The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014

Made: 3rd March 2014

Laid before Parliament: 10th March 2014

Coming into force: 1st April 2014

The Secretary of State, in exercise of the powers conferred by sections 113, 114 and 116 of the Energy Act 2013 , makes the following Order:

Citation and commencement

1

• (1) This Order may be cited as the Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014.

• (2) This Order comes into force on 1st April 2014.

Interpretation

2

• (1) In this Order—

• “the 1965 Act” means the Nuclear Installations Act 1965 ;

• “the 2001 Act” means the Anti-terrorism, Crime and Security Act 2001 ;

• “the 2013 Act” means the Energy Act 2013;

• “the 2003 Regulations” means the Nuclear Industries Security Regulations 2003 ;

• “the 2009 Regulations” means the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 ;

• “HSE” means the Health and Safety Executive;

• “United Kingdom ship” has the meaning given in section 70(3) of the 2013 Act;

• (2) For the purposes of this Order “ADN”, “ADR” and “RID” have the meanings given in section 73(3) of the 2013 Act.

• (3) For the purposes of this Order “hovercraft” and “United Kingdom hovercraft” have the meaning given in regulation 28 of the 2003 Regulations.

Extent and application

3

• (1) Subject to paragraphs (2) to (5), this Order extends to England and Wales, Scotland and Northern Ireland.

• (2) Article 7 extends to England and Wales only.

• (3) In Schedule 1—

• (a) paragraph 3 extends to England and Wales and Scotland only;

• (b) paragraph 8(2)(b) to (d) extends to England and Wales and Scotland only.

• (4) The amendments made by Schedule 2 have the same extent as the provisions which they amend, except that the amendments made by paragraphs 11 to 13 of that Schedule extend to Scotland only.

• (5) The amendments made by Schedule 3 have the same extent as the provisions which they amend, except that—

• (a) the amendments made by paragraphs 164 to 176 of that Schedule, in so far as they make provision for ONR inquiries, extend to England and Wales, Scotland and Northern Ireland;

• (b) the amendments made by paragraph 178 of that Schedule, extend to Scotland only;

• (c) the amendments made by paragraphs 182(2) and (4) and 187 to 189 of that Schedule apply in relation to England only;

• (d) the amendments made by paragraph 182(3) and (5) apply in relation to Wales only.

Regulations to be treated as regulations under the 2013 Act

4

Schedule 1 which—

• (a) makes provision for existing regulations to be treated as regulations under the 2013 Act, and

• (b) makes transitional modifications to the application of the 2013 Act in consequence of the provisions mentioned in sub-paragraph (a),

has effect.

Agreements concerning functions related to the transport of radioactive materials to be treated as agreements entered into by the ONR

5

• (1) The agreements and authorisation specified in paragraph (3) continue to have effect on and after 1st April 2014 as if they had been duly entered into between—

• (a) the Secretary of State or relevant public authority; and

• (b) the ONR in exercise of its powers under section 90(1) of the 2013 Act.

• (2) In those agreements all references to the Health and Safety Executive, or the Executive, are, so far as necessary for the purposes, or in consequence, of paragraph (1) to be read as references to the ONR.

• (3) The specified agreements are—

• (a) the agreement under section 13(4) of the 1974 Act and authorisation under paragraph 15 of Schedule 1 to the Civil Aviation Act 1982 made on 26th October 2011 by the Civil Aviation Authority and the HSE ;

• (b) the agreement made under section 13(4) of the 1974 Act on 28th October 2011 by the Secretary of State for Transport and the HSE ;

• (c) the agreement made under section 13(4) of the 1974 Act and section 28(1) of the Northern Ireland Act 1998 on 25th January 2012 by the Department of the Environment (Northern Ireland) and the HSE .

Consequential amendments

6

• (1) Schedule 2, which contains amendments to primary legislation in consequence of Part 3 of the 2013 Act, has effect.

• (2) Schedule 3, which contains amendments to instruments in consequence of Part 3 of the 2013 Act and of this Order, has effect.

Transitional provisions: fines on conviction by magistrates' court

7

• (1) This article makes transitional modifications to the 1965 Act, the 2001 Act and the 2013 Act as they apply to England and Wales.

• (2) In relation to an offence which is committed before the relevant commencement date, each of the references to a fine specified in paragraph (3) is to be treated as a reference to a fine not exceeding £20,000.

• (3) The specified references are—

• (a) in the 1965 Act, the first references in each of sections 1(8)(b), 4(11)(b), 5(10)(b) and 22(4)(b) ;

• (b) the first reference in section 77(3)(a)(ii) of the 2001 Act ;

• (c) in the 2013 Act—

• (i) the first reference in section 103(2)(a)(ii);

• (ii) the reference in section 104(2)(a)(i);

• (iii) the first reference in section 105(7)(a)(ii);

• (iv) the first references in each of paragraphs 7(2)(a)(ii) and 17(3)(a)(ii) of Schedule 8;

• (v) the first reference in paragraph 13(7)(a)(ii) of Schedule 10.

• (4) In relation to an offence which is committed before the relevant commencement date, section 75(2)(b)(ii) of the 2013 Act has effect as if for “a fine or” there were substituted “ a fine not exceeding the amount specified (which must not exceed £20,000) or ”.

• (5) In relation to an offence which is committed before the relevant commencement date, each of the references in the 2013 Act to a fine specified in paragraph (6) is to be treated as a reference to a fine not exceeding the statutory maximum.

• (6) The specified references are—

• (a) the reference in section 97(6)(a)(i);

• (b) the first reference in section 102(3)(a)(ii);

• (c) the first reference in paragraph 6(1)(a)(ii) of Schedule 9.

• (7) In relation to an offence which is committed before the relevant commencement date each of the references in the 2013 Act to a fine specified in paragraph (8) is to be treated as a reference to a fine not exceeding level 5 on the standard scale.

• (8) The specified references are—

• (a) the reference in section 99(3)(b)(i);

• (b) the references in paragraphs 18(2)(b)(i) and 19(2)(a) of Schedule 8.

• (9) In relation to an offence which is committed before the relevant commencement date, each of the provisions of the 2013 Act specified in paragraph (10) has effect as if for the words following the first reference to “a fine” there were substituted “ not exceeding level 5 on the standard scale ”.

• (10) The specified provisions are—

• (a) section 75(4)(b)(i); and

• (b) section 85(6)(a).

• (11) In this article “the relevant commencement date” means the date on which section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (removal of limit on certain fines on conviction by magistrates' court) comes into force.

Transitional provisions and savings: general

8

Schedule 4, which makes transitional provisions and savings, has effect.

SCHEDULE 1 — Regulations to be treated as regulations under the 2013 Act

PART 1 — Regulations to be treated as nuclear regulations

Nuclear Industries Security Regulations 2003

1

• (1) The 2003 Regulations are to be treated as nuclear regulations and as if identified in accordance with section 74(9) of the 2013 Act as made for the nuclear security purposes .

• (2) Sub-paragraph (1) does not apply to the following provisions of the 2003 Regulations—

• (a) regulation 2(4);

• (b) regulation 3(1) and (2).

• (3) Despite sub-paragraph (1), the 2003 Regulations are not—

• (a) to be treated as relevant provisions for the purposes of section 102 or 104 of the 2013 Act;

• (b) to be treated as relevant statutory provisions for the purposes of section 99 of that Act.

• (4) Nothing in this paragraph affects the continued application of regulations 2(4) and 3(1) and (2) of the 2003 Regulations for the purposes of the 2001 Act.

Nuclear Safeguards (Notification) Regulations 2004

2

The Nuclear Safeguards (Notification) Regulations 2004 are to be treated as nuclear regulations and as if identified in accordance with section 74(9) of the 2013 Act as made for the nuclear safeguards purposes .

Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009

3

• (1) Insofar as they have effect in relation to the civil carriage of class 7 goods, the 2009 Regulations are to be treated as nuclear regulations.

• (2) Sub-paragraph (1) does not apply to—

• (a) regulation 27 and, to the extent it relates to the charging of fees, regulation 29(6) of the 2009 Regulations; and

• (b) paragraphs 1, 3 and 4 of Schedule 3 to those Regulations.

• (3) Nothing in this paragraph affects the continued application of the 2009 Regulations to carriage other than the civil carriage of class 7 goods.

