Legalize / United Kingdom / Public General Act

Energy Act 2013

Type Public General Act

Publication 2013-12-18

Last updated 2024-10-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

5

Regulations under section 57(6)(b) may modify the emissions limit duty in relation to fossil fuel plant in cases where—

(a) the generating station is used for the first time, or permanently ceases to be used, for the generation of electricity,

(b) any period during which the emissions limit duty does not apply in relation to the plant by virtue of section 58 begins or ends, or

SCHEDULE 5

Matters that may be contained in enforcement regulations

1

(1) Provision that may be contained in enforcement regulations includes provision—

(a) conferring functions for or in connection with monitoring or enforcing the compliance of operators with the emissions limit duty;

(b) determining the authorities by whom such functions are to be exercisable (“enforcing authorities”);

(c) requiring enforcing authorities to comply with directions given by the appropriate national authority in carrying out any of their functions under the regulations;

(d) requiring enforcing authorities to comply with requirements imposed on them under section 59(10);

(e) requiring or authorising enforcing authorities to carry out consultation in connection with the carrying out of any of their functions under the regulations;

(f) requiring enforcing authorities to publish guidance about the carrying out of any of their functions under the regulations;

(g) about the provision, use and publication of information in relation to the compliance of operators with the emissions limit duty;

(h) authorising the appropriate national authority to make schemes for the charging by enforcing authorities of fees or other charges in respect of or in connection with functions conferred on enforcing authorities under the regulations;

(i) about the enforcement of contraventions of the emissions limit duty through enforcement notices and financial penalties (see paragraphs 2 and 3);

(j) about the procedure to be followed in connection with the service of enforcement notices and imposition of financial penalties (including requirements for enforcement notices to be published in draft before being served for the purpose of enabling representations to be made about them);

(k) for the enforcement of—

(i) enforcement notices,

(ii) undertakings given in connection with such notices,

(iii) financial penalties, or

(iv) other obligations imposed on operators under the regulations,

by proceedings in the High Court or any court of competent jurisdiction in Scotland;

(l) conferring rights of appeal in respect of decisions made, notices served, financial penalties imposed or other things done (or omitted to be done) by enforcing authorities under the regulations (including provision in relation to the making, consideration and determination of such appeals);

(m) about the application of the regulations to the Crown.

(2) Provision under sub-paragraph (1)(a) may in particular include provision—

(a) conferring power on enforcing authorities to take samples or to make copies of information;

(b) conferring power on enforcing authorities to arrange for preventative or remedial action to be taken at the expense of operators;

(c) authorising enforcing authorities to appoint suitable persons to exercise the functions mentioned in paragraph (a) or (b);

(d) conferring powers on persons so appointed (which may include, so far as relevant, the powers mentioned in section 108(4) of the Environment Act 1995).

(3) Provision under sub-paragraph (1)(g) may in particular include provision—

(a) enabling enforcing authorities to use, for the purposes of their functions conferred under the regulations in respect of fossil fuel plant, information held for the purposes of their functions in relation to any such plant conferred under regulations implementing the ETS Directive;

(b) requiring operators, or other persons of a description specified in the regulations, to provide to an enforcing authority such information, and in such manner, as—

(i) the regulations may specify, or

(ii) the authority may reasonably require;

(c) requiring or authorising enforcing authorities to publish such information, and in such manner, as is specified in the regulations (whether such information is held as mentioned in paragraph (a) or is provided as mentioned in paragraph (b));

(d) requiring operators to publish such information, and in such manner, as—

(i) the regulations may specify, or

(ii) an enforcing authority may reasonably require.

(4) Provision under sub-paragraph (1)(h) in relation to a scheme may—

(a) require the scheme to be so framed that the fees and charges payable under the scheme are sufficient, taking one year with another, to cover such expenditure (whether or not incurred by the enforcing authority or other person to whom they are so payable) as is specified;

(b) authorise any such scheme to make different provision for different cases (and specify particular kinds of such cases).

Enforcement notices

2

(1) Enforcement regulations may authorise an enforcing authority to serve an enforcement notice on an operator who has breached the emissions limit duty in respect of any fossil fuel plant—

(a) in relation to the year in which the notice is served, or

(b) in relation to the preceding year.

(2) The regulations may specify the requirements that may be imposed on an operator under an enforcement notice.

(3) Those requirements may in particular include requirements—

(a) to take such remedial action in respect of the breach as is specified in the notice,

(b) to provide such undertakings in respect of the breach as may be agreed between the operator and the enforcing authority (whether for the taking of remedial action or otherwise), or

(c) to comply with a modified emissions limit duty in relation to the fossil fuel plant for any year to take account of excess emissions in earlier years.

Financial penalties

3

(1) Enforcement regulations may authorise an enforcing authority to serve a notice on an operator who has breached the emissions limit duty requiring the operator to pay such a financial penalty in respect of the breach as is specified in, or calculated in accordance with, the notice or the regulations.

(2) Enforcement regulations which provide for the imposition of financial penalties—

(a) may not permit an enforcing authority to impose a financial penalty in respect of a breach of the emissions limit duty in any year which began more than 5 years before the year in which the notice imposing the penalty is served;

(b) may require enforcing authorities, in imposing such penalties, to have regard to any guidance issued by the appropriate national authority;

General

4

(1) Enforcement regulations may—

(a) make provision which corresponds or is similar to any provision made, or capable of being made, under section 2(2) of the European Communities Act 1972 in connection with the ETS Directive (subject to any modifications that the appropriate national authority considers appropriate);

(b) apply or incorporate (with or without modifications) other enactments relating to the prevention or control of environmental pollution (including, in particular, regulations implementing the ETS Directive and directly applicable EU legislation).

5

(1) Provision included in enforcement regulations by virtue of section 62(9)(a) may affect legislation.

(2) For this purpose, provision affects legislation if it amends, repeals or revokes any provision made by or under primary legislation.

(3) Enforcement regulations made by the Scottish Ministers, the Welsh Ministers or the Department of Environment may not include any provision affecting legislation unless it is within legislative competence.

(4) Enforcement regulations made by the Secretary of State—

(a) may include provision affecting legislation that is made in consequence of any enforcement regulations made by the Scottish Ministers, the Welsh Ministers or the Department of Environment, but

(b) may not include any such provision that could be included in the regulations mentioned in paragraph (a) except with the consent of the authority making those regulations.

(5) For this purpose, a provision of enforcement regulations is within legislative competence if—

(a) in the case of regulations by the Scottish Ministers, it would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament;

(b) in the case of regulations by the Welsh Ministers, it would be within the legislative competence of the National Assembly for Wales if it were included in an Act of that Assembly;

(c) in the case of regulations by the Department of Environment, it would be within the legislative competence of the Northern Ireland Assembly if it were included in an Act of that Assembly.

(6) Provision included in enforcement regulations by virtue of section 62(9)(b) may include provision modifying provision made by virtue of paragraph 2(3)(c) in cases where there is no applicable emissions limit in respect of any year.

Interpretation

6

In this Schedule “enforcement regulations” means regulations under section 60.

SCHEDULE 6

PART 1 — Introductory

Provision that may be made by nuclear regulations

1

Nuclear regulations may, in particular, make provision of any of the kinds mentioned in Part 2 of this Schedule for any of the purposes mentioned in section 74(1).

2

No provision in Part 2 of this Schedule is to be regarded as limiting the generality of—

(a) section 74(1), or

(b) any other provision in that Part of this Schedule.

Interpretation

3

In Part 2 of this Schedule, “activity” includes process, operation or act.

PART 2 — Examples of provision that may be made by nuclear regulations

Nuclear installations etc

4

Imposing requirements with respect to the following, in relation to any nuclear installation or its site—

(a) design and construction;

(b) siting, installation and commissioning;

(d) testing, maintenance and repair;

(e) inspection;

(f) alteration or adjustment;

(g) dismantling and decommissioning.

