Energy Act 2013

3 (1) This paragraph applies where an inspector is of the opinion that a person— E+W+S

(a) is contravening one or more applicable provisions, or

(b) has contravened one or more of those provisions in circumstances that make it likely that the contravention will continue or be repeated.

(2) The inspector may, if authorised, give the person a notice (an “improvement notice”) requiring the person to remedy—

(a) the contravention, or

(b) as the case may be, the matters giving rise to the notice,

within the period specified in the notice.

(3) The improvement notice must—

(a) specify the applicable provision or provisions in question, and

(b) state that the inspector is of the opinion mentioned in sub-paragraph (1), and why.

(4) The period specified under sub-paragraph (2) must end no earlier than the period within which an appeal against the notice may be brought under paragraph 6.

(5) In this paragraph “applicable provision” means—

(a) [F1 any of the relevant statutory provisions other than any provision of nuclear regulations which is identified in accordance with section 74(9) (provision made for nuclear security purposes),] or

(b) any condition attached to a nuclear site licence under section 4 of the Nuclear Installations Act 1965 relating to a site in England, Wales or Scotland.

Textual Amendments

F1 Sch. 8 para. 3(5)(a) substituted (31.12.2020) by Nuclear Safeguards Act 2018 (c. 15), s. 6(2), Sch. para. 11(2); S.I. 2020/1547, reg. 2(b)

Modifications etc. (not altering text)

C1 Sch. 8 modified (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 1 para. 5(2)Sch. 1 para. 5(3)(b) (with Sch. 1 paras. 6, 4)

Commencement Information

I1 Sch. 8 para. 3 in force at 1.4.2014 by S.I. 2014/251, art. 4