Previous Next

Contents page 80-89 90-99 100-108 110-119 120-129 130-139 140-149 150-159 160-169 170-179 180-189 190-199 Last page

Energy BillPage 180

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

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

(None) The Office for Nuclear Regulation.

5Transport Act 2000 (c. 38)2000 (c. 38)

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

(fa) for the purpose of facilitating the carrying out by the Office
for Nuclear Regulation of any of its functions under any
10enactment;.

Energy Act 2004 (c. 20)2004 (c. 20)

72 The Energy Act 2004 is amended as follows.

73 In section 14 (annual reports), in subsection (3)(g), after “with” insert “the
Office for Nuclear Regulation,”.

74 (1) 15Schedule 2 (procedural requirements applicable to NDA’s strategy) is
amended as follows.

(2) In paragraph 4(2) (consultation by NDA), before paragraph (a) insert—

(za) the Office for Nuclear Regulation;.

(3) In paragraph 5(9) (approval of strategy), after paragraph (a) insert—

(aa) 20the Office for Nuclear Regulation;.

75 (1) Schedule 3 (procedural requirements applicable to NDA’s annual plans) is
amended as follows.

(2) In paragraph 2(1) (consultation by NDA), before paragraph (a) insert—

(za) the Office for Nuclear Regulation;.

(3) 25In paragraph 3(8) (approval of annual plan), after paragraph (a) insert—

(aa) the Office for Nuclear Regulation;.

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

76 In Part 3 of Schedule 1 to the Civil Contingencies Act 2004 (category 2
responders: general), after paragraph 29A insert—

30Miscellaneous

29B The Office for Nuclear Regulation.

Railways Act 2005 (c. 14)2005 (c. 14)

77 Schedule 3 to the Railways Act 2005 (transfer of safety functions) is amended
as follows.

78 35In paragraph 1(5) (railway safety purposes), after paragraph (b) (but before
the “and” immediately following it) insert—

(ba) the Office for Nuclear Regulation;.

Energy BillPage 181

79 (1) Paragraph 2 (ORR’s principal railway safety functions) is amended as
follows.

(2) In sub-paragraph (6), for the words following “must” substitute

(a) if the proposals relate to regulations that are relevant to the
5ONR’s purposes (within the meaning of Part 3 of the
Energy Act 2013), consult the Office for Nuclear
Regulation;

(b) in any case, consult—

(i) such government departments, and

(ii) 10such other persons,

as it considers appropriate.

(3) In sub-paragraph (7), at the end insert “and, if the regulations are relevant to
the ONR’s purposes (within the meaning of Part 3 of the Energy Act 2013),
the Office for Nuclear Regulation”.

80 15In paragraph 4 (reports and investigations), after sub-paragraph (4) insert—

(4A) The Office of Rail Regulation must consult the Office for Nuclear
Regulation before taking any step under sub-paragraph (1) in
relation to a matter which appears to the Office of Rail Regulation
to be, or likely to be, relevant to the ONR’s purposes (within the
20meaning of Part 3 of the Energy Act 2013).

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

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

(2) In subsection (7), for “Health and Safety Executive” (in both places)
25substitute “appropriate body”.

(3) After that subsection insert—

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

(a) in relation to a workplace which is, or is on, premises for
which it is the enforcing authority, the Office for Nuclear
30Regulation;

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

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

(5) In paragraph (za)—

(a) 35omit sub-paragraphs (i) and (ii);

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

(iv) which are a workplace which is, or is on, a
construction site, other than one in relation to
which the Office for Nuclear Regulation is
40responsible for health and safety
enforcement;.

(6) After that paragraph insert—

(zaa) in relation to relevant premises—

Energy BillPage 182

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

(ii) for which such a licence or permit would be required
5but for the fact that the premises are used by, or on
behalf of, the Crown; or

(iii) which are a workplace which is, or is on, a
construction site in relation to which the Office for
Nuclear Regulation is responsible for health and
10safety enforcement,

the Office for Nuclear Regulation;.

