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

Type Statutory-Instrument

Publication 2014-03-03

Last updated 2020-12-31

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(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. (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.

Working Time Regulations 1998

80

The Working Time Regulations 1998 are amended as follows.

81

(1) Regulation 28 (enforcement) is amended as follows.

(2) In paragraph (1)—

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

“2013 Act” means the Energy Act 2013;

(b) in the definition of “enforcement authority” after “VOSA” insert “ , the ONR ”;

“ONR” means the Office for Nuclear Regulation;

(d) after the definition of “relevant civil aviation worker” insert—

“relevant nuclear provisions” means—

sections 1, 3 to 6, 22 and 24A of the Nuclear Installations Act 1965;

the provisions of the 2013 Act;

the provisions of nuclear regulations other than any provision of such regulations identified in accordance with section 74(9) of the 2013 Act as made for the nuclear safeguards purposes;

“relevant nuclear site” means a site which is—

a GB nuclear site (within the meaning given by section 68 of the 2013 Act);

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);

(3) After paragraph (2)(d) insert—

(e) the ONR is made responsible for their enforcement by paragraph (3AA).

(4) After paragraph (3A) insert—

(3AA) Where the relevant requirements apply in relation to workers employed in premises which are or are on a relevant nuclear site, it shall be the duty of the ONR to enforce those requirements.

82

(1) In paragraph 8 of Schedule 3 (restrictions on disclosure of information)—

(a) in sub-paragraph (3)—

(i) in paragraph (a) after “the Commission” insert “ , the ONR ”;

(ii) in paragraph (b) after “relevant statutory provisions” insert “ , relevant nuclear provisions ”;

(b) in sub-paragraph (4) after “the Commission” insert “ , the ONR ”;

(4A) In sub-paragraph (3) a reference to the ONR also includes a reference to— (a) a person performing functions of the ONR on its behalf by virtue of section 95 of the 2013 Act; (b) an officer of a body which is so performing any such functions; and (c) a person appointed to provide advice to the ONR.

(d) in sub-paragraph (5)—

(i) in paragraph (a)—

(aa) after “the Commission” insert “ , or the ONR ”;

(bb) after “these Regulations” insert “ , the relevant nuclear provisions ”;

(ii) in paragraph (b) after “relevant statutory provisions” insert “ , the relevant nuclear provisions ”;

(iii) in paragraph (c) after “relevant statutory provisions” insert “ , the relevant nuclear provisions ”.

Control of Major Accident Hazards Regulations 1999

83

The Control of Major Accident Hazards Regulations 1999 are amended as follows.

84

In regulation 2(1) (interpretation)—

(a) for the definition of “competent authority” substitute—

“competent authority” means 1. in relation to a nuclear establishment, the ONR and the appropriate agency acting jointly; 2. otherwise, the Executive and the appropriate agency acting jointly.

(b) after the definition of “notify” insert—

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

“the ONR” means the Office for Nuclear Regulation;

85

In Regulation 7(11) (safety report) after “the Executive” insert “ , the ONR ”.

86

(1) Regulation 15 (provision of information to the competent authority) is amended as follows.

(2) In paragraph (4) after “Executive” insert “ or the ONR ”.

(3) For paragraph (5) substitute—

(5) Anything required to be sent by an operator of an establishment to the competent authority pursuant to these Regulations shall be sent to the authority— (a) at an office of the ONR in the case of a nuclear establishment; (b) at an office of the Executive in the case of any other establishment.

87

After regulation 16(3) (provision of information to other establishments) insert—

(4) The Executive, ONR and appropriate agency acting jointly shall, using the information received from operators in notifications sent pursuant to regulation 6 and in safety reports in their role as competent authority, designate groups of nuclear and other establishments where the likelihood or consequences of a major accident may be increased because of the location and proximity of the nuclear and other establishments in the group and the dangerous substances present there. (5) The Executive, ONR and appropriate agency shall notify each operator of an establishment in a group designated pursuant to paragraph (4) of the names and addresses of the other establishments within the same group. (6) Paragraph (3) applies to any operator of an establishment in a group designated pursuant to paragraph (4) as it applies to an operator of an establishment in a group designated pursuant to paragraph (1).

88

In Regulation 19(4) (inspections and investigations) for “or the Executive” substitute “ , the Executive or the ONR ”.

89

(1) Regulation 20 (enforcement) is amended as follows.

(2) At the beginning of paragraph (6) insert “ Subject to section 18(1A) of the 1974 Act and paragraphs (6A) and (6B) but, ”.

(3) After paragraph (6) insert—

(6A) Paragraph (6) does not apply in relation to any establishment which is a nuclear establishment. (6B) The ONR shall, for the purposes of the 1974 Act, be the enforcing authority for the relevant statutory provisions at an establishment which is a nuclear establishment.

90

(1) Regulation 22 (fee payable by operator) is amended as follows.

(2) In paragraph (1) for “Executive” substitute “ appropriate authority ”.

(3) In paragraph (2)—

(a) in the opening words for “Executive” substitute “ appropriate authority ”;

(b) in paragraphs (a) and (b) for “the Executive”, in each place in which it occurs, substitute “ that authority ”.

(4) In paragraph (2A)—

(a) for “the Executive”, in the first place in which it occurs, substitute “ the appropriate authority ”;

(b) for “the Executive”, in each other place in which it occurs, substitute “ that authority ”.

(5) In paragraph (3)(a) and (b) for “Executive”, in both places in which it occurs, substitute “ appropriate authority ”.

(6) In paragraph (4) for “Executive” substitute “ appropriate authority ”.

(7) In paragraph (7) after “the Executive” insert “ or the ONR ”.

(8) After paragraph (8) insert—

(9) In this regulation “appropriate authority” means— (a) in relation to an establishment which is a nuclear establishment, the ONR; (b) otherwise, the Executive.

Pressure Equipment Regulations 1999

91

The Pressure Equipment Regulations 1999 are amended as follows.

92

In regulation 2(2) (interpretation)—

(a) before the definition of “assembly” insert—

“appropriate authority”— 1. insofar as these Regulations apply to— 1. the manufacture of pressure equipment or assemblies intended exclusively or primarily for use on a relevant nuclear site; or 2. the putting into service of pressure equipment or assemblies on premises which are, or are on, a relevant nuclear site, 2. otherwise, means the Health and Safety Executive established under section 10 of the Health and Safety at Work etc. Act 1974;

(b) for paragraph (i) of sub-paragraph (a) of the definition of “enforcement authority” substitute—

(i) in Great Britain, the appropriate authority and

“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).

93

In paragraph 1(a) of Schedule 8 (enforcement) for “Executive”, in both places in which it appears, substitute “ appropriate authority ”.

Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999

94

The Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999 are amended as follows.

95

Subject to paragraphs 96 and 97, for “Executive” substitute “ ONR ” in each place occurring.

96

In regulation 2(1) (definitions)—

(a) omit the definition of “the Executive”;

(b) after the definition of “local planning authority” insert—

“the ONR” means the Office for Nuclear Regulation;

97

In regulation 16(1) (enforcement) for “Health and Safety Executive” substitute “ ONR ”.

Ionising Radiations Regulations 1999

98

The Ionising Radiations Regulations 1999 are amended as follows.

99

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

“relevant authority” means—

in so far as these Regulations apply in relation to, or in relation to any activity carried out on, any nuclear premises, the Office for Nuclear Regulation;

otherwise, the Executive.

“nuclear premises” means premises which are or are on—

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);

a new nuclear build site (within the meaning given in regulation 2A of those Regulations); or

a nuclear warship site (within the meaning given in regulation 2B of those Regulations).

100

(1) In the provisions specified in paragraph (2) for “Executive” substitute “ relevant authority ” in each place occurring.

(2) The specified provisions are—

(a) regulation 21(3)(f);

(b) regulation 32(6);

(d) regulation 37(1) and (2);

(e) regulation 39(8);

(f) paragraphs (5) and (8) of regulation 40;

(g) regulation 41(4);

(h) the heading for Schedule 3;

(i) paragraphs 13(c), 14(b), 18, 19, 20 and 22 of Part 2 of Schedule 4;

(j) note 1 to Part 1 of Schedule 8.

