The Nuclear Safeguards (EU Exit and Fees) (Amendment) Regulations 2026

Made: 9th July 2026

Coming into force: 10th July 2026

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 74(3), 75, 76A(1), (2) and (3), 101(1), (2) and (3), and 113(6) and (7) of, and paragraphs 6, 7, 11, 13(1) and 14 of Schedule 6 to, the Energy Act 2013[^f00001].

In accordance with sections 76A(8) and 101(6) of the Energy Act 2013, the Secretary of State has consulted the Office for Nuclear Regulation and such other persons as the Secretary of State considers appropriate.

In accordance with section 113(2)(a) and (3)(c) of the Energy Act 2013[^f00002], a draft of these Regulations has been laid before Parliament and approved by a resolution of each House of Parliament.

Part 1 — Introduction

Citation, commencement and territorial extent

1

• (1) These Regulations may be cited as the Nuclear Safeguards (EU Exit and Fees) (Amendment) Regulations 2026.

• (2) These Regulations come into force on the day after the day on which they are made.

• (3) These Regulations extend to England and Wales, Scotland and Northern Ireland.

Part 2 — Amendment of the Nuclear Safeguards (EU Exit) Regulations 2019

Amendment of the Nuclear Safeguards (EU Exit) Regulations 2019

2

The Nuclear Safeguards (EU Exit) Regulations 2019[^f00003] are amended as follows.

Amendment to regulation 2

3

In regulation 2 (interpretation)—

• (a) in the definition of “closed down”, after “decommissioned” insert “for safeguards purposes”;

• (b) for the defined term “decommissioned” substitute “decommissioned for safeguards purposes”;

• (c) in the definition of “decommissioned for safeguards purposes” (as so substituted), after “ONR that” insert “operations have been permanently stopped, the qualifying nuclear material has been removed and”;

• (d) after the definition of “decommissioned for safeguards purposes” (as so substituted), insert—

• “design information” means information which the operator of a qualifying nuclear facility supplies using the relevant questionnaire in Part 1 of Schedule 1;

• (e) in the definition of “qualifying nuclear facility with limited operation”, for paragraph (b) substitute—

(b) which is not a reactor, a critical facility, a conversion facility, a fabrication facility, a reprocessing facility, an isotopic enrichment facility, a spent fuel encapsulation facility nor a separate storage facility;

• (f) for the definition of “retained waste” substitute—

• “retained waste” means waste which is generated from processing or from an operational accident, which is irrecoverable for the time being, but which is stored;

• (g) for the definition of “waste” substitute—

• “waste” means waste containing qualifying nuclear material, in concentrations or chemical forms which make the qualifying nuclear material no longer useable for any nuclear activity relevant for safeguards, or which has become practicably irrecoverable.

Amendment to regulation 3

4

• (1) In the heading of regulation 3 (declaration of basic technical characteristics), for “basic technical characteristics” substitute “design information”.

• (2) In regulation 3—

• (a) omit paragraph (1);

• (b) in paragraph (2)—

• (i) in sub-paragraphs (a), (b) and (c), for “basic technical characteristics of” substitute “design information for”;

• (ii) in sub-paragraph (c)—

• (aa) after paragraph (i) insert “or”;

• (bb) after paragraph (ii) omit the “and”;

• (cc) omit paragraph (iii);

• (c) after paragraph (2) insert—

(2A) Where a change in the design information for a qualifying nuclear facility means the facility becomes a different type of facility (a “repurposed facility”), the operator must declare to the ONR— (a) the preliminary design information for the repurposed facility, as soon as the decision to make the change has been taken; (b) the design information for the repurposed facility, based on the final design for the repurposed facility, using the relevant questionnaire shown in Part 1 of Schedule 1, not later than 200 days before the day on which the repurposing is started; and (c) the design information for the repurposed facility as built, using the relevant questionnaire shown in Part 1 of Schedule 1, not later than 200 days before the day on which— (i) qualifying nuclear material is first received at the repurposed facility; or (ii) in the case of a qualifying nuclear facility which only treats or stores conditioned or retained waste, the treatment or storage begins.

• (d) in paragraph (3), for the words from “An operator” to “30 days” substitute “In any other case, an operator must declare to the ONR a change in the design information within the period of 23 days”;

• (e) in paragraph (4)—

• (i) for “basic technical characteristics of” substitute “design information for”;

• (ii) for “fully decommissioned” substitute “decommissioned for safeguards purposes”.

Amendment to regulation 4

5

In regulation 4 (programme of activities), in paragraph (3), for “inform the ONR of” substitute “declare to the ONR”.

Amendment to regulation 5

6

In regulation 5 (particular safeguard provisions)—

• (a) in paragraph (1)—

• (i) in the words before sub-paragraph (a), for the words from “basic technical characteristics” to “relevant technical characteristics” substitute “information submitted by an operator under Parts 2, 3 or 6 or regulation 31 of these Regulations and having discussed the relevant information”;

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

(b) take account of any— (i) obligations under a relevant international agreement[^f00004]; and (ii) relevant operational and technical constraints on the operator and the qualifying nuclear facility.

