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Energy Act 2008

Section 64: Continuity of obligations

298.This section provides that the obligations on an operator (or former operator) under a decommissioning programme remain until the Secretary of State explicitly releases them from their obligations, even if it no longer holds a site licence.

299.Subsection (4) sets out that the Secretary of State can release the operator from some or all of their obligations under a programme. In releasing the operator, the Secretary of State may release it from:

  • all of the former site operator’s obligations or only specified obligations;

  • its obligations in relation to part of, or the whole site;

  • its obligations in relation to all nuclear installations on a site, or only to specified installations.

300.Subsection (5) provides that the power in subsection (3) applies in relation to any other person with obligations under the programme as it applies to the site operator. Subsection (6) provides that this section does not affect the obligations under this Chapter of any other person who applies for and is granted a nuclear site licence in relation to the site referred to.

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