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.