{
  "url": "https://openlegislation.uk/energy-act-2004/section-39",
  "json_url": "https://openlegislation.uk/energy-act-2004/section-39.json",
  "legislation": "ukpga/2004/20",
  "legislation_title": "Energy Act 2004",
  "legislation_url": "https://openlegislation.uk/energy-act-2004",
  "path": "section/39",
  "kind": "section",
  "number": "39",
  "heading": "Transfers of publicly owned assets",
  "text": "(1) A nuclear transfer scheme may provide for a transfer to—\n(a) a publicly owned company,\n(b) the NDA, or\n(c) a consenting person,\nof property, rights and liabilities falling within subsection (2) that are set out in the scheme.\n(2) The property, rights and liabilities that may be transferred are—\n(a) securities of BNFL;\n(b) securities of a company falling within subsection (3);\n(c) property, rights and liabilities of BNFL or the UKAEA;\n(d) property, rights and liabilities of a company falling within subsection (3);\n(e) property, rights and liabilities of a wholly-owned subsidiary of BNFL, of the UKAEA or of a company falling within that subsection.\n(3) A company falls within this subsection if—\n(a) it is a nuclear company that is publicly owned; or\n(b) it is a company designated for the purposes of this section by an order made by the Secretary of State.\n(4) The Secretary of State may designate a company for the purposes of this section only if it is a publicly owned company to which—\n(a) securities of BNFL,\n(b) property, rights or liabilities of BNFL, or\n(c) property, rights or liabilities of a wholly-owned subsidiary of BNFL,\nwere transferred (whether in accordance with a nuclear transfer scheme or otherwise) at a time when both the company and BNFL were publicly owned.\n(5) The Secretary of State must lay a copy of every order under subsection (3) before Parliament.\n(6) Nothing in this section authorises—\n(a) a transfer of securities of BNFL, or\n(b) a transfer of property, rights or liabilities of BNFL or of a wholly-owned subsidiary of BNFL,\nat a time when BNFL is no longer publicly owned.\n(7) Nothing in this section authorises—\n(a) a transfer of securities of a company designated for the purposes of this section, or\n(b) a transfer of property, rights or liabilities of such a company or of a wholly-owned subsidiary of such a company,\nat a time when the company is no longer publicly owned.\n(8) Schedule 6 (which makes provision about the structure etc. of publicly owned companies to which transfers are made that are authorised by this section) has effect.\n(9) For the purposes of this section a person is a consenting person, in relation to a nuclear transfer scheme, if he has consented to the provisions of the scheme so far as they relate to him.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 39 in force at 5.10.2004 by S.I. 2004/2575, art. 2(1), Sch. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2004/20/section/39",
    "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."
}