The Nuclear Decommissioning and Waste Handling (Finance and Fees) (Amendment) Regulations 2013
These Regulations amend regulation 11 of the Nuclear Decommissioning and Waste Handling (Finance and Fees) Regulations 2013 (“the Principal Regulations”) to correct a drafting error identified in the 23rd Report of the Joint Committee for Statutory Instruments (“JCSI”) for the Parliamentary Session 2012-13. Regulation 11 of the Principal Regulations provides for two sets of modifications to an operator’s Funded Decommissioning Programme for which the Secretary of State’s consent is not required. These are described as “exempt proposals”: the first set is at 11(2) of the Principal Regulations, and the second set at 11(3) of the Principal Regulations. The exempt proposals as described in new regulation 11(3) inserted by regulation 3 of this instrument are subdivided into proposals relating either to a change in costs estimates, or to proposals relating to the steps to be taken in relation to the technical matters. Each type of proposal only falls within regulation 11(3) if it satisfies the conditions at regulation 11(4), and the information requirements at regulation 14 of the Principal Regulations are met. The JCSI identified the proposition as expressed in the Principal Regulations was not sufficiently clear. In addition to correcting the error identified by the JCSI, these Regulations substitute a new formula in the Principal Regulations in order to correct an error in the existing formula for the calculation of inflation.