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PART 1 continued CHAPTER 1 continued
(1) The strategy prepared under section 11 must include both—
(a) the NDA’s strategy for decommissioning and cleaning up the installations and sites designated as installations or sites to be decommissioned or cleaned up; and
(b) its strategy for the operation of the installations and facilities designated as installations or facilities whose operation it is to secure.
(2) The strategy must set out—
(a) the priorities the NDA has adopted with respect to the discharge of its responsibilities;
(b) how it proposes to ensure the maintenance and development in the United Kingdom of a skilled workforce able to undertake the work of decommissioning nuclear installations and of cleaning up nuclear sites;
(c) how it proposes to promote effective competition for contracts to provide it with the services it must secure in order to discharge its responsibilities;
(d) its proposals for ensuring the adoption of what it considers to be good practice by the persons with control of designated installations, designated sites and designated facilities;
(e) how it proposes to give encouragement or other support to activities that benefit the social or economic life of communities living near designated installations, designated sites or designated facilities or that produce other environmental benefits for such communities; and
(f) an explanation of how and why it arrived at the decisions and proposals which are set out in the strategy.
(3) The strategy must also set out the steps that the NDA proposes to take—
(a) for giving appropriate publicity to its responsibilities and strategy;
(b) for explaining them both to persons having a particular interest in matters relating to the carrying out by the NDA of its functions and to the general public;
(c) for ensuring that the NDA is kept informed at all times of the opinions about such matters of persons having such a particular interest; and
(d) for facilitating the communication by such persons of their opinions to the NDA.
(4) The strategy required by subsection (1)(a) must contain—
(a) objectives describing what the NDA intends decommissioning or cleaning-up to achieve in the case of different installations and sites; and
(b) the NDA’s policy as to the means by which it intends those objectives to be achieved.
(5) In the case of a site which is to be cleaned up, those objectives must include, in particular, a statement of the condition to which the site needs to be restored.
(6) In setting out its policy as to the means of achieving the objectives mentioned in subsection (4), the NDA must describe—
(a) the procedure it proposes to adopt for ensuring the preparation, and revision from time to time, of plans for the identification and carrying out of the decommissioning or cleaning-up work that is or continues to be needed in the case of each designated installation or designated site;
(b) the manner in which it proposes to secure that the work identified by such plans is carried out in accordance with them;
(c) an outline of the work that has been identified as needed in the case of each designated installation or designated site for which plans have been prepared;
(d) the period over which that work is to be carried out in the case of each installation or site; and
(e) the expenses it expects to incur in respect of the carrying out of the decommissioning and cleaning-up work for which it has a responsibility.
(7) The strategy required by subsection (1)(b) must set out—
(a) the expenditure that the NDA expects to incur on the running costs of installations and facilities whose operation it has a responsibility to secure, and on the management of the sites where they are located;
(b) capital expenditure that the NDA expects to incur in connection with the discharge of its responsibilities in relation to those installations and facilities, and with the management of those sites; and
(c) the income that it considers it is likely to secure from the operation of those installations and facilities and from the management of those sites.
(8) An objective or policy set out in the NDA’s strategy may be framed in one or more of the following ways—
(a) by reference to a particular installation or site;
(b) by reference to different descriptions of installation or site;
(c) so as to become applicable to an installation or site of a particular description on the NDA being given responsibility for an installation or site of that description.
(9) In this section references, in relation to the preparation of a strategy, to a site, installation or facility designated for any purpose include references to a site, installation or facility designated by a direction which is not yet in force.
(1) The NDA must, for each financial year, prepare a plan—
(a) for the carrying out, during that year, of work towards decommissioning the installations designated as installations to be decommissioned;
(b) for the carrying out, during that year, of work towards cleaning up the sites designated as sites to be cleaned up;
(c) for the operation, during that year, of the installations and facilities designated as installations or facilities whose operation is to be secured by the NDA; and
(d) for the carrying out during that year of its other functions.
