Paragraph 28 Nuclear Reactors (Environmental Impact for Decommissioning) Regulations 1999

(1)

Any transitional expenses—

(a)

are to be treated on and after 1st April 2014 as expenses of the ONR; and

(b)

subject to sub-paragraph (2), the ONR shall require each licensee to repay the liability sum in accordance with regulation 15 of the 1999 Regulations.

(2)

Where a licensee has made one or more relevant payments, the ONR may only require that licensee to repay so much of the relevant liability sum as exceeds the total amount of the relevant payments made by the licensee.

(3)

Any relevant expenses which are not transitional expenses are recoverable by the HSE under regulation 15 of the 1999 Regulations as if the amendments to that regulation by Schedule 3 of this Order had not been made.

(4)

Nothing in this paragraph affects the liability of the HSE to make a repayment to a licensee in accordance with regulation 15(5) of the 1999 Regulations in any case where any relevant payment or payments made by the licensee exceed the liability sum.

(5)

In this paragraph—

(a)

“the 1999 Regulations” means the Nuclear Reactors (Environmental Impact for Decommissioning) Regulations 1999;

(b)

“liability sum” means, in relation to a licensee, so much of the transitional expenses as appeared to the HSE, immediately before 1st April 2014, to be attributable to that licensee in accordance with regulation 15(2)(a) of the 1999 Regulations;

(c)

“relevant expenses” means expenses—

(i)

incurred by the HSE immediately before 1st April 2014; and

(ii)

to which regulation 15(1) of the 1999 Regulations applied immediately before that date;

(d)

“relevant payment” means, in relation to a licensee, a payment made by the licensee under regulation 15(2)(b) of the 1999 Regulations before 1st April 2014;

(e)

“transitional expenses” means any relevant expenses which, immediately before 1st April 2014, had not been invoiced to the licensees to whom HSE considered those expenses to be attributable.