Energy Bill (HC Bill 100)

(a) attaching any condition to a nuclear site licence, or

(b) varying or revoking any condition attached to a nuclear site
licence,

if the condition relates to or affects the creation, accumulation or
5disposal of radioactive waste.

(3B) In subsection (3A), “radioactive waste”—

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

(b) 10in relation to a site in Scotland or Northern Ireland, has the
same meaning as in the Radioactive Substances Act 1993.”

(4) In subsection (4)—

(a) for “Minister” substitute “appropriate national authority”;

(b) for “him”, in both places where it appears, substitute “it”;

(c) 15for “his” substitute “its”.

(5) Omit subsection (5) (requirement to display licence conditions on site).

(6) For subsection (6) substitute—

“(6) Where a condition attached to a nuclear site licence by virtue of this
section is contravened, each person within subsection (7) is guilty of
20an offence and liable—

(a) on 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, or a fine not exceeding £20,000, or both.

(7) 25Those persons are—

(a) the licensee, and

(b) any person having duties upon the site in question who
committed the contravention.

(8) In relation to an offence committed before the commencement of
30section 154(1) of the Criminal Justice Act 2003 (general limit on
magistrates’ court’s power to imprison), the reference to 12 months
in subsection (6)(b), as it has effect in England and Wales, is to be
read as a reference to 6 months.”

19 (1) Section 5 (revocation and surrender of licences) is amended as follows.

(2) 35In subsection (1) for “Minister” substitute “appropriate national authority”.

(3) For subsection (1A) substitute—

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

(4) In subsection (2) for “Minister”, in each place where it appears, substitute
40“appropriate national authority”.

(5) In subsection (3)—

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

(b) after paragraph (b) insert—

“(c) the date when the following conditions have both
become satisfied—

(i) the site in question or, as the case may be, that
5part of it is used or occupied by or on behalf of
the Crown, and

(ii) a nuclear site licence has ceased to be required
in respect of that site or part,”.

(6) In subsection (4)—

(a) 10the words following “offence” in the first place it appears become
subsection (4B);

(b) at the end of subsection (4) (as so amended) insert “and liable—

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

(b) 15on summary conviction to imprisonment for a term
not exceeding 12 months, or a fine not exceeding
£20,000, or both.”;

(c) after that subsection (as so amended) insert—

“(4A) In relation to an offence committed before the
20commencement 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 (4)(b), as
it has effect in England and Wales, is to be read as a reference
to 6 months.”;

(d) 25for “and any” at the beginning of subsection (4B) substitute “Any”.

20 (1) Section 22 (reporting of and inquiries into dangerous occurrences) is
amended as follows.

(2) In subsection (2)—

(a) for “Minister” substitute “appropriate national authority”;

(b) 30at the end insert “and liable—

(a) on 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, or a fine not exceeding
35£20,000, or both.”

(3) After that subsection insert—

“(2A) 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
40in subsection (2)(b), as it has effect in England and Wales, is to be
read as a reference to 6 months.”

21 In section 24 (inspectors), for “provisions which are mentioned in Schedule
1 to the Health and Safety at Work etc. Act 1974” substitute “sections 1, 3 to
6, 22 and 24A of this Act”.

22 (1) 45Section 24A (recovery of expenses by Health and Safety Executive) is
amended as follows.

(2) In subsection (1)—

(a) for “Health and Safety Executive (“the Executive”) which the
Executive may” substitute “ONR which the ONR may”;

(b) in paragraph (a) for “such of the provisions of this Act as are
mentioned in Schedule 1 to the Health and Safety at Work etc Act
51974” substitute “sections 1, 3 to 6 and 22, and this section of this
Act”.

(3) In subsection (2)—

(a) for “Executive” substitute “ONR”;

(b) for “the Health and Safety at Work etc. Act 1974” substitute
10“Schedule 8 to the Energy Act 2013”.

(4) In subsections (3), (4) and (6) to (8) for “Executive”, in each place where it
appears, substitute “ONR”.

(5) In the heading, for “Health and Safety Executive” substitute “ONR”.