• (4) For the purposes of this paragraph—

• (a) “civil carriage of class 7 goods” means the carriage of class 7 goods otherwise than for the purposes of the department of the Secretary of State with responsibility for defence;

• (b) “class 7 goods”—

• (i) in relation to carriage by road, has the same meaning as in ADR;

• (ii) in relation to carriage by rail, has the same meaning as in RID;

• (iii) in relation to carriage by inland waterway, has the same meaning as in ADN.

PART 2 — Application of the 2013 Act to the Nuclear Industries Security Regulations 2003 – modification of provisions relating to offences

Application to transport other than transport in a ship which is not a United Kingdom ship or in a hovercraft which is not a United Kingdom hovercraft

4

• (1) Subject to sub-paragraph (2), this paragraph makes transitional modifications to Schedule 10 to the 2013 Act (provisions relating to offences) as it applies in relation to the provisions of the 2003 Regulations other than the non-UK transport provisions by virtue of paragraph 1 of this Schedule.

• (2) Paragraphs 3 to 5 and 12 of Schedule 10 to the 2013 Act do not apply in relation to—

• (a) any offence under regulation 25 of the 2003 Regulations committed on or after 1st April 2014; or

• (b) a nuclear security offence.

• (3) For the purposes of this paragraph—

• (a) “the non-UK transport provisions” means the provisions of the 2003 Regulations as they apply in relation to transport in a ship which is not a United Kingdom ship or in a hovercraft which is not a United Kingdom hovercraft;

• (b) “nuclear security offence” means an offence—

• (i) specified in sub-paragraph (4); and

• (ii) committed on or after 1st April 2014.

• (c) “nuclear security inspector” means an ONR inspector so far as acting for the purpose of carrying into effect any provision of the 2003 Regulations.

• (4) The specified offences are—

• (a) the offence under section 97(5) of the 2013 Act to the extent that it relates to a refusal or a failure by a person to comply with a notice given under that section requiring that person to provide information which the ONR needs for carrying out its functions under or in connection with the 2003 Regulations;

• (b) the offence under section 105(1) of that Act to the extent that it relates to the making of a statement by a person which that person knows to be false, or a person recklessly making a statement which is false—

• (i) in purported compliance with any requirement to provide information imposed by or under the 2003 Regulations; or

• (ii) for the purpose of obtaining the issue of a document under those Regulations;

• (c) the offence under section 105(3) of that Act to the extent that it relates to a person—

• (i) intentionally making a false entry in any register, record, notice or other document which is required to be kept or given by or under the 2003 Regulations; or

• (ii) with intent to deceive, making use of any such entry which the person knows to be false;

• (d) the offence under section 105(5) of that Act to the extent that it relates to a person, with intent to deceive—

• (i) using a document issued or authorised to be issued under the 2003 Regulations or required for the purpose of those Regulations; or

• (ii) making or having possession of a document so closely resembling a document mentioned in paragraph (i) as to be calculated to deceive;

• (e) the offence under paragraph 17(1) of Schedule 8 to the 2013 Act to the extent that it relates to the contravention by a person of any requirement imposed by a nuclear security inspector under Part 3 of that Schedule;

• (f) the offence under paragraph 17(2) of that Schedule to the extent that it relates to a person preventing or attempting to prevent any other person from—

• (i) appearing before a nuclear security inspector; or

• (ii) answering any question to which a nuclear security inspector may require an answer by virtue of paragraph 15 of that Schedule;

• (g) the offence under paragraph 18(1) of that Schedule to the extent that it relates to a person intentionally obstructing a nuclear security inspector in the exercise or performance of the inspector's functions;

• (h) the offence under paragraph 19(1) of that Schedule to the extent that it relates to a person falsely pretending to be a nuclear security inspector;

• (i) the offence under paragraph 3 of Schedule 9 to the 2013 Act to the extent that it relates to a person disclosing protected information which is information—

• (i) obtained by the ONR under a notice mentioned in paragraph (a) above;

• (ii) disclosed to the ONR, or a nuclear security inspector, under section 98 of the 2013 Act for the purpose of facilitating the carrying out of their functions under the 2003 Regulations;

• (iii) obtained by a nuclear security inspector as a result of the exercise of any relevant power (within the meaning given in paragraph 2(5) of Schedule 8 to the 2013 Act); or

• (iv) provided to a person pursuant to a requirement imposed by the 2003 Regulations,

in contravention of paragraph 2 of Schedule 9 to the 2013 Act;

• (j) the offence under paragraph 4 of Schedule 9 to the 2013 Act to the extent that it relates to a person using protected information of the type mentioned in paragraph (i)(i) to (iv) above in contravention of a restriction under paragraph 10(3), 11(2), 12(2), 13(2), 14(2) or 15(2) of that Schedule;

• (k) the offence under sub-paragraph (6) of paragraph 13 of Schedule 10 to that Act to the extent that it relates to a failure by a person to comply with an order made under that paragraph where the person is convicted of—

• (i) an offence under the 2003 Regulations; or

• (ii) an offence mentioned within any of paragraphs (a) to (j) above.

Transport in a ship which is not a United Kingdom ship

5

• (1) This paragraph makes transitional modifications to the 2013 Act as it applies by virtue of paragraph 1 of this Schedule in relation to the provisions of the 2003 Regulations as they apply in relation to transport in a ship which is not a United Kingdom ship.

• (2) Any obligation arising under the provisions of the 2013 Act specified in sub-paragraph (3) is to be read, in relation to transport in a ship which is not a United Kingdom ship, as an obligation that must be met in respect of the ship in question as a condition of its entry to the relevant UK port.

• (3) The provisions specified for the purposes sub-paragraph (2) are—

• (a) section 97;

• (b) Schedule 8, so far as it relates to a requirement imposed by an inspector under Part 3 of the Schedule.

• (4) The provisions of the 2013 Act specified in sub-paragraph (5) apply as if the following paragraph were inserted at the beginning of each of them—

Where this provision has effect in relation to the Nuclear Industries Security Regulations 2003 as they apply to transport in a ship by virtue of regulation 27A of those Regulations (transport in a ship which is not a United Kingdom ship) and the ship in question enters or has entered a port in the United Kingdom or an attempt is or has been made for it to do so,

• (5) The provisions specified for the purposes of sub-paragraph (4) are—

• (a) section 97(5);

• (b) section 105(1), (3) and (5);

• (c) paragraphs 17(1) and (2), 18(1) and 19(1) of Schedule 8;

• (d) paragraphs 3 and 4 of Schedule 9;

• (e) paragraph 13(6) of Schedule 10.

• (6) Paragraphs 3 to 5 and 12 of Schedule 10 to the 2013 Act do not apply to—

• (a) any offence under regulation 29 of the 2003 Regulations (as inserted by Schedule 3 to this Order) committed on or after 1st April 2014; or

• (b) any port of entry offence.

• (7) In this paragraph—

• (a) “port of entry offence” means an offence—

• (i) under the provisions of the 2013 Act as modified by sub-paragraph (4) of this paragraph; and

• (ii) committed on or after 1st April 2014;

• (b) “relevant UK port” means, in relation to a ship which is not a United Kingdom ship, the port in the United Kingdom—

• (i) to which it is proceeding in order to enter it;

• (ii) which it is entering; or

• (iii) which it has entered.

Transport in a hovercraft which is not a United Kingdom hovercraft

6

• (1) Subject to sub-paragraph (2), paragraph 5 of this Schedule applies as if any reference to a ship (other than in the expression “United Kingdom ship”) included a reference to a hovercraft.

• (2) Paragraph 5 applies as if—

• (a) any reference in that paragraph to a United Kingdom ship included a reference to a United Kingdom hovercraft;

• (b) the reference to regulation 27A of the 2003 Regulations included a reference to regulation 28 of those Regulations.

PART 3 — Regulations to be treated as regulations under section 85 of the 2013 Act

Health and Safety Inquiries (Procedure) Regulations 1975

7

• (1) The Health and Safety Inquiries (Procedure) Regulations 1975 are, for the purposes of holding an ONR inquiry , to be treated as regulations under section 85 of the 2013 Act.

• (2) This paragraph does not affect the application of the 1975 Regulations to an inquiry held under section 14(2A) of the 1974 Act (power of the Executive to direct investigations and inquiries).

