78 Application of the 1965 Act to Northern Ireland

(1) Sections 3(1A) and (6A), 4(3A) and 5(1A) of the 1965 Act (which require certain consultations in relation to nuclear site licences) shall extend to Northern Ireland.

(2) Section 27 of that Act (application of that Act to Northern Ireland) is amended as follows.

(3) For subsection (1) substitute—

“(1) In the application of this Act to Northern Ireland—

(a) a reference to the Minister shall be construed as a reference to the Secretary of State;

(b) sections 3(1A) and (6A), 4(3A) and 5(1A) shall have effect as if—

(i) for “appropriate Agency”, wherever occurring, there were substituted “Department of the Environment in Northern Ireland”;

(ii) for “Great Britain”, wherever occurring, there were substituted “Northern Ireland”;

(iii) for “Health and Safety Executive”, wherever occurring, there were substituted “Minister”;

(c) section 3(3) shall have effect as if for paragraphs (b) and (c) there were substituted—

“(ca) the Fisheries Conservancy Board for Northern Ireland; and.””

(4) Subsections (2) and (3) shall cease to have effect.

(5) In subsection (5), for paragraphs (a) to (c) substitute—

“(a) by the Minister; or

(b) by or with the consent of the Director of Public Prosecutions for Northern Ireland.”

(6) Subsection (6) shall cease to have effect.

79 Expenditure on nuclear related matters

(1) There may be paid, out of money provided by Parliament, any expenditure incurred by the Secretary of State, with the consent of the Treasury, under or as a result of—

(a) any option under which he or his nominee may acquire an undertaking or property from a British Energy company; or

(b) any agreement entered into for the purpose of giving effect to the provisions of such an option, or of continuing or modifying their effect.

(2) In this section “British Energy company” has the same meaning as in section 1 of the Electricity (Miscellaneous Provisions) Act 2003 (c. 9).

80 Additional functions of UKAEA

(1) The functions of the UKAEA shall include—

(a) power to carry on such activities as they consider appropriate in connection with anything that the NDA has a responsibility for securing under this Part;

(b) power to enter into such arrangements with the NDA or any other person as they consider appropriate for that purpose; and

(c) power for that purpose to develop and commercially to exploit an expertise in relation to things in which the NDA requires an expertise for the purpose of carrying out its functions.

(2) In the case of responsibilities of the NDA in relation to an installation, site or facility it is immaterial for the purposes of subsection (1) that the UKAEA is not, for the purposes of Chapter 1 of this Part, the person with control of it.

(3) The functions of the UKAEA shall also include —

(a) power to manage and commercially to exploit any land or other property of theirs that is no longer required by them for or in connection with the carrying out of their other functions; and

(b) power to carry on a business of providing services for the administration of—

(i) nuclear pension schemes; and

(ii) such public service pension schemes as may be approved by the Secretary of State for the purposes of this subsection.

(4) The UKAEA has power, for the purpose of carrying out its functions (whether conferred by this section or otherwise) to do all such things as appear to them to be likely to facilitate the exercise or performance of their powers and duties, or to be incidental to doing so.

(5) The ways in which the UKAEA may carry out those functions include (by virtue of subsection (4)) carrying them out through subsidiaries and carrying them out in association with, or through arrangements with, other persons.

(6) Subsection (5) of section 7 (things in which the NDA requires an expertise) has effect for the purposes of this section as it has effect for the purposes of subsection (4) of that section.

(7) In this section—

• “nuclear pension scheme” means a scheme that is a nuclear pension scheme for the purposes of Schedule 8; and

• “public service pension scheme” means a public service pension scheme within the meaning of the Pension Schemes Act 1993 (c. 48) (see section 1) or the Pension Schemes (Northern Ireland) Act 1993 (c. 49) (see section 1).