{
  "url": "https://openlegislation.uk/energy-act-2004/section-105A",
  "json_url": "https://openlegislation.uk/energy-act-2004/section-105A.json",
  "legislation": "ukpga/2004/20",
  "legislation_title": "Energy Act 2004",
  "legislation_url": "https://openlegislation.uk/energy-act-2004",
  "path": "section/105A",
  "kind": "section",
  "number": "105A",
  "heading": "Section 105 notices: supplemental",
  "text": "(1) The appropriate Minister 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 appropriate Minister—\n(a) has given a notice to the responsible person under section 105(2)(a), and\n(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.\n(2) Subsection (1) does not apply if—\n(a) there has been a failure to comply with a notice under section 105(2), or\n(b) the appropriate Minister has rejected a programme submitted in compliance with such a notice.\n(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”).\n(4) Where B is a company, A controls B if A possesses or is entitled to acquire—\n(a) one half or more of the issued share capital of B,\n(b) such rights as would entitle A to exercise one half or more of the votes exercisable in general meetings of B,\n(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\n(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.\n(5) Where B is a limited liability partnership, A controls B if A—\n(a) holds a majority of the voting rights in B,\n(b) is a member of B and has a right to appoint or remove a majority of other members, or\n(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.\n(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.\n(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.\n(8) In determining whether, by virtue of subsections (4) to (7), A controls B, A is to be taken to possess—\n(a) any rights and powers possessed by a person as nominee for it, and\n(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).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "S. 105A inserted (6.4.2009) by Energy Act 2008 (c. 32), ss. 69(4), 110(2); S.I. 2009/45, art. 4(b)(ii)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Pt. 2 Ch. 3 substituted (1.4.2017) by Scotland Act 2016 (c. 11), ss. 62(10)(11), 72(4)(e); S.I. 2017/300, reg. 3 (with regs. 4-6)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2004/20/section/105A",
    "retrieved_at": "2026-10-29T09:17:05.990250+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}