Research

5

Requiring research to be carried out in connection with any activity mentioned in paragraph 4.

Import etc

6

(1) Regulating or prohibiting the import of things of specified descriptions into the United Kingdom.

(2) For this purpose “import” includes landing and unloading.

(3) Where an act or omission could constitute an offence—

(a) under a provision of nuclear regulations made by virtue of sub-paragraph (1), and

(b) under a provision of the Customs and Excise Acts 1979,

specifying the provision under which the offence is to be punished.

Transport

7

Imposing requirements about how any radioactive material may be transported, including requirements about construction, testing and marking of packages or containers.

Licences and approvals

8

(1) Prohibiting any specified activity except—

(a) as permitted by virtue of a licence, or

(b) with the consent or approval of a specified authority.

(2) Providing for the grant, renewal, variation, transfer and revocation of licences (including the variation and revocation of conditions attached to licences).

Appointment of persons to carry out specified functions

9

(1) Requiring, in specified circumstances, the appointment (whether in a specified capacity or not) of persons to perform specified functions.

(2) Imposing duties or conferring powers on persons appointed (whether in pursuance of the regulations or not) to perform specified functions.

(3) Imposing requirements with respect to the qualifications or experience, or both, of persons—

(a) appointed pursuant to a requirement imposed by virtue of sub-paragraph (1), or

(b) performing specified functions.

Restrictions on employment

10

Regulating or prohibiting the employment in specified circumstances of—

(a) all persons, or

(b) persons of a specified description.

Instruction, training and supervision etc

11

Imposing requirements with respect to the instruction, training and supervision of persons at work.

Registration, notification and records

12

Requiring any person, premises or thing to be registered—

(a) in any specified circumstances, or

(b) as a condition of doing any specified activity.

13

(1) Requiring, in specified circumstances, specified matters to be notified in a specified manner to specified persons.

(2) Specifying any power, to be exercisable by any inspector who may be authorised to exercise it by the instrument of appointment, in specified circumstances to require persons to provide information about measures they propose to take in order to comply with any of the relevant statutory provisions.

14

Imposing requirements with respect to making and keeping of records and other documents, including plans and maps.

Accidents and other occurrences

15

Securing that persons in premises of any specified description where persons work leave the premises in specified circumstances.

16

Restricting, prohibiting or requiring any specified activity where any accident or other occurrence of a specified kind has occurred.

SCHEDULE 7

Status

1

(1) The ONR is not to be regarded as a servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.

(2) The ONR's property is not to be regarded as the property of, or property held on behalf of, the Crown.

Membership

2

(1) The ONR is to consist of—

(a) not more than 4 executive members, who are employees of the ONR, and

(b) not more than 7 non-executive members, who are not members of the ONR's staff.

(2) References in this Part of this Act to members of the ONR's staff are to persons who—

(a) are employees of the ONR, or

(b) have been seconded to it.

3

The executive members consist of—

(a) the Chief Nuclear Inspector,

(b) the Chief Executive Officer, and

(c) not more than 2 other members (or not more than 3 other members, if the Chief Nuclear Inspector and the Chief Executive Officer are the same person) appointed by the ONR.

4

(1) The non-executive members consist of—

(a) a chair appointed by the Secretary of State,

(b) the member (if any) appointed under sub-paragraph (4), and

(2) The Secretary of State must, so far as practicable, ensure that at any given time there are no fewer than 5 non-executive members of the ONR.

(3) One non-executive member must have experience of, or expertise in, matters relevant to the ONR's nuclear security purposes.

(4) The Health and Safety Executive may—

(a) appoint a non-executive member from among the members of the Health and Safety Executive (an “HSE member”), or

(b) authorise the Secretary of State to appoint a non-executive member.

(5) The Health and Safety Executive must notify the ONR and the Secretary of State whenever it appoints an HSE member.

5

Service as a member of the ONR is not service in the civil service of the State, but this is subject to paragraph 6.

6

Members of the ONR are to be regarded as Crown servants for the purposes of the Official Secrets Act 1989.

Terms of appointment

7

Subject to the following provisions of this Schedule, members of the ONR hold and vacate office in accordance with the terms of their respective appointments.

8

(1) The terms of a person's appointment as an executive member are to be determined by the ONR.

(2) The terms of a person's appointment as a non-executive member, other than an HSE member, are to be determined by the Secretary of State.

(3) The terms of a person's appointment as an HSE member are to be determined by the Health and Safety Executive.

9

(1) An executive member—

(a) ceases to be a member of the ONR upon ceasing to be an employee of the ONR, and

(b) may at any time resign from office by notice to the ONR.

(2) A person who is—

(a) the Chief Nuclear Inspector, or

(b) the Chief Executive Officer,

ceases to be a member of the ONR on ceasing to hold that appointment (unless the person was appointed as both Chief Nuclear Inspector and Chief Executive Officer and continues to hold one of those appointments).

(3) A non-executive member other than an HSE member—

(a) ceases to be a member of the ONR upon becoming a member of the ONR's staff, and

(b) may at any time resign from office by notice to the Secretary of State.

(4) An HSE member—

(a) ceases to be a member of the ONR upon ceasing to be a member of the Health and Safety Executive, and

(b) may at any time resign from office by notice to the Health and Safety Executive.

10

(1) The Secretary of State may by notice remove any non-executive member, other than an HSE member, from office.

(2) A notice may not be given under sub-paragraph (1) unless at least one of the conditions in sub-paragraph (3) or (4) is met.

(3) The conditions in this sub-paragraph are that the member—

(a) has been absent from meetings of the ONR for a period longer than 6 months without the permission of the ONR;

(b) is an undischarged bankrupt or has had his or her estate sequestrated without being discharged;

(d) is subject to a bankruptcy restrictions order or an interim bankruptcy restrictions order;

(e) is subject to a debt relief restrictions order or an interim debt relief restrictions order;

(f) has made an arrangement with his or her creditors, or has entered into a trust deed for creditors, or has made a composition contract with his or her creditors;

(g) is subject to a disqualification order or a disqualification undertaking under the Company Directors Disqualification Act 1986 or equivalent legislation in Northern Ireland;

(h) has been convicted of a criminal offence (but this does not apply in relation to any conviction which is a spent conviction for the purposes of the Rehabilitation of Offenders Act 1974 or the Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))).

(4) The conditions in this sub-paragraph are that the Secretary of State is satisfied that the member—

(a) has a financial or other interest that is likely to affect prejudicially the carrying out of his or her functions as a member of the ONR;

(b) has been guilty of misbehaviour;

(5) The Health and Safety Executive may by notice remove an HSE member from office.

(6) The Health and Safety Executive must notify the ONR and the Secretary of State whenever an HSE member—

(a) ceases to be a member of the Health and Safety Executive,

(b) resigns from office, or

(7) In sub-paragraph (3) “debt relief order”, “debt relief restrictions order” and “interim debt relief restrictions order” mean the orders of those names made under—

(a) Part 7A of the Insolvency Act 1986, or

(b) Part 7A of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)).

Remuneration, allowances and pensions etc of non-executive members

11

(1) The ONR may pay to non-executive members other than an HSE member such remuneration as the Secretary of State may determine.

(2) The ONR may pay to or in respect of the non-executive members such sums as the Secretary of State may determine by way of allowances and expenses.

(3) The ONR may pay, or make provision for paying, to or in respect of the non-executive members other than an HSE member, such sums as the Secretary of State may determine in respect of pensions or gratuities.

(4) Where—

(a) a person ceases, otherwise than on the expiry of his or her term of office, to be a non-executive member other than an HSE member, and

(b) it appears to the ONR that there are special circumstances that make it right for that person to receive compensation,

the ONR may pay the person such amount by way of compensation as the Secretary of State may determine.