PART 4 — Regulations to be treated as regulations under section 101 of the 2013 Act

Regulations to be treated as regulations under section 101 of the 2013 Act

8

• (1) The regulations specified in sub-paragraph (2) are to be treated as regulations under section 101 of the 2013 Act (fees).

• (2) The regulations are—

• (a) the Nuclear Industries Security (Fees) Regulations 2005 ;

• (b) insofar as they relate to the functions of the ONR as GB competent authority—

• (i) regulation 27 and, to the extent it relates to the charging of fees, regulation 29(6) of the 2009 Regulations ; and

• (ii) paragraph 1 and, to the extent it relates to the payment of fees, paragraph 4 of Schedule 3 to those Regulations;

• (c) insofar as they relate to a function carried out by a relevant appointee—

• (i) to the extent it relates to the charging of fees by that appointee, regulation 29(6) of the 2009 Regulations; and

• (ii) paragraph 3 of Schedule 3 to those Regulations;

• (d) in the Health and Safety (Fees) Regulations 2012 —

• (i) regulation 12 in so far as it relates to the provisions of those Regulations mentioned in paragraph (ii) below;

• (ii) regulation 16(1) and (2);

• (iii) regulation 16(3) insofar as it relates to the enforcement of any provision which—

• (aa) was a relevant statutory provision (within the meaning of Part 1 of the 1974 Act) immediately before 1st April 2014 ; but

• (bb) becomes a relevant statutory provision (within the meaning of Part 3 of the 2013 Act), on or after that date, in consequence of any provision made by or under the 2013 Act ;

• (iv) regulation 17 insofar as it relates to the provisions mentioned in paragraphs (ii) and (iii).

SCHEDULE 2 — Consequential amendments to primary legislation

Fireworks Act 1951 (c.58)

1

In section 1 of the Fireworks Act 1951 (destruction of dangerous fireworks) , after subsection (5) insert—

(6) The reference to an inspector appointed by the Health and Safety Executive under section 19 of the Health and Safety at Work etc. Act 1974 (“the 1974 Act”) is to be read, in relation to a relevant nuclear site, as a reference to an inspector appointed by the Office for Nuclear Regulation under that section. (7) For this purpose a relevant nuclear site is one in relation to which the Office for Nuclear Regulation has responsibility for the enforcement of any of the relevant statutory provisions (within the meaning of Part 1 of the 1974 Act) by virtue of section 18(1A) or (2) of the 1974 Act.

Public Records Act 1958 (c.51)

2

In Schedule 1 to the Public Records Act 1958 (definition of public records) in Part 2 of the Table at the end of paragraph 3, after the entry for the Office for Legal Complaints, insert—

Office for Nuclear Regulation

Building Act 1984 (c.55)

3

• (1) Section 81 of the Building Act 1984 (local authority's power to serve notice about demolition) is amended as follows.

• (2) In subsection (2)—

• (a) after “Health and Safety at Work etc. Act 1974” insert “ or the relevant provisions ”;

• (b) after “Act of 1974” insert “ or the relevant provisions ”.

• (3) After subsection (2) insert—

(2A) For the purposes of subsection (2), “relevant provisions” means the relevant statutory provisions (within the meaning of Part 3 of the Energy Act 2013) other than— (a) the provisions of the Nuclear Safeguards Act 2000; and (b) any provision of nuclear regulations identified in accordance with section 74(9) of the 2013 Act as being made for the nuclear safeguards purposes.

Environment and Safety Information Act 1988 (c.30)

4

In the Schedule to the Environment and Safety Information Act 1988 (authorities and statutory provisions) , at the appropriate place, insert—

2013 c. 32	Energy Act 2013	The Office for Nuclear Regulation	Schedule 8, paragraphs 3 and 4

Planning (Hazardous Substances) Act 1990 (c.10)

5

The Planning (Hazardous Substances) Act 1990 is amended as follows.

6

In section 7(3) (applications for hazardous substances consent) for “means consultations with the Health and Safety Executive and with” substitute “ means consultations with the safety regulator and with ”.

7

In section 9(2)(e) (determination of applications for hazardous substances consent) for “Health and Safety Executive have” substitute “ safety regulator has ”.

8

In section 10(2) (power to impose conditions on grant of hazardous substances consent) for “Health and Safety Executive have” substitute “ safety regulator has ”.

9

In section 18(2)(b) (determination of applications for continuation of hazardous substances consent) for “Health and Safety Executive have” substitute “ safety regulator has ”.

10

• (1) Section 29 (health and safety requirements) is amended as follows.

• (2) In subsection (1)—

• (a) for “relevant statutory provisions” substitute “ relevant provisions ”;

• (b) omit “served under or by virtue of any of those provisions”.

• (3) In subsection (3) for “Health and Safety Executive” substitute “ safety regulator ”.

• (4) In subsection (4) for “Health and Safety Executive advise” substitute “ safety regulator advises ”.

• (5) In subsection (5) for “they advise” substitute “ the safety regulator advises ”.

• (6) For subsection (6) substitute—

(6) In this section— - “improvement notice” means a notice served under section 21 of the Health and Safety at Work etc. Act (“the 1974 Act”) or given under paragraph 3 of Schedule 8 to the Energy Act 2013 (“the 2013 Act”); - “prohibition notice” means a notice served under section 22 of the 1974 Act or given under paragraph 4 of Schedule 8 to the 2013 Act; - “relevant provisions” means— 1. the relevant statutory provisions within the meaning of Part 1 of the 1974 Act; and 2. the relevant statutory provisions within the meaning of the 2013 Act other than— 1. the provisions of the Nuclear Safeguards Act 2000; and 2. any provision of nuclear regulations identified in accordance with section 74(9) of the 2013 Act as being made for the nuclear safeguards purposes.

• (7) In section 39(1) (interpretation) after the definition of “the principal Act” insert—

“the safety regulator” means— 1. in relation to land which is, or is on, a nuclear site (within the meaning of Part 3 of the Energy Act 2013), the Office for Nuclear Regulation; 2. otherwise, the Health and Safety Executive.

Environmental Protection Act 1990 (c.43)

11

The Environmental Protection Act 1990 is amended as follows.

12

• (1) Section 36 (grant of licences) is amended as follows.

• (2) In subsection (4)—

• (a) in paragraph (a) for “Health and Safety Executive” substitute “ safety regulator ”,

• (b) in paragraph (b) for “Executive” substitute “ safety regulator ”.

• (3) In subsection (10)—

• (a) for “Health and Safety Executive” substitute “ safety regulator ”,

• (b) for “Executive” substitute “ safety regulator ”.

• (4) In subsection (11) after the definition of “the relevant land” insert—

“the safety regulator” means— 1. where the relevant land is, or is on, a nuclear site (within the meaning of Part 3 of the Energy Act 2013), the Office for Nuclear Regulation; 2. otherwise, the Health and Safety Executive.

13

Paragraph 2(2) of Schedule 13 is repealed.

Atomic Weapons Establishment Act 1991 (c.46)

14

After paragraph 10C of the Schedule to the Atomic Weapons Establishment Act 1991 (application of certain enactments) insert—

(10D) (1) The power of the Secretary of State under section 111(6) of the Energy Act 2013 (Crown exemptions) shall include power to provide for exemptions, in relation to designated premises or activities carried on by a contractor at such premises, from all or any of the relevant provisions. (2) In this paragraph “relevant provisions” means the relevant statutory provisions within the meaning of Part 3 of the Energy Act 2013 other than— (a) a provision of the Nuclear Safeguards Act 2000; and (b) any provision of nuclear regulations identified in accordance with section 74(9) of the Energy Act 2013 as being made for the nuclear safeguards purposes.

Planning (Hazardous Substances) (Scotland) Act 1997 (c.10)

15

The Planning (Hazardous Substances) (Scotland) Act 1997 is amended as follows.

16

In section 5(3) (applications for hazardous substances consent) for “Health and Safety Executive” substitute “ safety regulator ”.

17

In section 7(2)(e) (determination of applications for hazardous substances consent) for “Health and Safety Executive have” substitute “ safety regulator has ”

18

In section 8(2) (power to impose conditions on grant of hazardous substances consent) for “Health and Safety Executive have” substitute “ safety regulator has ”.

19

In section 16(2)(b) (determination of applications for continuation of hazardous substances consent) for “Health and Safety Executive have” substitute “ safety regulator has ”.

