Legalize / United Kingdom / Public General Act

Energy Act 2023

Type Public General Act

Publication 2023-10-26

Last updated 2026-04-06

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(9) Regulations made by virtue of subsection (8)(c) may provide that a function may be delegated—

(a) to a Scottish public authority only if the function relates to the taking or securing of measures in Scotland;

(b) to a Welsh public authority only if the function relates to the taking or securing of measures in Wales;

(c) to a Northern Ireland public authority only if the function relates to the taking or securing of measures in Northern Ireland.

(10) Regulations made by virtue of subsection (8)(c) must provide that the delegation of a function—

(a) to a Scottish public authority requires the consent of the Scottish Ministers;

(b) to a Welsh public authority requires the consent of the Welsh Ministers;

(11) Regulations made by virtue of subsection (8)(c) must provide that the delegation of a function—

(a) may be cancelled by the Secretary of State in accordance with the regulations;

(b) does not prevent the Secretary of State from carrying out any function delegated.

(12) Before making regulations under this section, the Secretary of State must consult—

(a) the Scottish Ministers, so far as the regulations relate to relevant offshore wind activities in Scotland,

(b) the Welsh Ministers, so far as the regulations relate to relevant offshore wind activities in Wales,

(d) such other persons as the Secretary of State considers appropriate.

(13) Regulations under this section are subject to the negative procedure.

Assessment of environmental effects etc

293

(1) The appropriate authority may by regulations make—

(a) provision for and in connection with the assessment of the environmental effects of relevant offshore wind activities in relation to protected sites;

(b) provision about the taking or securing of measures by a public authority in compensation for any adverse environmental effects of relevant offshore wind activities in relation to protected sites (“compensatory measures”).

(2) The appropriate authority is the Secretary of State, subject to paragraphs (a) to (c)—

(a) the Scottish Ministers are the appropriate authority in relation to relevant offshore wind activities in the Scottish inshore region;

(b) the Welsh Ministers are the appropriate authority in relation to relevant offshore wind activities in the Welsh inshore region, subject to subsection (3) and other than in relation to qualifying Secretary of State functions;

(c) DAERA is the appropriate authority in relation to relevant offshore wind activities in the Northern Ireland inshore region, other than in relation to qualifying Secretary of State functions.

(3) In subsection (2)(b), “relevant offshore wind activity” does not include an activity within section 290 (1)(a) relating to a generating station that has a capacity such that the construction or extension of the generating station would be a nationally significant infrastructure project (within the meaning given by sections 14 and 15 of the Planning Act 2008).

(4) The provision that may be made by virtue of subsection (1) includes provision—

(a) specifying the matters to be dealt with by an assessment;

(b) about the procedure to be followed in carrying out an assessment, including when an assessment must be carried out and matters that must be taken into account;

(d) requiring an assessment to be carried out by a specified person in specified circumstances;

(e) authorising or requiring the supply of information (including information the supply of which would not otherwise be permitted) for the purposes of an assessment;

(f) enabling a person carrying out an assessment (an “assessor”) to require a person who has applied for consent to provide the assessor with assistance for the purposes of or in connection with the assessment;

(g) prohibiting the granting of consent in respect of an activity where an assessment has not been carried out in accordance with the regulations;

(h) about when or how compensatory measures must or may be provided;

(i) disapplying or otherwise modifying, whether generally or in specified circumstances or subject to specified conditions, any of the provisions listed in subsection (5)(a), (b), (c) or (d) (as the case may be).

(5) The provisions referred to in subsection (4)(i) are—

(a) in the case of regulations made by the Secretary of State—

(i) section 126 of the Marine and Coastal Access Act 2009;

(ii) regulations 9 and 10 and Part 6 of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012);

(iii) regulations 6, 27, 28 and 30 to 37 of the Conservation of Offshore Marine Habitats and Species Regulations 2017 (S.I. 2017/1013);

(iv) any other provision that relates to the taking or securing of compensatory measures, where the provision is made by or under an Act;

(b) in the case of regulations made by the Scottish Ministers—

(i) section 83 of the Marine (Scotland) Act 2010 (asp 5);

(ii) regulations 3 and 3A and Part 4 of the Conservation (Natural Habitats, &c.) Regulations 1994 (S.I. 1994/2716);

(iii) regulations 9 and 10 and Part 6 of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012);

(iv) any other provision that relates to the taking or securing of compensatory measures in or in relation to the Scottish inshore region, where the provision is made by or under an Act of the Scottish Parliament;

(i) section 126 of the Marine and Coastal Access Act 2009;

(ii) regulations 9 and 10 and Part 6 of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012);

(iii) any other provision that relates to the taking or securing of compensatory measures, where the provision is made by or under an Act or Measure of Senedd Cymru;

(d) in the case of regulations made by DAERA—

(i) section 23 of the Marine Act (Northern Ireland) 2013;

(ii) regulations 3 and 3A and Part 4 of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 (S.R. (N.I.) 1995 No. 380);

(iii) any other provision that relates to the taking or securing of compensatory measures in or in relation to the Northern Ireland inshore region, where the provision is made by or under Northern Ireland legislation.

(6) But regulations under this section may not disapply or otherwise modify, or make provision which could undermine or circumvent—

(a) section 126(7)(a) or (b) of the Marine and Coastal Access Act 2009, section 83(4)(b)(i) or (ii) of the Marine (Scotland) Act 2010 or section 23(7)(a) or (b) of the Marine Act (Northern Ireland) 2013,

(b) regulation 64 of the Conservation of Habitats and Species Regulations 2017,

(d) regulation 49 of the Conservation (Natural Habitats, &c.) Regulations 1994,

(e) regulation 44 of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995, or

(f) any provision about qualifying Secretary of State functions (unless the regulations are made by the Secretary of State).

(7) Regulations made under this section by the Secretary of State—

(a) may not provide for a function that is exercisable by a Scottish public authority, a Welsh public authority or a Northern Ireland public authority to cease to be exercisable by that authority, and

(b) to the extent that a function is exercisable by or on behalf of a Scottish public authority, a Welsh public authority or a Northern Ireland public authority, may not provide for the function also to be exercisable to that extent by another person,

but may (subject to paragraphs (a) and (b)) modify such a function.

(8) Regulations under this section may make provision—

(a) enabling the appropriate authority or a specified person to direct a person to take steps or to refrain from taking steps;

(b) requiring a person given such a direction to comply with it.

(9) But regulations made by the Secretary of State by virtue of subsection (8)(a) may not enable directions to be given—

(a) to a Scottish public authority by a person other than the Scottish Ministers;

(b) to a Welsh public authority by a person other than the Welsh Ministers.

