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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

(2) The 1992 Act is to have effect as if the transferee (and not the transferor) were the original creditor for those purposes.

Capital allowances: transfer of plant or machinery

21

(1) This paragraph applies where—

(a) property transferred by a transfer to which this Part of this Schedule applies includes plant or machinery; and

(b) Chapter 1 of Part 22 of the Corporation Tax Act 2010 does not apply in relation to the transfer of the plant or machinery.

(2) For the purposes of Part 2 of the 2001 Act (capital allowances for plant and machinery), the transferee is to be treated—

(a) as having incurred capital expenditure on the provision of the plant or machinery at the time of the transfer; and

(b) as having owned the plant or machinery as a result of having incurred that expenditure.

(3) The amount of that expenditure is to be treated as being the book value of the plant or machinery.

(4) For the purposes of the application of section 61 of that Act in relation to the transferor the disposal value of the plant or machinery is to be treated as being the book value of the plant or machinery.

(5) The references in this paragraph to the book value of the plant or machinery are references to the amount which, in accordance with generally accepted accounting practice (within the meaning of the Tax Acts)—

(a) was recognised as its value in the accounts of the transferor at the time of the transfer; or

(b) should have been so recognised at that time.

(6) Expressions used in this paragraph and in Part 2 of the 2001 Act have the same meanings in this paragraph as in that Part.

Capital allowances: transfer not to be transaction between connected persons

22

For the purposes of Part 2 of the 2001 Act references in that Part to a transaction (however described) between connected persons (within the meaning of section 1122 of the Corporation Tax Act 2010) are not to include references to a transfer to which this Part of this Schedule applies.

Continuity in relation to loan relationships

23

(1) This paragraph applies if, in consequence of a transfer to which this Part of this Schedule applies, the transferee replaces a person as a party to a loan relationship.

(2) Part 5 of the Corporation Tax Act 2009 is to have effect in relation to the time when the transfer takes effect and any later time as if—

(a) the transferee had been a party to the loan relationship at the time when the transferor became a party to it and at all times since that time; and

(b) the loan relationship to which the transferee is a party after the time when the transfer takes effect is the same loan relationship as that to which, by virtue of paragraph (a), it is treated as having been a party before that time.

(3) Expressions used in this paragraph and in Part 5 of the Corporation Tax Act 2009 have the same meanings in this paragraph as in that Part.

Continuity in relation to derivative contracts

24

(1) This paragraph applies if, in consequence of a transfer to which this Part of this Schedule applies, the transferee replaces a person as a party to a derivative contract.

(2) Part 7 of the Corporation Tax Act 2009 is to have effect in relation to the time when the transfer takes effect and any later time as if—

(a) the transferee had been a party to the derivative contract at the time when the transferor became a party to it and at all times since that time; and

(b) the derivative contract to which the transferee is a party after the time when the transfer takes effect is the same derivative contract as that to which, by virtue of paragraph (a), it is treated as having been a party before that time.

(3) Expressions used in this paragraph and in Part 7 of the Corporation Tax Act 2009 have the same meanings in this paragraph as in that Part.

Continuity in relation to transfer of intangible assets

25

(1) Where—

(a) property is transferred by a transfer to which this Part of this Schedule applies, and

(b) the property transferred includes a chargeable intangible asset of the transferor,

the transfer of that asset is to be treated for the purposes of Schedule 29 to the Finance Act 2002 as a tax neutral transfer.

(2) Where, in the case of a transfer of property by a transfer to which this Part of this Schedule applies—

(a) the property transferred includes an asset which is not a chargeable intangible asset of the transferor, but

(b) that asset falls to be treated after the transfer as a chargeable intangible asset of the transferee,

that asset shall be treated as acquired by the transferee for an amount equal to the amount of the consideration determined for the purposes of paragraph 18(2) of this Schedule.

(3) Expressions used in this paragraph and in Schedule 29 to the Finance Act 2002 have the same meanings in this paragraph as in that Schedule.

Chargeable intangible assets: degrouping charges

26

(1) This paragraph applies if a company (“the degrouped company”)—

(a) acquired an intangible fixed asset from another company at a time when both were members of the same group of companies (“the old group”); and

(b) ceases by virtue of a transfer to which this Part of this Schedule applies to be a member of the old group.

(2) Paragraph 58 of Schedule 29 to the Finance Act 2002 (c. 23) (company ceasing to be member of group) is not to treat the degrouped company as having, by virtue of the transfer, sold and immediately reacquired the asset.

(3) Where sub-paragraph (2) has applied to an asset, paragraph 58 of Schedule 29 to the Finance Act 2002 is to have effect on and after the first subsequent occasion on which the degrouped company ceases to be a member of a group of companies (“the new group”) as if—

(a) the degrouped company, and

(b) the company from which it acquired the asset,

had been members of the new group at the time of acquisition.

(4) Expressions used in this paragraph and in paragraph 58 of Schedule 29 to the Finance Act 2002 have the same meanings in this paragraph as in that paragraph.

Computation of profits and losses: transfer of trade

27

(1) This paragraph applies where, in consequence of a section 39 scheme—

(a) a BNFL company ceases to carry on a trade or a part of a trade; and

(b) a publicly owned company that is not a subsidiary of the NDA (the “transferee company”) begins to carry on the trade or that part.

(2) For the purpose of computing, in relation to the time when the scheme comes into force and subsequent times, the relevant trading profits or losses of the BNFL company and the transferee company—

(a) the trade or part is to be treated as having been a separate trade at the time of its commencement and as having been carried on by the transferee company at all times since its commencement as a separate trade; and

(b) the trade carried on by the transferee company after the time when the section 39 scheme comes into force is to be treated as the same trade as that which it is treated, by virtue of paragraph (a), as having carried on as a separate trade before that time.

(3) This paragraph is subject to paragraph 23.

(4) In this paragraph—

“BNFL company” means BNFL or a wholly-owned subsidiary of BNFL; and

“relevant trading profits and losses” means profits or losses under Part 3 of the Corporation Tax Act 2009 in respect of the trade or part of a trade in question for periods in which the trade was carried on wholly or partly in the United Kingdom.

Part 3 — Transfers relating to relevant site licensees

28

(1) This paragraph applies where, in consequence of a nuclear transfer scheme, a subsidiary of the NDA becomes a relevant site licensee.

(2) For the purposes of the application of the enactments mentioned in sub-paragraph (3) to the assets of the company which has become a relevant site licensee, that company shall be treated as continuing, for so long as it is a relevant site licensee, to be a member of the group of companies of which it was a member immediately before the scheme took effect.

(3) Those enactments are—

(a) the 1992 Act;

(b) Schedule 29 to the Finance Act 2002 (c. 23);

(4) The reference in sub-paragraph (2) to the group of companies of which a company was a member is to be construed—

(a) in relation to the 1992 Act in accordance with the provisions of section 170 of that Act; and

(b) in relation to Schedule 29 to the Finance Act 2002, in accordance with Part 8 of that Schedule.