23 (1) Section 26 (interpretation) is amended as follows.

(2) 15For the definition of “the appropriate Agency” substitute—

• “the appropriate environment authority” means—

  (a)

  in the case of a site in England or Wales, the
  Environment Agency;

  (b)

  in the case of a site in Scotland, the Scottish
  20Environment Protection Agency;

  (c)

  in the case of a site in Northern Ireland, the
  Department of Environment in Northern Ireland;

• “the appropriate national authority” means—

  (a)

  in relation to England and Wales and Scotland, the
  25ONR;

  (b)

  in relation to Northern Ireland, the Secretary of
  State;”.

(3) For the definition of “inspector” substitute—

• ““inspector” in sections 4(5) and 5(2) of this Act means—

  (a)

  30in relation to England and Wales and Scotland, an
  inspector appointed by the ONR under Schedule 8 to
  the Energy Act 2013 (inspectors);

  (b)

  in relation to Northern Ireland, an inspector
  appointed under section 24 of this Act;”.

(4) 35After the definition of “occurrence” insert—

• “ONR” means the Office for Nuclear Regulation;”.

24 In section 27 (Northern Ireland) omit subsection (1)(b).

25 In Schedule 1 (security provisions applicable by order under section 2), in
paragraph 3(2)(cc), for “section 19 of the Health and Safety at Work etc. Act
401974” substitute “Schedule 8 to the Energy Act 2013”.

Part 3 Nuclear security

Anti-terrorism, Crime and Security Act 2001 (c. 24)2001 (c. 24)

26 The Anti-terrorism, Crime and Security Act 2001 is amended as follows.

27 (1) 5Section 77 (regulation of security of civil nuclear industry) is amended as
follows.

(2) In subsection (3)(a)(ii), for the words following “term” substitute “not
exceeding 12 months (in England and Wales or Scotland) or 6 months (in
Northern Ireland), or a fine not exceeding £20,000, or both”.

(3) 10After that subsection insert—

“(3A) 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)(a)(ii), as it has effect in England and Wales, is to be
15read as a reference to 6 months.”

(4) In subsection (5)(a), for “the Health and Safety Executive” substitute “the
Office for Nuclear Regulation”.

28 (1) Section 80 (prohibition of disclosures of uranium enrichment technology), is
amended as follows.

(2) 20In subsection (4)(b), after “the Secretary of State” insert “or the Office for
Nuclear Regulation”.

(3) After subsection (7) insert—

“(7A) The Secretary of State must consult the Office for Nuclear Regulation
before laying a draft of the regulations, unless they give effect,
25without modification, to any proposals for them submitted by the
Office for Nuclear Regulation under section 60(1)(a)(v) of the Energy
Act 2013.”

Part 4 Nuclear safeguards

30Atomic Energy Act 1946 (c. 80)1946 (c. 80)

29 The Atomic Energy Act 1946 is amended as follows.

30 (1) Section 4 (power to obtain information of materials, plants and processes) is
amended as follows.

(2) In subsection (1), at the beginning insert “Subject to subsection (1A)”.

(3) 35After subsection (1) insert—

“(1A) No notice may be served under subsection (1) which imposes a
requirement which could be imposed—

(a) by a notice served by the Office for Nuclear Regulation under
section 76 of the Energy Act 2013 (power of ONR to obtain
information), or

(b) by an authorised inspector under paragraph 15 of Schedule 8
5to that Act (power of inspectors to require information and
documents).”.

31 (1) Section 5 (power of entry and inspection) is amended as follows.

(2) In subsection (1), at the beginning insert “Subject to subsection (1A)”.

(3) After subsection (1) insert—

“(1A) 10No authorisation to enter or inspect any premises may be given by
the Minister to any person under subsection (1) if such authorisation
could be given by the Office for Nuclear Regulation to an inspector
under Part 1 of Schedule 8 to the Energy Act 2013 (appointment and
powers of inspectors).”.