(2) The plan must be prepared and, not less than three months before the commencement of the financial year to which it relates, submitted for approval—
(a) in a case where it contains anything relating to responsibilities of the NDA falling within section 6(2), to the Secretary of State and the Scottish Ministers; and
(b) in any other case, to the Secretary of State.
(3) The plan for a financial year, so far as it relates to decommissioning and cleaning-up, must set out—
(a) a summary of the decommissioning and cleaning-up work which the NDA is intending should be carried out during that year;
(b) the arrangements that have been made, or are to be made, for securing that agreements for the carrying out of that work are entered into;
(c) the agreements (if any) that have already been entered into for that purpose or under which that work is to be carried out;
(d) an estimate of the expenditure that will be incurred by the NDA during that year in respect of decommissioning or cleaning-up work carried out during that year or previously or in respect of decommissioning and cleaning-up work to be carried out in subsequent years;
(e) any proposals to which it intends to give effect during that year that relate to, or will affect, the management of installations or sites designated as installations or sites to be decommissioned or cleaned up; and
(f) the extent to which its plans for the year contribute to the achievement of the objectives set out in its strategy.
(4) The plan for a financial year, so far as it relates to the operation of installations and facilities, must set out—
(a) an estimate of the expenditure that will be incurred during that year on the running costs of the installations and facilities and on the management of the sites where they are located;
(b) an estimate of the capital expenditure that will be incurred during that year in connection with the discharge of the NDA’s responsibilities in relation to those installations and facilities and with the management of those sites;
(c) an estimate of the income it is likely to secure during that year from the operation of the installations and facilities and from the management of those sites; and
(d) any proposals to which the NDA intends to give effect during that year that relate to or will affect the operation of the installations or facilities, or the management of the sites where they are located.
(5) The plan for a financial year, so far as it relates to the NDA’s other functions, must—
(a) set out all the activities of significance that the NDA proposes to carry on during that year in the carrying out of those other functions; and
(b) an estimate of the expenditure that will be incurred in the carrying out of those other functions.
(6) The plan for a financial year must also set out any other matters that the Secretary of State directs the NDA to include in its plan for that year.
(7) In this section references, in relation to the preparation of a plan for a financial year, to a site, installation or facility designated for any purpose include references to a site, installation or facility designated by a direction which—
(a) is not yet in force; but
(b) is to come into force during that financial year.
(8) Schedule 3 (which makes provision about consultation and about the approval and publication of the NDA’s annual plan) has effect.
(1) As soon as reasonably practicable after the end of each financial year, the NDA must prepare and send to the Secretary of State a report on—
(a) the discharge of its responsibilities during that year; and
(b) the carrying out of its other functions.
(2) If during the year to which the report relates the NDA has had responsibilities which—
(a) fall within subsection (2) of section 6, or
(b) are mentioned in subsection (3) of that section,
it must also send a copy of that report to the Scottish Ministers.
(3) The report must contain—
(a) a description of what has been done, during the year to which it relates, towards achieving the NDA’s objectives, as set out in the approved strategy in force during that year;
(b) a general description of the work carried out during that year for the purpose of decommissioning the installations designated as installations to be decommissioned;
(c) a general description of the work carried out during that year for the purpose of cleaning up the sites designated as sites to be cleaned up;
(d) a report on every change occurring during that year in the identity of persons with control of designated installations, designated sites and designated facilities;
(e) a report of every significant change during that year to the contractual arrangements of the NDA that are in force with respect to the carrying out (whether or not during that year) of decommissioning or cleaning-up work;
(f) a report on the extent to which the NDA has implemented its plan for that year;
(g) a report of the NDA’s dealings during that year with the Health and Safety Executive, the Environment Agency and the Scottish Environment Protection Agency;
(h) a report containing an assessment of the performance in relation to safety and environmental matters of the persons (other than the NDA itself) who have control of designated installations, designated sites and designated facilities;
(i) a report of the NDA’s dealings during that year with such persons with responsibilities in relation to nuclear security as have been nominated for the purposes of this subsection by the Secretary of State; and
(j) any other matters which the NDA is directed by the Secretary of State to include in that report.