29

(1) This paragraph applies where—

(a) as a consequence of a transfer in accordance with a nuclear transfer scheme of securities of a subsidiary of the NDA, that subsidiary becomes a relevant site licensee;

(b) as a consequence of a transfer to the NDA or to a subsidiary of the NDA in accordance with such a scheme of securities of a company, that company ceases to be a relevant site licensee; or

(c) there is a transfer in accordance with such a scheme of securities of a company that is a relevant site licensee from one person to another person for purposes connected with securing that the condition in section 27(5)(c) continues to be satisfied in relation to the company.

(2) For the purposes of the 1992 Act, the securities shall be treated as disposed of to the transferee for a consideration of such amount as would secure that, on the disposal, neither a gain nor a loss accrues to the transferor.

30

In this Part of this Schedule “relevant site licensee” has the same meaning as in subsection (4) of section 27 (see subsection (5)).

Part 4 — Transfer of Nuclear Liabilities Investment Portfolio

Application of Part 4 of Schedule

31

This Part of this Schedule applies to a transfer to the Secretary of State in accordance with a nuclear transfer scheme containing provision authorised by section 42 of this Act.

Chargeable gains: assets to be treated as disposed without a gain or a loss

32

(1) This paragraph applies for the purposes of the 1992 Act where an asset is transferred by a transfer to which this Part of this Schedule applies.

(2) The asset shall be treated as disposed of to the Secretary of State for a consideration of such amount as would secure that, on the disposal, neither a gain nor a loss accrues to BNFL.

Neutral effect of transfer for loan relationships and derivative contracts

33

No credit or debit shall be required or allowed, in respect of a transfer to which this Part of this Schedule applies, to be brought into account in BNFL’s case—

(a) for the purposes of Part 5 of the Corporation Tax Act 2009 (loan relationships); or

(b) for the purposes of Part 7 of the Corporation Tax Act 2009.

Part 5 — Stamp duty etc.

34

(1) Stamp duty is not to be chargeable—

(a) on a nuclear transfer scheme, or

(b) on an instrument certified by the Secretary of State to the Commissioners of Inland Revenue as made for the purposes of such a scheme, or as made for purposes connected with such a scheme,

except to the extent that the scheme or instrument includes provision in relation to private transfers.

(2) But where, by virtue of sub-paragraph (1), stamp duty is not chargeable at all, or is chargeable only to a reduced extent, on a nuclear transfer scheme or instrument, the scheme or instrument is to be treated as duly stamped only if—

(a) in accordance with section 12 of the Stamp Act 1891 (c. 39) it has been stamped with a stamp denoting either that it is not chargeable to duty or that it has been duly stamped; or

(b) it is stamped with the duty to which it would be chargeable apart from sub-paragraph (1).

(3) An agreement which is made for the purposes of a nuclear transfer scheme or purposes connected with such a scheme is not to give rise to stamp duty reserve tax except to the extent that the agreement relates to private transfers.

(4) In this paragraph—

“instrument” has the same meaning as in the Stamp Act 1891;

“private transfer” means—a transfer of any property, right or liability to a person other than the Secretary of State, the NDA or a publicly owned company; orthe creation of an interest or right in favour of a person other than the Secretary of State, the NDA or a publicly owned company.

Part 6 — Supplemental provisions of Schedule

Groups of companies

35

References to a company in the following enactments shall apply to the NDA—

(a) sections 170 to 181 of the 1992 Act;

(b) Part 8 of Schedule 29 to the Finance Act 2002 (c. 23).

Consequential amendment

36

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

Interpretation of Schedule

37

(1) In this Schedule—

“the 1992 Act” means the Taxation of Chargeable Gains Act 1992 (c. 12);

“the 2001 Act” means the Capital Allowances Act 2001 (c. 2);

“exempt activities” has the same meaning as in section 27 of this Act;

“NDA company” has the same meaning as in section 27 of this Act;

“the Nuclear Liabilities Investment Portfolio” means property and rights to which BNFL is entitled and which appear to the Board, 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 Part 1 of this Act;

“section 39 scheme” means a nuclear transfer scheme authorised by section 39 of this Act;

“section 40 scheme” means a nuclear transfer scheme authorised by section 40 of this Act;

“transferee”, in relation to a transfer in accordance with a nuclear transfer scheme, means the person to whom the transfer is made;

“transferor”, in relation to a transfer in accordance with a nuclear transfer scheme, means the person from whom the transfer is made;

“the Taxes Act” means the Income and Corporation Taxes Act 1988 (c. 1).

(2) Before determining for the purposes of this Schedule whether an asset was comprised at a particular time in the Nuclear Liabilities Investment Portfolio, the Board must consult the Secretary of State.

(3) So far as it relates to corporation tax this Schedule is to be construed as one with the Corporation Tax Acts.

(4) So far as it relates to capital allowances this Schedule is to be construed as one with the 2001 Act.

SCHEDULE 10

Part 1 — Membership

Appointment

1

(1) The Police Authority shall consist of not fewer than seven and not more than thirteen members.

(2) The members of the Police Authority are to be appointed by the Secretary of State.

(3) The Secretary of State must appoint one of the members of the Police Authority to be its chairman.

Terms of appointment

2

(1) Subject to what follows, each member of the Police Authority is to hold and vacate office as chairman, or otherwise as a member, in accordance with the terms of his appointment.

(2) Each appointment must state the period for which it is made.

(3) That period must not exceed five years; but a person is eligible for re-appointment as chairman, or otherwise as a member of the Police Authority, (on any number of occasions) from the end of a term of office.

(4) A member of the Police Authority may at any time resign his office as the chairman or as a member of the Police Authority (or both) by giving notice to the Secretary of State.

(5) If the Secretary of State is satisfied that sub-paragraph (6) applies to the chairman or another member of the Police Authority, the Secretary of State may, by giving him notice to that effect, remove him from office.

(6) This sub-paragraph applies to a person if—

(a) he is an undischarged bankrupt or has had his estate sequestrated without being discharged or a moratorium period under a debt relief order applies in relation to him (under Part 7A of the Insolvency Act 1986);

(b) he is subject to a bankruptcy restrictions order or an interim bankruptcy restrictions order or a debt relief restrictions order or an interim debt relief restrictions order (under Schedule 4ZB of the Insolvency Act 1986);

(c) he has made an arrangement with his creditors, or has entered into a trust deed for creditors, or has made a composition contract with his creditors;

(d) he has been convicted of an offence;

(e) he has been absent, on at least three consecutive occasions and without the consent of the Police Authority, from meetings of that Authority; or

(f) he is for any other reason incapable of carrying out, or unfit to carry out, the functions of his office.

(7) Oral notice is not effective for the purposes of sub-paragraph (4) or (5).

Remuneration

3

The Police Authority may pay to each of its members such remuneration and allowances as the Secretary of State may determine.

