SCHEDULES

SCHEDULE 2Procedural requirements applicable to NDA’s strategy

Strategy reviews and revisions

I13

1

The NDA must carry out and complete a review of its strategy before the end of each review period.

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.