32 15In section 11 (restriction on disclosure of information relating to plant), after
subsection (2) insert—

“(2A) The communication of information is not an offence under this
section if it is—

(a) communication to the Office for Nuclear Regulation of
20information required under section 76 of the Energy Act 2013
(power of ONR to obtain information), or any subsequent
communication of that information by the Office for Nuclear
Regulation, or

(b) communication to an authorised inspector of information
25required by the inspector under paragraph 15 of Schedule 8
to that Act (power of inspectors to require information and
documents), or any subsequent communication of that
information by an inspector.”.

33 In section 18 (definitions), in subsection (1), after the definition of “atomic
30energy” insert—

• ““inspector” means an inspector appointed under Schedule 8 to
  the Energy Act 2013; and “authorised”, in relation to such an
  inspector, is to be construed in accordance with paragraph
  2(4) of that Schedule;”.

35Nuclear Safeguards and Electricity (Finance) Act 1978 (c. 25)1978 (c. 25)

34 The Nuclear Safeguards and Electricity (Finance) Act 1978 is amended as
follows.

35 In section 2 (rights of International Atomic Energy Agency inspectors), in
subsection (8) for “Secretary of State” substitute “Office for Nuclear
40Regulation”.

36 In section 3 (regulations for giving effect to certain provisions of Safeguards
Agreement) —

(a) after subsection (1) insert—

“(1A) Regulations under this section may in particular modify
45functions of, or confer functions on, the Office for Nuclear
Regulation.”;

(b) after subsection (2) insert—

“(2A) The Secretary of State must consult the Office for Nuclear
Regulation before making regulations under this section
unless the regulations give effect, without modification, to
5any proposals for them submitted by the Office for Nuclear
Regulation under section 60(1)(a)(v) of the Energy Act 2013.”

Nuclear Safeguards Act 2000 (c. 5)2000 (c. 5)

37 The Nuclear Safeguards Act 2000 is amended as follows.

38 (1) Section 1(1) (interpretation) is amended as follows.

(2) 10In the definition of “Additional Protocol information” after “Secretary of
State” insert “or the Office for Nuclear Regulation”.

(3) In the definition of “authorised officer” for “Secretary of State” substitute
“Office for Nuclear Regulation”.

39 (1) Section 2 (information and records for purposes of the Additional Protocol)
15is amended as follows.

(2) In subsection (1), for “Secretary of State” substitute “Office for Nuclear
Regulation”.

(3) In subsection (2), for “Secretary of State”, in both places where it appears,
substitute “Office for Nuclear Regulation”.

(4) 20In subsection (3)(a) for “Secretary of State” substitute “Office for Nuclear
Regulation”.

40 (1) Section 3 (identifying persons who have information) is amended as follows.

(2) In subsection (1), for “him” substitute “the Office for Nuclear Regulation”.

(3) In subsection (2)(b), for “Secretary of State” substitute “Office for Nuclear
25Regulation”.

(4) In subsection (3)(a), for “Secretary of State” substitute “Office for Nuclear
Regulation”.

(5) After subsection (3) insert—

“(3A) The Secretary of State must consult the Office for Nuclear Regulation
30before making regulations under this section unless the regulations
give effect, without modification, to any proposals for them
submitted by the Office for Nuclear Regulation under section
60(1)(a)(v) of the Energy Act 2013.”

(6) In subsection (5), for “Secretary of State” substitute “Office for Nuclear
35Regulation”.

41 (1) Section 4 (powers of entry in relation to Additional Protocol information) is
repealed.

(2) Sub-paragraph (1) does not affect the power in section 12(4) of the Nuclear
Safeguards Act 2000 to extend section 4 of that Act outside the United
40Kingdom.

42 (1) Section 5 (rights of access etc. for Agency inspectors) is amended as follows.

(2) After subsection (3) insert—

“(3A) The Secretary of State must consult the Office for Nuclear Regulation
before making an order under subsection (3) unless the order gives
effect, without modification, to any proposals for such an order
5submitted by the Office for Nuclear Regulation under section
60(1)(a)(v) of the Energy Act 2013.”

(3) In subsection (6) for “Secretary of State” substitute “Office for Nuclear
Regulation”.