(5) Where—

(a) a non-executive member appointed under paragraph 2(3A) of Schedule 2 to the 1974 Act to be a member of the Health and Safety Executive (the “ONR member of the HSE”)—

(i) ceases to be the ONR member of the HSE otherwise than on the expiry of his or her term of office as ONR member of the HSE, but

(ii) does not cease to be a non-executive member of the ONR, and

(b) it appears to the ONR that there are special circumstances that make it right for that person to receive compensation,

the ONR may make pay the person such amount by way of compensation as the Secretary of State may determine.

Employees and other members of staff

12

(1) The ONR may appoint persons to serve as its employees.

(2) A person appointed to serve as an employee of the ONR is to be employed on such terms and conditions, including terms and conditions as to remuneration, as the ONR may determine.

(3) One employee of the ONR is to be appointed as the Chief Nuclear Inspector.

(4) One employee of the ONR is to be appointed as the Chief Executive Officer.

(5) The appointment of the Chief Nuclear Inspector or the Chief Executive Officer also requires the approval of the Secretary of State.

(6) A person may be both the Chief Nuclear Inspector and the Chief Executive Officer.

(7) The ONR may make arrangements for persons to be seconded to the ONR to serve as members of the ONR's staff.

(8) A period of secondment to the ONR does not affect the continuity of a person's employment with the employer from whose service he or she is seconded.

13

(1) The ONR may pay to or in respect of an employee sums by way of or in respect of allowances, expenses, pensions, gratuities or compensation for loss of employment.

(2) The ONR may pay to or in respect of a person seconded to it sums by way of or in respect of allowances, expenses, pensions or gratuities.

(3) An executive member may not take part in the determination of the amount of any remuneration, allowance, expense, pension, gratuity or compensation payable to or in respect of him or her.

14

(1) Service as an employee of the ONR is not service in the civil service of the State.

(2) A person employed in the civil service of the State continues to be employed in the civil service of the State during any period of secondment to the ONR.

(3) Members of the ONR's staff are to be regarded as Crown servants for the purposes of the Official Secrets Act 1989.

(4) Employment by the ONR is not Crown employment for the purposes of the Trade Union and Labour Relations (Consolidation) Act 1992 (see section 273 of that Act).

15

(1) The persons to whom section 1 of the Superannuation Act 1972 (persons to or in respect of whom benefits may be provided by schemes under that section) applies are to include the employees of the ONR.

(2) Accordingly, in Schedule 1 to that Act (employment to which superannuation schemes may extend), in the list of other bodies, at the appropriate place insert— “ Office for Nuclear Regulation. ”

(3) The ONR must pay to the Minister for the Civil Service, at such times as that Minister may direct, such sums as that Minister may determine in respect of the increase attributable to sub-paragraph (1) in the sums payable out of money provided by Parliament under that Act.

Committees

16

(1) The ONR may establish committees, and any committee may establish sub-committees.

(2) The members of a committee may include persons who are not members of the ONR or the ONR's staff (and the members of a sub-committee of a committee may include persons who are not members of the committee or members of the ONR or the ONR's staff).

(3) The ONR may make arrangements for the payment of such remuneration, allowances and expenses as it considers appropriate to any person who—

(a) is a member of a committee or sub-committee, but

(b) is not a member of the ONR or of the ONR's staff.

(4) Payments made by the ONR under sub-paragraph (3) are to be of such amounts as may be determined by the Secretary of State.

Procedure

17

(1) The ONR may make such provision as it considers appropriate to regulate—

(a) its own proceedings (including quorum), and

(b) the proceedings (including quorum) of its committees and sub-committees.

(2) The ONR may, to any extent, permit any of its committees and sub-committees to regulate their own proceedings (including quorum).

(3) The validity of any proceedings of the ONR is not affected by any vacancy among the members or by any defect in the appointment of a member.

(4) The ONR must from time to time publish a summary of its rules and procedures.

Performance of functions

18

(1) The ONR may authorise—

(a) a member of the ONR,

(b) a member of the ONR's staff,

(d) a committee of the ONR,

to do anything required or authorised to be done by the ONR (and such authorisation may include authorisation to exercise the power conferred on the ONR by this paragraph).

(2) The ONR must give an authorisation or authorisations under this paragraph in respect of all its functions which consist of the exercise of a regulatory function in a particular case.

(3) Only the following may be authorised under this paragraph to do anything in the exercise of a regulatory function in a particular case—

(a) a member of the ONR's staff;

(b) a health and safety inspector;

(4) An authorisation under this paragraph—

(a) may be general or specific;

(b) does not affect the ability of the ONR to exercise the function in question.

(5) Any authorisations given by the ONR under this paragraph must be in writing.

(6) The ONR must publish any authorisations which it gives under this paragraph.

Payment of allowances and expenses

19

The ONR may pay allowances or expenses to any person in connection with the performance of any of its functions.

Indemnities

20

(1) The ONR may, in the circumstances specified in sub-paragraph (2), indemnify persons who are ONR officers against all or any part of any liability which they incur in the execution, or purported execution, of their functions as such ONR officers.

(2) Those circumstances are that the ONR is satisfied that the person in question honestly believed that the act giving rise to the liability—

(a) was within the person's relevant powers, and

(b) was one that the person was required or entitled to do by virtue of the person's position as an ONR officer.

(3) Sub-paragraph (1)—

(a) applies only so far as the ONR is not otherwise required to indemnify ONR officers, and

(b) is not to be taken to affect any other powers that the ONR has to indemnify its members or members of staff or persons appointed by it.

(4) In this paragraph—

“liability” includes damages, costs and expenses (and a reference to liability incurred by a person includes a reference to any such sums which the person is ordered to pay);

“ONR officer” means—an inspector appointed under Schedule 8;an enforcing officer appointed by the ONR under section 61(3) of the Fire (Scotland) Act 2005 (asp. 5) (enforcing authorities);an inspector appointed by the ONR under Article 26(1) of the Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541) (enforcement of Order);a member of staff of the ONR who is authorised by the Secretary of State under section 4(2)(b) of the Employers' Liability (Compulsory Insurance) Act 1969 (certificates of insurance);

“relevant powers”—in relation to a person within paragraph (a), (b) or (c) of the definition of “ONR officer”, means the powers which the person has in the capacity of an inspector or enforcing officer of the kind in question;in relation to a person within paragraph (d) of that definition, means the person's powers under the Employers' Liability (Compulsory Insurance) Act 1969.

Accounts

21

(1) It is the duty of the ONR—

(a) to keep proper accounts and proper records in relation to the accounts;

(b) to prepare in respect of each financial year a statement of accounts in such form as the Secretary of State, with the approval of the Treasury, may direct;

(c) to send copies of the statement to the Secretary of State and the Comptroller and Auditor General before the end of November next following the financial year to which the statement relates.

(2) The Comptroller and the Auditor General must examine, certify and report on the statement and must lay copies of the statement and of the report on it before Parliament.

Strategy

22

(1) The ONR must prepare a strategy for carrying out its functions, including any general priorities it will apply, or principal objectives to which it will have regard, in carrying out its functions.

(2) The ONR must act in accordance with its strategy, or any revision of it, approved under sub-paragraph (7).

(3) Before preparing or revising its strategy the ONR must consult such persons as it considers it appropriate to consult.

(4) The first proposal for the ONR's strategy must be submitted to the Secretary of State within 8 months beginning with the day on which this paragraph comes into force.

(5) The ONR—

(a) may review its strategy at any time, and

(b) must do so—

(i) within 5 years beginning with the day on which its strategy is first published, and

(ii) within 5 years beginning with the most recent review of its strategy.

(6) The ONR—

(a) may revise its strategy following a review under sub-paragraph (5), and

(b) must submit any revision of its strategy to the Secretary of State.

(7) The Secretary of State may approve the ONR's strategy, or any revision of it, with or without modifications.

(8) The Secretary of State must consult the ONR before approving with modifications the ONR's strategy or any revision of it.

Annual plan

23

(1) The ONR—

(a) must prepare, for each financial year, a plan for the performance during that year of its functions (“the annual plan”), and

(b) may revise the annual plan.