101

(1) Regulation 5 (authorisation of specified practices) is amended as follows.

(2) In paragraphs (1), (2), (4), (5) and (7) for “Executive”, in each place it occurs, substitute “ appropriate authority ”.

(3) After paragraph (7) insert—

(8) In this regulation “appropriate authority” means— (a) in relation to practices carried out exclusively or primarily on nuclear premises, the ONR; (b) otherwise, the Executive.

102

(1) Regulation 6 (notification of specified practices) is amended as follows.

(2) For “Executive”, in each place it occurs, substitute “ appropriate authority ”.

(3) After paragraph (9) insert—

(10) In this regulation “appropriate authority” means— (a) in relation to practices carried out exclusively or primarily on premises which are or are on— (i) an authorised defence site; (ii) a new nuclear build site; (iii) a nuclear warship site, the ONR; (b) otherwise, the Executive.

103

(1) Regulation 22 (estimated doses and special entries) is amended as follows.

(2) In paragraphs (6), (7) and (8) for “Executive”, in each it occurs, substitute “ appropriate authority ”

(3) After paragraph (8) insert—

(9) In this regulation “appropriate authority” means— (a) in relation to a classified person employed wholly or mainly on nuclear premises, the ONR; (b) otherwise, the Executive.

104

(1) Regulation 25 (investigation and notification of overexposure) is amended as follows.

(2) In paragraph (1)(a)(i) for “Executive” substitute “ appropriate authority ”.

(3) After paragraph (3) insert—

(4) In this regulation “appropriate authority” means— (a) in relation to overexposure as a result of work carried out on nuclear premises, the ONR; (b) otherwise, the Executive.

Radiation (Emergency Preparedness and Public Information) Regulations 2001

105

(1) The Radiation (Emergency Preparedness and Public Information) Regulations 2001 are amended as follows.

(2) After regulation 18(A)(a) (modifications relating to the Office of Rail Regulation) insert—

(aa) regulation 18B (modifications relating to the Office for Nuclear Regulation);

(3) After regulation 18A insert—

(18B) (1) Subject to paragraph (2), in so far as these Regulations apply in relation to any premises, or in relation to any activity carried out on premises, which are, or are on, a relevant nuclear site, they have effect as if any reference to the Executive were a reference to the Office for Nuclear Regulation. (2) Paragraph (1) does not apply to— (a) the definition of “the Executive” in regulation 2(1) (interpretation); (b) regulation 18A (modifications relating to the Office of Rail Regulation); (c) regulation 20 (transitional provisions); (d) note 6 at the end of Part 1 of Schedule 4 (specified quantities for the transport of radionuclides). (4) In this regulation “relevant nuclear site” means a site which is— (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 1998); (c) a new nuclear build site (within the meaning given in regulation 2A of those Regulations); or (d) a nuclear warship site (within the meaning given in regulation 2B of those Regulations).

Control of Lead at Work Regulations 2002

106

(1) The Control of Lead at Work Regulations 2002 are amended as follows.

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

“appropriate authority” means— 1. in relation to a record which relates to employment wholly or mainly on— 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), 2. otherwise, the Executive.

(3) In regulation 9 (air monitoring) in paragraph (6)(b) for “Executive” substitute “ appropriate authority ” in each place it occurs.

(4) In regulation 10 (medical surveillance) in paragraph (6)(b) for “Executive” substitute “ appropriate authority ” in each place it occurs.

(5) In regulation 15 (revocation and savings)—

(a) in paragraph (2) for “Executive” substitute “ relevant authority ”;

(b) after paragraph (2) insert—

(3) In this regulation “relevant authority” means— (a) where it is the enforcing authority for the purposes of these Regulations, the Office for Nuclear Regulation; (b) otherwise, the Executive.

Control of Substances Hazardous to Health Regulations 2002

107

(1) The Control of Substances Hazardous to Health Regulations 2002 are amended as follows.

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

“appropriate authority” means— 1. in relation to a record which relates to employment wholly or mainly on— 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 those Regulations), 2. otherwise, the Executive;

(3) In regulation 10 (monitoring exposure at the workplace) in paragraph (7)(b) for “Executive” substitute “ appropriate authority ” in each place it occurs.

(4) In regulation 11 (health surveillance) in paragraph (4)(b) for “Executive” substitute “ appropriate authority ” in each place it occurs.

(5) In regulation 18 (revocation and savings)—

(a) in paragraph (2) for “Executive” substitute “ relevant authority ”;

(b) after paragraph (2) insert—

(3) In this regulation “relevant authority” means— (a) where it is the enforcing authority for the purposes of these Regulations, the Office for Nuclear Regulation; (b) otherwise, the Executive.

Ammonium Nitrate Materials (High Nitrate Content) Safety Regulations 2003

108

(1) Regulation 11 of the Ammonium Nitrate Materials (High Nitrate Content) Safety Regulations 2003 (enforcing authorities) is amended as follows.

(2) In paragraphs (1), (2) and (3) for “paragraph (4)” substitute “ paragraph (4) or (5) ”.

(3) At the start of paragraph (4) insert “ Subject to paragraph (5), ”.

(4) After paragraph (4) insert—

(5) It shall be the duty of the Office for Nuclear Regulation to enforce these Regulations (including compliance by any person with any conditions imposed on that person by or under regulation 10(2)) as they apply on, or in relation to, any site, or any activities carried out on a site, which is— (a) an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998); or (b) a new nuclear build site (within the meaning given in regulation 2A of those Regulations). (6) Nothing in this regulation affects the application of section 18(1A) of the Health and Safety at Work etc. Act 1974.

Justification of Practices Involving Ionising Radiation Regulations 2004

109

(1) The Justification of Practices Involving Ionising Radiation Regulations 2004 are amended as follows.

(2) In regulation 18 (consultation) after paragraph (1)(a)(i) insert—

(ia) the Office for Nuclear Regulation;

(3) In regulation 22 (contravention notices) after paragraph (3)(b) insert—

(ba) the Office for Nuclear Regulation;

Manufacture and Storage of Explosives Regulations 2005

110

The Manufacture and Storage of Explosives Regulations 2005 are amended as follows.

111

In regulation 2 (interpretation)—

(a) in paragraph (1) after the definition of “non-sensitised” insert—

“the ONR” means the Office for Nuclear Regulation;

“ONR regulated site” has the meaning given in paragraph (1A);

(b) after paragraph (1) insert—

(1A) A site is an ONR regulated site if it, or any part of it, is— (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 1998, or (c) a new nuclear build site (within the meaning given in regulation 2A of those Regulations).

112

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

(aa) the ONR;

113

In regulation 5(2)(b) (separation distances) after “Executive” insert “ or the ONR ”.

114

(1) Regulation 11 (registration in relation to storage) is amended as follows.

(2) In paragraph (4A) for “or the Executive” substitute “ , the Executive or the ONR ”.

(3) In paragraph (9A) for “or the Executive” substitute “ , the Executive or the ONR ”.

115

After regulation 11 insert—

(11A) (1) Where this regulation applies a registration granted by, or treated as granted by, the ONR is to be treated on and after the relevant date as a registration granted by the relevant licensing authority. (2) This regulation applies where— (a) the site in respect of which the registration was granted ceases to be an ONR regulated site; and (b) the registration mentioned in sub-paragraph (a) remained in force immediately before the date on which the site ceased to be an ONR regulated site. (3) In this regulation— (a) “relevant date” means, in relation to a site, the date on which the site ceased to be an ONR regulated site; (b) “relevant licensing authority” means the licensing authority for that site determined in accordance with Schedule 1. (11B) (1) Where this regulation applies a registration granted by, or treated as granted by, a licensing authority (other than the ONR) is to be treated on and after the relevant date as a registration granted by the ONR. (2) This regulation applies where— (a) the site in respect of which the registration was granted becomes an ONR regulated site; and (b) the registration mentioned in sub-paragraph (a) remained in force immediately before the date on which the site became an ONR regulated site. (3) In this regulation “relevant date” means, in relation to a site, the date on which the site became an ONR regulated site.

