Legalize / United Kingdom / Public General Act

Energy Act 2004

Type Public General Act

Publication 2004-07-22

Last updated 2025-09-18

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

Meaning of “nuclear site” etc. and “person with control”

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(1) In this Chapter “nuclear site” means a principal nuclear site or a contaminated site.

(2) In this Chapter—

“contaminated site” means the whole or a part of a site which is not a principal nuclear site but—has been and remains contaminated (whether radioactively or chemically) as a result of nuclear activities; oris the location of hazardous material;

“principal nuclear site” means the whole or a part of a site of any of the following descriptions—a site in respect of which a nuclear site licence is or is required to be in force;a site in respect of which such a licence would be required to be in force if the licensing requirements of the 1965 Act applied to the Crown;a site not falling within paragraph (a) or (b) in or on which there is an NDA facility;a site on which there is an installation used for practical research into the production of energy by the fusion of atomic nuclei;a site which has been a site falling within paragraphs (a) to (d) but which, without being such a site, remains contaminated (whether radioactively or chemically) as a result of nuclear activities carried on while it was such a site or before it became one.

(3) References in this Chapter to the person with control of an installation, site or facility are references—

(a) in the case of—

(i) a site in relation to which a nuclear site licence is held by a person whose period of responsibility (within the meaning of the 1965 Act) is still current, or

(ii) a nuclear installation in or on such a site,

to that person;

(b) in the case of an installation or site which—

(i) is an installation in or on a site occupied by or on behalf of the Crown or is itself such a site, and

(ii) is an installation or site in the case of which there is a person appointed by an order made by the Secretary of State to be the person with control,

to that person;

(i) is not an installation to which paragraph (a) or (b) applies; but

(ii) is operated on a single site to which one of those paragraphs does apply,

to the person with control of the site;

(d) in the case of an installation or facility which—

(i) is not an installation or facility to which paragraph (a), (b) or (c) applies; but

(ii) is operated on a single site by a person who (without being the owner of the site) is in occupation of it,

to the occupier of the site;

(e) in the case of a facility which is operated otherwise than on a single site, to the operator of the facility;

(f) in the case of anything in or under the territorial sea adjacent to the United Kingdom, to the Secretary of State;

(g) in the case of a site to which none of the preceding paragraphs applies, to the owner of the site;

(h) in the case of an installation or facility to which none of those paragraphs applies, to the occupier of the site where the installation or facility is located.

(4) An order for the purposes of subsection (3)(b) is subject to the negative resolution procedure.

(5) For the purposes of this section something is contaminated as a result of nuclear activities if the contamination (whenever occurring), or any of it, is the direct or indirect result of one or more of the following—

(a) activities carried on in or on an installation, site or facility which was at the time, or subsequently became, a nuclear installation, a principal nuclear site or an NDA facility;

(b) the storage or disposal of any matter or substance in or on an installation, site or facility which was at the time, or subsequently became, a nuclear installation, a principal nuclear site or an NDA facility;

(c) an incident occurring in or on an installation, site or facility which was at the time, or subsequently became, a nuclear installation, a principal nuclear site or an NDA facility;

(d) the discharge of anything from an installation, site or facility which was at the time, or subsequently became, a nuclear installation, a principal nuclear site or an NDA facility;

(e) the transportation of hazardous material to or from a principal nuclear site or an installation or facility in or on such a site;

(f) an incident affecting hazardous material being transported to or from a principal nuclear site or an installation or facility in or on such a site.

General interpretation of Chapter 1 of Part 1

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(1) In this Chapter—

“apparatus” includes machinery, equipment, appliances, tanks, containers, pipes and conduits;

“cleaning-up” and “decommissioning”, in relation to a site or installation, includes—the treatment, storage, transportation and disposal of hazardous material 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; andthe construction of buildings and other structures to be used in connection with the cleaning-up or decommissioning of the site or installation;

“contaminated site” has the meaning given by section 36(2);

“control”, in relation to an installation, site or facility, is to be construed in accordance with section 36(3);

“Crown appointee”, in relation to an installation, site or facility, means—a Minister of the Crown; ora person for the time being holding an appointment under section 36(3)(b) as the person with control of it;

“designated”, in relation to an installation, site or facility, is to be construed in accordance with subsection (2);

“facility” includes a business or other undertaking and installations, vehicles or other property comprised in or used for the purposes of a business or other undertaking;

“hazardous material” means—nuclear matter;radioactive waste; andany other article or substance that has been and remains contaminated (whether radioactively or chemically) as a result (within the meaning of section 36) of nuclear activities;

“installation” includes buildings, structures and apparatus (whether or not fixed to land);

“NDA facility” means a facility which—is being or has been used for or in connection with the storage, disposal or treatment of hazardous material; andis a facility for the operation of which the NDA has or has had a responsibility;

“nuclear installation” means—an installation which is situated in or on a principal nuclear site but is not comprised in an NDA facility;pipes, conduits and other apparatus which are not situated in or on a principal nuclear site but are connected to an installation falling within paragraph (a);

“nuclear security” has the meaning given by section 9(9);

“nuclear site” has the meaning given by section 36(1);

“principal nuclear site” has the meaning given by section 36(2);

“publicly owned”, in relation to a company, is to be construed in accordance with subsection (3);

“site” includes—land within the United Kingdom;an area of territorial waters adjacent to the United Kingdom;the seabed and subsoil in any such area;

“treat”, in relation to any matter or substance, includes processing and reprocessing (including any use as a material in a process for the manufacture of nuclear fuel), and cognate expressions are to be construed accordingly;

“vehicle” includes vessel;

“voting rights” is to be construed in accordance with subsection (5).

(2) An installation, site or facility is designated for the purposes of this Chapter if—

(a) it is designated by a direction under section 3; or

(b) the NDA otherwise has responsibilities in relation to it by virtue of such a direction.

(3) For the purposes of this Chapter a body corporate is a publicly owned company if it is a company limited by shares and that company is one in which—

(a) a person specified in subsection (4) holds all the shares; or

(b) two or more persons so specified, taken together, hold all the shares.

