Energy Bill [HL] EXPLANATORY NOTES Explanatory notes to the Bill, prepared by the Department of Trade and Industry, are published separately as HL Bill 2—EN. EUROPEAN CONVENTION ON HUMAN RIGHTS The Lord Whitty has made the following statement under section 19(1)(a) of the Human Rights Act 1998: In my view the provisions of the Energy Bill [HL] are compatible with the Convention rights. HL Bill 2 53/3 Energy Bill [HL] CONTENTS PART 1 THE CIVIL NUCLEAR INDUSTRY CHAPTER 1 NUCLEAR DECOMMISSIONING Establishment of NDA 1 The Nuclear Decommissioning Authority 2 Constitution of NDA Principal function of NDA 3 Designated responsibilities 4 Additional responsibilities under designating directions 5 Supplemental provisions of designating directions 6 Designations relating to Scotland Other functions of NDA 7 Supplemental functions 8 Special functions in relation to pensions etc. General duties and powers of NDA 9 General duties when carrying out functions 10 Powers for carrying out functions Strategies, plans and reports 11 Strategy for carrying out functions 12 Contents of strategy 13 Annual plans 14 Annual reports HL Bill 2 53/3 iv Energy Bill [HL] Implementation of strategies and plans 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 Financial provisions 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 Nuclear Decommissioning Funding Account 28 Establishment and maintenance of the Account 29 Examination of the Account Supplementary provisions of Chapter 1 of Part 1 30 Validity of transactions 31 Amendment of Schedule 12 to the 1989 Act 32 Power to modify Chapter 1 of Part 1 33 Meaning of “nuclear site” etc. and “person with control” 34 General interpretation of Chapter 1 of Part 1 CHAPTER 2 TRANSFERS RELATING TO NUCLEAR UNDERTAKINGS Transfer by scheme of property etc. 35 Nuclear transfer schemes 36 Transfers of publicly owned assets 37 Transfers with the consent of the transferor 38 Recovery of property from private ownership 39 Transfer of Nuclear Liabilities Investment Portfolio Extinguishment of undertakings 40 Undertakings given by the Secretary of State Provisions relating to transfers 41 Further provision applying to transferee companies 42 Pensions 43 Taxation 44 Supplementary powers of the Secretary of State, the NDA and the UKAEA Energy Bill [HL] v Supplementary provisions of Chapter 2 of Part 1 45 Duty to assist the Secretary of State 46 Interpretation of Chapter 2 of Part 1 CHAPTER 3 CIVIL NUCLEAR CONSTABULARY Civil Nuclear Police Authority 47 The Civil Nuclear Police Authority Civil Nuclear Constabulary 48 The Civil Nuclear Constabulary 49 Chief constable and other senior officers 50 Functions of senior officers 51 Members of the Constabulary Jurisdiction and powers of Constabulary 52 Jurisdiction of Constabulary 53 Stop and search under Terrorism Act 2000 Administration of Constabulary 54 Government, administration and conditions of service 55 Members of Constabulary serving with other forces 56 Charges Supervision and inspection etc. 57 Planning and reports 58 Inspection 59 Supervision by Secretary of State Rights etc. of members of the Constabulary 60 Civil Nuclear Police Federation 61 Rank-related associations 62 Representation at certain disciplinary proceedings 63 Trade union membership Supplementary provisions of Chapter 3 of Part 1 64 Application of offences etc. applying to constables 65 Minor amendments relating to the Constabulary 66 Nuclear transfer scheme for UKAEA Constabulary 67 Interpretation of Chapter 3 of Part 1 vi Energy Bill [HL] CHAPTER 4 AUTHORISATIONS RELATING TO RADIOACTIVE WASTE 68 Transfer of authorisations 69 Applications for variation of authorisations 70 Periodic reviews of authorisations 71 Consequential amendments of the 1993 Act CHAPTER 5 MISCELLANEOUS PROVISIONS RELATING TO NUCLEAR INDUSTRY Nuclear liability 72 Amendments for giving effect to international obligations Nuclear security 73 Regulation of equipment, software and information Authorisation of Government expenditure 74 Expenditure on nuclear related matters PART 2 RENEWABLE ENERGY SOURCES CHAPTER 1 OFFSHORE ZONES Renewable Energy Zones 75 Exploitation of areas outside the territorial sea for energy production 76 Application of criminal law to renewable energy installations 77 Prosecutions 78 Application of civil law to renewable energy installations etc. Application of 1989 Act in Renewable Energy Zones 79 Activities in Zones requiring 1989 Act licences 80 Consents for generating stations in Zones 81 Application of regulations under 1989 Act to Zones Safety zones for installations 82 