116

(1) Regulation 13 (grant of licences) is amended as follows.

(2) In paragraph (1)(b) for “or the Executive” substitute “ , the Executive or the ONR ”.

(3) In paragraph (3)—

(a) in the opening words after “Executive” insert “ or the ONR ”;

(b) after “and the Executive” insert “ or, as the case may be, the ONR ”.

(4) In paragraph (4)(a) after “Executive” insert “ or the ONR ”.

(5) After paragraph (4) insert—

(4A) In paragraph (4)(d)(ii) the reference to the Executive is to be read, in relation to an application relating to manufacture or storage of explosives on, or within any part of, a site which is an ONR regulated site, as a reference to the ONR.

(6) In paragraph (6)—

(a) in the opening words after “Executive” insert “ or the ONR ”;

(b) in each of sub-paragraphs (a) and (b) after “Executive” insert “ or, as the case may be, the ONR ”.

(7) In paragraph (9)(b) for “or the Executive” substitute “ , the Executive or the ONR ”.

117

After regulation 13 insert—

(13A) (1) Where this regulation applies a licence granted by, or treated as granted by, the ONR is to be treated on and after the relevant date as a licence granted by the relevant licensing authority. (2) This regulation applies where— (a) the site in respect of which the licence was granted ceases to be an ONR regulated site; and (b) the licence mentioned in sub-paragraph (a) remained in force immediately before the date on which the site ceased to be an ONR regulated site. (3) In this regulation— (a) “relevant date” means, in relation to a site, the date on which the site ceased to be an ONR regulated site; (b) “relevant licensing authority” means the licensing authority for the site determined in accordance with Schedule 1. (13B) (1) Where this regulation applies a licence granted by, or treated as granted by, a licensing authority (other than the ONR) is to be treated on and after the relevant date as a licence granted by the ONR. (2) This regulation applies where— (a) the site in respect of which the licence was granted becomes an ONR regulated site; and (b) the licence mentioned in sub-paragraph (a) remained in force immediately before the date on which the site became an ONR regulated site. (3) In this regulation “relevant date” means, in relation to a site, the date on which the site became an ONR regulated site.

118

(1) Regulation 14 (local authority assent) is amended as follows.

(2) In paragraph (1) for “Executive”, in both places it appears, substitute “ appropriate authority ”.

(3) In paragraph (8)(c) for “Executive” substitute “ appropriate authority ”.

(4) In paragraph (9) for “Executive” substitute “ appropriate authority ”.

(5) In paragraph (10)—

(a) in each of sub-paragraphs (a) and (b) for “Executive” substitute “ appropriate authority ”;

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

(6) After paragraph (13) insert—

(14) In this regulation “appropriate authority” means— (a) where the application is made to the Executive, the Executive; (b) where the application is made to the ONR, the ONR.

119

(1) Regulation 16 (variation of licences) is amended as follows.

(2) In paragraph (1)(b) after “Executive” insert “ or the ONR ”.

(3) In paragraph (3) after “Executive” insert “ or the ONR ”.

(4) In paragraph (4) after “Executive” insert “ or (as the case may be) the ONR ”.

120

(1) Regulation 23 (defences) is amended as follows.

(2) In paragraph (1)(d) for “Executive” substitute “ appropriate authority ”.

(3) After paragraph (1) insert—

(1A) In paragraph (1) “appropriate authority” means— (a) in the case of a licence granted by the ONR, the ONR; (b) otherwise, the Executive.

121

In Schedule 1 (licensing authority)—

(a) in paragraph 1 for “paragraphs 2 and 3” substitute “ paragraphs 2 to 4 ”.

(b) after paragraph 3 insert—

(4) The ONR shall be the licensing authority in relation to any application for registration in relation to storage, or for a licence for the manufacture or storage of, explosives on an ONR regulated site.

122

In Schedule 4 (registers) in paragraph 8 after “local authority” insert “ or the ONR ”.

Control of Vibration at Work Regulations 2005

123

In regulation 2(1) of the Control of Vibration at Work Regulations 2005 for the definition of “enforcing authority” substitute—

“enforcing authority” means the Executive, the Office for Nuclear Regulation, local authority or Office of Rail Regulation determined in accordance with— 1. section 18(1A) of the Health and Safety at Work etc. Act 1974; 2. the provisions of the Health and Safety (Enforcing Authority) Regulations 1998; and 3. the provisions of the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006.

Regulatory Reform (Fire Safety) Order 2005

124

For article 4(2)(b) of the Regulatory Reform (Fire Safety) Order 2005 substitute—

(b) are required to be taken or observed to ensure any compliance with any requirement of— (i) the relevant statutory provisions within the meaning given in Part 1 of the Health and Safety at Work etc. Act 1974; (ii) sections 1, 3 to 6, 22 and 24A of the Nuclear Installations Act 1965; (iii) the provisions of Part 3 of the Energy Act 2013; (iv) the provisions of nuclear regulations other than any provisions of such regulations identified in accordance with section 74(9) of the Energy Act 2013 as made for the nuclear safeguards purposes;

Control of Noise at Work Regulations 2005

125

In regulation 2(1) of the Control of Noise at Work Regulations 2005 for the definition of “enforcing authority” substitute—

“enforcing authority” means the Executive, the Office for Nuclear Regulation, local authority or Office of Rail Regulation determined in accordance with— 1. section 18(1A) of the Health and Safety at Work etc. Act 1974; 2. the provisions of the Health and Safety (Enforcing Authority) Regulations 1998; and 3. the provisions of the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006.

Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006

126

(1) The Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006 are amended as follows.

(2) In regulation 2 (interpretation)—

(a) after the definition of “miniature railway” insert—

“the ONR” means the Office for Nuclear Regulation;

(b) omit the definition of “nuclear licensed site”.

(3) In regulation 3(6) (enforcing authority) after “regulations 5” insert “ , 5A ”.

(4) For sub-paragraph (f) of regulation 4(3)(exceptions) substitute—

(f) a GB nuclear site (within the meaning given in section 68 of the Energy Act 2013);

(5) After regulation 5 insert—

(5A) (1) This regulation applies where there is uncertainty as to what are the respective responsibilities of the Office of Rail Regulation and the ONR by virtue of regulations made under sections 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 particular site 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 Office of Rail Regulation and the ONR (acting jointly) to the Office of Rail Regulation or the ONR. (3) An assignment under paragraph (2) may be made only where the Office of Rail Regulation 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; and (b) which authority 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.

Construction (Design and Management) Regulations 2007

127

(1) The Construction (Design and Management) Regulations 2007 are amended as follows.

(2) In regulation 19(1)(c) (additional duties of contractors) after “the Office of Rail Regulation” insert “ or the Office for Nuclear Regulation ”.

(3) In regulation 21 (notification of project by CDM co-ordinator) after paragraph (4) insert—

(5) Insofar as the project includes construction work on 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 1998); or (c) a new nuclear build site (within the meaning given in regulation 2A of those Regulations), paragraphs (1) and (2) shall have effect as if any reference to the Executive were a reference to the Office for Nuclear Regulation.

(4) In the heading to Schedule 1, after “REGULATION” insert “ OR OFFICE FOR NUCLEAR REGULATION ”.

Supply of Machinery (Safety) Regulations 2008

128

The Supply of Machinery (Safety) Regulations 2008 are amended as follows.

129

(1) Regulation 2(2) (interpretation) is amended as follows.

(2) In the definition of “enforcement authority”—

(a) in sub-paragraph (a) after “(b)” insert “ and (ba) ”.

(b) after sub-paragraph (b) insert—

(ba) the Office for Nuclear Regulation in relation to— (i) machinery and partly completed machinery which is intended exclusively or primarily for use on a relevant nuclear site; or (ii) putting machinery into service on such a site.