(7) In paragraph (b)—

(a) in sub-paragraph (i), for “(za)(ii), (iii)” substitute “(za)(iii), (zaa)(ii)”;

(b) in sub-paragraph (ii), for “(za)(ii)” substitute “(zaa)(ii)”.

(8) 15After subsection (9) insert—

(9A) For the purposes of subsection (9)—

(a) “construction site” means a construction site, as defined in
regulation 2(1) of the Construction (Design and
Management) Regulations 2007, to which those Regulations
20apply, other than one to which regulation 46(1) of those
Regulations applies;

(b) the Office for Nuclear Regulation is responsible for health
and safety enforcement in relation to a construction site if, by
virtue of regulations under section 18(2) of the Health and
25Safety at Work etc. Act 1974 (enforcement), it is responsible
for the enforcement of any of the relevant statutory
provisions (within the meaning of Part 1 of that Act) in
relation to the site.

(9) In subsection (10), after “(9)” insert “or (9A)”.

30Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541S.I. 2005/1541)

82 The Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/2541S.I. 2005/2541) is amended
as follows.

83 (1) Article 25 (enforcing authorities) is amended as follows.

(2) That Article becomes paragraph (1) and is amended as follows.

(3) 35In paragraph (b)—

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

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

(iv) any workplace which is, or is on, a
construction site, other than one in relation to
40which the Office for Nuclear Regulation is
responsible for health and safety
enforcement;.

(4) After that paragraph insert—

(bb) the Office for Nuclear Regulation in relation to—

(i) 45any premises for which a licence is required by virtue
of section 1 of the Nuclear Installations Act 1965 or for

Energy BillPage 183

which a permit is required by virtue of section 2 of
that Act;

(ii) any premises for which such a licence or permit
would be required but for the fact that the premises
5are used by, or on behalf of, the Crown;

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

(5) In paragraph (e)—

(a) 10in sub-paragraph (i), for “(b)(ii)” substitute “(bb)(ii)”;

(b) in sub-paragraph (ii), for “(b)(ii)” substitute “(bb)(ii)”.

(6) After Article 25(1) insert—

(2) For the purposes of paragraph (1)—

(a) “construction site” means a construction site, as defined in
15regulation 2(1) of the Construction (Design and
Management) Regulations 2007, to which those Regulations
apply, other than one to which regulation 46(1) of those
Regulations applies;

(b) the Office for Nuclear Regulation is responsible for health
20and safety enforcement in relation to a construction site if, by
virtue of regulations under section 18(2) of the Health and
Safety at Work etc. Act 1974 (enforcement), it is responsible
for the enforcement of any of the relevant statutory
provisions (within the meaning of Part 1 of that Act) in
25relation to the site.

84 In Article 26 (enforcement of Order), in paragraph (3), after “Health and
Safety Executive” (in both places) insert “, Office for Nuclear Regulation”.

Government of Wales Act 2006 (c. 32)2006 (c. 32)

85 In Schedule 7 to the Government of Wales Act 2006 (subjects to which Acts
30of the Assembly may relate), in Part 1, in the exceptions to paragraph 4
(economic development), after “nuclear installations” insert “and the Office
for Nuclear Regulation”.

National Health Service Act 2006 (c. 41)2006 (c. 41)

86 In section 2A of the National Health Service Act 2006 (Secretary of State’s
35duty as to protection of public health)—

(a) in subsection (3)(b), for “the Health and Safety Executive” substitute
“a relevant body”;

(b) in subsection (4)(a), for “Health and Safety Executive” substitute
“relevant body”;

(c) 40after subsection (4) insert—

(5) For the purposes of subsections (3) and (4), each of the
following is a relevant body—

(a) the Health and Safety Executive;

(b) the Office for Nuclear Regulation..

