Energy Bill (HC Bill 100)

Content of a staff transfer scheme

4 (1) A staff transfer scheme may make provision for giving full effect to an
employee’s transfer into the employment of the ONR as a result of the
scheme.

(2) 5Provision made by virtue of sub-paragraph (1) may include provision—

(a) that has the same or similar effect as the TUPE regulations (so far as
those regulations do not apply in relation to the transfer);

(b) modifying the law (including provision made by an Act or
subordinate legislation) applicable to the employee’s employment;

(c) 10about the pension entitlements of the employee enjoyed
immediately before the transfer.

5 (1) A staff transfer scheme may apply to all, or to any specified class or
description of, the employees falling within paragraph 4(2) or to specified
employees so falling.

(2) 15“Specified” means specified in the scheme.

6 (1) A staff transfer scheme may make provision enabling an employee to object
to the transfer which would otherwise be effected by the scheme including
provision as to how such an objection is to be made and as to the
consequences of it.

(2) 20A staff transfer scheme may make provision allowing an employee to be
treated as being temporarily assigned to the ONR for a period limited by the
scheme, whether at the employee’s election or in the exercise of a discretion
conferred on the Secretary of State by the scheme.

(3) Provision made by virtue of sub-paragraph (2) may include provision—

(a) 25allowing the employee to elect to end the period of temporary
assignment by agreeing to become an employee of the ONR or by
objecting to the transfer under sub-paragraph (1);

(b) as to the consequences of the expiry of the period of temporary
assignment without such an election having been made;

(c) 30as to the employee’s pay (and the liability to pay it) and the terms
and conditions on which the employee is engaged.

Part 3 Property transfer schemes

Power to make property transfer schemes

7 (1) 35The Secretary of State may make one or more schemes transferring
qualifying property, rights and liabilities of the HSE to the ONR.

(2) The Secretary of State may make one or more schemes transferring
qualifying property, rights and liabilities of the Secretary of State to the
ONR.

(3) 40A scheme under sub-paragraph (1) or (2) is referred to in this Schedule as a
“property transfer scheme”.

8 The HSE may submit to the Secretary of State proposals about the exercise
of the power to make property transfer schemes.

Qualifying property

9 (1) References in this Part to “qualifying property, rights and liabilities” are to
property held, and rights and liabilities arising, in connection with—

(a) functions under any enactment which were functions of the
5Secretary of State or the HSE and as a result of this Act have or are to
become functions of the ONR;

(b) functions which were functions of the Secretary of State or the HSE
which have been or are to be replaced by a function of the ONR
under this Act;

(c) 10functions which were carried out by the HSE under an agreement
under section 13 of the 1974 Act and which are to be carried out by
ONR under an agreement under section 69.

(2) Rights and liabilities arising under or in connection with a contract of
employment in effect when the scheme comes into force are excluded from
15the rights and liabilities which may be transferred under a property transfer
scheme.

Content of a property transfer scheme

10 (1) A property transfer scheme may, in particular, make provision—

(a) for anything done by or in relation to the HSE or the Secretary of
20State in connection with any property, rights or liabilities transferred
by the scheme to be treated as done, or to be continued, by or in
relation to the ONR;

(b) for references to the HSE or the Secretary of State in any agreement
(whether written or not), instrument or other document relating to
25any property, rights or liabilities transferred by the scheme to be
treated as references to the ONR;

(c) about the continuation of legal proceedings;

(d) for transferring property, rights or liabilities which could not
otherwise be transferred or assigned;

(e) 30for transferring property, rights and liabilities irrespective of any
requirement for consent which would otherwise apply;

(f) for preventing a right of pre-emption, right of reverter, right of
forfeiture, right to compensation or other similar right from arising
or becoming exercisable as a result of the transfer of property, rights
35or liabilities;

(g) for dispensing with any formality in relation to the transfer of
property, rights or liabilities by the scheme

(h) for transferring property acquired, or rights or liabilities arising,
after the scheme is made but before it takes effect;

(i) 40for apportioning property, rights or liabilities;

(j) for creating rights, or imposing liabilities, in connection with
property, rights or liabilities transferred by the scheme;

(k) for requiring the ONR to enter into any agreement of any kind, or for
a purpose, specified in or determined in accordance with the scheme.