(3) After the definition of “put into service” 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);

(4) In regulation 21(2)(a) (non-compliance with CE marking) after “Executive” insert “ , the Office for Nuclear Regulation ”.

130

(1) Schedule 5 (enforcement) is amended as follows.

(2) In paragraphs 1 and 2 for “paragraph 3” substitute “ paragraphs 3 and 3A ”.

(3) After paragraph 3 insert—

(3A) It shall be the duty of the Office for Nuclear Regulation to make adequate arrangements for the enforcement of these Regulations in relation to— (a) machinery, or partly completed machinery, which is intended exclusively or primarily for use on a relevant nuclear site; or (b) putting machinery into service on such a site.

(4) In the heading before paragraph 7 after “Executive” insert “ , the Office for Nuclear Regulation ”.

(5) In paragraph 7 after “Executive” insert “ , the Office for Nuclear Regulation ”.

(6) In paragraph 8—

(a) in the opening words; and

(b) sub-paragraph (c),

after “Executive” insert “ , the Office for Nuclear Regulation ”.

REACH Enforcement Regulations 2008

131

The REACH Enforcement Regulations 2008 are amended as follows.

132

Regulation 2(2) (interpretation) is amended as follows—

(a) in the definition of “enforcing authority” after paragraph (fa) insert—

(fb) the Office for Nuclear Regulation;

(b) after the definition of “offshore installation” 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).

133

In regulation 3(2) (enforcement) for “regulation 6” substitute “ regulations 3A and 6 ”.

134

After regulation 3 insert—

(3A) (1) This regulation applies where the Office for Nuclear Regulation is named in any column of the REACH table against any listed REACH provision. (2) The enforcement duty, so far as it relates to that provision of REACH, in relation to anything done or omitted to be done, on a relevant nuclear site— (a) applies to the Office for Nuclear Regulation; (b) does not apply to any other enforcing authority. (3) No enforcement duty applies to the Office for Nuclear Regulation except as provided by this regulation. (4) Paragraph (5) applies where there is uncertainty as to what are the respective responsibilities of the Office for Nuclear Regulation and any other enforcing authority or enforcing authorities for the enforcement of any listed REACH provision in respect of any particular circumstances. (5) The responsibility for enforcing the relevant listed REACH provision in that respect may be assigned by the Office for Nuclear Regulation and the other enforcing authority or enforcing authorities to— (a) the Office for Nuclear Regulation; or (b) any other enforcing authority or enforcing authorities. (6) An assignment may only be made under paragraph (5)— (a) by the Office for Nuclear Regulation and the other enforcing authority or all the other enforcing authorities acting jointly; (b) where the Office for Nuclear Regulation and the other enforcing authority or all the other enforcing authorities agree— (i) that there is uncertainty in the particular circumstances as to what are their respective responsibilities in relation to enforcement of the listed REACH provision in question; and (ii) which authority is, or authorities are (as the case may be), more appropriate to be responsible for the enforcement in those circumstances. (7) Where such an assignment is made, the authority or authorities to which responsibility is assigned must give notice of the assignment to persons affected by it. (8) Nothing in this regulation affects the power of the Office for Nuclear Regulation and any other enforcing authority to agree arrangements under regulation 5(2).

135

In regulation 6(4) (health and safety enforcement) after “varied by” insert “ an assignment made in accordance with regulation 3A or ”.

136

In regulation 17(1) (appearance of authorised persons before a court of summary jurisdiction)—

(a) omit “or” at the end of sub-paragraph (a);

(b) after sub-paragraph (b) insert—

or (c) the Office for Nuclear Regulation.

137

In regulation 21(2)(b) (appeals against notices) after “Northern Ireland” insert “ , Office for Nuclear Regulation. ”

138

In the table in Schedule 1 (table of REACH provisions) in the entries relating to each of the following REACH provisions, in the third and fourth columns (enforcing authorities for England and Wales and Scotland), after “The Health and Safety Executive” insert “ The Office for Nuclear Regulation ”

(a) Article 9(6);

(b) Article 14(6);

(d) Article 33(2);

(e) Article 35;

(f) the first entry relating to Article 36(1);

(g) Article 37(4);

(h) both entries relating to Article 37(5);

(i) Article 37(6);

(j) Article 38(1);

(k) Article 38(3);

(l) Article 56(1);

(m) Article 56(2);

(n) Article 60(10);

(o) Article 67(1).

139

In Schedule 2 (functions of enforcing authorities) in paragraph 2 after “Northern Ireland” insert “ , the Office for Nuclear Regulation ”.

140

(1) Part 2 of Schedule 6 (powers of enforcement) is amended as follows.

(2) In the heading after “the Office of Rail Regulation” insert “ , the Office for Nuclear Regulation ”.

(3) In paragraph 9 for “Executive”, in each place in which it occurs, substitute “ appropriate authority ”.

(4) After paragraph 9A insert—

(9B) For the purposes of this section of this Schedule “the appropriate authority” means— (a) in Great Britain— (i) in relation to a relevant nuclear site, the Office for Nuclear Regulation; (ii) otherwise, the Health and Safety Executive; (b) in Northern Ireland, the Health and Safety Executive for Northern Ireland.

141

(1) Section 3 of Schedule 7 (authorisations) is amended as follows.

(2) In the heading after “Office of Rail Regulation” insert “ , the Office for Nuclear Regulation ”.

(3) In paragraph 3—

(a) omit “or” after sub-paragraph (b);

(b) after sub-paragraph (c) insert—

; or (c) the Office for Nuclear Regulation.

142

(1) Part 2 of Schedule 8 (appeals) is amended as follows.

(2) In the heading after “Northern Ireland” insert “ , the Office for Nuclear Regulation ”.

(3) After paragraph 2(a) insert—

(aa) the Office for Nuclear Regulation;

Transfrontier Shipment of Radioactive Waste and Spent Fuel Regulations 2008

143

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

Control of Artificial Optical Radiation at Work Regulations 2010

144

In regulation 1 of the Control of Artificial Optical Radiation at Work Regulations 2010 (citation, commencement and interpretation) for the definition of “enforcing authority” substitute—

“enforcing authority” means the Health and Safety Executive, the Office for Nuclear Regulation, local authority or Office of Rail Regulation determined in accordance with— 1. section 18(1A) of the Health and Safety at Work etc. Act 1974; 2. the provisions of the Health and Safety (Enforcing Authority) Regulations 1998; and 3. the provisions of the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006.

Control of Asbestos Regulations 2012

145

(1) The Control of Asbestos Regulations 2012 are amended as follows.

(2) In Regulation 2 (interpretation)—

(a) for the definition of “enforcing authority” substitute—

“enforcing authority” means the Executive, the Office for Nuclear Regulation, local authority or Office of Rail Regulation determined in accordance with— 1. section 18(1A) of the Health and Safety at Work etc. Act 1974; 2. the provisions of the Health and Safety (Enforcing Authority) Regulations 1998; and 3. the provisions of the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006;

(b) after the definition of “relevant doctor” insert—

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

(3) In regulation 19 (air monitoring)—

(a) in paragraph (5)(b) for “Executive”, in both places in which it occurs, substitute “ appropriate authority ”,

(b) after paragraph (5) insert—

(6) In this regulation “the appropriate authority” means— (a) in relation to any record which relates to employment wholly or mainly on relevant nuclear premises, the Office for Nuclear Regulation, (b) otherwise, the Executive.

(4) In regulation 22 (health records and medical surveillance)—

(a) in paragraph (8)(b) for “Executive”, in both places in which it occurs, substitute “ appropriate authority ”;

(b) after paragraph (8) insert—

(8A) In paragraph (8) “the appropriate authority” has the same meaning as in regulation 19.

