(i) for the purpose of monitoring the ONR’s performance of its
functions, or

(ii) for the purpose of any proceedings in Parliament,

(b) in any case, in connection with any matter with which the relevant
5authority requesting it is concerned.

(3) The reference in subsection (2) to the ONR’s activities includes a reference to—

(a) the activities of inspectors appointed by the ONR under—

(i) Schedule 8,

(ii) section 19 of the 1974 Act, or

(iii) 10Article 26 of the Regulatory Reform (Fire Safety) Order 2005 (S.I.
2005/2541),

in their capacity as such inspectors, and

(b) the activities of enforcing officers appointed by the ONR under section
61(3) of the Fire (Scotland) Act 2005 (asp. 5)2005 (asp. 5) in their capacity as such
15enforcing officers.

(4) Relevant advice is advice on a matter with which the relevant authority
requesting it is concerned where the matter—

(a) is relevant to the ONR’s purposes, or

(b) is one on which expert advice is obtainable from any member or
20member of staff of the ONR.

(5) The ONR may require a relevant authority to whom information or advice is
provided under subsection (1) to pay a fee in respect of the ONR’s costs
reasonably incurred in providing the authority with—

(a) relevant information requested under subsection (2)(b), or

(b) 25relevant advice.

(6) The Secretary of State may by regulations provide that subsection (5) is not to
apply in particular cases or classes of case or in particular circumstances.

(7) The duty under subsection (1) is in addition to any other duty or power of the
ONR to provide information or advice.

(8) 30In this section “relevant authority” means any of the following—

(a) a Minister of the Crown;

(b) the Scottish Ministers;

(c) the Welsh Ministers;

(d) a Northern Ireland Department;

(e) 35the Health and Safety Executive;

(f) the Health and Safety Executive for Northern Ireland;

(g) the Civil Aviation Authority;

(h) the Office of Rail Regulation.

69 Arrangements with government departments etc

(1) 40If the condition in subsection (2) is met, the ONR may enter into an agreement
with a Minister of the Crown, a government department or a public authority
for the ONR to perform any function exercisable by the Minister, department
or authority.

(2) The condition is that—

(a) 45the function is—

(i) a function of the Health and Safety Executive of investigating or
making a special report under section 14 of the 1974 Act, or

(ii) a function of the Office of Rail Regulation of investigating or
making a special report under paragraph 4 of Schedule 3 to the
5Railways Act 2005, or

(b) the Secretary of State considers that the function in question can
appropriately be performed by the ONR.

(3) The functions to which an agreement under subsection (1) may relate—

(a) in the case of an agreement with a Minister of the Crown, include a
10function not conferred by an enactment;

(b) do not include any power to make regulations or other instruments of
a legislative character.

(4) An agreement under subsection (1) may provide for functions to be performed
with or without payment.

(5) 15The ONR may provide services or facilities, with or without payment,
otherwise than for the ONR’s purposes, to a government department or public
authority in connection with the exercise of that department’s or authority’s
functions.

70 Provision of services or facilities

(1) 20The ONR may provide services and facilities for the ONR’s purposes to any
person.

(2) The ONR may, with the consent of the Secretary of State, provide any relevant
services to any person, whether or not in the United Kingdom.

(3) In subsection (2), “relevant services” means services which—

(a) 25are not relevant to the ONR’s purposes, but

(b) are in a field in which any member or member of staff of the ONR has
particular expertise.

(4) The Secretary of State may give consent for the purposes of subsection (2)—

(a) in relation to particular arrangements for the provision of services, or

(b) 30generally in relation to such arrangements of a particular description.

(5) Arrangements for the provision of services to a person under subsection (2) are
to be on such terms as to payment as that person and the ONR may agree.

Exercise of functions: general

71 Directions from Secretary of State

(1) 35The Secretary of State may give the ONR a direction as to the exercise by it of—

(a) its functions generally, or

(b) any of its functions specifically.

(2) A direction given by the Secretary of State under subsection (1)—

(a) may modify a function of the ONR, but

(b) 40must not confer functions on the ONR (other than a function of which
it was deprived by a previous direction given under this section).

(3) The Secretary of State may give the ONR such directions as appear to the
Secretary of State to be necessary or desirable in the interests of national
security.

(4) A direction given by the Secretary of State under subsection (3) may—

(a) 5modify a function of the ONR,

(b) confer a function on the ONR.

(5) A direction under subsection (1) or (3) must not be given in relation to the
exercise of a regulatory function in a particular case.

(6) If the Secretary of State is satisfied that there are exceptional circumstances
10relating to national security which justify giving a direction under this
subsection, the Secretary of State may give the ONR a direction as to the
exercise by the ONR of a regulatory function in a particular case.

(7) A direction given under subsection (6) must be for the nuclear security
purposes.

