Energy Bill (HC Bill 100)

(4) Those conditions are that the generating station—

(a) is constructed pursuant to a relevant consent given or made on or after
the date on which subsection (1) comes into force, and

(b) uses—

(i) 5fossil fuel, or

(ii) fuel produced by gasification plant.

(5) Subsection (1) is subject to any provision made by or under regulations made
under subsection (6).

(6) The Secretary of State may by regulations—

(a) 10make provision about the interpretation of the duty imposed by
subsection (1) (“the emissions limit duty”);

(b) make any provision mentioned in Schedule 4 (application of emissions
limit duty to additional cases or subject to modifications).

(7) Regulations under subsection (6)(a) may, in particular, make provision—

(a) 15for determining whether gasification plant or CCS plant (including any
CCS plant associated with gasification plant) is associated with a
generating station;

(b) for determining the emissions from fossil fuel plant;

(c) for the use of fossil fuel—

(i) 20for operating plant that is ancillary to a generating station for
safety purposes, or in an emergency, or

(ii) by a network generating station at a time when it is not
exporting to a network,

to be disregarded for any of the purposes of this Chapter;

(d) 25for determining (whether by apportionment or otherwise) which
emissions from fossil fuel plant are attributable to the use of fossil fuel;

(e) for determining when plant ceases to be, or to be part of, fossil fuel
plant;

(f) specifying the meaning of any of the following expressions—

(i) 30“operator”, in relation to fossil fuel plant;

(ii) “installed generating capacity”;

(iii) “constructed pursuant to a relevant consent”, in relation to an
electricity generating station;

(g) specifying any category of emissions by reference to provision made, or
35that may from time to time be made, by or under regulations
implementing the ETS Directive.

(8) Provision that may be made by virtue of subsection (7)(d) includes provision
for treating emissions attributable to the supply of heat to customers from
combined heat and power plant as not being attributable to the use of fossil
40fuel.

39 Suspension etc of emissions limit in exceptional circumstances

(1) This section applies where an appropriate authority considers that there is an
electricity shortfall, or a significant risk of an electricity shortfall.

(2) Where this section applies, the appropriate authority may direct that, in
45relation to relevant plant, the emissions duty is to be treated as—

(a) suspended for a period specified in the direction, or

(b) modified for a period specified in the direction.

(3) For the purposes of this section, there is an electricity shortfall when—

(a) the electricity available in Great Britain is insufficient to meet demands
in Great Britain, or

(b) 5the electricity available in Northern Ireland is insufficient to meet
demands in Northern Ireland.

(4) For this purpose—

(a) electricity available in Great Britain or Northern Ireland includes
electricity that is available there by virtue of an electricity
10interconnector (within the meaning of Part 1 of EA 1989), and

(b) subject to that, it is for the appropriate authority to determine what is
to be regarded as available electricity.

(5) Before giving a direction under this section, the Secretary of State must
consult—

(a) 15the Scottish Ministers,

(b) the Welsh Ministers, and

(c) such other persons as the Secretary of State considers it appropriate to
consult.

(6) As soon as practicable after giving a direction under this section, the Secretary
20of State must lay before Parliament a document containing—

(a) a copy of the direction, and

(b) a statement of the Secretary of State’s reasons for making the direction.

(7) Before giving a direction under this section, the Department of Enterprise,
Trade and Investment must consult such persons as it considers it appropriate
25to consult.

(8) As soon as practicable after giving a direction under this section, the
Department of Enterprise, Trade and Investment must lay before the Northern
Ireland Assembly a document containing—

(a) a copy of the direction, and

(b) 30a statement of the Department’s reasons for making the direction.

(9) A direction under this section—

(a) is to be made in writing;

(b) may include incidental, supplementary and transitional provision;

(c) may be varied or revoked by a further direction under this section.