Part 2 — Proceedings

Police Authority to regulate procedure

4

(1) The Police Authority may make such arrangements as it thinks fit for regulating its proceedings.

(2) Those arrangements may include—

(a) arrangements for quorums and the making of decisions by a majority;

(b) the establishment of committees and the regulation of their proceedings;

(3) The membership of a committee established by the Police Authority may include employees of that Authority and persons who are neither members nor employees of that Authority.

Validity etc.

5

The validity of proceedings of the Police Authority shall not be affected by—

(a) a failure by the Secretary of State to comply with paragraph 1; or

(b) any other defect in the appointment of a member of the Police Authority.

Part 3 — Employees

Employees of the Police Authority

6

(1) The Police Authority may employ such persons as it may determine.

(2) Those persons are to be employed by the Police Authority on such terms and conditions, including terms and conditions as to remuneration, as the Police Authority determines.

(3) The Police Authority may—

(a) pay to or in respect of its employees such pensions, allowances or gratuities, or

(b) with the approval of the Secretary of State, provide and maintain for them such pension schemes (whether contributory or not),

as it determines.

(4) This paragraph is subject to section 58 and any direction to the Police Authority under Schedule 13.

UKAEA pensions for employees of the Police Authority

7

(1) A pension scheme maintained by the UKAEA under paragraph 7(2)(b) of Schedule 1 to the Atomic Energy Authority Act 1954 (c. 32) (“a UKAEA pension scheme”) may apply to employees of the Police Authority as it applies to persons to whom it applies apart from this paragraph.

(2) The Secretary of State may, by direction, require the UKAEA to make such modifications of a UKAEA pension scheme as the Secretary of State considers appropriate in respect of the participation of persons in such a scheme by virtue of this paragraph.

(3) A direction under sub-paragraph (2) may also require the UKAEA to make such supplemental, consequential and transitional provision modifying a UKAEA pension scheme as the Secretary of State considers appropriate.

(4) Before giving a direction under this paragraph, the Secretary of State must consult—

(a) the UKAEA;

(b) the Police Authority;

(d) such persons as appear to him to represent the employees likely to be affected by the direction.

(5) The power of the Secretary of State to give directions under this paragraph—

(a) is in addition to the powers of the Secretary of State to give directions to the UKAEA under paragraphs 5 and 6 of Schedule 8 to this Act or section 3 of the Atomic Energy Authority Act 1954; and

(b) is to be disregarded in construing those powers.

(6) The Police Authority must pay such amounts to the UKAEA in respect of the participation of persons in a pension scheme by virtue of this paragraph as are—

(a) agreed between the Police Authority and the UKAEA; or

(b) in the absence of such agreement, determined by the Secretary of State.

(7) References in this paragraph to the modification of a UKAEA pension scheme include references to the modification of any one or more of the following—

(a) the trust deed of the scheme, if there is one;

(b) rules of the scheme; or

Part 4 — Finances

Borrowing by the Police Authority

8

(1) The Police Authority may borrow money, but only in accordance with this paragraph.

(2) The approval of the Treasury is required for borrowing by the Police Authority.

(3) The Police Authority may borrow from the Secretary of State such sums in sterling as it may require for meeting its obligations and for carrying out its functions.

(4) The Police Authority may, with the consent of the Secretary of State, borrow temporarily by way of overdraft from persons other than the Secretary of State such sums in sterling as it may require for meeting its obligations and for carrying out its functions.

(5) The Police Authority must not borrow if the effect would be—

(a) to take the aggregate amount outstanding in respect of the principal of sums it has borrowed over its borrowing limit; or

(b) to increase the amount by which the aggregate amount so outstanding exceeds that limit.

(6) The Police Authority’s borrowing limit is £30 million.

(7) The Secretary of State may by order vary the Police Authority’s borrowing limit.

(8) The approval of the Treasury is required for the making of an order under sub-paragraph (7).

(9) An order under sub-paragraph (7) is subject to the negative resolution procedure.

Guarantees for borrowing by the Police Authority

9

(1) The Secretary of State may guarantee—

(a) the repayment of the principal of any sum borrowed by the Police Authority;

(b) the payment of interest on such a sum; and

(c) the discharge of any other financial obligation of the Police Authority in connection with the borrowing of such a sum.

(2) The Secretary of State may give a guarantee under this paragraph in such manner, and on such terms, as he thinks fit.

(3) As soon as practicable after giving a guarantee under this paragraph, the Secretary of State must lay a statement of the guarantee before Parliament.

(4) If sums are paid out by the Secretary of State under a guarantee given under this paragraph, the Police Authority must pay him—

(a) such amounts in or towards the repayment to him of those sums as he may direct; and

(b) interest, at such rates as he may direct, on amounts outstanding under this sub-paragraph.

(5) Payments to the Secretary of State under sub-paragraph (4) must be made at such times, and in such manner, as he may from time to time direct.

(6) Where a sum has been paid out by the Secretary of State under a guarantee given under this paragraph, he must lay a statement relating to that sum before Parliament—

(a) as soon as practicable after the end of the financial year in which that sum is paid out; and

(b) as soon as practicable after the end of each subsequent relevant financial year.

(7) In relation to a sum paid out under a guarantee, a financial year is a relevant financial year for the purposes of sub-paragraph (6) unless—

(a) before the beginning of that year, the whole of that sum has been repaid to the Secretary of State under sub-paragraph (4); and

(b) the Police Authority is not at any time during that year subject to a liability to pay interest on amounts that became due under that sub-paragraph in respect of that sum.

(8) The consent of the Treasury is required—

(a) for the giving of a guarantee under this paragraph; and

(b) for the giving of a direction under sub-paragraph (4) or (5).

Grants and loans to the Police Authority

10

(1) The Secretary of State may—

(a) make payments by way of grant to the Police Authority; and

(b) also make payments to it by way of loan.

(2) The Secretary of State may make any grants made by him to the Police Authority subject to such conditions as he thinks fit.

(3) Loans made by the Secretary of State to the Police Authority shall be on such terms, as to repayment and interest and other matters, as the Secretary of State may determine.

Financial duties

11

(1) The Secretary of State may determine the financial duties of the Police Authority.

(2) Before determining any financial duties under this paragraph, the Secretary of State must consult the Police Authority.

(3) The approval of the Treasury is required for a determination by the Secretary of State of the Police Authority’s financial duties.

(4) A determination by the Secretary of State of the Police Authority’s financial duties may—

(a) relate to a period beginning before, on or after the date on which it is made;

(b) contain supplemental provisions; and

(5) The Secretary of State may make different determinations for different functions and activities of the Police Authority.

(6) The Secretary of State must give the Police Authority notice of every determination by him of its financial duties.

Accounts and audit

12

(1) The Police Authority must—

(a) keep proper accounts and proper accounting records; and

(b) prepare, in respect of each of its accounting years, a statement of its accounts.

(2) A statement of accounts prepared under this paragraph must give a true and fair view of—

(a) the income and expenditure of the Police Authority for the accounting year in question; and

(b) its state of affairs.

