Energy Bill [HL] [AS AMENDED ON REPORT] CONTENTS PART 1 UK ENERGY STRATEGY: SECURITY AND INTEGRITY OF SUPPLY 1 Security and integrity of supply 2 Annual reports under section 1 of the Sustainable Energy Act 2003 PART 2 THE CIVIL NUCLEAR INDUSTRY CHAPTER 1 NUCLEAR DECOMMISSIONING Establishment of NDA 3 The Nuclear Decommissioning Authority 4 Constitution of NDA Principal function of NDA 5 Designated responsibilities 6 Additional responsibilities under designating directions 7 Supplemental provisions of designating directions 8 Designations relating to Scotland Other functions of NDA 9 Supplemental functions 10 Special functions in relation to pensions etc. General duties and powers of NDA 11 General duties when carrying out functions 12 Powers for carrying out functions HL Bill 58 53/3 ii Energy Bill [HL] Strategies, plans and reports 13 Strategy for carrying out functions 14 Contents of strategy 15 Annual plans 16 Annual reports Implementation of strategies and plans 17 Duty to decommission and clean up installations and sites 18 Duties to operate installations and to provide treatment etc. 19 Duty to use installations etc. for purposes of NDA 20 Directions by NDA to the person with control 21 Designation as a related site for the purposes of s. 20 22 Duty to comply with directions under s. 20 Financial provisions 23 Financial responsibilities of NDA 24 Expenditure and receipts of NDA 25 Borrowing by the NDA 26 Limit on NDA borrowing 27 Government guarantees for NDA borrowing 28 Accounts of NDA 29 Tax exemption for NDA activities 30 Taxation of NDA activities chargeable under Case VI of Schedule D 31 Disregard for tax purposes of cancellation etc. of provisions 32 Disregard for tax purposes of provisions recognised by NDA Nuclear Decommissioning Funding Account 33 Establishment and maintenance of the Account 34 Examination of the Account Supplementary provisions of Chapter 1 of Part 2 35 Validity of transactions 36 Amendment of Schedule 12 to the 1989 Act 37 Power to modify Chapter 1 of Part 2 38 Meaning of “nuclear site” etc. and “person with control” 39 General interpretation of Chapter 1 of Part 2 CHAPTER 2 TRANSFERS RELATING TO NUCLEAR UNDERTAKINGS Transfer by scheme of property etc. 40 Nuclear transfer schemes 41 Transfers of publicly owned assets 42 Transfers with the consent of the transferor 43 Recovery of property from private ownership 44 Transfer of Nuclear Liabilities Investment Portfolio Energy Bill [HL] iii Extinguishment of undertakings and tax losses 45 Undertakings given by the Secretary of State 46 Extinguishment of BNFL losses for tax purposes Provisions relating to transfers 47 Further provision applying to transferee companies 48 Pensions 49 Taxation 50 Supplementary powers of the Secretary of State, the NDA and the UKAEA Supplementary provisions of Chapter 2 of Part 2 51 Duty to assist the Secretary of State 52 Interpretation of Chapter 2 of Part 2 CHAPTER 3 CIVIL NUCLEAR CONSTABULARY Civil Nuclear Police Authority 53 The Civil Nuclear Police Authority Civil Nuclear Constabulary 54 The Civil Nuclear Constabulary 55 Chief constable and other senior officers 56 Functions of senior officers 57 Members of the Constabulary Jurisdiction and powers of Constabulary 58 Jurisdiction of Constabulary 59 Stop and search under Terrorism Act 2000 Administration of Constabulary 60 Government, administration and conditions of service 61 Members of Constabulary serving with other forces 62 Charges Supervision and inspection etc. 63 Planning and reports 64 Inspection 65 Supervision by Secretary of State Rights etc. of members of the Constabulary 66 Civil Nuclear Police Federation 67 Rank-related associations 68 Representation at certain disciplinary proceedings 69 Trade union membership iv Energy Bill [HL] Supplementary provisions of Chapter 3 of Part 2 70 Application of offences etc. applying to constables 71 Minor amendments relating to the Constabulary 72 Nuclear transfer scheme for UKAEA Constabulary 73 Interpretation of Chapter 3 of Part 2 CHAPTER 4 AUTHORISATIONS RELATING TO RADIOACTIVE WASTE 74 Transfer of authorisations 75 Applications for variation of authorisations 76 Periodic reviews of authorisations 77 Consequential amendments of the 1993 Act CHAPTER 5 MISCELLANEOUS PROVISIONS RELATING TO NUCLEAR INDUSTRY 78 Amendments for giving effect to international obligations 79 Regulation of equipment, software and information 80 Application of the 1965 Act to Northern Ireland 81 Expenditure on nuclear related matters 82 Additional functions of UKAEA PART 3 RENEWABLE ENERGY SOURCES CHAPTER 1 