—

a

a person falling within subsection (1)(a), (b) or (c), or

b

if a person to whom paragraph (a) applies is a body corporate, a body corporate associated with that person (subject to section 105A),

3

Before requiring a person to submit a decommissioning programme in respect of proposals made by a person within paragraph (a) or (b) of subsection (1), the Secretary of State must be satisfied that at least one of the statutory consents required for giving effect to those proposals—

105ASection 105 notices: supplemental

1

The Secretary of State may not give a notice under section 105(2)(b) to a body corporate associated with a person (“the responsible person”) within section 105(1)(a), (b) or (c) unless the Secretary of State—

a

has given a notice to the responsible person under section 105(2)(a), and

b

is not satisfied that adequate arrangements (including financial arrangements) have been made by the responsible person to ensure that a satisfactory decommissioning programme will be carried out.

2

Subsection (1) does not apply if—

a

there has been a failure to comply with a notice under section 105(2), or

b

the Secretary of State has rejected a programme submitted in compliance with such a notice.

3

For the purposes of this section and section 105, one body corporate is associated with another if one of them controls the other or a third body corporate controls both of them, and subsections (4) to (8) set out the circumstances in which one body corporate (“A”) controls another (“B”).

4

Where B is a company, A controls B if A possesses or is entitled to acquire—

a

one half or more of the issued share capital of B,

b

such rights as would entitle A to exercise one half or more of the votes exercisable in general meetings of B,

c

such part of the issued share capital of B as would entitle A to one half or more of the amount distributed if the whole of the income of B were in fact distributed among the shareholders, or

d

such rights as would, in the event of the winding up of B or in any other circumstances, entitle it to receive one half or more of the assets of B which would then be available for distribution among the shareholders.

5

Where B is a limited liability partnership, A controls B if A—

a

holds a majority of the voting rights in B,

b

is a member of B and has a right to appoint or remove a majority of other members, or

c

is a member of B and controls alone, or pursuant to an agreement with other members, a majority of the voting rights in B.

6

In subsection (5)(a) and (c) the references to “voting rights” are to the rights conferred on members in respect of their interest in a limited liability partnership to vote on those matters which are to be decided on by a vote of the members of the limited liability partnership.

7

In any case, A controls B if A has the power, directly or indirectly, to secure that the affairs of B are conducted in accordance with A’s wishes.

8

In determining whether, by virtue of subsections (4) to (7), A controls B, A is to be taken to possess—

a

any rights and powers possessed by a person as nominee for it, and

b

any rights and powers possessed by a body corporate which it controls (including rights and powers which such a body corporate would be taken to possess by virtue of this paragraph).

3A

A proposal under subsection (3)(b) may, in particular, be made in relation to a body corporate associated with a person who has a duty under section 109(1) (and for this purpose “associated” is to be construed in accordance with section 105A(3) to (8)).

110AProtection of funds held for purposes of decommissioning

1

This section applies where any security in relation to the carrying out of an approved decommissioning programme, or for compliance with the conditions of its approval, has been provided by a person (“the security provider”) by way of a trust or other arrangements.

2

In this section a reference to “the protected assets” is a reference to the security and any property or rights in which it consists.

3

The manner in which, and purposes for which, the protected assets are to be applied and enforceable (whether in the event of the security provider’s insolvency or otherwise) is to be determined in accordance with the trust or other arrangements.

4

For the purposes of subsection (3), no regard is to be had to so much of the Insolvency Act 1986, the Insolvency (Northern Ireland) Order 1989 or any other enactment or rule of law as, in its operation in relation to the security provider or any conduct of the security provider, would—

a

prevent or restrict the protected assets from being applied in accordance with the trust or other arrangement, or

b

prevent or restrict their enforcement for the purposes of being so applied.

5

In subsection (4) “enactment” includes an instrument made under an enactment.

110BSection 110A: supplemental

1

The Secretary of State may direct a security provider to publish specified information about the protected assets.

2

A direction under this section may specify—

a

the time when the information must be published, and

b

the manner of publication.

3

If a security provider fails to comply with a direction, the Secretary of State or a creditor of the security provider may make an application to the court under this section.

4

If, on an application under this section, the court decides that the security provider has failed to comply with the direction, it may order the security provider to take such steps as the court directs for securing that the direction is complied with.

5

In this section—

• “the protected assets” has the same meaning as in section 110A;

• “security provider” means a person who has provided security in relation to which that section applies.

6

In subsections (3) and (4) references to “the court” are references—

a

to the High Court, in relation to an application in England and Wales or Northern Ireland, or

b

to the Court of Session, in relation to an application in Scotland.

ca

an insurance policy;