(2) The ONR must take all reasonable steps to act in accordance with the annual plan, or any revision of it, approved under sub-paragraph (4).

(3) The ONR must submit the proposed annual plan and any revision of it to the Secretary of State.

(4) The Secretary of State may approve the annual plan and any revision of it with or without modifications.

(5) The Secretary of State must consult the ONR before approving with modifications the ONR's annual plan or any revision of it.

Reporting requirements of the ONR

24

(1) As soon as reasonably practicable after the end of each financial year, the ONR must make a report to the Secretary of State on the performance of the ONR's functions during the year.

(2) The report for a financial year must contain—

(a) a general description of what the ONR has done in the exercise of its functions during the year,

(b) a description of how, and the extent to which, what the ONR has done during the year has enabled it to—

(i) act in accordance with its strategy in force during the year, and

(ii) meet any objectives set out in its annual plan, and

(c) a description of any relevant services provided by the ONR during the year to any person, whether or not in the United Kingdom, under section 91(2) (provision of services or facilities).

Laying and publication

25

(1) This paragraph applies to—

(a) the ONR's strategy, and any revision of it, approved under paragraph 22(7),

(b) the ONR's annual plan, and any revision of it, approved under paragraph 23(4), and

(2) The documents mentioned in sub-paragraph (1) are referred to in this paragraph as “relevant documents”.

(3) The Secretary of State must lay a copy of each relevant document before Parliament, together with a statement as to whether any matter has been excluded from that copy in accordance with sub-paragraph (4).

(4) If it appears to the Secretary of State, after consultation with the ONR, that the publication of any matter in a relevant document would be contrary to the interests of national security, the Secretary of State may exclude that matter from the copy of it as laid before Parliament.

(5) The ONR must arrange for a relevant document to be published in the form in which it was laid before Parliament under sub-paragraph (3).

Payments and borrowing

26

(1) The Secretary of State must pay to the ONR such sums as are approved by the Treasury and as the Secretary of State considers appropriate for the purpose of enabling the ONR to perform its functions.

(2) The ONR may, with the consent of the Secretary of State, borrow money.

(3) The ONR may not borrow money if the effect of the borrowing would be to cause the aggregate amount outstanding in respect of the principal of sums borrowed by the ONR to be, or to remain, in excess of the ONR's borrowing limit.

(4) The ONR's borrowing limit is £35 million.

(5) The Secretary of State may by order amend sub-paragraph (4) so as to substitute, for the sum for the time being specified in that sub-paragraph, the sum specified in the order, which must not be—

(a) less than £35 million, or

(b) greater than £80 million.

(6) Before making an order under this paragraph, the Secretary of State must consult the ONR.

Supplementary powers

27

(1) The ONR may do anything which is calculated to facilitate, or is conducive or incidental to, the performance of its functions.

(2) The power in sub-paragraph (1) is subject to any restrictions imposed by or under any provision of any enactment.

Financial year

28

(1) In this Part of this Act “financial year” means a period of 12 months ending with 31st March.

(2) But the first financial year of the ONR is—

(a) the period beginning with the date on which section 77 comes into force and ending with the following 31st March, or

(b) if the Secretary of State so directs, such other period not exceeding 2 years as may be specified in the direction.

SCHEDULE 8

PART 1 — Appointment and powers of inspectors

Appointment of inspectors

1

(1) The ONR may appoint persons (referred to in this Part of this Act as “inspectors”) to carry into effect the relevant statutory provisions.

(2) A person appointed as an inspector must be someone who appears to the ONR to be suitably qualified to carry out the functions that the ONR authorises the person to carry out.

(3) The appointment of an inspector under this paragraph is to be on such terms as the ONR may determine and may be ended by the ONR at any time.

(4) Any appointment of an inspector under this paragraph must be made by a written instrument.

(5) References in this Schedule to carrying into effect the relevant statutory provisions include in particular assisting the ONR to fulfil its functions under the relevant statutory provisions.

Powers of inspectors

2

(1) An inspector's instrument of appointment may authorise the inspector to exercise any relevant power.

(2) Authority to exercise a relevant power may be given—

(a) without restriction, or

(b) only to a limited extent or for limited purposes.

(3) The authority conferred by an inspector's instrument of appointment to exercise any relevant powers may be varied by the ONR by a further instrument in writing varying the instrument of appointment.

(4) For the purposes of this Schedule, an inspector is “authorised”, in relation to a power, if and so far as the inspector is authorised by the instrument of appointment to exercise the power.

(5) In this Part, “relevant power” means a power conferred by any of the relevant statutory provisions on an inspector if and so far as so authorised.

(6) When exercising or seeking to exercise any relevant power, an inspector must, if asked, produce the instrument of appointment (including any instrument varying it) or a duly authenticated copy.

PART 2 — Powers exercisable by inspectors authorised by instrument of appointment: improvement notices and prohibition notices

Improvement notices

3

(1) This paragraph applies where an inspector is of the opinion that a person—

(a) is contravening one or more applicable provisions, or

(b) has contravened one or more of those provisions in circumstances that make it likely that the contravention will continue or be repeated.

(2) The inspector may, if authorised, give the person a notice (an “improvement notice”) requiring the person to remedy—

(a) the contravention, or

(b) as the case may be, the matters giving rise to the notice,

within the period specified in the notice.

(3) The improvement notice must—

(a) specify the applicable provision or provisions in question, and

(b) state that the inspector is of the opinion mentioned in sub-paragraph (1), and why.

(4) The period specified under sub-paragraph (2) must end no earlier than the period within which an appeal against the notice may be brought under paragraph 6.

(5) In this paragraph “applicable provision” means—

(a) any of the relevant statutory provisions other than any provision of nuclear regulations which is identified in accordance with section 74(9) (provision made for nuclear security purposes), or

(b) any condition attached to a nuclear site licence under section 4 of the Nuclear Installations Act 1965 relating to a site in England, Wales or Scotland.

Prohibition notices

4

(1) This paragraph applies where an inspector is of the opinion that—

(a) relevant activities, as they are being carried on by or under the control of a person, involve a risk of serious personal injury, or

(b) relevant activities which are likely to be carried on by or under the control of a person will, as so carried on, involve a risk of serious personal injury.

(2) The inspector may, if authorised, give the person a notice (“a prohibition notice”) directing that the activities to which the notice relates must not be carried on by or under the control of the person unless the following have been remedied—

(a) the matters specified in the notice under sub-paragraph (3)(b), and

(b) any associated contraventions of provisions specified under sub-paragraph (3)(c).

(3) A prohibition notice must—

(a) state that the inspector is of the opinion mentioned in sub-paragraph (1);

(b) specify the matters which in the inspector's opinion give, or, as the case may be, will give rise to the risk mentioned in that sub-paragraph;

(c) where in the inspector's opinion any of those matters involves or, as the case may be, will involve a contravention of any applicable provision—

(i) specify the provision or provisions in question, and

(ii) state that the inspector is of that opinion, and why.

(4) A prohibition notice takes effect—

(a) at the end of the period specified in the notice, or

(b) if the notice so specifies, immediately.

(5) In this paragraph—

“applicable provision” has the same meaning as in paragraph 3 but does not include nuclear safeguards regulations or a provision of the Nuclear Safeguards Act 2000;

“relevant activities” means any activities in relation to which any applicable provision applies (or would apply if they were being carried on).

Improvement and prohibition notices: supplementary

5

(1) In this paragraph “a notice” means an improvement notice or a prohibition notice.

(2) A notice may (but need not) include directions as to the measures to be taken to remedy any contravention or matter to which the notice relates.

(3) Any such directions—

(a) may be expressed by reference to any approved code of practice, and

(b) may afford the person to whom the notice is given a choice between different ways of remedying the contravention or matter.

