Explanatory Notes

Energy Act 2008

2008 CHAPTER 32

26 November 2008

Part 3: Decommissioning of Energy Installations

Chapter 1: Nuclear Sites: Decommissioning and Clean-Up
Commentary on Sections
Miscellaneous
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:

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.