(4) The persons mentioned in subsection (3) are—

(a) the Treasury;

(b) a Minister of the Crown;

(d) the UKAEA;

(e) a publicly owned company; or

(f) a nominee of a person falling within paragraphs (a) to (e).

(5) Schedule 6 to the Companies Act 2006 (meaning of “voting rights” etc.) applies for construing references in this Chapter to holding voting rights in a company as it applies for construing section 1159 of that Act.

(6) Sections 17 to 20 bind the Crown.

(7) In this section—

“company” means a company as defined in section 1(1) of the Companies Act 2006;

“nuclear matter” means material which—is nuclear matter within the meaning of the 1965 Act; orwould be such matter if it did not fall within an exception prescribed by regulations under that Act;

“radioactive waste” has the same meaning as in the 1993 Act the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154).

Chapter 2 — Transfers relating to nuclear undertakings

Transfer by scheme of property etc.

Nuclear transfer schemes

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(1) The Secretary of State may make a scheme providing for one or more transfers authorised by this Chapter (a “nuclear transfer scheme”).

(2) Nothing in this Chapter authorises the transfer in accordance with a nuclear transfer scheme of a nuclear site licence.

(3) Before making—

(a) a nuclear transfer scheme which transfers property, rights or liabilities to or from the NDA or a subsidiary of the NDA, or

(b) a nuclear transfer scheme not falling within paragraph (a) which he is proposing to make for purposes connected with the carrying out of the NDA’s functions,

the Secretary of State must consult the NDA.

(4) Before making a nuclear transfer scheme which transfers property, rights or liabilities to any person—

(a) from BNFL, or

(b) from a wholly-owned subsidiary of BNFL,

the Secretary of State must consult BNFL.

(5) Before making a nuclear transfer scheme that transfers property, rights or liabilities to any person—

(a) from the UKAEA, or

(b) from a wholly-owned subsidiary of the UKAEA,

the Secretary of State must consult the UKAEA.

(6) The consent of the Treasury is required for the making of a nuclear transfer scheme.

(7) A nuclear transfer scheme shall come into force at such time as the Secretary of State may appoint, whether in the scheme or subsequently.

(8) Schedule 5 (which makes further provision about nuclear transfer schemes) has effect.

Transfers of publicly owned assets

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(1) A nuclear transfer scheme may provide for a transfer to—

(a) a publicly owned company,

(b) the NDA, or

of property, rights and liabilities falling within subsection (2) that are set out in the scheme.

(2) The property, rights and liabilities that may be transferred are—

(a) securities of BNFL;

(b) securities of a company falling within subsection (3);

(d) property, rights and liabilities of a company falling within subsection (3);

(e) property, rights and liabilities of a wholly-owned subsidiary of BNFL, of the UKAEA or of a company falling within that subsection.

(3) A company falls within this subsection if—

(a) it is a nuclear company that is publicly owned; or

(b) it is a company designated for the purposes of this section by an order made by the Secretary of State.

(4) The Secretary of State may designate a company for the purposes of this section only if it is a publicly owned company to which—

(a) securities of BNFL,

(b) property, rights or liabilities of BNFL, or

were transferred (whether in accordance with a nuclear transfer scheme or otherwise) at a time when both the company and BNFL were publicly owned.

(5) The Secretary of State must lay a copy of every order under subsection (3) before Parliament.

(6) Nothing in this section authorises—

(a) a transfer of securities of BNFL, or

(b) a transfer of property, rights or liabilities of BNFL or of a wholly-owned subsidiary of BNFL,

at a time when BNFL is no longer publicly owned.

(7) Nothing in this section authorises—

(a) a transfer of securities of a company designated for the purposes of this section, or

(b) a transfer of property, rights or liabilities of such a company or of a wholly-owned subsidiary of such a company,

at a time when the company is no longer publicly owned.

(8) Schedule 6 (which makes provision about the structure etc. of publicly owned companies to which transfers are made that are authorised by this section) has effect.

(9) For the purposes of this section a person is a consenting person, in relation to a nuclear transfer scheme, if he has consented to the provisions of the scheme so far as they relate to him.

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(1) A nuclear transfer scheme may provide for a transfer to—

(a) a publicly owned company, or

(b) the NDA,

of property, rights and liabilities falling within subsection (3) that are set out in the scheme.

(2) But property, rights and liabilities may be transferred by virtue of this section only if the person who is entitled or subject to them has consented to their transfer in accordance with a nuclear transfer scheme.

(3) The property, rights and liabilities that may be transferred are—

(a) securities of a nuclear company that is not publicly owned;

(b) property and rights of such a company in or in relation to a nuclear site or an installation in or on such a site; or

(i) in respect of such a site or installation;

(ii) in connection with or by reference to activities carried on in or on such a site or installation; or

(iii) for purposes connected with that site or installation or with any such activities.

(4) In subsection (3) references to the property, rights and liabilities of a company, or to which a company is entitled or subject, include references to the property, rights and liabilities of any of its wholly-owned subsidiaries.

Recovery of property from private ownership

41

(1) This section applies in the case of a nuclear company (“the transferred company”) all the shares in which were transferred for the purposes of a management contract to the contractor or to a subsidiary of the contractor where—

(a) the contractor is in breach of that contract; or

(b) that contract has come to an end, whether by the expiry of the period for which it was in force or otherwise.

(2) A nuclear transfer scheme may provide for the transfer to—

(a) a publicly owned company,

(b) the NDA, or

of the property, rights and liabilities falling within subsection (3) that are set out in the scheme.

(3) The property, rights and liabilities that may be transferred are—

(a) securities of the transferred company (whether transferred as mentioned in subsection (1) or issued afterwards);

(b) property, rights and liabilities to which the transferred company was entitled or subject immediately before the transfer so mentioned;

(c) property, rights and liabilities transferred for the purposes of the management contract, to the contractor, to a subsidiary of the contractor or to the transferred company or a wholly-owned subsidiary of the transferred company;

(d) property, rights and liabilities to which the transferred company or a wholly-owned subsidiary of the transferred company first became entitled or subject while that contract was in force.

