(1) Subsection (2) applies if—
(a) the Secretary of State has reasonable grounds to suspect that a person has committed an offence falling within subsection (5),
(b) the person offers to the Secretary of State an enforcement undertaking in respect of the relevant act or omission, and
(c) the Secretary of State accepts that undertaking.
(2) Unless the person has failed to comply with the undertaking (or any part of it) the person may not at any time be convicted of that offence in respect of the relevant act or omission.
(3) In this Part “enforcement undertaking” means an undertaking to take, within any period specified in the undertaking, action—
(a) for any of the purposes in subsection (4), or
(b) of a description specified in regulations made by the Secretary of State.
(4) The purposes mentioned in subsection (3) are—
(a) to secure that the offence does not continue or recur,
(b) to secure that the position is, so far as possible, restored to what it would have been if the offence had not been committed, or
(c) to benefit any person affected by the offence.
(5) The following offences fall within this subsection—
(a) an offence under—
(i) section 271 (failure to comply with a direction),
(ii) section 275 (contravention of requirement under section 273 or 274), or
(iii) section 280 (false statements etc);
(b) an offence, other than an offence triable only summarily, that is created by regulations under—
(i) section 272 (corresponding powers to make regulations), or
(ii) section 276 (provision of information at regular intervals).
(6) The reference in subsection (4)(c) to action to “benefit any person affected by the offence” includes action by way of the payment of a sum of money.
(7) Where a person from whom the Secretary of State has accepted an enforcement undertaking has failed to comply fully with the undertaking but has complied with part of it, the partial compliance must be taken into account in any decision whether to institute any criminal proceedings in respect of the offence in question.
(8) In this section “relevant act or omission” means an act or omission of the person to which the grounds mentioned in subsection (1)(a) relate.
(9) Regulations under subsection (3)(b) are subject to the affirmative procedure.
(10) Schedule 20 contains further provision about enforcement undertakings, including provision about—
(a) procedure;
(b) compliance certificates;
(c) appeals.
(1) The Secretary of State must issue guidance as to—
(a) the sanctions (including criminal sanctions) to which a person who commits an offence under this Part may be liable,
(b) the action which the Secretary of State may take to enforce offences under this Part, whether by virtue of section 284 and Schedule 20 or otherwise, and
(c) the circumstances in which the Secretary of State is likely to take any such action.
(2) The Secretary of State—
(a) must issue guidance about how the Secretary of State intends to exercise the Secretary of State’s functions under section 284 and Schedule 20;
(b) must have regard to the guidance in exercising the Secretary of State’s functions under those provisions.
(3) Before issuing guidance under this section, the Secretary of State must—
(a) prepare a draft of the proposed guidance;
(b) consult such persons as the Secretary of State considers appropriate;
(c) comply with the requirements of section 286.
(4) The Secretary of State may from time to time revise guidance issued under this section and issue revised guidance.
(5) Subsection (3) applies to revised guidance as it applies to the original guidance.
(6) The Secretary of State must arrange for the publication of guidance (or revised guidance) issued under this section.
(1) Before issuing guidance under section 285, the Secretary of State must lay a draft of the proposed guidance before both Houses of Parliament.
(2) The Secretary of State must not issue the guidance until after the period of 40 days beginning with—
(a) the day on which the draft is laid before both Houses of Parliament, or
(b) if the draft is laid before the House of Lords on one day and the House of Commons on another, the later of those two days.
(3) If before the end of that period either House resolves that the guidance should not be issued, the Secretary of State may not issue it.
(4) In reckoning any period of 40 days for the purposes of subsection (2), no account is to be taken of any time during which—
(a) Parliament is dissolved or prorogued, or
(b) both Houses are adjourned for more than four days.
287 Financial assistance for resilience and continuity purposes
(1) The Secretary of State may, with the consent of the Treasury, provide financial assistance to a core fuel sector participant for the purpose of—
(a) maintaining or improving core fuel sector resilience, or
(b) securing or maintaining continuity of supply of core fuels.
