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Department of Trade and Industry The Government's Expenditure Plans 2001-02 to 2003-04 and Main Estimates 2001-02
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Site Overview

Foreword page

Introduction

1 Delivering Better Public Service: Progress

Objective A: To promote enterprise, innovation and increased productivity

Objective B: To make the most of the UK's science, engineering and technology

Objective C: To develop strong, competitive markets within a regulatory framework which promotes fairness and sustainability

Objective D: Enhanced competitiveness of Britain's companies through overseas sales and investments; and a continuing level of quality foreign direct investment

Section E: Managing investments, assets and liabilities

Section F: Agencies and related organisations

Annexes (Including Main Estimates)

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Bibliography


     

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Statement of Contigent or Nominal Liabilities
TABLE C2
Department of Trade and Industry: Statement of contingent
or nominal liabilities

 

 
Statute Nature of liability
Amount
Amount
outstanding
outstanding
at 31-3-99
at 31-3-00
Department of Trade and Industry Statutory liabilities charged to votes
£ million
£ million
British Aerospace Act 1980, Section 9 BAe: Liabilities immediately prior to Privatisation
Unquantifiable
Telecommunications Act 1984, Section 68(2) .
The Government assumed ultimate responsibility for any outstanding liabilities of British Aerospace existing immediately prior to its Privatisation on 18 February 1981. The Government would only become responsible in the event of a formal winding up of BAe or an order to wind up the company by the court under the Companies Act.
Unquantifiable
Unquantifiable
 
The Government is liable for certain debts of the Corporation which were outstanding at the transfer date and which are now liabilities of BT plc. In the event of British Telecom plc being wound up, other than for the purpose of reconstruction or amalgamation, the Government would become liable to pay the companies debts to creditors in respect of obligations which were formerly those of British Telecommunications Corporation and were transferred to British Telecom plc.
Nuclear Installations Act 1965, Sections 16 to 18, as amended by the Energy Act 1983 Statutory liability for third party claims in excess of the operators liability in the event of a nuclear accident in
the UK.
up to 280.0 (approximately per incident)
up to 280.0 (approximately per incident)
Nuclear Installations Act 1965, Section 18 as amended by the Energy Act 1983 Contributions to an international pool of funds for third party claims following a Nuclear accident in another country party to the Brussels convention 1963 supplementary to the Paris Convention on third party liability in the fields of Nuclear Energy, 1960 where the aggregate claims exceed £165m (approx) up to a limit of £280m (approx)
up to 16.0 (approximately per incident)
up to 16.0 (approximately per incident)
Atomic Energy Act 1989. section 5(1) To provide assistance to another Member State under the IAEA convention assistance in the case of a nuclear accident or radiological emergency.
Unquantifiable
Unquantifiable
Atomic Energy Authority Acts 1954 and 1971 Indemnities given to the UKAEA by the Secretary of State to cover certain indemnities given by UKAEA to carriers and British Nuclear Fuels against certain claims for damage caused by Nuclear matter in the course of carriage.
Unquantifiable
Unquantifiable
Nuclear Industry (Finance) Act 1977, Sections 1 and 2 as amended by Section 1 of the 1981 Act and by Section 1 of the Atomic Energy Act 1989. Guarantees by the Secretary of State to cover loans from the European Investment Bank to British Nuclear Fuels plc.
Nil
Nil
Coal Industry Acts Assurance to British Coal Corporation that, subject to Parliament approving any necessary provisions, adequate funds will continue to be made available to enable the Corporation to meet their financial obligations as they fall due during the current financial year.
5,500
5,500
Coal Industry Act 1994, Schedule 5, Paragraph 2 (9) Deeds of guarantee dated 31 October 1994 in respect of British Coal Corporation Pension Schemes (Mineworkers Pension Scheme and British Coal Staff Superannuation Scheme) in which the Secretary of State agrees to meet a deficiency in the Schemes ability to fund pension benefits laid down in the Schemes.
Unquantifiable
Unquantifiable
a This information is also published in December each year in the Consolidated Fund and National Loans Fund Accounts: Supplementary Statements (The Stationery Office).
Department of Trade and Industry Statutory liabilities charged to votes
£ million
£ million
   
Industrial Development Act 1982, Section 8 A liability under the Departments Small Firms Loan Guarantee Scheme on outstanding guarantees for loans granted over, approximately, the past 7 years.
86.141
86.576
   