(4) Subsection (3) does not apply to property, rights or liabilities to the extent that they have been excluded from that subsection by—

(a) provision contained in an agreement between the NDA and the person entitled to or subject to them; or

(b) provision contained in a nuclear transfer scheme by virtue of which the property, rights and liabilities or the shares mentioned in subsection (1) were vested in any person.

(5) A transfer is authorised by this section notwithstanding that what is transferred has ceased, before the transfer, to be the property or a right or liability—

(a) of a person to whom anything was transferred for the purposes of the management contract mentioned in subsection (1);

(b) of the transferred company or of a wholly-owned subsidiary of that company; or

(c) in the case of securities issued after the transfer mentioned in that subsection, of the person to whom they were issued.

(6) Nothing in this section authorises the transfer of property, rights or liabilities from a company at a time when it is publicly owned.

(7) For the purposes of this section a person is a consenting contractor, in relation to a nuclear transfer scheme, if—

(a) he is a contractor under a management contract other than the one that has been broken or come to an end; and

(b) he has consented to the provisions of the scheme so far as they relate to him.

(8) In this section—

“contractor”, in relation to a management contract, means a party to the contract who is not the NDA;

“management contract” means a contract between the NDA and another person under which the other person is required to do or secure anything that the NDA is required to secure for the purpose of discharging its responsibilities; and

“transferred”, in relation to shares, property, rights or liabilities, means transferred in accordance with a nuclear transfer scheme.

Transfer of Nuclear Liabilities Investment Portfolio

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(1) A nuclear transfer scheme may provide for the transfer from BNFL to the Secretary of State of—

(a) the Nuclear Liabilities Investment Portfolio; or

(b) so much of that Portfolio as may be specified in the scheme.

(2) Nothing in this section authorises a transfer at a time when BNFL is no longer publicly owned.

(3) Where cash is transferred to the Secretary of State by a transfer authorised by this section, he must pay it into the Consolidated Fund.

(4) Where the Secretary of State receives—

(a) sums by way of income on property or rights transferred to him by a transfer authorised by this section, or

(b) sums in respect of the disposal of any such property or rights,

he must pay those sums into the Consolidated Fund.

(5) The Secretary of State must comply with every direction given to him by the Treasury with respect to—

(a) the disposal of property or rights transferred to him by a transfer authorised by this section; or

(b) the exercise of any other right attached to, or arising in respect of, such property;

and (in a case where there is no applicable direction) the Secretary of State must not dispose of or exercise any property or rights with respect to which he may be given a direction except with the consent of the Treasury.

(6) In this section “the Nuclear Liabilities Investment Portfolio” means property and rights to which BNFL is entitled and which appear to the Secretary of State, from BNFL’s published accounts, to represent assets held by BNFL for the purpose of being able to meet costs or liabilities for which the NDA has a financial responsibility under Chapter 1 of this Part.

Extinguishment of undertakings and tax losses

Undertakings given by the Secretary of State

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(1) This section applies where—

(a) the Secretary of State has given an undertaking to a publicly owned company to make payments to that company or a subsidiary of that company; and

(b) it appears to him that (apart from section 21(8)) the financial responsibilities of the NDA under Chapter 1 of this Part would make it unnecessary for those amounts to be paid.

(2) The Secretary of State may extinguish the undertaking, and every liability of his that has arisen under the undertaking, with effect from such date as he may notify to the other parties to it.

(3) Nothing in this section authorises the extinguishment of an undertaking at a time when the company to whom payments would fall to be made under the undertaking is not publicly owned.

(4) The extinguishment of an undertaking under this section shall neither require nor enable any sum to be brought into account in any person’s case for the purposes of corporation tax.

(5) In this section “undertaking” includes any agreement in which an undertaking to make payments is contained.

Extinguishment of BNFL losses for tax purposes

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(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 or by virtue of any provision to which section 1173 of the Corporation Tax Act 2010 (miscellaneous charges) applies;

(c) excesses to be carried forward in the company’s case under section 1223 of the Corporation Tax Act 2009 (carrying forward expenses of management and other amounts);

(d) losses incurred by the company in carrying on a UK property business (within the meaning given by Chapter 2 of Part 4 of the Corporation Tax Act 2009);

(e) losses to be carried forward in the company’s case under section 66 of the Corporation Tax Act 2010;

(f) any Type 4 carry-forward losses of the company falling within section 95(1) of the Corporation Tax Act 2010;

(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 section 456(1) of the Corporation Tax Act 2009 to the extent that they are to be carried forward in the company’s case under section 457(1) of that Act;

(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; ora 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; andthe 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.

Provisions relating to transfers

Further provision applying to transferee companies

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(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).

Pensions

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Schedule 8 (which makes provision about pensions in connection with transfers affecting nuclear undertakings) has effect.

Taxation

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Schedule 9 (which makes taxation provision in relation to nuclear transfer schemes) has effect.

Supplementary powers of the Secretary of State, the NDA and the UKAEA

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(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

(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

(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.

Supplementary provisions of Chapter 2 of Part 1

Duty to assist the Secretary of State

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(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

(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.

Interpretation of Chapter 2 of Part 1

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(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;

(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” means a company as defined in section 1(1) of the Companies Act 2006.

Chapter 3 — Civil Nuclear Constabulary

Civil Nuclear Police Authority

The Civil Nuclear Police Authority

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(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.

Civil Nuclear Constabulary

The Civil Nuclear Constabulary

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(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.

Chief constable and other senior officers

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(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.

Functions of senior officers

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(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 ... 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

(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.

Members of the Constabulary

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(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.

(5) Subsection (2) is subject to any provision included in a police force collaboration agreement by virtue of section 23(4) of the Police Act 1996.

Jurisdiction and powers of Constabulary

Jurisdiction of Constabulary

56

(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.

(3A) A member of the Constabulary has the powers and privileges of a constable at every place where additional police services are being provided under section 55A.

(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; ora 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).

