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Energy Act 2004

Section 18: Directions by NDA to the person with control

98.Section 18 places a duty on the person with control of a designated principal nuclear site, a nuclear installation, a facility situated in or on a principal nuclear site, or an installation comprised in an NDA facility to prepare such plans for the discharge of the NDA’s responsibilities in relation to that site, installation or facility as the NDA may direct; submit them to the NDA for approval; and comply with any further directions the NDA may give in accordance with the provisions of subsection (3).

99.These directions may cover any related site which is designated under section 19 in relation to the principal nuclear site or installation or facility concerned. Where the person with control of an installation, site of facility is a company subsection (4) ensures that the person holding the majority of the voting rights in that company (for example the parent company of a site management company) is required to comply with NDA directions aimed at securing the compliance of the person/company with control of the site. Subsection (5) provides that directions may only be given by the NDA for the purpose of giving effect to its strategy and annual work plans. Under subsection (6), the NDA may also issue directions regarding consultation by the person with control on the preparation of plans for the site, installation or facility concerned. The expectation is that consultation will be carried out on a similar basis to that required in the preparation of the NDA’s strategy and annual work plans and involve the same parties.

100.Subsection (7) makes express provision to the effect that no direction given by the NDA may authorise a contravention by the person with control of the statutory requirements which apply to the operation of an installation or site. Consequently, any purported direction by the NDA that would, if the person with control were to give effect to it, place him in breach of any regulatory requirements would be unlawful.

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