(3) Such a statement of accounts must comply with every requirement which has been notified by the Secretary of State to the Police Authority.

(4) Those requirements may include, in particular, requirements relating to—

(a) the information to be contained in the statement;

(b) the manner in which that information is to be presented;

(5) The approval of the Treasury is required for the imposition of a requirement under sub-paragraph (3).

(6) The accounts of the Police Authority relating to each of its accounting years, including the statement of accounts prepared for the year under this paragraph, must be audited by the Comptroller and Auditor General.

(7) The Comptroller and Auditor General must send a copy of his report on what he is required to audit to the Police Authority.

(8) The Police Authority must send to the Secretary of State, in respect of each of its accounting years—

(a) a copy of the accounts for that year that are required to be audited under this paragraph; and

(b) a copy of the Comptroller and Auditor General’s report on those accounts.

(9) The Secretary of State must lay a copy of whatever is sent to him under sub-paragraph (8) before Parliament.

(10) In this paragraph—

“accounting records” includes all books, papers and other records of the Police Authority relating to—the accounts which it is required to keep; ormatters dealt with in those accounts;

“accounting year”, in relation to the Police Authority, means—the Police Authority’s first accounting year; ora financial year after the end of the Police Authority’s first accounting year;

“the Police Authority’s first accounting year” means—where the Police Authority is established at the beginning of a financial year, that financial year; andin any other case, the period which begins with the day on which the Police Authority is established and ends—if no direction is given under sub-paragraph (ii), with 31st March in the financial year current on that day; andif the Secretary of State so directs, with 31st March at the end of the following financial year.

Receipts and surpluses

13

(1) The Secretary of State may give a direction requiring the Police Authority to pay to him an amount equal to—

(a) the whole or part of a sum which it has received (otherwise than from the Secretary of State); or

(b) the whole or part of any surplus which it has for a financial year.

(2) For the purposes of this paragraph, the Police Authority has a surplus for a financial year if its revenues for that year exceed the sums which it requires for carrying out its functions in that year.

(3) Before giving a direction under this paragraph, the Secretary of State must consult—

(a) the Police Authority; and

(b) the Treasury.

Destination of receipts

14

The Secretary of State must pay sums received by him under paragraph 9, 10 or 13 into the Consolidated Fund.

Part 5 — Miscellaneous

Authentication of Police Authority’s seal

15

(1) The application of the seal of the Police Authority is to be authenticated by the signature of—

(a) a member of the Police Authority; or

(b) any other person who has been authorised by it (whether generally or specifically) for the purpose.

(2) A document purporting to be—

(a) duly executed under the Police Authority’s seal, or

(b) signed on behalf of the Police Authority,

may be received in evidence and, except so far as the contrary is shown, is to be taken to be duly so executed or signed.

(3) This paragraph does not extend to Scotland.

Status

16

(1) The Police Authority is not to be regarded—

(a) as the servant or agent of the Crown; or

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

(2) The Police Authority’s property is not to be regarded as property of the Crown, or as held on behalf of the Crown.

Disqualification for House of Commons

17

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (bodies of which all members are disqualified), at the appropriate place, insert— “ The Civil Nuclear Police Authority ”.

Freedom of information

18

In Part 5 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (police bodies to be public authorities for the purposes of that Act), after paragraph 63 insert—

(63A) The Civil Nuclear Police Authority. (63B) The chief constable of the Civil Nuclear Constabulary.

SCHEDULE 11

Removal of senior officers by Police Authority

1

(1) The Police Authority may call on a senior officer, in the interests of efficiency or effectiveness, to retire or to resign.

(2) The approval of the Secretary of State is required before the Police Authority may call on a senior officer to retire or to resign.

(3) Before seeking the approval of the Secretary of State, the Police Authority must—

(a) give the senior officer a notice of its intention to call on him to retire or to resign and an explanation of its grounds for doing so;

(b) give the senior officer an opportunity of making representations, including an opportunity of making representations in person; and

(4) A senior officer who is called on to retire or to resign must retire or resign with effect from—

(a) such date as the Police Authority may specify; or

(b) such earlier date as may be agreed between him and the Police Authority.

(5) Oral notice is not effective for the purposes of sub-paragraph (3).

Power of Secretary of State to require removal of chief constable

2

(1) The Secretary of State may require the Police Authority to exercise its power under paragraph 1 to call on the chief constable to retire or to resign.

(2) Before requiring the Police Authority to exercise that power, the Secretary of State must—

(a) give the chief constable a notice of his intention to require the Police Authority to exercise that power and an explanation of his grounds for doing so;

(b) give the chief constable an opportunity of making representations, including an opportunity of making representations in person; and

(3) Where the Secretary of State gives a notice under sub-paragraph (2), he must send a copy of the notice to the Police Authority.

(4) The Secretary of State must not exercise his power under sub-paragraph (1) unless he has—

(a) appointed one or more persons to hold an inquiry and to report to him; and

(b) considered the report made to him.

(5) At least one of the persons appointed under sub-paragraph (4)(a) must be a person who is not any of the following—

(a) a constable;

(b) an employee of the Police Authority;

(6) At an inquiry held under sub-paragraph (4)—

(a) the chief constable, and

(b) the Police Authority,

must each be given an opportunity of making representations, including (in the case of the chief constable) an opportunity of making representations in person.

(7) The Police Authority must pay the costs reasonably incurred by the chief constable in respect of an inquiry under this paragraph.

(8) The amount of those costs is to be assessed in such manner as the Secretary of State may direct.

(9) If the Secretary of State exercises his power under sub-paragraph (1) in relation to the chief constable, the Police Authority—

(a) must call on him to retire or to resign; and

(b) is not required to comply with paragraph 1(3) before doing so.

(10) Oral notice is not effective for the purposes of sub-paragraph (2).

Suspension of senior officers by Police Authority pending removal

3

(1) This paragraph applies where—

(a) the Police Authority has notified a senior officer that it intends to exercise its power under paragraph 1 to call on him to retire or to resign;

(b) the Secretary of State has notified the chief constable under paragraph 2 that he intends to require the Police Authority to exercise that power in his case; or

(c) the Police Authority has exercised its power under paragraph 1 in the case of a senior officer, or has been required to do so under paragraph 2, but the senior officer has not yet retired or resigned.

(2) The Police Authority may suspend the senior officer from duty.

(3) But this power is to be exercisable only where the Police Authority considers that it is necessary to exercise it in order to maintain public confidence in the Constabulary.

(4) The approval of the Secretary of State is required for a suspension under this paragraph.

Power of Secretary of State to require suspension of chief constable

4

(1) This paragraph applies where—

(a) the Police Authority has notified the chief constable that it intends to exercise its power under paragraph 1 to call on him to retire or to resign;

(b) the Secretary of State has notified the chief constable under paragraph 2 that he intends to require the Police Authority to exercise that power in his case; or

(c) the Police Authority has exercised that power, or has been required to do so under paragraph 2, but the chief constable has not yet retired or resigned.