(10) Regulations under this section may require the appropriate authority or a specified person—

(a) to give guidance about specified matters;

(b) to consult specified persons, or persons of a specified description, before giving guidance by virtue of paragraph (a).

(11) Regulations under this section may confer functions, including functions involving the exercise of a discretion—

(a) in the case of regulations made by the Secretary State, on any person;

(b) in any other case, on a person other than a Minister of the Crown.

(12) The functions that may be conferred on a person by virtue of subsection (11) include a function of giving advice in relation to the application or exercise of any other function, whether exercisable by that or another person, under or by virtue of regulations under this section.

(13) In this section—

“protected site” has the meaning determined in accordance with regulations under this section; and those regulations— must be framed so that protected sites consist of natural habitats or habitats of species, and must in particular include protected marine areas;

“qualifying Secretary of State functions” means functions of the Secretary of State in relation to relevant offshore wind activities in (as the case may be) the Welsh inshore region or the Northern Ireland inshore region;

“specified” means specified in regulations under this section.

Regulations under section 293: consultation and procedure

294

(1) The Secretary of State must, before making regulations under section 293, consult—

(a) the Marine Management Organisation,

(b) the Joint Nature Conservation Committee,

(d) the Scottish Ministers and Scottish Natural Heritage, so far as the regulations relate to relevant offshore wind activities or protected sites in Scotland,

(e) the Welsh Ministers and the Natural Resources Body for Wales, so far as the regulations relate to relevant offshore wind activities or protected sites in Wales,

(f) DAERA, so far as the regulations relate to protected sites in Northern Ireland, and

(g) such other persons as the Secretary of State considers appropriate.

(2) Regulations made by the Secretary of State under section 293 are subject to the affirmative procedure.

(3) The Scottish Ministers must, before making regulations under section 293, consult—

(a) the Secretary of State,

(b) the Marine Management Organisation, so far as the regulations relate to protected sites in England or the Northern Ireland offshore region,

(d) the Joint Nature Conservation Committee, so far as the regulations relate to protected sites in such part of the UK marine area as is beyond the seaward limits of the territorial sea,

(e) Scottish Natural Heritage, so far as the regulations relate to protected sites in Scotland,

(f) the Welsh Ministers and the Natural Resources Body for Wales, so far as the regulations relate to protected sites in Wales,

(g) DAERA, so far as the regulations relate to protected sites in Northern Ireland, and

(h) such other persons as they consider appropriate.

(4) Regulations made by the Scottish Ministers under section 293 are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

(5) The Welsh Ministers must, before making regulations under section 293, consult—

(a) the Secretary of State,

(b) the Marine Management Organisation, so far as the regulations relate to protected sites in England or the Northern Ireland offshore region,

(d) the Joint Nature Conservation Committee, so far as the regulations relate to protected sites in such part of the UK marine area as is beyond the seaward limits of the territorial sea,

(e) the Scottish Ministers and Scottish Natural Heritage, so far as the regulations relate to protected sites in Scotland,

(f) the Natural Resources Body for Wales, so far as the regulations relate to protected sites in Wales,

(g) DAERA, so far as the regulations relate to protected sites in Northern Ireland, and

(h) such other persons as they consider appropriate.

(6) The power of the Welsh Ministers to make regulations under section 293 is exercisable by statutory instrument.

(7) A statutory instrument containing regulations made by the Welsh Ministers under section 293 may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru.

(8) DAERA must, before making regulations under section 293, consult—

(a) the Secretary of State,

(b) the Marine Management Organisation, so far as the regulations relate to protected sites in England or the Northern Ireland offshore region,

(d) the Joint Nature Conservation Committee, so far as the regulations relate to protected sites in such part of the UK marine area as is beyond the seaward limits of the territorial sea,

(e) the Scottish Ministers and Scottish Natural Heritage, so far as the regulations relate to protected sites in Scotland,

(f) the Welsh Ministers and the Natural Resources Body for Wales, so far as the regulations relate to protected sites in Wales, and

(g) such other persons as DAERA considers appropriate.

(9) The power of DAERA to make regulations under section 293 is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(10) Regulations may not be made under section 293 by DAERA unless a draft of the regulations has been laid before and approved by a resolution of the Northern Ireland Assembly.

(11) In this section, “protected site” has the same meaning as in section 293.

Interpretation of Chapter 1

295

(1) In this Chapter—

“adverse environmental effect” has the meaning given by section 291 (4);

“consent” means any consent, approval, permission, authorisation or confirmation (however described or given) that is required, or otherwise provided for, by or under primary legislation;

“DAERA” means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;

“England” includes the English inshore region and the English offshore region;

“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (see section 8(1) of that Act);

“Northern Ireland” includes the Northern Ireland inshore region;

“primary legislation” means— an Act of Parliament, an Act or Measure of Senedd Cymru, an Act of the Scottish Parliament, or Northern Ireland legislation;

“protected marine area” has the meaning given by section 291 (6);

“public authority” means— a Minister of the Crown, the Scottish Ministers, the Welsh Ministers, a Northern Ireland department, or any other person with functions of a public nature;

“relevant offshore wind activity” has the meaning given by section 290;

“Scotland” includes the Scottish inshore region and the Scottish offshore region;

“UK marine area” has the meaning given by section 42(1) of the Marine and Coastal Access Act 2009;

“Wales” includes the Welsh inshore region and the Welsh offshore region.

(2) References in this Chapter to the English, Scottish, Welsh or Northern Ireland inshore and offshore regions are to be construed in accordance with the Marine and Coastal Access Act 2009 (see section 322 of that Act).

(3) References in this Chapter—

(a) to a Scottish public authority are to the Scottish Ministers or any other public authority whose functions are exercisable only or mainly in or as regards Scotland;

(b) to a Welsh public authority are to the Welsh Ministers or any other public authority whose functions are exercisable only or mainly in or as regards Wales;

(c) to a Northern Ireland public authority are to a Northern Ireland department or any other public authority whose functions are exercisable only or mainly in or as regards Northern Ireland.

Chapter 2 — Oil and Gas

Environmental protection

Provision of additional police services

296

(1) The Secretary of State may, by regulations, make provision—

(a) requiring a person responsible for infrastructure or a place to which subsection (2) applies to have an emergency plan setting out arrangements for responding to incidents which cause, or may cause, marine oil pollution,

(b) in connection with that requirement, and

(2) This subsection applies to—

(a) an offshore installation, or an offshore well, that is used for or in connection with—

(i) offshore oil and gas operations, or

(ii) offshore production or storage of gas;

(b) offshore infrastructure, including pipelines, connected to such an installation or well;

(d) a facility, that is not offshore, for handling or storing oil or gas;

(e) infrastructure or a place described in any of paragraphs (a) to (d) that is being decommissioned or has been decommissioned or abandoned.