(5) In regulation 33 (revocation and savings)—

(a) in paragraph (3) for “Executive” substitute “ appropriate authority ”,

(b) after paragraph (3) insert—

(4) In this regulation “the appropriate authority” means— (a) in any case in which it is the enforcing authority for these Regulations, the Office for Nuclear Regulations; (b) otherwise, the Executive.

Identification and Traceability of Explosives Regulations 2013

146

(1) Regulation 8 of the Identification and Traceability of Explosives Regulations 2013 is amended as follows.

(2) After paragraph (2) insert—

(2A) Despite paragraphs (1) and (2), the Office for Nuclear Regulation is the enforcing authority for— (a) regulation 5 to the extent that it imposes requirements on manufacturers who— (i) are established in Great Britain; and (ii) manufacture explosives on an ONR regulated site; (b) the remainder of these Regulations as they apply on, or in relation to, a site which is an ONR regulated site.

(3) In paragraph (3), after the definition of “chief officer of police” insert—

“ONR regulated site” means a site in Great Britain which is or forms part of— 1. an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998); or 2. a nuclear new build site (within the meaning given in regulation 2A of those Regulations).

(4) After paragraph (3) insert—

(4) This regulation is subject to section 18(1A) of the Health and Safety at Work etc. Act 1974.

Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013

147

(1) Regulation 9 of the Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (allocation of enforcement responsibility) is amended as follows.

(2) In paragraph (1) for “paragraphs (2) to (6)” substitute “ section 18(1A) of the 1974 Act and to paragraphs (2) to (7) ”.

(3) In paragraph (5) before “paragraph (6)” insert “ section 18(1A) of the 1974 Act and ”.

(4) After paragraph (6) insert—

(7) Paragraph (6) does not apply in relation to any use which occurs on premises which are or are on— (a) an authorised defence site (within the meaning given in regulation 2(1) of the 1998 Regulations); (b) a new nuclear build site (within the meaning given in regulation 2A of those Regulations).

PART 4 — Fees

Nuclear Industries Security (Fees) Regulations 2005

148

The Nuclear Industries Security (Fees) Regulations 2005 are amended as follows.

149

In regulation 2 (interpretation)—

(a) in paragraph (1)—

(i) omit the definitions of “the 1974 Act” and “the 1978 Order”;

(ii) before the definition of “the principal Regulations” insert—

“the 2013 Act” means the Energy Act 2013;

(b) in paragraph (2) after “carrier” insert “ ONR; ”.

150

In regulation 3 (fees payable for regulation of nuclear industries security)—

(a) subject to paragraph (b), for “Secretary of State” substitute “ ONR ” in each place occurring;

(b) in paragraph (2) for the opening words substitute—

Where an inspector performs functions in exercise of their powers under Schedule 8 to the 2013 Act for the purpose of carrying into effect the principal Regulations, a fee is payable to the ONR—

151

In regulation 4 (supplementary provisions) for “Secretary of State” substitute “ ONR ” in each place occurring.

152

In the Table in the Schedule—

(a) in the header of column 2 for “Secretary of State” substitute “ ONR ”;

(b) in the entry in column 2 corresponding to the entry in column 1 relating to regulation 13, 14(1) of the principal Regulations, for “he” substitute “ it ”.

Health and Safety (Fees) Regulations 2012

153

The Health and Safety (Fees) Regulations 2012 are amended as follows.

154

In regulation 1(3) (interpretation)—

(a) before the definition of “approval” insert—

“the 2013 Act” means the Energy Act 2013;

(b) after the definition of “mines and quarries provisions” insert—

“the ONR” means the Office for Nuclear Regulation;

155

For regulation 8(6) (fees payable in connection with the Ionising Radiations Regulations 1999 and the Radiation (Emergency Preparedness and Public Information) Regulations 2001) substitute—

(6) A fee is payable by the applicant to the Executive where the Executive requires any work to be carried out by— (a) its inspectors, or (b) a person appointed to advise the Executive, in connection with any application in respect of which a fee is payable by virtue of paragraph (1), (2) or (4), and the fee for such work in connection with each matter described in column 1 of Tables 1 and 2 in Schedule 7 is that specified in the corresponding entry in column 3 of those Tables for each hour worked adjusted pro rata for a period worked of less than an hour.

156

Regulation 9(1) (fees payable under the Manufacture and Storage of Explosives Regulations 2005 etc.) is amended as follows—

(a) after “the 2005 Regulations,” insert “ or the ONR, where it is the licensing authority by virtue of paragraph 4 of that Schedule ”;

(b) after “Executive”, in the second place in which it occurs, insert “ or the ONR (as the case may be) ”.

157

In regulation 11 (fees for application for or changes to an explosives licence under Part 9 of the Dangerous Substances in Harbour Areas Regulations 1987)—

(a) in paragraph (1) for “Executive” substitute “ appropriate authority ”;

(b) after paragraph (2) insert—

(3) For the purposes of this regulation “appropriate authority”— (a) where the application is required to be made to the ONR under the 1987 Regulations, means the ONR; (b) otherwise, means the Executive.

158

For regulation 12 (estimate of cost of work) substitute—

(12) (1) Where any fee is to be assessed on the reasonable cost to the Executive, the ONR or the licensing authority of carrying out relevant work, the Executive, the ONR or the licensing authority (as the case may be) must— (a) on receipt of the application or request, as the case may be, prepare and send to the person making that application or request an estimate of the cost of carrying out the relevant work; and (b) before carrying out the relevant work, obtain confirmation from the person making the application or request that the person wishes the work to be carried out on the basis of that estimate of cost. (2) In this regulation “relevant work” means— (a) in relation to the Executive, any work or testing under regulation 2(3)(b) or 9(9); (b) in relation to the ONR, any work under regulation 16(1) or (2); (c) in relation to the licensing authority, any work pursuant to regulation 9(3).

159

(1) Regulation 16 (fees payable in relation to nuclear installations) is amended as follows.

(2) For “Executive” substitute “ ONR ” in each place occurring;

(3) In paragraph (3) after “relevant statutory provisions” insert “ or by the 2013 Act which relates to the enforcement of any of the nuclear provisions ”.

(4) In paragraph (4) after the definition of “nuclear installation” insert—

“nuclear provisions” means the relevant statutory provisions (within the meaning given in section 82 of the 2013 Act) other than— 1. a provision of the Nuclear Safeguards Act 2000; or 2. any provision of nuclear regulations identified in accordance with section 74(9) of the 2013 Act as made for the nuclear safeguards purposes.

160

(1) Regulation 17 (provisions supplementary to regulations 14 to 16) is amended as follows.

(2) In paragraph (1)—

(a) for sub-paragraph (a) substitute—

(a) is not to exceed the sum of the costs reasonably incurred— (i) in the case of regulation 16(1) or (2), by the ONR in carrying out the work referred to in the respective paragraph; (ii) in any other case, by the Executive or the ONR (as the case may be) in performing the function referred to in the respective regulation.

(b) in sub-paragraph (b) after “Executive” insert “ or the ONR ”.

(3) After paragraph (7) insert—

(8) Any reference in regulation 16 to a function conferred on an inspector by the 2013 Act which relates to enforcement against a person of any of the nuclear provisions includes a reference to any function conferred on an inspector by that Act which is exercised for the purpose of carrying into effect those provisions in relation to that person. (9) In this regulation “nuclear provisions” has the meaning given in regulation 16.

161

In regulation 24(9) (provisions supplementary to regulation 23)—

(a) in sub-paragraph (a) omit “or”;

(b) omit sub-paragraph (b).

162

In Schedule 7 (Fees payable in connection with the Ionising Radiation Regulations 1999 and the Radiation (Emergency Preparedness and Public Information) Regulations 2001)—

(a) in the heading for Column 3 of Table 1 for “Nuclear or other Specialist Inspector” substitute “ Specialist Inspector or person appointed to advise the Executive ”;

(b) in the heading for Column 3 of Table 2 omit “Nuclear or other Specialist Inspector” substitute “ Specialist Inspector or person appointed to advise the Executive ”.