(2) 45Sub-paragraph (1)(b) does not apply to references in primary legislation or
in subordinate legislation.

(3) In this Part “property” includes interests of any description.

Compensation

11 A scheme may contain provision for the payment of compensation by the
Secretary of State to any person whose interests are adversely affected by it.

Part 4 5Procedure for making or modifying schemes under this Schedule

12 (1) Before making a staff transfer scheme or a property transfer scheme, the
Secretary of State must be satisfied that—

(a) those persons that the Secretary of State considers likely to be
affected by the making of the scheme, and

(b) 10such other persons as appear to the Secretary of State to represent the
interests of such persons,

have been consulted (whether by the Secretary of State or another person)
and must have regard to the results of the consultation in determining
whether to make the scheme.

(2) 15Sub-paragraph (3) applies where—

(a) the Secretary of State is proposing to make a modification to a staff
transfer scheme or a property transfer scheme under section 122,

(b) it appears to the Secretary of State that the modification is likely to
have a material effect on any person, and

(c) 20the Secretary of State is not required under subsection (3) of that
section to obtain the agreement of those persons before making the
modification.

(3) Before making the modification, the Secretary of State must be satisfied
that—

(a) 25any person or persons falling within sub-paragraph (2)(b), and

(b) such other persons as appear to the Secretary of State to represent the
interests of such persons,

have been consulted (whether by the Secretary of State or another person)
and must have regard to the results of the consultation in determining
30whether to make the modification.

(4) For the purposes of this paragraph it does not matter whether consultation
takes place before or after the passing of this Act.

Section 12

SCHEDULE 12 Minor and consequential amendments relating to Part 2

35Part 1 Amendments of the Health and Safety at Work etc. Act 1974

Health and Safety at Work etc. Act 1974 (c.37)1974 (c.37)

1 The Health and Safety at Work etc. Act 1974 is amended as follows.

2 (1) Section 11 (functions of the Health and Safety Executive) is amended as
follows.

(2) In subsection (4)—

(a) in paragraph (a), for “the railway safety purposes” substitute “any of
5the transferred purposes”, and

(b) in paragraph (b), for the words following “made” substitute “—

(i) for any of the transferred purposes, or

(ii) under section 43 and concern fees relating to
nuclear site regulation.”

(3) 10After that subsection insert—

“(4A) In subsection (4)—

(a) “the transferred purposes” means—

(i) the railway safety purposes;

(ii) the nuclear safety purposes;

(iii) 15the nuclear security purposes;

(iv) the nuclear safeguards purposes;

(v) the radioactive material transport purposes;

(b) “fees relating to nuclear site regulation” means fees payable
for or in connection with the performance of a function by or
20on behalf of—

(i) the Office for Nuclear Regulation, or

(ii) any inspector appointed by the Office for Nuclear
Regulation.

(4B) The Executive may submit to the Secretary of State any proposal
25submitted to it by the Office for Nuclear Regulation under section 60
of the Energy Act 2013 (proposals about orders and regulations).”

3 In section 13 (powers of the Executive), after subsection (6) insert—

“(6A) The reference in subsection (6) to the general purposes of this Part
does not include a reference to any of the following—

(a) 30the nuclear safety purposes;

(b) the nuclear security purposes;

(c) the nuclear safeguards purposes;

(d) the radioactive material transport purposes.”

4 (1) Section 14 (power of the Executive to direct investigations and inquiries) is
35amended as follows.

(2) In subsection (1)(a), after “railway safety purposes” insert “or the ONR’s
purposes”.

(3) After subsection (4) insert—

“(4A) Provision that may be made by virtue of subsection (4)(a) includes in
40particular, provision conferring functions on the Office for Nuclear
Regulation in relation to powers of entry and inspection in relation
to any premises for which it is an enforcing authority.”

5 (1) Section 15 (health and safety regulations) is amended as follows.

(2) After subsection (1) insert—

“(1A) In subsection (1), the reference to the general purposes of this Part
does not include a reference to any of the following—

(a) the nuclear safety purposes;

(b) 5the nuclear security purposes;

(c) the nuclear safeguards purposes;

(d) the radioactive material transport purposes.

(1B) Subsection (1A) does not preclude health and safety regulations
from including provision merely because the provision could be
10made for any of the purposes mentioned in paragraphs (a) to (d) of
that subsection.”