(4) Sub-paragraph (5) applies where—

(a) any of the applicable provisions applies to a building or any matter connected with a building, and

(b) an inspector proposes to serve an improvement notice relating to a contravention of that provision in connection with the building or matter.

For this purpose “applicable provision” has the same meaning as in paragraph 3.

(5) The notice must not direct any measures to be taken to remedy the contravention that are more onerous than any measures that would be necessary to secure conformity with—

(a) current new-build requirements, or

(b) if the provision in question imposes specific requirements that are more onerous than the requirements of any current new-build requirements, those specific requirements.

(6) In sub-paragraph (5), “current new-build requirements”, in relation to a building, or matter connected with a building, means the requirements of any building regulations for the time being in force to which the building or matter would be required to conform if the relevant building were being newly erected.

(7) In sub-paragraph (6), “building regulations”, in relation to Scotland, has the meaning given by section 1 of the Building (Scotland) Act 2003 (asp 8).

(8) Where an improvement notice or a prohibition notice which is not to take immediate effect has been given—

(a) the notice may be withdrawn by an inspector at any time before the end of the period specified in it under paragraph 3(2) or 4(4)(a), and

(b) the period so specified may be extended or further extended by an inspector at any time when an appeal against the notice is not pending.

Appeal against improvement or prohibition notice

6

(1) In this paragraph “a notice” means an improvement notice or a prohibition notice.

(2) A person to whom a notice is given may appeal within such period after the notice is given as may be prescribed by regulations made by the Secretary of State (“the prescribed period”).

(3) An appeal under this paragraph lies to an employment tribunal.

(4) On an appeal, the tribunal may—

(a) cancel the notice, or

(b) confirm it—

(i) in its original form, or

(ii) with such modifications as, in the circumstances, the tribunal considers appropriate.

(5) Where an appeal under this paragraph is brought against an improvement notice within the prescribed period, the operation of the notice is suspended until the appeal is withdrawn or finally disposed of.

(6) Where—

(a) an appeal under this paragraph is brought against a prohibition notice within the prescribed period, and

(b) on the application of the appellant, the tribunal so directs,

the operation of the notice is suspended from the time the direction is given until the appeal is withdrawn or finally disposed of.

(7) One or more assessors may be appointed for the purposes of any proceedings brought before an employment tribunal under this paragraph.

Improvement and prohibition notices: offences

7

(1) It is an offence to contravene any requirement or prohibition imposed by an improvement notice or a prohibition notice.

(2) A person who commits an offence under this paragraph is liable—

(a) on summary conviction—

(i) to imprisonment for a term not exceeding 12 months (in England and Wales or Scotland),

(ii) to a fine (in England and Wales) or a fine not exceeding £20,000 (in Scotland), or

(iii) to both;

(b) on conviction on indictment—

(i) to imprisonment for a term not exceeding 2 years,

(ii) to a fine, or

(iii) to both.

(3) In the application of this paragraph in England and Wales, the reference in sub-paragraph (2)(a)(i) to 12 months is to be read as a reference to the general limit in a magistrates’ court (or to 6 months in relation to an offence committed before 2 May 2022).

PART 3 — Other powers exercisable by inspector if authorised by instrument of appointment

Power of entry

8

(1) An inspector may, if authorised, enter any premises which the inspector has reason to believe it is necessary for the inspector to enter for the relevant purpose—

(a) at any reasonable time, or

(b) at any time, in a situation—

(i) which in the inspector's opinion is or may be dangerous, or

(ii) in which, in the inspector's opinion, delay would or might be prejudicial to the nuclear security purposes.

(2) In relation to domestic premises, the power may be exercised only—

(a) in accordance with a warrant issued by a justice of the peace, or

(b) in a situation which in the inspector's opinion is or may be dangerous.

(3) A justice of the peace may issue a warrant under sub-paragraph (2)(a) only if satisfied, on the application of the inspector,—

(a) that—

(i) there are reasonable grounds to believe that a contravention of a relevant statutory provision is occurring on the premises, or

(ii) the inspector has been refused consent to enter the premises for the relevant purpose or there are reasonable grounds to believe that such consent will be refused, and

(b) that it is reasonable in the circumstances to issue a warrant to the inspector.

(4) The reference to premises in sub-paragraph (1) includes any ship outside the United Kingdom or its territorial sea.

(5) For the purposes of this paragraph, “domestic premises” means premises used wholly or mainly as a private dwelling.

Power to take persons and equipment etc onto premises

9

In exercising the power of entry mentioned in paragraph 8, an inspector may—

(a) be accompanied—

(i) by any person approved by the ONR for the purpose, and

(ii) if the inspector has reasonable cause to expect any serious obstruction in the exercise of any of the inspector's powers, by a constable, and

(b) take along any equipment and materials required for any purpose for which the inspector is exercising the power of entry.

Power to deal with cause of imminent danger

10

(1) Sub-paragraph (2) applies where an inspector finds any article or substance in relevant premises in circumstances in which the inspector has reasonable cause to believe it is a cause of imminent danger of serious personal injury.

(2) The inspector may, if authorised, do any of the following—

(a) seize the article or substance;

(b) cause it to be made harmless or the risk of harm from it to be reduced (in either case, by destruction or otherwise);

(3) Before any article that forms part of a batch of similar articles, or any substance, is dealt with under sub-paragraph (2)(b), the inspector must, if it is practicable,—

(a) take a sample, and

(b) give a portion of the sample, marked so as to be identifiable, to a responsible person.

(4) As soon as practicable after seizing or dealing with any article or substance under sub-paragraph (2), the inspector must make and sign a written report setting out the circumstances in which the article or substance was seized or so dealt with.

(5) The inspector must give a signed copy of the report to a responsible person.

(6) If that person is not the owner of the article or substance, the inspector must also—

(a) give a signed copy of the report to the owner, or

(b) if that is not possible because—

(i) the inspector cannot find out the owner's name or address after making reasonable enquiries, and

(ii) the owner has not indicated a willingness in accordance with section 110 to receive a signed copy of the report by any means mentioned in subsection (1)(b) of that section,

give a further signed copy of the report to that responsible person.

(7) For the purposes of this paragraph—

(a) “responsible person”, in relation to any article or substance, means a responsible person at the premises in which the inspector finds the article or substance;

(b) in the case of a report in electronic form, any signature required on the report or a copy of it may be an electronic signature (within the meaning given in section 7(2) of the Electronic Communications Act 2000).

Powers exercisable in relation to particular articles or substances or in particular circumstances

11

(1) An authorised inspector may cause any article or substance in relevant premises—

(a) to be dismantled;

(b) to be tested;

(2) The inspector may exercise any of those powers only if it appears to the inspector—

(a) that the article or substance has caused, or is likely to cause, danger to health or safety, or

(b) that it is desirable to do so for the nuclear security purposes.

(3) Before exercising a power in this paragraph, the inspector must consult anyone whom the inspector considers it appropriate to consult about the dangers (if any) of what is proposed.

(4) Anything done to the article or substance under this paragraph must not damage or destroy it unless in the circumstances that is unavoidable for the relevant purpose.

(5) If requested by a person who has responsibilities in relation to the relevant premises, and is on the premises, the inspector must allow anything done to the article or substance under this paragraph to be done in that person's presence, unless the inspector considers that that would be prejudicial to national security.

12

(1) An authorised inspector may take possession of any article or substance found on relevant premises and retain it for as long as necessary—

(a) for it to be examined;

(b) for anything to be done to it which the inspector may cause to be done under paragraph 11;

(c) to ensure that it is not tampered with before any examination or other procedure mentioned in paragraph (a) or (b) is complete;

(d) to ensure that it is available for use in—

(i) any proceedings for an offence under any of the relevant statutory provisions, or

(ii) any proceedings relating to an improvement notice or a prohibition notice.

(2) The inspector may exercise that power only if it appears to the inspector—

(a) that it is desirable to do so for the nuclear security purposes, or

(b) that the article or substance has caused, or is likely to cause, danger to health or safety.