(2) Financial assistance under this section may be given in any form.
(3) Financial assistance under this section may, in particular, be given by way of—
(a) grants,
(b) loans,
(c) guarantee or indemnity,
(d) the acquisition of shares or any other interest in, or securities of, a body corporate,
(e) the acquisition of any undertaking or assets, or
(f) incurring expenditure for the benefit of the person assisted.
(4) Financial assistance under this section may be given on such terms and conditions as the Secretary of State considers appropriate (including provision for repayment, with or without interest).
(5) The Secretary of State is not authorised by this section to give financial assistance in the way described in subsection (3)(d) without the consent of the body corporate concerned.
(1) The Secretary of State may by regulations amend or modify any provision mentioned in subsection (2) for the purpose of varying any amount for the time being specified in that provision.
(2) The provisions are—
(a) section 269(7) (directions to core fuel sector participants);
(b) section 272(5) (corresponding powers to make regulations);
(c) section 273(1) (power to require information);
(d) section 274(2)(a) and (b) (duty to report incidents);
(e) section 276(1) (provision of information at specified intervals).
(3) Regulations under this section are subject to the affirmative procedure.
(1) In this Part—
“company” means a company within the meaning of section 1 of the Companies Act 2006;
“continuity of supply of core fuels” is to be interpreted in accordance with section 268(7);
“core fuel sector activity” has the meaning given by section 268;
“core fuel sector participant” has the meaning given by section 268(6);
“core fuel sector resilience” has the meaning given by section 268(5);
“core fuels” has the meaning given by section 268(4);
“crude oil” means any liquid hydrocarbon mixture occurring naturally in the earth whether or not treated to render it suitable for transportation, and includes—
crude oils from which distillate fractions have been removed, and
crude oils to which distillate fractions have been added;
“crude oil based fuel” means any fuel comprised wholly or mainly of crude oil or substances derived from crude oil;
“enactment” includes—
an enactment contained in subordinate legislation (as defined in section 21 of the Interpretation Act 1978);
an enactment contained in, or in an instrument made under, a Measure or Act of Senedd Cymru;
an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;
an enactment contained in, or in an instrument made under, Northern Ireland legislation;
any retained direct EU legislation;
“enforcement undertaking” has the meaning given by section 284;
“oil” means—
crude oil;
crude oil based fuels;
components;
“the owned facility”, in relation to a Part 12 facility owner, has the meaning given by section 268(11);
“Part 12 facility owner” has the meaning given by section 268(11);
“person carrying on core fuel sector activities” is to be interpreted in accordance with section 268(13);
“relevant activities or assets” is to be interpreted in accordance with section 268(10);
“relevant wetstock manager” has the meaning given by section 273(3);
“renewable transport fuel” has the meaning given by section 132 of the Energy Act 2004;
“terminal” means any site for the storage in bulk of oil or renewable transport fuel.
(2) In this Part references to the “capacity” of a business or of a facility or infrastructure are to be interpreted in accordance with section 269(8).
(3) References in this Part to a person carrying on business include references to a person carrying on business in partnership with one or more other persons.
(4) For the purposes of the definition of “oil” in subsection (1) “component” means any substance (whether or not derived from crude oil) of a kind which is mixed with other substances to produce a crude oil based fuel.
(1) In this Chapter, “relevant offshore wind activity” means—
(a) the planning, construction, operation or decommissioning of offshore wind electricity infrastructure, or
(b) the identification of an area for activity within paragraph (a) (whether or not any particular offshore wind electricity infrastructure is in contemplation).
(2) In subsection (1), “offshore wind electricity infrastructure” means—
(a) a generating station, in the UK marine area, that generates electricity from wind (an “offshore wind generating station”), or
(b) infrastructure, in the UK marine area, used or intended for use in connection with—
(i) an offshore wind generating station, or
(ii) the conveyance of electricity generated by an offshore wind generating station.
(3) For the purposes of the reference in subsection (2)(b)(ii) to infrastructure used or intended for use in connection with the conveyance of electricity generated by an offshore wind generating station, it does not matter whether the infrastructure is also used or intended for use in connection with the conveyance of electricity generated from other sources.
