some default text...

Energy Bill (HC Bill 100)

(1) There is to be a body corporate known as the Office for Nuclear Regulation.

(2) In this Part that body is referred to as “the ONR”.

(3) 30Schedule 7 makes further provision about the ONR.

CHAPTER 4 Functions of the ONR

Functions of ONR: general

58 Principal function

(1) The ONR must do whatever it considers appropriate for the ONR’s purposes.

Energy BillPage 55

(2) That includes, so far as it considers appropriate, assisting and encouraging
others to further those purposes.

59 Codes of practice

(1) The ONR may, with the consent of the Secretary of State, issue codes of practice
5giving practical guidance as to the requirements of any provision of the
relevant statutory provisions.

(2) The ONR may, with the consent of the Secretary of State, revise or withdraw a
code of practice issued under this section.

(3) Before seeking the consent of the Secretary of State under subsection (1) or (2),
10the ONR must consult—

(a) any government department or other person that the Secretary of State
has directed the ONR to consult, and

(b) any other government department or other person that the ONR
considers it appropriate to consult.

(4) 15A direction under subsection (3)(a) may be general or may relate to a particular
code, or codes of a particular kind.

(5) The ONR must—

(a) publish any code of practice issued under this section;

(b) when it revises such a code, publish a copy of the revised code;

(c) 20when it withdraws such a code, publish a notice to that effect.

(6) A code of practice (including a revised code) must specify the relevant
statutory provisions to which it relates.

(7) References in this Part to an approved code of practice are references to a code
issued under this section as it has effect for the time being.

(8) 25A person’s failure to observe any provision of an approved code of practice
does not of itself make the person liable to any civil or criminal proceedings.

(9) But subsections (10) to (12) apply to any proceedings for an offence where—

(a) the offence consists of failing to comply with any requirement or
prohibition imposed by or under any of the relevant statutory
30provisions, and

(b) at the time of the alleged failure, there was an approved code of practice
relating to the provision.

(10) Any provision of the code of practice which appears to the court to be relevant
to the alleged offence is admissible in evidence in the proceedings.

(11) 35Where—

(a) in order to establish that the defendant failed to comply with the
requirement or prohibition, the prosecution must prove any matter,

(b) the court is satisfied that a provision of the code of practice is relevant
to that matter, and

(c) 40the prosecution prove that, at a material time, the defendant failed to
observe that provision of the code of practice,

that matter is to be taken as proved unless the defendant proves that the
requirement or prohibition was complied with in some other way.

Energy BillPage 56

(12) A document purporting to be an approved code of practice is to be taken to be
such an approved code unless the contrary is proved.

60 Proposals about orders and regulations

(1) The ONR may from time to time—

(a) 5submit proposals to the Secretary of State for—

(i) nuclear regulations,

(ii) regulations under section 64,

(iii) regulations under section 80,

(iv) health and safety fees regulations, or

(v) 10orders or regulations under a relevant enactment;

(b) submit proposals to the Health and Safety Executive for relevant health
and safety regulations.

(2) In this section—

  • “health and safety fees regulations” means regulations under section 43(2)
    15of the 1974 Act in relation to fees payable for or in connection with the
    performance of a function by or on behalf of—

    (a)

    the ONR, or

    (b)

    a health and safety inspector;

  • “relevant enactment” means—

    (a)

    20section 3 of the Nuclear Safeguards and Electricity (Finance) Act
    1978 (regulations for giving effect to certain provisions of
    Safeguards Agreement);

    (b)

    section 3 of the Nuclear Safeguards Act 2000 (identifying
    persons who have information);

    (c)

    25section 5(3) of that Act (rights of access for Agency inspectors);

    (d)

    section 80 of the Anti-terrorism, Crime and Security Act 2001
    (prohibition of disclosures of uranium enrichment technology);

  • “relevant health and safety regulations” means regulations under section
    15 of the 1974 Act so far as they can be made for the nuclear site health
    30and safety purposes.

(3) Before submitting any such proposal, the ONR must consult—

(a) any government department or other person that the Secretary of State
has directed the ONR to consult, and

(b) any other government department or other person that the ONR
35considers it appropriate to consult.

(4) A direction under subsection (3)(a) may be general or may relate to a particular
proposal, or to proposals of a particular kind.

61 Enforcement of relevant statutory provisions

(1) The ONR must make adequate arrangements for the enforcement of the
40relevant statutory provisions.

(2) In this Part, “relevant statutory provisions” means—

(a) the provisions of—

this Part, and

nuclear regulations;

Energy BillPage 57

(b) the provisions made by or under the following sections of the Nuclear
Installations Act 1965, so far as they have effect in England and Wales
or Scotland—

section 1;

5sections 3 to 6;

section 22;

section 24A; and

(c) the provisions of the Nuclear Safeguards Act 2000.

62 Inspectors

10Schedule 8 (appointment and powers of inspectors) has effect.

63 Investigations

(1) The ONR may—

(a) investigate and make a report (“a special report”) on any relevant
matter, or

(b) 15authorise another person to do so.

