Office of Public Sector Information
PART 3 continued CHAPTER 1 continued
(1) A person who discloses information obtained by virtue of a notice under section 52(4) or 53(2) or (5), or regulations under section 54(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;
(b) it is made under section 63 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 63 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);
(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 (c. 12);
(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 maximum;
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or both.
(1) It is an offence for a person, knowingly or recklessly, to supply information which is false or misleading in a material respect to the Secretary of State in response to a requirement under this Chapter.
(2) A person guilty of an offence under this section is liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum, or
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or both.
No proceedings for an offence under this Chapter (including an offence created by regulations under section 54) may be instituted except by the Secretary of State or—
(a) in England and Wales, the Director of Public Prosecutions, or
(b) in Northern Ireland, the Director of Public Prosecutions for Northern Ireland.
(1) The Secretary of State may, by order, modify section 45 so that it also applies where, on or after the day on which the order comes into force, a person applies for a nuclear site licence in respect of a site of a description specified in the order.
(2) The sites which fall within a description specified under subsection (1) must be—
(a) sites on which the person intends to construct a nuclear installation for a purpose connected with the generation of electricity, or
(b) sites in respect of which an obligation has previously arisen under section 45 by virtue of paragraph (a) and on which the person intends to operate a nuclear installation which was constructed for such a purpose.
(1) The Secretary of State may require a body within subsection (2) to provide the Secretary of State with such assistance as that body is reasonably able to give in connection with the performance by the Secretary of State of a function under this Chapter.
(2) Those bodies are—
(a) the Health and Safety Executive;
(b) the Environment Agency;
(c) the Department of the Environment for Northern Ireland.
(3) A body within subsection (2) may provide information to the Secretary of State if—
(a) the information relates to a person within subsection (5), and
(b) the Secretary of State or the body thinks that the information is relevant to a function of the Secretary of State under this Chapter.
(4) The Secretary of State may provide information to a body within subsection (2) if—
(a) the information relates to a person within subsection (5), and
(b) the Secretary of State or the body thinks that the information is relevant to a function of the body in relation to the programme.
(5) The persons are—
(a) a site operator, or another person, who has obligations under a funded decommissioning programme (whether or not the programme is approved),
(b) a body corporate which is associated with a site operator who has submitted a funded decommissioning programme if—
(i) the Secretary of State is considering making a modification under section 46 which, if made, would result in the body corporate having obligations under the programme, or
(ii) a proposal under section 48 has been made for a modification which, if made, would result in the body corporate having obligations under the programme, or
(c) in the case of subsection (3) only, a body corporate which is so associated and in relation to which the Secretary of State is considering whether to make a proposal of the kind mentioned in paragraph (b)(ii).
(6) This section applies despite any statutory or other restriction on the disclosure of information.
(7) 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.
(1) This section applies where a person (“the former site operator”) ceases to hold a nuclear site licence in respect of a site.
(2) This Chapter continues to apply to the former site operator as if it were the site operator in relation to the site.
(3) But the Secretary of State may give notice to the former site operator releasing it from its obligations under—
(a) this Chapter, and
(b) an approved funded decommissioning programme in respect of the site.
(4) A notice under subsection (3)—
(a) may relate to all the former site operator’s obligations or only to specified obligations;
(b) may relate to the whole or part of a site;
(c) may relate to all nuclear installations on a site or only to specified nuclear installations;
(d) may be unconditional or subject to conditions.
(5) The power conferred by subsection (3) applies in relation to any other person with obligations under a programme within subsection (3)(b) as it applies in relation to the site operator.
(6) This section is without prejudice to the operation of this Chapter in relation to another person who applies for or is granted a nuclear site licence in respect of the site.
After section 1(3) of the Nuclear Installations Act 1965 (c. 57) (nuclear site licences) insert—
“(4) Subsection (1) is subject to section 47 of the Energy Act 2008 (prohibition on use of site in absence of approved funded decommissioning programme).”