Companies Act 1985, Section 256 (as amended by the Companies Act 1989) A guarantee has been given to the Financial Reporting Council that if the amount held in the Legal costs fund falls below £1m in any year, an additional grant will be made to cover legal costs subsequently incurred that year.
Unquantifiable
Unquantifiable
   
Industrial Development Act 1982, Section 8 Home Shipbuilding Credit Guarantee Scheme Guarantees to banks in respect of loans made to UK Shipowners for the construction, completion or alteration of ships and offshore installations.
270.0
270.0
   
Coal Industry Act 1994 Undertakings/indemnities given to Mining Scotland Ltd in connection with its acquisition of the Scottish mining activities of the British Coal Corporation.
Unquantifiable
Unquantifiable
 
Coal Industry Act 1994 Undertakings/Indemnities given to Celtic Energy Ltd in connection with its acquisition of the South Wales mining activities of the British Coal Corporation.
Unquantifiable
Unquantifiable
 
Coal Industry Act 1994 Indemnities given to Coal Investment plc in connection with its acquisition of Annesley/Boutinck Ltd.
Unquantifiable
Unquantifiable
 
Coal Industry Act 1994 Undertakings/Indemnities given to RJB (Mining) PLC in connection with its acquisition of the English mining activities of British Coal Corporation.
Unquantifiable
Unquantifiable
 
Outer Space Act 1986 The Outer Space Act (1986) gives the Secretary of State the power to licence UK companies and nationals who intend to procure and/or operate in space objects. Before issuing a licence BNSC requires evidence of third party liability insurance of at least £100 million. Any liability on HMG will therefore only arise if a claim is in excess of £100 million. In addition, the Governor of Cayman Islands has also issued an Exemption to Sea Launch for their test launch in March 1999, under the Act as extended to Cayman Islands in 1998. This is the first time the Act has been used for launchers rather than satellites. The seven licenses issued to Matra Marconi Space were for UK MoD Satellites. Any liability for them is therefore the responsibility of the MoD and not DTI.
Unquantifiable
Unquantifiable
 
  Non-statutory liabilities charged to vote
 
  International Natural Rubber Agreement 1995. The UK and other member countries may be called upon to contribute to the buffer stock account.
0.4
0.4
 
  BAe: Airbus Development Costs Guarantee in respect of BAe by HMG to other Airbus Governments that finance will be available for BAe`s share of agreed development costs for the A330/A340 programme.
33.0
33.0
 
  BAe: Financial Obligations to Airbus. Under the terms of the principles of Co-operation of 1978 with the French and German Governments (which do not have treaty status) the UK Government will stand behind the discharge by BAe of its financial obligations to Airbus industry.
Unquantifiable
Unquantifiable
 
  Treaty with the French Government relating to the Concorde programme. The Government stands behind those companies involved in the manufacture and supply of services and other support to the aircraft. To the extent of any successful claims in respect of the manufacturers product liability for losses involving British owned and operated aircraft, the Government would ensure payments of claims which exceeded insurance cover against liability.
 
  Non-statutory liabilities charged to vote
 
  Assurance that, subject to Parliamentary approval of any expenditure entailed, the Government would meet any net liabilities of British Shipbuilders as recorded in their Accounts. Beyond this general commitment, and subject to the same caveats, more specific assurances have been given to meet contingent liabilities associated with certain of BS`s financial guarantees.
13.0
13.0
 
  Costs of meeting waste management and decommissioning liabilities at UKAEA sites and certain similar liabilities of the UKAEA at BNFL sites.
7,100 (approximately)
2,840
(approximately)
 
  Letter of comfort to AEA Technology who, under the terms of a collaboration agreement on a European project for underground gasification of coal, accept joint and several liability.
Unquantifiable
Unquantifiable
 
  Financial undertaking from the Government to BNFL in connection with the transfer of the Governments shareholding in Magnox Electric Plc to BNFL on
30 January 1998.
2.911
3,179
 
  Deed of indemnity in respect of potential liabilities vested in National Grid Company under a CEGB/EdF protocol which governs responsibilities in respect of the interconnector linking England and France.
Up to 200
Up to 200
 
  Paid in capital subscription for the Common Fund for Commodities:
 
