Change 1 Article Choose an article Title and introductory text 1 The Nuclear Decommissioning Authority 2 Constitution of NDA 3 Designated responsibilities 4 Additional responsibilities under designating directions 5 Supplemental provisions of designating directions 6 Designations relating to Scotland 7 Supplemental functions 8 Special functions in relation to pensions etc. 9 General duties when carrying out functions 10 Powers for carrying out functions 11 Strategy for carrying out functions 12 Contents of strategy 13 Annual plans 14 Annual reports 15 Duty to decommission and clean up installations and sites 16 Duties to operate installations and to provide treatment etc. 17 Duty to use installations etc. for purposes of NDA 18 Directions by NDA to the person with control 19 Designation as a related site for the purposes of s. 18 20 Duty to comply with directions under s. 18 21 Financial responsibilities of NDA 22 Expenditure and receipts of NDA 23 Borrowing by the NDA 24 Limit on NDA borrowing 25 Government guarantees for NDA borrowing 26 Accounts of NDA 27 Tax exemption for NDA activities 28 Taxation of NDA activities chargeable under miscellaneous provisions 29 Disregard for tax purposes of cancellation etc. of provisions 30 Disregard for tax purposes of provisions recognised by NDA 31 Establishment and maintenance of the Account 32 Examination of the Account 33 Validity of transactions 34 Amendment of Schedule 12 to the 1989 Act 35 Power to modify Chapter 1 of Part 1 36 Meaning of “nuclear site” etc. and “person with control” 37 General interpretation of Chapter 1 of Part 1 38 Nuclear transfer schemes 39 Transfers of publicly owned assets 40 Transfers with the consent of the transferor 41 Recovery of property from private ownership 42 Transfer of Nuclear Liabilities Investment Portfolio 43 Undertakings given by the Secretary of State 44 Extinguishment of BNFL losses for tax purposes 45 Further provision applying to transferee companies 46 Pensions 47 Taxation 48 Supplementary powers of the Secretary of State, the NDA and the UKAEA 49 Duty to assist the Secretary of State 50 Interpretation of Chapter 2 of Part 1 51 The Civil Nuclear Police Authority 52 The Civil Nuclear Constabulary 53 Chief constable and other senior officers 54 Functions of senior officers 55 Members of the Constabulary 55A Provision of additional police services 55B Provision of assistance to other forces 56 Jurisdiction of Constabulary 56A Exercise of powers and privileges in Scotland 56B Exercise of functions in relation to children under the Scottish age of criminal responsibility 57 Stop and search under Terrorism Act 2000 58 Government, administration and conditions of service 59 Members of Constabulary serving with other forces 59A Constables serving with National Crime Agency 60 Charges 61 Planning and reports 62 Inspection 63 Supervision by Secretary of State 64 Civil Nuclear Police Federation 65 Rank-related associations 66 Representation at certain disciplinary proceedings 67 Trade union membership 68 Application of offences etc. applying to constables 69 Minor amendments relating to the Constabulary 70 Nuclear transfer scheme for UKAEA Constabulary 71 Interpretation of Chapter 3 of Part 1 72 Transfer of authorisations 73 Applications for variation of authorisations 74 Periodic reviews of authorisations 75 Consequential amendments of the 1993 Act 76 Amendments for giving effect to international obligations 77 Regulation of equipment, software and information 78 Application of the 1965 Act to Northern Ireland 79 Expenditure on nuclear related matters 80 Additional functions of UKAEA 81 Reports under section 1 of Sustainable Energy Act 2003 82 Microgeneration 83 Sustainable development 84 Exploitation of areas outside the territorial sea for energy production 85 Application of criminal law to renewable energy installations etc. 86 Prosecutions 87 Application of civil law to renewable energy installations etc. 88 Orders in Council under ss. 85 and 87 89 Activities offshore requiring 1989 Act licences 90 Modification of licence conditions for offshore transmission and distribution 91 Extension of transmission licences offshore 92 Competitive tenders for offshore transmission licences 93 Consents for generating stations offshore 94 Application of regulations under 1989 Act offshore 95 Safety zones around