163

In Schedule 13 (Fees payable in relation to nuclear assessments, design proposals and potential nuclear site applications under section 1(1) of the 1965 Act)—

(a) in column 1 of Table 1 for “section 11(1) of the 1974 Act”, in both places in which it occurs, substitute “ section 78 of the 2013 Act ”,

(b) in column 1 of Table 2 for “section 11(1) of the 1974 Act”, in both places in which it occurs, substitute “ section 78 of the 2013 Act ”.

PART 5 — General

Health and Safety Inquiries (Procedure) Regulations 1975

164

The Health and Safety Inquiries (Procedure) Regulations 1975 are amended as follows.

165

In regulation 2(1) (interpretation)—

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

“the 2013 Act” means the Energy Act 2013;

(b) omit the definition of “appointed person”;

“the ONR” means the Office for Nuclear Regulation;

“ONR inquiry” has the meaning given in section 85 of the Energy Act 2013;

“relevant appointed person” means—

in relation to an ONR inquiry, a person appointed by the ONR to hold such an inquiry;

in relation to a safety inquiry, a person appointed by the Executive to hold such an inquiry;

“relevant authority” means—

in relation to an ONR inquiry, the ONR;

in relation to a safety inquiry, the Executive;

“safety inquiry” means an inquiry under section 14(2A) of the 1974 Act;

166

In regulation 3(1) (application of Regulations) after “the 1974 Act” insert “ (referred to in these Regulations as “safety inquiries”) and ONR inquiries ”.

167

In regulation 4 (notification of inquiry) for “Executive” substitute “ relevant authority ”, in each place occurring.

168

In regulation 5 (appearances at inquiry)—

(a) in the heading for “inquiry” substitute “ a safety inquiry ”;

(b) for “inquiry”, in each place it occurs, substitute “ safety inquiry ”;

169

After regulation 5 insert—

(5A) (1) The persons entitled to appear at the ONR inquiry shall be— (a) the ONR; (b) where the ONR inquiry relates to any matter arising in Scotland, the Procurator Fiscal; (c) any employers' association or trade union representing respectively employers or employees who are concerned; (d) any person who was injured or suffered damage as a result of the accident, occurrence, situation, or other matter the subject of the ONR inquiry or that person's personal representatives; (e) the owner or occupier of any premises in which there occurred or arose the accident, occurrence, situation or other matter the subject of the ONR inquiry; (f) any person carrying on activities giving rise to the accident, occurrence, situation or other matter the subject of the ONR inquiry. (2) Any other person may appear at the ONR inquiry at the discretion of the relevant appointed person.

170

In regulation 6(1) (representation) after “so appointed” insert “ and in the case of the ONR by an officer of the ONR so appointed ”.

171

(1) Regulation 7 (power to require attendance of witnesses and production of documents) is amended as follows.

(2) In paragraph (1) before “appointed person” insert “ relevant ”.

(3) For paragraph (3) substitute—

(3) A notice containing a requirement under paragraph (1) shall contain a reference— (a) where the notice requires attendance at an ONR inquiry, to the fact that under regulation 13 of these Regulations a person who contravenes such a requirement is liable on summary conviction to a fine; (b) where the notice requires attendance at a safety inquiry, to the fact that under section 33(2) of the 1974 Act a person who contravenes such a requirement is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4) After paragraph (3) insert—

(3A) Paragraph (3B) makes transitional modifications to paragraph (3) as it applies to England and Wales. (3B) In relation to a notice served on any person 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 in paragraph (3)(a) to a fine is to be read as a reference to a fine not exceeding level 5 on the standard scale.

172

In regulation 8 (procedure at inquiry) for “appointed person”, in each place in which it appears, substitute “ relevant appointed person ”.

173

In regulation 9 (site inspections) for “appointed person” substitute “ relevant appointed person ”.

174

(1) Regulation 10 (procedure after inquiry) is amended as follows.

(2) In paragraph (1)—

(a) for “appointed person” substitute “ relevant appointed person ”;

(b) for “Executive” substitute “ relevant authority ”.

(3) In paragraph (2)—

(a) for “Except where the said report” substitute “ Except where a report made following a safety inquiry ”;

(b) for “the report” substitute “ that report ”.

175

For regulation 11 (notices) substitute—

(11) (1) This regulation applies to the service of notices required or authorised to be served or given by these Regulations. (2) Where such a notice is required or authorised to be served or given in connection with an ONR inquiry, the provisions of sections 109 (notices etc.) and 110 (electronic delivery of notices etc.) of the 2013 Act apply to that notice as they apply to a notice required or authorised to be given by Part 3 of the 2013 Act. (3) Where such a notice is required or authorised to be served or given in connection with a safety inquiry, the provisions of section 46 of the 1974 Act apply to that notice as they apply to notices required or authorised to be served or given by the 1974 Act.

176

After regulation 11 insert—

(12) (1) It is an offence for any person to— (a) contravene any requirement imposed by or under these Regulations as they apply to an ONR inquiry; or (b) intentionally obstruct any person in the exercise of their powers under section 85 of the 2013 Act. (2) A person who commits an offence under this regulation is liable on summary conviction— (a) in England and Wales, to a fine; (b) in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale. (3) Paragraph (4) makes transitional modifications to paragraph (2) as it applies to England and Wales. (4) In relation to an offence committed before the commencement of section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2013 (removal of limit on certain fines on conviction by magistrates' court) the reference to a fine in paragraph (2)(a) is to be read as a reference to a fine not exceeding level 5 on the standard scale.

Electricity (Non-Fossil Fuel Sources) (England and Wales) Order 1990

177

In Schedule 2 to the Electricity (Non-Fossil Fuel Sources) (England and Wales) Order 1990 (conditions precedent)—

(a) in paragraph (6)(i) for “Nuclear Installations Inspectorate” substitute “ Office for Nuclear Regulation ”;

(b) in the note to the Schedule omit the words from “; and” to the end.

Environmental Protection (Applications, Appeals and Registers) Regulations 1991

178

(1) Regulation 4 of the Environmental Protection (Applications, Appeals and Registers) Regulations 1991 (consultation) is amended as follows.

(2) In paragraph (1)—

(a) for sub-paragraph (a) substitute—

(a) the Health and Safety Executive, in all cases except— (i) where the prescribed process is to be carried on on a nuclear site, or (ii) in the case of a prescribed process designated for local control, where the enforcing authority has, within the period specified in paragraph (2) below, notified the Health and Safety Executive that the application has been made or, as the case may be, that notification has been given pursuant to section 10(5) of the 1990 Act;

(b) after sub-paragraph (a) insert—

(aa) the Office for Nuclear Regulation in any case where the prescribed process is to be carried on on a nuclear site except, in the case of a prescribed process designated for local control, where the enforcing authority has, within the period specified in paragraph (2) below, notified the Office for Nuclear Regulation that the application has been made or, as the case may be, that notification has been given pursuant to section 10(5) of the 1990 Act;

(3) After paragraph (2) insert—

(2A) In this regulation “nuclear site” has the meaning given in section 112(1) of the Energy Act 2013.

Planning (Hazardous Substances) Regulations 1992

179

The Planning (Hazardous Substances) Regulations 1992 are amended as follows.

180

In regulation 10(1) (consultation before the grant of hazardous substances consent) after sub-paragraph (a) insert—

(aa) where the land to which the application relates is, or is on, a nuclear site (within the meaning in section 112(1) of the Energy Act 2013), the Office for Nuclear Regulation;

181

In regulation 11(5) (determination of applications for hazardous substances consent) after sub-paragraph (a) insert—

(aa) where the land to which the decision relates is, or is on, a nuclear site (within the meaning given in section 112(1) of the Energy Act 2013), the Office for Nuclear Regulation;

182

(1) Schedule 1 (Hazardous Substances and Controlled Quantities) is amended as follows.

