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Energy Act 2008

Protection of decommissioning funds
Section 56: Protection of security under approved programme

280.This provision is designed to ensure that in the event of the insolvency of the person responsible for a funded decommissioning programme or a person with obligations under that programme, the monies set aside for meeting the decommissioning costs or cleaning-up the site (and any other designated technical matters) remain available for that purpose and are not available to the general body of creditors. The protection in the event of insolvency applies where funds have been set aside in a trust or other arrangement for meeting the obligations under an approved programme.

281.Subsection (3) provides that the term “security” has a wide meaning for the purpose of funds which will be protected from creditors in the event of insolvency. The list is non-exhaustive.

282.In order to protect the security, subsection (5) disapplies any provision of the Insolvency Act 1986, the Insolvency (Northern Ireland) Order 1989 or any other enactment or rule of law where its operation would prevent or restrict the security being used for the purpose for which it was set up (meeting decommissioning and other relevant liabilities).

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