Office of Public Sector Information
PART 1 continued CHAPTER 2 continued
(1) In relation to accounting periods beginning on or after the trigger date, all the relevant losses of every BNFL company arising before that date shall be treated for the purposes of corporation tax as extinguished.
(2) The following are relevant losses of a BNFL company for the purposes of this section—
(a) losses incurred by the company in a trade;
(b) losses incurred by the company in a transaction a profit or gain from which would have been chargeable to tax under Case VI of Schedule D;
(c) excesses to be carried forward in the company’s case under section 75(3) of the Income and Corporation Taxes Act 1988 (c. 1);
(d) Schedule A losses (within the meaning of section 392A of that Act) incurred by the company;
(e) losses to be carried forward in the company’s case under section 392B(1) of that Act;
(f) any tax loss of the company falling within section 400(2)(d) of that Act;
(g) allowable losses (within the meaning of section 8 of the Taxation of Chargeable Gains Act 1992 (c. 12)) that have accrued to the company;
(h) deficits of the kind mentioned in subsection (1) of section 83 of the Finance Act 1996 (c. 8) to the extent that they are to be carried forward in the company’s case under subsection (3A) of that section;
(i) excesses of the kind mentioned in section 260 of the Capital Allowances Act 2001 (c. 2) in relation to the company;
(j) losses of the kind mentioned in paragraph 35(1) of Schedule 29 to the Finance Act 2002 (c. 23) incurred by the company;
(k) unrelieved surplus advance corporation tax of the company (within the meaning of section 32 of the Finance Act 1998 (c. 36)).
(3) This section applies to the relevant losses of a BNFL company only if it is publicly owned on the day before the trigger date.
(4) In this section—
“BNFL company” means—
BNFL;
a company that is a 75 per cent subsidiary of BNFL at a time during the qualifying period; or
a company (other than BNFL) that is a 75 per cent subsidiary of a BNFL parent company at a time during the qualifying period;
“BNFL parent company” means a company of which BNFL is a 75 per cent subsidiary;
“qualifying period” means the period beginning with 16th March 2004 and ending with the trigger date;
“trigger date” means whichever is the earlier of the following—
the date of the first occasion on which section 21 operates so as to confer financial responsibilities on the NDA in relation to an installation, site or facility the person with control of which is a BNFL company that is publicly owned; and
the date of the first occasion on which a transfer takes effect which is a transfer to the NDA or a subsidiary of the NDA in accordance with a nuclear transfer scheme authorised by section 39 of property, rights or liabilities of a BNFL company.
(5) This section is to be construed as one with the Corporation Tax Acts.
(1) Schedule 7 (which makes provision about the finances and accounts of publicly controlled companies to which property, rights and liabilities are transferred) has effect.
(2) In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (other disqualifying offices), insert (at the appropriate place)—
“Director of a publicly controlled company (within the meaning of Chapter 2 of Part 1 of the Energy Act 2004) to which transfers have been made in accordance with provisions of nuclear transfer schemes authorised by that Chapter.”;
and the corresponding amendment shall also be made in Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25).
Schedule 8 (which makes provision about pensions in connection with transfers affecting nuclear undertakings) has effect.
Schedule 9 (which makes taxation provision in relation to nuclear transfer schemes) has effect.
(1) The Secretary of State shall have power to enter into agreements for the purpose of accepting or imposing such contractual obligations as he thinks fit with respect to—
(a) nuclear transfer schemes and proposals for such schemes;
(b) anything connected with such a scheme or proposal; or
(c) the exercise of powers conferred on the Secretary of State or any other person by or under this Chapter.
(2) The NDA and the UKAEA shall each have power to enter into agreements for the purpose of accepting or imposing such contractual obligations as it or they think fit with respect to—
(a) nuclear transfer schemes and proposals for such schemes;
(b) anything connected with such a scheme or proposal; or
(c) the exercise of powers conferred on it or them, or any other person, by or under this Chapter.
(3) The NDA and the UKAEA shall also each have power to do anything else which, in its or their opinion, is appropriate for facilitating—
(a) a transfer which is or is proposed to be effected in accordance with a nuclear transfer scheme; or
(b) any other transfer of property, rights or liabilities of the NDA or (as the case may be) the UKAEA which is or is proposed to be effected for purposes connected with the carrying out by any person of any functions conferred on that person by or under this Part.
(4) Agreements entered into in exercise of the powers conferred by subsection (1) or (2) may, in particular, include provision for the making of payments (whether by way of consideration or otherwise)—
(a) to the Secretary of State, or
(b) to the NDA or the UKAEA,
in respect of anything transferred or created in accordance with a nuclear transfer scheme.
(5) The consent of the Treasury is required for the Secretary of State or the UKAEA to enter into an agreement in exercise of those powers.