(3) Regulations under subsection (1) may, in particular, make provision in connection with the implementation, maintenance and review of an emergency plan, including provision requiring—

(a) a person to refrain from carrying out activities that may cause marine oil pollution unless and until an emergency plan is in place;

(b) an emergency plan to be reviewed in accordance with the regulations;

(d) a person to ensure readiness to carry out an emergency plan;

(e) a person to carry out an emergency plan.

(4) Regulations under subsection (1) about the reporting of incidents may, in particular—

(a) set out—

(i) circumstances in which a report must be made;

(ii) by whom a report must be made;

(iii) to whom a report must be made;

(b) make provision as to the content and form of a report and the time by which a report must be made.

(5) The Secretary of State may, by regulations, make provision enabling the inspection of infrastructure or a place to which subsection (2) applies.

(6) Regulations under subsection (1) or (5) may, in particular, make provision—

(a) about the meaning which any expression used in subsection (1), (2), (3), (4) or (5) is to have for the purposes of regulations under subsection (1) or (5);

(b) conferring functions on any person;

(d) authorising or requiring, or restricting or prohibiting, the supply or keeping of information (including provision authorising or requiring the supply or keeping of information that would not otherwise be permitted);

(e) creating criminal offences or impose civil penalties (but see subsection (8));

(f) for the purpose of securing compliance with requirements imposed by or under regulations under subsection (1) or (5).

(7) Regulations under subsection (1) or (5) which provide for a fee to be charged in respect of a person performing a function or doing any other thing must secure that, taking one year with another, the income from the fees does not exceed the cost of performing the function or doing the thing.

(8) Regulations under subsection (1) or (5) may not provide—

(a) for a criminal offence to be punishable with imprisonment;

(b) for a civil penalty to exceed £50,000.

(9) Where regulations under subsection (1) or (5) provide for the imposition of a civil penalty, they must also include provision for a right of appeal against the imposition of the penalty.

(10) Regulations under subsection (1) or (5) containing any of the following (with or without other provision) are subject to the affirmative procedure—

(a) provision creating a criminal offence or civil penalty (but excluding provision modifying the circumstances in which a person is guilty of an existing offence or liable for an existing civil penalty);

(b) provision specifying a civil penalty amount.

(11) Any other regulations under subsection (1) or (5) are subject to the negative procedure.

(12) In this section—

“gas” means— “gas” within the meaning of section 2 of the Energy Act 2008, carbon dioxide, and hydrogen;

“oil” means petroleum in any form including crude oil, fuel oil, sludge, oil refuse and refined products.

Habitats: reducing effects of offshore oil or gas activities etc

297

(1) The Secretary of State may, by regulations, make provision requiring the Secretary of State to take into account the implications for relevant sites when deciding whether, or how, to carry out a function (including a function under other regulations under this section) which relates to—

(a) offshore oil and gas activities, or

(b) offshore production or storage of gas.

(2) The Secretary of State may, by regulations, make provision—

(a) prohibiting a specified description of activities from being carried out unless the consent of the Secretary of State has been obtained, and

(b) requiring a person who has obtained such a consent to carry out any activity to which the consent relates in accordance with the consent (and any conditions to which the consent is subject).

(3) The Secretary of State may, by regulations, make provision preventing a specified description of licence from being granted unless the Secretary of State has or Scottish Ministers have—

(a) carried out a specified description of assessment, and

(b) confirmed that the outcome of that assessment does not prevent the licence from being granted.

(4) The Secretary of State may, by regulations, make provision—

(a) authorising the Secretary of State to give a person directions to take steps, or to refrain from taking steps, and

(b) requiring a person given such a direction to comply with it.

(5) The Secretary of State may make regulations under subsection (2), (3) or (4) only if the Secretary of State considers that the regulations would contribute to the protection of relevant sites from adverse effects of—

(a) offshore oil and gas activities, or

(b) offshore production or storage of gas.

(6) For the purposes of regulations made under another provision of this section, “relevant site” has the meaning determined in accordance with the regulations; and those regulations—

(a) must be framed so that relevant sites consist of natural habitats or habitats of species;

(b) may, where they are framed by reference to provision made by other legislation, be framed so as to include natural habitats or habitats of species that are likely to fall within that provision of that other legislation.

(7) Regulations under this section may—

(a) make provision about the meaning which any expression used in this section is to have for the purposes of regulations under this section;

(b) confer functions on any person (including a function of giving advice in relation to the application or exercise of any other function, whether exercisable by that or another person, under regulations under this section);

(d) provide for the charging of fees;

(e) authorise, or restrict or prohibit, the supply or keeping of information (including authorisation of the supply or keeping of information that would not otherwise be permitted);

(f) create criminal offences or impose civil penalties (but see subsection (8));

(g) make other provision for the purpose of securing compliance with requirements imposed by or under regulations under this section.

(8) Regulations under this section may not provide—

(a) for a criminal offence to be punishable with imprisonment or, on summary conviction, to a fine exceeding the statutory maximum;

(b) for a civil penalty of a fixed amount to exceed £2,500 or of a variable amount to exceed £50,000.

(9) Where regulations under this section provide for the imposition of a civil penalty, they must also include provision for a right of appeal against the imposition of the penalty.

(10) Regulations under this section are subject to the affirmative procedure.

(11) In this section—

“licence” means anything (however described) which permits a person to do something;

“specified” means specified in regulations under this section.

Regulations under sections 296 and 297: procedure with devolved authorities

298

Regulations under section 296 1 Before making regulations under section 296 that contain provision within devolved competence, the Secretary of State must give notice to each relevant devolved authority— a stating that the Secretary of State proposes to make regulations under that section, b setting out or describing the provision that is within the relevant devolved competence, and c specifying the period (of not less than 28 days from the date on which the notice is given) within which representations may be made with respect to that provision, and must consider any representations duly made and not withdrawn. 2 The Secretary of State need not wait until the end of the period specified under subsection (1)(c) before making regulations if, before the end of that period, each relevant devolved authority to which the notice was given has confirmed that it has made any representations it intends to make with respect to the provision referred to in subsection (1)(b). 3 The Secretary of State must, if requested to do so by a relevant devolved authority, give the authority a statement setting out whether and how representations made by the authority with respect to the provision referred to in subsection (1)(b) have been taken into account in the regulations. 4 In subsections (1) to (3), “relevant devolved authority”, in relation to regulations, means— a the Scottish Ministers, if the regulations contain provision within Scottish devolved competence; b the Welsh Ministers, if the regulations contain provision within Welsh devolved competence; c the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, if the regulations contain provision within Northern Ireland devolved competence; and “the relevant devolved competence”, in relation to a relevant devolved authority, is to be construed accordingly.