Stop and search under Terrorism Act 2000

57

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Administration of Constabulary

Government, administration and conditions of service

58

(1) Where—

(a) the Police Authority makes provision about the government, administration or conditions of service of the Constabulary or its members or former 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

Members of Constabulary serving with other forces

59

(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 England and Wales;the chief constable of the Police Service of Scotland;the Chief Constable of the Police Service of Northern Ireland;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .the chief constable of the British Transport Police Force; orthe chief constable of the Ministry of Defence Police;

“relevant force” means—a police force for a police area in England and Wales;the Police Service of Scotland;the Police Service of Northern Ireland;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .the British Transport Police Force; orthe Ministry of Defence Police.

(3A) For the purposes of this section, a member of the Constabulary who is provided for the assistance of a relevant force under section 55B is to be treated as serving with that force under arrangements of the kind mentioned in subsection (1).

Charges

60

(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.

Supervision and inspection etc.

Planning and reports

61

Schedule 12 (which makes provision about planning and reporting) has effect.

Inspection

62

(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 71(2) of the Police and Fire Reform (Scotland) Act 2012.

Supervision by Secretary of State

63

(1) The Police Authority must comply with directions given by the Secretary of State under Schedule 13.

(2) The Secretary of State must exercise his powers under this Chapter in such manner, and to such extent, as appears to him best calculated to promote the efficiency and effectiveness of the Constabulary.

(3) The Police Authority must pay to the Secretary of State such amounts as he may determine in respect of things done by him for or in relation to the Authority or its employees in connection with matters relating to security.

(4) The Secretary of State must pay sums received by him under subsection (3) into the Consolidated Fund.

Rights etc. of members of the Constabulary

Civil Nuclear Police Federation

64

(1) The Secretary of State may approve a body (whether corporate or unincorporate) as the body approved to carry out the functions conferred by this section.

(2) The body approved by the Secretary of State shall be known as the Civil Nuclear Police Federation.

(3) The function of the Civil Nuclear Police Federation shall be to represent members of the Constabulary (other than senior officers) in all matters affecting their welfare and efficiency.

(4) Those matters do not include—

(a) the promotion in rank of particular individuals; or

(b) (except to the extent provided in subsection (5)) discipline matters affecting particular individuals.

(5) The Civil Nuclear Police Federation may represent a member of the Constabulary (other than a senior officer)—

(a) at disciplinary proceedings conducted in accordance with arrangements made by the Police Authority; or

(b) on an appeal under any such arrangements from a decision in such proceedings.

(6) But representation under subsection (5) must comply with any restrictions imposed by section 66.

(7) Except so far as otherwise authorised by the Secretary of State, the Civil Nuclear Police Federation must be entirely independent of, and unassociated with, bodies and other persons who are without appropriate police connections.

(8) But it may employ in an administrative or advisory capacity persons who are without appropriate police connections.

(9) An authorisation for the purposes of subsection (7)—

(a) may be given either conditionally or unconditionally; and

(b) may be varied or revoked at any time.

(10) Only the following have appropriate police connections for the purposes of this section—

(a) persons within the service of the Constabulary, of the Ministry of Defence Police, of the British Transport Police Force, of a police force for a police area in England and Wales, of the Police Service of Scotland or of the Police Service of Northern Ireland;

(b) persons not falling within paragraph (a) who are members of or employed by the Police Authority;

(c) a federation referred to in section 59 of the Police Act 1996 (c. 16), section 3 of the Ministry of Defence Police Act 1987 (c. 4) or section 39 of the Railways and Transport Safety Act 2003 (c. 20) (police federations);

(d) the Police Association for Northern Ireland;

(e) a rank-related association;

(f) a body recognised under, and for the purposes specified in, section 64(5) of the Police Act 1996 or section 35(4) of the Police (Northern Ireland) Act 1998 (c. 32) (recognition of other bodies for trade union purposes).

65

(1) The Secretary of State may approve one or more bodies (whether corporate or unincorporate) as bodies approved to carry out the functions conferred by this section.

(2) A body approved by the Secretary of State under this section shall be known as a rank-related association.

(3) The function of a rank-related association shall be to represent, in all matters affecting their welfare and efficiency, members of the Constabulary who—

(a) are not members of the Civil Nuclear Police Federation or of another rank-related association; and

(b) hold such ranks as may be specified in the approval given for the purposes of this section by the Secretary of State.

(4) Those matters do not include—

(a) the promotion in rank of particular individuals; or

(b) (except to the extent provided in subsection (5)) discipline matters affecting particular individuals.

(5) A rank-related association may represent a member of the association—

(a) at disciplinary proceedings conducted in accordance with arrangements made by the Police Authority; or

(b) on an appeal under any such arrangements from a decision in such proceedings.

(6) But representation under subsection (5) must comply with any restrictions imposed by section 66.

(7) Except so far as otherwise authorised by the Secretary of State, a rank-related association must be entirely independent of, and unassociated with, bodies and other persons who are without appropriate police connections.

(8) But it may employ in an administrative or advisory capacity persons who are without appropriate police connections.

(9) An authorisation for the purposes of subsection (7)—

(a) may be given either conditionally or unconditionally; and

(b) may be varied or revoked at any time.

(10) In relation to a rank-related association, only the following have appropriate police connections for the purposes of this section—

(a) persons within the service of the Constabulary, of the Ministry of Defence Police, of the British Transport Police Force, of a police force for a police area in Great Britain or of the Police Service of Northern Ireland;

(b) persons not falling within paragraph (a) who are members of or employed by the Police Authority;

(d) another rank-related association;

(e) a federation referred to in section 59 of the Police Act 1996 (c. 16), section 3 of the Ministry of Defence Police Act 1987 (c. 4) or section 39 of the Railways and Transport Safety Act 2003 (c. 20) (police federations);

(f) the Police Association for Northern Ireland;

(g) a body recognised under, and for the purposes specified in, section 64(5) of the Police Act 1996 or section 35(4) of the Police (Northern Ireland) Act 1998 (c. 32) (recognition of other bodies for trade union purposes).

Representation at certain disciplinary proceedings

66

(1) This section applies where disciplinary proceedings conducted in accordance with arrangements made by the Police Authority may lead to a member of the Constabulary who is not a senior officer being—

(a) dismissed;

(b) required to resign; or

(2) The member of the Constabulary must be given an opportunity to elect to be legally represented—

(a) in those proceedings; and

(b) on any appeal under the arrangements.