43 In section 6 (restriction on disclosure), after subsection (3) insert—

“(3A) 10It is not an offence under this section to disclose information held by
the Office for Nuclear Regulation if the disclosure is not in
contravention of Part 2 of the Energy Act 2013.”.

44 In section 7 (giving false or misleading information), in paragraphs (a) and
(b) for “Secretary of State” substitute “Office for Nuclear Regulation”.

15Part 5 Other enactments

Parliamentary Commissioner Act 1967 (c. 13)1967 (c. 13)

45 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc
subject to investigation), at the appropriate place insert—

“(none) 20Office for Nuclear Regulation.”

House of Commons Disqualification Act 1975 (c. 24)1975 (c. 24)

46 (1) Schedule 1 to the House of Commons Disqualification Act 1975 is amended
as follows.

(2) In Part 2 (bodies of which all members are disqualified), at the appropriate
25place insert—

“(None) The Office for Nuclear Regulation.”

(3) In Part 3 (other disqualifying offices), at the appropriate place insert—

“(none) Member of staff of the Office for Nuclear Regulation (within
the meaning of Part 2 of the Energy Act 2013).”

30Northern Ireland Assembly Disqualification Act 1975 (c. 25)1975 (c. 25)

47 (1) Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 is
amended as follows.

(2) In Part 2 (bodies of which all members are disqualified), at the appropriate
place insert—

“(None) 35The Office for Nuclear Regulation.”

(3) In Part 3 (other disqualifying offices), at the appropriate place insert—

“(none) Member of staff of the Office for Nuclear Regulation (within
the meaning of Part 2 of the Energy Act 2013).”

Employment Protection Act 1975 (c.71)1975 (c.71)

48 In Schedule 15 to the Employment Protection Act 1975, omit paragraph 13
(amendments of section 44 of the Health and Safety at Work etc. Act 1974).

Civil Aviation Act 1982 (c. 16)1982 (c. 16)

49 5In section 23 of the Civil Aviation Act 1982 (disclosure of information), in
subsection (4), after paragraph (b) insert—

“(ba) by the CAA or a member or employee of the CAA—

(i) to, or to a member of, the Office for Nuclear
Regulation, or

(ii) 10to a member of staff of the Office for Nuclear
Regulation (within the meaning of Part 2 of the
Energy Act 2013);”.

Water Act 1989 (c. 15)1989 (c. 15)

50 In section 174 of the Water Act 1989 (general restrictions on disclosure of
15information), in subsection (2), after paragraph (g) insert—

“(ga) for the purpose of facilitating the carrying out by the Office
for Nuclear Regulation of any of its functions under any
enactment;”.

Radioactive Material (Road Transport) Act 1991 (c. 27)1991 (c. 27)

51 (1) 20The Radioactive Material (Road Transport) Act 1991, apart from section 1(1),
is repealed.

(2) In section 1(1) of that Act, for “In this Act” substitute “In this subsection
(which applies for the purposes of section E5 of Part 2 of Schedule 5 to the
Scotland Act 1998)”.

25Water Industry Act 1991 (c. 56)1991 (c. 56)

52 In section 206 of the Water Industry Act 1991 (restriction on disclosure of
information), in subsection (3), after paragraph (g) insert—

“(ga) for the purpose of facilitating the carrying out by the Office
for Nuclear Regulation of any of its functions under any
30enactment;”.

Water Resources Act 1991 (c. 57)1991 (c. 57)

53 In section 204 of the Water Resources Act 1991 (restriction on disclosure of
information), in subsection (2), after paragraph (g) insert—

“(ga) for the purpose of facilitating the carrying out by the Office
35for Nuclear Regulation of any of its functions under any
enactment;”.

Radioactive Substances Act 1993 (c. 12)1993 (c. 12)

54 The Radioactive Substances Act 1993 is amended as follows.

55 In section 16 (grant of authorisations), as it has effect in relation to Scotland,
40in subsection (4A)—

(a) in the opening words, omit “in any part of Great Britain”;

(b) in paragraph (a) for “Health and Safety Executive” substitute “Office
for Nuclear Regulation”.