(1) Where the Secretary of State enters an agreement for, or in connection with, the disposal of relevant hazardous material by or on behalf of the Secretary of State, the agreement may provide for a fee to be paid to the Secretary of State.
(2) The Secretary of State may not enter an agreement which provides for the payment of a fee unless the consent of the Treasury has been obtained in relation to the amount of the proposed fee.
(3) The fee for which such an agreement provides may include—
(a) such amount as the Secretary of State considers prudent by reason of any uncertainty which exists about the relevant expenditure which will or may be incurred in connection with the Secretary of State’s obligations under the agreement in relation to the relevant hazardous material;
(b) an amount in respect of such proportion as the Secretary of State considers appropriate of the aggregate of—
(i) the relevant expenditure which has been, will or may be, incurred in connection with the design and construction of a repository in which material (including any hazardous material to which the agreement relates) is to be disposed of, and
(ii) such amount as the Secretary of State considers it prudent to make allowance for by reason of any uncertainty which exists about the relevant expenditure which will or may be incurred as mentioned in sub-paragraph (i).
(4) In this section—
“hazardous material” has the meaning given by section 37 of the Energy Act 2004 (c. 20);
“relevant expenditure” means expenditure incurred by the Secretary of State, the Nuclear Decommissioning Authority or any other person;
“relevant hazardous material” means hazardous material which is, or is required to be, the subject of a funded decommissioning programme.
(1) For the purposes of this Chapter, one body corporate is associated with another if one of them has a significant interest in the other or a third body corporate has a significant interest in both of them; and subsections (2) to (5) set out the circumstances in which one body corporate (“A”) has a significant interest in another (“B”).
(2) Where B is a company, A has a significant interest in B if A possesses or is entitled to acquire—
(a) 20% or more of the issued share capital of B,
(b) such rights as would entitle A to exercise 20% or more of the votes exercisable in general meetings of B,
(c) such part of the issued share capital of B as would entitle A to 20% or more of the amount distributed if the whole of the income of B were in fact distributed among the shareholders, or
(d) such rights as would, in the event of the winding up of B or in any other circumstances, entitle it to receive 20% or more of the assets of B which would then be available for distribution among the shareholders.
(3) Where B is a limited liability partnership, A has a significant interest in B if A—
(a) holds 20% or more of the voting rights in B,
(b) is a member of B and has a right to appoint or remove 20% or more of other members, or
(c) is a member of B and controls alone, or pursuant to an agreement with other members, 20% or more of the voting rights in B.
(4) In subsection (3)(a) and (c) the references to “voting rights” are to the rights conferred on members in respect of their interest in a limited liability partnership to vote on those matters which are to be decided on by a vote of the members of the limited liability partnership.
(5) In any case, A has a significant interest in B if A has the power, directly or indirectly, to secure that the affairs of B are conducted in accordance with A’s wishes.
(6) In determining whether, by virtue of this section, A has a significant interest in B, A shall be taken to possess—
(a) any rights and powers possessed by a person as nominee for A, and
(b) any rights and powers possessed by a body corporate which A controls (including rights and powers which such a body corporate would be taken to possess by virtue of this paragraph).
(7) In order to determine whether one body corporate controls another for the purposes of subsection (6)(b), subsections (2) to (5) and (6)(a) are to be applied, but as if—
(a) for “has a significant interest in” in each place there were substituted “controls”, and
(b) for “20%” in each place there were substituted “50%”.
In this Chapter—
“approved funded decommissioning programme” means a funded decommissioning programme approved under section 46;
“cleaning-up” and “decommissioning”, in relation to a site or installation, include the treatment, storage, transportation and disposal of hazardous material (within the meaning of section 37 of the Energy Act 2004) and of other matter and substances that need to be dealt with or removed in or towards making the site or installation suitable to be used for other purposes;
“the designated technical matters” has the meaning given by section 45;
“document” includes anything in which information is recorded in any form;
“enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament or Northern Ireland legislation;
“funded decommissioning programme” is to be construed in accordance with section 45;
“nuclear installation” has the meaning given by section 26 of the Nuclear Installations Act 1965 (c. 57);
“nuclear site licence” has the meaning given by that section;
“relevant nuclear installation”, in relation to a site, means a nuclear installation which is or is intended to be established on the site;
“site operator” means a person who holds a nuclear site licence in respect of a site;
“the technical matters” has the meaning given by section 45.