Regulations under section 297 5 The Secretary of State may not make regulations under section 297 containing provision within Scottish devolved competence unless the Scottish Ministers have consented to that provision. 6 The Secretary of State may not make regulations under section 297 containing provision within Welsh devolved competence unless the Welsh Ministers have consented to that provision.

Devolved competence 7 For the purposes of this section, provision— a is within Scottish devolved competence if it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament; b is within Welsh devolved competence if it would be within the legislative competence of Senedd Cymru if it were contained in an Act of the Senedd (ignoring any requirement for the consent of a Minister of the Crown imposed under Schedule 7B to the Government of Wales Act 2006); c is within Northern Ireland devolved competence if it— i would be within the legislative competence of the Northern Ireland Assembly if it were contained in an Act of that Assembly, and ii would not, if it were contained in a Bill in the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998; and references to provision being within devolved competence are to provision that is within Scottish, Welsh or Northern Ireland devolved competence.

Decommissioning: charging

Charges in connection with abandonment of offshore installations

299

(1) In the Petroleum Act 1998, after section 38B insert—

(38C) (1) The Secretary of State may by regulations made by statutory instrument provide for payment to the Secretary of State of charges for or in connection with the carrying out by the Secretary of State of the Secretary of State’s functions under this Part. (2) Regulations under this section may provide that a charge is to be of an amount— (a) specified in the regulations, or (b) determined by the Secretary of State in accordance with the regulations. (3) Regulations under this section may specify matters to which the Secretary of State must have regard when determining the amount of a charge. (4) Regulations under this section may specify— (a) how a charge is to be paid; (b) when a charge is to be paid; (c) the person by whom a charge is to be paid. (5) Provision made by virtue of subsection (4)(c) may confer a discretion on the Secretary of State. (6) Regulations under this section may— (a) include incidental, supplementary or consequential provision; (b) include transitory or transitional provision or savings; (c) make different provision for different purposes. (7) Before making regulations under this section, the Secretary of State must consult organisations in the United Kingdom that appear to the Secretary of State to be representative of persons who are likely to be affected by the regulations. (8) The Secretary of State must not make regulations under this section without the consent of the Treasury. (9) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(2) In section 30 of the Energy Act 2008 (abandonment of installations), in subsection (2)(a), for the words from “the reference” to “Scottish Parliament” substitute “sections 38C(9) and 39(6) of the 1998 Act are to be read as if each of those sections imposed a requirement that regulations under the section concerned are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010)”.

(3) The Petroleum Act 1998 is amended as follows in consequence of subsection (1).

(4) In section 29 (preparation of programmes), omit subsection (5).

(5) In section 33(4) (failure to submit programmes), for the words from “any fee” to the end substitute “any charge that would have been payable by those persons in accordance with regulations under section 38C if they had complied with the notice under section 29(1)”.

(6) In section 34(4) (revision of programmes), omit the words from “and a person” to the end.

(7) In section 39 (regulations)—

(a) in subsection (2), omit paragraph (e);

(b) in subsection (5), omit the words from “and he” to the end.

Change in control of licensee

Model clauses of petroleum licences

300

(1) Schedule 21 amends model clauses contained in—

(a) the Petroleum (Production) (Landward Areas) Regulations 1995 (S.I. 1995/1436),

(b) the Petroleum (Current Model Clauses) Order 1999 (S.I. 1999/160),

(d) the Petroleum Licensing (Production) (Seaward Areas) Regulations 2008 (S.I. 2008/225), and

(e) the Petroleum Licensing (Exploration and Production) (Landward Areas) Regulations 2014 (S.I. 2014/1686).

(2) Where a licence granted (or having effect as if granted) by the Oil and Gas Authority under the Petroleum (Production) Act 1934 or the Petroleum Act 1998—

(a) incorporates model clauses amended by a paragraph of Schedule 21 (whether or not any provision of those model clauses is modified or excluded), and

(b) is in force immediately before that paragraph comes into force,

the licence has effect with the amendments provided for by that paragraph.

(3) The power conferred by reason of the amendment made by paragraph 70 (2) of Schedule 21 to partially revoke a licence because of the occurrence of an event mentioned in model clause 41(2)(h) in Schedule 2 to the Petroleum Licensing (Exploration and Production) (Landward Areas) Regulations 2014 may not be exercised as a result of such an event which occurred before the commencement of paragraph 70 of Schedule 21.

(4) A reference in any document to provisions of a licence which are amended by Schedule 21 is to be construed, unless the nature of the document or the context otherwise requires, as a reference to those provisions as amended.

(5) A provision inserted in a licence by virtue of Schedule 21 may be altered or deleted by deed executed by the Secretary of State and the licensee or, as respects Scotland, by an instrument subscribed or authenticated by the Secretary of State and the licensee in accordance with the Requirements of Writing (Scotland) Act 1995.

Power of OGA to require information about change in control of licensee

301

After section 5C of the Petroleum Act 1998 insert—

(5D) (1) This section applies in relation to a licence granted (or having effect as if granted) by the OGA under this Part which includes provisions prohibiting a change in control of a licensee which is a company without the OGA’s consent. (2) The OGA may by notice in writing require a person within subsection (3) to provide the OGA with any information that it requires for the purpose of exercising its functions in relation to a change or potential change in control of a licensee which is a company. (3) The persons within this subsection are— (a) the company; (b) the person who (if consent were granted) would take control of the company; (c) if the company and another person or persons are the licensee, that other person or those other persons; (d) any person not within any of paragraphs (a) to (c) who appears to the OGA to have information that it requires as mentioned in subsection (2). (4) The power conferred by this section does not include power to require the provision of any information that would be protected from disclosure or production in legal proceedings on grounds of legal professional privilege or, in Scotland, confidentiality of communications. (5) Nothing in this section limits any power of the OGA to require information under— (a) regulations under this Part, or (b) the terms of a licence under this Part.

Part 14 — Civil nuclear sector

Chapter 1 — Civil nuclear sites

Application to the territorial sea of requirement for nuclear site licence

302

(1) The Nuclear Installations Act 1965 is amended in accordance with subsections (2) and (3).

(2) In section 1 (restriction of certain nuclear installations to licensed sites), after subsection (11) insert—

(12) In this section, “site” includes a site situated wholly or partly in or under the territorial sea adjacent to the United Kingdom.

(3) In section 26(1) (interpretation), in the definition of “the appropriate national authority”—

(a) in paragraph (a), after “Scotland” insert “(including the territorial sea adjacent to them)”;

(b) in paragraph (b), after “Northern Ireland” insert “(including the territorial sea adjacent to it)”.

(4) In section 68 of the Energy Act 2013 (nuclear safety purposes), after subsection (3) insert—

(4) In the definition of “relevant nuclear installation” in subsection (3), the reference to a site in England, Wales or Scotland includes a site situated wholly or partly in or under the territorial sea adjacent to them.