(2) The Secretary of State may require the Police Authority to suspend the chief constable from duty.

(3) But this power is to be exercisable only where the Secretary of State considers that it is necessary to exercise it in order to maintain public confidence in the Constabulary.

(4) The Police Authority must comply with a requirement under this paragraph to suspend the chief constable from duty.

(5) Paragraph 3(3) and (4) do not apply to the suspension of the chief constable in pursuance of a requirement under this paragraph.

SCHEDULE 12

Part 1 — Planning

Determination of annual objectives for Constabulary

1

(1) Before the beginning of each financial year, the Police Authority must determine objectives for policing by the Constabulary during that year.

(2) The objectives must—

(a) incorporate every objective relating to policing imposed by directions under paragraph 1 of Schedule 13; and

(b) otherwise be consistent with the directions given by the Secretary of State to the Police Authority under this Chapter.

(3) In determining the objectives, the Police Authority must have regard to any strategic priorities determined for that year by the Secretary of State under section 37A of the Police Act 1996 (strategic priorities for police authorities).

(4) Before determining the objectives, the Police Authority must consult the chief constable.

Annual policing plan

2

(1) Before the beginning of each financial year, the Police Authority must issue a plan setting out the proposed arrangements for policing by the Constabulary during the year (the “annual policing plan”).

(2) The annual policing plan must include a statement of—

(a) the objectives determined for the year under paragraph 1;

(b) the Police Authority’s priorities for the year;

(d) the financial resources expected to be available and the proposed allocation of those resources.

(3) The annual policing plan for a financial year must be consistent with the three-year strategy plan ... issued or proposed to be issued under paragraph 3 for a period that includes that financial year.

(4) Before an annual policing plan for a financial year is issued, a draft of a plan for that year must have been—

(a) prepared by the chief constable; and

(b) submitted by him to the Police Authority for its consideration.

(5) Before the Police Authority issues an annual policing plan which differs from the draft submitted by the chief constable, it must consult him.

(6) The Police Authority must—

(a) arrange for every annual policing plan to be published in such manner as appears to it to be appropriate; and

(b) send a copy of every annual policing plan to the Secretary of State.

Three-year strategy plan

3

(1) Before the beginning of each three-year period, the Police Authority must issue a plan setting out the Police Authority’s medium and long term strategies for policing by the Constabulary during that period (the “three-year strategy plan”).

(2) Before a three year strategy plan for any period is issued, a draft of a plan for that period must have been—

(a) prepared by the chief constable; and

(b) submitted by him to the Police Authority for its consideration.

(3) Before the Police Authority issues a three-year strategy plan which differs from the draft submitted by the chief constable, it must consult him.

(4) The Police Authority must—

(a) arrange for every three-year strategy plan to be published in such manner as appears to it to be appropriate; and

(b) send a copy of every three-year strategy plan to the Secretary of State.

(5) In sub-paragraph (1), “three-year period” means—

(a) the period of three successive financial years beginning with 1 April 2024, and

(b) each subsequent period of three successive financial years.

Initial objectives and plans

4

The first objectives that are required to be determined under paragraph 1, and the first plans or draft plans to be issued or prepared under paragraphs 2 and 3, must be determined, issued or prepared as if the references in this Part of this Schedule to a financial year were references to such period ending—

(a) not more than two years after the commencement of this Part of this Schedule, and

(b) with a 31st March,

as may be notified to the Police Authority by the Secretary of State.

Part 2 — Reports

Annual report by chief constable

5

The chief constable must, as soon as possible after the end of each reporting year—

(a) submit to the Police Authority a report on the policing carried out by the Constabulary during that year; and

(b) arrange for the report to be published in such manner as appears to him to be appropriate.

Power of Police Authority to require reports

6

(1) Whenever he is required to do so by the Police Authority, the chief constable must submit to it a report—

(a) on such matters connected with policing by the Constabulary, and

(b) in such form,

as it may specify.

(2) The Police Authority may—

(a) arrange for a report submitted to it under this paragraph to be published in such manner as appears to it to be appropriate; or

(b) require the chief constable to arrange for it to be published in that manner.

(3) If it appears to the chief constable that a report required from him under this paragraph would contain—

(a) information which, in the public interest, ought not to be disclosed, or

(b) information which is not needed by the Police Authority for the carrying out of its functions,

he may request the Police Authority to refer its requirement for a report to the Secretary of State.

(4) Where a request is made under sub-paragraph (3), the requirement for the report has effect only to the extent that it is confirmed by the Secretary of State.

Annual report by Police Authority

7

(1) As soon as possible after the end of each reporting year, the Police Authority must issue a report relating to the policing carried out by the Constabulary during that year (an “annual report”).

(2) The annual report must include an assessment of the extent to which, during that year, proposals have been implemented and things have been done in accordance with—

(a) the three-year strategy plan ... for a period in which that year ends; and

(b) the annual policing plan issued—

(i) in the case of the first annual report, for every financial year the whole or a part of which is included in the reporting year; and

(ii) in any other case, for the financial year that coincides with the reporting year.

(3) The Police Authority must send a copy of each annual report to the Secretary of State.

(4) Where the Secretary of State receives a copy of the Police Authority’s annual report for any year, he must—

(a) lay it before Parliament; and

(b) arrange for it to be published in such manner as appears to him to be appropriate.

Power of Secretary of State to require reports

8

(1) The Secretary of State may at any time require the Police Authority to submit to him a report on such matters connected with—

(a) the carrying out of its functions, or

(b) policing by the Constabulary,

as he may specify.

(2) The Secretary of State may at any time require the chief constable to submit to him a report on such matters connected with policing by the Constabulary as the Secretary of State may specify.

(3) If the Secretary of State specifies a particular form for a report under this paragraph, the report must be submitted in that form.

(4) Where a report is submitted to the Secretary of State under this paragraph, he may—

(a) arrange for it to be published in such manner as appears to him to be appropriate; or

(b) require the person submitting the report to arrange for it to be published in that manner.

Meaning of “reporting year”

9

(1) In this Part of this Schedule “reporting year”, in relation to the Police Authority or the chief constable, means—

(a) the initial reporting year; or

(b) a financial year after the end of the initial reporting year.

(2) In this paragraph “the initial reporting year” means—

(a) where the Police Authority is established at the beginning of a financial year, that financial year; and

(b) in any other case, the period which begins with the day on which the Police Authority is established and ends—

(i) if no direction is given under sub-paragraph (ii), with 31st March in the financial year current on that day; and

(ii) if the Secretary of State so directs, with 31st March at the end of the following financial year.

SCHEDULE 13

Objectives

1

(1) The Secretary of State may give directions to the Police Authority setting out objectives for that Authority for a financial year.