20

• (1) Section 28 (health and safety requirements) is amended as follows.

• (2) In subsection (1)—

• (a) for “relevant statutory provisions” substitute “ relevant provisions ”,

• (b) omit “served under or by virtue of any of those provisions”.

• (3) In subsection (3) for “Health and Safety Executive” substitute “ safety regulator ”.

• (4) In subsection (4) for “Health and Safety Executive advise” substitute “ safety regulator advises ”.

• (5) In subsection (5) for “they advise” substitute “ the safety regulator advises ”.

• (6) For subsection (6) substitute—

(6) In this section— - “improvement notice” means a notice served under section 21 of the Health and Safety at Work etc. Act 1974 (“the 1974 Act”) or given under paragraph 3 of Schedule 8 to the Energy Act 2013 (“the 2013 Act”); - “prohibition notice” means a notice served under section 22 of the 1974 Act or given under paragraph 4 of Schedule 8 to the 2013 Act; - “the relevant provisions” means— 1. the relevant statutory provisions within the meaning of Part 1 of the 1974 Act; and 2. the relevant statutory provisions within the meaning of Part of the 2013 Act other than— 1. the provisions of the Nuclear Safeguards Act 2000; and 2. any provision of nuclear regulations identified in accordance with section 74(9) of the 2013 Act as being made for the nuclear safeguards purposes;

• (7) In section 38(1) (interpretation) after the definition of “the principal Act” insert—

“the safety regulator” means— 1. in relation to land which is, or is on, a nuclear site (within the meaning of Part 3 of the Energy Act 2013), the Office for Nuclear Regulation; 2. otherwise, the Health and Safety Executive.

Utilities Act 2000 (c.27)

21

After section 105(4)(b) of the Utilities Act 2000 (general restrictions on disclosure of information) insert—

(ba) for the purpose of facilitating the performance by the Office for Nuclear Regulation of any of its functions;

Enterprise Act 2002 (c.40)

22

In Schedule 15 to the Enterprise Act 2002 (enactments conferring functions) , at the appropriate place, insert—

the relevant statutory provisions within the meaning of Part 3 of the Energy Act 2013 (c.32).

Domestic Violence, Crime and Victims Act 2004 (c.28)

23

In Schedule 9 to the Domestic Violence, Crime and Victims Act 2004 (authorities within the Commissioner's remit) after paragraph 20 insert—

(20A) The Office for Nuclear Regulation.

Local Government and Public Involvement in Health Act 2007 (c.28)

24

In section 104(4) of the Local Government and Public Involvement in Health Act 2007 (application of Chapter: partner authorities) , after paragraph (d) insert—

(da) the Office for Nuclear Regulation;

Local Democracy, Economic Development and Construction Act 2009 (c.20)

25

In section 23(2) of the Local Democracy, Economic Development and Construction Act 2009 (duty of public authorities to secure involvement) , after paragraph (d) insert—

(da) the Office for Nuclear Regulation;

Civil Aviation Act 2012 (c.19)

26

In Schedule 6 to the Civil Aviation Act 2012 (restrictions on disclosing information) , after paragraph 5(h) insert—

(ha) for the purpose of facilitating the carrying out by the Office for Nuclear Regulation of its functions under an enactment,

SCHEDULE 3 — Consequential amendments to instruments

PART 1 — Nuclear security and nuclear safeguards

Nuclear Industries Security Regulations 2003

1

The 2003 Regulations are amended as follows.

2

• (1) Subject to paragraph (2)—

• (a) for “Secretary of State” substitute “ ONR ” in each place occurring;

• (b) for “she” or “her” substitute “ the ONR ” or “the ONR's” (as the case may be) in each place occurring.

• (2) Paragraph (1) does not apply to—

• (a) regulation 4(4)(a);

• (b) the opening words in regulation 11(1);

• (c) the opening words in regulation 21(1);

• (d) regulation 22(5)(a)(iii);

• (e) regulations 23, 24 and 26.

3

• (1) Regulation 2 (interpretation: general) is amended as follows.

• (2) In paragraph (1)—

• (a) omit the definitions of—

• (i) “the 1974 Act”;

• (ii) “the 1978 Order”;

• (iii) “nuclear construction site”;

• (iv) “nuclear site”;

• (v) “other nuclear premises”;

• (vi) “sensitive nuclear information”;

• (vii) “United Kingdom ship”;

• (b) after the definition of “the 2001 Act” insert—

• “the 2013 Act” means the Energy Act 2013;
• “2001 Act direction” means a direction given by the Secretary of State on or after 1st April 2014 under regulations made under section 77(1) of the 2001 Act;

• (c) for the definition of “nuclear material” substitute—

“nuclear material” has the meaning given in section 70 of the 2013 Act (as extended under subsection (3) of that section);

• (d) in the definition of “nuclear premises”—

• (i) in paragraph (a)—

• (aa) for “nuclear site” substitute “ civil nuclear site ”;

• (bb) omit “(within the meaning given in Chapter 1 of Part 1 of the Energy Act 2004)”;

• (ii) in paragraph (aa) for “nuclear construction site” substitute “ civil nuclear construction site ”;

• (iii) in paragraph (b) for “nuclear site”, in the first place it occurs, substitute “ civil nuclear site ”;

• (iv) in paragraph (c) for “nuclear premises” substitute “ civil nuclear premises ”;

• (e) after the definition of “nuclear site licence” insert—

“the ONR” means the Office for Nuclear Regulation;

• (f) for the definition of “United Kingdom person” substitute—

“United Kingdom person” has the meaning given in section 74(6) of the 2013 Act;

• (3) In paragraph (2)—

• (a) in sub-paragraph (a) for “nuclear site” substitute “ civil nuclear site ”;

• (b) in sub-paragraph (aa) for “nuclear construction site” substitute “ civil nuclear construction site ”.

• (4) In paragraph (4) omit “In these Regulations and”.

4

In regulation 4 (requirement for approved security plan for nuclear premises)—

• (a) in paragraph (2)(f) for “nuclear construction site” substitute “ civil nuclear construction site ”;

• (b) in paragraph (3A)—

• (i) in sub-paragraph (a) for “nuclear site”, in both places in which it occurs, substitute “ civil nuclear site ”; and

• (ii) in sub-paragraph (b) for “nuclear construction site” substitute “ civil nuclear construction site ” in each place occurring;

• (c) omit paragraph (4).

5

In regulation 8 (temporary security plans during building works etc.)—

• (a) in paragraph (1) for “nuclear construction site” substitute “ civil nuclear construction site ”;

• (b) omit paragraph (9).

6

• (1) Regulation 11 (directions to responsible persons) is amended as follows.

• (2) In paragraph (1), in the opening words, for “Secretary of State for the purpose specified in section 77(1) of the 2001 Act” substitute “ ONR for the nuclear security purposes (within the meaning of section 70 of the Energy Act 2013) ”.

• (3) After paragraph (2) insert—

(3) Any direction given by the ONR to a person on or after 1st April 2014 under paragraph (1)— (a) is subject to any 2001 Act direction given to the person whenever given; and (b) must state that it is subject to any such 2001 Act direction.

7

Omit regulation 12.

8

• (1) Regulation 21 (directions to carriers) is amended as follows.

• (2) In paragraph (1), in the opening words, for “Secretary of State for the purpose specified in section 77(1) of the 2001 Act” substitute “ ONR for the nuclear security purposes (within the meaning of section 70 of the Energy Act 2013 ”.

• (3) After paragraph (2) insert—

(3) Any direction given by the ONR to a carrier on or after 1st April 2014 under paragraph (1)— (a) is subject to any 2001 Act direction given to the carrier whenever given; and (b) must state that it is subject to any such 2001 Act direction.

9

After regulation 22(7) (regulation of sensitive nuclear information etc.) insert—

(7A) Any direction given by the ONR to a person on or after 1st April 2014 under paragraph (7)(b)— (a) is subject to any 2001 Act direction given to the person whenever given; and (b) must state that it is subject to any such 2001 Act direction.

10

Omit regulations 23 and 24.

11

• (1) Regulation 25 (offences) is amended as follows.

• (2) After paragraph (1) insert—

(1A) For the purposes of paragraph (1), a person is not to be regarded as failing to comply with any provision mentioned in that paragraph by reason of anything done, or omitted to be done, by that person in order to comply with a 2001 Act direction.