(10) 35Provision that may be made by virtue of subsection (9)(b) includes, in
particular, provision imposing requirements on enforcing authorities (within
the meaning of Schedule 5) for Great Britain or Northern Ireland, as the case
may be.

(11) Each appropriate authority—

(a) 40must issue (and may from time to time revise) a statement of the
Secretary of State’s or, as the case may be, that Department’s policy in
relation to making directions under this section,

(b) must publish the up-to-date text of the statement whenever it is issued
or revised, and

(c) 45must have regard to the statement in making any direction under this
section.

(12) For the purposes of this section—

• “appropriate authority” means—

  (a)

  the Secretary of State, or

  (b)

  the Department of Enterprise, Trade and Investment;

• 5“relevant generating station” means a generating station which satisfies
  paragraphs (a) and (b) of section 38(4);

• “relevant plant” means—

  (a)

  in relation to a direction by the Secretary of State, fossil fuel
  plant which consists of or includes a relevant generating station
  10in Great Britain;

  (b)

  in relation to a direction by the Department of Enterprise, Trade
  and Investment, fossil fuel plant which consists of or includes a
  relevant generating station in Northern Ireland.

40 Monitoring and enforcement

(1) 15It is the duty of the appropriate national authority to make arrangements for
monitoring compliance with, and enforcement of, the emissions limit duty.

(2) The appropriate national authority may by regulations make any provision
mentioned in Schedule 5 (monitoring compliance with, and enforcement of,
the emissions limit duty).

(3) 20The arrangements under subsection (1) must include arrangements for giving
effect to directions under section 39 (and, in particular, for compliance by
enforcing authorities with any requirements imposed on them under
subsection (10) of that section).

(4) In this section (and Schedule 5), the “appropriate national authority” means—

(a) 25in relation to England, the Secretary of State;

(b) in relation to Scotland, the Scottish Ministers;

(c) in relation to Wales, the Welsh Ministers;

(d) in relation to Northern Ireland, the Department of Environment.

(5) Subsection (4) is subject to paragraph 5 of Schedule 5 (which provides for the
30Secretary of State to make certain provision for Scotland, Wales and Northern
Ireland).

41 Interpretation of Chapter 8

(1) In this Chapter—

• “carbon capture and storage technology” means technology for doing, or
  35contributing to the doing of, any of the following things—

  (a)

  capturing carbon dioxide (or any substance consisting
  primarily of carbon dioxide) that has been produced by, or in
  connection with, generation of electricity on a commercial scale;

  (b)

  transporting such carbon dioxide (or substance) that has been
  40captured;

  (c)

  disposing of such carbon dioxide (or substance) that has been
  captured, by way of permanent storage;

• “CCS plant” means plant that uses, or is capable of using, carbon capture
  and storage technology;

Energy BillPage 43

• “distribution system” has the meaning given by section 4(4) of EA 1989
  (and “distributed” is to be read accordingly);

• “emissions limit duty” means the duty imposed by section 38(1);

• “ETS Directive” means Directive 2003/87/EC of the European Parliament
  5and of the Council (as amended from time to time);

• “fossil fuel” means—

  (a)

  coal;

  (b)

  lignite;

  (c)

  peat;

  (d)

  10natural gas (within the meaning of the Energy Act 1976);

  (e)

  crude liquid petroleum;

  (f)

  bitumen;

  (g)

  any substance which—

  (i)

  is produced directly or indirectly from a substance
  15mentioned in paragraphs (a) to (f) for use as a fuel, and

  (ii)

  when burned, produces a greenhouse gas (within the
  meaning given in section 92 of the Climate Change Act
  2008);

• “fossil fuel plant” has the meaning given by section 38(3);

• 20“gasification plant” means plant which—

  (a)

  uses fossil fuel, and

  (b)

  produces fuel for use in an electricity generating station;

• “network generating station” means a station that exports to a network;

• “relevant consent” means—

  (a)

  25consent granted under section 36 of EA 1989 or Article 39 of the
  Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1)S.I. 1992/231 (N.I. 1)),
  or

  (b)

  an order granting development consent under the Planning Act
  2008;

• 30“transmission system” has the meaning given by section 4(4) of EA 1989;

• “year” means any calendar year for which the emissions limit is defined
  by section 38.