Decommissioning of nuclear sites etc

303

(1) The Nuclear Installations Act 1965 is amended as follows.

(2) In section 1 (restriction of certain nuclear installations to licensed sites), after subsection (12) (inserted by section 302 of this Act) insert—

(13) The reference in subsection (1) to operating a nuclear reactor or an installation of a prescribed kind includes a reference to decommissioning a nuclear reactor or such an installation.

(3) In section 3 (grant and variation of nuclear site licences)—

(a) in subsection (12)(b), for the words from “there” to the end substitute “the applicable condition or conditions set out in section 3A are met.”;

(b) after subsection (12) insert—

(12A) The appropriate national authority must consult the Health and Safety Executive before varying a nuclear site licence under subsection (12).

(4) After section 3 insert—

(3A) (1) This section sets out the applicable condition or conditions for excluding any part of a licensed site (“the relevant part”) from a nuclear site licence. (2) Where a prescribed disposal installation is or has at any time been situated within the relevant part, the applicable condition is that there is no danger from ionising radiations from anything on the relevant part. (3) Where any nuclear installation, other than a prescribed disposal installation, is or has at any time been situated within the relevant part, the applicable conditions (subject to subsection (5)) are that— (a) the use of any such installation within the relevant part has permanently ceased, (b) appropriate measures for the containment and control of any remaining radioactivity are in place, (c) the relevant part meets the radioactivity exclusion criteria and the dose exclusion criteria, and (d) it is no longer necessary or desirable in the interests of safety for a nuclear site licence to be in force in respect of the relevant part. (4) In any other case, the applicable conditions (subject to subsection (5)) are that— (a) the relevant part meets the dose exclusion criteria, and (b) it is no longer necessary or desirable in the interests of safety for a nuclear site licence to be in force in respect of the relevant part. (5) In a case to which, but for this subsection, subsection (3) or (4) would apply, the licensee may elect that the condition set out in subsection (2) is to apply to the relevant part (instead of the conditions in subsection (3) or (4)). (6) In this section— - “2014 Decision” means the Decision and Recommendation of the Steering Committee Concerning the Application of the Paris Convention to Nuclear Installations in the Process of Being Decommissioned, published on 30 October 2014 by the Steering Committee for Nuclear Energy of the Nuclear Energy Agency of the Organisation for Economic Co-operation and Development; - “dose exclusion criteria” means the criteria described in paragraph 3(b) of the Appendix to the 2014 Decision; - “prescribed disposal installation” means an installation— designed or adapted for the disposal of nuclear matter, and of a kind prescribed under section 1(1)(b) at any time after section 303 of the Energy Act 2023 comes into force; - “radioactivity exclusion criteria” means the criteria described in paragraph 3(a) of the Appendix to the 2014 Decision; - “safety”, in relation to the relevant part of a site, is to be construed in accordance with section 4(2).

(5) In section 5 (revocation and surrender of licences)—

(a) in the heading, omit “and surrender”;

(b) in subsection (1)—

(i) omit the “or” after paragraph (a);

(ii) omit paragraph (b);

(d) in subsection (3), omit “or surrendered”;

(e) in subsection (15)(a), for the words from “that in the authority’s opinion” to the end substitute

— (i) as respects the licensee’s period of responsibility for the licensed site, that in the authority’s opinion each part of the site meets the condition or conditions set out in section 5A that apply in relation to that part of the site, or (ii) as respects the licensee’s period of responsibility for any part of the site, that in the authority’s opinion the part in question meets the condition or conditions set out in section 5A that apply in relation to that part.

;

(f) after subsection (15)(b) insert—

(ba) the date when a person (whether the licensee or some other person) becomes the operator of a relevant disposal site comprising the site in question or, as the case may be, that part of it; (bb) the date when the site or, as the case may be, the part of it in question becomes an excluded disposal site;

(6) After section 5 insert—

(5A) (1) This section sets out the applicable condition or conditions for determining when a licensee’s period of responsibility for a part of a licensed site (“the relevant part”) ends under section 5(15)(a)(i) or (ii). (2) Where a prescribed disposal installation or a licensed disposal site is or has at any time been situated within the relevant part, the applicable condition is that there is no danger from ionising radiations from anything on the relevant part. (3) Where any nuclear installation, other than a prescribed disposal installation, is or has at any time been situated within the relevant part, the applicable conditions (subject to subsection (5)) are that— (a) the use of any such installation within the relevant part has permanently ceased, (b) appropriate measures for the containment and control of any remaining radioactivity are in place, and (c) the relevant part meets the radioactivity exclusion criteria and the dose exclusion criteria. (4) In any other case, the applicable condition (subject to subsection (5)) is that the relevant part meets the dose exclusion criteria. (5) In a case to which, but for this subsection, subsection (3) or (4) would apply, the licensee may elect that the condition set out in subsection (2) is to apply to the relevant part (instead of the conditions in subsection (3) or (4)). (6) In this section— - “2014 Decision” means the Decision and Recommendation of the Steering Committee Concerning the Application of the Paris Convention to Nuclear Installations in the Process of Being Decommissioned, published on 30 October 2014 by the Steering Committee for Nuclear Energy of the Nuclear Energy Agency of the Organisation for Economic Co-operation and Development; - “dose exclusion criteria” means the criteria described in paragraph 3(b) of the Appendix to the 2014 Decision; - “licensed disposal site” means a site that would be, or would at any time have been, a relevant disposal site but for section 7B(5)(a) (nuclear site licence granted in respect of site); - “prescribed disposal installation” means an installation— designed or adapted for the disposal of nuclear matter, and of a kind prescribed under section 1(1)(b) at any time after section 303 of the Energy Act 2023 comes into force; - “radioactivity exclusion criteria” means the criteria described in paragraph 3(a) of the Appendix to the 2014 Decision.

(7) In section 7B (duties in respect of relevant disposal sites)—

(a) after subsection (2) insert—

(2A) The operator of a site that would be a relevant disposal site but for subsection (5)(a) is to be treated for the purposes of subsection (2)(a)(ii) as becoming the operator of the site on the date when— (a) the nuclear site licence in question is varied under section 3(12) to exclude the site from it, or (b) the nuclear site licence in question is revoked under section 5(1).

;

(b) in subsection (5)(a), after “granted” insert “(subject to subsection (5A))”;

(5A) Subsection (5)(a) does not apply where a licence has ceased to be in force in respect of the site as a result of section 3(12) (exclusion of part of site from licence) or section 5(1) (revocation of licence).

(8) In section 27(1) (application of Act to Northern Ireland), after paragraph (a) insert—

(aa) a reference to the Health and Safety Executive is to be construed as a reference to the Health and Safety Executive for Northern Ireland.