• (b) in paragraph (4)—

• (i) in sub-paragraph (b), for “basic technical characteristics” substitute “design information”;

• (ii) after sub-paragraph (h) insert—

(i) any other procedure, arrangement or equipment the ONR considers necessary or appropriate to give effect to an obligation under a relevant international agreement.

• (c) after paragraph (4) insert—

(5) Having reviewed the information submitted by an operator under Parts 2, 3 or 6 or regulation 31 of these Regulations and having discussed the relevant information with the operator, the ONR may amend any particular safeguard provision imposed under paragraph (1) provided the amended provision meets the requirements of sub-paragraphs (a) and (b) of that paragraph. (6) Paragraphs (2) and (3) apply in relation to an amended particular safeguard provision. (7) The ONR may, by written notice to the relevant operator, withdraw any particular safeguard provision imposed under paragraph (1) where the ONR considers it is no longer necessary or appropriate.

Amendment to regulation 6

7

In regulation 6 (accountancy and control of qualifying nuclear material)—

• (a) in paragraph (1), after “must” insert “establish and”;

• (b) in paragraph (3), for “basic technical characteristics” substitute “design”;

• (c) in paragraph (4) for “five” substitute “30”.

Amendment to regulation 7

8

In regulation 7 (accountancy and control plan), omit paragraph (2).

Amendment to regulation 8

9

In regulation 8 (replacement, etc. of accountancy and control plan), in paragraph (1)—

• (a) for “basic technical characteristics of” substitute “design information for”;

• (b) after “regulation”, insert “3(2A),”;

• (c) for “30” substitute “23”.

Amendment to regulation 10

10

In regulation 10 (operating records), in paragraph (1), in sub-paragraph (a), for “operating” substitute “source”.

Amendment to regulation 12

11

In regulation 12 (accounting reports), in paragraph (1), for “13” substitute “14”.

Omission of regulation 13

12

Omit regulation 13 (initial book inventory).

Amendment to regulation 17

13

In regulation 17 (unusual occurrences)—

• (a) in paragraph (1), in sub-paragraph (a) omit “an increase in or”;

• (b) in paragraph (2), for “or increase” substitute “of qualifying nuclear material”.

Amendment to regulation 19

14

In regulation 19 (additional reporting obligations), in paragraph (2) omit sub-paragraph (a).

Amendment to regulation 20

15

In regulation 20 (weight units of qualifying nuclear materials)—

• (a) in paragraph (1)—

• (i) in the words before sub-paragraph (a), for “When” substitute “Subject to paragraph (1A), when”;

• (ii) in sub-paragraph (a), for “to at least the nearest gram” substitute “in grams”;

• (iii) in sub-paragraph (b), for the words from “rounded down” to the end substitute “expressed to a maximum of three decimal places.”;

• (b) after paragraph (1) insert—

(1A) Paragraph (1) does not apply to information supplied under regulation 3 in so far as the relevant questionnaire in Part 1 of Schedule 1 specifies a different unit of measurement.

• (c) at the beginning of paragraph (2), for “The” substitute “Any”;

• (d) at the beginning of paragraph (3), for “Unless” substitute “Subject to paragraph (4) and unless”;

• (e) after paragraph (3) insert—

(4) Paragraph (3) does not apply to information supplied under regulation 3.

Amendment to regulation 21

16

In regulation 21 (exports), in paragraph (2), for “7” substitute “13”.

Amendment to regulation 22

17

In regulation 22 (imports), in paragraph (2), in sub-paragraph (a), for “4” substitute “7”.

Amendment to regulation 25

18

In regulation 25 (carriers and temporary storage agents)—

• (a) in paragraph (4)—

• (i) omit “and the relevant operators”;

• (ii) for “five” substitute “30”;

• (b) after paragraph (4), insert—

(5) The relevant operators must retain records of the transaction and a copy of any receipt for a period of at least 30 years beginning with the day on which the record is made or the receipt received.

Omission of regulation 26

19

Omit regulation 26 (intermediaries).

Omission of Part 5

20

Omit Part 5 (ores).

Amendment to regulation 29

21

In regulation 29 (stock list and accounting records for conditioned and retained waste)—

• (a) in paragraph (1), in sub-paragraph (b), for “operating” substitute “source”;

• (b) in paragraph (2)—

• (i) omit “on commencement day”;

• (ii) for the words from “an initial stock list” to the end substitute “the most recently updated stock list referred to in paragraph (1)(a) within 30 days of the receipt of a written request from the ONR.”;

• (c) in paragraph (3), for “five” substitute “30”.

Amendment to regulation 30

22

In regulation 30 (transfers of conditioned waste), for paragraph (1) substitute—

(1) An operator of a qualifying nuclear facility that is used to treat or store conditioned waste must declare to the ONR— (a) shipments or exports of conditioned waste from the qualifying nuclear facility, using the form set out in Part 9 of Schedule 1; (b) receipts or imports of conditioned waste to the qualifying nuclear facility, using the form set out in Part 10 of Schedule 1.

Amendment to regulation 31

23

• (1) In the heading of regulation 31 (qualifying nuclear facility with limited operation), for “basic technical characteristics” substitute “design information”.