(2) For the purposes of this Chapter, a generating station exports to a network
when it is generating any electricity that is conveyed from it by means of a
35transmission system or is distributed by means of a distribution system.

42 Regulations under Chapter 8

(1) Any regulations made by the Secretary of State or the Welsh Ministers under
this Chapter must be made by statutory instrument.

(2) Any power to make regulations under this Chapter that is exercisable by the
40Department of Environment is to be exercisable by statutory rule for the
purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573S.I. 1979/1573
(N.I. 12)).

(3) An instrument containing—

(a) regulations under section 38 (whether or not also containing
45regulations by the Secretary of State under section 40), or

(b) regulations by the Secretary of State under section 40 which amend or
repeal any provision of primary legislation,

may not be made unless a draft has been laid before and approved by a
resolution of each House of Parliament.

(4) Any other instrument containing regulations made by the Secretary of State
under section 40 is subject to annulment in pursuance of a resolution of either
5House of Parliament.

(5) If, but for this subsection, an instrument containing regulations by the
Secretary of State under this Chapter would be treated for the purposes of the
standing orders of either House of Parliament as a hybrid instrument, it is to
proceed in that House as if it were not a hybrid instrument.

(6) 10Regulations by the Scottish Ministers under section 40 are—

(a) if they amend or repeal any provision of primary legislation, subject to
the affirmative procedure;

(b) otherwise, subject to the negative procedure.

(7) An instrument containing regulations by the Welsh Ministers under section
1540—

(a) may not be made if the regulations amend or repeal any provision of
primary legislation unless a draft has been laid before, and approved
by a resolution of, the National Assembly for Wales;

(b) otherwise, is subject to annulment in pursuance of a resolution of the
20National Assembly for Wales.

(8) Statutory rules containing regulations by the Department of Environment
under section 40 are—

(a) if the regulations amend or repeal any provision of primary legislation,
subject to affirmative resolution (within the meaning of section 41(6) of
25the Interpretation Act (Northern Ireland) 1954), and

(b) otherwise, subject to negative resolution (within the meaning of section
41(4) of that Act).

(9) Any regulations under this Chapter may—

(a) include incidental, supplementary and consequential provision;

(b) 30make transitory or transitional provision or savings;

(c) make different provision for different cases or circumstances or for
different purposes;

(d) make provision subject to exceptions.

(10) Regulations under section 38 that apply in relation to Northern Ireland may be
35made only with the consent of the Department of Enterprise, Trade and
Investment.

(11) Before making any regulations under section 38 or 40, the Secretary of State
must consult—

(a) in the case of regulations under section 38 that will apply in relation to
40Scotland or Wales, the Scottish Ministers or the Welsh Ministers,
respectively, and

(b) in any case, such persons (or such other persons) as the Secretary of
State considers it appropriate to consult.

(12) Before making any regulations under section 40, the Scottish Ministers or the
45Welsh Ministers must consult such persons as they think appropriate.

(13) Subsections (11) and (12) may be satisfied by consultation before, as well as
after, the passing of this Act.

CHAPTER 9 Miscellaneous

43 Exemption from liability in damages

(1) 5The Secretary of State may include in regulations under section 2 or 17
provision that—

(a) the national system operator;

(b) any director of the national system operator;

(c) any employee, officer or agent of the national system operator,

10is not liable in damages for anything done or omitted in the exercise or
purported exercise of a relevant function specified in the regulations.

(2) A relevant function is a function conferred by or by virtue of Chapter

2

or

153

.