(2) The ONR may publish or arrange for the publication of—

(a) a special report, or

(b) so much of a special report as the ONR considers appropriate.

(3) In this section “relevant matter” means any accident, occurrence, situation or
20other matter which the ONR considers it necessary or desirable to
investigate—

(a) for any of the ONR’s purposes, or

(b) with a view to the making of—

(i) nuclear regulations, or

(ii) 25regulations under section 15 of the 1974 Act (health and safety
regulations) so far as they can be made for the nuclear site
health and safety purposes.

(4) The ONR may pay such remuneration, expenses and allowances as it may
determine to a person who—

(a) 30is not a member or member of staff of the ONR, and

(b) investigates a relevant matter or makes a special report under
subsection (1), or assists in doing so.

(5) The ONR may make such payments as it may determine to meet the other costs
(if any) of an investigation or special report under subsection (1).

(6) 35The ONR must consult the Office of Rail Regulation before taking any step
under subsection (1) in relation to a matter which appears to the ONR to be, or
likely to be, relevant to the railway safety purposes (within the meaning given
in paragraph 1 of Schedule 3 to the Railways Act 2005).

(7) Subsection (2) is subject to section 73.

Energy BillPage 58

64 Inquiries

(1) The ONR may, with the consent of the Secretary of State, direct an inquiry to
be held into any matter if it considers the inquiry necessary or desirable for any
of the ONR’s purposes.

(2) 5In this Part “ONR inquiry” means an inquiry under this section.

(3) An ONR inquiry must be held in accordance with regulations made by the
Secretary of State.

(4) Except as provided by the regulations—

(a) an ONR inquiry is to be held in public; and

(b) 10any report made by the person holding an ONR inquiry is to be
published.

(5) The regulations may in particular make provision—

(a) conferring on the person holding an ONR inquiry and any person
assisting that person—

(i) 15powers of entry and inspection;

(ii) powers of summoning witnesses to give evidence or produce
documents;

(iii) power to take evidence on oath and to administer oaths;

(iv) power to require the making of declarations;

(b) 20as to circumstances in which—

(i) an ONR inquiry or any part of it is to be held in private;

(ii) any report, or part of a report, made by the person holding an
ONR inquiry is not to be published;

(c) conferring functions on the ONR or the Secretary of State;

(d) 25creating summary offences.

(6) An offence under the regulations may be made punishable with a fine not
exceeding level 5 on the standard scale.

(7) Subsection (8) applies where—

(a) the ONR directs an ONR inquiry to be held into a matter arising in
30Scotland, and

(b) the matter in question causes the death of a person.

(8) Unless the Lord Advocate otherwise directs, no inquiry is to be held with
regard to the death of that person under the Fatal Accidents and Sudden
Deaths Inquiry (Scotland) Act 1976.

65 35Inquiries: payments and charges

(1) The ONR may pay such remuneration, expenses and allowances as it may
determine to—

(a) a person holding an ONR inquiry;

(b) any assessor appointed to assist a person holding an ONR inquiry.

(2) 40The ONR may pay to persons attending an ONR inquiry as witnesses such
expenses as it may determine.

(3) The ONR may make such payments as it may determine to meet the other costs
(if any) of an ONR inquiry.

Energy BillPage 59

(4) The ONR may require such person or persons to make such payments to it as
it considers appropriate in connection with an ONR inquiry.

(5) The aggregate of the payments required under subsection (4) must not exceed
the ONR’s costs that are attributable to the ONR inquiry.

(6) 5No payment may be required under subsection (4) except with the consent of
the Secretary of State.

Other functions

66 Provision of information

(1) The ONR must make such arrangements as it considers appropriate for
10providing information that it holds that is relevant to the ONR’s purposes.

(2) Arrangements that may be made under subsection (1) are arrangements of any
description, including arrangements—

(a) for providing information to any person or category of persons
(whether or not concerned with matters relevant to the ONR’s
15purposes);

(b) for providing information on request or on the ONR’s initiative;

(c) for providing only such information as the ONR considers appropriate.

(3) This section is subject to section 73.

67 Research, training etc

(1) 20The ONR—

(a) may carry out research in connection with the ONR’s purposes, or
arrange for such research to be carried out on its behalf, and

(b) must, if it considers it appropriate to do so, publish the results of any
such research or arrange for them to be published.

(2) 25The ONR may make payments for research to be carried out in connection with
the ONR’s purposes and for the dissemination of information derived from
such research.

(3) The ONR may provide, or make arrangements for the provision of, training to
any person in connection with the ONR’s purposes.

(4) 30Arrangements under subsection (3) may include provision for payments to be
made to the ONR by or on behalf of—

(a) other parties to the arrangements,

(b) persons to whom the training is provided.

68 Provision of information or advice to relevant authorities

(1) 35The ONR must, on request, provide a relevant authority with relevant
information or relevant advice.

(2) Relevant information is information about the ONR’s activities which is
requested—

(a) in the case of information requested by a Minister of the Crown—