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Energy Act 2004

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49Duty to assist the Secretary of State
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(1)This section applies where the Secretary of State proposes to make a nuclear transfer scheme.

(2)The transferor shall have the duty, within such period as the Secretary of State may allow—

(a)to provide the Secretary of State, and

(b)to secure, so far as practicable, that its subsidiaries provide the Secretary of State,

with all such information and other assistance as the Secretary of State may require for the purposes of, or in connection with, the making of the scheme.

(3)The duties of the transferor under this section are duties owed to the Secretary of State.

(4)Those duties are to be enforceable by the Secretary of State in civil proceedings—

(a)for an injunction;

(b)for specific performance of a statutory duty under section 45 of the Court of Session Act 1988 (c. 36); or

(c)for any other appropriate remedy or relief.

(5)In this section “the transferor”, in relation to a nuclear transfer scheme, means a person from whom it is proposed that property, rights or liabilities are transferred by the scheme.

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