  Government is committed to the payment of a subscription of £4.48m to the First Account of the Fund, half of which is in the form of Promissory Notes callable following the coming into operation of the first Account.
2.24
2.24
 
  Callable capital subscription for the Common Fund for Commodities:
 
  Government is committed to the payment of a subscription of £1.96m to the First Account of the Fund, in the event that the Fund is unable to meet its liabilities in respect of First Account operations.
1.96
1.96
 
  European Patent Office:
 
  The UK as one of the contracting states has a potential liability under Article 40 of the European Patent Convention of 1973.
Unquantifiable
Unquantifiable
 
  World Intellectual Property Organisation.
 
  The UK as a contracting state to the Patent Co-operation Treaty of 1970, has a potential liability under Article 57 of the Treaty.
Unquantifiable
Unquantifiable
 
  Indemnity given to the police. The Police Information Technology Organisation (Home Office) provides Legal Services Directorate D (DTI) with access to data from the Police National Computer (PNC). The DTI has indemnified the police against any liabilities which they might incur as a result of providing that access.
Unquantifiable
Unquantifiable
 
  “Back end” costs of decommissioning nuclear facilities for the Central Laboratory of the Research Councils and the Medical Research Council
11.5
5.63(b)
 
   
b Breakdown of 1999 figures in respect of nuclear facilities (£ million):

CLRC 5.5
ISIS 5.4
Synchrotron Radiation Source 0.1
MRC 3.5
TOTAL 9.0

The Biotechnology and Biological Sciences Research Council (BBSRC), formerly the Agricultural and Food Research Council (AFRC) has a contingent liability to meet the redundancy costs of BBSRC employees attached to Horticultural Research International who are made redundant.
18.0
18.0
“Back end” costs of decommissioning international scientific facilities.
80.6
Expiredc
Cost of demolition of buildings and remediation of contaminated land at NPL, Teddington site.
14
Unquantifiable
At 20 May 1999, BNSC has issued the following licences: two to B Sky B, twelve to Surrey University, one to British Aerospace Ltd, seven to Matra Marconi Space Ltd, two to Telenor UK Ltd, one to INMARSAT, and four to the Science and Engineering Research Council.
Additionally, the Governor of Hong Kong has issued two licences to AsiaSat Ltd and two to AIT Satellite Company Ltd under the 1986 Act as extended to Hong Kong in 1990. The Governor of Gibraltar has also issued a licence to GE (Gib) Communications Ltd under the Act as extended to Gibraltar in 1996
Unquantifiable
Unquantifiable
Radiation Compensation Scheme and Health Mortality Programme Agreement.
0.32
0.26
Changes to the Radioactive Waste Management Policy.
Unquantifiable
Unquantifiable
Further Incidents/Accidents or insurance claim for exposure to ionising radiation pursued outside the existing scheme.
Unquantifiable
Unquantifiable
LSI Wind Turbine Project decommissioning costs.
0.3
0.3
Changes to International Regulations.
Unquantifiable
Unquantifiable
There is a very remote possibility that 3 satellites in orbit belonging to PPARC/SERC may collide with other satellites or aircraft before being removed from orbit. There is also the potential that these satellites cause to the surface of the earth. If PPARC were shown to be at fault for this damage, a liability would arise against HMG. The possibility of this arising is extremely remote.
Unquantifiable
Unquantifiable
United Kingdom’s share of debts of CERN liabilities
37
31
Liabilities arising from the collapse of the Matrix Churchill company. The Government could be obliged to pay compensation or individuals that were damaged by the Department’s action in respect of Matrix Churchill.
Unquantifiable
Unquantifiable
Indemnity given by the Secretary of State to intermediary lending institutions under an exchange risk guarantee scheme in respect of actions etc, which may be brought against them arising from failure of the Secretary of State to comply with obligations imposed upon him by Exchange Risk Guarantee Agreements.
Unquantifiable
Unquantifiable
       
 
       
       
       
c Breakdown of 1999 figures in respect of international facilities (£ million):
EPSRC 43.6
Institut Laue Langevin (Decommissing) 35.0
Institut Laue Langevin (Reprocessing) 3.6
European Synchrotron Radiation Facilty
(Decommissing)
3.6
PPARC 37.0
CERN 37.0
TOTAL
80.6
 

 

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