Nuclear Energy (Financing) Act 2022

36 Procedure etc relating to modifications under section 35 E+W+S

(1) Before making a modification under a power conferred by section 35(1) or (5), the Secretary of State must consult—

(a) the nuclear administrator (including as agent of the relevant licensee nuclear company),

(b) the Authority,

(c) the Office for Nuclear Regulation,

(d) where any part of the relevant site is in England, the Environment Agency,

(e) where any part of the relevant site is in Wales, the Welsh Ministers and Natural Resources Wales,

(f) where any part of the relevant site is in Scotland, the Scottish Ministers and the Scottish Environment Protection Agency,

(g) in the case of a modification under section 35(5), other holders of a licence being modified, and

(h) such other persons as the Secretary of State considers appropriate.

(2) For the purposes of subsection (1), the “relevant site” is the site of the nuclear installation (within the meaning of the Nuclear Installations Act 1965) in respect of which the relevant licensee nuclear company holds a relevant licence.

(3) The powers under section 35(1) and (5)—

(a) may be exercised generally, only in relation to specified cases, or subject to exceptions (including provision for a case to be excepted only so long as specified conditions are satisfied);

(b) may be exercised differently for different purposes;

(c) include a power to make incidental, supplementary, consequential or transitional modifications.

(4) Provision included in a licence, or in a document or agreement described in section 35(5)(b), by virtue of section 35(1) or (5)—

(a) may make different provision for different purposes;

(b) need not relate to the activities authorised by the licence;

(c) may do anything authorised for licences of that type by section 7(4), (5)(a) or (6A) of the Electricity Act 1989.

(5) The Secretary of State must publish details of any modifications made under section 35(1) or (5) as soon as reasonably practicable after they are made.

(6) The Secretary of State may exclude from publication under subsection (5) anything the publication of which the Secretary of State considers—

(a) would be likely to prejudice the commercial interests of any person, or

(b) would be contrary to the interests of national security.

(7) If under section 35(5) the Secretary of State makes a modification of the standard conditions of a licence, the Authority must—

(a) make the same modification of those standard conditions for the purposes of their incorporation in licences of that type granted after that time, and

(b) publish the modification.

(8) A modification made under section 35(1) or (5) of part of a standard condition of a licence does not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of Part 1 of the Electricity Act 1989.

Commencement Information

I1 S. 36 in force at Royal Assent for specified purposes, see s. 44(1)(c)

I2 S. 36 in force at 1.6.2022 in so far as not already in force, see s. 44(2)(c)