Commentary on Sections Chapter 1: Nuclear Decommissioning Section 35: Power to modify Chapter 1 of Part 1
146.Section 35 gives the Secretary of State a power, by order subject to affirmative resolution of both Houses, to modify the provisions of sections 2, 11, 12 and 13 and their related Schedules on the constitution of the NDA and the process for approving the NDA’s strategy and annual plans. It provides the flexibility to make any amendments to those provisions which might be necessary or desirable without having to secure the Parliamentary time needed for primary legislation. The Secretary of State must consult Scottish Ministers before making an order and cannot modify the functions of Scottish Ministers without their consent.