• (3) In paragraph (2) omit the words from “, under section 33” to “by virtue of regulation 24”.

12

After regulation 25 insert—

(25A) (1) Where a person to whom these Regulations apply— (a) is required to comply with a 2001 Act direction; and (b) is of the opinion that the person cannot comply both with that direction and any provision of these Regulations (a “relevant provision”), that person must notify the ONR. (2) A notification under paragraph (1) must— (a) be given as soon as reasonably practicable; (b) give details of the relevant 2001 Act direction; and (c) specify the relevant provision.

13

After regulation 26 insert— “ PART 5A Transport by ship or hovercraft ”.

14

For regulation 27 (transport by ship) substitute—

(27) These Regulations apply to transport in a United Kingdom ship whether or not that ship is in the territorial sea of the United Kingdom. (27A) (1) Subject to the provisions of this regulation, these Regulations do not apply to transport in a ship that is not a United Kingdom ship. (2) The relevant provisions apply to transport within the United Kingdom or its territorial sea in a ship that is not a United Kingdom ship if the ship— (a) is proceeding to a port in the United Kingdom in order to enter it, or entering, leaving or proceeding from such a port and is carrying nuclear material, or (b) is proceeding to such a port for nuclear material to be loaded on to it there. (3) Paragraph (2) applies to transport in a Government ship only at a time when the ship is being used for commercial purposes. (4) In their application to transport in a ship that is not a United Kingdom ship the provisions of Part 1 and regulations 18 to 21 of these Regulations apply with the following modifications— (a) subject to paragraph (5), any obligation imposed by those provisions is to be read as an obligation that must be met in respect of the ship in question as a condition of its entry to the port in question; (b) in regulations 18, 20 and 21 a reference to “an approved carrier”, or “the approved carrier” is to be read as a reference to “a carrier” or “the carrier” (as the case may be); (c) regulation 18 applies as if in paragraph (5)(j) of that regulation the words from “the standards” to “or” were omitted; (d) in regulation 19— (i) subject to paragraph (ii), any reference to a “Class A carrier” is to be read as a reference of to “a carrier”; (ii) the reference to “any other Class A carrier” in paragraph (5)(a) is to be read as a reference to “any other carrier”; (e) regulation 21(1) applies as if sub-paragraphs (c) and (d) were omitted. (5) Paragraph (4)(a) is without prejudice to the continuation of an obligation in so far as it is capable of remaining operative after a ship leaves the port in question. (6) For the purposes of this regulation— (a) “the relevant provisions” are the following provisions of these Regulations— (i) Part 1; (ii) regulations 18 to 21; (iii) this Part; (b) “Government ship” means a ship which— (i) is not a United Kingdom ship; and (ii) is owned by the Government of a country outside the United Kingdom or a department or agency of such a Government.

15

In regulation 28—

• (a) for paragraph (3) substitute—

(3) Regulation 27 applies as if the reference to a United Kingdom ship included a reference to a United Kingdom hovercraft.

• (b) after paragraph (3) insert—

(3A) Paragraphs (2) to (6) of regulation 27A apply as if the references in those paragraphs to a United Kingdom ship included a reference to a United Kingdom hovercraft.

16

After regulation 28 insert—

(29) (1) If— (a) any person fails to comply with an obligation that by virtue of— (i) paragraph 5(2) of Schedule 1 to the Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014, (ii) regulation 27A(2), or (iii) regulation 27A(2) as applied by regulation 28, is to be met in respect of a ship as a condition of its entry to a port in the United Kingdom, and (b) the ship enters or has entered the port or an attempt is or has been made for it to do so, that person is guilty of an offence. (2) For the purposes of paragraph (1), a person is not to be regarded as failing to comply with any obligation mentioned in that paragraph by reason of anything done, or omitted to be done, by that person in order to comply with a 2001 Act direction. (3) A person guilty of an offence under paragraph (1) is liable— (a) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both), and (b) on summary conviction, to imprisonment for a term not exceeding six months or in England and Wales a fine or, in Scotland and Northern Ireland, a fine not exceeding the statutory maximum (or both). (4) Proceedings for an offence to which paragraph (3) applies that is committed outside the United Kingdom may be taken, and the offence may for incidental purposes be treated as having been committed, in any place in the United Kingdom. (5) In paragraph (3)(b) as it has effect in England and Wales, the reference to a fine is to be read until the date on which section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (removal of limit on certain fines on conviction by magistrates' court) comes into force as a reference to a fine not exceeding the statutory maximum. (30) Notwithstanding the provisions of this Part, nothing in these Regulations applies to acts done outside the United Kingdom by a person other than a United Kingdom person.

Nuclear Safeguards (Notification) Regulations 2004

17

The Nuclear Safeguards (Notification) Regulations 2004 are amended as follows.

18

• (1) Subject to paragraph (2) for “Secretary of State” substitute “ ONR ” in each place occurring.

• (2) Paragraph (1) does not apply to regulation 3.

19

In regulation 2 (interpretation) at the appropriate place insert—

“the ONR” means the Office for Nuclear Regulation;

20

In regulation 5(2) and (3) (persons not required to notify the Secretary of State) omit “3 or” in both places it occurs.

21

In regulation 6 (form of notification to the Secretary of State)—

• (a) in paragraph (1) omit “3 or”;

• (b) in paragraph (3)—

• (i) for the words from “the UK Safeguards” to “SE1 9HS” substitute “ the Office for Nuclear Regulation at the address given on its website as its postal address ”;

• (ii) for “UKSO@hse.gsi.gov.uk” substitute “ the address given on the Office's website as its address for electronic communications ”.

Uranium Enrichment Technology (Prohibition on Disclosure) Regulations 2004

22

The Uranium Enrichment Technology (Prohibition on Disclosure) Regulations 2004 are amended as follows.

23

In regulation 1(2) (citation, commencement and interpretation)—

• (a) after the definition of “the Act” insert—

“appropriate authority”— 1. in relation to persons within England and Wales or Scotland, means the ONR; 2. in relation to— 1. persons within Northern Ireland; or 2. United Kingdom persons outside the United Kingdom,

• (b) after the definition of “information” insert—

“the ONR” means the Office for Nuclear Regulation;

24

• (1) Regulation 3 (exempt disclosures) is amended as follows.

• (2) In paragraph (1)—

• (a) for paragraph (ii)(aa) substitute—

(aa) the ONR; or

• (b) in sub-paragraph (g) for “Secretary of State” substitute “ appropriate authority ”.

25

In regulation 4 (authorisation of disclosures)—

• (a) for “Secretary of State” substitute “ appropriate authority ”. in each place occurring;

• (b) for “she” substitute “ the authority ”, in each place occurring; and

• (c) for “her”, in each place in which it occurs other than in paragraphs (4) and (7), substitute “ the authority ”.

• (2) In paragraphs (4) and (7) for “her” substitute “the authority's”.

26

In regulation 5 (withdrawal or variation of authorisations)—

• (a) for “Secretary of State” substitute “ appropriate authority ”, in each place occurring;

• (b) in paragraph (5) for “her” substitute “the authority's”.

27

In regulation 6(5)(b) (sending and giving of applications, information, representations and notices) after “body corporate” insert “ (including the ONR) ”.

PART 2 — Transport functions

Carriage of Dangerous Goods and Transportable Pressure Equipment Regulations 2009

28

• (1) The 2009 Regulations are amended as follows.

• (2) In the Table in paragraph (5) of regulation 2 (interpretation – general) after the row in which the expression “armed forces” is defined insert—

“civil carriage of class 7 goods”	The carriage of class 7 goods by road, rail or inland waterway otherwise than for the purposes of the department of Secretary of State having responsibility for Defence.

• (3) In the Table in regulation 12(1) for the row containing the entry for the Secretary of State for Energy and Climate Change substitute—

The Office for Nuclear Regulation	The carriage is national carriage and the authorisation relates to prohibitions and requirements arising out of functions for which the Office for Nuclear Regulation is the GB competent authority.

• (4) In regulation 25(3A) (competent authority) for “the Secretary of State for Energy and Climate Change” substitute “ the Office for Nuclear Regulation ”.