(8) 15The Secretary of State must lay before Parliament a copy of any direction given
under this section.

(9) Subsection (8) does not apply to a direction under subsection (6) if the Secretary
of State considers that publishing the direction would be contrary to the
interests of national security; but, in that event, the Secretary of State must lay
20before Parliament a memorandum stating that such a direction has been given
and the date on which it was given.

72 Compliance with nuclear safeguards obligations

(1) The ONR must do such things as it considers best calculated to secure
compliance by the United Kingdom or, as the case may be, to enable or
25facilitate compliance by a Minister of the Crown, with the safeguards
obligations.

(2) For the purposes of this Part “the safeguards obligations” are—

(a) Articles 77 to 85 of the Treaty establishing the European Atomic Energy
Community, signed at Rome on 25 March 1957,

(b) 30the agreement made on 6 September 1976 between the United
Kingdom, the European Atomic Energy Community and the
International Atomic Energy Agency for the application of safeguards
in the United Kingdom in connection with the Treaty on the Non-
Proliferation of Nuclear Weapons,

(c) 35the protocol signed at Vienna on 22 September 1998 additional to the
agreement mentioned in paragraph (b), and

(d) such other obligations, agreements or arrangements relating to nuclear
safeguards as may be specified in a notice given to the ONR by the
Secretary of State;

40and any reference in paragraphs (a) to (c) to a treaty, agreement or protocol is
to it as it has effect for the time being.

(3) The Secretary of State may vary or revoke a notice given under subsection
(2)(d) by giving a further notice to the ONR.

(4) Before giving a notice under this section, the Secretary of State must consult the
45ONR.

(5) The ONR must publish any notice given under this section.

(6) Subsection (1) is not to be taken to affect the generality of section 58.

73 Consent of Secretary of State for certain communications

(1) The ONR must not issue any communication to which this section applies
5except with the consent of the Secretary of State.

(2) This section applies to—

(a) any—

(i) security guidance, or

(ii) statement of the ONR’s nuclear security policy,

10that the ONR considers concerns any matter to which any government
policy on national security relates;

(b) any other communication of a description that the Secretary of State has
directed should be submitted to the Secretary of State before being
issued.

15This is subject to subsection (3).

(3) This section does not apply to—

(a) a code of practice issued under section 59;

(b) the ONR’s strategy or annual plan or a report under paragraph 24 of
Schedule 7.

(4) 20In this section—

• “government policy on national security” means any current policy which
  relates to national security and—

  (a)

  has been published by or on behalf of Her Majesty’s
  Government, or

  (b)

  25has been notified to the ONR by the Secretary of State;

• “security guidance” means any guidance to which the ONR’s nuclear
  security policy is relevant;

• “the ONR’s nuclear security policy” means the ONR’s policy with respect
  to the exercise of its functions, or the functions of inspectors, so far as
  30relevant to the nuclear security purposes.

(5) The Secretary of State may give a direction under subsection (2)(b) in relation
to a description of communication only if it appears to the Secretary of State—

(a) that—

(i) a communication of that description might contain security
35guidance or information about the ONR’s nuclear security
policy, or

(ii) the ONR’s nuclear security policy might otherwise be relevant
to such a communication, and

(b) that such a communication might concern any matter to which any
40government policy on national security relates.

(6) The Secretary of State may give the ONR a general consent in relation to the
issue of a particular description of communication which would otherwise fall
within subsection (2)(a).

(7) If the Secretary of State has given such a general consent, the ONR need not
45seek the Secretary of State’s particular consent in relation to the issue of a

communication of that description unless directed by the Secretary of State to
do so.

74 Power to arrange for exercise of functions by others

(1) If the condition in subsection (2) is satisfied, the ONR may make arrangements
5with a government department or other person for that department or person
to perform any of the ONR’s functions, with or without payment.

(2) That condition is that the Secretary of State considers that the function or
functions in question can appropriately be performed by the government
department or other person.

75 10Co-operation between ONR and Health and Safety Executive

(1) The Health and Safety Executive and the ONR must enter into and maintain
arrangements with each other for securing co-operation and the exchange of
information in connection with the carrying out of any of their functions.

(2) The Health and Safety Executive and the ONR must—

(a) 15review the arrangements from time to time, and

(b) revise them when they consider it appropriate to do so.

Information etc

76 Power to obtain information

(1) The ONR may by notice require a person to provide information which the
20ONR needs for carrying out its functions.

This is subject to subsection (4).

This is subject to subsection (4).

(2) A notice may require information to be provided—

(a) in a specified form or manner;

(b) 25at a specified time;

(c) in respect of a specified period.

(3) In particular, a notice may require the person to whom it is given to make
returns to the ONR containing information about matters specified in the
notice at times or intervals so specified.