Energy BillPage 184

Road Safety Act 2006 (c. 49)2006 (c. 49)

87 Section 57 of the Road Safety Act 2006 (which amends section 2 of the
Radioactive Material (Road Transport) Act 1991) is repealed.

Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)2007 (c. 19)

88 5In section 25 of the Corporate Manslaughter and Corporate Homicide Act
2007, in the definition of “health and safety legislation”, at the end insert
“and provision dealing with health and safety matters contained in Part 3 of
the Energy Act 2013 (nuclear regulation)”.

Regulatory Enforcement and Sanctions Act 2008 (c. 13)2008 (c. 13)

89 10In Schedule 6 to the Regulatory Enforcement and Sanctions Act 2008
(enactments specified for the purposes of orders under Part 3), the entry for
sections 2 to 6 of the Radioactive Material (Road Transport) Act 1991 is
repealed.

Energy Act 2008 (c. 32)2008 (c. 32)

90 15The Energy Act 2008 is amended as follows.

91 In section 46 (approval of a funded decommissioning programme), in
subsection (6), for paragraph (a) substitute—

(a) the Office for Nuclear Regulation,.

92 In section 50 (power to disapply section 49), in subsection (2), for paragraph
20(a) substitute—

(a) the Office for Nuclear Regulation,.

93 In section 54 (nuclear decommissioning: regulations and guidance), in
subsection (8), for paragraph (a) substitute—

(a) the Office for Nuclear Regulation,.

94 25In section 59 (offence of further disclosure of information), in subsection
(2)(c)—

(a) for “the Health and Safety Executive” substitute “the Office for
Nuclear Regulation”;

(b) for “the Executive” substitute “the Office for Nuclear Regulation”.

95 30In section 63 (co-operation with other public bodies), in subsection (2), for
paragraph (a) substitute—

(a) the Office for Nuclear Regulation;.

Borders, Citizenship and Immigration Act 2009 (c. 11)2009 (c. 11)

96 (1) Part 1 of the Borders, Citizenship and Immigration Act 2009 (which provides
35for certain functions of the Commissioners for Her Majesty’s Revenue and
Customs to be exercisable concurrently by the Secretary of State or the
Director of Border Revenue) is amended as follows.

(2) In section 1 (general customs functions of the Secretary of State), in
subsection (6), after paragraph (a) (but before the “and” immediately

Energy BillPage 185

following it) insert—

(aa) sections 81 and 82 of the Energy Act 2012 (HMRC functions
in relation to Office for Nuclear Regulation etc.),.

(3) In section 7 (customs revenue functions of the Director of Border Revenue)
5in subsection (7), after paragraph (a) (but before the “and” immediately
following it) insert—

(aa) sections 81 and 82 of the Energy Act 2012 (HMRC functions
in relation to Office for Nuclear Regulation etc.),.

Equality Act 2010 (c. 15)2010 (c. 15)

97 10In Schedule 19 to the Equality Act 2010 (public authorities: general), after the
entry for the Health and Safety Executive insert—

(None) The Office for Nuclear Regulation..

Health and Social Care Act 2012 (c. 7)2012 (c. 7)

98 In section 58(6) of the Health and Social Care Act 2012 (radiation protection
15functions), after paragraph (b) insert—

(c) the Office for Nuclear Regulation..

Section 111

SCHEDULE 13 Transfer schemes under section 111

1 (1) On the transfer date, the designated property, rights and liabilities that are
20to be transferred from the Oil and Pipelines Agency (“the transferor”) to the
Secretary of State (“the transferee”) are transferred and vest in accordance
with the scheme.

(2) The rights and liabilities that may be transferred by a scheme include those
arising under or in connection with a contract of employment.

(3) 25A certificate by the Secretary of State that anything specified in the certificate
has vested in the Secretary of State by virtue of a scheme is conclusive
evidence for all purposes of that fact.

