Nuclear Energy (Financing) Act 2022
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Change 1
8 Procedure etc relating to modifications under section 6 or 7
(1) Before making a modification under a power conferred by section 6(1) or (7) or 7(1) (a “relevant power”), the Secretary of State must consult— (a) the nuclear company whose licence is being modified, (b) the Authority, (c) the Office for Nuclear Regulation, (d) where any part of the site for the nuclear project is in England, the Environment Agency, (e) where any part of the site for the nuclear project is in Wales, the Welsh Ministers and Natural Resources Wales, (f) where any part of the site for the nuclear project is in Scotland, the Scottish Ministers and the Scottish Environment Protection Agency, (g) in the case of a modification under section 6(7), other holders of a licence being modified, and (h) such other persons as the Secretary of State considers appropriate. (2) In the case of the exercise of a power conferred by section 6(1) or (7), subsection (1) may be satisfied by consultation before the passing of this Act (as well as by consultation after that time). (3) A relevant power— (a) may be exercised generally, only in relation to specified cases, or subject to exceptions (including provision for a case to be excepted only so long as specified conditions are satisfied); (b) may be exercised differently for different purposes; (c) includes power to make incidental, supplementary, consequential or transitional modifications. (4) Provision included in a licence, or in a document or agreement described in section 6(7)(b), by virtue of a relevant power— (a) may make different provision for different purposes; (b) need not relate to the activities authorised by the licence; (c) may do anything authorised for licences of that type by section 7(4), (5)(a) or (6A) of the Electricity Act 1989. (5) The Secretary of State must publish details of any modifications made under a relevant power as soon as reasonably practicable after they are made. (6) If under section 6(7) the Secretary of State makes a modification of the standard conditions of a licence, the Authority must— (a) make the same modification of those standard conditions for the purposes of their incorporation in licences of that type granted after that time, and (b) publish the modification. (7) A modification made under a relevant power of part of a standard condition of a licence does not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of Part 1 of the Electricity Act 1989. (8) The power conferred by a relevant power to “modify” (in relation to licence conditions or terms or a document or agreement) includes power to amend, add to or remove; and references to modifications are to be construed accordingly.
8 Procedure etc relating to modifications under section 6 or 7
(1) Before making a modification under a power conferred by section 6(1) or (7) or 7(1) (a “relevant power”), the Secretary of State must consult— (a) the nuclear company whose licence is being modified, (b) the Authority, (c) the Office for Nuclear Regulation, (d) where any part of the site for the nuclear project is in England, the Environment Agency, (e) where any part of the site for the nuclear project is in Wales, the Welsh Ministers and Natural Resources Wales, (f) where any part of the site for the nuclear project is in Scotland, the Scottish Ministers and the Scottish Environment Protection Agency, (g) in the case of a modification under section 6(7), other holders of a licence being modified, and (h) such other persons as the Secretary of State considers appropriate. (2) In the case of the exercise of a power conferred by section 6(1) or (7), subsection (1) may be satisfied by consultation before the passing of this Act (as well as by consultation after that time). (3) A relevant power— (a) may be exercised generally, only in relation to specified cases, or subject to exceptions (including provision for a case to be excepted only so long as specified conditions are satisfied); (b) may be exercised differently for different purposes; (c) includes power to make incidental, supplementary, consequential or transitional modifications. (4) Provision included in a licence, or in a document or agreement described in section 6(7)(b), by virtue of a relevant power— (a) may make different provision for different purposes; (b) need not relate to the activities authorised by the licence; (c) may do anything authorised for licences of that type by section 7(4), (5)(a) or (6A) of the Electricity Act 1989. (5) The Secretary of State must publish details of any modifications made under a relevant power as soon as reasonably practicable after they are made. (6) If under section 6(7) the Secretary of State makes a modification of the standard conditions of a licence, the Authority must— (a) make the same modification of those standard conditions for the purposes of their incorporation in licences of that type granted after that time, and (b) publish the modification. (7) A modification made under a relevant power of part of a standard condition of a licence does not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of Part 1 of the Electricity Act 1989. (8) The power conferred by a relevant power to “modify” (in relation to licence conditions or terms or a document or agreement) includes power to amend, add to or remove; and references to modifications are to be construed accordingly.
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