Energy Act 2004

Prospective

13 Annual plans E+W+S+N.I.

(1) The NDA must, for each financial year, prepare a plan—

(a) for the carrying out, during that year, of work towards decommissioning the installations designated as installations to be decommissioned;

(b) for the carrying out, during that year, of work towards cleaning up the sites designated as sites to be cleaned up;

(c) for the operation, during that year, of the installations and facilities designated as installations or facilities whose operation is to be secured by the NDA; and

(d) for the carrying out during that year of its other functions.

(2) The plan must be prepared and, not less than three months before the commencement of the financial year to which it relates, submitted for approval—

(a) in a case where it contains anything relating to responsibilities of the NDA falling within section 6(2), to the Secretary of State and the Scottish Ministers; and

(b) in any other case, to the Secretary of State.

(3) The plan for a financial year, so far as it relates to decommissioning and cleaning-up, must set out—

(a) a summary of the decommissioning and cleaning-up work which the NDA is intending should be carried out during that year;

(b) the arrangements that have been made, or are to be made, for securing that agreements for the carrying out of that work are entered into;

(c) the agreements (if any) that have already been entered into for that purpose or under which that work is to be carried out;

(d) an estimate of the expenditure that will be incurred by the NDA during that year in respect of decommissioning or cleaning-up work carried out during that year or previously or in respect of decommissioning and cleaning-up work to be carried out in subsequent years;

(e) any proposals to which it intends to give effect during that year that relate to, or will affect, the management of installations or sites designated as installations or sites to be decommissioned or cleaned up; and

(f) the extent to which its plans for the year contribute to the achievement of the objectives set out in its strategy.

(4) The plan for a financial year, so far as it relates to the operation of installations and facilities, must set out—

(a) an estimate of the expenditure that will be incurred during that year on the running costs of the installations and facilities and on the management of the sites where they are located;

(b) an estimate of the capital expenditure that will be incurred during that year in connection with the discharge of the NDA’s responsibilities in relation to those installations and facilities and with the management of those sites;

(c) an estimate of the income it is likely to secure during that year from the operation of the installations and facilities and from the management of those sites; and

(d) any proposals to which the NDA intends to give effect during that year that relate to or will affect the operation of the installations or facilities, or the management of the sites where they are located.

(5) The plan for a financial year, so far as it relates to the NDA’s other functions, must—

(a) set out all the activities of significance that the NDA proposes to carry on during that year in the carrying out of those other functions; and

(b) an estimate of the expenditure that will be incurred in the carrying out of those other functions.

(6) The plan for a financial year must also set out any other matters that the Secretary of State directs the NDA to include in its plan for that year.

(7) In this section references, in relation to the preparation of a plan for a financial year, to a site, installation or facility designated for any purpose include references to a site, installation or facility designated by a direction which—

(a) is not yet in force; but

(b) is to come into force during that financial year.

(8) Schedule 3 (which makes provision about consultation and about the approval and publication of the NDA’s annual plan) has effect.