(3) Provision made by virtue of subsection (1) may not exempt a person from
liability for an act or omission which—

(a) is shown to be in bad faith;

(b) 20is unlawful by virtue of section 6(1) of the Human Rights Act 1998
(public authorities not to act incompatibly with convention rights);

(c) is a breach of a duty owed by virtue of section 27(4) of EA 1989
(compliance with final or provisional order under that Act).

(4) Whenever—

(a) 25the Secretary of State makes or revokes regulations under section 2 or
17, or exercises a modification power under section 16 or 25, and

(b) provision is not in force under subsection (1) in respect of a relevant
function,

the Secretary of State must publish a statement of the reasons why no such
30provision is in force.

(5) In this section “national system operator” means the person operating the
national transmission system for Great Britain (and for this purpose
“transmission system” has the same meaning as in EA 1989 - see section 4(4) of
that Act).

44 35Licence modifications: general

(1) This section applies in relation to a power to make modifications conferred
by—

(a) section 16, 25, 29, 34 or 35, or

(b) paragraph 19 of Schedule 3.

(2) 40Before making modifications under a power to which this section applies (“a
relevant power”) the Secretary of State must lay a draft of the modifications
before Parliament.

(3) If, within the 40-day period, either House of Parliament resolves not to
approve the draft, the Secretary of State may not take any further steps in
45relation to the proposed modifications.

(4) If no such resolution is made within that period, the Secretary of State may
make the modifications in the form of the draft.

(5) Subsection (3) does not prevent a new draft of proposed modifications being
laid before Parliament.

(6) 5In this section “40-day period”, in relation to a draft of proposed modifications,
means the period of 40 days beginning with the day on which the draft is laid
before Parliament (or, if it is not laid before each House of Parliament on the
same day, the later of the 2 days on which it is laid).

(7) For the purposes of calculating the 40-day period, no account is to be taken of
10any period during which Parliament is dissolved or prorogued or during
which both Houses are adjourned for more than 4 days.

(8) A relevant power—

(a) may be exercised generally, only in relation to specified cases or subject
to exceptions (including provision for a case to be excepted only so long
15as specified conditions are satisfied);

(b) may be exercised differently in different cases or circumstances;

(c) includes a power to make incidental, supplementary, consequential or
transitional modifications.

(9) Provision included in a licence, or in a document or agreement relating to
20licences, by virtue of a relevant power—

(a) may make different provision for different cases;

(b) need not relate to the activities authorised by the licence;

(c) may do any of the things authorised for licences of that type by section
7(2A), (3) or (4) of EA 1989.

(10) 25The Secretary of State must publish details of any modifications made under a
relevant power as soon as reasonably practicable after they are made.

(11) If under a relevant power the Secretary of State makes modifications of the
standard conditions of a licence, the Authority must—

(a) make the same modification of those standard conditions for the
30purposes of their incorporation in licences of that type granted after
that time, and

(b) publish the modification.

(12) A modification made under a relevant power of part of a standard condition of
a licence does not prevent any other part of the condition from continuing to
35be regarded as a standard condition for the purposes of Part 1 of EA 1989.

(13) The power conferred by a relevant power to “modify” (in relation to licence
conditions or a document) includes a power to amend, add to or remove, and
references to modifications are to be construed accordingly.

45 Consequential amendments

(1) 40In section 3A of EA 1989 (principal objective and general duties), in subsection
(2)(b) for “or sections 26 to 29 of the Energy Act 2010” substitute “, sections 26
to 29 of the Energy Act 2010 or Part 1 of the Energy Act 2013”.

(2) In section 33(1) of the Utilities Act 2000 (standard conditions of electricity
licences)—

(a) 45after paragraph (e) omit “or”;

(b) after paragraph (f) insert “or

(g) under the Energy Act 2013.”.

(3) In section 137(3) of the Energy Act 2004 (standard conditions of transmission
licences)—

(a) 5after paragraph (d) omit “or”;

(b) after paragraph (e) insert “, or

(f) under the Energy Act 2013,”.