(2) In the entry number 54 in Column 1 of Part A as it applies in relation to England—

(a) for “Health and Safety Executive (HSE)” substitute “ Health and Safety Executive or the Office for Nuclear Regulation ”;

(b) for “HSE is” substitute “ either of them is ”;

(3) In the entry number 54 in Column 1 of Part A as it applies in relation to Wales—

(a) for “Health and Safety Executive (HSE)” substitute “ Health and Safety Executive or the Office for Nuclear Regulation ”;

(b) for “HSE is” substitute “ either of them is ”;

(4) In entry number 4 and entry number 5 in Column 1 of Part B as it applies in relation to England—

(a) after “Executive” insert “ or the Office for Nuclear Regulation ”;

(b) for “HSE is” substitute “ either of them is ”;

(5) In entry number 4 and entry number 5 in Column 1 of Part B as it applies in relation to Wales—

(a) after “Executive” insert “ or the Office for Nuclear Regulation ”;

(b) for “HSE is” substitute “ either of them is ”;

Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993

183

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

184

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

185

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

186

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

Town and Country Planning (General Permitted Development) Order 1995

187

Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995 is amended as follows.

188

In paragraph O of Part 3 (changes of use), as it applies in relation to England, for the definition of “safety hazard area” substitute—

“safety hazard area” means an area notified to the local planning authority— 1. by the Health and Safety Executive for the purposes of paragraph (e) of the Table in Schedule 5 to the 2010 Order (or any previous powers to the like effect); or 2. by the Office for Nuclear Regulation for the purposes of paragraph (ea) of that Table.

189

In paragraph E of Part 4 (temporary buildings and use), as it applies in relation to England, for the definition of “safety hazard area” substitute—

“safety hazard area” means an area notified to the local planning authority— 1. by the Health and Safety Executive for the purposes of paragraph (e) of the Table in Schedule 5 to the 2010 Order (or any previous powers to the like effect); or 2. by the Office for Nuclear Regulation for the purposes of paragraph (ea) of that Table.

Public Interest Disclosure (Prescribed Persons) Order 1999

190

(1) The Schedule to the Public Interest Disclosure (Prescribed Persons) Order 1999 is amended as follows.

(2) In the entry for the Health and Safety Executive, for the entry in the second column substitute—

Matters which may affect the health and safety of any individual at work other than individuals at work wholly or mainly on 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 1998; or (c) a new nuclear build site (within the meaning given in regulation 2A of those Regulations). Matters which may affect the health and safety of any member of the public arising out of or in connection with the activities of persons at work other than persons at work on a GB nuclear site, an authorised defence site or new nuclear build site.

(3) After that entry insert—

Office for Nuclear Regulation

Matters which may affect the health and safety of any individual at work wholly or mainly on 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 1998; or(c) a new nuclear build site (within the meaning given in regulation 2A of those Regulations).Matters which may affect the health and safety of any member of the public, arising out of or in connection with the activities of persons at work on premises which are, or are on, such sites.

Greater London Authority (Disqualification) Order 2000

191

In the Schedule to the Greater London Authority (Disqualification) Order 2000 —

(a) in Part 1 (bodies whose members are disqualified) after paragraph 7 insert—

(7A) The Office for Nuclear Regulation.

(b) in Part 2 (other disqualifying offices and appointments) after paragraph 20 insert—

(20A) Member of staff of the Office for Nuclear Regulation (within the meaning of Part 3 of the Energy Act 2013).

Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005

192

After regulation 54 of the Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005 insert—

(54A) (1) Paragraph 2 of Schedule 9 to the Energy Act 2013 (prohibition on disclosing protected information) does not apply to the disclosure of information by the Office for Nuclear Regulation to another responder if the disclosure is made— (a) in connection with the performance by that other responder of a duty under— (i) section 2 or 4; (ii) a provision of these Regulations; or (iii) a provision in regulations made by the Scottish Ministers under Part 1; (b) in connection with another function of that responder which relates to emergencies; or (c) in connection with a function of the Office for Nuclear Regulation which relates to emergencies. (2) For the purposes of paragraph (1), it is immaterial whether the disclosure is made pursuant to a request made under regulation 47. (3) In paragraph (1), the reference to the Office for Nuclear Regulation includes a reference to an officer of the Office.

Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006

193

In Schedule 5 to the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006 (those to be served a copy of the application and documents) in column (2) of entry number 21 for “and the Health and Safety Executive” substitute “ , the Health and Safety Executive and, where the operation requiring hazardous substances consent is to take place on a nuclear site (within the meaning given in section 112(1) of the Energy Act 2013), the Office for Nuclear Regulation. ”.

Legislative and Regulatory Reform (Regulatory Functions) Order 2007

194

(1) The Schedule to the Legislative and Regulatory Reform (Regulatory Functions) Order 2007 (regulatory functions to which sections 21 and 22 of the Legislative and Regulatory Reform Act 2006 apply) is amended as follows.

(2) In Part 1—

(a) in the entry for the Health and Safety Executive, omit the words from “other than” to the end;

(b) in the appropriate place insert—

Office for Nuclear Regulation other than any regulatory function exercised under or by virtue of— - section 2 of or Schedule 1 to the Nuclear Installations Act 1965 - The Import of Goods (Control) Order 1954 - The Nuclear Industries Security Regulations 2003 - Regulations 4 and 5 of the Uranium Enrichment Technology (Prohibition on Disclosure) Regulations 2004.

(3) In Part 2 omit the entry relating to the Radioactive Material (Road Transport) Act 1991.

Companies (Disclosure of Address) Regulations 2009

195

In Schedule 1 to the Companies (Disclosure of Address) Regulations 2009 (specified public authorities) after “the Health and Safety Executive;” insert “ the Office for Nuclear Regulation; ”.

Overseas Companies Regulations 2009

196

In Schedule 1 to the Overseas Companies Regulations 2009 at the end insert—

the Office for Nuclear Regulation

Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009

197

In Schedule 1 to the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 (persons who must be consulted or notified in certain circumstances) after the final entry in the Table insert—

The Office for Nuclear Regulation (“the ONR”)	All proposed applications likely to affect matters relevant to the ONR's purposes within the meaning of Part 3 of the Energy Act 2013 (see section 67 of that Act).	All applications likely to affect matters relevant to the ONR's purposes within the meaning of Part 3 of the Energy Act 2013 (see section 67 of that Act)

Company, Limited Liability Partnership and Business Names (Public Authorities) Regulations 2009

198

In the Schedule to the Company, Limited Liability Partnership and Business Names (Public Authorities) Regulations 2009 (specified “public authorities” and list of other Government departments and other bodies whose views must be sought) —

(a) in column 1 insert at the appropriate place “ Office for Nuclear Regulation ”;

(b) in column 2 insert at the appropriate place “ Office for Nuclear Regulation ”.

Infrastructure Planning (Interested Parties) Regulations 2010

199

In the Table in the Schedule to the Infrastructure Planning (Interested Parties) Regulations 2010 (persons who are statutory parties for the purposes of section 102 of the Planning Act 2008) after the entry applicable to “The Health and Safety Executive” insert—

The Office for Nuclear Regulation	All proposed provisions likely to affect matters relevant to the ONR's purposes within the meaning of Part 3 of the Energy Act 2013 (see section 67 of that Act).

Infrastructure Planning (Compulsory Acquisition) Regulations 2010

200

In the table in Schedule 2 to the Infrastructure Planning (Compulsory Acquisition) Regulations 2010 (persons to whom notice of proposed provision must be given) after the entry applicable to “The Health and Safety Executive” insert—

The Office for Nuclear Regulation	All proposed provisions likely to affect matters relevant to the ONR's purposes within the meaning of Part 3 of the Energy Act 2013 (see section 67 of that Act).

Town and Country Planning (Development Management Procedure) (England) Order 2010

201

(1) Schedule 5 to the Town and Country Planning (Development Management Procedure) (England) Order 2010 is amended as follows.