(4) Before giving a direction for the purposes of subsection (3)(j) the Secretary of State must consult the Scottish Ministers.
(5) The report must deal separately with—
(a) activities relating to the decommissioning of installations or the cleaning-up of sites; and
(b) the NDA’s other activities.
(6) The Secretary of State must lay a copy of every report received by him under this section before Parliament.
(7) The Secretary of State must also arrange for a copy of the report to be published in the manner which, in his opinion, is most appropriate for bringing it to the attention of persons likely to be affected by it.
(8) The Scottish Ministers must lay a copy of every report received by them under this section before the Scottish Parliament.
(9) The Secretary of State may exclude—
(a) from what he lays before Parliament or arranges to be published under this section, and
(b) from what is to be laid before the Scottish Parliament by the Scottish Ministers,
anything falling within subsection (10).
(10) The following falls within this subsection—
(a) anything the publication of which the Secretary of State considers to be against the interests of national security;
(b) anything relating to the private affairs of an individual the publication of which the Secretary of State considers would seriously and prejudicially affect the interests of that individual; and
(c) anything of a commercial nature relating specifically to the affairs of a particular body of persons the publication of which the Secretary of State considers would seriously and prejudicially affect the interests of that body.
(1) This section applies where the NDA has a responsibility for securing the decommissioning of an installation or the cleaning-up of a site.
(2) It shall be the duty of the NDA to take all such steps as it considers appropriate—
(a) for securing the implementation in the case of that installation or site of the NDA’s approved strategy for decommissioning and cleaning-up;
(b) for the achievement of the objectives set out in that strategy that are applicable to that installation or site; and
(c) for giving effect in each financial year to its approved plan for that year, so far as it relates to the decommissioning of that installation or the cleaning-up of that site.
(3) In the case of a designated site which is a contaminated site, that duty has effect subject to such general and specific directions relating to the manner in which the NDA is to discharge its responsibilities in relation to that site as may be given to it—
(a) in the case of a site in Scotland, by the Secretary of State and the Scottish Ministers, acting jointly; and
(b) in any other case, by the Secretary of State.
(4) The NDA must comply with all such directions.
(1) This section applies where the NDA has a responsibility for securing—
(a) the operation of a nuclear installation;
(b) the operation of a facility for treating, storing, transporting or disposing of hazardous material;
(c) the operation of any other facility;
(d) the treatment, storage, transportation or disposal, in designated circumstances, of hazardous material; or
(e) the management of any land not comprised in a site designated as a site to be cleaned up.
(2) That responsibility is an obligation to secure that—
(a) the installation or facility is operated,
(b) the hazardous material is treated, stored, transported or disposed of, or
(c) the land is managed,
in accordance with general and specific directions.
(3) The power to give directions under subsection (2) is exercisable—
(a) in relation to any matter connected with responsibilities of the NDA falling within section 6(2), by the Secretary of State and the Scottish Ministers, acting jointly; and
(b) in relation to any other matter, by the Secretary of State.
(4) In discharging that responsibility the NDA must also act—
(a) in accordance with the NDA’s approved strategy for the operation of designated installations and designated facilities; and
(b) in each financial year, in accordance with the NDA’s approved plan for that year.
(1) This section applies—
(a) in the case of every designated nuclear installation and every designated installation comprised in an NDA facility;
(b) in the case of every designated site which is a principal nuclear site; and
(c) in the case of every designated facility situated in or on a principal nuclear site.
(2) The person with control of the installation, site or facility must secure that neither the installation, site or facility nor any interest or right in relation to it is used or disposed of except for purposes which—
(a) facilitate the discharge of the NDA’s responsibilities in relation to designated installations, designated sites and designated facilities; and
(b) secure that there is no contravention, in relation to the discharge of those responsibilities, of any obligations imposed by or under any enactment on the person with control of the installation, site or facility.