(4) In this Schedule—

2 (1) A scheme may make provision—

(a) for anything done by or in relation to the transferor in connection
with any property, rights or liabilities transferred by the scheme to
40be treated as done, or to be continued, by or in relation to the
transferee;

Energy BillPage 186

(b) for references to the transferor in any agreement (whether written or
not), instrument or other document relating to any property, rights
or liabilities transferred by the scheme to be treated as references to
the transferee;

(c) 5about the continuation of legal proceedings;

(d) for transferring property, rights or liabilities which could not
otherwise be transferred or assigned;

(e) for transferring property, rights and liabilities irrespective of any
requirement for consent which would otherwise apply;

(f) 10for preventing a right of pre-emption, right of reverter, right of
forfeiture, right to compensation or other similar right from arising
or becoming exercisable as a result of the transfer of property, rights
or liabilities;

(g) for dispensing with any formality in relation to the transfer of
15property, rights or liabilities by the scheme;

(h) for transferring property acquired, or rights or liabilities arising,
after the scheme is made but before it takes effect;

(i) for apportioning property, rights or liabilities;

(j) for creating rights, or imposing liabilities, in connection with
20property, rights or liabilities transferred by the scheme;

(k) for requiring the transferee to enter into any agreement of any kind,
or for a purpose, specified in or determined in accordance with the
scheme;

(l) if the TUPE regulations do not apply in relation to the transfer, make
25provision which is the same or similar.

(2) Sub-paragraph (1)(b) does not apply to references in primary legislation or
in subordinate legislation.

3 For the purposes of this Schedule—

(a) an individual who holds employment in the civil service is to be
30treated as employed by virtue of a contract of employment, and

(b) the terms of the individual’s employment in the civil service are to be
regarded as constituting the terms of the contract of employment.

Section 126

SCHEDULE 14 Consumer redress orders

35Part 1 Gas consumers

1 (1) The Gas Act 1986 is amended as set out in sub-paragraphs (2) to (7).

(2) After section 30F insert—

30G Consumer redress orders

(1) 40This section applies where the Authority is satisfied that—

(a) a regulated person has contravened, or is contravening, any
relevant condition or requirement, and

Energy BillPage 187

(b) as a result of the contravention, one or more consumers have
suffered loss or damage or been caused inconvenience.

(2) The Authority may make an order (a “consumer redress order”)
requiring the regulated person to do such things as appear to the
5Authority necessary for the purposes of—

(a) remedying the consequences of the contravention, or

(b) preventing a contravention of the same or a similar kind from
being repeated.

(3) A consumer redress order must specify the following—

(a) 10the regulated person to whom the order applies;

(b) the contravention in respect of which the order is made;

(c) the affected consumers, or a description of such consumers;

(d) the requirements imposed by the order;

(e) the date by which the regulated person must comply with
15such requirements.

(4) As soon as practicable after making a consumer redress order, the
Authority must—

(a) serve a copy of the order on the regulated person to whom
the order applies, and

(b) 20either—

(i) serve a copy of the order on each affected consumer,
or

(ii) publish the order in such manner as the Authority
considers appropriate for the purpose of bringing it to
25the attention of affected consumers.

(5) The date specified in a consumer redress order under subsection
(3)(e) may not be earlier than the end of the period of 7 days from the
date of the service of a copy of the order on the regulated person.

(6) Different dates may be specified under subsection (3)(e) in relation to
30different requirements imposed by the order.

(7) This section is subject to sections 30H to 30O.

(8) In this section and in sections 30H to 30O—

30H Remedial action under a consumer redress order

(1) The things mentioned in section 30G(2) that a regulated person may
be required to do under a consumer redress order (“the required
remedial action”) include, in particular—

(a) 45paying an amount to each affected consumer by way of
compensation for the loss or damage suffered, or for the
inconvenience caused, as a result of the contravention;

Energy BillPage 188

(b) preparing and distributing a written statement setting out the
contravention and its consequences;

(c) terminating or varying any contracts entered into between
the regulated person and affected consumers.

