Nuclear Energy (Financing) Act 2022

3 Designation: procedure

(1) The Secretary of State must publish a statement setting out—

(a) the procedure that the Secretary of State expects to follow in determining whether to exercise the power under section 2(1), and

(b) how the Secretary of State expects to determine whether the designation criteria mentioned in section 2(3) are met.

(2) Before designating a nuclear company under section 2(1), the Secretary of State must—

(a) prepare draft reasons for the designation, and

(b) consult the persons listed in subsection (3) (including on the draft reasons).

(3) Those persons are—

(a) the nuclear company that the Secretary of State proposes to designate;

(b) the Authority;

(c) the Office for Nuclear Regulation;

(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, the Welsh Ministers and Natural Resources Wales;

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

(g) such other persons as the Secretary of State considers appropriate.

(4) A duty imposed by subsection (1) or (2) may be satisfied by things done before the passing of this Act (as well as by things done after that time).

(5) A designation notice must include—

(a) a description of the nuclear project,

(b) the Secretary of State’s reasons for the designation (amended as appropriate in light of consultation under subsection (2)(b)),

(c) details of any conditions imposed by the Secretary of State in relation to the designation and of the consequences of a failure to comply with any such condition, and

(d) the date of the notice.

(6) The Secretary of State must—

(a) publish a designation notice, and

(b) in addition to giving the designation notice to the nuclear company being designated, give a copy of it to the other persons consulted under subsection (2)(b).