(3) Subsection (2) does not prevent the use or disposal of an installation, site or facility where the NDA has consented to that use or disposal.
(4) Where the NDA has an interest in the installation, site or facility, the person with control of it shall have the right, as against the NDA, to use it for the purposes authorised by subsection (2) and to put it to any use to which the NDA has consented.
(5) Except—
(a) where the NDA otherwise directs, or
(b) where the person with control of the installation, site or facility is, has been or will be subject to charges by the NDA in respect of the discharge of its responsibilities in relation to that installation, site or facility,
that person must account for, and pay, to the NDA all sums and other benefits received by him in respect of the use or disposal by him of an interest or right in relation to the installation, site or facility.
(6) A reference in this section to facilitating the discharge of the NDA’s responsibilities in relation to an installation, site or facility includes a reference to doing anything which is required or authorised by or for the purposes of—
(a) an agreement between the NDA and the person with control of the installation, site or facility; or
(b) an agreement between the NDA and a body corporate of which that person is a subsidiary.
(7) Nothing in subsection (5) prohibits the inclusion in such an agreement of provision for sums and benefits mentioned in that subsection to be accounted for and paid to the NDA in a case falling within paragraph (b) of that subsection.
(8) A reference in this section to an interest or right in relation to an installation or site includes a reference to any interest or right in relation to—
(a) anything located in or on the installation or site;
(b) a facility operated from the installation or site;
(c) a process carried on in or on the installation or site; or
(d) information or documents relating to the installation or site or to anything mentioned in paragraphs (a) to (c).
(9) References in this section to the disposal of an interest in a site include references to—
(a) the granting of an estate or interest in the site, or of a licence to use it; or
(b) entering into an agreement to grant such an estate, interest or licence;
and references to sums received in respect of such a disposal include references to sums that are paid periodically (by way of rent or otherwise) by a tenant or licensee or by a party to such an agreement.
(1) This section applies in every case where one of the following is designated—
(a) a nuclear installation or an installation comprised in an NDA facility;
(b) a principal nuclear site; or
(c) a facility situated in or on a principal nuclear site.
(2) It shall be the duty of the person with control of the installation, site or facility—
(a) to prepare such plans for the decommissioning or operation of the installation, for the cleaning-up or management of the site or for the operation of the facility as the NDA may direct;
(b) to prepare such plans for the cleaning-up of any related sites as the NDA may direct;
(c) to submit his plans to the NDA for approval;
(d) to comply with all such further directions falling within subsection (3) as the NDA may give him from time to time with respect to the installation, site or facility; and
(e) to comply with such directions as the NDA may give him for the purpose of securing or facilitating the discharge by the NDA of such of its responsibilities by virtue of section 3(1)(e) or 4(1), (2) or (4) or any direction under section 16(2) as—
(i) were conferred on it by reference to the site, installation or facility; or
(ii) fall to be discharged in relation to it, or to anything in or on it.
(3) The directions that may be given by the NDA are—
(a) directions (in the case of an installation or site) requiring the carrying out, pending the preparation and approval of plans required by the NDA, of specified decommissioning or cleaning-up work in or on the installation or site or related sites;
(b) directions requiring the installation, site or facility to be operated or managed, pending the preparation and approval of such plans, in the specified manner;
(c) directions to modify in the specified manner, and to resubmit, a plan submitted to the NDA for approval, or approved by it, under this section;
(d) directions (in the case of an installation or site) requiring the carrying out, pending the preparation and approval of modifications of a plan, of specified decommissioning or cleaning-up work in or on the installation or site or related sites;
(e) directions requiring the implementation of a plan that the NDA has approved;
(f) directions requiring specified transactions to be entered into, and other specified steps to be taken, for the purposes of or in connection with the implementation of such a plan;
(g) directions requiring the provision to the NDA of all the information that it requires in order—
(i) to discharge its responsibilities in relation to the installation, site or facility and in relation to related sites; or
(ii) to enter into an agreement for the purpose of discharging those responsibilities.