291 Strategic compensation for adverse environmental effects
(1) This section applies where a public authority is subject to one or more environmental compensation obligations in relation to relevant offshore wind activities.
(2) “Environmental compensation obligation” means—
(a) a statutory duty (however expressed) to secure that measures are taken to compensate for adverse environmental effects of an activity, or
(b) a statutory condition (however expressed) requiring a public authority, before granting consent for the doing of an act by a person (“P”) in connection with an activity, to be satisfied that P will take or secure the taking of measures to compensate for adverse environmental effects of the act.
(3) The public authority may determine that—
(a) measures taken or secured by the authority in the exercise of any of its functions, or
(b) measures to be taken or secured by the authority in the exercise of any of its functions,
are to count towards discharging the environmental compensation obligation or obligations to which the authority is subject.
(4) In this Chapter, “adverse environmental effect” means—
(a) anything that adversely affects the integrity of any site comprised in the national site network, or
(b) anything that hinders the achievement of the conservation objectives stated for a protected marine area.
(5) The measures referred to in subsection (3) may be measures taken at the site or sites of the activities to which the measures relate or elsewhere.
(6) In this section—
“act” includes omission;
“the national site network” has the same meaning as in the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012);
“protected marine area” means an area designated under—
section 116 of the Marine and Coastal Access Act 2009 or section 13 of the Marine Act (Northern Ireland) 2013 (c. 10 (N.I.)) (marine conservation zones), or
section 67(1)(a) of the Marine (Scotland) Act 2010 (asp 5) (marine protected areas);
“statutory”, in relation to a duty or condition, means imposed by or under primary legislation.
(7) For the purposes of subsection (3), a public authority (“authority A”) may, with the consent of another public authority (“authority B”), treat measures taken or secured (or to be taken or secured) by authority B as taken or secured (or to be taken or secured) by authority A in the exercise of any of its functions.
(8) In subsection (4)(b), the reference to the conservation objectives stated for a protected marine area is a reference to the conservation objectives stated for the area pursuant to (as the case may be) section 117(2)(b) of the Marine and Coastal Access Act 2009, section 14(2)(b) of the Marine Act (Northern Ireland) 2013 or section 68(3)(b) of the Marine (Scotland) Act 2010.
(1) The Secretary of State may by regulations make provision for the establishment, operation and management of one or more marine recovery funds.
(2) A marine recovery fund is a fund—
(a) into which payments may be made in respect of relevant offshore wind activities, and
(b) out of which payments may be made towards expenditure on measures to compensate for adverse environmental effects of relevant offshore wind activities.
(3) The following provisions of this section are without prejudice to the generality of subsection (1).
(4) Regulations under this section may make provision—
(a) enabling a determination to be made, by or on behalf of the relevant person, as to whether (and, if so, the extent to which) a payment into the fund discharges a compensation condition imposed on another person in connection with the granting of consent in respect of a relevant offshore wind activity;
(b) for a payment into the fund to be treated as discharging a compensation condition to the extent (if any) determined by virtue of paragraph (a).
(5) “Compensation condition”, in relation to a person, means a condition requiring the person to take measures to compensate for adverse environmental effects of a relevant offshore wind activity.
(6) “Relevant person”, for the purposes of a determination made by virtue of subsection (4)(a), means the person who imposed the compensation condition.
(7) Regulations under this section may make provision—
(a) enabling payments to be made out of the fund towards expenditure described in subsection (2)(b);
(b) about the persons to whom such a payment may be made;
(c) enabling conditions to be imposed on a person to whom such a payment is made in connection with the taking of measures described in subsection (2)(b).
(8) Regulations under this section may make provision—
(a) about the recovery of costs incurred in connection with the exercise of functions conferred by the regulations;
(b) conferring functions, including functions involving the exercise of a discretion, on the Secretary of State;
(c) for the delegation of functions conferred on the Secretary of State, where the functions relate to the operation or management of a marine recovery fund.
