Energy Act 2004

16 Duties to operate installations and to provide treatment etc.

(1) This section applies where the NDA has a responsibility for securing—

(a) the operation of a nuclear installation;

(b) the operation of a facility for treating, storing, transporting or disposing of hazardous material;

(c) the operation of any other facility;

(d) the treatment, storage, transportation or disposal, in designated circumstances, of hazardous material; or

(e) the management of any land not comprised in a site designated as a site to be cleaned up.

(2) That responsibility is an obligation to secure that—

(a) the installation or facility is operated,

(b) the hazardous material is treated, stored, transported or disposed of, or

(c) the land is managed,

in accordance with general and specific directions.

(3) The power to give directions under subsection (2) is exercisable—

(a) in relation to any matter connected with responsibilities of the NDA falling within section 6(2), by the Secretary of State and the Scottish Ministers, acting jointly; and

(b) in relation to any other matter, by the Secretary of State.

(4) In discharging that responsibility the NDA must also act—

(a) in accordance with the NDA’s approved strategy for the operation of designated installations and designated facilities; and

(b) in each financial year, in accordance with the NDA’s approved plan for that year.