(2) The objectives may include—

(a) objectives to be met generally in the carrying out by the Police Authority of its functions;

(b) objectives to be met in the carrying out by the Police Authority of particular functions, or in its carrying out of functions, or particular functions, at particular times or places;

(d) objectives to be met in securing proper accountability by the Police Authority for its own activities and for those of the Constabulary.

(3) Before giving a direction under this paragraph, the Secretary of State must consult—

(a) the Police Authority; and

(b) the chief constable.

Directions with respect to the Constabulary

2

(1) The Secretary of State may give directions to the Police Authority requiring it to secure—

(a) that such tasks are performed by members of the Constabulary as are set out in the direction, or as are determined under it;

(b) that the tasks so set out or determined are performed in the manner so set out or determined;

(c) that the financial and other resources available to the Police Authority are allocated and used in such manner as is so set out or determined;

(d) that the practices and procedures relating to security that are so set out or determined are adopted and followed by members of the Police Authority;

(e) that the practices and procedures (relating to security or any other matter) that are so set out or determined are adopted and followed by and in relation to members of the Constabulary and other employees of the Police Authority, and in relation to their appointment as such;

(f) that the practices and procedures (relating to security or any other matter) that are so set out or determined are adopted and followed in relation to agreements between the Police Authority and other persons;

(g) that the criteria so set out or determined are applied in assessing the performance of members of the Constabulary and of other employees of the Police Authority, and in determining their operational, training and equipment needs; and

(h) that such persons authorised by the Secretary of State as are so set out or determined are given an entitlement, for the purpose of enabling them to monitor or inspect the activities of the Police Authority and of its employees, to have access to or make use of—

(i) premises occupied by or under the control of the Police Authority;

(ii) apparatus maintained for use by members or employees of the Police Authority; and

(iii) documents and records in the custody or under the control of the Police Authority or of the chief constable.

(2) The Secretary of State may also give the Police Authority such other general or specific directions as he considers appropriate for securing the efficient and effective operation of the Constabulary.

(3) Before giving a direction under this paragraph, the Secretary of State must consult—

(a) the Police Authority; and

(b) the chief constable.

(4) In this paragraph references to adopting and following practices or procedures include references to meeting and complying with standards or guidelines.

Government, administration and conditions of service

3

(1) The Secretary of State may give directions to the Police Authority as to the government, administration and conditions of service of the Constabulary and its members.

(2) The provision that may be required by directions under this paragraph, and that is to be capable of being made in pursuance of any such directions, includes any provision that may be made in relation to police forces under section 50 of the Police Act 1996 (c. 16) (police force regulations).

(2A) To the extent that sub-paragraph (2) concerns provision that may be made in pursuance of section 50(3A) of the Police Act 1996, the reference in sub-paragraph (1) to members of the Constabulary includes former members.

(3) If a direction under this paragraph relates to a matter which is the subject of regulations under section 50 of the Police Act 1996, the direction may differ from those regulations only so far as necessary to take account of differences relating to the structure and circumstances of the Constabulary.

(4) Before giving a direction under this paragraph, the Secretary of State must consult—

(a) the Police Authority;

(b) the chief constable;

(d) if the direction affects members of a rank-related association, that association.

Remedial action

4

(1) This paragraph applies where the Secretary of State considers that the Police Authority is failing—

(a) to meet an objective set out by him under this Schedule; or

(b) to comply with a direction given under this Schedule.

(2) This paragraph also applies where a report under section 62 following an inspection states—

(a) that the Constabulary is, whether generally or in a specified respect, not efficient or not effective; or

(b) that the Constabulary is likely, unless remedial action is taken, to cease to be efficient or effective, whether generally or in a specified respect.

(3) Where this paragraph applies, the Secretary of State may give a direction requiring the Police Authority to take the particular steps specified in the direction for the purpose of remedying—

(a) the failure to meet the objective or to comply with the direction; or

(b) the matters stated in the report under section 62.

(4) Before giving a direction under this paragraph, the Secretary of State must—

(a) notify the Police Authority and the chief constable of his intention to give a direction and of his reasons for doing so; and

(b) give the Police Authority and the chief constable an opportunity of making representations.

SCHEDULE 14

Public Records Act 1958

1

In paragraph 3 of Schedule 1 to the Public Records Act 1958 (c. 51) (administrative and departmental records of certain bodies to be public records), in Part 2 of the Table, at the appropriate place, insert— “ Civil Nuclear Police Authority. ”

Police (Scotland) Act 1967

2

(1) Section 12 of the Police (Scotland) Act 1967 (c. 77) (collaboration agreements) is amended as follows.

(2) After subsection (6) insert—

(6A) For the purposes of this section— (a) the Civil Nuclear Constabulary shall be treated as if it were a police force; (b) “police functions” shall include the functions of the Civil Nuclear Constabulary; (c) the Civil Nuclear Police Authority shall be treated as if it were a police authority; and (d) “police area”, in relation to the Civil Nuclear Constabulary and the Civil Nuclear Police Authority, means those places where members of that Constabulary have the powers and privileges of a constable.

(3) In subsection (7) after “British Transport Police Force” insert “ or the Civil Nuclear Constabulary ”.

Firearms Act 1968

3

In section 54 of the Firearms Act 1968 (c. 27) (application to Crown servants), after subsection (3) insert—

(3AA) For the purposes of this section and of any rule of law whereby any provision of this Act does not bind the Crown— (a) a member of the Civil Nuclear Constabulary shall be deemed to be a person in the service of Her Majesty; and (b) references to the public service shall be deemed to include references to use by a person in the exercise and performance of his powers and duties as a member of the Civil Nuclear Constabulary.

Race Relations Act 1976

4

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

Ministry of Defence Police Act 1987

5

(1) In section 2 of the Ministry of Defence Police Act 1987 (c. 4) (jurisdiction of Ministry of Defence Police)—

(a) for subsection (3A)(d) substitute—

(d) the Civil Nuclear Constabulary,

;

(b) in subsection (3B)(d), for “United Kingdom Atomic Energy Authority Constabulary” substitute “ Civil Nuclear Constabulary ”.

(2) In section 2A(4) of that Act (provision of assistance to other forces)—

(a) in the definition of “chief officer”, in paragraph (d), for “United Kingdom Atomic Energy Authority Constabulary” substitute “ Civil Nuclear Constabulary ”; and

(b) in the definition of “relevant force”, for paragraph (d) substitute—

(d) the Civil Nuclear Constabulary.

(3) In section 2B(3) of that Act (constables serving with other forces)—

(a) in the definition of “chief officer”, in paragraph (f), for “United Kingdom Atomic Energy Authority Constabulary” substitute “ Civil Nuclear Constabulary ”; and

(b) in the definition of “relevant force”, for paragraph (f) substitute—

(f) the Civil Nuclear Constabulary.

Official Secrets Act 1989

6

In section 12 of the Official Secrets Act 1989 (c. 6) (Crown servants etc.), after subsection (4) insert—

(4A) In this section the reference to a police force includes a reference to the Civil Nuclear Constabulary.