(1) The Energy Act 2004 (c. 20) is amended as follows.
(2) In section 105(2) (notices), for “that person” substitute “—
(a) a person falling within subsection (1)(a), (b) or (c), or
(b) if a person to whom paragraph (a) applies is a body corporate, a body corporate associated with that person (subject to section 105A),”.
(3) In section 105(3) (consents) for the words from the beginning to “proposals—” substitute—
“(3) Before requiring a person to submit a decommissioning programme in respect of proposals made by a person within paragraph (a) or (b) of subsection (1), the Secretary of State must be satisfied that at least one of the statutory consents required for giving effect to those proposals—”.
(4) After section 105 (requirement to prepare decommissioning programme) insert—
(1) The Secretary of State may not give a notice under section 105(2)(b) to a body corporate associated with a person (“the responsible person”) within section 105(1)(a), (b) or (c) unless the Secretary of State—
(a) has given a notice to the responsible person under section 105(2)(a), and
(b) is not satisfied that adequate arrangements (including financial arrangements) have been made by the responsible person to ensure that a satisfactory decommissioning programme will be carried out.
(2) Subsection (1) does not apply if—
(a) there has been a failure to comply with a notice under section 105(2), or
(b) the Secretary of State has rejected a programme submitted in compliance with such a notice.
(3) For the purposes of this section and section 105, one body corporate is associated with another if one of them controls the other or a third body corporate controls both of them, and subsections (4) to (8) set out the circumstances in which one body corporate (“A”) controls another (“B”).
(4) Where B is a company, A controls B if A possesses or is entitled to acquire—
(a) one half or more of the issued share capital of B,
(b) such rights as would entitle A to exercise one half or more of the votes exercisable in general meetings of B,
(c) such part of the issued share capital of B as would entitle A to one half or more of the amount distributed if the whole of the income of B were in fact distributed among the shareholders, or
(d) such rights as would, in the event of the winding up of B or in any other circumstances, entitle it to receive one half or more of the assets of B which would then be available for distribution among the shareholders.
(5) Where B is a limited liability partnership, A controls B if A—
(a) holds a majority of the voting rights in B,
(b) is a member of B and has a right to appoint or remove a majority of other members, or
(c) is a member of B and controls alone, or pursuant to an agreement with other members, a majority of the voting rights in B.
(6) In subsection (5)(a) and (c) the references to “voting rights” are to the rights conferred on members in respect of their interest in a limited liability partnership to vote on those matters which are to be decided on by a vote of the members of the limited liability partnership.
(7) In any case, A controls B if A has the power, directly or indirectly, to secure that the affairs of B are conducted in accordance with A’s wishes.
(8) In determining whether, by virtue of subsections (4) to (7), A controls B, A is to be taken to possess—
(a) any rights and powers possessed by a person as nominee for it, and
(b) any rights and powers possessed by a body corporate which it controls (including rights and powers which such a body corporate would be taken to possess by virtue of this paragraph).”
(5) In section 108 (reviews of decommissioning programmes), after subsection (3) insert—
“(3A) A proposal under subsection (3)(b) may, in particular, be made in relation to a body corporate associated with a person who has a duty under section 109(1) (and for this purpose “associated” is to be construed in accordance with section 105A(3) to (8)).”
(1) After section 110 of the Energy Act 2004 (c. 20) (failure to carry out decommissioning programme) insert—
(1) This section applies where any security in relation to the carrying out of an approved decommissioning programme, or for compliance with the conditions of its approval, has been provided by a person (“the security provider”) by way of a trust or other arrangements.
