Nuclear Energy (Financing) Act 2022

12 Provision of information to or by the Authority E+W+S

(1) The Authority may provide to a person within subsection (2) such information as the Authority considers necessary in connection with the exercise by the Authority of its functions relating to the regulation of a relevant licensee nuclear company.

(2) The following persons are within this subsection—

(a) the Office for Nuclear Regulation;

(b) the national system operator;

(c) a nuclear administrator appointed under Part 3 in relation to the relevant licensee nuclear company;

(d) where any part of the site for the nuclear project is in England, the Environment Agency;

(e) where any part of the site for the nuclear project is in Wales, Natural Resources Wales;

(f) where any part of the site for the nuclear project is in Scotland, the Scottish Environment Protection Agency;

(g) any other person with regulatory functions the exercise of which the Authority considers relevant to the exercise by the Authority of its functions relating to the regulation of a relevant licensee nuclear company.

(3) The Authority may by notice request from a person within subsection (2) such information as the Authority considers necessary in connection with the exercise by the Authority of its functions relating to the regulation of a relevant licensee nuclear company.

(4) A person to whom a request is made under subsection (3) must, so far as reasonably practicable, provide the requested information within such period, and in such form and manner, as may be specified in the notice.

(5) The Authority must reimburse a person to whom a request is made under subsection (3) for any costs reasonably incurred by the person in providing the Authority with the requested information.

(6) Except as provided by subsection (7), the disclosure of information under this section does not breach—

(a) any obligation of confidence owed by the person making the disclosure, or

(b) any other restriction on the disclosure of information (however imposed).

(7) This section does not authorise or require a disclosure of information if the disclosure would contravene the data protection legislation (but in determining whether a disclosure would do so, the power conferred by subsection (1) or, as the case may be, a requirement imposed by virtue of subsection (3) is to be taken into account).

(8) In this section—

• “information” includes advice;

• “national system operator” means the person operating the national transmission system for Great Britain (and for this purpose “transmission system” has the same meaning as in the Electricity Act 1989, as to which see section 4(4) of that Act).

Commencement Information

I1 S. 12 in force at 1.6.2022, see s. 44(2)(a)