(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;
(c) to a Northern Ireland public authority requires the consent of DAERA.
(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,
(c) DAERA, so far as the regulations relate to relevant offshore wind activities in Northern Ireland, and
(d) such other persons as the Secretary of State considers appropriate.
(13) Regulations under this section are subject to the negative procedure.
(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;
(c) specifying the person by whom an assessment, or a specified kind of assessment, must be carried out;
(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;
(c) in the case of regulations made by the Welsh Ministers—
(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,
(c) regulation 29 of the Conservation of Offshore Marine 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.
294 Regulations under section 293: consultation and procedure
(1) The Secretary of State must, before making regulations under section 293, consult—
(a) the Marine Management Organisation,
(b) the Joint Nature Conservation Committee,
(c) Natural England,
(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,
(c) Natural England, so far as the regulations relate to protected sites in England,
(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,
(c) Natural England, so far as the regulations relate to protected sites in England,
(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,
(c) Natural England, so far as the regulations relate to protected sites in England,
(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.
(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.
296 Arrangements for responding to marine oil pollution
(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
(c) about the reporting of such incidents.
(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;
(c) a harbour;
(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;
(c) the amendment or replacement of an emergency plan in circumstances specified in 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;
(c) providing for the charging of fees (but see subsection (7));
(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.
297 Habitats: reducing effects of offshore oil or gas activities etc
(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);
(c) provide for the modification or revocation of any consent given under regulations under subsection (2);
(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.
298 Regulations under sections 296 and 297: procedure with devolved authorities
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.
299 Charges in connection with abandonment of offshore installations
(1) In the Petroleum Act 1998, after section 38B insert—
Charges in connection with exercise of functions under Part 4
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.
(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),
(c) the Petroleum Licensing (Exploration and Production) (Seaward and Landward Areas) Regulations 2004 (S.I. 2004/352),
(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.
301 Power of OGA to require information about change in control of licensee
After section 5C of the Petroleum Act 1998 insert—
OGA’s power to require information about change in control of licensee
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.
302 Application to the territorial sea of requirement for nuclear site licence
(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.
(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.
;
(c) after subsection (3) insert—
(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—
Excluded disposal sites
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).
Excluded disposal sites: acceptance of disqualifying matter
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;
.
306 Power to implement Convention on Supplementary Compensation for Nuclear Damage
(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
(c) any other enactment having effect in relation to a matter to which the CSC relates.
(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.
(1) After section 55 of the Energy Act 2004 insert—
Additional services
Provision of additional police services
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
.
(1) The Energy Act 2004 is amended as follows.
(2) After section 55A (inserted by section 307 of this Act) insert—
Provision of assistance to other forces
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).
(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”.
(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”.
311 Civil nuclear industry: amendment of relevant nuclear pension schemes
(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;
(c) for the purpose of making contribution rate adjustments.
(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.
(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.
(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).
(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;
(c) any other instrument relating to the constitution, management or operation 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.
(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).
(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.
(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—
(a) a Minister of the Crown,
(b) the Nuclear Decommissioning Authority established by section 1 of the Energy Act 2004,
(c) the United Kingdom Atomic Energy Authority established by section 1 of the Atomic Energy Authority Act 1954,
(d) a company which is wholly owned by the Crown, or
(e) a nominee of a person falling within any of paragraphs (a) to (d).
(7) A company designated as Great British Nuclear under this section is exempt from the requirement in section 59 of the Companies Act 2006 (requirement as to use of “limited” in company name).
(8) In this section—
“company” means a company registered under the Companies Act 2006;
“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (see section 8(1) of that Act).
(1) Great British Nuclear is not to be regarded as a servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.
(2) Great British Nuclear’s property is not to be regarded as property of, or property held on behalf of, the Crown.
Great British Nuclear’s objects are to facilitate the design, construction, commissioning and operation of nuclear energy generation projects for the purpose of furthering any policies published by His Majesty's government.