(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 insolvency or otherwise) is to be determined in accordance with the trust or other arrangements.
(4) For the purposes of subsection (3), no regard is to be had to so much of the Insolvency Act 1986, the Insolvency (Northern Ireland) Order 1989 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, would—
(a) prevent or restrict the protected assets from being applied in accordance with the trust or other arrangement, or
(b) prevent or restrict their enforcement for the purposes of being so applied.
(5) In subsection (4) “enactment” includes an instrument made under an enactment.
(1) The Secretary of State may direct a security provider to publish specified information about the protected assets.
(2) A direction under this section may specify—
(a) the time when the information must be published, and
(b) the manner of publication.
(3) If a security provider fails to comply with a direction, the Secretary of State or a creditor of the security provider may make an application to the court under this section.
(4) If, on an application under this section, the court decides that the security provider has failed to comply with the direction, it may order the security provider to take such steps as the court directs for securing that the direction is complied with.
(5) In this section—
“the protected assets” has the same meaning as in section 110A;
“security provider” means a person who has provided security in relation to which that section applies.
(6) In subsections (3) and (4) references to “the court” are references—
(a) to the High Court, in relation to an application in England and Wales or Northern Ireland, or
(b) to the Court of Session, in relation to an application in Scotland.”
(2) In section 114(2) of that Act (interpretation), in the definition of “security” after paragraph (c) insert—
“(ca) an insurance policy;”.
After section 112 of the Energy Act 2004 (c. 20) (duty to inform Secretary of State) insert—
(1) The Secretary of State may by notice require a person within subsection (2) to provide the Secretary of State with such relevant information or documents as the Secretary of State may require in connection with the exercise of functions under this Chapter.
(2) Those persons are—
(a) a person who has been, or may be, given a notice under section 105(2)(a) in relation to a relevant object,
(b) where a person falling within paragraph (a) is a body corporate, a body corporate associated with that person,
(c) a person not within paragraph (a) or (b) who by virtue of provision made under section 108(3)(b) is subject to the duty under section 109(1) in relation to a decommissioning programme relating to a relevant object.
(3) Information or a document is “relevant” if it relates to—
(a) the place where the relevant object is or is to be situated,
(b) the relevant object,
(c) where the recipient of the notice is a body corporate falling within subsection (2)(c) or section 105(2)(a), details of an associated body corporate,
(d) the financial affairs of the recipient of the notice or, where the recipient is a body corporate falling within subsection (2)(c) or section 105(1)(a), (b) or (c), an associated body corporate,
(e) the security that the recipient proposes to provide in relation to the carrying out of a decommissioning programme relating to the relevant object or for the recipient’s compliance with any conditions of the programme’s approval, or
(f) where the recipient of the notice (“R”) is a body corporate falling within subsection (2)(c) or section 105(1)(a), (b) or (c), the name or address of any person whom R believes to be an associated body corporate.
(4) But if a notice under subsection (1) requires information in connection with a function of the Secretary of State under section 107(1) or (4), the notice may require the provision of information or documents which the Secretary of State considers are necessary or expedient for the purpose of exercising those functions (whether or not they are of a kind specified in subsection (3)).
(5) A notice under subsection (1) must specify the documents or information, or the description of documents or information, to which it relates.
(6) Information or documents required to be provided under this section must be provided within such period as is specified in the notice under subsection (1).
(7) In this section, “associated”, in relation to a body corporate, is to be construed in accordance with section 105A(3) to (8).
(8) A person who fails, without reasonable excuse, to comply with a notice under subsection (1) is guilty of an offence.
(9) A person who discloses information obtained by virtue of a notice under this section is guilty of an offence unless the disclosure—
(a) is made with the consent of the person by or on behalf of whom the information was provided,
(b) is for the purpose of the exercise of the Secretary of State’s functions under this Chapter, the Electricity Act 1989 or Part 4 of the Petroleum Act 1998, or
(c) is required by or under an enactment.”