(3) Before taking possession of any substance under this paragraph, the inspector must, if it is practicable,—

(a) take a sample of it, and

(b) give a portion of the sample, marked so as to be identifiable, to a responsible person at the premises.

(4) An inspector who takes possession of any article or substance under this paragraph must—

(a) if it is practicable to do so, give a notice to that effect to a responsible person at the premises;

(b) otherwise, fix such a notice in a conspicuous position at the premises.

(5) The notice must include sufficient information about the article or substance to identify it.

Powers of inspection and examination and to take samples

13

(1) An authorised inspector may carry out any examination or investigation necessary for the relevant purpose and, in doing so, may—

(a) take measurements and photographs, and

(b) make recordings.

(2) An authorised inspector may take and deal with samples of—

(a) any article or substance found in relevant premises, or

(b) the atmosphere in or in the vicinity of relevant premises.

(3) The Secretary of State may by regulations make provision about—

(a) the procedure to be followed in taking any such samples, and

(b) the way in which any such samples are to be dealt with.

14

(1) An authorised inspector may direct that any relevant premises, or any article or substance in them, must be left undisturbed for as long as reasonably necessary for the purposes of any examination or investigation necessary for the purpose of any of the relevant statutory provisions.

(2) A direction under sub-paragraph (1)—

(a) may relate to part of any relevant premises;

(b) may relate to particular aspects of any premises or article or substance.

Powers to require information and documents

15

(1) An authorised inspector may require any person who the inspector has reasonable cause to believe is able to give any information relevant to any examination or investigation under paragraph 13—

(a) to answer any question the inspector thinks fit, and

(b) to sign a declaration of the truth of the person's answers.

(2) Where a person required to answer questions under this paragraph has nominated another person to be present, the person may not be required to answer questions except in the presence of the nominated person (if any).

(3) When exercising the power in this paragraph, an inspector may allow another person to be present (in addition to the nominated person (if any)).

(4) No answer given by a person by virtue of this paragraph is admissible in evidence against the person, or the person's spouse or civil partner, in any proceedings.

16

(1) An authorised inspector may—

(a) require any relevant documents to be produced, and

(b) inspect and take copies of (or of any information in) any relevant documents.

(2) For this purpose—

(a) “document” includes information recorded in any form;

(b) “relevant document” means a record or other document which—

(i) is required to be kept by virtue of any of the relevant statutory provisions, or

(ii) the inspector needs to see for the purposes of any examination or investigation under paragraph 13.

(3) In the case of a relevant document that consists of information held in electronic form, the inspector may—

(a) require it to be produced—

(i) in a legible form, or

(ii) in a form from which it can readily be produced in a legible form, and

(b) require access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with the relevant document.

Offences

17

(1) It is an offence for a person to contravene any requirement imposed by an inspector under this Part of this Schedule.

(2) It is an offence for a person to prevent or attempt to prevent any other person from—

(a) appearing before an inspector, or

(b) answering any question to which an inspector may require an answer by virtue of paragraph 15.

(3) A person who commits an offence under this paragraph is liable—

(a) on summary conviction—

(i) to imprisonment for a term not exceeding 12 months (in England and Wales or Scotland) or 6 months (in Northern Ireland),

(ii) to a fine (in England and Wales) or a fine not exceeding £20,000 (in Scotland or Northern Ireland), or

(iii) to both;

(b) on conviction on indictment—

(i) to imprisonment for a term not exceeding 2 years,

(ii) to a fine, or

(iii) to both.

(4) In the application of this paragraph in England and Wales, the reference in sub-paragraph (3)(a)(i) to 12 months is to be read as a reference to the general limit in a magistrates’ court (or to 6 months in relation to an offence committed before 2 May 2022).

18

(1) It is an offence for a person intentionally to obstruct an inspector in the exercise or performance of the inspector's functions.

(2) A person who commits an offence under this paragraph is liable on summary conviction—

(a) to imprisonment for a term not exceeding 51 weeks (in England and Wales), 12 months (in Scotland) or 6 months (in Northern Ireland),

(b) to—

(i) in England and Wales, a fine, or

(ii) in Scotland or Northern Ireland, a fine not exceeding level 5 on the standard scale, or

(3) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for summary offences), the reference in sub-paragraph (2)(a), as it has effect in England and Wales, to 51 weeks is to be read as a reference to 6 months.

19

(1) It is an offence for a person falsely to pretend to be an inspector.

(2) A person who commits an offence under this paragraph is liable on summary conviction to—

(a) in England and Wales, a fine, or

(b) in Scotland or Northern Ireland, a fine not exceeding level 5 on the standard scale.

Supplementary powers

20

A power conferred by this Schedule includes power to require any person to provide any facilities or assistance relating to matters or things—

(a) within the person's control, or

(b) in relation to which the person has responsibilities,

which are needed in order to enable an authorised inspector to exercise the power.

21

A power conferred by this Schedule includes power to do anything incidental that is necessary for the relevant purpose.

Protection for documents subject to legal professional privilege etc

22

Nothing in this Part of this Schedule is to be taken to confer power to compel the production by any person of a document or information in respect of which—

(a) in England and Wales or Northern Ireland, a claim to legal professional privilege, or

(b) in Scotland, a claim to confidentiality of communications,

could be maintained in legal proceedings.

PART 4 — Supplementary

Duty to provide information to employees or their representatives

23

(1) An inspector must provide to people employed at any premises (or their representatives) any relevant information that needs to be provided in order for them (or their representatives) to be kept adequately informed about matters affecting their health, safety or welfare.

(2) Where information is provided to employees (or their representatives) under sub-paragraph (1), the inspector must provide the same information to their employer.

(3) For this purpose—

(a) “relevant information”, in relation to any premises, means—

(i) factual information which is protected information within the meaning of Schedule 9 and is relevant to the premises, and

(ii) information about action which the inspector has taken or proposes to take in relation to the premises, and

(b) “employee”, “employer” and “employed” have the same meanings as in Part 1 of the 1974 Act.

Interpretation

24

(1) In this Schedule—

“authorised” is to be read in accordance with paragraph 2(4);

“offshore installation” means any installation which is intended for underwater exploitation of mineral resources or exploration with a view to such exploitation;

“premises” includes any place and, in particular, includes—any vehicle, ship or aircraft,any installation on land (including the foreshore and other land intermittently covered by water), any offshore installation, and any other installation (whether floating, or resting on the seabed or its subsoil, or resting on other land covered with water or its subsoil), andany tent or movable structure;

“relevant premises”, in relation to an inspector, means premises which the inspector has entered—with the consent of a person who reasonably appeared to the inspector to be an appropriate person to give consent, orin exercise of the power in paragraph 8;

“the relevant purpose”, in relation to a power, means—if an instrument of appointment authorises the inspector to exercise the power only for limited purposes, that purpose;in any other case, the purpose of carrying into effect the relevant statutory provisions;

“ship” includes every description of vessel used in navigation;

“substance” means any natural or artificial substance, whether solid or liquid or in the form of a gas or vapour.

(2) In this Schedule, references to an inspector, in relation to any power, are to the inspector exercising or proposing to exercise the power.

SCHEDULE 9

PART 1 — Prohibition on disclosure of protected information

1

(1) In this Schedule “protected information” means information which has been—

(a) obtained by the ONR under section 97,

(b) provided to the ONR, an inspector or a health and safety inspector under section 98,

(d) obtained by a health and safety inspector in the exercise of any power under section 20 of the 1974 Act (powers of persons appointed under section 19 of that Act),

(e) obtained by an ONR inquiry official as a result of the exercise of an ONR inquiry power,

(f) provided to a person pursuant to a requirement imposed by any of the relevant statutory provisions, or

(g) provided to the ONR or a health and safety inspector pursuant to a requirement imposed by any provision which is one of the relevant statutory provisions for the purposes of Part 1 of the 1974 Act.