(3) If he so elects, he may be represented, at his option, by counsel or by a solicitor.

(4) The member of the Constabulary, if he is not legally represented, may be represented in the proceedings or on an appeal only by a person who is—

(a) a member of the Constabulary;

(b) a member of a police force maintained under the Police Act 1996 (c. 16);

(d) a constable of the British Transport Police Force; or

(e) a member of the Ministry of Defence Police.

Trade union membership

67

(1) A member of the Constabulary must not be a member of—

(a) a trade union; or

(b) an association whose objects are or include controlling or influencing the pay, pensions or conditions of service of members of the Constabulary.

(2) Subsection (1) does not prevent a member of the Constabulary—

(a) from being a member of the Civil Nuclear Police Federation;

(b) from being a member of a rank-related association; or

(c) with the consent of the chief constable, from continuing to be a member of a trade union to which he belonged before becoming a member of the Constabulary.

(3) In this section “trade union” has the meaning given by section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52).

Supplementary provisions of Chapter 3 of Part 1

Application of offences etc. applying to constables

68

(1) The references in section 89(1) and (2) of the Police Act 1996 ... (assaults on constables) to a constable in the execution of his duty shall have effect as if they included references to a member of the Constabulary who—

(a) is exercising any of the powers or privileges conferred on him by section 56; or

(b) is otherwise performing his duties under the direction and control of the chief constable or as an employee of the Police Authority.

(2) Section 90 of the Police Act 1996 (impersonation of member of a police force) shall have effect as if the references to a member of a police force included references to a member of the Constabulary.

(3) In section 91 of the Police Act 1996 (causing disaffection), for subsection (2) substitute—

(2) This section applies in the case of— (a) special constables appointed for a police area, (b) members of the Civil Nuclear Constabulary, and (c) members of the British Transport Police Force, as it applies in the case of members of a police force.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In any enactment—

(a) references to a person’s being in the custody of a constable, or to his being detained in the charge of a constable, include references to his being detained by a member of the Constabulary in the exercise of any of the powers or privileges conferred on him by section 56; and

(b) references to a person’s accompanying a constable include references to his accompanying a member of the Constabulary.

Minor amendments relating to the Constabulary

69

(1) Schedule 14 (which contains minor amendments relating to the Constabulary) has effect.

(2) The Secretary of State may by order make such modifications of subordinate legislation as appear to him to be appropriate in consequence of any provision of this Chapter.

(3) Orders under subsection (2) are subject to the negative resolution procedure.

Nuclear transfer scheme for UKAEA Constabulary

70

(1) The Secretary of State must make a nuclear transfer scheme providing for the transfer to the Police Authority of—

(a) the employees of the UKAEA who are members of the UKAEA Constabulary;

(b) such other persons employed by the UKAEA for purposes connected with that Constabulary as he considers appropriate;

(c) such property held by the UKAEA for purposes connected with the activities of members of the UKAEA Constabulary as he considers appropriate; and

(d) such rights and liabilities of the UKAEA relating to any of those activities, or to any such property, as he considers appropriate.

(2) The nuclear transfer scheme that provides for the transfer of members of the UKAEA Constabulary to the Police Authority must provide for the transfer to the Police Authority, at the same time, of everyone who immediately before that time is employed by the UKAEA exclusively for purposes connected with that Constabulary.

(3) Chapter 2 of this Part shall have effect as if the nuclear transfer scheme required by this section were a scheme authorised by section 39 but did not require the consent of the Police Authority to any of its provisions.

(4) From the date on which the nuclear transfer scheme required by this section comes into force, the members of the UKAEA Constabulary who are transferred by the scheme shall hold office as members of the Constabulary as if they had—

(a) been appointed by the Police Authority in accordance with section 55; and

(b) on appointment made the declaration required by that section.

(5) In this section “members of the UKAEA Constabulary”, in relation to a nuclear transfer scheme, means persons who, on the date on which the scheme comes into force, are special constables appointed on the nomination of the UKAEA under section 3 of the Special Constables Act 1923 (c. 11).

Interpretation of Chapter 3 of Part 1

71

(1) In this Chapter—

“additional police services” has the meaning given in section 55A(2);

“chief constable” means the chief constable of the Constabulary;

“the Civil Nuclear Police Federation” is to be construed in accordance with section 64(2);

“the Constabulary” means the Civil Nuclear Constabulary;

“licensed nuclear site” means a site in respect of which a nuclear site licence is or is required to be in force;

“nuclear material” means—any fissile material in the form of—uranium metal, alloy or chemical compound; orplutonium metal, alloy or chemical compound;any other fissile material prescribed by regulations made by the Secretary of State;

“the Police Authority” means the Civil Nuclear Police Authority;

“rank-related association” is to be construed in accordance with section 65(2);

“senior officer” means the chief constable or the deputy chief constable or an assistant chief constable of the Constabulary.

(2) References in this Chapter to the functions of the Police Authority include references to securing that the functions of the Constabulary are carried out.

(3) Any power of the Secretary of State under this Chapter to give directions—

(a) restricting the exercise by the Police Authority of its powers,

(b) requiring functions to be carried out or objectives to be met by the Constabulary or the Police Authority, or

includes power to impose restrictions, confer functions, require objectives to be met or impose obligations at or in relation to places outside Great Britain.

(4) Regulations under subsection (1) are subject to the negative resolution procedure.

(5) Where regulations under subsection (7) of section 76 of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (jurisdiction of Atomic Energy Authority special constables) prescribing material to be treated as nuclear material for the purposes of that section are in force immediately before the commencement of this section, those regulations shall have effect after the commencement of this section as regulations made under and for the purposes of subsection (1).

