Energy Act 2008

46 Approval of a programme E+W+N.I.

(1) The Secretary of State may approve or reject a funded decommissioning programme submitted under section 45 in respect of a site.

(2) The Secretary of State may approve a programme—

(a) with or without modifications, and

(b) unconditionally or subject to conditions.

(3) A modification under subsection (2) may, in particular, impose obligations, or additional obligations, on a body corporate associated with the person who submitted the programme.

(4) The Secretary of State's powers under subsections (1) to (3) must be exercised with the aim of securing that prudent provision is made for the technical matters (including the financing of the designated technical matters).

(5) Before deciding whether to approve or reject a programme, the Secretary of State must consult each interested body about—

(a) the programme, and

(b) any modification which it is proposed to make, or any condition it is proposed to impose,

so far as it relates to a function conferred on the interested body by or under an enactment.

(6) “Interested body” means—

(a) the Health and Safety Executive,

(b) in relation to a funded decommissioning programme for a site in England and Wales, the Environment Agency, and

(c) in relation to a funded decommissioning programme for a site in Northern Ireland, the Department of the Environment for Northern Ireland.

(7) Before approving a programme with modifications or subject to conditions, the Secretary of State must give the following persons an opportunity to make written representations about the proposed modifications or conditions—

(a) the site operator;

(b) any other person with obligations under the programme;

(c) in the case of proposed modifications, any person who would have such obligations were the modifications made.

(8) The Secretary of State may not reject a programme without informing the site operator of the reasons for doing so.

(9) The Secretary of State must act without unreasonable delay in reaching a decision as to whether to approve or reject a programme.

(10) Where a nuclear site licence has been applied for, but not yet granted, in respect of a site, references in this section to the site operator include references to the person who has applied for a nuclear site licence in respect of the site.

Commencement Information

I1 S. 46 in force at 6.4.2009 by S.I. 2009/45, art. 4(b)(i)