(3) In subsection (2), for “the preceding subsection” substitute “subsection (1)”.

(4) In subsection (3)(c), after “may” insert “, subject to subsection (3A),”.

(5) After subsection (3) insert—

“(3A) 15Nothing in this section is to be taken to permit health and safety
regulations to make provision about responsibility for the
enforcement of any of the relevant statutory provisions as they apply
in relation to any GB nuclear site.

(3B) Subsection (3A) does not prevent health and safety regulations
20providing for the Office of Rail Regulation to be responsible for the
enforcement, in relation to GB nuclear sites, of any of the relevant
statutory provisions that are made for the railway safety purposes.

(3C) In subsections (3A) and (3B), “GB nuclear site” has the same meaning
as in section 48 of the Energy Act 2013 (nuclear safety purposes).”

6 (1) 25Section 18 (authorities responsible for enforcement of the relevant statutory
provisions) is amended as follows.

(2) After subsection (1) insert—

“(1A) The Office for Nuclear Regulation is responsible for the enforcement
of the relevant statutory provisions as they apply in relation to GB
30nuclear sites (within the meaning given in section 48 of the Energy
Act 2013 (nuclear safety purposes)).

(1B) Subsection (1A) is subject to any provision of health and safety
regulations making the Office of Rail Regulation responsible for the
enforcement of any of the relevant statutory provisions to any extent
35in relation to such sites.”

(3) In subsection (2)—

(a) before paragraph (a) insert—

“(za) make the Office for Nuclear Regulation responsible
for the enforcement of the relevant statutory
40provisions to such extent as may be prescribed (and
may in particular provide for any site or matter in
relation to which the Office for Nuclear Regulation is
made so responsible to be determined by the
Secretary of State or the Office for Nuclear Regulation
45under the regulations);”;

(b) in paragraph (b), before sub-paragraph (i) insert—

“(zi) transferred from the Executive or local
authorities to the Office for Nuclear
Regulation, or from the Office for Nuclear
5Regulation to the Executive or local
authorities;”;

(c) in paragraph (b)(ii)—

(i) after “Executive” insert “, to the Office for Nuclear
Regulation”;

(ii) 10after “by virtue of” insert “subsection (1A) or”.

(4) After subsection (3) insert—

“(3A) Regulations under subsection (2)(a) may not make local authorities
enforcing authorities in relation to any site in relation to which the
Office for Nuclear Regulation is an enforcing authority.

(3B) 15Where the Office for Nuclear Regulation is, by or under subsection
(1A) or (2), made responsible for the enforcement of any of the
relevant statutory provisions to any extent, it must make adequate
arrangements for the enforcement of those provisions to that extent.”

(5) In subsection (5) in the opening words, after “the Executive” insert “, the
20Office for Nuclear Regulation”.

(6) In subsection (7), in the words following paragraph (b)—

(a) after “section 13” insert “of this Act or section 74 of the Energy Act
2013 (power for Office for Nuclear Regulation to arrange for exercise
of functions by others)”;

(b) 25after “the Executive” (in the first and third places) insert “or the
Office for Nuclear Regulation”;

(c) after “the Executive” (in the second place) insert “or the Office for
Nuclear Regulation (as the case may be)”;

(d) for “under that subsection” substitute “or arrangements under the
30provision in question”.

7 In section 27 (obtaining of information by the Executive, enforcing
authorities etc), in subsection (1)(b), after “an enforcing authority” insert
“other than the Office for Nuclear Regulation”.

8 In section 27A (information communicated by Commissioners for Revenue
35and Customs), in subsection (2), at the end insert “, other than the Office for
Nuclear Regulation or an inspector appointed by the Office for Nuclear
Regulation”.

9 (1) Section 28 (restrictions on disclosure of information) is amended as follows.

(2) In subsection (1)(a), after “to any person” insert “, other than the Office for
40Nuclear Regulation (or an inspector appointed by it),”.

(3) In subsection (3)(a), after “Executive” insert “, the Office for Nuclear
Regulation,”.

(4) In subsection (4)—

(a) in the opening words—

(i) 45after “Executive” (in the first place), insert “, the Office for
Nuclear Regulation,”;

(ii) after “Executive” (in the second place), insert “or the Office
for Nuclear Regulation”;

(b) in paragraph (a), after “Executive” insert “or Office for Nuclear
Regulation” and after “section 13(3)” insert “of this Act or, as the case
5may be, section 74 of the Energy Act 2013”;

(c) in paragraph (c), at the end insert “or, in the case of the Office for
Nuclear Regulation, a person providing advice to that body.”.