Chapter 4 — Authorisations relating to radioactive waste

Transfer of authorisations

72

After section 16 of the 1993 Act (grant of authorisations) insert—

(16A) (1) This section applies where— (a) a person (“the transferor”) holds an authorisation granted under section 13 in respect of the disposal of radioactive waste on or from premises situated on a nuclear site; and (b) an application is made under this section for a transfer (in whole or in part) of that authorisation to another person (“the transferee”). (2) An application under this section is one which— (a) is made to the authorising authority jointly by the transferor and the transferee; (b) is accompanied by the appropriate amount; and (c) in the case of an application for a transfer relating to part only of the premises, identifies the part in question. (3) The appropriate amount for the purposes of subsection (2) is— (a) if the application is made to the appropriate Agency, the amount of the charge (if any) that is prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995; and (b) if it is made to the chief inspector, the prescribed fee. (4) The authorising authority must, on receipt of the application (but subject to directions under section 25 and to subsection (6)), send a copy of the application to every local authority in whose area radioactive waste may be disposed of under the authorisation to which the application relates. (5) Before granting the application, the authorising authority must (subject to subsection (6)) consult everyone whom it would have been required to consult under section 16(4A) and (5) if— (a) the transferee had applied for the grant of the authorisation that he would hold were the application to be granted; and (b) in the case of a partial transfer, the transferor had applied for the grant (in place of his existing authorisation) of the authorisation he would hold in those circumstances. (6) The authorising authority may proceed with the application without— (a) sending a copy of the application to a local authority mentioned in subsection (4), or (b) consulting an authority or body mentioned in section 16(5) about the proposed transfer, if it appears to the authorising authority that arrangements for the disposal of radioactive waste are unlikely to be changed, as a result of the transfer, in a way that would be of interest to that authority or body. (7) The authorising authority may grant the application if, and only if, it is satisfied— (a) that the transferee has or will have operational control over the disposals to which the transferred authorisation will relate; (b) that he is able and willing to ensure compliance with the limitations and conditions of the authorisation that he will hold if the application is granted; and (c) that no other grounds exist on which it would be reasonable to refuse to grant the application. (8) Where the authorising authority grants the application, it must— (a) fix the date from which the transfer applied for is to have effect; (b) furnish the transferee with a certificate containing all material particulars of the authorisation he holds as a result of the transfer; (c) in the case of a partial transfer, furnish the transferor with a similar certificate as respects the authorisation he holds as a result of the transfer; and (d) subject to directions under section 25, send a copy of the certificate furnished to the transferee, and of any certificate furnished to the transferor— (i) to every local authority in whose area radioactive waste may be disposed of under the authorisation to which the certificate relates; and (ii) to every person consulted about the transfer under so much of subsection (5) as requires consultation in accordance with section 16(5). (9) The time fixed as the time from which the transfer is to have effect must be not less than twenty-eight days after the day (if any) on which the authorising authority, when it fixes that time, expects copies of the certificates mentioned in paragraph (d) of subsection (8) to be sent out in accordance with that paragraph. (10) Subsection (9) does not apply if, in the opinion of the authorising authority, it is necessary for the transfer to have immediate effect or otherwise to be expedited. (11) In this section “authorising authority”— (a) in relation to an authorisation having effect in Great Britain, means the appropriate Agency; and (b) in relation to an authorisation having effect in Northern Ireland, means the chief inspector.

Applications for variation of authorisations

73

In section 17 of the 1993 Act (revocation and variation of authorisations), after subsection (2) insert—

(2ZA) The powers of the appropriate Agency and of the chief inspector under this section are exercisable with or without the making of an application by the person holding the authorisation. (2ZB) But where an application for the variation of an authorisation is made by that person, it must be accompanied— (a) in the case of an application made to the appropriate Agency, by the charge (if any) that is prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995; and (b) in the case of an application to the chief inspector, by the prescribed fee.

Periodic reviews of authorisations

74

After section 17 of the 1993 Act insert—

(17A) (1) The authorising authority— (a) must carry out periodic reviews of the limitations and conditions attached to each authorisation under section 13 or 14; and (b) may, at any other time, carry out any such additional review of the limitations and conditions attached to an authorisation under either of those sections as it thinks fit. (2) In this section— - “the authorising authority”— 1. in relation to an authorisation having effect in Great Britain, means the appropriate Agency; and 2. in relation to an authorisation having effect in Northern Ireland, means the chief inspector; - “periodic reviews”, in relation to an authorisation, means reviews at such regular intervals as the authorising authority thinks fit in the case of that authorisation.

Consequential amendments of the 1993 Act

75

Schedule 15 (which contains further amendments of the 1993 Act in connection with the provision made by sections 72 to 74) has effect.

Chapter 5 — Miscellaneous provisions relating to nuclear industry

Amendments for giving effect to international obligations

76

(1) The Secretary of State may by order make the modifications of the enactments to which this section applies that he considers appropriate for the purpose—

(a) of facilitating the ratification by Her Majesty’s Government in the United Kingdom of an international Protocol (whether entered into before or after the passing of this Act) that relates to liability for nuclear damage; or

(b) of exercising an option under such a Protocol, or of facilitating the exercise of such an option.

(2) The enactments to which this section applies are—

(a) the 1965 Act; and

(b) any other enactment having effect in relation to a matter to which such a Protocol relates.

(3) The following are the only international Protocols which are to be taken for the purposes of this section to be Protocols relating to liability for nuclear damage—

(a) the Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention of 21st September 1988; and

(b) any Protocol amending the Paris Convention or the Brussels Supplementary Convention.

(4) In this section—

“the Brussels Supplementary Convention” means the Supplementary Convention on Third Party Liability in the Field of Nuclear Energy of 31st January 1963; and

“the Paris Convention” means the Paris Convention on Third Party Liability in the Field of Nuclear Energy of 29th July 1960.

(5) The reference in subsection (1) to exercising an option under a Protocol is a reference to making provision the making of which, in connection with the matters to which the Protocol relates, is allowed by that Protocol.

(6) The power under this section to modify enactments includes power to modify enactments conferring power to make subordinate legislation.

(7) The power to make an order containing provision authorised by this section is subject to the affirmative resolution procedure.

Regulation of equipment, software and information

77

(1) Section 77 of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (regulation of security of civil nuclear industry) is amended as follows.