(4) In section 146(5) of the Energy Act 2004 (standard conditions for electricity
interconnectors), for “or under section 98 of the Energy Act 2011” substitute “,
10under section 98 of the Energy Act 2011 or section 25 or 29 of the Energy Act
2013.”.

46 Review of Part 1

(1) As soon as reasonably practicable after the end of the period of 5 years
beginning with the day on which this Act is passed, the Secretary of State must
15carry out a review of the provisions of the following Chapters of this Part—

(a) Chapter 2 (contracts for difference);

(b) Chapter 3 (capacity market);

(c) Chapter 4 (conflicts of interest and contingency arrangements);

(d) Chapter 6 (access to markets);

(e) 20Chapter 7 (the renewables obligation: transitional arrangements).

(2) The Secretary of State must set out the conclusions of the review in a report.

(3) The report must, in particular—

(a) set out the objectives of the provisions of each Chapter subject to
review,

(b) 25assess the extent to which those objectives have been achieved, and

(c) assess whether those objectives remain appropriate and, if so, the
extent to which those objectives could be achieved in a way that
imposes less regulation.

(4) The Secretary of State must lay the report before Parliament.

30Part 2 Nuclear Regulation

CHAPTER 1 The ONR’s purposes

47 The ONR’s purposes

In this Part, “the ONR’s purposes” means—

(a) 35the nuclear safety purposes (see section 48),

(b) the nuclear site health and safety purposes (see section 49),

(c) the nuclear security purposes (see section 50),

(d) the nuclear safeguards purposes (see section 52), and

(e) the transport purposes (see section 53).

48 Nuclear safety purposes

(1) In this Part, the “nuclear safety purposes” means the purposes of protecting
persons against risks of harm from ionising radiations from GB nuclear sites,
including through—

(a) 5the design and construction of relevant nuclear installations and
associated sites,

(b) arrangements for the operation and decommissioning of, and other
processes connected with, relevant nuclear installations,

(c) arrangements for the storage and use of nuclear matter on GB nuclear
10sites, and

(d) arrangements to minimise those risks in the event of an escape or
release of such ionising radiations.

(2) For this purpose, ionising radiations from GB nuclear sites are ionising
radiations from—

(a) 15relevant nuclear installations, or

(b) nuclear matter stored or used on a GB nuclear site;

and an escape or release of ionising radiations from a GB nuclear site includes
ionising radiations from nuclear matter that has escaped or been released on or
from a GB nuclear site.

(3) 20In this section—

• “GB nuclear site” means a nuclear site in England, Wales or Scotland;

• “nuclear installation” has the same meaning as in the Nuclear Installations
  Act 1965 (see section 26 of that Act);

• “nuclear matter” has the same meaning as in that Act (see section 26 of
  25that Act);

• “relevant nuclear installation” means a nuclear installation on a site in
  England, Wales or Scotland for which a nuclear site licence is required
  by virtue of the installation (and includes a proposed or former nuclear
  installation in respect of which such a licence would be or has ever been
  30so required).

49 Nuclear site health and safety purposes

(1) In this Part, the “nuclear site health and safety purposes” means so much of the
general purposes of Part 1 of the 1974 Act as consists of the following
purposes—

(a) 35securing the health, safety and welfare of persons at work on GB
nuclear sites;

(b) protecting persons, other than persons at work on GB nuclear sites,
against risks to health or safety arising out of or in connection with the
activities of persons at work on GB nuclear sites;

(c) 40controlling the storage and use on GB nuclear sites of dangerous
substances and generally preventing the unlawful acquisition,
possession and use of such substances on or from such sites.

(2) In this section—

(a) “dangerous substances” means radioactive, explosive, highly
45flammable or otherwise dangerous substances, other than nuclear
matter;

(b) “GB nuclear site” and “nuclear matter” have the same meanings as in
section 48.