56 In section 17 (revocation and variation of authorisations), as it has effect in
5relation to Scotland, in subsection (2A)—

(a) in the opening words omit “in any part of Great Britain”;

(b) in paragraph (a) for “Health and Safety Executive” substitute “Office
for Nuclear Regulation”.

Railways Act 1993 (c. 43)1993 (c. 43)

57 10In section 145 of the Railways Act 1993 (general restrictions on disclosure of
information), in subsection (2), after paragraph (e) insert—

“(ea) for the purpose of facilitating the carrying out by the Office
for Nuclear Regulation of any of its functions under any
enactment;”.

15Coal Industry Act 1994 (c. 21)1994 (c. 21)

58 In section 59(3)(e) of the Coal Industry Act 1994 (relevant authorities in
relation to all of their functions), after sub-paragraph (ii) insert—

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

Scotland Act 1998 (c. 46)1998 (c. 46)

59 20In Part 2 of Schedule 5 (specific reservations), in section D4 (nuclear energy),
after “occurrences.” insert—

“(none) The Office for Nuclear Regulation.”

Greater London Authority Act 1999 (c. 29)1999 (c. 29)

60 In section 235 of the Greater London Authority Act 1999 (restrictions on
25disclosure of information), in subsection (2), after paragraph (f) insert—

“(fa) for the purpose of facilitating the carrying out by the Office
for Nuclear Regulation of any of its functions under any
enactment;”.

Regulation of Investigatory Powers Act 2000 (c. 23)2000 (c. 23)

61 30In Part 1 of Schedule 1 to the Regulation of Investigatory Powers Act 2000
(relevant authorities for the purposes of sections 28 and 29), after paragraph
20G insert—

“20H The Office for Nuclear Regulation.”

Freedom of Information Act 2000 (c. 36)2000 (c. 36)

62 35In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public
authorities), at the appropriate place insert—

“(None) The Office for Nuclear Regulation.”

Transport Act 2000 (c. 38)2000 (c. 38)

63 In Schedule 9 to the Transport Act 2000 (air traffic: information), in
paragraph 3(1), after paragraph (f) insert—

“(fa) for the purpose of facilitating the carrying out by the Office
5for Nuclear Regulation of any of its functions under any
enactment;”.

Civil Contingencies Act 2004 (c. 36)2004 (c. 36)

64 In Part 1 of Schedule 1 to the Civil Contingencies Act 2004 (category 1
responders: general), before paragraph 12 insert—

“11B 10The Office for Nuclear Regulation.”

Fire (Scotland) Act 2005 (asp. 5)2005 (asp. 5)

65 (1) Section 61 of the Fire (Scotland) Act 2005 (enforcing authorities) is amended
as follows.

(2) In subsection (7), for “Health and Safety Executive” (in both places)
15substitute “appropriate body”.

(3) After that subsection insert—

“(7A) For the purposes of subsection (7), “appropriate body” means—

(a) in relation to a workplace which is, or is on, premises for
which it is the enforcing authority, the Office for Nuclear
20Regulation;

(b) in relation to any other workplace, the Health and Safety
Executive.”

(4) Subsection (9) is amended as follows.

(5) In paragraph (za)—

(a) 25omit sub-paragraphs (i) and (ii);

(b) for sub-paragraph (iv) substitute—

“(iv) which are a workplace which is, or is on, a
construction site, other than one in relation to
which the Office for Nuclear Regulation is
30responsible for health and safety
enforcement;”.

(6) After that paragraph insert—

“(zaa) in relation to relevant premises—

(i) for which a licence is required by virtue of section 1 of
35the Nuclear Installations Act 1965 or for which a
permit is required by virtue of section 2 of that Act;

(ii) for which such a licence or permit would be required
but for the fact that the premises are used by, or on
behalf of, the Crown; or

(iii) 40which are a workplace which is, or is on, a
construction site in relation to which the Office for
Nuclear Regulation is responsible for health and
safety enforcement,

the Office for Nuclear Regulation;”.