(5) In subsection (5)(a), after “Executive” insert “, of the Office for Nuclear
Regulation”.

(6) 10After subsection (9A) insert—

“(9B) Nothing in subsection (7) or (9) applies to a person appointed as an
inspector by the Office for Nuclear Regulation in relation to
functions which the person has by virtue of that appointment.”

10 (1) Section 44 (appeals in connection with licensing provisions in the relevant
15statutory provisions) is amended as follows.

(2) In subsection (1), omit “(other than nuclear site licences”).

(3) In subsection (7)—

(a) in paragraph (a) omit “other than a nuclear site licence”;

(b) omit paragraph (b).

(4) 20Omit subsection (8).

11 (1) Section 50 (regulations under the relevant statutory provisions) is amended
as follows.

(2) In subsection (1AA), for the words following “unless” substitute “the
Secretary of State has consulted—

“(a) 25the Executive,

(b) the Office for Nuclear Regulation, and

(c) such other bodies as appear to the Secretary of State to be
appropriate.”

(3) In subsection (2), for “the Executive” substitute “—

(a) 30the Executive, and

(b) the Office for Nuclear Regulation.”

(4) In subsection (3), before paragraph (a) insert—

“(za) the Office for Nuclear Regulation;”.

(5) After subsection (3) insert—

“(4) 35If the Executive has consulted the Office for Nuclear Regulation
under subsection (3) in relation to a proposal under section 11(3) for
regulations under any of the relevant statutory provisions, it must,
when it submits the proposal (with or without modification) to the
Secretary of State, also submit—

(a) 40any representations made by the Office for Nuclear
Regulation in response to the consultation, and

(b) any response to those representations given by the Executive
to the Office for Nuclear Regulation.

(5) The preceding provisions of this section do not apply to the exercise
of the power in section 43 to make ONR fees regulations, but the
Secretary of State must consult the Office for Nuclear Regulation
before—

(a) 5making ONR fees regulations independently of any
proposals submitted by the Office for Nuclear Regulation
under section 60(1) of the Energy Act 2013, or

(b) making ONR fees regulations which give effect to such
proposals but with modifications.

(6) 10In subsection (5) “ONR fees regulations” means regulations under
section 43 so far as they make provision in relation to fees payable for
or in connection with the performance of a function by or on behalf
of—

(a) the Office for Nuclear Regulation, or

(b) 15any inspector appointed by the Office for Nuclear
Regulation.”

12 In section 53(1) (general interpretation of Part 1)—

(a) after the definition of “micro-organism” insert—

• ““nuclear safeguards purposes” has the same meaning
  20as in Part 2 of the Energy Act 2013 (nuclear regulation
  etc.) (see section 52 of that Act);

• “nuclear safety purposes” has the same meaning as in
  that Part of that Act (see section 48 of that Act);

• “nuclear security purposes” has the same meaning as in
  25that Part of that Act (see section 50 of that Act);”;

(b) after the definition of “offshore installation” insert—

• ““the ONR’s purposes” has the same meaning as in Part
  2 of the Energy Act 2013 (see section 47 of that Act);”;

(c) after the definition of “prohibition notice” insert—

• 30““the radioactive material transport purposes” means
  the transport purposes within the meaning of Part 2
  of the Energy Act 2013 (see section 53 of that Act);”.

13 In Schedule 1 (existing enactments which are relevant statutory provisions),
omit the entry relating to the Nuclear Installations Act 1965.

14 (1) 35Schedule 2 (constitution etc. of the Health and Safety Executive) is amended
as follows.

(2) In paragraph 1(b) for “eleven” substitute “twelve”.

(3) In paragraph 2(2), at the beginning insert “Subject to sub-paragraph (3A),”.

(4) After paragraph 2(3) insert—

“(3A) 40The Office for Nuclear Regulation may appoint a member from
among the non-executive members of the Office for Nuclear
Regulation (“an ONR member”).

(3B) The Office for Nuclear Regulation must notify the Executive and
the Secretary of State whenever it appoints an ONR member.”.