(2) In the Table—

(a) in paragraph (e) after “substances” insert “ (otherwise than on a relevant nuclear site) ”;

(b) after paragraph (e) insert—

(ea)	Development within an area which has been notified to the local planning authority by the Office for Nuclear Regulation for the purpose of this provision because of the presence within the vicinity of toxic, highly reactive, explosive or inflammable substances on a relevant nuclear site and which involves the provision of—(i) residential accommodation;(ii) more than 250 square metres of retail floor space;(iii) more than 500 square metres of office floor space; or(iv) more than 750 square metres of floor space to be used for an industrial process,or which is otherwise likely to result in a material increase in the number of persons working within or visiting the notified area.	The Office for Nuclear Regulation

(3) In paragraph 1 (interpretation of the table)—

(a) in sub-paragraph (a) for “paragraph (e)(iv)” substitute “ paragraphs (e)(iv) and (ea)(iv) ”;

(b) after sub-paragraph (a) insert—

(aa) in paragraphs (e) and (ea) “relevant nuclear site” means a site which is— (i) a nuclear site (within the meaning given in section 112(1) of the Energy Act 2013); (ii) an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998); or (iii) a new nuclear build site (within the meaning given in regulation 2A those Regulations).

Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011

202

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

Disclosure (Persons engaged in the Investigation and Reporting of Crime or Sudden Deaths) (Scotland) Regulations 2011

203

In the Schedule to the Disclosure (Persons engaged in the Investigation and Reporting of Crime or Sudden Deaths) (Scotland) Regulations 2011 (prescribed persons for the purposes of the provision of information to the prosecutor and the code of practice) after the entry relating to the Office of Communications insert—

The Office for Nuclear Regulation;

Equality Act 2010 (Specific Duties) Regulations 2011

204

In Schedule 1 to the Equality Act 2010 (Specific Duties) Regulations 2011 (public authorities required to publish information) after the entry for the “Health and Safety Executive” insert—

The Office for Nuclear Regulation

Postal Services Act 2011 (Disclosure of Information) Order 2012

205

(1) The Postal Services Act 2011 (Disclosure of Information) Order 2012 is amended as follows.

(2) In article 3, at the appropriate place, insert “ the Office for Nuclear Regulation ”.

(3) In article 4, at the appropriate place, insert “ the Energy Act 2013 ”.

Pollution Prevention and Control (Scotland) Regulations 2012

206

(1) Part 2 of Schedule 4 to the Pollution Prevention and Control (Scotland) Regulations 2012 is amended as follows.

(2) For paragraph 13(d) substitute—

(d) in the case of a permit for an installation on a site— (i) in respect of which a nuclear site licence is required under section 1 of the Nuclear Installations Act 1965; or (ii) which is a relevant nuclear site and in respect of which— (aa) a major accident prevention policy document is required under regulation 5 of the Control of Major Accident Hazards Regulations 1999 (“the 1999 Regulations”); or (bb) a safety report is required under regulation 7 of the 1999 Regulations, the Office for Nuclear Regulation; (da) in the case of a permit for an installation on a site in respect of which— (i) a major accident prevention policy document is required under regulation 5 of the 1999 Regulations; or (ii) a safety report is required under regulation 7 of the 1999 Regulations, the Health and Safety Executive unless the application is required to be given to the Office for Nuclear Regulation under sub-paragraph (d).

(3) After paragraph 13 insert—

(13A) For the purposes of paragraph 13 a site is a relevant nuclear site if it is— (a) an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998); or (b) a new nuclear build site (within the meaning given in regulation 2A of those Regulations).

Town and Country Planning (Development Management Procedure) (Wales) Order 2012

207

(1) The English text of Schedule 4 to the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 (consultations before the grant of permission) is amended as follows.

(2) In the Table—

(a) in paragraph (c) after “substances” insert “ (otherwise than on a relevant nuclear site) ”;

(b) after paragraph (c) insert—

(ca)	Development within an area which has been notified to the local planning authority by the Office for Nuclear Regulation for the purpose of this provision because of the presence within the vicinity of toxic, highly reactive, explosive or inflammable substances on a relevant nuclear site and which involves the provision of—(i) residential accommodation;(ii) more than 250 square metres of retail floor space;(iii) more than 500 square metres of office floor space; or(iv) more than 750 square metres of floor space to be used for an industrial process,or which is otherwise likely to result in a material increase in the number of persons working within or visiting the notified area.	The Office for Nuclear Regulation

(3) In the interpretation provision following the Table—

(a) in sub-paragraph (a) for “paragraph (c)(iv)” substitute “ paragraphs (c)(iv) and (ca)(iv) ”;

(b) after sub-paragraph (a) insert—

(aa) in paragraphs (c) and (ca) “relevant nuclear site” (“safle niwclear perthnasol”) means a site which is— (i) a GB nuclear site (within the meaning given in section 68 of the Energy Act 2013); (ii) an authorised defence site (within the meaning given by the Health and Safety (Enforcing Authority) Regulations 1998); or (iii) a new nuclear build site (within the meaning given by those Regulations).

208

(1) The Welsh text of Schedule 4 to the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 (ymgyngoriadau cyn rhoi caniatï¿½d cynllunio) is amended as follows.

(2) In the Table—

(a) in paragraph (c) after “chyffiniau” insert “ (ac eithrio ar safle niwclear perthnasol) ”;

(b) after paragraph (c) insert—

(ca)	Datblygiad, o fewn ardal yr hysbyswyd yr awdurdod cynllunio lleol yn ei chylch gan y Swyddfa dros Reoli Niwclear at ddiben y ddarpariaeth hon, oherwydd presenoldeb sylweddau gwenwynig, tra adweithiol, ffrwydrol neu fflamadwy o fewn ei chyffiniau, ar safle niwclear perthnasol ac sy'n cynnwys darparu—(i) llety preswyl;(ii) mwy na 250 metr sgwï¿½r o arwynebedd llawr manwerthu;(iii) mwy na 500 metr sgwï¿½r o arwynebedd llawr swyddfa; neu(iv) mwy na 750 metr sgwï¿½r o arwynebedd llawr i'w ddefnyddio ar gyfer proses ddiwydiannol,neu sydd, rywfodd arall, yn debygol o arwain at gynnydd sylweddol yn nifer y personau sy'n gweithio yn yr ardal yr hysbyswyd yn ei chylch neu'n ymweld ï¿½ hi.	Y Swyddfa dros Reoli Niwclear

(3) In the interpretation provision following the Table—

(a) in sub-paragraph (a) for “mharagraff (c)(iv)” substitute “ mharagraffau (c)(iv) ac (ca)(iv) ”;

(b) after sub-paragraph (a) insert—

(aa) ym mharagraffau (c) ac (ca) ystyr “safle niwclear perthnasol” (“relevant nuclear site”) yw safle sydd— (i) yn safle niwclear ym Mhrydain Fawr (o fewn yr ystyr a roddir i “GB nuclear site” yn adran 68 o Ddeddf Ynni 2013); (ii) yn safle amddiffyn awdurdodedig (o fewn yr ystyr a roddir i “authorised defence site” gan Reoliadau Iechyd a Diogelwch (Awdurdod Gorfodi) 1998); neu (iii) yn safle adeiladu niwclear newydd (o fewn yr ystyr a roddir i “new nuclear build site” gan y Rheoliadau hynny).

Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013

209

(1) Schedule 5 (consultation by the planning authority) to the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 are amended as follows.

(2) In paragraph 3 after “substances” insert “ (otherwise than on a relevant nuclear site) ”.

(3) After paragraph 3 insert—

(3A) The Office for Nuclear Regulation where the development is within an area which has been notified to the planning authority by the Office for Nuclear Regulation for the purpose of this provision because of the presence within the vicinity of toxic, highly reactive, explosive or inflammable substances on a relevant nuclear site and which involves the provision of— (a) residential accommodation; (b) more than 250 square metres of retail floor space; (c) more than 500 square metres of office floor space; or (d) more than 750 square metres of floor space to be used for an industrial process, or which is otherwise likely to result in a material increase in the number of persons working within or visiting the notified area.

(4) In sub-paragraph (1) of the interpretation section after the definition of “outdoor sports facility” insert—

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