(3) Section 1(3) of the 1974 Act (interpretation of references to risks relating to
persons at work) applies for the purposes of this section as it applies for the
purposes of Part 1 of the 1974 Act.

50 Nuclear security purposes

(1) 5In this Part, the “nuclear security purposes” means the purposes of ensuring
the security of—

(a) civil nuclear premises;

(b) nuclear material used or stored on civil nuclear premises and
equipment or software used or stored on such premises in connection
10with activities involving nuclear material;

(c) other radioactive material used or stored on civil nuclear sites and
equipment or software used or stored on civil nuclear sites in
connection with activities involving such other radioactive material;

(d) civil nuclear construction sites and equipment used or stored on civil
15nuclear construction sites;

(e) equipment or software in the United Kingdom which—

(i) is capable of being used in, or in connection with, the
enrichment of uranium, and

(ii) is in the possession or control of a person involved in uranium
20enrichment activities;

(f) sensitive nuclear information which is in the United Kingdom in the
possession or control of—

(i) a person who is involved in activities on or in relation to civil
nuclear premises or who is proposing or likely to become so
25involved;

(ii) a person involved in uranium enrichment activities; or

(iii) a person who is storing, transporting or transmitting the
information for or on behalf of a person falling within sub-
paragraph (i) or (ii);

(g) 30nuclear material which is being (or is expected to be)—

(i) transported within the United Kingdom or its territorial sea,

(ii) transported (outside the United Kingdom and its territorial sea)
to or from any civil nuclear premises in the United Kingdom, or

(iii) carried on board a United Kingdom ship,

35other than material being (or expected to be) so transported or carried
for defence purposes;

(h) information relating to the security of anything mentioned in
paragraphs (a) to (g).

(2) For the purposes of subsection (1), ensuring the security of any site or premises
40includes doing so by means of the design of, or of anything on, the site or
premises.

(3) In this section—

• “civil nuclear construction site” means a site—

  (a)

  on which works are being carried out with a view to its
  45becoming a civil nuclear site, and

  (b)

  which is situated within 5 kilometres of an existing nuclear site;

• “civil nuclear premises” means—

  (a)

  a civil nuclear site, or

  Energy BillPage 50

  (b)

  other premises on which nuclear material is used or stored
  which are not controlled or operated wholly or mainly for
  defence purposes;

• “civil nuclear site” means a nuclear site other than one controlled or
  5operated wholly or mainly for defence purposes;

• “defence purposes” means the purposes of the department of the
  Secretary of State with responsibility for defence;

• “enrichment of uranium” means a treatment of uranium that increases the
  proportion of isotope 235 contained in the uranium;

• 10“equipment” includes equipment that has not been assembled and its
  components;

• “nuclear material” means any fissile material in the form of—

  (a)

  uranium metal, alloy or compound, or

  (b)

  plutonium metal, alloy or compound,

  15or any other fissile material prescribed by regulations made by the
  Secretary of State;

• “sensitive nuclear information” means—

  (a)

  information relating to, or capable of use in connection with, the
  enrichment of uranium, or

  (b)

  20information of a description for the time being specified in a
  notice under section 51;

• “United Kingdom ship” means a ship registered in the United Kingdom
  under Part 2 of the Merchant Shipping Act 1995.

51 Notice by Secretary of State to ONR specifying sensitive nuclear information

(1) 25This section applies where the Secretary of State considers that information of
any description relating to activities carried out on or in relation to civil nuclear
premises is information which needs to be protected in the interests of national
security.

(2) The Secretary of State may give a notice to the ONR under this section
30specifying that description of information.

(3) The Secretary of State may vary or revoke any notice given under this section
by giving a further notice to the ONR.

(4) Before giving a notice under this section, the Secretary of State must consult the
ONR.

(5) 35In this section “civil nuclear premises” has the same meaning as in section 50.