(1) The Secretary of State may provide financial assistance—
(a) to Great British Nuclear, or
(b) to any other person to facilitate the design, construction, commissioning and operation of nuclear energy generation projects.
(2) Financial assistance under this section may be provided in any form and in particular may be provided—
(a) by way of grant, loan, guarantee or indemnity,
(b) by the acquisition of shares or any other interest in, or securities of, a body corporate,
(c) by the acquisition of any undertaking or of any assets,
(d) pursuant to a contract, or
(e) by incurring expenditure for the benefit of the person assisted.
(3) Financial assistance under this section may be provided subject to such conditions as the Secretary of State considers appropriate, which may include—
(a) conditions about repayment with or without interest or other return, or
(b) conditions with which Great British Nuclear or any recipient of financial assistance under subsection (1)(b) must comply if the financial assistance is used for—
(i) acquiring shares or any other interest in, or securities of, a body corporate, or
(ii) participating in a partnership or joint venture.
(4) The power to provide financial assistance under this section is in addition to (and does not limit or replace) any other power of a Minister of the Crown to provide financial assistance.
(5) In this section—
“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (see section 8(1) of that Act);
“partnership” means—
a partnership within the meaning of the Partnership Act 1890, or
a limited partnership within the meaning of the Limited Partnerships Act 1907.
(1) The Secretary of State may from time to time give Great British Nuclear directions or guidance.
(2) Before giving a direction or issuing guidance the Secretary of State must consult Great British Nuclear and such other persons as the Secretary of State considers appropriate.
(3) Directions may be general or particular in character.
(4) Great British Nuclear must—
(a) comply with any directions given to it under this section, and
(b) have regard to any guidance given to it under this section.
(5) The Secretary of State must—
(a) publish and lay before Parliament any directions given to Great British Nuclear under this section, and
(b) publish any guidance given to Great British Nuclear under this section.
(1) Great British Nuclear must, after the end of each reporting year, send a report to the Secretary of State about the activities it has undertaken during that year.
(2) The Secretary of State must lay a copy of the report before Parliament together with any comments that the Secretary of State considers appropriate.
(3) In this section “reporting year”, in relation to Great British Nuclear, means a period of 12 months ending with 31 March (but does not include any period before its designation as Great British Nuclear).
(1) Great British Nuclear must send a copy of its accounts and reports for each financial year to the Secretary of State before the end of the period for filing those accounts and reports.
(2) The Secretary of State must lay a copy of any accounts and reports received under subsection (1) before Parliament.
(3) In this section—
“accounts and reports”, in relation to Great British Nuclear, means the annual accounts and reports that Great British Nuclear’s directors must deliver to the registrar under section 441 of the Companies Act 2006;
“financial year”, in relation to Great British Nuclear, means Great British Nuclear’s financial year determined in accordance with section 390 of the Companies Act 2006;
“period for filing”, in relation to accounts and reports for a financial year, has the same meaning as in the Companies Acts (see section 442 of the Companies Act 2006);
“the registrar” has the meaning given by section 1060(3) of the Companies Act 2006.
(1) The Secretary of State may make one or more schemes for the transfer of property, rights and liabilities—
(a) to a GBN body or a proposed GBN body from—
(i) a former GBN body;
(ii) a GBN body;
(iii) a proposed GBN body;
(iv) a Minister of the Crown or Crown body;
(v) a designated BNFL body;
(vi) an NDA body;
(vii) a UKAEA body;
(viii) a nominee of a person falling within any of sub-paragraphs (i) to (vii);
(b) to a former GBN body, a Minister of the Crown or Crown body, a designated BNFL body or a public body from—
(i) a former GBN body;
(ii) a GBN body.
(2) The things that may be transferred under a transfer scheme include—
(a) rights and liabilities relating to a contract of employment;
(b) property, rights and liabilities that could not otherwise be transferred;
(c) property acquired, and rights and liabilities arising, after the making of the scheme;
(d) criminal liabilities.
