may be modified or revoked by a subsequent direction.

(5) A direction must not modify or revoke a direction relating to the responsibility of the NDA in relation to an installation, site or facility unless the person with control of the installation, site or facility is, at the time when the modification or revocation comes into force--

(a) a Crown appointee;

(b) the UKAEA;

(c) a publicly owned company;

(d) the NDA itself; or

(e) a person who has consented to the modification or revocation.

(6) A direction in so far as it gives the NDA responsibility--

(a) for the decommissioning of an installation, or

(b) for the cleaning-up of a principal nuclear site,

may be revoked only if the condition set out in subsection (7) is satisfied.

(7) The condition is--

(a) in the case of a direction given by the Secretary of State, that he is satisfied that the NDA has discharged all its responsibilities in relation to the decommissioning or cleaning-up of the installation or site; and

(b) in the case of a direction given jointly by the Secretary of State and the Scottish Ministers, that he and those Ministers are so satisfied.

(8) The Secretary of State must pay sums received by him by virtue of subsection (2) into the Consolidated Fund.

(9) In this section "direction" means a direction under section 3.

6 Designations relating to Scotland

(1) A direction under section 3 which--

(a) gives the NDA responsibilities falling within subsection (2), or

(b) removes or varies any such responsibilities,

may be given only by the Secretary of State and the Scottish Ministers, acting jointly.

(2) The following responsibilities fall within this subsection--

(a) responsibility for the cleaning-up of a site in Scotland which is a principal nuclear site without being a licensable site;

(b) responsibility for the cleaning-up of a contaminated site in Scotland;

(c) responsibility for the operation of facilities for treating or storing hazardous material in or on a site in Scotland which is a principal nuclear site without being a licensable site;

(d) responsibility for the operation in or on a nuclear site in Scotland of a facility for the disposal of hazardous material;

(e) responsibility, in specified circumstances, for the disposal at a site in Scotland of hazardous material;

(f) responsibility for the treatment or storage of hazardous material that may, in the discharge of that responsibility, be treated or stored in or on a site in Scotland which is not a licensable site;

(g) responsibility for the decommissioning of an installation comprised in NDA facilities that are situated in or on a site in Scotland which is a principal nuclear site without being a licensable site.

(3) Before giving a direction under section 3 which--

(a) gives the NDA responsibilities for the operation in or on a licensable site in Scotland of a facility for the non-processing treatment of hazardous material;

(b) gives it responsibilities not falling within subsection (2)(f) for the non-processing treatment or the storage of hazardous material the treatment or storage of which, in the discharge of those responsibilities, may take place in or on a site in Scotland;

(c) gives it responsibilities for the operation in or on a licensable site in Scotland of a facility for the storage of hazardous material; or

(d) removes or varies any responsibilities mentioned in paragraph (a) or (c),

the Secretary of State must consult the Scottish Ministers.

(4) In this section--

  • "licensable site" means a site that falls within paragraph (a), (b) or (d) of the definition of a "principal nuclear site" in section 36(2);

  • "non-processing treatment" means treatment that does not consist in the processing or reprocessing of spent or irradiated nuclear fuel.



Other functions of NDA

7 Supplemental functions

(1) In addition to its function under section 3, the NDA shall have the function, to the extent that it considers it appropriate to do so, of--

(a) carrying out research into matters relating to the decommissioning of nuclear installations, the cleaning-up of nuclear sites and the other activities in relation to which it has functions;

(b) promoting the carrying out of research by others into those matters;

(c) distributing information about those matters;

(d) educating and training persons about those matters;

(e) giving 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.

(2) The NDA shall also have the function, to the extent that it is required to do so by the Secretary of State, of acting on his behalf in relation to agreements to which he is a party and which relate to expenditure incurred, or to be incurred, by him or by others--

(a) on the decommissioning of nuclear installations;

(b) on the cleaning-up of nuclear sites; or

(c) on the treatment, storage, transportation or disposal of hazardous material.

(3) A requirement of the Secretary of State under subsection (2) may require the NDA to meet, in whole or part, the cost of discharging liabilities of his under the agreements in relation to which the NDA acts on his behalf.

(4) The NDA's functions further include--

(a) to the extent that it is required to do so by the Secretary of State, giving advice to the Secretary of State or to others (whether generally or in relation to a particular installation, site or facility, or particular hazardous material) about any of the things in which the NDA requires an expertise for the purpose of carrying out its functions;

(b) to the extent that it is required to do so by the Scottish Ministers, giving advice to them (whether generally or in relation to a particular installation, site or facility, or particular hazardous material) about any of those things (so far as they concern Scotland); and

(c) giving to the Secretary of State and the Scottish Ministers such further general advice about the things in which the NDA requires an expertise for the purpose of carrying out its functions as it considers appropriate.

(5) The references in subsection (4) to the things in which the NDA requires an expertise for the purpose of carrying out its functions include, in particular--

(a) the operation and decommissioning of nuclear installations;

(b) the cleaning-up of nuclear sites; and

(c) the treatment, storage, transportation and disposal of hazardous material.

(6) It shall be the duty of the NDA to secure that the discharge of its responsibilities under section 3(1) is not adversely affected--

(a) by the doing of anything mentioned in subsection (1); or

(b) by the carrying out of its functions by virtue of subsection (4)(c).

(7) Where--

(a) the NDA provides advice to the Scottish Ministers in pursuance of a requirement imposed by them under this section, and

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