renewable energy installations 96 Prohibited activities in safety zones 97 Offences relating to safety zones 98 Supplementary provisions relating to offences under s. 97 99 Navigation 100 Further provision relating to public rights of navigation 101 Application of civil aviation regulations to renewable energy installations 102 Amendments of 1989 Act consequential on Chapter 2 of Part 2 103 Other amendments consequential on Chapter 2 of Part 2 104 Interpretation of Chapter 2 of Part 2 105 Requirement to prepare decommissioning programmes 105A Section 105 notices: supplemental 106 Approval of decommissioning programmes 107 Failure to submit or rejection of decommissioning programmes 108 Reviews and revisions of decommissioning programmes 109 Carrying out of decommissioning programmes 110 Default in carrying out decommissioning programmes 110A Protection of funds held for purposes of decommissioning 110B Section 110A: supplemental 111 Regulations about decommissioning 112 Duty to inform appropriate Minister 112A Power of appropriate Minister to require information and documents 113 Offences relating to decommissioning programmes 114 Interpretation of Chapter 3 of Part 2 115 Discharge of renewables obligation in Great Britain by payment 116 Issue of green certificates in Great Britain 117 Use of green certificates issued in Northern Ireland 118 Distributions to Northern Ireland suppliers 119 Supplementary provision relating to renewables obligation in Great Britain 120 Issue of green certificates in Northern Ireland 121 GEMA’s power to act on behalf of Northern Ireland regulator 121A GEMA’s power to act on behalf of Northern Ireland regulator in issuing guarantees of origin of renewables electricity 122 Consultation in relation to Northern Ireland renewables orders 123 Modification of conditions of Northern Ireland electricity licences 124 Imposition of renewable transport fuel obligations 125 Appointment of the Administrator 125A General functions of the Administrator 125B Functions of the Administrator: supplementary 125C Transfer of functions to new Administrator 126 Determinations of amounts of transport fuel 127 Renewable transport fuel certificates 128 Discharge of obligation by payment 129 Imposition of civil penalties 130 Objections to civil penalties 131 Appeals against civil penalties 131A Disclosure of information held by Revenue and Customs 131B Further disclosure of information 131C Wrongful disclosure 131D Recycled carbon fuel and nuclear-derived fuel 132 Interpretation of Chapter 5 of Part 2 133 “New trading and transmission arrangements” 134 Power to modify licence conditions 135 Alteration of transmission activities requiring licence 136 Transmission licences 137 New standard conditions for transmission licences 138 Conversion of existing transmission licences 140 Duties to provide information etc. to Secretary of State 141 Property arrangements schemes 142 Interpretation of Chapter 1 of Part 3 143 Amendments consequential on Chapter 1 of Part 3 144 Transition 145 Operators of electricity interconnectors to be licensed 146 Standard conditions for electricity interconnectors 147 Consequential amendments of the 1989 Act 148 Grant of electricity interconnector licences to existing operators 149 Operators of gas interconnectors to be licensed 150 Standard conditions for gas interconnectors 151 Disapplication of existing regimes 152 Grant of gas interconnector licences to existing operators 153 Extraterritorial application of Gas Act 1986 154 Energy administration orders 155 Objective of an energy administration 156 Applications for energy administration orders 157 Powers of court 158 Energy administrators 159 Conduct of administration, transfer schemes etc. 160 Restrictions on winding-up orders 161 Restrictions on voluntary winding up 162 Restrictions on making of ordinary administration orders 163 Restrictions on administrator appointments by creditors etc. 164 Restrictions on enforcement of security 165 Grants and loans 166 Indemnities 167 Guarantees where energy administration order is made 168 Modifications of particular or standard conditions 169 Licence conditions to secure funding of energy administration 170 Modification of Chapter 3 of Part 3 under Enterprise Act 2002 171 Interpretation of Chapter 3 of Part 3 172 Annual report on security of energy supplies 173 