# The Nuclear Decommissioning and Waste Handling (Finance and Fees) Regulations 2013, Regulation 4: Interpretation

Extent: E+W+N.I.

(1) In these Regulations—
“the 2008 Act” means the Energy Act 2008 and a reference to a numbered section is to that section of the 2008 Act;
“annual report” has the meaning given in regulation 9;
“annual reporting period” means—
(a)in the case of a site operator that is required to file accounts, each financial year after the first criticality reporting period;
(b)in the case of a site operator that is not required to file accounts, each period of twelve months after the first criticality reporting period;
“associated person” means a person other than the site operator who has obligations under a funded decommissioning programme;
“DTM estimates” means estimates of the costs likely to be incurred in connection with the designated technical matters;
“DTM verification report” means a report which contains an assessment by a verifier of—
(a)where the report accompanies the submission of a funded decommissioning programme, a first criticality report or a quinquennial report, whether or not the site operator’s DTM estimates are reasonable;
(b)where the report accompanies an annual report or a section 48 proposal, either of which contains DTM estimates that are different from the DTM estimates contained in the latest of the site operator’s—
(i)approved funded decommissioning programme;
(ii)first criticality report;
(iii)most recent annual report;
(iv)most recent quinquennial report;
(v)funded decommissioning programme as modified by the last approved modification made under section 48;
(vi)most recent modification verification report;
whether or not any such differences are reasonable;
“file accounts” means deliver accounts under section 441 of the Companies Act 2006;
“financial verification report” means a report which contains—
(a)an assessment by a verifier of the site operator’s compliance, during the first criticality or quinquennial reporting period as appropriate, with such of its obligations under the funded decommissioning programme relating to the financing of the costs likely to be incurred in connection with the designated technical matters as may be specified in the funded decommissioning programme for the purposes of these Regulations; and
(b)the verifier’s valuation of any assets held in a fund, and of any specified security, as at the last day of the first criticality or quinquennial reporting period as appropriate;
“financial year” means the site operator’s financial year and has the meaning given in section 390 of the Companies Act 2006;
“first criticality” means the date on which the first chain nuclear reaction in a nuclear installation on the site to which a funded decommissioning programme relates becomes self sustaining;
“first criticality report” has the meaning given in regulation 9;
“first criticality reporting period” means—
(a)in the case of a site operator required to file accounts, the period beginning on the date on which the funded decommissioning programme is approved, and ending on the last day of the financial year in which first criticality occurs;
(b)in the case of a site operator not required to file accounts, the period beginning on the date on which the funded decommissioning programme is approved, and ending on the date on which first criticality occurs;
“fund” means a trust or other arrangement created by or on behalf of the site operator to hold and accumulate assets, other than any specified security, for the purposes of ensuring prudent provision is made for the financing of the costs likely to be incurred in connection with the designated technical matters;
“funded decommissioning programme” means—
(a)where a funded decommissioning programme has been submitted to the Secretary of State for approval but has not been approved, the programme as submitted;
(b)where a funded decommissioning programme has been approved by the Secretary of State and has not been subsequently modified, the programme as approved;
(c)where a funded decommissioning programme has been modified in accordance with the 2008 Act and these Regulations, the programme as so modified;
“modification verification report” means a report which accompanies a section 48 proposal and contains—
(a)confirmation by a verifier that the site operator has, during the compliance period, complied with such of its obligations under the funded decommissioning programme relating to the financing of the costs likely to be incurred in connection with the designated technical matters as may be specified in the funded decommissioning programme for the purposes of these Regulations, and for those purposes the “compliance period” is the period beginning with whichever is the latest of—
(i)the date on which the funded decommissioning programme was approved;
(ii)the day after the end of the first criticality reporting period;
(iii)the day after the end of the most recent quinquennial reporting period;
(iv)the day after the end of the period covered by the most recent modification verification report,
and ending no later than 5 working days before the date on which the section 48 proposal to which the report relates is made, or such longer period as may be determined in accordance with the approved funded decommissioning programme; and
(b)the verifier’s valuation of any assets held in a fund, and of any specified security, as at a date no later than 5 working days before the date on which the section 48 proposal to which the report relates is made, or such longer period as may be determined in accordance with the approved funded decommissioning programme;
“quinquennial report” has the meaning given in regulation 9;
“quinquennial reporting period” means—
(a)in the case of a site operator required to file accounts—
(i)the period of five financial years following the first criticality reporting period; and
(ii)any subsequent period of five financial years;
(b)in the case of a site operator not required to file accounts—
(i)the five year period commencing the day after first criticality; and
(ii)any subsequent period of five years;
“section 48 proposal” means a proposal made under section 48 by a person other than the Secretary of State;
“specified security” means security specified for the purposes of these Regulations in a funded decommissioning programme;
“verifier” means a person independent of the site operator and any associated person who is appointed by the site operator or an associated person to produce a DTM verification report, a financial verification report or a modification verification report;
“working days” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.
(2) Where these Regulations provide that a report or a notice must be submitted to the Secretary of State, it must be submitted in writing.

---
Source: https://www.legislation.gov.uk/uksi/2013/126/regulation/4 (the official version)
Page: https://openlegislation.uk/nuclear-decommissioning-and-waste-handling-finance-and-fees-regulations-2013/regulation-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.