# The Nuclear Decommissioning and Waste Handling (Finance and Fees) Regulations 2013, Note: Explanatory note

Extent: E+W+N.I.

(This note is not part of the Regulations)
Chapter 1 of Part 3 of the Energy Act 2008 (“the 2008 Act”) sets out the legislative framework for funded decommissioning programmes. These Regulations are made using the powers in that Chapter, in relation the preparation, content, implementation and modification of such programmes. These Regulations replace the Nuclear Decommissioning and Waste Handling (Finance and Fees) Regulations 2011 (“the 2011 Regulations”). They contain a transitional provision for any funded decommissioning programme already submitted under the 2011 Regulations.
Regulation 5 requires that the estimates of costs of the designated technical matters in the funded decommissioning programme be shown in two parts. Regulation 6 sets out the costs which will form the basis for calculating the fees payable to the Secretary of State and matters where fees are payable by site operators. Regulation 7 sets out the information which must accompany the submission of a funded decommissioning programme. Regulation 8 requires that an operator must provide reports to the Secretary of State when the reactor goes critical for the first time, and then on an annual basis and a five yearly basis (a “quinquennial report”). Regulation 9 provides detail about the content of those reports and regulation 10 addresses the verification by independent third parties of the reports made to the Secretary of State.
Regulation 11 describes certain exempt modifications that can be made without the approval of the Secretary of State. These are subject to conditions and thresholds set out in these Regulations, and provide that they may only be relied upon where information relating to the modification has been provided to the Secretary of State. Regulation 12 sets out the additional requirements a site operator must meet when the modification involves a significant increase in the estimated costs of decommissioning or waste management. Regulation 13 sets out the information requirements for proposed modifications to the funded decommissioning programme to which section 49 of the 2008 Act applies. Regulation 14 sets out the information the site operator must provide where it is seeking to make a modification to which section 49 does not apply.
Regulation 15 requires the Secretary of State to review the operation and effect of these Regulations and publish a report within ten years after the Regulations come into force. Following the review it will fall to the Secretary of State to consider whether the Regulations should be revoked or continue in force with or without amendment.
A full impact assessment of the effect that this instrument will have on the costs of business is available from Department of Energy and Climate Change, 3 Whitehall Place, London, SW1A 2AW and is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk. Copies have also been placed in both Houses of Parliament.

---
Source: https://www.legislation.gov.uk/uksi/2013/126/note (the official version)
Page: https://openlegislation.uk/nuclear-decommissioning-and-waste-handling-finance-and-fees-regulations-2013/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.