Appeals to the CMA 174 Procedure on appeals 175 Determination of appeals 176 Specialist members of Competition Commission 177 Modifications of standard conditions for funding appeals and references 178 Duty to have regard to best regulatory practice 179 Meaning of electricity supply 180 Meaning of “high voltage line” 181 Prepayment meters 182 Additional inspectors 183 Exclusion of confidential information from registers 184 Assistance for areas with high distribution costs 185 Adjustment of transmission charges 186 Restrictions on disclosure of information 187 Payments of sums raised by fossil fuel levy 188 Power to impose charges to fund energy functions 189 Power to modify Petroleum Act 1998 190 Application of general duties to Part 3 functions etc. 191 Supplementary provision about licence condition powers 192 Powers exercisable by statutory instrument 193 Service of notifications and other documents 194 Notifications and documents in electronic form 195 Timing and location of things done electronically 196 General interpretation 197 Repeals etc. 198 Short title, commencement and extent SCHEDULE 1 The Nuclear Decommissioning Authority SCHEDULE 2 Procedural requirements applicable to NDA’s strategy SCHEDULE 3 Procedural requirements applicable to NDA’s annual plans SCHEDULE 4 Supplemental taxation provisions for exempt activities SCHEDULE 5 Supplementary provisions about nuclear transfer schemes SCHEDULE 6 Structure etc. of transferee companies SCHEDULE 7 Finances and accounts of transferee companies SCHEDULE 8 Pensions SCHEDULE 9 Taxation provisions relating to nuclear transfer schemes SCHEDULE 10 The Civil Nuclear Police Authority SCHEDULE 11 Removal and suspension of senior officers of Constabulary SCHEDULE 12 Planning and reports about Constabulary SCHEDULE 13 Directions by Secretary of State about Constabulary SCHEDULE 14 Minor amendments relating to Constabulary SCHEDULE 15 Amendments of 1993 Act SCHEDULE 16 Applications and proposals for notices under section 95 SCHEDULE 17 Conversion of existing transmission licences: licensing scheme SCHEDULE 18 Property arrangements schemes SCHEDULE 19 Consequential amendments relating to Chapter 1 of Part 3 SCHEDULE 20 Conduct of energy administration SCHEDULE 21 Energy transfer schemes SCHEDULE 22 Procedure for appeals under section 173 SCHEDULE 23 Repeals
What to do with it
As published
49 Duty to assist the Secretary of State
(1) This section applies where the Secretary of State proposes to make a nuclear transfer scheme.
(2) The transferor shall have the duty, within such period as the Secretary of State may allow—
(a) to provide the Secretary of State, and
(b) to secure, so far as practicable, that its subsidiaries provide the Secretary of State,
with all such information and other assistance as the Secretary of State may require for the purposes of, or in connection with, the making of the scheme.
(3) The duties of the transferor under this section are duties owed to the Secretary of State.
(4) Those duties are to be 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 (c. 36); or
(c) for any other appropriate remedy or relief.
(5) In this section “the transferor”, in relation to a nuclear transfer scheme, means a person from whom it is proposed that property, rights or liabilities are transferred by the scheme.
Your wording
Your change, as a redline
49 Duty to assist the Secretary of State
(1) This section applies where the Secretary of State proposes to make a nuclear transfer scheme.
(2) The transferor shall have the duty, within such period as the Secretary of State may allow—
(a) to provide the Secretary of State, and
(b) to secure, so far as practicable, that its subsidiaries provide the Secretary of State,
with all such information and other assistance as the Secretary of State may require for the purposes of, or in connection with, the making of the scheme.
(3) The duties of the transferor under this section are duties owed to the Secretary of State.
(4) Those duties are to be 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 (c. 36); or
(c) for any other appropriate remedy or relief.
(5) In this section “the transferor”, in relation to a nuclear transfer scheme, means a person from whom it is proposed that property, rights or liabilities are transferred by the scheme.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.