Applying for Directions of Secretary of State

Darryl J Lee (Mr.) made this Rhyddid Gwybodaeth request to Department of Energy and Climate Change

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Dear Department of Energy and Climate Change,

If a process or procedure exists whereby "Directions" of The Secretary of State (in exercise of Statutory powers) can be requested to be made; And if details of that process is available in recorded form (perhaps a "guidance"), please disclose details of that process.

Yours faithfully,

Darryl J Lee (Mr.)

correspondence@bis.ecase.gsi.gov.uk on behalf of FOI Requests,

DECC Ref: FOI2016/03641

Dear Mr Lee

Thank you for your request for information which was received on 11th
February. Your request has been passed on to the appropriate official at
the Department of Energy and Climate Change (DECC) to deal with.

Your request is being considered under the terms of the Freedom of
Information Act 2000 and/or the Environmental Information Regulations 2004
and we will reply at the latest by 10th March

If you have any queries about this email, please contact the Information
Rights Unit at the Department for Business, Innovation and Skills (BIS)
who provide a shared service to DECC.

Please remember to quote the reference number above in any future
communications.

Kind regards,

Information Rights Unit

Information Rights Unit | Department for Business, Innovation & Skills | 1
Victoria Street, London, SW1H 0ET | www.gov.uk/bis |
[email address] | BIS have a shared service level agreement
with DECC to process and advise on their FOI requests

The Department for Business, Innovation and Skills (BIS) is making a
difference by supporting sustained growth and higher skills across the
economy. BIS: working together for growth

dangos adrannau a ddyfynnir

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

FOI Requests,

1 Atodiad

Dear Mr Lee,

 

Please find attached a response to your recent request, ref FOI2016/03641.

 

If you have any queries about this email, please contact the Information
Rights Unit at BIS.

 

Please remember to quote the reference number above in any future
communications.

Yours sincerely,

 

Information Rights Unit

 

Information Rights Unit I Digital Directorate I Finance, Commercial and
Digital Transformation Group I Department for Business, Innovation &
Skills I Orchard 1, 6th Floor, 1 Victoria Street, London, SW1H 0ET I
[1]www.bis.gov.uk

BIS have a shared service level agreement with DECC to process and advise
on their FOI requests

 

dangos adrannau a ddyfynnir

Dear FOI Requests,

Thank you for acknowledging my request for information. You have requested further "clarification" as follows:

"1. whether you are seeking information in relation to directions in respect of a
particular policy area, related to a particular issue or subject area or under a
particular piece of legislation (and if so what they are); and
2. whether you are seeking information in relation to directions to particular
individuals or bodies (and if so, who they might be)."

In reply I clarify my request in this way:

[In relation to the principle functions of the nuclear decommission authority ("NDA") - an organisation borne out of The Energy Act 2004]

Section 3.(1) of the Energy Act 2004 describes the responsibilities of the NDA as being "Designated Responsibilities" including ad 3.(1)(d) as a responsibility to secure the operation of a "Designated Facility" (for the disposal of hazardous material)

Section 3(3) the 2004 Act provides inter alia that a "Designation" must be in the form of a Direction of The Secretary of State (Of DECC) - Designating a "site" as a Designated Facility and Directing the NDA to have Responsibility for a Facility then Designated.

As a result of other legislation and Regulations, (including The Civil Nuclear Security Regulations) the prescribed definition of a "Civil Nuclear Construction Site" can not apply to a site or facility-in-the-making unless and until a Development Consent Order is made and only where work is underway pursuant to that DCO meaning that not only can the site of a planned facility for the disposal of Radioactive Waste never be Regulated by The Office of Nuclear Regulation (unless a DCO is made and after works begin) and notwithstanding a developer's right to design and build such a facility pursuant to The Planning Act 2008 (As amended in 2015), it is Government Policy for such a facility to fall within the ambit of The NDA.

It follows that where a developer plans to submit an application for a Development Consent Order so as to be during the public consultation stage of that planning process I'd like it possible to have the location of what would otherwise be a "Civil Nuclear Construction Site" to "Designated" the Responsibility of The NDA in line with Government Policy and The NDA's Strategy [THIS IS THE DIRECTION OF THE SECRETARY OF STATE ABOUT WHICH I ASK] and; I'd like the Definition of a "Civil Nuclear Construction Site" varied (This is possible by Order of The Secretary of State) to include the design and build of a Nuclear Waste Facility (at present the Regulations apply only to Nuclear Power Sites) so to enable Regulation by The ONR and "Protection" to be provided by The Civil Nuclear Constabulary. THIS IS THE ORDER OF THE SECRETARY OF STATE THAT I AM ASKING ABOUT.

Yours sincerely,

Darryl J Lee (Mr.)

correspondence@bis.ecase.gsi.gov.uk on behalf of FOI Requests,

DECC Ref: FOI2016/04101

Dear Mr Lee

Thank you for your request for information which was received on 17th
February. Your request has been passed on to the appropriate official at
the Department of Energy and Climate Change (DECC) to deal with.

Your request is being considered under the terms of the Freedom of
Information Act 2000 and/or the Environmental Information Regulations 2004
and we will reply at the latest by 16th March

If you have any queries about this email, please contact the Information
Rights Unit at the Department for Business, Innovation and Skills (BIS)
who provide a shared service to DECC.

Please remember to quote the reference number above in any future
communications.

Kind regards,

Information Rights Unit

Information Rights Unit | Department for Business, Innovation & Skills | 1
Victoria Street, London, SW1H 0ET | www.gov.uk/bis |
[email address] | BIS have a shared service level agreement
with DECC to process and advise on their FOI requests

The Department for Business, Innovation and Skills (BIS) is making a
difference by supporting sustained growth and higher skills across the
economy. BIS: working together for growth

dangos adrannau a ddyfynnir

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

FOI Requests,

1 Atodiad

Dear Mr Lee,

 

Please find attached a response to your recent request, ref FOI2016/04101.

 

If you have any queries about this email, please contact the Information
Rights Unit at BIS.

 

Please remember to quote the reference number above in any future
communications.

Yours sincerely,

 

Information Rights Unit

 

Information Rights Unit I Digital Directorate I Finance, Commercial and
Digital Transformation Group I Department for Business, Innovation &
Skills I 1 Victoria Street, London, SW1H 0ET I [1]www.bis.gov.uk

BIS have a shared service level agreement with DECC to process and advise
on their FOI requests

 

 

dangos adrannau a ddyfynnir