Energy Act 2004

Strategy reviews and revisions U.K.

3 (1) The NDA must carry out and complete a review of its strategy before the end of each review period. U.K.

(2) If, in consequence of such a review, the NDA decides that it is necessary to revise its strategy, it must submit the draft of its proposed revision for approval.

(3) If, in consequence of such a review, the NDA decides that it is unnecessary to revise its strategy, it must submit its current strategy for the renewal of the strategy’s approval.

(4) The obligation, following a review, to submit—

(a) the draft revision of the NDA’s strategy prepared in consequence of the review, or

(b) the strategy the approval of which is for renewal,

is an obligation to submit it as soon as reasonably practicable after the completion of the review.

(5) The NDA may revise its strategy otherwise than in consequence of a review.

(6) A revision otherwise than in consequence of a review takes effect without approval except to the extent that it contains modifications of the NDA’s strategy which—

(a) are likely to require a significant increase over its previous estimate in the money required for giving effect to the strategy;

(b) significantly alter the priorities of the NDA as respects different installations or sites; or

(c) relate to the objectives of the NDA for an installation or site.

(7) Accordingly, the NDA must submit for approval so much of every proposed revision which—

(a) is made otherwise than in consequence of a review; but

(b) involves modifications falling within sub-paragraph (6)(a) to (c).

(8) The persons to whom a submission for approval, or for a renewal of approval, must be made are—

(a) in a case where what is submitted contains anything relating to responsibilities of the NDA falling within section 6(2), the Secretary of State and the Scottish Ministers; and

(b) in any other case, the Secretary of State.

(9) In this paragraph “review period” means—

(a) the period of five years beginning with the end of the twelve month period mentioned in paragraph 2; or

(b) a period of five years beginning with the day after the completion of a review under this paragraph.

Commencement Information

I1 Sch. 2 para. 3 in force at 31.3.2005 by S.I. 2005/442, art. 2(2), Sch. 2