(2) Information is not protected information for the purposes of this Schedule if it has been—

(a) disclosed as mentioned in paragraph 16, or

(b) otherwise made available to the public—

(i) by virtue of a disclosure in accordance with Part 3 of this Schedule, or

(ii) lawfully from other sources.

(3) Information received by virtue of a disclosure under paragraph 21 (anonymised information) is not protected information.

(4) Protected information includes, in particular, information with respect to a trade secret which an inspector, a health and safety inspector or an ONR inquiry official has obtained as a result of entering premises in exercise of a relevant power, a power conferred under section 20 of the 1974 Act or an ONR inquiry power.

(5) In this Schedule—

“ONR inquiry official” means a person on whom functions are conferred under section 85(5)(a);

“ONR inquiry power” means a power conferred by regulations under section 85(5)(a);

“the original holder” of protected information means the person who obtained the information, or to whom it was provided, as mentioned in sub-paragraph (1).

PART 2 — Offences relating to disclosure and use of protected information

Prohibition on disclosing protected information

2

Protected information must not be disclosed—

(a) by the original holder of the information, or

(b) by any other person holding it who has received it directly or indirectly from the original holder by virtue of a disclosure, or disclosures, in accordance with this Schedule,

except in accordance with Part 3 of this Schedule.

Offence of disclosing protected information in contravention of paragraph 2

3

It is an offence for a person to disclose information in contravention of paragraph 2.

Offence of using protected information in contravention of a restriction in Part 3

4

It is an offence for a person to use protected information in contravention of a restriction under paragraph 10(3), 11(2), 12(2), 13(2), 14(2) or 15(2).

Defence to offences under paragraphs 3 and 4

5

It is a defence for a person charged with an offence under paragraph 3 or 4 to prove—

(a) that the person did not know and had no reason to suspect that the information was protected information, or

(b) that the person took all reasonable precautions and exercised all due diligence to avoid committing the offence.

Penalty for offences under paragraphs 3 and 4

6

(1) A person who commits an offence under paragraph 3 or 4 is liable—

(a) on summary conviction—

(i) to imprisonment for a term not exceeding 12 months (in England and Wales or Scotland) or 6 months (in Northern Ireland),

(ii) to a fine (in England and Wales) or a fine not exceeding the statutory maximum (in Scotland or Northern Ireland), or

(iii) to both;

(b) on conviction on indictment—

(i) to imprisonment for a term not exceeding 2 years,

(ii) to a fine, or

(iii) to both.

(2) In the application of this paragraph in England and Wales, the reference in sub-paragraph (1)(a)(i) to 12 months is to be read as a reference to the general limit in a magistrates’ court (or to 6 months in relation to an offence committed before 2 May 2022).

PART 3 — Protected information: permitted disclosures and restrictions on use

7

(1) Paragraph 2 does not prohibit a disclosure of protected information if it is made with the appropriate consent.

(2) For this purpose “the appropriate consent” means—

(a) if the information was obtained as mentioned in paragraph 1(1) as a result of any premises being entered—

(i) by an inspector in exercise of a relevant power,

(ii) by a health and safety inspector in exercise of a power under section 20 of the 1974 Act, or

(iii) by an ONR inquiry official in exercise of an ONR inquiry power,

the consent of a person having responsibilities in relation to the premises;

(b) in any other case, the consent of the person from whom the information was obtained, or who provided it, as mentioned in paragraph 1(1).

Disclosure by ONR, inspectors etc

8

Paragraph 2 does not prohibit a disclosure of protected information by—

(a) the ONR,

(b) an inspector,

(d) an ONR inquiry official,

for the purposes of any of that person's functions.

Disclosure to the ONR, inspectors etc

9

Paragraph 2 does not prohibit a disclosure of protected information to—

(a) the ONR,

(b) an officer of the ONR,

(d) an officer of such a body,

(e) a person providing advice to the ONR,

(f) an inspector, or

(g) a health and safety inspector.

Ministers, government departments and certain authorities

10

(1) Paragraph 2 does not prohibit the following disclosures of protected information—

(a) a disclosure to—

(i) a relevant authority, or

(ii) an officer of a relevant authority, or

(b) a disclosure by a person within paragraph (a) which is necessary for any of the purposes of the relevant authority in question.

(2) For this purpose, “relevant authority” means—

(a) a Minister of the Crown,

(b) the Scottish Ministers,

(d) a Northern Ireland Department,

(e) the Environment Agency,

(f) the Scottish Environment Protection Agency,

(g) the Natural Resources Body for Wales,

(h) the Office of Rail and Road,

(i) the Civil Aviation Authority, or

(j) any other government department.

(3) A person within sub-paragraph (1)(a) to whom protected information is disclosed by virtue of any provision of this Schedule may not use the information for a purpose other than any of the purposes of the relevant authority in question.

Health and safety etc

11

(1) Paragraph 2 does not prohibit the following disclosures of protected information—

(a) a disclosure to a health and safety authority, or

(b) a disclosure by a health and safety authority which is—

(i) made by or with the consent of the Health and Safety Executive, and

(ii) necessary for any of the purposes of the Health and Safety Executive.

(2) A health and safety authority to whom protected information is disclosed by virtue of any provision of this Schedule may not use the information for any purpose other than any of the purposes of the Health and Safety Executive.

(3) For this purpose, “health and safety authority” means—

(a) the Health and Safety Executive,

(b) an officer of the Health and Safety Executive,

(c) a person or body performing any functions of the Health and Safety Executive on its behalf by virtue of section 13(3) of the 1974 Act,

(d) an officer of such a body,

(e) an adviser appointed by that Executive under section 13(7) of that Act, and

(f) a person appointed by that Executive under section 19 of that Act as an inspector within the meaning given in that section.

12

(1) Paragraph 2 does not prohibit the following disclosures of protected information—

(a) a disclosure to a person with enforcement responsibilities;

(b) a disclosure by such a person which is—

(i) made by or with the consent of the enforcing authority in question, and

(ii) necessary for the purposes of any function which the enforcing authority in question has in its capacity as an enforcing authority.

(2) A person with enforcement responsibilities to whom protected information is disclosed by virtue of any provision of this Schedule may not use the information otherwise than for the purposes of any function which the enforcing authority in question has in its capacity as such.

(3) For this purpose, “person with enforcement responsibilities” means—

(a) an enforcing authority within the meaning of the 1974 Act, other than the ONR or the Health and Safety Executive;

(b) an officer of an authority within paragraph (a);

(c) a person appointed by such an authority under section 19 of that Act as an inspector within the meaning given in that section.

13

(1) Paragraph 2 does not prohibit the following disclosures of protected information—

(a) a disclosure to a Northern Ireland health and safety authority;

(b) a disclosure by a Northern Ireland health and safety authority which is—

(i) made by or with the consent of the Health and Safety Executive for Northern Ireland, and

(ii) necessary for any of the purposes of the Health and Safety Executive for Northern Ireland.

(2) A Northern Ireland health and safety authority to whom protected information is disclosed by virtue of any provision of this Schedule may not use the information for any purpose other than any of the purposes of the Health and Safety Executive for Northern Ireland.

(3) For this purpose, Northern Ireland health and safety authority means—

(a) the Health and Safety Executive for Northern Ireland,

(b) an officer of the Health and Safety Executive for Northern Ireland,

(c) a person or body performing any functions of the Health and Safety Executive for Northern Ireland on its behalf by virtue of Article 15(1)(a) of the Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I. 9)),

(d) an officer of such a body,

(e) an adviser appointed by that Executive under Article 15(1)(c) of that Order, and

(f) a person appointed by that Executive under Article 21 of that Order as an inspector within the meaning of that Article.

Local authorities and water authorities etc

14

(1) Paragraph 2 does not prohibit the following disclosures of protected information—

(a) a disclosure by the original holder to an officer of a local authority or relevant water authority who is authorised by the authority to receive the information;

(b) a disclosure by an officer of a local authority or relevant water authority to whom the information is disclosed by virtue of paragraph (a) which is necessary for a relevant purpose.

