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Energy Act 2008

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52Provision of information and documents

(1)This section applies where either Condition A or Condition B is satisfied.

(2)Condition A is that a funded decommissioning programme has been submitted to the Secretary of State under section 45 and the Secretary of State has not yet decided whether to approve or reject it.

(3)Condition B is that—

(a)a modification of a programme, or of the conditions subject to which a programme is approved, has been proposed in accordance with section 48,

(b)the modification is not one to which regulations under section 50(1) apply, and

(c)the Secretary of State has not yet decided whether the modification should be made.

(4)The Secretary of State may by notice in writing require a person within subsection (5) —

(a)to produce documents, or documents of a description, specified in the notice, or

(b)to provide information, or information of a description, specified in the notice.

(5)Those persons are—

(a)the site operator;

(b)any other person with obligations under the programme;

(c)in a case where Condition A is satisfied, any body corporate associated with the site operator and in relation to which the Secretary of State is considering making a modification under section 46 which, if made, would result in the body corporate having obligations under the programme;

(d)in a case where Condition B is satisfied, any person who would have such obligations if the proposed modification were made.

(6)A notice under subsection (4)—

(a)must specify the period within which the documents or information are to be provided or produced;

(b)may, in the case of information, require it to be provided in a manner or form specified in the notice.

(7)This section applies only to information and documents the provision or production of which the Secretary of State considers necessary for the purpose of making the decision referred to in subsection (2) or (3).

(8)If at any time it appears to the Secretary of State that a person has failed to comply with a notice under subsection (4), the Secretary of State may make an application to the High Court under this section.

(9)If, on an application under this section, the High Court decides that the person has failed to comply with the notice, it may order the person to take such steps as it directs for securing that the notice is complied with.

(10)Where a nuclear site licence has been applied for, but not yet granted, in respect of a site, references in this section to the site operator include references to the person who has applied for a nuclear site licence in respect of the site.

53Power to review operation of programme

(1)This section applies where a funded decommissioning programme has been approved by the Secretary of State in relation to a site under section 46.

(2)The Secretary of State may by notice in writing require information relating to the operation of the programme from—

(a)the site operator;

(b)any other person who has obligations under the programme.

(3)A notice under subsection (2) may be given only for the purpose of enabling the Secretary of State to determine—

(a)whether the programme is being complied with;

(b)whether it will be possible for obligations under the programme arising at a future date to be complied with;

(c)whether the programme makes prudent provision for the technical matters (including the financing of the designated technical matters).

(4)Subsection (5) applies if the Secretary of State has reason to believe (whether as a result of information obtained under this section or otherwise)—

(a)that the programme is not being complied with,

(b)that it will not be possible for an obligation under the programme arising at a future date to be complied with, or

(c)that the programme does not make prudent provision for the matters mentioned in subsection (3)(c).

(5)The Secretary of State may by notice in writing require information from—

(a)the site operator,

(b)any other person who has obligations under the programme, or

(c)any body corporate associated with the site operator,

for the purpose of enabling the Secretary of State to determine whether to make a proposal, or the nature of any proposal to be made, under section 48 in respect of the programme.

(6)Where a notice under subsection (2) or (5) has been given, the Secretary of State may require the site operator to pay to the Secretary of State such fee in respect of costs incurred by the Secretary of State in obtaining advice in relation to the information as may be determined in accordance with regulations under section 54.

(7)A fee under subsection (6) must be paid at a time determined in accordance with regulations under section 54.

(8)If at any time it appears to the Secretary of State that a person has failed to comply with a notice under subsection (2) or (5), the Secretary of State may make an application to the High Court under this section.

(9)If, on an application under this section, the High Court decides that the person has failed to comply with the notice, it may order the person to take such steps as it directs for securing that the notice is complied with.

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