(2) In subsection (1) (matters about which security regulations may be made), after paragraph (c) insert—

(ca) equipment or software in the United Kingdom which— (i) is capable of being used in, or in connection with, the enrichment of uranium; and (ii) is in the possession or control of a person involved in uranium enrichment activities;

(3) For paragraph (d) of that subsection substitute—

(d) sensitive nuclear information which is in the possession or control in the United Kingdom of— (i) a person who is involved in activities on or in relation to a nuclear site or nuclear premises or who is proposing or likely to become so involved; (ii) a person involved in uranium enrichment activities; or (iii) a person who is storing, transporting or transmitting the information for or on behalf of a person falling within sub-paragraph (i) or (ii);

(4) After subsection (6) insert—

(6A) References in this section to a person involved in uranium enrichment activities are references to a person who is or is proposing to become involved in any of the following activities (whether in the United Kingdom or elsewhere)— (a) the enrichment of uranium; (b) activities carried on with a view to, or in connection with, the enrichment of uranium; (c) the production, storage, transport or transmission of equipment or software for or on behalf of persons involved in uranium enrichment activities; or (d) activities that make it reasonable to assume that he will become involved in something mentioned in paragraphs (a) to (c).

(5) In subsection (7) (interpretation of section)—

(a) after “this section—” insert—

“enrichment of uranium” means a treatment of uranium that increases the proportion of isotope 235 contained in the uranium; “equipment” includes equipment that has not been assembled and its components;

(b) in paragraph (a) of the definition of “sensitive nuclear information”, for the words from “any treatment” to “contained in the” substitute “ the enrichment of ”.

Application of the 1965 Act to Northern Ireland

78

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Section 27 of that Act (application of that Act to Northern Ireland) is amended as follows.

(3) For subsection (1) substitute—

(1) In the application of this Act to Northern Ireland— (a) a reference to the Minister shall be construed as a reference to the Secretary of State; (b) sections 3(1A) and (6A), 4(3A) and 5(1A) shall have effect as if— (i) for “appropriate Agency”, wherever occurring, there were substituted “ Department of the Environment in Northern Ireland ”; (ii) for “Great Britain”, wherever occurring, there were substituted “ Northern Ireland ”; (iii) for “Health and Safety Executive”, wherever occurring, there were substituted “ Minister ”; (c) section 3(3) shall have effect as if for paragraphs (b) and (c) there were substituted— (ca) the Fisheries Conservancy Board for Northern Ireland; and.

(4) Subsections (2) and (3) shall cease to have effect.

(5) In subsection (5), for paragraphs (a) to (c) substitute—

(a) by the Minister; or (b) by or with the consent of the Director of Public Prosecutions for Northern Ireland.

(6) Subsection (6) shall cease to have effect.

79

(1) There may be paid, out of money provided by Parliament, any expenditure incurred by the Secretary of State, with the consent of the Treasury, under or as a result of—

(a) any option under which he or his nominee may acquire an undertaking or property from a British Energy company; or

(b) any agreement entered into for the purpose of giving effect to the provisions of such an option, or of continuing or modifying their effect.

(2) In this section “British Energy company” has the same meaning as in section 1 of the Electricity (Miscellaneous Provisions) Act 2003 (c. 9).

Additional functions of UKAEA

80

(1) The functions of the UKAEA shall include—

(a) power to carry on such activities as they consider appropriate in connection with anything that the NDA has a responsibility for securing under this Part;

(b) power to enter into such arrangements with the NDA or any other person as they consider appropriate for that purpose; and

(c) power for that purpose to develop and commercially to exploit an expertise in relation to things in which the NDA requires an expertise for the purpose of carrying out its functions.

(2) In the case of responsibilities of the NDA in relation to an installation, site or facility it is immaterial for the purposes of subsection (1) that the UKAEA is not, for the purposes of Chapter 1 of this Part, the person with control of it.

(3) The functions of the UKAEA shall also include —

(a) power to manage and commercially to exploit any land or other property of theirs that is no longer required by them for or in connection with the carrying out of their other functions; and

(b) power to carry on a business of providing services for the administration of—

(i) nuclear pension schemes; and

(ii) such public service pension schemes as may be approved by the Secretary of State for the purposes of this subsection.

(4) The UKAEA has power, for the purpose of carrying out its functions (whether conferred by this section or otherwise) to do all such things as appear to them to be likely to facilitate the exercise or performance of their powers and duties, or to be incidental to doing so.

(5) The ways in which the UKAEA may carry out those functions include (by virtue of subsection (4)) carrying them out through subsidiaries and carrying them out in association with, or through arrangements with, other persons.

(6) Subsection (5) of section 7 (things in which the NDA requires an expertise) has effect for the purposes of this section as it has effect for the purposes of subsection (4) of that section.

(7) In this section—

“nuclear pension scheme” means a scheme that is a nuclear pension scheme for the purposes of Schedule 8; and

“public service pension scheme” means a public service pension scheme within the meaning of the Pension Schemes Act 1993 (c. 48) (see section 1) or the Pension Schemes (Northern Ireland) Act 1993 (c. 49) (see section 1).

Part 2 — Sustainability and Renewable Energy Sources

Chapter 1 — Sustainable energy

Reports under section 1 of Sustainable Energy Act 2003

81

(1) Section 1 of the Sustainable Energy Act 2003 (c. 30) (annual reports on progress towards sustainable energy aims) is amended as follows.

(2) After subsection (1) insert—

(1A) The report must include, in particular, all such information as the Secretary of State considers appropriate about— (a) things done during the reporting period for the purposes of the development or the bringing into use of any of the energy sources or technologies mentioned in subsection (1B); (b) things done during that period for the purpose of ensuring the maintenance of the scientific and engineering expertise available in the United Kingdom that is necessary for the development of potential energy sources (including sources of nuclear energy); and (c) things done during that period for the purpose of achieving the energy efficiency aims designated under sections 2 and 3. (1B) The energy sources and technologies referred to in subsection (1A)(a) are— (a) clean coal technology; (b) coal mine methane; (c) biomass; (d) biofuels; (e) fuel cells; (f) photovoltaics; (g) wave and tidal generation; (h) hydrogeneration; (i) microgeneration; (j) geothermal sources; and (k) other sources of energy, and technologies for the production of energy, the use of which would, in the opinion of the Secretary of State, cut the United Kingdom’s carbon emissions. (1C) The references in subsection (1A) to things done during the reporting period include references to proposals of the Secretary of State published during that period.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Microgeneration

82

(1) The Secretary of State—

(a) must prepare a strategy for the promotion of microgeneration in Great Britain; and

(b) may from time to time revise it.