(2) A person to whom information is disclosed by virtue of sub-paragraph (1)(a) must not use the information for a purpose other than a relevant purpose.

(3) For the purposes of this paragraph—

“local authority” includes the following—a joint authority established by Part 4 of the Local Government Act 1985;...an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;a combined authority established under section 103 of that Act; a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004; the London Fire Commissioner, the Broads Authority;a National Park authority;

“relevant water authority” means—a water undertaker,a sewerage undertaker,a water authority,a water development board, orScottish Water;

“relevant purpose”, in relation to an officer of a local authority or relevant water authority, means any purpose of the authority in connection with—any of the relevant statutory provisions or any of the provisions which are relevant statutory provisions for the purposes of Part 1 of the 1974 Act, orany provision of, or made under, primary legislation which relates to public health, public safety or the protection of the environment.

Police

15

(1) Paragraph 2 does not prohibit the following disclosures of protected information—

(a) a disclosure by the original holder to a constable authorised by a chief officer of police to receive it;

(b) a disclosure by a constable to whom it is disclosed by virtue of paragraph (a) which is necessary for any of the purposes of the police in connection with—

(i) the relevant statutory provisions, or

(ii) any provision of, or made under, primary legislation which relates to public health, public safety or national security.

(2) A constable to whom information is disclosed by virtue of sub-paragraph (1) must not use the information for a purpose other than a purpose of the police in connection with—

(a) any of the relevant statutory provisions or any of the provisions which are relevant statutory provisions for the purposes of Part 1 of the 1974 Act, or

(b) any provision of, or made under, primary legislation which relates to public health, public safety or national security.

Disclosure required under legislation

16

Paragraph 2 does not prohibit a disclosure of protected information which is made in accordance with an obligation under—

(a) the Freedom of Information Act 2000,

(b) the Freedom of Information (Scotland) Act 2002, or

(c) environmental information regulations within the meaning given in section 39(1A) of the Freedom of Information Act 2000.

Legal proceedings, inquiries and investigations

17

Paragraph 2 does not prohibit a disclosure of protected information for the purposes of—

(a) any legal proceedings,

(b) an ONR inquiry,

(d) an investigation held by virtue of section 84,

(e) any report of such proceedings, ONR inquiry or inquiry under section 14(2A) of the 1974 Act or any special report under section 84.

18

Paragraph 2 does not prohibit a disclosure of protected information which is made—

(a) by an inspector, a health and safety inspector or an ONR inquiry official,

(b) to a person who appears to the person making the disclosure to be likely to be a party to any civil proceedings arising out of any accident, occurrence, situation or other matter, and

(c) in the form of a written statement of relevant facts observed by the person making the disclosure in the course of exercising a relevant power, a power under section 20 of the 1974 Act or an ONR inquiry power.

19

(1) Paragraph 2 does not prohibit a disclosure of protected information which is made—

(a) by the ONR, an inspector, a health and safety inspector or an ONR inquiry official, and

(b) for any of the purposes specified in section 17(2)(a) to (d) of the Anti-terrorism, Crime and Security Act 2001 (criminal proceedings and investigations).

(2) Section 18 of that Act (restriction on disclosure of information for overseas purposes) has effect in relation to a disclosure authorised by sub-paragraph (1) as it has effect in relation to a disclosure authorised by any of the provisions to which section 17 of that Act applies.

Disclosure for safeguards purposes

20

Paragraph 2 does not prohibit a disclosure of protected information which is made for the purposes of a relevant international agreement.

Anonymised information

21

Paragraph 2 does not prohibit a disclosure of protected information which is made in a form calculated to prevent the information from being identified as relating to a particular person or case.

PART 4 — General

Interaction with other legislation

22

The prohibition in paragraph 2 is to be disregarded for the purposes of—

(a) section 44 of the Freedom of Information Act 2000, and

(b) section 26 of the Freedom of Information (Scotland) Act 2002,

(which provide for exemptions from disclosure requirements under those Acts for information subject to statutory prohibitions on disclosure).

23

Nothing in this Part of this Act is to be taken to permit or require a disclosure of information which is prohibited by or under any provision of primary legislation (including, in particular, section 79 or 80 of the Anti-terrorism, Crime and Security Act 2001 (prohibition on disclosure of information relating to nuclear security)).

SCHEDULE 10

Interpretation

1

In this Schedule—

“offence” means an offence created by or under a relevant provision;

“relevant provision” means any of the relevant statutory provisions other than any provision made by the Nuclear Safeguards Act 2000.

Venue

2

(1) If an offence is committed in connection with any plant or substance, the offence may be treated as having been committed at the place where the plant or substance is for the time being.

(2) Sub-paragraph (1) applies only if it is necessary to treat the offence as having been committed there for the purpose of conferring jurisdiction on any court to entertain proceedings for the offence.

(3) In this paragraph—

“plant” includes any machinery, equipment or appliance;

“substance” means any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour.

(4) This paragraph is subject to any provision made in nuclear regulations by virtue of section 74(5)(b) (treatment of offences as having been committed at a specified place).

Extension of time for bringing summary proceedings

3

(1) This paragraph applies where—

(a) a special report on a matter is made under section 84(1);

(b) a report is made by a person holding an ONR inquiry;

(d) an inquiry under the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 is held into a relevant death.

(2) A “relevant death” is the death of any person which may have been caused—

(a) by an accident which happened while at work,

(b) by a disease which the person contracted (or probably contracted) while at work, or

(3) Sub-paragraph (4) applies if it appears from—

(a) the report mentioned in sub-paragraph (1)(a) or (b),

(b) the inquest mentioned in sub-paragraph (1)(c), or

that a relevant provision was contravened at a time which is material in relation to the subject-matter of the report, inquest or inquiry.

(4) Summary proceedings against any person liable to be proceeded against in respect of the contravention may be commenced at any time within 3 months of—

(a) the making of the report in question, or

(b) (as the case may be) the conclusion of the inquest or inquiry.

4

(1) This paragraph applies to any offence that a person commits as a result of a provision or requirement that the person is subject to as the designer, manufacturer, importer or supplier of any thing.

(2) Summary proceedings for the offence may be commenced at any time within 6 months from the date on which there comes to the knowledge of the ONR evidence that appears sufficient to the ONR—

(a) to justify a prosecution for the offence, or

(b) in relation to an offence in Scotland, to justify a report to the Lord Advocate with a view to consideration of the question for prosecution.

(3) For this purpose—

(a) a certificate of the ONR stating that such evidence came to its knowledge on a specified date is to be taken as conclusive evidence of that fact,

(b) a document purporting to be such a certificate, and to be signed on behalf of the ONR, is to be presumed to be such a certificate unless the contrary is proved, and

(c) in relation to an offence in Scotland, section 136(3) of the Criminal Procedure (Scotland) Act 1995 (date of commencement of proceedings) has effect as it has effect for the purposes of that section.

Continuation of offences

5

(1) This paragraph applies where an offence is committed as a result of a failure to do something at or within a time fixed by or under a relevant provision.

(2) The offence is to be deemed to continue until the thing is done.

Offences due to fault of other person

6

(1) A person (“A”) is guilty of an offence if—

(a) another person (“B”) commits the offence, and

(b) B's commission of the offence is due to the act or default of A,

and A is liable to be proceeded against and dealt with accordingly.

(2) For this purpose it does not matter whether or not proceedings are taken against B.

(3) A person (“A”) is guilty of an offence if—

(a) A is a person other than the Crown,

(b) the offence would have been committed by the Crown but for the fact that the provision under which the offence is committed does not bind the Crown, and

and A is liable to be proceeded against and dealt with accordingly.

(4) This paragraph is subject to any provision made in nuclear regulations.

Offences by bodies corporate

7

(1) Where an offence committed by a body corporate is proved—

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