Excluded disposal sites

304

(1) The Nuclear Installations Act 1965 is amended as follows.

(2) In section 7B (duties in respect of relevant disposal sites)—

(a) after subsection (2A) (inserted by section 303 of this Act) insert—

(2B) The operator of a site that would be a relevant disposal site but for subsection (7A) is to be treated for the purposes of subsection (2)(a)(ii) as becoming the operator of the site on the date when the site ceases to be an excluded disposal site.

;

(b) after subsection (3)(d) insert—

(e) the date when the Secretary of State gives notice under section 7C (1)(b) that the site is an excluded disposal site.

;

(3A) Where a site to which subsection (2B) applies was a relevant disposal site before it became an excluded disposal site, subsection (2) has effect in respect of— (a) the period beginning by virtue of subsection (2)(a), and (b) any further period beginning by virtue of subsection (2B).

;

(d) in subsection (4), for “and (7)” substitute “, (7) and (7A)”;

(e) after subsection (7) insert—

(7A) A site is not a relevant disposal site if it is an excluded disposal site.

;

(f) in subsection (9), in the definition of “appropriate permit”—

(i) after paragraph (a) insert—

(aa) in relation to a site in Scotland, a permit under regulations made under section 18 of the Regulatory Reform (Scotland) Act 2014 (2014 asp 3) authorising a person to use the site for the disposal of radioactive waste;

;

(ii) in paragraph (b), omit “Scotland or”.

(3) After section 7B insert—

(7C) (1) A site that is used or intended to be used for the operation of an installation for the disposal of nuclear matter is an excluded disposal site if— (a) the Secretary of State is satisfied, on an application by the operator of the site, that the site meets— (i) the permit condition, (ii) the site history condition, and (iii) such other conditions as may be prescribed, and (b) the Secretary of State gives the operator notice in writing to that effect. (2) In this section, “disqualifying matter” means nuclear matter that exceeds the radioactivity concentration limits set out in paragraph 3(a) of the Appendix to the 2016 Decision. (3) The permit condition is that— (a) an appropriate permit is in force in respect of the site, and (b) that permit includes a condition preventing the site from receiving disqualifying matter. (4) The site history condition is that— (a) disqualifying matter has not at any time been accepted for disposal at the site, or (b) any disqualifying matter previously accepted for disposal at the site has been removed from the site. (5) An application under subsection (1)(a) must be accompanied by such documents as may be prescribed. (6) Regulations made under subsection (5) may— (a) specify requirements relating to the preparation, approval or review of a prescribed document; (b) require an operator to provide a copy of a prescribed document to a person other than the Secretary of State; (c) make different provision for different purposes. (7) A site ceases to be an excluded disposal site if the site no longer meets the permit condition or any condition prescribed under subsection (1)(a)(iii). (8) Where the appropriate permit in force in respect of an excluded disposal site is transferred to a new operator, the site ceases to be an excluded disposal site at the end of the period of one month beginning with the date on which the permit is transferred unless, before the end of that period— (a) the new operator notifies the Secretary of State of the transfer, and (b) the Secretary of State gives the new operator notice in writing that the Secretary of State consents to the site continuing to be an excluded disposal site. (9) The Secretary of State must notify the Scottish Ministers of any notification given under subsection (1)(b) in relation to a site in Scotland. (10) In this section— - “2016 Decision” means the Decision and Recommendation Concerning the Application of the Paris Convention on Third Party Liability in the Field of Nuclear Energy to Nuclear Installations for the Disposal of Certain Types of Low-level Radioactive Waste published on 16 January 2017 by the Steering Committee for Nuclear Energy of the Nuclear Energy Agency of the Organisation for Economic Co-operation and Development; - “appropriate permit” has the meaning given in section 7B(9). (7D) (1) This section applies where disqualifying matter is accepted at an excluded disposal site; and for the purposes of this section the acceptance of such matter is referred to as “the breach”. (2) The operator of the site must notify the Secretary of State of the breach before the end of the notification period. (3) “The notification period” means the period of 21 days beginning with the day on which the operator becomes aware of the breach. (4) The site ceases to be an excluded disposal site at the end of the notification period unless the operator complies with the duty under subsection (2). (5) An operator who has complied with the duty under subsection (2) must remove the disqualifying waste from the site before the end of the removal period. (6) “The removal period” means— (a) the period of 90 days beginning with the day on which the operator notifies the Secretary of State of the breach, or (b) such longer period as the Secretary of State may specify before the end of the period mentioned in paragraph (a) if satisfied that the operator is taking all reasonable steps to remove the disqualifying matter from the site. (7) The site ceases to be an excluded disposal site at the end of the removal period unless before the end of that period— (a) the Secretary of State is satisfied that the disqualifying waste has been removed from the site, and (b) the Secretary of State gives the operator notice in writing to that effect. (8) In this section, “disqualifying matter” has the meaning given by section 7C.

(4) In section 20 (furnishing of information relating to operator’s cover), after subsection (5) insert—

(5A) Subsection (4) does not apply where the operator of a relevant disposal site makes an application to the Secretary of State under section 7C(1)(a) (application for site to be excluded disposal site).

(5) In section 26(1) (interpretation), at the appropriate place insert—

“excluded disposal site” has the meaning given by section 7C;

Accession to Convention on Supplementary Compensation for Nuclear Damage

305

Schedule 22 contains amendments to the Nuclear Installations Act 1965 to implement the Convention on Supplementary Compensation for Nuclear Damage.

Power to implement Convention on Supplementary Compensation for Nuclear Damage

306

(1) The Secretary of State may by regulations make such provision as the Secretary of State considers appropriate—

(a) to implement the CSC, or

(b) otherwise for the purposes of dealing with any other matter arising out of, or related to, the CSC.

(2) The provision that may be made by virtue of subsection (1) includes provision that is authorised by the CSC to be made in relation to a particular matter.

(3) Regulations under this section may amend—

(a) Schedule 22,

(b) the Nuclear Installations Act 1965, or

(4) In this section, “the CSC” means the Convention on Supplementary Compensation for Nuclear Damage (as amended or supplemented from time to time).

(5) Regulations under this section are subject to the affirmative procedure.