52 Nuclear safeguards purposes

(1) In this Part, the “nuclear safeguards purposes” means the purposes of—

(a) ensuring compliance by the United Kingdom or, as the case may be,
enabling or facilitating compliance by a Minister of the Crown, with the
40safeguards obligations, and

(b) the development of any future safeguards obligations.

(2) In subsection (1)(a) “the safeguards obligations” has the meaning given by
section 72.

53 Transport purposes

(1) In this Part, the “transport purposes” means the purposes of—

(a) protecting against risks relating to the civil transport of radioactive
material in Great Britain by road, rail or inland waterway which arise
5out of, or in connection with, the radioactive nature of the material, and

(b) ensuring the security of radioactive material during civil transport in
Great Britain by road, rail or inland waterway.

(2) For this purpose—

(a) “civil transport” means transport otherwise than for the purposes of the
10department of the Secretary of State with responsibility for defence;

(b) “radioactive material”—

(i) in relation to transport by road, has the same meaning as in
ADR,

(ii) in relation to transport by rail, has the same meaning as in RID,
15and

(iii) in relation to transport by inland waterway, has the same
meaning as in ADN;

(c) the transport of material begins with any preparatory process (such as
packaging) and continues until the material has been unloaded at its
20destination.

(3) In subsection (2)(b)—

• “ADN” means the Regulations annexed to the European Agreement
  concerning the International Carriage of Dangerous Goods by Inland
  Waterway (signed at Geneva on 26 May 2000);

• 25“ADR” means Annexes A and B to the European Agreement concerning
  the International Carriage of Dangerous Goods by Road (signed at
  Geneva on 30 September 1957);

• “RID” means the Annex to Appendix C to the Convention concerning
  International Carriage by Rail (signed at Berne on 9 May 1980) (the
  30Regulation concerning the International Carriage of Dangerous Goods
  by Rail);

and any reference to, or to an appendix to, an Agreement, a Convention or a
Treaty, or to an annex to any of them, is to it as it has effect for the time being.

(4) The Secretary of State may by regulations modify the definition of “radioactive
35material”.

CHAPTER 2 Nuclear regulations

54 Nuclear regulations

(1) The Secretary of State may make regulations (to be known as “nuclear
regulations”) for any of the following purposes—

(a) 40the nuclear safety purposes;

(b) the nuclear security purposes;

(c) the nuclear safeguards purposes;

(d) the transport purposes.

(2) Schedule 6 (which gives examples of particular kinds of provision that may be
made by nuclear regulations) has effect.

(3) Nuclear regulations may—

(a) confer functions on the ONR;

(b) 5create powers which inspectors may be authorised to exercise by their
instruments of appointment under paragraph 2 of Schedule 8;

(c) create offences (as to which see section 55);

(d) modify—

(i) any of the provisions of the Nuclear Installations Act 1965 that
10are relevant statutory provisions;

(ii) any provision of the Nuclear Safeguards Act 2000;

(e) provide for exemptions (including conditional exemptions) from any
prohibition or requirement imposed by or under any of the relevant
statutory provisions;

(f) 15provide for defences in relation to offences under any of the relevant
statutory provisions;

(g) provide for references in the regulations to any specified document to
operate as references to that document as revised or re-issued from
time to time.

(4) 20Provision that may be included by virtue of subsection (3)(a) includes, in
particular,—

(a) provision requiring compliance with directions by the ONR;

(b) provision conferring power for the ONR to authorise other persons to
exercise functions relating to the grant of exemptions of a kind
25mentioned in subsection (3)(e).

(5) Nuclear regulations may make provision—

(a) applying to acts done outside the United Kingdom by United Kingdom
persons;

(b) for enabling offences under any of the relevant statutory provisions to
30be treated as having been committed at any specified place for the
purpose of conferring jurisdiction on any court in relation to any such
offence.