• (5) For regulation 32 (enforcement) substitute—

(32) (1) The enforcing authorities for these Regulations are— (a) the Secretary of State for Defence in relation to road, rail and inland waterways but only in connection with those functions for which the Secretary of State for Defence is the GB competent authority; (b) in so far as they apply to carriage of dangerous goods other than civil carriage of class 7 goods, the persons specified in paragraph (2). (2) The enforcing authorities are— (a) the Health and Safety Executive in relation to road and, subject to paragraph (3), rail, (b) the Secretary of State for Transport in relation to road and inland waterways, (c) the chief of police of each area in relation to road. (3) The Health and Safety Executive is not an enforcing authority in relation to rail to the extent that the Office of Rail Regulation is an enforcing authority pursuant to regulation 3(1) of the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006. (4) Despite paragraphs (1) to (3), the Secretary of State for Transport is the only enforcing authority in relation to the carriage of all classes of goods, except civil carriage of class 7 goods, to the extent that these Regulations require compliance with the security provisions.

• (6) After regulation 32 insert—

(32A) (1) It is an offence for a person to contravene— (a) any provision of these Regulations as they apply to the civil carriage of class 7 goods, or (b) any requirement or prohibition imposed under any provision of these Regulations as they apply to such carriage (including any requirement or prohibition to which that person is subject by virtue of the terms of or any condition or restriction attached to any approval, exemption or other authority issued, given or granted under them). (2) A person who commits an offence under this regulation is liable— (a) on summary conviction to— (i) imprisonment for a term not exceeding 12 months, or (ii) a fine, or (iii) both; (b) on conviction on indictment to— (i) imprisonment for a term not exceeding two years, or (ii) a fine, or (iii) both. (3) Paragraphs (4) and (5) make transitional modifications to paragraph (2) as it applies to England and Wales. (4) In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (general limit on magistrates' court powers to imprison), the reference in paragraph (2)(a)(i) to imprisonment for a term not exceeding 12 months is to be read as reference to imprisonment for a term not exceeding six months. (5) In relation to an offence committed before the commencement of section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (removal of limit on certain fines on conviction by magistrates' court) the reference to a fine in paragraph (2)(a)(ii) is to be read as a reference to a fine not exceeding £20,000.

PART 3 — Safety functions

Nuclear Installations (Dangerous Occurrences) Regulations 1965

29

For regulation 4 of the Nuclear Installations (Dangerous Occurrences) Regulations 1965 (manner in which and persons to whom occurrences are to be reported) substitute—

(4) (1) A report required to be made under section 22(2) of the Act to the appropriate national authority must be made in the manner prescribed in paragraph (2). (2) The report must— (a) be made by the quickest means available; and (b) be subsequently confirmed in writing. (3) Where a report is confirmed in writing, it must contain the information (or such part of that information as may be applicable to the occurrence concerned) specified in the Schedule. (4A) (1) A report must be made under section 22(2)(b) of the Act of an occurrence of a class or description specified in regulation 3(1)(a)(i) or (b)— (a) to the persons prescribed by paragraph (2); and (b) in the manner prescribed by paragraph (3). (2) The prescribed persons are— (a) the local authority in whose area the occurrence happened; and (b) the chief officer of police for the police area in which the occurrence happened. (3) The report must be made by the quickest means available. (4) In the application of this regulation to Scotland the reference to the local authority in whose area the occurrence happened is to be read as a reference to every local authority in whose area the occurrence happened.

Safety Representatives and Safety Committees Regulations 1977

30

The Safety Representatives and Safety Committees Regulations 1977 are amended as follows.

31

In regulation 2(1) (interpretation) after the definition of “recognised trade union” insert—

• “relevant nuclear provisions” means—
• sections 1, 3 to 6, 22 and 24A of the Nuclear Installations Act 1965;
• to the extent they are treated as nuclear regulations, the provisions of the Carriage of Dangerous Goods and Transportable Pressure Equipment Regulations 2009;
• the provisions of the Nuclear Industries Security Regulations 2003;
• the provisions of nuclear regulations other than any provision of such regulations identified in accordance with section 74(9) of the Energy Act 2013 as made for the nuclear safeguards purposes;
• “relevant nuclear site” means a site which is—
• a GB nuclear site (within the meaning given in section 68 of the Energy Act 2013);
• an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998); or
• a new nuclear build site (within the meaning given in regulation 2A of those Regulations);

32

• (1) Regulation 4 (functions of safety representatives) is amended as follows.

• (2) In paragraph (1)—

• (a) in sub-paragraph (f) after “Executive” insert “ , the Office for Nuclear Regulation ”;

• (b) for sub-paragraph (g) substitute—

(g) to receive information— (i) in relation to premises which are, or are on, a relevant nuclear site, from inspectors under paragraph 23 of Schedule 8 to the Energy Act 2013; (ii) otherwise, from inspectors in accordance with section 28(8) of the 1974 Act;

• (c) in the full-out words after “the 1974 Act” insert “ or sections 102 and 103 of the Energy Act 2013 ”.

33

• (1) In regulation 4A(1)—

• (a) in sub-paragraph (c) after “relevant statutory provisions” insert “ or the relevant nuclear provisions ”;

• (b) in sub-paragraph (d) after “relevant statutory provisions” insert “ or the relevant nuclear provisions ”.

34

• (1) Regulation 5 (inspections of the workplace) is amended as follows.

• (2) In paragraph (2) for “Health and Safety Executive” substitute “ relevant authority ”.

• (3) After paragraph (2) insert—

(2A) In paragraph (2), “relevant authority” means— (a) in relation to a workplace which is, or is on, a relevant nuclear site, the Office for Nuclear Regulation; (b) otherwise, the Health and Safety Executive.

35

In regulation 6(3) (inspections following notifiable accidents, occurrences and diseases) in the definition of “notifiable accident or dangerous occurrence” and “notifiable disease” after “the 1974 Act” insert “ or the relevant nuclear provisions ”.

36

In regulation 7(1) (inspection of documents and provision of information) after “the 1974 Act” insert “ or the relevant nuclear provisions ”.

Dangerous Substances in Harbour Areas Regulations 1987

37

The Dangerous Substances in Harbour Areas Regulations 1987 are amended as follows.

38

In regulation 2(1) (interpretation)—

• (a) after the definition of “ADR” insert—

“appropriate authority” means— 1. in relation to a harbour which is, or forms part of, an ONR regulated site, the Office for Nuclear Regulation, 2. otherwise, the Health and Safety Executive;

• (b) in the definition of “explosives licence” after “Executive” insert “ or the Office for Nuclear Regulation ”;

• (c) after the definition of “monobuoy area” insert—

“ONR regulated site” means a site which is— 1. a GB nuclear site (within the meaning given in section 68 of the Energy Act 2013); 2. an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998); or 3. a new nuclear build site (within the meaning given in regulation 2A of those Regulations).

39

• (1) Regulation 35 (applications for explosives licences) is amended as follows.

• (2) In paragraph (1)—

• (a) in the opening words for “Health and Safety Executive” substitute “ appropriate authority ”;

• (b) in the full-out words for “Executive” substitute “ appropriate authority ”.

40

• (1) Regulation 36 (consideration of licence applications) is amended as follows.

• (2) In paragraph (1) for “Health and Safety Executive” substitute “ appropriate authority ”.

• (3) In paragraph (2) for “Executive”, in both places in which it occurs, substitute “ appropriate authority ”.

41

After regulation 36 insert—

(36A) (1) Where this regulation applies any explosives licence issued by, or treated as issued by, the Office for Nuclear Regulation (“ONR”) is to be treated on and after the relevant date as an explosives licence issued by the Health and Safety Executive. (2) This regulation applies where— (a) the harbour in respect of which the licence was issued ceases to be a nuclear harbour; and (b) the licence mentioned in sub-paragraph (a) remained in force (with or without variations) immediately before the date on which the harbour ceased to be a nuclear harbour (3) In this regulation— (a) “nuclear harbour” means a harbour which is, or forms part of an ONR regulated site; (b) “relevant date” means, in relation to a harbour, the date on which it ceased to be a nuclear harbour. (36B) (1) Where this regulation applies any explosives licence issued by, or treated as issued by, the Health and Safety Executive (“HSEis to be treated on and after the relevant date as an explosives licence issued by the Office for Nuclear Regulation. (2) This regulation applies where— (a) the harbour in respect of which the licence was issued becomes a nuclear harbour; and (b) the licence mentioned in sub-paragraph (a) remained in force (with or without variations) immediately before the date on which the harbour became a nuclear harbour. (3) For the purposes of this regulation— (a) “nuclear harbour” has the meaning given by regulation 36A; (b) “relevant date” means, in relation to a harbour, the date on which the harbour became a nuclear harbour.