(2) 5Where the required remedial action includes the payment of
compensation, the order must specify—

(a) the amount of compensation to be paid, and

(b) the affected consumers, or a description of such consumers,
to whom it is to be paid.

(3) 10Where the required remedial action includes the preparation and
distribution of a statement, the order may specify the information to
be contained in the statement and the form and manner in which it is
to be distributed.

(4) The manner so specified may in particular include—

(a) 15sending a copy of the statement to each affected consumer;

(b) publishing the statement in such manner as the Authority
considers appropriate for the purpose of bringing the
statement to the attention of those consumers.

(5) Where the required remedial action includes the termination or
20variation of a contract with an affected consumer—

(a) the order may specify the terms on which the contract is to be
terminated or the way in which it is to be varied,

(b) the requirement has effect only if, and to the extent that, the
affected consumer consents to the termination of the contract
25on those terms or to its variation in that way, and

(c) the order may specify the steps to be taken by the regulated
person for the purpose of enabling the affected consumer to
give such consent.

30I Other procedural requirements in relation to consumer redress orders

(1) 30Before making a consumer redress order the Authority must give
notice stating that it proposes to make the order.

(2) A notice under subsection (1) must specify—

(a) the regulated person to whom the order will apply,

(b) the contravention in respect of which the order is to be made,

(c) 35the affected consumers, or a description of such consumers,

(d) the requirements to be imposed by the order and the period
within which such requirements are to be complied with, and

(e) the time (not being less than 21 days from the relevant date)
by which representations or objections with respect to the
40proposed order may be made,

and the Authority must consider any representations or objections
which are duly made and not withdrawn.

(3) Before varying any proposal stated in a notice under subsection (1)
the Authority must give notice specifying—

(a) 45the proposed variation and the reasons for it, and

Energy BillPage 189

(b) the time (not being less than 21 days from the relevant date)
by which representations or objections with respect to the
proposed variation may be made,

and the Authority must consider any representations or objections
5which are duly made and not withdrawn.

(4) Before revoking a consumer redress order the Authority must give
notice—

(a) stating that it proposes to revoke the order and the reasons
for doing so, and

(b) 10specifying the time (not being less than 21 days from the
relevant date) within which representations or objections to
the proposed revocation may be made,

and the Authority must consider any representations or objections
which are duly made and not withdrawn.

(5) 15A notice required to be given under this section is to be given—

(a) by serving a copy of the notice on the regulated person, and

(b) either—

(i) by serving a copy of the notice on each affected
consumer, or

(ii) 20by publishing the notice in such manner as the
Authority considers appropriate for the purpose of
bringing the matters to which the notice relates to the
attention of affected consumers.

(6) The “relevant date”, in relation to a notice under this section, is—

(a) 25in a case where the notice is published in accordance with
subsection (5)(b)(ii), the date on which it is published;

(b) in any other case, the latest date on which a copy of the notice
is served in accordance with subsection (5)(a) and (b)(i).

30J Statement of policy with respect to consumer redress orders

(1) 30The Authority must prepare and publish a statement of policy with
respect to—

(a) the making of consumer redress orders, and

(b) the determination of the requirements to be imposed by such
orders (including, in particular, the considerations the
35Authority will have regard to in determining such
requirements).

(2) The Authority must have regard to its current statement of policy—

(a) in deciding whether to make a consumer redress order in
respect of a contravention, and

(b) 40in determining the requirements to be imposed by any such
order.

(3) The Authority may revise its statement of policy and, where it does
so, must publish the revised statement.

(4) Publication under this section is to be in such manner as the
45Authority considers appropriate for the purpose of bringing the
matters contained in the statement of policy to the attention of
persons likely to be affected by them.

Previous Next

Contents page 80-89 90-99 100-108 110-119 120-129 130-139 140-149 150-159 160-169 170-179 180-189 190-199 Last page