(1) Section 30 of the Petroleum Act 1998 (c. 17) (persons who may be required to submit programmes) is amended as follows.
(2) In subsection (1)—
(a) after paragraph (b) insert—
“(ba) a person to whom subsection (5)(a) and (b) applied in relation to the installation, but who—
(i) transferred the right mentioned in that subsection to another person, and
(ii) has not obtained a consent required under the licence in relation to the transfer;”, and
(b) in paragraph (e) for “company” in each place substitute “body corporate”.
(3) In subsection (2)(c) for “company” in each place substitute “body corporate”.
(4) For subsection (5)(b) substitute—
“(b) either—
(i) any activity mentioned in subsection (6) is carried on from, by means of or on the installation, or
(ii) the person intends to carry on an activity mentioned in that subsection from, by means of or on the installation,”.
(5) For subsection (8) substitute—
“(8) For the purposes of this section, one body corporate is associated with another if one of them controls the other or a third body corporate controls both of them; and subsections (8A) to (8D) set out the circumstances in which one body corporate (“A”) controls another (“B”).
(8A) Where B is a company, A controls B if A possesses or is entitled to acquire—
(a) one half or more of the issued share capital of B,
(b) such rights as would entitle A to exercise one half or more of the votes exercisable in general meetings of B,
(c) such part of the issued share capital of B as would entitle A to one half or more of the amount distributed if the whole of the income of B were in fact distributed among the shareholders, or
(d) such rights as would, in the event of the winding up of B or in any other circumstances, entitle it to receive one half or more of the assets of B which would then be available for distribution among the shareholders.
(8B) Where B is a limited liability partnership, A controls B if A—
(a) holds a majority of the voting rights in B,
(b) is a member of B and has a right to appoint or remove a majority of other members, or
(c) is a member of B and controls alone, or pursuant to an agreement with other members, a majority of the voting rights in B.
(8C) In subsection (8B)(a) and (c) the references to “voting rights” are to the rights conferred on members in respect of their interest in a limited liability partnership to vote on those matters which are to be decided on by a vote of the members of the limited liability partnership.
(8D) In any case, A controls B if A has the power, directly or indirectly, to secure that the affairs of B are conducted in accordance with A’s wishes.”
(6) In subsection (9)—
(a) for “subsection (8)” substitute “subsections (8) to (8D)”, and
(b) for “company” in each place substitute “body corporate”.
(7) In section 31 of that Act (notices: supplementary provision), before subsection (1) insert—
“(A1) The Secretary of State may not give a notice under section 29(1) in relation to an offshore installation to a person (“P”) who, in relation to the installation, falls within paragraph (b) or (c) of section 30(1), if—
(a) P is not entitled to derive, and never has been entitled to derive, any financial or other benefit from any activity within section 30(6)—
(i) which has been or is carried on (or is intended to be carried on) from, by means of or on the installation, and
(ii) is an activity to which subsection (B1) applies, and
(b) P is not, and never has been, a person within section 30(1)(a), (ba), (d) or (e) in relation to the installation.
(B1) This subsection applies to an activity if—
(a) where the activity is the exploitation or exploration of mineral resources, it relates to an oil field for which the installation is or is to be established or maintained;
(b) where the activity is the conveyance of minerals, the minerals are got, or to be got, from such an oil field;
(c) where the activity is the unloading, storage or recovery of gas, it relates to a controlled place (within the meaning of Chapter 2 or 3 of Part 1 of the Energy Act 2008) for which the installation is or is to be established or maintained;
(d) where the activity is the conveyance of gas being stored or recovered, the storage or recovery of the gas relates to such a controlled place;
(e) where the activity is within section 30(6)(c)—
(i) the installation is in an oil field in respect of which P has an interest, or
(ii) the installation is in a controlled place in respect of which P has a licence under Part 1 of the Energy Act 2008.
Energy Act 2008