42

In regulation 41 (deteriorated explosives) for “Health and Safety Executive” substitute “ appropriate authority ”.

43

• (1) Regulation 44 (enforcement) is amended as follows.

• (2) In paragraph (1) for “paragraph (2)” substitute “ section 18(1A) of the Health and Safety at Work etc. Act 1974 and paragraphs (2) and (3) ”.

• (3) After paragraph (2) insert—

(3) The Office for Nuclear Regulation shall be responsible for enforcing these Regulations in any harbour which is, or forms part of, an authorised defence site or new nuclear build site. (4) In this regulation “authorised defence site” and “new nuclear build site” have the meanings given in the Health and Safety (Enforcing Authority) Regulations 1998.

44

• (1) In Schedule 7 (procedure for explosives licence applications)—

• (a) for “Health and Safety Executive” substitute “ appropriate authority ”, in each place occurring;

• (b) for “Executive” substitute “ appropriate authority ”, in each place occurring.

Dangerous Substances (Notification and Marking of Sites) Regulations 1990

45

For regulation 8 of the Dangerous Substances (Notification and Marking of Sites) Regulations 1990 (enforcing authority) substitute—

(8) (1) The enforcing authority for these Regulations is the appropriate fire body. (2) The appropriate fire body is not the enforcing authority— (a) for regulation 4(1) and 4(2); (b) for regulations 5 to 7 in relation to a site occupied by a body specified in regulation 4(3) of the 1998 Regulations. (3) The enforcing authority for regulation 4(1) and 4(2) is the ONR, the Executive, local authority or Office of Rail Regulation determined in accordance with the Health and Safety (Enforcing Authority) Regulations 1998 (“the 1998 Regulations”) and the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006. (4) The enforcing authority for regulations 5 to 7 in relation to a site occupied by a body specified in regulation 4(3) of the 1998 Regulations is— (a) where that site is an authorised defence site or new nuclear build site, the Office for Nuclear Regulation, (b) otherwise, the Executive. (5) This regulation applies subject to section 18(1A) of the Health and Safety at Work etc. Act 1974. (6) In this regulation— (a) “appropriate fire body” means— (i) in England and Wales, the fire authority; (ii) in Scotland, the Scottish Fire and Rescue Authority. (b) “authorised defence site” and “new nuclear build site” have the meanings given in the 1998 Regulations.

Control of Explosives Regulations 1991

46

The Control of Explosives Regulations 1991 are amended as follows.

47

In regulation 2(1) (interpretation) after the definition of “occupier” insert—

“the ONR” means the Office for Nuclear Regulation;

48

After regulation 3(4)(d) (application) insert—

(e) the ONR.

49

In regulation 11(1)(a) (licensed occupier to appoint person responsible for the security of explosives) after “Executive” insert “ or the ONR ”.

50

After regulation 13(8) (reporting loss) insert—

(9) Where any loss of explosive occurs at a site in relation to which the ONR is the licensing authority by virtue of paragraph 4 of Schedule 1 to the 2005 Regulations, then any requirement in this regulation to report or supply information to a chief officer of police shall also include a like requirement to report or supply the same information to the ONR.

51

For regulation 15 (enforcement) substitute—

(15) (1) This regulation applies subject to section 18(1A) of the Health and Safety at Work etc. Act 1974. (2) Subject to the following paragraphs of this regulation, the enforcing authority for these Regulations in any area of Great Britain is the chief officer of police for that area. (3) Subject to paragraph (3), the Executive is the enforcing authority— (a) in relation to regulation 11; (b) in relation to regulation 12— (i) in respect of any place within a site in relation to which the Executive is the licensing authority by virtue of paragraph 1(c) of Schedule 1 to the 2005 Regulations; (ii) in respect of any place in premises occupied on behalf of the Crown for naval, military or air force purposes or for the purposes of the department of the Secretary of State having responsibility for defence; and (iii) under regulation 12(1) in respect of any place below ground in any mine; (c) for these Regulations for any area outside Great Britain. (4) The ONR is the enforcing authority in relation to regulations 11 and 12 in respect of any place— (a) within a site in relation to which the ONR is the licensing authority by virtue of paragraph 4 of Schedule 1 to the 2005 Regulations; (b) within— (i) an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998); or (ii) a new nuclear build site (within the meaning given in regulation 2A of those Regulations). (5) The enforcing authority for these Regulations against a police force or any member of a police force is— (a) in so far as these Regulations apply in relation to activities carried out on, or in relation to, an authorised defence site or new nuclear build site, the ONR; (b) otherwise, the Executive.

Simple Pressure Vessels (Safety) Regulations 1991

52

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Placing on the Market and Supervision of Transfers of Explosives Regulations 1993

53

The Placing on the Market and Supervision of Transfers of Explosives Regulations 1993 are amended as follows.

54

In regulation 3 (application)—

• (a) at the end of paragraph (3)(b) omit “or”;

• (b) at the end of paragraph (c) insert—

; or (d) the Office for Nuclear Regulation.

55

• (1) Regulation 9 (enforcement) is amended as follows.

• (2) For paragraph (1) substitute—

(1) Notwithstanding the provisions of the Health and Safety (Enforcing Authority) Regulations 1998 and subject to section 18(1A) of the 1974 Act, the enforcing authority for these Regulations is— (a) in so far as these Regulations apply on, or in relation to, any activity carried out wholly or mainly on nuclear premises, the Office for Nuclear Regulation; (b) otherwise, the Executive.

• (3) After paragraph (4) insert—

(5) For the purposes of this regulation “nuclear premises” means premises which are, or are on— (a) a GB nuclear site (within the meaning given in section 68 of the Energy Act 2013); (b) an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 2008); or (c) a new nuclear build site (within the meaning given in regulation 2A of those Regulations).

Electrical Equipment (Safety) Regulations 1994

56

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

57

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

58

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 1996

59

The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 1996 are amended as follows.

60

In regulation 2(2) (interpretation)—

• (a) omit the definition of “enforcement authority”;

• (b) after the definition of “equipment group II” insert—

“the Executive” means the Health and Safety Executive established under section 10 of the Health and Safety at Work etc. Act 1974;

61

In regulation 14(2)(a) (conditions for equipment etc. being taken to comply with the provisions of the ATEX Directive) for “enforcement authority”, in both places it appears, substitute “ Executive ”.

62

After regulation 15(5) (enforcement) insert—

(6) For the purposes of this regulation “enforcement authority” means— (a) in any case where it is responsible for the enforcement of these Regulations in accordance with Schedule 14, the Office for Nuclear Regulation; (b) otherwise, the Executive.

63

• (1) Schedule 14 (enforcement) is amended as follows.

• (2) For paragraph 1(a) substitute—

(a) subject to sub-paragraph (aa), it shall be the duty of the Executive to make adequate arrangements for the enforcement of these Regulations;

• (3) After paragraph 1(a) insert—

(aa) it shall be the duty of the Office for Nuclear Regulation to make adequate arrangements for the enforcement of these Regulations as they apply to— (i) any person who places on the market or supplies a relevant product intended exclusively or primarily for use on a GB nuclear site; (ii) any person who puts a relevant product into service on a relevant nuclear site; (ab) accordingly a reference to the provisions applied for the purposes of such enforcement by sub-paragraph (b) below to an “enforcing authority” shall be construed as a reference to the Executive or the Office for Nuclear Regulation (as the case may be).

• (4) In paragraph 2—

• (a) for “An enforcement authority” substitute “ The Executive ”;

• (b) After paragraph 2(1) insert—

(1A) The Office for Nuclear Regulation may apply under this paragraph for an order for the forfeiture of any relevant product on the grounds that there has been a contravention in relation thereto of— (a) regulation 6 in so far as it applies to— (i) the placing on the market of any relevant product which is intended exclusively or primarily for use on a GB nuclear site; (ii) putting a relevant product into service on a relevant nuclear site; (b) regulation 7 in so far as it applies to the supply of any relevant product intended exclusively or primarily for use on a GB nuclear site; (c) regulation 8 in so far as it applies to the placing on the market of any component intended exclusively or primarily for use on a GB nuclear site;

• (5) In paragraph 4 for “enforcement authority” substitute “ Executive or the Office for Nuclear Regulation ”.