OFFSHORE PRODUCTION OF ENERGY Sustainable development 83 Gas and Electricity Markets Authority sustainability duty Renewable Energy Zones 84 Exploitation of areas outside the territorial sea for energy production 85 Application of criminal law to renewable energy installations 86 Prosecutions 87 Application of civil law to renewable energy installations etc. 88 Orders in Council under sections 85 and 87 Application of 1989 Act offshore 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 Energy Bill [HL] v Safety zones for installations 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 Installations in territorial waters and renewable energy zones 100 Interference with safety of navigation Rights of navigation and civil aviation 101 Extinguishment etc. of public rights of navigation 102 Further provision relating to public rights of navigation 103 Application of civil aviation regulations to renewable energy installations Supplementary provisions of Chapter 1 of Part 3 104 Amendments of 1989 Act consequential on Chapter 1 of Part 3 105 Other amendments consequential on Chapter 1 of Part 3 106 Interpretation of Chapter 1 of Part 3 CHAPTER 2 DECOMMISSIONING OF OFFSHORE INSTALLATIONS Decommissioning programmes 107 Requirement to prepare decommissioning programmes 108 Approval of decommissioning programmes 109 Failure to submit or rejection of decommissioning programmes 110 Reviews and revisions of decommissioning programmes Implementation of decommissioning programmes 111 Carrying out of decommissioning programmes 112 Default in carrying out decommissioning programmes Decommissioning regulations 113 Regulations about decommissioning Supplementary provisions of Chapter 2 of Part 3 114 Duty to inform Secretary of State 115 Offences relating to decommissioning programmes 116 Interpretation of Chapter 2 of Part 3 CHAPTER 3 RENEWABLES OBLIGATIONS 117 Discharge of renewables obligation in Great Britain by payment 118 Issue of green certificates in Great Britain 119 Electricity to be exempted when determining electricity supplied 120 Use of green certificates issued in Northern Ireland vi Energy Bill [HL] 121 Distributions to Northern Ireland suppliers 122 Supplementary provision relating to renewables obligation in Great Britain 123 Issue of green certificates in Northern Ireland 124 GEMA’s power to act on behalf of Northern Ireland regulator 125 Consultation in relation to Northern Ireland renewables orders 126 Modification of conditions of Northern Ireland electricity licences CHAPTER 4 MICROGENERATION 127 Strategy for microgeneration PART 4 ENERGY REGULATION CHAPTER 1 ELECTRICITY TRADING AND TRANSMISSION 128 “New trading and transmission arrangements” 129 Power to modify licence conditions 130 Alteration of transmission activities requiring licence 131 Transmission licences 132 New standard conditions for transmission licences 133 Conversion of existing transmission licences 134 Grant of transmission licences 135 Duties to provide information etc. to Secretary of State 136 Property arrangements schemes 137 Interpretation of Chapter 1 of Part 4 138 Amendments consequential on Chapter 1 of Part 4 139 Transition CHAPTER 2 INTERCONNECTORS FOR ELECTRICITY AND GAS Electricity interconnectors 140 Operators of electricity interconnectors to be licensed 141 Standard conditions for electricity interconnectors 142 Consequential amendments of the 1989 Act 143 Grant of electricity interconnector licences to existing operators Gas interconnectors 144 Operators of gas interconnectors to be licensed 145 Standard conditions for gas interconnectors 146 Disapplication of existing regimes 147 Grant of gas interconnector licences to existing operators 148 Extraterritorial application of Gas Act 1986 Energy Bill [HL] vii CHAPTER 3 SPECIAL ADMINISTRATION REGIME FOR ENERGY LICENSEES Energy administration orders 149 Energy administration orders 150 Objective of an energy administration 151 Applications for energy administration orders 152 Powers of court 153 Energy administrators 154 Conduct of administration, transfer schemes etc. Restrictions on other insolvency procedures 155 Restrictions on winding-up orders 156 Restrictions on voluntary winding up 157 Restrictions on making of ordinary administration orders 158 Restrictions on administrator appointments by creditors etc. 159 Restrictions on enforcement of security Financial support for companies in administration 160 Grants and loans 161 Indemnities 162 Guarantees where energy administration order is made Licence modifications relating to energy administration 163 Modifications