Chapter 2 — Civil Nuclear Constabulary

Provision of additional police services

307

(1) After section 55 of the Energy Act 2004 insert—

(55A) (1) The Constabulary may, with the consent of the Secretary of State, provide additional police services to any person. (2) In this Chapter, “additional police services” means services relating to the protection of places, persons or materials. (3) In subsection (2), “place” includes— (a) premises, facilities or equipment at a place; (b) any vehicle, vessel, aircraft or hovercraft. (4) The Secretary of State must not give consent for the purposes of subsection (1) unless satisfied, on an application made by the Police Authority, that— (a) the provision of the additional police services in question is in the interests of national security, (b) the provision by the Constabulary of those services will not prejudice the carrying out of its primary function under section 52(2), and (c) it is reasonable in all the circumstances for the Constabulary to provide those services. (5) Before giving consent for the purposes of subsection (1), the Secretary of State must consult the chief constable. (6) The chief constable must ensure that the provision by the Constabulary of additional police services does not prejudice the carrying out of its primary function under section 52(2). (7) Consent given for the purposes of subsection (1)— (a) must specify the period of time (not exceeding 5 years) for which it has effect; (b) may, subject to subsections (8) and (9), be withdrawn at any time if the Secretary of State is no longer satisfied of the matters mentioned in subsection (4). (8) Where the Secretary of State proposes to withdraw consent given for the purposes of subsection (1), the Secretary of State must consult the Police Authority. (9) If, following consultation under subsection (8), the Secretary of State decides to withdraw consent given for the purposes of subsection (1), the Secretary of State must give such notice to the Police Authority as is reasonably practicable of the date on which the consent will cease to have effect. (10) The Police Authority may enter into an agreement with any person for the provision of additional police services by the Constabulary under this section. (11) The Police Authority must publish, as soon as is reasonably practicable and in such manner as the Authority considers appropriate— (a) the name of any person or persons to whom additional police services are to be provided under this section, and (b) (subject to subsections (12) and (13)) such information about the place or places at which those services are to be provided as the Police Authority considers may be published without prejudicing the interests of national security. (12) The Police Authority must consult the Secretary of State before publishing the information referred to in subsection (11)(b). (13) The Secretary of State may direct the Police Authority not to publish information about the place or places at which additional police services are to be provided where the Secretary of State considers that publication of the information would prejudice the interests of national security. (14) The Police Authority must comply with a direction given by the Secretary of State under subsection (13).

(2) In section 56 of that Act (jurisdiction of Constabulary), after subsection (3) insert—

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

(3) In section 71(1) of that Act (interpretation), at the appropriate place insert—

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

(4) The Counter-Terrorism Act 2008 is amended as follows—

(a) in section 85(2) (costs of policing at gas facilities: England and Wales), after paragraph (a) omit “or” and insert—

(aa) the services of the Civil Nuclear Constabulary provided under section 55A of the Energy Act 2004, or

;

(b) in section 86(2) (costs of policing at gas facilities: Scotland), after paragraph (a) omit “or” and insert—

(aa) the services of the Civil Nuclear Constabulary provided under section 55A of the Energy Act 2004, or

Provision of assistance to other forces

308

(1) The Energy Act 2004 is amended as follows.

(2) After section 55A (inserted by section 307 of this Act) insert—

(55B) (1) The chief constable may, on the application of the chief officer of a relevant force, provide members of the Constabulary or other assistance for the purpose of enabling that force to meet any special demand on its resources. (2) The policing body maintaining a relevant force for which assistance is provided under this section must pay to the Police Authority such charges— (a) as may be agreed between the policing body and the Police Authority, or (b) in the absence of any such agreement, as may be determined by the Secretary of State. (3) The chief constable must ensure that the provision of assistance under this section does not prejudice the carrying out of the primary function of the Constabulary under section 52(2). (4) In this section— - “chief officer” means— a chief officer of police of a police force for a police area in England and Wales; the chief constable of the Police Service of Scotland; the chief constable of the British Transport Police Force; or the chief constable of the Ministry of Defence Police; - “policing body” means— in relation to a police force for a police area in England and Wales, the relevant local policing body in the meaning of section 101(1) of the Police Act 1996; in relation to the Police Service of Scotland, the Scottish Police Authority; in relation to the British Transport Police Force, the British Transport Police Authority; in relation to the Ministry of Defence Police, the Secretary of State; - “relevant force” means— a police force for a police area in England and Wales; the Police Service of Scotland; the British Transport Police Force; or the Ministry of Defence Police.

(3) In section 59 (members of constabulary serving with other forces), after subsection (3) insert—

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

Cross-border enforcement powers

309

(1) Part 10 of the Criminal Justice and Public Order Act 1994 (cross-border enforcement) is amended as follows.

(2) In section 136 (execution of warrants)—

(a) in subsection (1), after “2003” insert “or under section 55 of the Energy Act 2004”;

(b) in subsection (2), after “2003” insert “or under section 55 of the Energy Act 2004”.

(3) In section 137(2A) (cross-border powers of arrest), after “2003” insert “or under section 55 of the Energy Act 2004”.

(4) In section 137A(5) (additional cross-border powers of arrest: urgent cases), after “2003” insert “or under section 55 of the Energy Act 2004”.

(5) In section 139 (search powers available on arrest)—

(a) in subsection (10A), after “British Transport Police” insert “or a constable appointed as a member of the Civil Nuclear Constabulary”;

(b) in subsection (10C), after “British Transport Police” insert “or a constable appointed as a member of the Civil Nuclear Constabulary”.

(6) In section 140(6A) (reciprocal powers of arrest), after “2003” insert “or under section 55 of the Energy Act 2004”.

Publication of three-year strategy plan

310

(1) Schedule 12 to the Energy Act 2004 (planning and reports about Constabulary) is amended as follows—

(a) in paragraph 3(1)—

(i) for “financial year” substitute “three-year period”;

(ii) for “the three year period beginning with that year” substitute “that period”;

(b) for paragraph 3(5) substitute—

(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.

(2) In consequence of the amendments made by subsection (1)—

(a) in section 54(1)(b) of the Energy Act 2004 (functions of senior officers), omit “most recently”;

(b) in Schedule 12 to that Act—

(i) in paragraph 2(3), omit “most recently”;

(ii) in paragraph 7(2)(a), omit “most recently issued”.

Chapter 3 — Relevant nuclear pension schemes

Civil nuclear industry: amendment of relevant nuclear pension schemes

311

(1) The Secretary of State may by regulations make provision requiring a designated person to amend the provisions of a relevant nuclear pension scheme in respect of which the person is designated—

(a) for the purpose of making scheme-specific changes;

(b) for the purpose of making changes that relate to any scheme-specific changes;

(2) “Scheme-specific changes”, in relation to a relevant nuclear pension scheme, are changes that—

(a) relate to defined benefits for members of the scheme, and

(b) are in connection with one or more of the matters mentioned in subsection (3).