(2) The Secretary of State—

(a) must publish the strategy within 18 months after the commencement of this section; and

(b) if he revises it, must publish the revised strategy.

(3) In preparing or revising the strategy, the Secretary of State must consider the contribution that is capable of being made by microgeneration to—

(a) cutting emissions of greenhouse gases in Great Britain;

(b) reducing the number of people living in fuel poverty in Great Britain;

(d) reducing the need for those systems to be modified;

(e) enhancing the availability of electricity and heat for consumers in Great Britain.

(4) Before preparing or revising the strategy, the Secretary of State must consult such persons appearing to him to represent the producers and suppliers of plant used for microgeneration, and such other persons, as he considers appropriate.

(5) The Secretary of State must take reasonable steps to secure the implementation of the strategy in the form in which it has most recently been published.

(6) For the purposes of this section “microgeneration” means the use for the generation of electricity or the production of heat of any plant—

(a) which in generating electricity or (as the case may be) producing heat, relies wholly or mainly on a source of energy or a technology mentioned in subsection (7); and

(b) the capacity of which to generate electricity or (as the case may be) to produce heat does not exceed the capacity mentioned in subsection (8).

(7) Those sources of energy and technologies are—

(a) biomass;

(b) biofuels;

(d) photovoltaics;

(e) water (including waves and tides);

(f) wind;

(g) solar power;

(h) geothermal sources;

(i) combined heat and power systems;

(j) other sources of energy and technologies for the generation of electricity or the production of heat, the use of which would, in the opinion of the Secretary of State, cut emissions of greenhouse gases in Great Britain.

(8) That capacity is—

(a) in relation to the generation of electricity, 50 kilowatts;

(b) in relation to the production of heat, 45 kilowatts thermal.

(9) In this section—

“consumers” includes both existing and future consumers;

“distribution system” and “transmission system” have the same meanings as in Part 1 of the 1989 Act;

“fuel poverty” has the same meaning as in section 1 of the Sustainable Energy Act 2003 (c. 30);

“greenhouse gases” means—carbon dioxide;methane;nitrous oxide;hydrofluorocarbons;perfluorocarbons;sulphur hexafluoride;

“plant” includes any equipment, apparatus or appliance.

Sustainable development

83

In each of section 4AA of the Gas Act 1986 (c. 44) and section 3A of the 1989 Act (the principal objective and general duties of the Secretary of State and the Authority), in subsection (5)—

(a) for the “and” at the end of paragraph (b) substitute—

(ba) to contribute to the achievement of sustainable development; and

;

(b) for “and shall” substitute “ and (so far as not otherwise required to do so by this subsection) shall ”.

Chapter 2 — Offshore production of energy

Renewable Energy Zones

Exploitation of areas outside the territorial sea for energy production

84

(1) The rights to which this section applies shall have effect as rights belonging to Her Majesty by virtue of this section.

(2) This section applies to the rights under Part V of the Convention that are exercisable by the United Kingdom in areas outside the territorial sea—

(a) with respect to the exploitation of those areas for the production of energy from water or winds;

(b) with respect to the exploration of such areas in that connection; or

(3) The other purposes so connected include, in particular, the transmission, distribution and supply of electricity generated in the course of such exploitation.

(4) The area within which the rights to which this section applies are exercisable (the “Renewable Energy Zone”)—

(a) is any area for the time being designated under section 41(3) of the Marine and Coastal Access Act 2009 (exclusive economic zone), but

(b) if Her Majesty by Order in Council declares that the Renewable Energy Zone extends to such other area as may be specified in the Order, is the area resulting from the Order.

(5) The Secretary of State may by order designate the whole or a part of a Renewable Energy Zone as an area in relation to which the Scottish Ministers are to have functions.

(6) Orders in Council under this section, and orders under subsection (5), are subject to the negative resolution procedure.

(7) In this section—

“the Convention” means the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941) and any modifications of that Convention agreed after the passing of this Act that have entered into force in relation to the United Kingdom;

“exploration” includes the doing of anything (whether by way of investigations, trials or feasibility studies or otherwise) with a view to ascertaining whether the exploitation of an area is, in a particular case, practicable or commercially viable, or both.

Application of criminal law to renewable energy installations etc.

85

(1) Her Majesty may by Order in Council provide that acts and omissions which—

(a) fall within subsection (2), and

(b) would, if they took place in a part of the United Kingdom, constitute an offence under the law in force in that part,

are to be treated for the purposes of that law as taking place in that part.

(2) An act or omission falls within this subsection if it takes place on, under or above—

(a) a renewable energy installation situated in waters to which this section applies; or

(b) waters to which this section applies that are within a safety zone.

(3) Her Majesty may by Order in Council provide that a constable is to have—

(a) on, under and above a renewable energy installation situated in waters to which this section applies, and

(b) on, under and above any waters to which this section applies that are within a safety zone,

all the powers and privileges that he has in the area of the force of which he is a member.

(4) Subsection (3) is in addition to any other enactment or any rule of law or subordinate legislation conferring a power or privilege on constables; and this section is to be disregarded in determining the extent of those other powers and privileges.

(5) The waters to which this section applies are—

(a) tidal waters and parts of the sea in or adjacent to Great Britain up to the seaward limits of the territorial sea; and

(b) waters in a Renewable Energy Zone.

(6) Proceedings for anything that is an offence by virtue only of an Order in Council under this section may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.

(7) In this section “subordinate legislation” includes an instrument made under an Act of the Scottish Parliament.

Prosecutions

86

(1) Subject to subsection (2), this section applies to an offence alleged to have been committed on, under or above—

(a) a renewable energy installation situated in waters to which section 85 applies; or

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