Safety zones around renewable energy installations 83 Prohibited activities in safety zones 84 Offences relating to safety zones 85 Supplementary provisions relating to offences under s. 84 Energy Bill [HL] vii Rights of navigation and civil aviation 86 Extinguishment etc. of public rights of navigation 87 Further provision relating to public rights of navigation 88 Application of civil aviation regulations to renewable energy installations Supplementary provisions of Chapter 1 of Part 2 89 Amendments of 1989 Act consequential on Chapter 1 of Part 2 90 Other amendments consequential on Chapter 1 of Part 2 91 Interpretation of Chapter 1 of Part 2 CHAPTER 2 DECOMMISSIONING OF OFFSHORE INSTALLATIONS Decommissioning programmes 92 Requirement to prepare decommissioning programmes 93 Approval of decommissioning programmes 94 Failure to submit or rejection of decommissioning programmes 95 Reviews and revisions of decommissioning programmes Implementation of decommissioning programmes 96 Carrying out of decommissioning programmes 97 Default in carrying out decommissioning programmes Decommissioning regulations 98 Regulations about decommissioning Supplementary provisions of Chapter 2 of Part 2 99 Duty to inform Secretary of State 100 Offences relating to decommissioning programmes 101 Interpretation of Chapter 2 of Part 2 CHAPTER 3 RENEWABLE SOURCES IN NORTHERN IRELAND 102 Use of green certificates issued in Northern Ireland 103 Distributions to Northern Ireland suppliers 104 GEMA’s power to act on behalf of Northern Ireland regulator PART 3 ENERGY REGULATION CHAPTER 1 ELECTRICITY TRADING AND TRANSMISSION 105 “New trading and transmission arrangements” viii Energy Bill [HL] 106 Power to modify licence conditions 107 Alteration of transmission activities requiring licence 108 Transmission licences 109 New standard conditions for transmission licences 110 Conversion of existing transmission licences 111 Grant of transmission licences 112 Duties to provide information etc. to Secretary of State 113 Property arrangements schemes 114 Interpretation of Chapter 1 of Part 3 115 Amendments consequential on Chapter 1 of Part 3 116 Transition CHAPTER 2 INTERCONNECTORS FOR ELECTRICITY AND GAS Electricity interconnectors 117 Operators of electricity interconnectors to be licensed 118 Standard conditions for electricity interconnectors 119 Consequential amendments of the 1989 Act 120 Grant of electricity interconnector licences to existing operators Gas interconnectors 121 Operators of gas interconnectors to be licensed 122 Standard conditions for gas interconnectors 123 Disapplication of existing regimes 124 Grant of gas interconnector licences to existing operators 125 Extraterritorial application of Gas Act 1986 CHAPTER 3 SPECIAL ADMINISTRATION REGIME FOR ENERGY LICENSEES Energy administration orders 126 Energy administration orders 127 Objective of an energy administration 128 Applications for energy administration orders 129 Powers of court 130 Energy administrators 131 Conduct of administration, transfer schemes etc. Restrictions on other insolvency procedures 132 Restrictions on winding-up orders 133 Restrictions on voluntary winding-up 134 Restrictions on making of ordinary administration orders 135 Restrictions on administrator appointments by creditors etc. 136 Restrictions on enforcement of security Energy Bill [HL] ix Financial support for companies in administration 137 Grants and loans 138 Indemnities 139 Guarantees where energy administration order is made Licence modifications relating to energy administration 140 Modifications of particular or standard conditions 141 Licence conditions to secure funding of energy administration Supplemental provision of Chapter 3 of Part 3 142 Modification of Chapter 3 of Part 3 under Enterprise Act 2002 143 Interpretation of Chapter 3 of Part 3 CHAPTER 4 FURTHER PROVISIONS ABOUT REGULATION Appeals from GEMA decisions 144 Appeals to the Competition Commission 145 Procedure on appeals 146 Determination of appeals 147 Modifications of standard conditions for funding appeals 148 Specialist members of Competition Commission Meaning of electricity supply 149 Meaning of electricity supply Inquiries under ss. 36 and 37 of the 1989 Act 150 Additional inspectors Payments into Scottish Consolidated Fund 151 Payments of sums raised by fossil fuel levy CHAPTER 5 SUPPLEMENTARY PROVISIONS OF PART 3 152 Application of general duties to Part 3 functions etc. 153 Supplementary provision about licence condition powers PART 4 MISCELLANEOUS AND SUPPLEMENTAL Imposition of charges 154 Power