Statutory Instruments
2016 No. 702
Nuclear Energy
The Nuclear Decommissioning and Waste Handling (Finance and Fees) (Amendment) Regulations 2016
Made
5th July 2016
Laid before Parliament
6th July 2016
Coming into force
31st July 2016
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 45A, 46(3H), 49(3), 54(1) and (2), 66(3A) and (3B) and 104 of the Energy Act 2008( 1 ).
Citation and commencement
1. These Regulations may be cited as the Nuclear Decommissioning and Waste Handling (Finance and Fees) (Amendment) Regulations 2016 and come into force on 31st July 2016.
Interpretation
2. In these Regulations, “the 2013 Regulations” means the Nuclear Decommissioning and Waste Handling (Finance and Fees) Regulations 2013( 2 ).
Amendments to the 2013 Regulations
3. —(1) Regulation 6 of the 2013 Regulations (fees payable in relation to funded decommissioning programmes) is amended as follows.
(2) After paragraph (1) insert—
“ (1A) A person who informs the Secretary of State of a proposal to submit a funded decommissioning programme must pay a fee to the Secretary of State for the amount of costs reasonably incurred by the Secretary of State for relevant advice in relation to the consideration of the proposed programme (or any particular aspect of it). ” .
(3) After paragraph (2) insert—
“ (2A) Where a person requests advice from the Secretary of State about the making of a section 48 proposal, the site operator must pay a fee to the Secretary of State for the amount of costs reasonably incurred by the Secretary of State for relevant advice in relation to that request. ” .
4. After regulation 6 of the 2013 Regulations insert—
“ Fees payable in relation to section 46 agreements
6A. —(1) Where the Secretary of State makes or amends a section 46 agreement (or it is proposed that such an agreement be made or amended) the site operator must pay a fee to the Secretary of State for the amount of costs reasonably incurred for relevant advice in relation to—
(a) the agreement;
(b) any amendment to the agreement; or
(c) any proposal for an agreement or amendment.
(2) Paragraphs (5) and (6) of regulation 6 apply in relation to a fee payable under this regulation.
(3) In paragraph (1)—
“relevant advice” has the same meaning as in regulation 6; and
“section 46 agreement” means an agreement of the kind referred to in section 46(3A).
Fees payable in relation to section 66 agreements
6B. —(1) A person making a proposal to the Secretary of State to enter into a section 66 agreement, or proposing any amendment to such an agreement, must pay a fee to the Secretary of State for the amount of costs reasonably incurred for relevant advice in relation to—
(a) the agreement;
(b) any amendment to the agreement; or
(c) any proposal for an agreement or amendment.
(2) Paragraphs (5) and (6) of regulation 6 apply in relation to a fee payable under this regulation.
(3) In paragraph (1)—
“relevant advice” has the same meaning as in regulation 6; and
“section 66 agreement” means an agreement of the kind referred to in section 66(1). ” .
Andrea Leadsom
Minister of State
Department of Energy and Climate Change
5th July 2016
2008 c. 32 . Section 45A was inserted by section 149(1) and (2) of the Energy Act 2013 (c. 32) . Section 46(3A) to (3G) was inserted by section 106(1) and (2) of the Energy Act 2011 (c. 16) . Section 46(3H) was inserted by section 149(1) and (3) of the Energy Act 2013. Section 49(3) was amended by section 149(1) and (4) of the Energy Act 2013. Section 66(3A) and (3B) were inserted by section 149(1) and (5) of the Energy Act 2013.
S.I. 2013/126 , as amended by S.I. 2013/1875 .