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Energy Act 2004
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- 2004 c. 20
- Part 1
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- Establishment of NDA
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Changes and effects yet to be applied to Part 1 Chapter 1 Crossheading Establishment-of-nda:
Changes and effects
This section lists the changes and effects yet to be applied to the specific provision you are viewing.
- s. 125-125C substituted for s. 125 by 2008 c. 27 Sch. 7 para. 2
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
Changes and effects
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
- Act modified by S.I. 2006/772 rule 68
- Blanket amendment text amended by S.I. 2011/1043 art. 3 6
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 59A inserted by 2005 c. 15 Sch. 4 para. 199
- s. 105A inserted by 2008 c. 32 s. 69(4)
- s. 110A 110B inserted by 2008 c. 32 s. 70(1)
- s. 112A inserted by 2008 c. 32 s. 71
- s. 121A inserted by S.I. 2008/1888 reg. 2
- s. 131A-131C inserted by 2008 c. 27 Sch. 7 para. 6
Commencement Orders yet to be applied to the Energy Act 2004:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
- S.I. 2004/1973 art. 2 commences (2004 c. 20)
- S.I. 2004/2184 art. 2 commences (2004 c. 20)
- S.I. 2004/2575 art. 2 Sch. 1 2 commences (2004 c. 20)
- S.I. 2005/442 art. 2 commences (2004 c. 20)
- S.I. 2005/877 art. 2 commences (2004 c. 20)
- S.I. 2005/2965 art. 2-4 commences (2004 c. 20)
- S.I. 2006/1964 art. 2 commences (2004 c. 20)
- S.I. 2007/1091 art. 2 commences (2004 c. 20)
- S.I. 2009/1269 art. 2 3 commences (2004 c. 20)
- S.I. 2010/1889 art. 2 commences (2004 c. 20)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2006/378 art. 2-7 Sch. commences (2005 c. 15)
- S.I. 2007/709 art. 2-4 commences (2006 c. 48)
- S.I. 2008/2550 art. 2 Sch. commences (2007 c. 17)
- S.I. 2009/45 art. 2-4 Commencement Order
- S.I. 2009/2809 art. 2 commences (2008 c. 32)
- S.I. 2010/298 art. 2 Sch. commences (2009 c. 23)
- S.I. 2010/507 art. 2-5 commences (2009 c. 26)
- S.I. 2011/1066 art. 2 commences (2010 c. 15)
- S.S.I. 2011/58 art. 2 3 commences (2010 asp 5)
Prospective
Establishment of NDAE+W+S+N.I.
1The Nuclear Decommissioning AuthorityE+W+S+N.I.
(1)There shall be a body corporate to be known as the Nuclear Decommissioning Authority (“the NDA”).
(2)The NDA is not to be treated—
(a)except so far as necessary for the purposes of its function under section 7(2), as performing any duty or exercising any power on behalf of the Crown; or
(b)as enjoying any status, immunity or privilege of the Crown;
and the NDA’s property is not to be regarded as property of the Crown, or as held on behalf of the Crown.
2Constitution of NDAE+W+S+N.I.
(1)The NDA—
(a)shall consist of not fewer than seven and not more than thirteen members; and
(b)shall have a membership comprising both non-executive members and executive members.
(2)The non-executive members shall be—
(a)a chairman appointed by the Secretary of State; and
(b)a number of other persons appointed by the Secretary of State (after consultation with the chairman);
and (subject to subsection (1)) it is for the Secretary of State to determine how many non-executive members there are to be in addition to the chairman.
(3)The executive members shall be—
(a)a person appointed by the non-executive members to be the NDA’s chief executive; and
(b)the other persons (if any) appointed by them (after consultation with the chief executive) to be executive members in addition to the chief executive;
and it is for the non-executive members to determine (subject to subsection (8)) whether there are to be executive members in addition to the chief executive, and (if so) how many.
(4)The approval of the Secretary of State is required for the appointment of the chief executive.
(5)Before—
(a)appointing a person to be the chairman or otherwise to be a non-executive member of the NDA, or
(b)approving the appointment of a person to be the chief executive,
the Secretary of State must consult the Scottish Ministers.
(6)Subsection (5) may be satisfied by consultation that took place wholly or partly before the commencement of this section.
(7)If there are executive members in addition to the chief executive, each must be a member of the staff of the NDA.
(8)Where the Secretary of State so provides by a direction to the NDA, the non-executive members must secure that the number of executive members in addition to the chief executive—
(a)is not less than the minimum set by the direction; and
(b)does not exceed the maximum so set;
and the direction must not set a maximum of more than three.
(9)The Secretary of State must exercise his powers under this section to secure, so far as practicable, that the number of executive members is at all times less than the number of non-executive members.
(10)Schedule 1 (which contains further provision about the constitution, staffing and proceedings of the NDA) has effect; and subsections (1) to (9) have effect subject to paragraph 4 of that Schedule.
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