• (6) In paragraph 6 for “enforcement authority” substitute “ Executive or the Office for Nuclear Regulation ”.

• (7) In paragraph 7—

• (a) after the definition of “the 1974 Act” insert—

• “GB nuclear site” has the meaning given in section 68 of the Energy Act 2013;
• “relevant nuclear site” means a site which is—
• a GB nuclear site;
• an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998);
• a new nuclear build site (within the meaning given in regulation 2A of those Regulations).

Health and Safety (Safety Signs and Signals) Regulations 1996

64

For regulation 7 (enforcement) of the Health and Safety (Safety Signs and Signals) Regulations 1996 substitute—

(7) (1) Subject to section 18(1A) of the 1974 Act and despite the provision made by the Health and Safety (Enforcing Authority) Regulations 1998 (“the 1998 Regulations”), the enforcing authority in relation to fire safety signs provided in pursuance of regulation 4(4) as applied by regulation 4(3) (signs provided to comply with the provisions of any enactment) is— (a) in the case of premises and activities to which these Regulations apply by virtue of paragraph (2)(b) of regulation 3, the Health and Safety Executive; (b) in the case of premises which are, or are on, or activities carried out on, an authorised defence site or new nuclear build site, the Office for Nuclear Regulation; (c) in any other case, the authority or class of authorities responsible for enforcing the relevant provision of the enactment which applies to the case. (2) In this regulation, “authorised defence site” and “new nuclear build site” have the meanings given in the 1998 Regulations.

Marking of Plastic Explosives for Detection Regulations 1996

65

For regulation 6 of the Marking of Plastic Explosives for Detection Regulations 1996 (enforcement) substitute—

(6) (1) Notwithstanding the provisions of the Health and Safety (Enforcing Authority) Regulations 1998 (“the 1998 Regulations”) and subject to section 18(1A) of the Health and Safety at Work etc. Act 1974 and paragraph (2), the Executive shall be the enforcing authority for these Regulations— (a) in Great Britain; and (b) in those areas outside Great Britain where these Regulations apply by virtue of regulation 7. (2) The Office for Nuclear Regulation shall be the enforcing authority for regulations 3 and 4 of these Regulations as they apply on or in relation to authorised defence sites and new nuclear build sites. (3) In this regulation, “authorised defence site” and “new nuclear build site” have the meanings given in the 1998 Regulations.

Lifts Regulations 1997

66

The Lifts Regulations 1997 are amended as follows.

67

In regulation 2(2) (interpretation)—

• (a) for paragraph (a)(i) of the definition of “enforcement authority” substitute—

(i) in Great Britain— (aa) in so far as these Regulations apply on, or in relation to, any premises which are, or are on, or any activity carried out on, a relevant nuclear site, the Office for Nuclear Regulation; (bb) otherwise, the Health and Safety Executive established under section 10 of the Health and Safety at Work etc. Act 1974;

• (b) after the definition of “relevant essential health and safety requirements” insert—

“relevant nuclear site” means a site which is— 1. a GB nuclear site (within the meaning given in section 68 of the Energy Act 2013); 2. an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998); or 3. a new nuclear build site (within the meaning given in regulation 2A of those Regulations).

68

• (1) Schedule 15 (enforcement) is amended as follows.

• (2) In paragraph 1(a) (enforcement in Great Britain) for “Executive”, in each place it occurs, substitute “ appropriate authority ”.

• (3) In paragraph 8 (interpretation) after the definition of “the 1987 Act” insert—

“appropriate authority” means— 1. in so far as these Regulations apply on, or in relation to, any premises which are, or are on, or any activity carried out on, a relevant nuclear site, the Office for Nuclear Regulation; 2. otherwise, the Executive.

Diving at Work Regulations 1997

69

• (1) The Diving at Work Regulations 1997 are amended as follows.

• (2) In regulation 2(1) (interpretation)—

• (a) after the definition of “the 1995 Order” insert—

“appropriate authority” means— 1. in any case where the diving project is a nuclear diving project, the Office for Nuclear Regulation; 2. otherwise, the Executive.

• (b) after the definition of “Executive” insert—

“nuclear diving project” means a diving project made up wholly or mainly of diving operations carried out on or in relation to a site which is— 1. a GB nuclear site (within the meaning given in section 68 of the Energy Act 2013); 2. an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998); 3. a new nuclear build site (within the meaning given in regulation 2A of those Regulations).

• (3) In regulation 7 (information to be supplied by diving contractor) for “Executive” substitute “ appropriate authority ” in each place it occurs.

• (4) In Schedule 1 (particulars to be included in written notice by the diving contractor) for “Executive” substitute “ appropriate authority ” in each place it occurs.

Health and Safety (Enforcing Authority) Regulations 1998

70

The Health and Safety (Enforcing Authority) Regulations 1998 are amended as follows.

71

After regulation 1 insert—

(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).

72

In regulation 2(1) (interpretation)—

• (a) after the definition of “agricultural activities” insert—

“authorised defence site” means a site in England and Wales or Scotland— 1. that is used for any purpose which, if section 1 of the Nuclear Installations Act 1965 applied to the Crown, would require the authority of a nuclear site licence in respect of that site; and 2. for which there is in force an authorisation granted by or on behalf of the Secretary of State having responsibility for defence authorising it to be used for that purpose;

• (b) after the definition of “mine” insert—

• “the ONR” means the Office for Nuclear Regulation;
• “new nuclear build site” has the meaning given in regulation 2A;
• “nuclear warship site” has the meaning given in regulation 2B;

73

After regulation 2 insert—

(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 2007; (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. (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.

74

In regulation 3(7) (local authorities to be enforcing authorities in certain cases) for “regulations, 4, 5 and 6” substitute “ regulations 4 to 6A ”.

75

• (1) Regulation 4 (exceptions) is amended as follows.

• (2) In paragraph (6) for “regulations 5 and 6” substitute “ regulations 4A to 6A ”.

• (3) In paragraph (7)—

• (a) in sub-paragraph (b) after “paragraph 1” insert “ or 4 ”;

• (b) in sub-paragraph (c) after “paragraph 1” insert “ or 4 ”.

• (4) For paragraph (8) substitute—

(8) The enforcing authority in respect of manufacture and storage of ammonium nitrate blasting intermediate shall be— (a) in relation to manufacture or storage on an authorised defence site or new nuclear build site, the ONR; (b) otherwise, the Executive.

• (5) In paragraph (10)—

• (a) after sub-paragraph (a) insert—

(aa) where the disposal or decontamination is carried out by, or on behalf of, a person who holds a licence granted by, or treated as granted by, the ONR under those Regulations in a case in which the assent of the local authority was required under regulation 13(3) of those Regulations before the licence was granted, the ONR;

• (b) in sub-paragraph (b) for “sub-paragraph (a)” substitute “ sub-paragraphs (a) and (aa) ”.

76

After regulation 4 insert—

(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— (i) the Ionising Radiation Regulations 1999; and (ii) the Radiation Emergency Preparedness and Public Information Regulations 2001, 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 paragraph (2)(a) above “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.

77

Before regulation 5(1) (arrangements enabling responsibility for enforcement to be transferred) insert—

(A1) This regulation applies in relation to any relevant statutory provision to the extent that either the Executive or the local authority is the enforcing authority for the provision.

78

• (1) Regulation 6 (arrangements enabling responsibility for enforcement to be assigned in cases of uncertainty) is amended as follows.

• (2) For the heading substitute— “ Assignment of responsibility for enforcement in cases of uncertainty: the Executive and the local authority ”.

• (3) For paragraph (1) substitute—

(1A) This regulation applies where there is uncertainty as to what are the respective responsibilities of the Executive and the 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. (1B) The responsibility for enforcing the relevant statutory provision in question in the respect in question may be assigned by the Executive and the local authority (acting jointly) to the Executive or to the local authority. (1C) An assignment under paragraph (1B) may only be made where the Executive 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 section 18(2) of the 1974 Act; and (b) which of them is the more appropriate to be responsible for enforcement in that case. (1D) Where an assignment is made under paragraph (1B) the authority to which responsibility is assigned must give notice of the assignment to any person affected by it.

79

After regulation 6 insert—