(6) The consent of the Secretary of State is also required for the UKAEA to enter into an agreement in exercise of those powers.
(7) Before making any disposal of securities of a company in a case in which—
(a) the disposal is made in accordance with arrangements entered into by the UKAEA for purposes connected with the carrying out of its functions by the NDA,
(b) those arrangements are not arrangements to which the Secretary of State has consented under subsection (6), and
(c) in the opinion of the UKAEA, the disposal is one which they would not have power to make but for section 1(2) of the Atomic Energy (Miscellaneous Provisions) Act 1981 (c. 48) (disposal otherwise inconsistent with UKAEA functions),
the UKAEA must consult the Secretary of State.
(8) Subsection (4) of section 1 of the Atomic Energy (Miscellaneous Provisions) Act 1981 (which limits the cases in which the UKAEA may make share disposals that are inconsistent with its functions) shall not apply—
(a) to anything done by the UKAEA in exercise of powers conferred on them by or under this Chapter; or
(b) to any disposal of securities in accordance with arrangements entered into by the UKAEA for purposes connected with the carrying out of its functions by the NDA.
(9) Sums received by the Secretary of State in pursuance of an agreement under this section must be paid into the Consolidated Fund.
(10) The powers conferred on the Secretary of State, the NDA and the UKAEA by this section—
(a) are in addition to their powers apart from this section; and
(b) are to be disregarded in determining the extent of those powers.
(1) This section applies where the Secretary of State proposes to make a nuclear transfer scheme.
(2) The transferor shall have the duty, within such period as the Secretary of State may allow—
(a) to provide the Secretary of State, and
(b) to secure, so far as practicable, that its subsidiaries provide the Secretary of State,
with all such information and other assistance as the Secretary of State may require for the purposes of, or in connection with, the making of the scheme.
(3) The duties of the transferor under this section are duties owed to the Secretary of State.
(4) Those duties are to be enforceable by the Secretary of State in civil proceedings—
(a) for an injunction;
(b) for specific performance of a statutory duty under section 45 of the Court of Session Act 1988 (c. 36); or
(c) for any other appropriate remedy or relief.
(5) In this section “the transferor”, in relation to a nuclear transfer scheme, means a person from whom it is proposed that property, rights or liabilities are transferred by the scheme.
(1) In this Chapter —
“nuclear company” means a body corporate with control of a designated installation, designated site or designated facility;
“publicly controlled” is to be construed in accordance with subsection (3).
(2) Expressions used in this Chapter and in Chapter 1 of this Part have the same meanings in this Chapter as in that Chapter.
(3) For the purposes of this Chapter a body corporate is a publicly controlled company if it is a company limited by shares that is either publicly owned or is otherwise a company in which—
(a) a person specified in subsection (4) holds a majority of the voting rights; or
(b) two or more persons so specified, taken together, hold a majority of the voting rights.
(4) The persons mentioned in subsection (3) are—
(a) the Treasury;
(b) a Minister of the Crown;
(c) the NDA;
(d) the UKAEA;
(e) a publicly owned company; or
(f) a nominee of a person falling within paragraphs (a) to (e).
(5) In this section “company” has the same meaning as in the Companies Act 1985 (c. 6).
(1) There shall be a body corporate to be known as the Civil Nuclear Police Authority (“the Police Authority”).
(2) Schedule 10 (which makes further provision about the Police Authority) has effect.
(1) It shall be the function of the Police Authority to secure the maintenance of an efficient and effective constabulary, to be known as the Civil Nuclear Constabulary (“the Constabulary”).
(2) The primary function of the Constabulary is—
(a) the protection of licensed nuclear sites which are not used wholly or mainly for defence purposes; and
(b) safeguarding nuclear material in Great Britain and elsewhere.
(3) The Police Authority may allocate to the Constabulary the function of carrying on such other activities relating to, or connected with, the security of—
(a) nuclear material, or
(b) sites where such material is being, has been or is to be used, processed or stored,
as the Police Authority thinks fit.
(4) The Constabulary shall have the function of carrying on such other activities as may be allocated to it by the Police Authority in accordance with directions given to that Authority for the purposes of this section by the Secretary of State.
(5) The Secretary of State may give the Police Authority directions restricting the exercise of its powers under subsection (3).
(6) Subject to the provisions of this Chapter, the Police Authority may do anything which appears to it to be likely to facilitate the carrying out of its functions, or to be incidental to carrying them out.
(7) Nothing in this section limits what a member of the Constabulary may do in the exercise of the powers and privileges conferred on him by section 56.
(1) The Police Authority—
(a) must appoint a chief constable of the Constabulary and a deputy chief constable of the Constabulary; and
(b) may appoint one or more assistant chief constables of the Constabulary.
(2) Before appointing the deputy chief constable or an assistant chief constable, the Police Authority must consult the chief constable.
