The Health and Safety (Enforcing Authority) Regulations 1998

4A

The reference in paragraph 4(a)(iii) to a physically segregated area does not include an area segregated only in order to prevent the escape of asbestos; and in this paragraph “asbestos” has the meaning assigned to it by regulation 2(1) of the Control of Asbestos Regulations 2012.

13

The operation of a trolley vehicle system.

Application

1A

Nothing in these Regulations applies to the enforcement of the relevant statutory provisions as they apply in relation a GB nuclear site (within the meaning given in section 68 of the Energy Act 2013).

Interpretation

New nuclear build sites

2A

• (1) Subject to paragraphs (3) and (4), “new nuclear build site” means a site which—

• (a) is immediately adjacent to a GB nuclear site (“the associated site”);

• (b) is, or forms part of, a construction site where construction work is being carried out—

• (i) wholly or mainly for the purpose of the installation of one or more nuclear installations on the associated site; and

• (ii) by or on behalf of the person to whom the nuclear site licence for the associated site has been granted.

• (3) A site is not a new nuclear build site if, on the date construction work starts on that site, there is a nuclear installation installed on the associated site.

• (4) A site ceases to be a new nuclear build site on the completion of the construction work mentioned in paragraph (1)(b).

• (5) In this regulation—

• (a) “construction site” and “construction work” have the meanings given in regulation 2(1) of the Construction and Design Management Regulations 2015;

• (b) “GB nuclear site” has the meaning given in section 68 of the Energy Act 2013;

• (c) “nuclear site licence” and “nuclear installation” have the meanings given in section 26 of the Nuclear Installations Act 1965.

Interpretation: nuclear warship site

2B

• (1) For the purposes of these Regulations, “nuclear warship site” means a site which falls within paragraph (2).

• (2) A site falls within this paragraph if—

• (a) it is, or contains, a berth or an anchorage; and

• (b) relevant arrangements have—

• (i) been made for the use of the berth or anchorage (as the case may be) by a nuclear powered warship; and

• (ii) been notified to the ONR by the Secretary of State.

• (3) A site ceases to fall within paragraph (2) if the Secretary of State notifies the ONR that the relevant arrangements made for the use of the berth or anchorage by a nuclear powered warship are no longer in place.

• (4) In this regulation, “relevant arrangements” means, in relation to a berth or an anchorage (as the case may be), arrangements—

• (a) made between the Secretary of State and the owner or occupier in any case where the Secretary of State is not the owner or occupier of the site which is, or contains, the berth or anchorage,

• (b) otherwise, made by the Secretary of State.

Local authorities to be enforcing authorities in certain cases

Exceptions

The Office for Nuclear Regulation

4A

• (1) The ONR shall be the enforcing authority for premises which are or are on—

• (a) an authorised defence site; or

• (b) a new nuclear build site.

• (2) The ONR shall also be the enforcing authority for—

• (a) the provisions of the Ionising Radiations Regulations 2017 in so far as they apply—

• (i) in relation to the civil transport of radioactive material by road, railway or inland waterway; and

• (ii) to premises which are or are on a nuclear warship site;

• (aa) the provisions of the Radiation (Emergency Preparedness and Public Information) Regulations 2019 in so far as they apply to premises which are or are on a nuclear warship site;

• (b) subsections (1), (2), (4) and (5) of section 6 of the 1974 Act (general duties of manufacturers etc. as regards articles and substances for use at work) but only in so far as those requirements relate to—

• (i) articles for use at work which are designed, manufactured, imported or supplied; or

• (ii) substances which are manufactured, imported or supplied,

to be used exclusively or primarily in the installation, operation or decommissioning of a GB nuclear site or an authorised defence site;

• (c) subsection (3) of section 6 of the 1974 Act in so far as the requirements of that provision relate to the erection or installation of any article for use at work in any premises which are or are on an authorised defence site or a new nuclear build site.

• (3) For the purposes of—

• (a) paragraph (2)(a)—

• (i) “civil transport” means transport otherwise than for the purposes of the department of the Secretary of State with responsibility for defence;

• (ii) “radioactive material” has the same meaning as given in regulation 2(1) of the Ionising Radiations Regulations 2017 [S.I. 2017/1075];

• (iii) the transport of material begins with any preparatory process (such as packaging) and continues until the material has been unloaded at its destination;

• (b) paragraphs (2)(a) and (aa) “premises” includes a nuclear powered warship during any period it is berthed or anchored at a nuclear warship site.

• (4) The preceding provisions of this regulation have effect subject to—

• (a) regulation 6A; and

• (b) any provisions made for enforcement responsibility by other regulations made under the 1974 Act or any of the existing statutory provisions.

Arrangements enabling responsibility for enforcement to be transferred

Assignment of responsibility for enforcement in cases of uncertainty: the Executive and the local authority

Assignment of responsibility for enforcement in cases of uncertainty: the Executive and the ONR

6A

• (1) This regulation applies where there is uncertainty as to what are the respective responsibilities of the Executive and the ONR by virtue of regulations made under section 15 or 18(2) of the 1974 Act for the enforcement of—

• (a) section 6 of the 1974 Act in respect of any particular article for use at work or substance; or

• (b) any other relevant statutory provision in respect of any premises, part of premises or any activity carried on there.

• (2) The responsibility for enforcing the relevant statutory provision in question in the respect in question may be assigned by the Executive and the ONR (acting jointly) to the Executive or the ONR.

• (3) An assignment under paragraph (2) may be made only where the Executive and the ONR agree—

• (a) that there is uncertainty in the particular case as to what are their respective responsibilities by virtue of regulations made under section 15 or 18(2) of the 1974 Act are; and

• (b) which of them is more appropriate to be responsible for enforcement in that case.

• (4) Where an assignment is made under paragraph (2), the authority to which responsibility is assigned must give notice of the assignment to any person affected by it.

Assignment of responsibility for enforcement in cases of uncertainty: the ONR and the local authority

6B

• (1) This regulation applies where there is uncertainty as to what are the respective responsibilities of the ONR and a local authority by virtue of regulations made under section 18(2) of the 1974 Act for the enforcement of any of the relevant statutory provisions in respect of any particular premises, part of premises or any activity carried on there.

• (2) The responsibility for enforcing the relevant statutory provision in question in the respect in question may be assigned by the ONR and the local authority (acting jointly) to the ONR or the local authority.

• (3) An assignment under paragraph (2) may be made only where the ONR and the local authority agree—

• (a) that there is uncertainty in the particular case as to what are their respective responsibilities by virtue of regulations made under 18(2) of the 1974 Act are; and

• (b) which of them is more appropriate to be responsible for enforcement in that case.

• (4) Where an assignment is made under paragraph (2), the authority to which responsibility is assigned must give notice of the assignment to any person affected by it.

Revocation of instruments

14

Any activity regulated by the Acetylene Safety (England and Wales and Scotland) Regulations 2014.