Energy Act 2004

1 (1) In this Schedule— U.K.

• “designated BNFL company” means a company designated for the purposes of this Schedule by an order made by the Secretary of State;

• “transferee company” means a body corporate which is—

  (a)

  a body corporate to which a transfer has been made in accordance with a nuclear transfer scheme; but

  (b)

  not a subsidiary of the UKAEA;

• “transferor”, in relation to a transfer scheme, means the person from whom property, rights and liabilities are transferred to a transferee company in accordance with the scheme.

(2) The Secretary of State may designate a company for the purposes of this Schedule as a designated BNFL company only if, without being a subsidiary of the UKAEA, it is a publicly controlled company to which—

(a) securities of BNFL or of a designated BNFL company,

(b) property, rights or liabilities of BNFL or of a designated BNFL company, or

(c) property, rights or liabilities of a wholly-owned subsidiary of BNFL or of a designated BNFL company,

were transferred (whether in accordance with a nuclear transfer scheme or otherwise) at a time when both the person from whom they were transferred and the company to which they were transferred were publicly controlled.

(3) For the purposes of this Schedule a body corporate is wholly-owned by the Crown if it is a company limited by shares each of which is held on behalf of the Crown.

(4) A share in a company is held on behalf of the Crown if, and only if, it is held by—

(a) the Treasury;

(b) a Minister of the Crown;

(c) another company which is wholly-owned by the Crown; or

(d) a nominee of a person falling within paragraphs (a) to (c).

(5) An order designating a company for the purposes of this Schedule must be laid before Parliament.

(6) References in this Schedule to a nuclear transfer scheme include references to any modification agreement (within the meaning of Schedule 5) relating to that scheme.

(7) In this paragraph “company” [F1 means a company as defined in section 1(1) of the Companies Act 2006].

Textual Amendments

F1 Words in Sch. 7 para. 1(7) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 220(9) (with art. 10)

Commencement Information

I1 Sch. 7 para. 1 in force at 5.10.2004 by S.I. 2004/2575, art. 2(1), Sch. 1