(3) A transfer scheme may—
(a) create rights, or impose liabilities, in relation to property, rights or liabilities transferred;
(b) make provision about the continuing effect of things done by a transferor in respect of anything transferred;
(c) make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to a transferor in respect of anything transferred;
(d) make provision for references to a transferor in an instrument or other document in respect of anything transferred to be treated as references to the transferee;
(e) make provision for shared ownership or use of the property;
(f) make provision for apportioning property, rights or liabilities;
(g) require a transferor, an associate of a transferor, or a transferee, to enter into any agreement of any kind, or for a purpose, specified in or determined in accordance with the scheme;
(h) make provision for transferring property, rights and liabilities irrespective of any requirement for consent that would otherwise apply;
(i) make provision for preventing a right of pre-emption, right of reverter, right of forfeiture, right to compensation or other similar right from arising or becoming exercisable as a result of the transfer of property, rights or liabilities;
(j) make provision for dispensing with any formality in relation to the transfer of property, rights or liabilities by the scheme;
(k) make provision for reimbursing any person in respect of expenditure reasonably incurred by the person in connection with the making of a transfer scheme;
(l) make provision that has the same or similar effect to the TUPE regulations;
(m) make other consequential, supplementary, incidental or transitional provision.
(4) A transfer scheme may provide—
(a) for modifications by agreement;
(b) for modifications to have effect from the date when the original scheme came into effect.
(5) A transfer scheme may make provision requiring a transferor to provide such co-operation to a transferee as the transferee may reasonably require in connection with the implementation of the scheme.
(6) The co-operation that may be required by virtue of subsection (5) includes, in particular, co-operation in relation to—
(a) the provision of information;
(b) consultation with representatives of employees transferred by the scheme.
(7) Any requirement imposed on a person by a transfer scheme is enforceable by the Secretary of State in civil proceedings—
(a) for an injunction,
(b) for specific performance of a statutory duty under section 45 of the Court of Session Act 1988, or
(c) for any other appropriate remedy or relief.
(8) Before making a transfer scheme, the Secretary of State must consult—
(a) the transferor (or, if there is more than one transferor, the transferors), and
(b) such other persons as the Secretary of State considers appropriate.
(9) Subsection (8) may be satisfied by consultation before the passing of this Act (as well as by consultation after that time).
(10) The making of a transfer scheme is not a trigger event for the purposes of the National Security and Investment Act 2021.
(11) In this section—
“associate” has the meaning given by section 1152 of the Companies Act 2006;
“company” means a company registered under the Companies Act 2006;
“Crown body” means any body corporate in which a Minister of the Crown holds, directly or indirectly, any shares or other interest;
“designated BNFL body” means a company designated for the purposes of Schedule 7 to the Energy Act 2004 or any body corporate in which a company designated for those purposes holds, directly or indirectly, any shares or other interest;
“former GBN body” means—
a company formerly designated as Great British Nuclear, or
any body corporate in which a company formerly designated as Great British Nuclear—
holds, directly or indirectly, any shares or other interest, and
held, directly or indirectly, any shares or other interest, at a time at which it was designated as Great British Nuclear;
“GBN body” means Great British Nuclear or any body corporate in which Great British Nuclear holds, directly or indirectly, any shares or other interest;
“information” includes documents;
“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (see section 8(1) of that Act);
“NDA company” means the Nuclear Decommissioning Authority (established by section 1 of the Energy Act 2004) or any body corporate in which the Nuclear Decommissioning Authority holds, directly or indirectly, any shares or other interest;
“proposed GBN body” means a company that the Secretary of State proposes to designate as Great British Nuclear or any body corporate in which a company proposed to be designated for those purposes holds, directly or indirectly, any shares or other interest;
“public body” means a body established by an enactment (within the meaning of Part 1 of this Act) or any body corporate in which a body established by an enactment holds, directly or indirectly, any shares or other interest;
“the TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246);
“UKAEA body” means the United Kingdom Atomic Energy Authority (established by section 1 of the Atomic Energy Authority Act 1954) or any body corporate in which the United Kingdom Atomic Energy Authority holds, directly or indirectly, any shares or other interest.