• (2) In regulation 31—

• (a) in paragraph (2), in sub-paragraph (b)—

• (i) for “basic technical characteristics of” substitute “design information for”;

• (ii) for “section I-H” substitute “section I”;

• (b) in paragraph (5), in sub-paragraph (a)—

• (i) for “basic technical characteristics of” substitute “design information for”;

• (ii) for “30” substitute “23”.

Amendment to regulation 32

24

In regulation 32 (exemption), in paragraph (1), for “who holds only” substitute “in respect of”.

Amendment to regulation 35

25

In regulation 35 (communication with the ONR)—

• (a) in the words before paragraph (a), for “in writing” substitute “in writing, signed, dated”;

• (b) omit paragraph (a).

Amendment to regulation 39

26

In regulation 39 (inspections by the ONR), in paragraph (1), in sub-paragraph (g), for “basic technical characteristics” substitute “design information”.

Omission of regulation 41

27

Omit regulation 41 (annual report).

Amendment to regulation 43

28

In regulation 43 (offences), in paragraph (1)—

• (a) for “3(1)” substitute “3(2)”;

• (b) after “4,” insert “5(3),”;

• (c) omit “13,”.

Amendment to regulation 46

29

In regulation 46 (form of notification)—

• (a) in paragraph (1)—

• (i) in sub-paragraph (a), for “5” substitute “28”;

• (ii) in sub-paragraph (b), for “30” substitute “32”;

• (b) in paragraph (2), for sub-paragraph (b) substitute—

(b) be sent by means of an electronic communications network to the address published for the purpose on the website of the Department for Energy Security and Net Zero.

Amendment to regulation 49

30

In regulation 49 (interpretation)—

• (a) in the definition of “equipment”, for “plants”, in each place it occurs, substitute “facilities”;

• (b) in the definition of “item”, in paragraph (e), omit “, plants”.

Amendment to Schedule 1

31

• (1) Schedule 1 (information to be provided to ONR) is amended as follows.

• (2) For Part 1 (questionnaire for declaration of basic technical characteristics) substitute Part 1 as set out in the Schedule to these Regulations.

• (3) In Part 2 (inventory change report)—

• (a) in the table, in the entry for “Advance notification”, in the third column, omit—

• (i) “RD,”;

• (ii) “SD,”;

• (b) in explanatory note 10 (IC Code), in the table—

• (i) in the entry for “Transfer to retained waste”, in the third column, for the words from “has been transferred” to “could be retrieved” substitute “is irrecoverable for the time being, but which is stored”;

• (ii) in the entry for “Balance adjustment”, in the third column, for “plant” substitute “facility”;

• (iii) in the entry for “Termination of use”, in the third column, in the words before paragraph (i), for “considered as irrecoverable for practical or economic reasons” substitute—

in concentrations or chemical forms which make the qualifying nuclear material no longer usable for any nuclear activity relevant for safeguards, or which is considered as practically irrecoverable, and

• (c) in explanatory note 35 (correction), in the table—

• (i) in the entry for code D, in the second column—

• (aa) for “38” substitute “36”;

• (bb) for “39” substitute “37”;

• (cc) for “43” substitute “41”;

• (dd) for “(42)” substitute “40”;

• (ii) in the entry for code A, in the second column, for the words from “field (38)” to “field (39)”, in the second place it occurs, substitute—

field (36), the ‘previous line’ field (37) and the ‘previous CRC’ field (41). The ‘previous CRC’ field (41)

• (iii) in the entry for code L, in the second column, for “(38)” in each place it occurs, substitute “(36)”.

• (4) In Part 3 (material balance report), in explanatory note 10 (IC Code), in the table—

• (a) in the entry for “Transfer to retained waste”, in the third column, for the words from “has been transferred” to “could be retrieved”, substitute “is irrecoverable for the time being, but which is stored”;

• (b) in the entry for “Balance adjustment”, in the third column, for “plant” substitute “facility”;

• (c) in the entry for “Termination of use”, in the third column, in the words before paragraph (i), for “considered as irrecoverable for practical or economic reasons” substitute—

in concentrations or chemical forms which make the qualifying nuclear material no longer usable for any nuclear activity relevant for safeguards, or which is considered as practically irrecoverable, and

• (5) Omit Part 7 (report of ore exports/shipments).

Amendment to Schedule 2

32

In Schedule 2 (components of an accountancy and control system)—

• (a) for paragraph (2) substitute—

(2) an adequate number of suitably qualified staff, with clearly defined roles and responsibilities, to meet the obligations contained in these Regulations;

• (b) after paragraph (14) omit the “and”;

• (c) in paragraph (15), for “type” substitute “category”;

• (d) after paragraph (15) insert “; and

(16) the equipment, resources and arrangements necessary to meet the obligations contained in these Regulations and ensure the resilience of the system.

Amendment to Schedule 4

33

In Schedule 4 (transitional provisions)—

• (a) omit paragraphs 1 to 7;

• (b) in paragraph 8—

• (i) in sub-paragraph (1)—

• (aa) omit paragraph (c);

• (bb) in the words after paragraph (e), for the words from “must” to “five”, substitute—