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

• Regulation 15(a) and (b) requires the reporting of quantities of qualifying nuclear material in grams (up to a maximum of three decimal places) unless a different unit of measurement is required.

• Regulation 19 omits the requirement for intermediaries involved in the conclusion of contracts for the supply of qualifying nuclear material to retain records of the transaction.

• Regulation 21(b) replaces the requirement to provide the ONR with an initial stock list of conditioned and retained waste that is treated or stored with a requirement to provide the most recently updated stock list, on request.

• Regulation 22 harmonises the requirements for the declaration of the transfer of conditioned or retained waste into or out of a qualifying nuclear facility.

• Regulation 24 replaces the exemption from the 2019 Regulations for persons who hold only end products which are used for non-nuclear purposes with an exemption that applies in respect of such products.

• Regulation 27 omits the requirement for ONR to provide an annual report to the Secretary of State.

• Regulation 28(a) and (b) provides that failure to comply with regulations 3(2A) or 5(3) of the 2019 Regulations constitutes an offence.

• Regulation 32(a) and (d) specifies additional requirements for an accountancy and control system relating to staffing, equipment, resources and other arrangements.

• Regulation 33(b)(ii) omits the requirement to update the accounting records retained under paragraph 8(1) of Schedule 4 to the 2019 Regulations.

• Regulation 36(a)(i), (b) and (e) inserts provision in the 2021 Regulations for the charging of fees in respect of the ONR’s functions under regulations 3(2A), 5(5) and (7) and 29(2) of the 2019 Regulations.

The following amendments alter the time periods applicable to existing obligations in the 2019 Regulations—

• Regulations 4(2)(d) and 23(2)(b)(ii) shorten the period in which an operator must inform the ONR of a change in design information.

• Regulations 7(c), 18, 21(c), 33(b)(i)(bb) extend the period for which operators must retain specified information.

• Regulation 9(c) shortens the period in which an operator must send the ONR an amended accountancy and control plan.

• Regulations 16 and 17 increase the number of days’ notice operators must give the ONR for exports and imports of qualifying nuclear material.

• Regulation 29(a) extends the deadline by which persons must provide notice to the Secretary of State of the receipt or production of relevant items or qualifying nuclear material, and increases the number of days’ notice required for the proposed transfer of such items or material.

The remainder of the Regulations make amendments that are consequential to the amendments mentioned above, except for regulation 37 which makes transitional provision.

A full impact assessment has not been produced for the Regulations as no, or no significant, impact on the private, voluntary or public sector is foreseen.

Footnotes

[^f00001]: 2013 c. 32. Section 75 was amended by S.I. 2022/500 and S.I. 2023/149. Section 76A was inserted by the Nuclear Safeguards Act 2018 (c. 15), section 1(2).

[^f00002]: Section 113(2)(a) was amended by paragraph 9(2)(a) of the Schedule to the Nuclear Safeguards Act 2018 (c. 15). Section 113(3)(c) was amended by paragraph 9(3) of the Schedule to that Act.

[^f00003]: S.I. 2019/196.

[^f00004]: “Relevant international agreement” is defined in section 112(1) of the Energy Act 2013 as having the meaning given in section 112(1A), which refers to agreements specified in regulations under subsection (1B). Regulation 3 of the Nuclear Safeguards (Fissionable Material and Relevant International Agreements) (EU Exit) Regulations 2019 (S.I. 2019/195) specifies agreements for this purpose.

[^f00005]: S.I. 2021/1406.