(4) 30No notice may be given under this section which imposes a requirement which
could be imposed by a notice served by the ONR under section 2 of the Nuclear
Safeguards Act 2000 (information and records for purposes of the Additional
Protocol).

(5) It is an offence to refuse or fail to comply with a notice under this section.

(6) 35A person who commits an offence under this section is liable—

(a) on summary conviction, to a fine not exceeding the statutory
maximum, or

(b) on conviction on indictment, to a fine.

77 Powers of HMRC in relation to information

(1) The Commissioners for Her Majesty’s Revenue and Customs may disclose
information about imports to—

(a) the ONR,

(b) 5an inspector, or

(c) a health and safety inspector,

for the purpose of facilitating the ONR, inspector or health and safety inspector
to carry out any function.

(2) For this purpose, “information about imports” means information obtained or
10held by the Commissioners for the purposes of the exercise of their functions
in relation to imports.

(3) Information may be disclosed to the ONR, an inspector or a health and safety
inspector under subsection (1) whether or not the disclosure of the information
has been requested by or on behalf of the ONR, inspector or health and safety
15inspector.

78 HMRC power to seize articles etc to facilitate ONR and inspectors

(1) An officer of Revenue and Customs may seize any imported article or
substance and detain it for the purpose of facilitating the ONR or an inspector
to carry out any function under the relevant statutory provisions.

(2) 20It is an offence for a person intentionally to obstruct an officer of Revenue and
Customs in the exercise of powers under subsection (1).

(3) A person who commits an offence under subsection (2) is liable on summary
conviction—

(a) to imprisonment for a term not exceeding 51 weeks (in England and
25Wales), 12 months (in Scotland) or 6 months (in Northern Ireland),

(b) to a fine not exceeding level 5 on the standard scale, or

(c) to both.

(4) In relation to an offence committed before the commencement of section 281(5)
of the Criminal Justice Act 2003 (alteration of penalties for summary offences),
30the reference in subsection (3)(a), as it has effect in England and Wales, to 51
weeks is to be read as a reference to 6 months.

(5) Anything seized and detained under subsection (1)—

(a) must not be detained for more than 2 working days, and

(b) must be dealt with during the period of detention in such manner as the
35Commissioners for Her Majesty’s Revenue and Customs may direct.

(6) In subsection (5), the reference to 2 working days is a reference to the period of
48 hours beginning when the article or substance in question is seized but
disregarding any time falling on a Saturday or Sunday, or on Good Friday or
Christmas Day or on a day which is a bank holiday in the part of the United
40Kingdom where it is seized.

79 Disclosure of information

Schedule 9 (disclosure of information) has effect.

Fees

80 Fees

(1) The Secretary of State may by regulations provide for fees to be payable for, or in
connection with, the performance of any of the following functions (whenever
5conferred)—

(a) any function of the ONR or an inspector under any of the relevant
statutory provisions;

(b) any function of the ONR under regulations under section 80 of the Anti-
terrorism, Crime and Security Act 2001 (prohibition of disclosures of uranium
10enrichment technology);

(c) any function of any other person under any of the relevant statutory
provisions.

(2) The amount of any fee under regulations under this section must be—

(a) specified in the regulations, or

(b) 15determined by or in accordance with the regulations.

(3) Regulations under this section may provide for the amounts of fees to be
different in different cases and, in particular, for fees in respect of the same
function to be of different amounts in different circumstances.

(4) Regulations under this section may not provide for a fee to be payable by
20anyone in the capacity of—

(nonenone) an employee,

(nonenone) a person seeking employment,

(nonenone) a person training for employment, or

(nonenone) a person seeking training for employment.

(5) 25For the purposes of subsection (4)—

(a) “employee” and “employment” have the same meanings as in Part 1 of
the 1974 Act, and

(b) an industrial rehabilitation course provided by virtue of the
Employment and Training Act 1973 is to be treated as training for
30employment.

(6) Before making regulations under subsection (1), the Secretary of State must
consult—

(a) the ONR, and

(b) such other persons (if any) as the Secretary of State considers it
35appropriate to consult.

(7) Subsection (6)(a) does not apply if the regulations give effect, without
modification, to any proposals submitted by the ONR under section
60(1)(a)(iii).

CHAPTER 5 Supplementary

General duties of employers, employees and others

81 General duty of employees at work in relation to requirements imposed on
others

(1) 5Every employee, while at work, must co-operate with any person (whether or
not the employer) on whom a requirement is imposed by or under any relevant
provision so far as necessary to enable the requirement to be complied with.

(2) Failure to comply with the duty in subsection (1) is an offence.

(3) A person who commits an offence under subsection (2) is liable—

(a) 10on summary conviction—

(i) to imprisonment for a term not exceeding 12 months (in
England and Wales or Scotland) or 6 months (in Northern
Ireland),

(ii) to a fine not exceeding the statutory maximum, or

(iii) 15to both;

(b) on conviction on indictment—

(i) to imprisonment for a term not exceeding 2 years,

(ii) to a fine, or

(iii) to both.

