Energy Bill (HC Bill 135)

(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 power to imprison), the reference to 12 months
in subsection (6)(b), as it has effect in England and Wales, is to be
5read as a reference to 6 months.”

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

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

(3) For subsection (1A) substitute—

“(1A) The appropriate national authority must consult the appropriate
10environment authority before revoking a nuclear site licence.”

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

(5) In subsection (3)—

(a) for “Minister”, in each place where it appears, substitute
15“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
20part 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) 25the 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) 30on 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
35commencement 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) 40for “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) at 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
5not exceeding 12 months, or a fine not exceeding
£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
10magistrates’ court’s power to imprison), the reference to 12 months
in 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
156, 22 and 24A of this Act”.

22 (1) Section 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
20Executive 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
1974” substitute “sections 1, 3 to 6 and 22, and this section of this
Act”.

(3) 25In subsection (2)—

(a) for “Executive” substitute “ONR”;

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

(4) In subsections (3), (4) and (6) to (8) for “Executive”, in each place where it
30appears, substitute “ONR”.

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

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

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

• “the appropriate environment authority” means—

  (a)

  35in the case of a site in England or Wales, the
  Environment Agency;

  (b)

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

  (c)

  in the case of a site in Northern Ireland, the
  40Department of Environment in Northern Ireland;

• “the appropriate national authority” means—

  (a)

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

  (b)

  in relation to Northern Ireland, the Secretary of
  45State;”.

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

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

  (a)

  in relation to England and Wales and Scotland, an
  inspector appointed by the ONR under Schedule 8 to
  5the Energy Act 2013 (inspectors);

  (b)

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

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

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

24 10In 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
1974” substitute “Schedule 8 to the Energy Act 2013”.

Part 3 15Nuclear 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) Section 77 (regulation of security of civil nuclear industry) is amended as
follows.

(2) 20In 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) After that subsection insert—

“(3A) In relation to an offence committed before the commencement of
25section 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
read as a reference to 6 months.”

(4) In subsection (5)(a), for “the Health and Safety Executive” substitute “the
30Office for Nuclear Regulation”.

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

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

(3) 35After 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,
without modification, to any proposals for them submitted by the
Office for Nuclear Regulation under section 64(1)(a)(iv) of the
40Energy Act 2013.”

Part 4 Nuclear safeguards

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

29 The Atomic Energy Act 1946 is amended as follows.

30 (1) 5Section 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) After subsection (1) insert—

“(1A) No notice may be served under subsection (1) which imposes a
10requirement which could be imposed—

(a) by a notice served by the Office for Nuclear Regulation under
section 80 of the Energy Act 2013 (power of ONR to obtain
information), or

(b) by an authorised inspector under paragraph 15 of Schedule 8
15to 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) 20No 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 25In 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
30information required under section 80 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
35required 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
40energy” 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;”.

Nuclear 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
5subsection (8) for “Secretary of State” substitute “Office for Nuclear
Regulation”.

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

(a) after subsection (1) insert—

“(1A) 10Regulations under this section may in particular modify
functions 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
15Regulation before 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 64(1)(a)(iv) of the Energy Act 2013.”

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

37 20The Nuclear Safeguards Act 2000 is amended as follows.

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

(2) In 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
25“Office for Nuclear Regulation”.

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

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

(3) 30In subsection (2), for “Secretary of State”, in both places where it appears,
substitute “Office for Nuclear Regulation”.

(4) In 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) 35In subsection (1), for “him” substitute “the Office for Nuclear Regulation”.

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

(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
before making regulations under this section unless the regulations
give effect, without modification, to any proposals for them
5submitted by the Office for Nuclear Regulation under section
64(1)(a)(iv) of the Energy Act 2013.”

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

41 (1) Section 4 (powers of entry in relation to Additional Protocol information) is
10repealed.

(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
Kingdom.

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

(2) 15After 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
submitted by the Office for Nuclear Regulation under section
2064(1)(a)(iv) 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) It is not an offence under this section to disclose information held by
25the Office for Nuclear Regulation if the disclosure is not in
contravention of Part 3 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”.

Part 5 30Other enactments

Explosives Act 1875 (c. 17)1875 (c. 17)

45 The Explosives Act 1875 is amended as follows.

46 In section 61 (keeping and carriage of samples by an inspector appointed by
the Health and Safety Executive under section 19 of the 1974 Act), at the end
35insert the following paragraphs—

“The reference to an inspector appointed by the Health and Safety
Executive under section 19 of the Health and Safety at Work etc. Act
1974 (“the 1974 Act”) is to be read, in relation to a relevant nuclear
site, as a reference to an inspector appointed by the Office for
40Nuclear Regulation under that section.

For this purpose a relevant nuclear site is one in relation to which the
Office for Nuclear Regulation has responsibility for the enforcement

of any of the relevant statutory provisions (within the meaning of
Part 1 of the 1974 Act) by virtue of section 18(1A) or (2) of the 1974
Act.”