Police Act 1996

7

In section 23 of the Police Act 1996 (c. 16) (collaboration agreements), after subsection (7A) insert—

(7B) For the purposes of this section— (a) the Civil Nuclear Constabulary shall be treated as if it were a police force; (b) the chief constable of the Civil Nuclear Constabulary shall be treated as if he were the chief officer of police of that Constabulary; (c) “police functions” shall include the functions of the Civil Nuclear Constabulary; and (d) the Civil Nuclear Police Authority shall be treated as if it were a police authority.

Regulation of Investigatory Powers Act 2000

8

(1) In section 46(3) of the Regulation of Investigatory Powers Act 2000 (c. 23) (persons in relation to whom authorisations may apply to any place in the United Kingdom), after paragraph (d) insert—

(dza) the Civil Nuclear Constabulary;

(2) In Part 1 of Schedule 1 to that Act (relevant authorities for the purposes of sections 28 and 29), for paragraph 1A substitute—

(1A) The Civil Nuclear Constabulary.

Criminal Justice and Police Act 2001

9

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

Anti-terrorism, Crime and Security Act 2001

10

(1) In section 77(7) of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (interpretation of section 77), for the definitions of “nuclear material” and “nuclear site” substitute—

“nuclear material” has the same meaning as in Chapter 3 of Part 1 of the Energy Act 2004; “nuclear site” means a licensed nuclear site within the meaning of that Chapter;

(2) In section 79(4) of that Act (interpretation of section 79), for the definition of “nuclear material” substitute—

“nuclear material” has the same meaning as in Chapter 3 of Part 1 of the Energy Act 2004;

(3) In section 100(1) of that Act (jurisdiction of British Transport Police when assisting other forces), for paragraph (c) substitute—

(c) the Civil Nuclear Constabulary,

Police Reform Act 2002

11

In section 82 of the Police Reform Act 2002 (c. 30) (nationality requirements applicable to police officers)—

(a) for subsection (1)(e) substitute—

(e) a member of the Civil Nuclear Constabulary;

;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 15

Preliminary

1

The 1993 Act is amended as follows.

Applications for authorisations

2

In section 16(6) (obligation to send copy of application to local authorities), for “any application being made” substitute “ receipt of an application ”.

Duty to display documents

3

In section 19 (duty to display authorisation etc.), for “to whom the authorisation was granted” substitute “ who holds the authorisation ”.

Requirements with respect to records

4

In section 20(1) (imposition of requirements with respect to records), for “an authorisation under section 13 or 14 has been granted” substitute “ who holds an authorisation under section 13 or 14 ”.

Enforcement notices

5

(1) In subsection (1) of section 21 (enforcement notifications), for “to whom an authorisation was granted under section 13 or 14” substitute “ who holds an authorisation under section 13 or 14 ”.

(2) In subsection (4)(b) of that section, after “16(9)(b)” insert “ or 16A(8)(d) ”.

Prohibition notices

6

In section 22(6) (copy of prohibition notice to be served on persons to whom authorisation copied under section 16(9)(b)), after “16(9)(b)” insert “ or 16A(8)(d) ”.

Directions in relation to applications etc.

7

(1) In subsection (1)(b) of section 23 (directions in relation to applications), after “14” insert “ or for the transfer (in whole or in part) or variation of an authorisation ”.

(2) In subsection (2)(a) of that section, after “authorisation” insert “ or for the transfer (in whole or in part) or variation of an authorisation ”.

(3) After subsection (2)(c) of that section insert—

(ca) to grant an application for the transfer (in whole or in part) of an authorisation, or (cb) to carry out a review under section 17A, or

Power to call in applications

8

In section 24(1)(a) (applications that may be called in), for “or authorisations” substitute “ , authorisations, transfers or variations ”.

Power to restrict knowledge of applications etc.

9

(1) In subsection (2)(a) of section 25 (directions to restrict knowledge of information about applications), after “14” insert “ or for the transfer (in whole or in part) or variation of an authorisation ”.

(2) In subsection (3) of that section—

(a) for “, as the case may be” substitute “ or notice of variation ”; and

(b) in paragraph (b), after “16” insert “ 16A or 17 ”.

Appeals

10

(1) In subsection (1) of section 26 (appeals), after paragraph (a) insert—

(aa) refuses an application under section 16A or 17 for the transfer (in whole or in part) or variation of such an authorisation,

(2) In subsection (5) of that section, after paragraph (b) insert—

(c) in relation to an application under section 16A for the transfer of an authorisation, either or both of the persons making the application; (d) in relation to an application for a variation under section 17, the person applying for the variation.

Offences

11

In each of paragraphs (c) and (d) of section 32(1) (offences relating to registrations and authorisations), for “to whom an authorisation under section 13 or 14 has been granted” substitute “ who holds an authorisation under section 13 or 14 ”.

False and misleading statements

12

In section 34A (offences of making false and misleading statements)—

(a) in subsection (1)(a), after “14” insert “ , any transfer of such an authorisation under section 16A ”; and

(b) in subsection (2)(a), for “or an authorisation under section 13 or 14” substitute “ , an authorisation under section 13 or 14 or a transfer under section 16A ”.

Meaning of “prescribed”

13

In section 47(1) (interpretation), for the definition of “prescribed” substitute—

“prescribed”— (a) in relation to a charging scheme under section 41 of the Environment Act 1995, has the same meaning as in that section; (b) in relation to fees or charges payable in Northern Ireland in accordance with a scheme under section 43 of this Act, means prescribed under that scheme; and (c) in other contexts, means prescribed by regulations under this Act.

SCHEDULE 16

Interpretation

1

In this Schedule references to a safety zone notice are references to a notice under section 95.

2

In this Schedule “relevant renewable energy installation”, in relation to an application for a safety zone notice or a proposal by the appropriate Minister to issue such a notice, means the renewable energy installation by reference to which the notice applied for or proposed would fall to be issued.

Requirements for applications

3

(1) An application for a safety zone notice must describe, by way of a map—

(a) the place where the relevant renewable energy installation is to be, or is being, constructed, extended, operated or decommissioned; and

(b) the waters in relation to which any declaration applied for will establish a safety zone.

(2) The application must also—

(a) describe the other provisions the application asks to be included in the notice applied for; and

(b) include such other information as may be prescribed by regulations made by the appropriate Minister.

(3) An application is not allowed to be made orally.

Objections to an application

4

(1) The appropriate Minister may by regulations make provision for securing—

(a) that, in the prescribed circumstances, notice of an application is published in the prescribed manner;

(b) that, in the prescribed circumstances and in any other case where the appropriate Minister so directs, notice of an application is served on the persons who are prescribed or are specified in the direction;

(c) that every notice published or served in pursuance of the regulations states the period within which objections to the application may be made, and the manner in which any objections are to be made;

(d) that the period so stated is not less than the prescribed period after the publication or service of the notice;

(e) that, where such a notice requires objections to be sent to a person other than the appropriate Minister, the recipient of the objections is required to send copies of them to the appropriate Minister.

