Part 3: Special Administration Regime Section 32: Objective of a relevant licensee nuclear company administration
This section provides the objective for a RLNC administration order and the means by which the nuclear administrator has to achieve this objective.
	Subsection (1) provides the objective of the nuclear administrator. This is to commence or continue electricity generation at the nuclear installation until it becomes unnecessary, by virtue of the relevant licensee nuclear company being rescued as a going concern or a transfer of that company’s assets to one or more companies in a manner which achieves the objective, for the order to remain in force.
	To achieve the objective in subsection (1), the nuclear administrator will be required to ensure that the relevant nuclear licensee company continues to fulfil all of its responsibilities, including compliance with legislation, regulations and any conditions of a nuclear site licence held, including protections related to safety, security and the environment. The nuclear industry is subject to a robust regulatory regime which is overseen by the Office for Nuclear Regulation and Environment Agency (or Natural Resources Wales if in Wales, or Scottish Environment Protection Agency if in Scotland) which is unaffected by Part 3 of the Act. Failure to comply with any regulatory or legal provision, including safety, security and environmental provisions may result in enforcement action, this could lead to the plant being shut down and the objective of the RLNC administration order not being met. In those circumstances, the Secretary of State, or the Authority or the nuclear administrator, with the Secretary of State's permission, may wish to apply to end the RLNC administration order. If the rescue of the company, or the transfer of its business cannot be achieved during a RLNC administration order, the Secretary of State may consider preparing a Nuclear Transfer Scheme after the end of the order.
	Subsection (2) outlines the means by which the administrator can achieve the objective of a RLNC administration order. This can be done through rescuing the company as a going concern or transferring its assets, rights and obligations to one or more companies.
	Subsection (3) provides that a transfer falls within subsection (2) if the transfer of the relevant licensee nuclear company’s business as a going concern is made to one company, or different parts of the relevant licensee nuclear company’s business is transferred to two or more companies as it is appropriate to achieve the objective in subsection (1). Subsection (4) provides one example of how such transfers may take place.
	Subsection (5) provides situations where a transfer scheme, rather than the recusing of the company as a going concern, may be used to achieve the objectives of the administrator. This includes where the rescue as a going concern is not practicable, or will not achieve the objectives, and where the transfer scheme would produce a better result for either the company’s creditors or members. The effect of subsection (5) is that the rescue of the relevant licensee nuclear company is preferred to transfers to one or more companies.
	Subsection (6) provides that "nuclear installation" has the same meaning as in the Nuclear Installations Act 1965.