(3) The chief constable, the deputy chief constable and every assistant chief constable are to be members of the Constabulary.
(4) The approval of the Secretary of State is required for the making of an appointment under this section.
(5) Schedule 11 (which makes provision about the removal and suspension of the chief constable and other senior officers) has effect.
(1) In carrying out his functions in any financial year, the chief constable must have regard to—
(a) the annual policing plan for that year issued by the Police Authority under paragraph 2 of Schedule 12; and
(b) the three-year strategy plan most recently issued by the Police Authority under paragraph 3 of that Schedule for a period that includes that year.
(2) The deputy chief constable may perform a function of the chief constable—
(a) while the chief constable is unable to act or unavailable;
(b) during a vacancy in the office of chief constable; or
(c) with the consent of the chief constable.
(3) A consent for the purposes of subsection (2)(c) may be either general or specific.
(4) The Police Authority may authorise an assistant chief constable to perform a function of the chief constable—
(a) while both the chief constable and the deputy chief constable are unable to act or unavailable; or
(b) while the offices of chief constable and deputy chief constable are both vacant.
(5) At any one time, only one person may be authorised to act under subsection (4).
(6) No person shall be entitled by virtue of subsection (2)(a) or (b) or an authorisation under subsection (4) to act for a continuous period exceeding three months, except with the consent of the Secretary of State.
(1) The Police Authority may appoint persons to be members of the Constabulary.
(2) Members of the Constabulary are to be employees of the Police Authority and (apart from the chief constable himself) under the direction and control of the chief constable.
(3) A person appointed as a member of the Constabulary must, on appointment—
(a) be attested as a constable by making the required declaration before a justice of the peace in England and Wales; or
(b) make the required declaration before a sheriff or a justice of the peace in Scotland.
(4) The required declaration is—
(a) in the case of a declaration before a justice of the peace in England and Wales, the declaration required by section 29 of the Police Act 1996 (c. 16) in the case of a member of a police force maintained under that Act; and
(b) in the case of a declaration before a sheriff or a justice of the peace in Scotland, a declaration faithfully to execute the duties of the office of a member of the Civil Nuclear Constabulary.
(1) A member of the Constabulary shall have the powers and privileges of a constable—
(a) at every place comprised in a relevant nuclear site; and
(b) everywhere within 5 kilometres of such a place.
(2) A member of the Constabulary shall have the powers and privileges of a constable at every trans-shipment site where it appears to him expedient to be in order to safeguard nuclear material while it is at the site.
(3) A member of the Constabulary shall have the powers and privileges of a constable at every other place where it appears to him expedient to be in order to safeguard nuclear material which is in transit.
(4) A member of the Constabulary shall have the powers and privileges of a constable at every place where it appears to him expedient to be in order to pursue or to detain a person whom he reasonably believes—
(a) to have unlawfully removed or interfered with nuclear material being safeguarded by members of the Constabulary; or
(b) to have attempted to do so.
(5) A member of the Constabulary shall have the powers and privileges of a constable throughout Great Britain for purposes connected with—
(a) a place mentioned in subsections (1) to (4);
(b) anything that he or another member of the Constabulary is proposing to do, or has done, at such a place; or
(c) anything which he reasonably believes to have been done, or to be likely to be done, by another person at or in relation to such a place.
(6) This section has effect in United Kingdom waters adjacent to Great Britain as it has effect in Great Britain, but as if references to the powers and privileges of a constable were references to the powers and privileges of a constable in the nearest part of Great Britain.
(7) In this section—
“detain”, in relation to a person, includes transferring him to the custody of another or to a place where he may be held in custody;
“relevant nuclear site” means a licensed nuclear site other than a designated defence site;
“trans-shipment site” means a place which a member of the Constabulary reasonably believes to be—
a place where a consignment of nuclear material in transit is trans-shipped or stored; or
a place to which a consignment of nuclear material may be brought to be trans-shipped or stored while it is in transit;
“United Kingdom waters” means waters within the seaward limits of the territorial sea;
and nuclear material is “in transit” for the purposes of this section if it is being carried (or is being trans-shipped or stored incidentally to carriage) before its delivery at its final destination.
(8) In subsection (7) “designated defence site” means a site designated by order made by the Secretary of State as a site which appears to him to be used wholly or mainly for defence purposes.
(9) An order under subsection (8) must be laid before Parliament after being made.
(10) Where an order designating a site for the purposes of section 76(2) of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (jurisdiction of Atomic Energy Authority special constables) is in force immediately before the commencement of this section, that order shall have effect after the commencement of this section as an order made under and for the purposes of subsection (8).
(1) The Terrorism Act 2000 (c. 11) is amended as follows.