47 In section 74 (seizure and detention of explosives liable to forfeiture), after
5subsection (6) insert the following paragraphs—

“In this section, any reference to an inspector appointed by the Health
and Safety Executive under section 19 of the Health and Safety at
Work etc. Act 1974 (“the 1974 Act”) is to be read, in relation to
anything found on a relevant nuclear site, as a reference to an
10inspector appointed by the Office for Nuclear Regulation under that
section.

For this purpose a relevant nuclear site is one in relation to which the
Office for Nuclear Regulation has responsibility for the enforcement
of any of the relevant statutory provisions (within the meaning of
15Part 1 of the 1974 Act) by virtue of section 18(1A) or (2) of the 1974
Act.”

Factories Act 1961 (c. 34)1961 (c. 34)

48 In section 176(1) of the Factories Act 1961 (general interpretation), in the
definition of “inspector”, for the words from “means” to “and references”
20substitute “, in relation to a factory, means an inspector appointed under
section 19 of the Health and Safety at Work etc. Act 1974 (“the 1974 Act”)—

• “(a)

  in the case of a factory on a site in relation to which the
  Office for Nuclear Regulation has responsibility for
  the enforcement of any of the relevant statutory
  25provisions (within the meaning of Part 1 of the 1974
  Act) by virtue of section 18(1A) or (2) of that Act, by
  the Office for Nuclear Regulation;

  (ii)

  in any other case, by the Health and Safety Executive,

  and references”.

30Parliamentary Commissioner Act 1967 (c. 13)1967 (c. 13)

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

“(none) Office for Nuclear Regulation.”

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

50 (1) 35Schedule 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
place insert—

“(None) The Office for Nuclear Regulation.”

(3) 40In 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 3 of the Energy Act 2013).”

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

51 (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
5place 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 3 of the Energy Act 2013).”

10Employment Protection Act 1975 (c.71)1975 (c.71)

52 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)

53 In section 23 of the Civil Aviation Act 1982 (disclosure of information), in
15subsection (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) to a member of staff of the Office for Nuclear
20Regulation (within the meaning of Part 3 of the
Energy Act 2013);”.

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

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

“(ga) 25for the purpose of facilitating the carrying out by the Office
for Nuclear Regulation of any of its functions under any
enactment;”.

Electricity Act 1989 (c. 29)1989 (c. 29)

55 The Electricity Act 1989 is amended as follows.

56 (1) 30Section 3C (health and safety) is amended as follows.

(2) In subsection (1), for the words following “consult” substitute “—

(a) the Health and Safety Executive about all electricity safety
issues, and

(b) the Office for Nuclear Regulation about all electricity safety
35issues relating to nuclear sites (within the meaning of Part 3
of the Energy Act 2013),

which may be relevant to the carrying out of their respective
functions under this Part.”

(3) In subsection (3), after “Health and Safety Executive” insert “or the Office for
40Nuclear Regulation”.

57 In section 56C (references to the Competition Commission), in subsection
(6)(c), after “Health and Safety Executive” insert “, the Office for Nuclear
Regulation”.

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

58 (1) 5The 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)”.

10Water Industry Act 1991 (c. 56)1991 (c. 56)

59 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
15enactment;”.

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

60 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
20for Nuclear Regulation of any of its functions under any
enactment;”.

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

61 The Radioactive Substances Act 1993 is amended as follows.

62 In section 16 (grant of authorisations), as it has effect in relation to Scotland,
25in 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”.

63 In section 17 (revocation and variation of authorisations), as it has effect in
30relation 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)

64 35In 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;”.

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

65 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;”.

5Deregulation and Contracting Out Act 1994 (c. 40)1994 (c. 40)

66 (1) Section 37 of the Deregulation and Contracting Out Act 1994 (power to
repeal certain health and safety provisions) is amended as follows.

(2) In subsection (1), after paragraph (b) insert—

“(ba) any of the relevant nuclear provisions,

(bb) 10any provision of regulations under section 58 of the Energy
Act 2013 which has effect in place of any of the relevant
nuclear provisions,”.

(3) In subsection (2), after paragraph (ac) insert—

“(ad) in the case of regulations under paragraph (ba) or (bb) of that
15subsection, the Office for Nuclear Regulation,”.

(4) In subsection (7) for “or (b)” substitute “(b), (ba) or (bb)”.

(5) In subsection (9)(a), for “or (b)” substitute “(b), (ba) or (bb)”.

(6) After subsection (9) insert—

“(10) In subsection (1), “the relevant nuclear provisions” means—

(a) 20sections 1, 3 to 6, 22 and 24A of the Nuclear Installations Act
1965, and

(b) any regulations made under any of those sections,

so far as they have effect in England and Wales or Scotland.”

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

67 25In 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)

68 In section 235 of the Greater London Authority Act 1999 (restrictions on
30disclosure 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)

69 35In 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.”