http://www.legislation.gov.uk/ukpga/2004/20/section/110AEnergy Act 2004An Act to make provision for the decommissioning and cleaning up of installations and sites used for, or contaminated by, nuclear activities; to make provision relating to the civil nuclear industry; to make provision about radioactive waste; to make provision for the development, regulation and encouragement of the use of renewable energy sources; to make further provision in connection with the regulation of the gas and electricity industries; to make provision for the imposition of charges in connection with the carrying out of the Secretary of State’s functions relating to energy matters; to make provision for giving effect to international agreements relating to pipelines and offshore installations; and for connected purposes.texttext/xmlenStatute Law Database2025-09-19Expert Participation2025-09-18 Energy Act 2004s. 137(3)(c)-(e)Energy Act 2011s. 117(b)s. 121(1) Part 2 Chapter 3110A1This section applies where any security in relation to the carrying out of an approved decommissioning programme, or for compliance with the conditions of its approval, has been provided by a person (“the security provider”) by way of a trust or other arrangements.2In this section a reference to “the protected assets” is a reference to the security and any property or rights in which it consists.3The manner in which, and purposes for which, the protected assets are to be applied and enforceable (whether in the event of the security provider's insolvency or otherwise) is to be determined in accordance with the trust or other arrangements.4For the purposes of subsection (3), no regard is to be had to so much of the Insolvency Act 1986, the Insolvency (Northern Ireland) Order 1989 or any other enactment or rule of law as, in its operation in relation to the security provider or any conduct of the security provider, would—aprevent or restrict the protected assets from being applied in accordance with the trust or other arrangement, orbprevent or restrict their enforcement for the purposes of being so applied.5In subsection (4) “enactment” includes an instrument made under an enactment.Ss. 110A, 110B inserted (6.4.2009) by Energy Act 2008 (c. 32), ss. 70(1), 110(2); S.I. 2009/45, art. 4(b)(ii)S. 110A applied (with modifications) (E.W.S.) (30.6.2015) by The Swansea Bay Tidal Generating Station Order 2015 (S.I. 2015/1386), arts. 1, 42(4)(5)(e) (with arts. 51, 53)