(2) In section 44 (authorisation to stop and search in connection with terrorism)—
(a) after subsection (4B) insert—
“(4BA) In a case in which the specified area or place is a place in which members of the Civil Nuclear Constabulary have the powers and privileges of a constable, an authorisation may also be given by a member of that Constabulary who is of at least the rank of assistant chief constable.”;
(b) in subsection (4C), after paragraph (b) insert “or
(c) a member of the Civil Nuclear Constabulary,”.
(3) In section 46 (duration of authorisation), after subsection (2) insert—
“(2A) An authorisation under section 44(4BA) does not have effect except in relation to times when the specified area or place is a place where members of the Civil Nuclear Constabulary have the powers and privileges of a constable.”
(1) Where—
(a) the Police Authority makes provision about the government, administration or conditions of service of the Constabulary or its members, and
(b) the provision relates to matters which are the subject of regulations under section 50 of the Police Act 1996 (c. 16) (regulations about the government, administration and conditions of service of police forces),
the provision made by the Police Authority may differ from those regulations only so far as necessary to take account of differences relating to the structure and circumstances of the Constabulary.
(2) Before making provision about the government, administration or conditions of service of the Constabulary or its members, the Police Authority must consult—
(a) the chief constable;
(b) the Civil Nuclear Police Federation; and
(c) if the proposed provision relates to members of a rank-related association, that association.
(1) This section applies where a member of the Constabulary serves with a relevant force under arrangements made between the chief officer of that force and the chief constable.
(2) The member of the Constabulary—
(a) shall be under the direction and control of the chief officer of the relevant force; and
(b) shall have the same powers and privileges as a member of that force.
(3) In this section—
“chief officer” means—
a chief officer of police of a police force for a police area in Great Britain;
the Chief Constable of the Police Service of Northern Ireland;
the Director General of the National Criminal Intelligence Service;
the Director General of the National Crime Squad;
the chief constable of the British Transport Police Force; or
the chief constable of the Ministry of Defence Police;
“relevant force” means—
a police force for a police area in Great Britain;
the Police Service of Northern Ireland;
the National Criminal Intelligence Service;
the National Crime Squad;
the British Transport Police Force; or
the Ministry of Defence Police.
(1) A person falling within subsection (2) must pay to the Police Authority such charges (if any) in respect of services provided by the Constabulary as are—
(a) agreed between that person and the Police Authority; or
(b) in the absence of agreement, determined by the Secretary of State.
(2) A person falls within this subsection if—
(a) he is the owner or occupier of a site in respect of which services are provided by the Constabulary;
(b) he is a person with an interest in, or with custody or control of, nuclear material in respect of which services are so provided; or
(c) he is a person not falling within paragraph (a) or (b) who is the recipient of services provided by the Constabulary.
(3) The Secretary of State may pay to the Police Authority such sums as are—
(a) agreed between him and that Authority, or
(b) in the absence of agreement, determined by the Secretary of State,
in respect of services provided by the Constabulary to such persons as he may determine.
(4) The services in respect of which charges or sums may be imposed or paid under this section include—
(a) services which it is the duty of the Constabulary to provide; and
(b) services which it is the duty of the person charged to have provided.
Schedule 12 (which makes provision about planning and reporting) has effect.
(1) Her Majesty’s Inspectors of Constabulary must inspect the Constabulary from time to time.
(2) Her Majesty’s Inspectors of Constabulary must also inspect the Constabulary if requested to do so by the Secretary of State either—
(a) generally; or
(b) in respect of a particular matter.
(3) Before carrying out an inspection under this section wholly or partly in Scotland, Her Majesty’s Inspectors of Constabulary must consult the Scottish inspectors—
(a) in the case of any inspection by virtue of subsection (1) or (2)(a), about the scope and conduct in Scotland of the proposed inspection; and
(b) in any other case, about its conduct in Scotland.
(4) Following an inspection under this section, Her Majesty’s Inspectors of Constabulary must report to the Secretary of State on the efficiency and effectiveness of the Constabulary either—
(a) generally; or
(b) in the case of an inspection under subsection (2)(b), in respect of the matter to which the inspection related.
(5) A report under subsection (4) must be in such form as the Secretary of State may direct.
(6) The Secretary of State must arrange for every report which he receives under subsection (4) to be published in such manner as appears to him to be appropriate.
(7) The Secretary of State may exclude from publication under subsection (6) any part of a report if, in his opinion, the publication of that part—
(a) would be against the interests of national security; or
(b) might jeopardise the safety of any person.
(8) The Secretary of State must send a copy of the published report—
(a) to the Police Authority; and
(b) to the chief constable.
(9) The Police Authority must pay to the Secretary of State such amounts as he may determine in respect of an inspection carried out under this section.
(10) The Secretary of State must pay sums received by him under subsection (9) into the Consolidated Fund.
(11) In this section “the Scottish inspectors” means the inspectors of constabulary appointed under section 33(1) of the Police (Scotland) Act 1967 (c. 77).
Energy Act 2004