(6) In subsection (5) “United Kingdom person” means—

(a) an individual who is—

(i) 35a British citizen, a British overseas territories citizen, a British
National (Overseas) or a British Overseas citizen,

(ii) a person who under the British Nationality Act 1981 is a British
subject, or

(iii) a British protected person within the meaning of that Act,

(b) 40a Scottish partnership, or

(c) a body incorporated under the law of any part of the United Kingdom.

(7) Before making nuclear regulations, the Secretary of State must consult—

(a) the ONR,

(b) if the regulations would modify any provision of health and safety
45regulations (within the meaning of Part 1 of the 1974 Act), the Health
and Safety Executive, and

(c) such other persons (if any) as the Secretary of State considers it
appropriate to consult.

(8) Subsection (7)(a) does not apply if the regulations give effect, without
modification, to proposals submitted by the ONR under section 60(1)(a)(i).

(9) Nuclear regulations which include any provisions to which any paragraph of
subsection (10) applies must identify those provisions as such.

(10) 5This subsection applies to any provisions of nuclear regulations which are
made for—

(a) the nuclear security purposes,

(b) the nuclear safeguards purposes, or

(c) both of those purposes,

10and for no other purpose.

(11) In this section (and Schedule 6) “specified” means specified in nuclear
regulations.

55 Nuclear regulations: offences

(1) Nuclear regulations may provide for an offence under the regulations to be
15triable—

(a) only summarily, or

(b) either summarily or on indictment.

(2) Nuclear regulations may provide for an offence under the regulations that is
triable either way to be punishable—

(a) 20on conviction on indictment—

(i) with imprisonment for a term not exceeding the period
specified, which may not exceed 2 years,

(ii) with a fine, or

(iii) with both,

(b) 25on summary conviction—

(i) with imprisonment for a term not exceeding the period
specified,

(ii) with a fine not exceeding the amount specified (which must not
exceed £20,000), or

(iii) 30with both.

(3) A period specified under subsection (2)(b)(i) may not exceed—

(a) in relation to England and Wales—

(i) 6 months, in relation to offences committed before the date on
which section 154(1) of the Criminal Justice Act 2003 (general
35limit on magistrates’ court’s power to imprison) comes into
force,

(ii) 12 months, in relation to offences committed after that date,

(b) in relation to Scotland, 12 months,

(c) in relation to Northern Ireland, 6 months.

(4) 40Nuclear regulations may provide for a summary offence under the regulations
to be punishable—

(a) with imprisonment for a term not exceeding the period specified,

(b) with a fine not exceeding the amount specified, which must not exceed
level 5 on the standard scale, or

(c) 45with both.

(5) A period specified under subsection (4)(a) may not exceed—

(a) in relation to England and Wales—

(i) 6 months, in relation to offences committed before the date on
which section 281(5) of the Criminal Justice Act 2003 (alteration
5of penalties for summary offences) comes into force, or

(ii) 51 weeks, in relation to offences committed after that date,

(b) in relation to Scotland, 12 months,

(c) in relation to Northern Ireland, 6 months.

(6) In this section “specified” means specified in nuclear regulations.

56 10Civil liability for breach of nuclear regulations

(1) Breach of a duty imposed by nuclear regulations is actionable to the extent that
it causes damage (and whether or not the breach constitutes an offence).

(2) Any term of an agreement is void to the extent that it purports to exclude or
restrict—

(a) 15the operation of subsection (1), or

(b) any liability arising by virtue of that subsection.

(3) Nuclear regulations may provide—

(a) for subsection (1) or (2) not to apply in specified circumstances;

(b) for any specified defence to be available in any action under subsection
20(1).

(4) Nothing in subsection (1) or (3)(b) affects any right of action or defence which
otherwise exists or may be available.

(5) In this section—

• “damage” includes the death of any person or any personal injury;

• 25“specified” means specified in nuclear regulations.

CHAPTER 3 Office for Nuclear Regulation

57 The Office for Nuclear Regulation