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Nuclear Energy (Financing) Act 2022

Contents

Territorial extent and application

  1. The extent of an Act can be different from its application. Extent is about the legal jurisdictions of which the provisions in the Act are intended to form part of the law. Application is about where an Act produces a practical effect. The territorial extent and application vary across the different measures included in the Act. A full overview is included in Annex A:
    • For the RAB model and revenue stream measures in Parts 1 and 2, these extend and apply to England and Wales and Scotland only. This is because the unique energy position of Northern Ireland means Northern Ireland consumers would not benefit from energy produced by nuclear energy generation projects under a RAB model in Great Britain, and so should not be obliged to pay.
    • For the changes to the Funded Decommissioning Programme in section 40, these extend and apply to England and Wales and Northern Ireland only. This is in line with the extent of Chapter 1 of Part 3 of the Energy Act 2008.
    • For the Special Administration Regime, the legislation extends and applies to England and Wales and Scotland only. This is because it is linked to the RAB measures in Part 1 of the Act, which extend and apply to England and Wales and Scotland only.
  2. The UK Parliament does not normally legislate with regard to matters that are within the legislative competence of the Scottish Parliament, Senedd Cymru or the Northern Ireland Assembly without the consent of the legislature concerned. It is also the practice of the Government to seek the consent of the devolved legislatures for provisions that would alter the competence of those legislatures or the devolved administrations in Scotland, Wales and Northern Ireland. The matters to which the provisions of the Act relate are not within the legislative competence of any of the devolved legislatures, nor do they alter the competence of those legislatures or the devolved administrations. No legislative consent motion has therefore been sought in relation to any provision of the Act.
  3. Where the provisions of the Act extend or apply within the territory of the devolved administrations, this is done on the basis that these relate to reserved matters under Head C and D of Schedule 5 to the Scotland Act 1998 and Head C and D of Schedule 7A to the Government of Wales Act 2006, or dealing with excepted matters under paragraph 18 of Schedule 2 to the Northern Ireland Act 1998.

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