Part 14Civil nuclear sector

Chapter 4Great British Nuclear

Transfers and pension arrangements etc

I1324Transfer schemes

1

The Secretary of State may make one or more schemes for the transfer of property, rights and liabilities—

a

to a GBN body or a proposed GBN body from—

i

a former GBN body;

ii

a GBN body;

iii

a proposed GBN body;

iv

a Minister of the Crown or Crown body;

v

a designated BNFL body;

vi

an NDA body;

vii

a UKAEA body;

viii

a nominee of a person falling within any of sub-paragraphs (i) to (vii);

b

to a former GBN body, a Minister of the Crown or Crown body, a designated BNFL body or a public body from—

i

a former GBN body;

ii

a GBN body.

2

The things that may be transferred under a transfer scheme include—

a

rights and liabilities relating to a contract of employment;

b

property, rights and liabilities that could not otherwise be transferred;

c

property acquired, and rights and liabilities arising, after the making of the scheme;

d

criminal liabilities.

3

A transfer scheme may—

a

create rights, or impose liabilities, in relation to property, rights or liabilities transferred;

b

make provision about the continuing effect of things done by a transferor in respect of anything transferred;

c

make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to a transferor in respect of anything transferred;

d

make provision for references to a transferor in an instrument or other document in respect of anything transferred to be treated as references to the transferee;

e

make provision for shared ownership or use of the property;

f

make provision for apportioning property, rights or liabilities;

g

require a transferor, an associate of a transferor, or a transferee, to enter into any agreement of any kind, or for a purpose, specified in or determined in accordance with the scheme;

h

make provision for transferring property, rights and liabilities irrespective of any requirement for consent that would otherwise apply;

i

make provision for preventing a right of pre-emption, right of reverter, right of forfeiture, right to compensation or other similar right from arising or becoming exercisable as a result of the transfer of property, rights or liabilities;

j

make provision for dispensing with any formality in relation to the transfer of property, rights or liabilities by the scheme;

k

make provision for reimbursing any person in respect of expenditure reasonably incurred by the person in connection with the making of a transfer scheme;

l

make provision that has the same or similar effect to the TUPE regulations;

m

make other consequential, supplementary, incidental or transitional provision.

4

A transfer scheme may provide—

a

for modifications by agreement;

b

for modifications to have effect from the date when the original scheme came into effect.

5

A transfer scheme may make provision requiring a transferor to provide such co-operation to a transferee as the transferee may reasonably require in connection with the implementation of the scheme.

6

The co-operation that may be required by virtue of subsection (5) includes, in particular, co-operation in relation to—

a

the provision of information;

b

consultation with representatives of employees transferred by the scheme.

7

Any requirement imposed on a person by a transfer scheme is enforceable by the Secretary of State in civil proceedings—

a

for an injunction,

b

for specific performance of a statutory duty under section 45 of the Court of Session Act 1988, or

c

for any other appropriate remedy or relief.

8

Before making a transfer scheme, the Secretary of State must consult—

a

the transferor (or, if there is more than one transferor, the transferors), and

b

such other persons as the Secretary of State considers appropriate.

9

Subsection (8) may be satisfied by consultation before the passing of this Act (as well as by consultation after that time).

10

The making of a transfer scheme is not a trigger event for the purposes of the National Security and Investment Act 2021.

11

In this section—

  • “associate” has the meaning given by section 1152 of the Companies Act 2006;

  • “company” means a company registered under the Companies Act 2006;

  • “Crown body” means any body corporate in which a Minister of the Crown holds, directly or indirectly, any shares or other interest;

  • “designated BNFL body” means a company designated for the purposes of Schedule 7 to the Energy Act 2004 or any body corporate in which a company designated for those purposes holds, directly or indirectly, any shares or other interest;

  • “former GBN body” means—

    1. a

      a company formerly designated as Great British Nuclear, or

    2. b

      any body corporate in which a company formerly designated as Great British Nuclear—

      1. i

        holds, directly or indirectly, any shares or other interest, and

      2. ii

        held, directly or indirectly, any shares or other interest, at a time at which it was designated as Great British Nuclear;

  • “GBN body” means Great British Nuclear or any body corporate in which Great British Nuclear holds, directly or indirectly, any shares or other interest;

  • “information” includes documents;

  • “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (see section 8(1) of that Act);

  • “NDA company” means the Nuclear Decommissioning Authority (established by section 1 of the Energy Act 2004) or any body corporate in which the Nuclear Decommissioning Authority holds, directly or indirectly, any shares or other interest;

  • “proposed GBN body” means a company that the Secretary of State proposes to designate as Great British Nuclear or any body corporate in which a company proposed to be designated for those purposes holds, directly or indirectly, any shares or other interest;

  • “public body” means a body established by an enactment (within the meaning of Part 1 of this Act) or any body corporate in which a body established by an enactment holds, directly or indirectly, any shares or other interest;

  • “the TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246);

  • “UKAEA body” means the United Kingdom Atomic Energy Authority (established by section 1 of the Atomic Energy Authority Act 1954) or any body corporate in which the United Kingdom Atomic Energy Authority holds, directly or indirectly, any shares or other interest.