(2) The regulations may provide that the appropriate Minister may give such directions dispensing with the requirements of the regulations as he considers appropriate.

(3) Where objections, or copies of objections, to an application have been sent to the appropriate Minister in compliance with the regulations, the appropriate Minister—

(a) must consider those objections, together with all other material considerations, with a view to determining whether a public inquiry should be held with respect to the application; and

(b) if he thinks it appropriate to do so, must cause a public inquiry to be held, either in addition to or instead of any other hearing or opportunity of stating objections to the application.

(4) In this paragraph “prescribed” means prescribed by regulations under this paragraph.

Objections in other cases

5

(1) This paragraph applies where—

(a) the appropriate Minister is proposing to issue a safety zone notice without an application having been made; or

(b) the appropriate Minister, in response to an application but without the holding of a public inquiry, is proposing to issue a safety zone notice in terms that are materially different from those applied for.

(2) The appropriate Minister must—

(a) publish notice of the proposal in such manner as he considers appropriate for bringing it, as soon as is reasonably practicable, to the attention of persons likely to be affected by it; and

(b) serve notice of the proposal on such persons as he considers appropriate.

(3) The notice that is published or served must describe, by way of a map—

(a) the place where the relevant renewable energy installation is to be, or is being, constructed, extended, operated or decommissioned; and

(b) the waters in relation to which any declaration proposed will establish a safety zone;

and it must also describe the other provisions that the appropriate Minister proposes to include in the safety zone notice.

(4) That notice must also—

(a) state the period within which objections to the proposal may be made; and

(b) the manner in which any objections are to be made.

(5) The period for making objections must not be shorter than the minimum period which would be applicable, in accordance with regulations under paragraph 4, if the notice were being published in respect of an application for a safety zone notice.

(6) Where objections or copies of objections to the proposal have been sent to the appropriate Minister, he—

(a) must consider those objections, together with all other material considerations, with a view to determining whether a public inquiry should be held with respect to the proposal; and

(b) if he thinks it appropriate to do so, must cause a public inquiry to be held, either in addition to or instead of any other hearing or opportunity of stating objections to the proposal.

Public inquiries

6

(1) This paragraph applies where a public inquiry is to be held.

(2) In the case of an inquiry to be held in respect of an application—

(a) the appropriate Minister must inform the applicant that it is to be held; and

(b) the applicant must, in two successive weeks, publish a notice in one or more local newspapers circulating in one or more areas determined in accordance with regulations made by the appropriate Minister.

(3) In the case of an inquiry in respect of a proposal of the appropriate Minister, he must publish a notice in such manner as he considers appropriate for bringing the inquiry to the attention of persons likely to be affected by the proposal.

(4) A notice that is published under sub-paragraph (2) or (3) must contain—

(a) a statement of the fact that the application or proposal has been made; and

(b) a description of the application or proposal.

(5) The notice must also set out—

(a) a place where a copy of the application or proposal, and of the map referred to in it, can be inspected; and

(b) the place, date and time of the public inquiry.

(6) The place set out in accordance with sub-paragraph (5)(a) in the case of an inquiry in respect of an application for a safety zone notice must be the place determined in accordance with regulations made by the appropriate Minister.

(7) If it appears to the appropriate Minister, in the case of an inquiry in respect of such an application, that further notification of the inquiry should be given (in addition to the published notice) in order to secure that the matters set out in the published notice are sufficiently made known to persons who are likely to be affected by the application—

(a) the appropriate Minister may direct the applicant to take such further steps for that purpose (whether by the service of notices, advertisement or otherwise) as may be specified in the direction; and

(b) that person must comply with the direction.

(8) If it appears to the appropriate Minister, in the case of an inquiry in respect of a proposal of his, that further notification of the inquiry should be given (in addition to the published notice) in order to secure that the matters set out in the published notice are sufficiently made known to persons who are likely to be affected by the proposal, he must take such further steps for that purpose (whether by the service of notices, advertisement or otherwise) as he considers appropriate.

(9) The following provisions—

(a) subsections (2) to (5) of section 250 of the Local Government Act 1972 (c. 70) (which relates to evidence at inquiries and the costs of inquiries), and

(b) subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 (c. 65) (which makes similar provision for Scotland),

shall apply in relation to a public inquiry held under this Schedule as they apply in relation to a local inquiry which a Minister causes to be held under subsection (1) of that section.

(10) For the purposes of this paragraph a public inquiry under sub-paragraph (6) of paragraph 5 in a case where that paragraph applies by virtue of sub-paragraph (1)(b) of that paragraph—

(a) is a public inquiry in respect of a proposal of the appropriate Minister; and

(b) is not a public inquiry in respect of an application.

Use of additional inspectors for an inquiry

7

(1) This paragraph applies in the case of—

(a) a public inquiry in England and Wales under this Schedule; or

(b) a public inquiry in England and Wales which is a combination under section 62 of the 1989 Act into one inquiry of—

(i) two or more inquiries under this Schedule; or

(ii) one or more inquiries under this Schedule and one or more other inquiries.

(2) At any time after appointing a person to hold the inquiry (“the lead inspector”), the Secretary of State may direct him—

(a) to consider such matters relating to the conduct of the inquiry as are specified in the direction; and

(b) to make recommendations to the Secretary of State about those matters.

(3) After considering the recommendations of the lead inspector, the Secretary of State may—

(a) appoint for the purposes of the inquiry such number of additional inspectors as he thinks appropriate; and

(b) direct that each additional inspector must consider such of the matters to which the inquiry relates as are allocated to him by the lead inspector.

(4) An additional inspector must—

(a) comply with every direction as to procedural matters given to him by the lead inspector; and

(b) report to the lead inspector on every matter allocated to him.

(5) It is to be for the lead inspector to report to the Secretary of State on the consideration of both—

(a) the matters which he considered himself; and

(b) the matters the consideration of which was allocated to additional inspectors.

(6) The power of the Secretary of State to give directions to the lead inspector may be exercised on one or more different occasions after the appointment of the lead inspector.

(7) Accordingly—

(a) the recommendations that may be made by the lead inspector following such a direction include, in particular, a recommendation for varying the number of additional inspectors; and

(b) the power of the Secretary of State to appoint an additional inspector includes power to revoke such an appointment.

(8) A direction by any person under this paragraph may be varied or revoked by a subsequent direction by that person.

Combined notices

8

A notice required by or under this Schedule may be combined with a notice required by or under Schedule 8 to the 1989 Act (procedure on application for a consent in respect of a generating station) in any case involving the same installation or proposed installation.

Parliamentary control of regulations

9

Regulations under this Schedule—

(a) if made by the Secretary of State or the Welsh Ministers, are subject to the negative resolution procedure;

(b) if made by the Scottish Ministers, are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

SCHEDULE 17

Licensing scheme

1

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