(4) It shall be the duty of the person holding the majority of the voting rights in a company with control of the installation, site or facility to comply with such directions as may be given to it by the NDA for the purpose of securing that the company with control of the installation, site or facility complies with its obligations under this section.
(5) Directions must not be given by the NDA under this section except for the purpose—
(a) of giving effect to its plan under section 13 for a particular financial year; or
(b) of otherwise giving effect to its strategy under section 11 or achieving the objectives set out in that strategy.
(6) A person required to prepare plans for the purposes of this section must comply with the directions of the NDA as to—
(a) the persons with whom, and
(b) the manner in which,
he must consult before preparing the plans, or before submitting them to the NDA for approval.
(7) A direction under this section cannot authorise a contravention in relation to an installation, site or facility of any obligation to which the person with control of it is subject by or under an enactment.
(8) In this section “related site”, in relation to a designated installation, designated site or designated facility, means a site the designation of which specifies, in accordance with section 19, that it is to be treated, by reference to that installation, site or facility, as a related site for the purposes of this section.
(1) A direction designating a contaminated site—
(a) may specify that the site is to be treated for the purposes of section 18 as a related site; and
(b) if it does so, must specify the installation, site or facility by reference to which the Secretary of State is satisfied as mentioned in subsection (2)(a).
(2) A direction must not specify that a site is to be treated as a related site unless—
(a) the Secretary of State is satisfied that it has become contaminated (whether radioactively or chemically) as a result of nuclear activities in or on a particular installation, site or facility;
(b) that installation, site or facility was at the time of the contamination, or subsequently became, a nuclear installation, a principal nuclear site or an NDA facility;
(c) the installation, site or facility is also designated (whether by that direction or as a consequence of a previous direction); and
(d) the person with control of that installation, site or facility—
(i) is a Crown appointee, the UKAEA, a publicly owned company or the NDA itself; or
(ii) has consented to the specification of the installation, site or facility for the purposes of subsection (1)(b).
(3) On the giving by the Secretary of State of a direction specifying that a site is to be treated as a related site, he must send a copy of the direction to every person with control of an installation, site or facility by reference to which it is to be so treated.
(4) For the purposes of this section something is contaminated as a result of nuclear activities in or on a particular installation, site or facility 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 that installation, site or facility;
(b) the storage or disposal of any matter or substance in or on that installation, site or facility;
(c) an incident occurring in or on that installation, site or facility;
(d) the discharge of anything from that installation, site or facility;
(e) the transportation of hazardous material to or from that installation, site or facility;
(f) an incident affecting hazardous material being transported to or from that installation, site or facility.
(1) The duty of a person to whom a direction is given under section 18 to comply with that direction is a duty owed to the NDA, and to no one else.
(2) That duty is to be enforceable by the NDA in civil proceedings—
(a) for an injunction or interdict;
(b) for specific performance of a statutory duty under section 45 of the Court of Session Act 1988 (c. 36); or
(c) for any other appropriate remedy or relief.
(3) That duty is subject to the obligation of the NDA to discharge its financial responsibilities under section 21.
(4) A person with control of an installation, site or facility is not to be subject to that duty to the extent that he is relieved of it by the provisions of an agreement—
(a) between the NDA and that person; or
(b) between the NDA and a body corporate of which that person is a subsidiary.
(5) The Secretary of State may by order provide, in the case of an installation, site or facility the person with control of which is a Crown appointee, that the Crown appointee is not to be subject, to the extent specified in the order, to the duty to comply with directions under section 18.
(6) An order for the purposes of subsection (5) is subject to the negative resolution procedure.
Energy Act 2004