(3) Those matters are—

(a) securing that the structure under which the defined benefits in question accrue is a career average revalued earnings structure (in particular where it would otherwise be a final salary structure);

(b) providing for other changes to the amounts of such of those defined benefits as are payable in respect of members of the scheme;

(c) providing for revaluations of pensionable earnings, or of benefits in deferment or pensions in payment, to be by reference to the consumer prices index (and not the retail prices index) but not involving imposing a cap on any revaluation or revaluation rate;

(d) setting percentage rates, for contributions to the scheme by members of the scheme, that are higher than they would otherwise be;

(e) setting periods for which contributions to the scheme by members of the scheme are required to be made that are longer than they would otherwise be.

(4) Amendments made by virtue of subsection (1)(b) may include amendments relating to benefits provided under the scheme other than defined benefits.

(5) “Contribution rate adjustments” means such adjustments—

(a) to the rates of contributions to the scheme by its members in respect of defined benefits, or

(b) to the salary bands to which such contribution rates apply,

as are considered appropriate by the designated person (acting on actuarial advice) to ensure that the average contribution rate for members of the scheme in respect of defined benefits is as close as reasonably practicable to 8.2%.

(6) Where a person is required by regulations under this section to amend the provisions of a relevant nuclear pension scheme, the amendments may be made—

(a) free from any consent requirements set out in the scheme, and

(b) notwithstanding provision made by or under any other Act of Parliament, or any rule of law, that would otherwise prevent or limit, or impose conditions on, the making of the amendments.

(7) Amendments made by virtue of subsection (1)(a)—

(a) must not relate to service prior to the date on which the amendments are made;

(b) may be made in the case of a particular scheme on one occasion only.

(8) Nothing in this section limits any power that a designated person has to amend a relevant nuclear pension scheme.

(9) A person may not be designated in relation to a relevant nuclear pension scheme unless it appears to the Secretary of State that the person has the power to amend the scheme.

(10) In this section, “designated” means designated by regulations under this section.

Meaning of “relevant nuclear pension scheme”

312

(1) In this Chapter, “relevant nuclear pension scheme” means—

(a) a pension scheme maintained by or on behalf of the NDA under or by virtue of section 8(1)(a) or (b) of the Energy Act 2004, or

(b) subject to subsections (2) and (3), a scheme that provides for the payment of pensions or other benefits to or in respect of persons who are, or have been, employed to perform duties relating to matters that correspond or are similar to matters in respect of which the NDA has functions.

(2) A scheme of a kind mentioned in subsection (1)(b) is a relevant nuclear pension scheme only to the extent that the pensions or other benefits are provided in connection with employment by a person with public functions.

(3) Subsection (1)(b) does not apply to—

(a) a UKAEA pension scheme (within the meaning given by paragraph 1(1) of Schedule 8 to the Energy Act 2004);

(b) a scheme that provides for the payment of pensions or other benefits to or in respect of persons specified in section 1(2) of the Public Service Pensions Act 2013 (schemes for persons in public service).

(4) In this section, “the NDA” means the Nuclear Decommissioning Authority.

Information

313

(1) This section applies where a person (“P”) is required by regulations under section 311 to amend a relevant nuclear pension scheme.

(2) P may require a person who holds relevant information to provide it to P.

(3) “Relevant information” means any information or data that P reasonably requires in connection with deciding whether, or how, to amend the scheme.

(4) Except as provided by subsection (5), the disclosure of information under this section does not breach—

(a) any obligation of confidence owed by the person making the disclosure, or

(b) any other restriction on the disclosure of information (however imposed).

(5) This section does not require a disclosure of information if the disclosure would contravene the data protection legislation (but in determining whether a disclosure would do so, a requirement imposed under subsection (2) is to be taken into account).

Further definitions

314

(1) This section applies for the purposes of this Chapter.

(2) References to the amendment of a relevant nuclear pension scheme include references to the amendment of any one or more of the following—

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

(b) rules of the scheme;

(3) References to a relevant nuclear pension scheme include references to any section into which the scheme is divided.

(4) A “career average revalued earnings structure” is a structure where—

(a) the pension payable to or in respect of a person, so far as it is based on the person’s pensionable service, is determined by reference to the person’s pensionable earnings in each year of pensionable service, and

(b) those earnings, or a proportion of those earnings accrued as a pension, are under the structure revalued each year until the person leaves pensionable service.

(5) “Consumer prices index” means—

(a) the general index of consumer prices (for all items) published by the Statistics Board, or

(b) where that index is not published for a month, any substituted index or figures published by the Board.

(6) “Defined benefits” are benefits—

(a) that are not money purchase benefits (within the meaning of the Pension Schemes Act 1993), and

(b) that are not provided under an injury or compensation scheme (within the meaning of the Public Service Pensions Act 2013).

(7) A “final salary structure” is a structure where entitlement to the pension payable to or in respect of a person which is based on the pensionable service of that person is or may be determined to any extent by reference to the person’s final salary; and “final salary” here means the person’s pensionable earnings, or highest, average or representative pensionable earnings, in a specified period ending at, or defined by reference to, the time when the person’s pensionable service in relation to the structure terminates.

(8) “Retail prices index” means—

(a) the general index of retail prices (for all items) published by the Statistics Board, or

(b) where that index is not published for a month, any substituted index or figures published by the Board.

Application of relevant pensions legislation

315

(1) The Secretary of State may by regulations make—

(a) such provision about the application of relevant pensions legislation in relation to persons of a specified description, or

(b) such amendments of relevant pensions legislation,

as the Secretary of State considers appropriate for the purposes of or in connection with the amendment of a relevant nuclear pension scheme in pursuance of regulations under section 311.

(2) In this section—

“relevant pensions legislation” means— Schedule 8 to the Energy Act 2004 (pensions), or regulations made under Schedule 14 or 15 to the Electricity Act 1989 (the Electricity Supply Pension Scheme etc);

“specified” means specified in regulations under subsection (1).

Procedure for regulations under Chapter 3

316

(1) Regulations under this Chapter are subject to the affirmative procedure.

(2) If, apart from this subsection, a draft of an instrument containing regulations under this Chapter would be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.

Chapter 4 — Great British Nuclear

Great British Nuclear: designation, status and objects

Great British Nuclear

317

(1) The Secretary of State may by notice designate a company as Great British Nuclear.

(2) A company may be designated under this section only if—

(a) it is limited by shares, and

(b) it is wholly owned by the Crown.

(3) A notice under subsection (1)—

(a) must specify the time from which the designation has effect, and

(b) must be published by the Secretary of State as soon as reasonably practicable after the notice is given.

(4) The designation of a company terminates—

(a) if it ceases to be wholly owned by the Crown, or

(b) if the Secretary of State revokes its designation by notice.

(5) A notice under subsection (4)(b)—

(a) must specify the time from which the revocation has effect, and

(b) must be published by the Secretary of State as soon as reasonably practicable after the notice is given.

(6) For the purposes of this section a company is wholly owned by the Crown if each share in the company is held by—

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