(5) 45In paragraph 3, after “4” insert “, 4A”.

(6) In paragraph 4, after “Executive” insert “, other than an ONR member,”.

(7) After paragraph 4 insert—

“4A (1) An ONR member may at any time resign from office by giving
notice in writing to the Office for Nuclear Regulation.

(2) An ONR member ceases to be a member of the Executive upon
5ceasing to be a non-executive member of the Office for Nuclear
Regulation.

(3) The Office for Nuclear Regulation may remove an ONR member
from office by giving notice in writing.

(4) The Office for Nuclear Regulation must notify the Executive and
10the Secretary of State whenever an ONR member—

(a) resigns from office,

(b) ceases to be a non-executive member of the Office for
Nuclear Regulation, or

(c) is removed from office.”.

(8) 15In paragraph 5, after “member” insert “, other than an ONR member,”.

(9) Paragraph 6 is amended as follows.

(10) In sub-paragraph (1), for the words following “pay” substitute “—

(a) to each member, other than an ONR member, such
remuneration, and

(b) 20to each member such travelling and other allowances,

as may be determined by the Secretary of State.”

(11) In sub-paragraph (2), after “member” insert “other than an ONR member”.

(12) In sub-paragraph (3), after “member” insert “other than an ONR member”.

(13) After that sub-paragraph insert—

“(4) 25Where—

(a) a member appointed under paragraph 4(4)(a) of Schedule
7 to the Energy Act 2013 to be a member of the Office for
Nuclear Regulation (the “HSE member of the ONR”)—

(i) ceases to be the HSE member of the ONR otherwise
30than on the expiry of his or her term of office as
HSE member of the ONR, but

(ii) does not cease to be a member of the Executive, and

(b) it appears to the Executive that there are special
circumstances that make it right for that person to receive
35compensation,

the Executive may pay the member such amount by way of
compensation as the Secretary of State may determine.”

Part 2 Nuclear safety

40Nuclear Installations Act 1965 (c. 57)1965 (c. 57)

15 The Nuclear Installations Act 1965 is amended as follows.

16 (1) Section 1 (restriction of certain nuclear installations to licensed sites) is
amended as follows.

(2) In subsection (1), for “Minister” substitute “appropriate national authority”.

(3) In subsection (3), at the end insert “and liable—

(a) 5on conviction on indictment to imprisonment for a term not
exceeding 2 years, or a fine, or both;

(b) on summary conviction to imprisonment for a term not
exceeding 12 months (in England and Wales or Scotland) or
6 months (in Northern Ireland), or a fine not exceeding
10£20,000, or both.

(7A) In relation to an offence committed before the commencement of
section 154(1) of the Criminal Justice Act 2003 (general limit on
magistrates’ court’s power to imprison), the reference to 12 months
in subsection (3)(b), as it has effect in England and Wales, is to be
15read as a reference to 6 months.”

17 (1) Section 3 (grant and variation of nuclear site licences) is amended as follows.

(2) For subsection (1A) substitute—

“(1A) The appropriate national authority must consult the appropriate
environment authority before granting a nuclear site licence.”

(3) 20In subsection (2), for “Minister” substitute “appropriate national authority”.

(4) In subsection (3)—

(a) for “Minister”, in each place where it appears, substitute
“appropriate national authority”;

(b) for “he”, in each place where it appears, substitute “it”.

(5) 25In subsection (6) for “Minister”, in both places where it appears, substitute
“appropriate national authority”.

(6) For subsection (6A) substitute—

“(6A) The appropriate national authority must consult the appropriate
environment authority before varying a nuclear site licence if the
30variation relates to or affects the creation, accumulation or disposal
of radioactive waste.

(6B) In subsection (6A), “radioactive waste”—

(a) in relation to a site in England or Wales, has same meaning as
in the Environmental Permitting (England and Wales)
35Regulations 2010 (S.I. 2010/675S.I. 2010/675);

(b) in relation to a site in Scotland or Northern Ireland, has the
same meaning as in the Radioactive Substances Act 1993.”

18 (1) Section 4 (attachment of conditions to licences) is amended as follows.

(2) In subsections (1) to (3) for “Minister”, in each place where it appears,
40substitute “appropriate national authority”.

(3) For subsection (3A) substitute—

“(3A) The appropriate national authority must consult the appropriate
environment authority before—