(4) 20In the application of subsection (3) to England and Wales 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 in subsection (3)(a)(i) to 12 months is to be read as a reference to 6
months.

(5) 25In this section—

(a) “employee” and “employer” have the same meanings as in Part 1 of the
1974 Act (see sections 52 and 53(1) of that Act), and

(b) “relevant provision” means any of the relevant statutory provisions
other than—

(i) 30any provision of the Nuclear Safeguards Act 2000,

(ii) any provision of nuclear regulations which is identified under
section 54(9) as having been made solely for the nuclear
safeguards purposes.

82 Duty not to interfere with or misuse certain things provided under statutory
35requirements

(1) It is an offence intentionally or recklessly to interfere with or misuse anything
provided in the interests of health, safety or welfare in pursuance of any of the
relevant statutory provisions.

(2) A person who commits an offence under this section is liable—

(a) 40on summary conviction—

(i) to imprisonment for a term not exceeding 12 months (in
England and Wales or Scotland) or 6 months (in Northern
Ireland),

(ii) to a fine not exceeding £20,000, or

(iii) 5to both;

(b) on conviction on indictment—

(i) to imprisonment for a term not exceeding 2 years,

(ii) to a fine, or

(iii) to both.

(3) 10In relation to an offence committed before the commencement of section 154(1)
of the Criminal Justice Act 2003 (general limit on magistrates’ court’s powers
to imprison), the reference in subsection (2)(a)(i), as it has effect in England and
Wales, to 12 months is to be read as a reference to 6 months.

83 Duty not to charge employees for certain things

(1) 15It is an offence for an employer to impose a charge, or allow a charge to be
imposed, on an employee in respect of anything done or provided in
pursuance of a specific requirement imposed by or under any relevant
provision.

(2) A person who commits an offence under this section is liable—

(a) 20on summary conviction to a fine not exceeding £20,000;

(b) on conviction on indictment, to a fine.

(3) In this section—

(a) “employer” and “employee” have the same meanings as in Part 1 of the
1974 Act (see section 53(1) of that Act), and

(b) 25“relevant provision” has the same meaning as in section 81.

Offences

84 Offences relating to false information and deception

(1) It is an offence for a person—

(a) to make a statement which the person knows to be false, or

(b) 30recklessly to make a statement which is false,

in the circumstances mentioned in subsection (2).

(2) Those circumstances are where the statement is made—

(a) in purported compliance with any requirement to provide information
imposed by or under any of the relevant statutory provisions, or

(b) 35for the purposes of obtaining the issue of a document under any of the
relevant statutory provisions (whether for the person making the
statement or anyone else).

(3) It is an offence for a person—

(a) intentionally to make a false entry in a relevant document, or

(b) 40with intent to deceive, to make use of any such entry which the person
knows to be false.

(4) In subsection (3) “relevant document” means any register, record, notice or
other document which is required to be kept or given by or under any of the
relevant statutory provisions.

(5) It is an offence for a person, with intent to deceive—

(a) 5to use a relevant document,

(b) to make or have possession of a document so closely resembling a
relevant document as to be calculated to deceive.

(6) In subsection (5) “relevant document” means a document—

(a) issued or authorised to be issued under any of the relevant statutory
10provisions, or

(b) required for the purpose of any of those provisions.

(7) A person who commits an offence under this section is liable—

(a) on summary conviction—

(i) to imprisonment for a term not exceeding 12 months (in
15England and Wales or Scotland) or 6 months (in Northern
Ireland),

(ii) to a fine not exceeding £20,000, or

(iii) to both;

(b) on conviction on indictment—

(i) 20to imprisonment for a term not exceeding 2 years,

(ii) to a fine, or

(iii) to both.

(8) 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 powers
25to imprison), the reference in subsection (7)(a)(i), as it has effect in England and
Wales, to 12 months is to be read as a reference to 6 months.

85 Provision relating to offences under certain relevant statutory provisions

(1) Schedule 10 (provision relating to offences under certain relevant statutory
provisions) has effect.

(2) 30That Schedule contains provision about the following matters—

(a) the place where an offence involving plant or a substance may be
treated as having been committed;

(b) the extension of time for bringing summary proceedings in certain
cases;

(c) 35the continuation of offences;

(d) where an offence committed by one person is due to the act or default
of another person, the liability of that other person;

(e) offences by bodies corporate or partnerships;

(f) restrictions on the persons who may institute proceedings in England
40and Wales;

(g) powers of inspectors to prosecute offences;

(h) the burden of proof in certain cases relating to what is practicable or
what are the best means for doing something;

(i) reliance on entries in a register or other document as evidence;

(j) 45power of the court to order a defendant to take remedial action.