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

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

(11) 5If 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
purposes of their incorporation in licences of that type granted after
that time, and

(b) 10publish 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
be 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
15conditions or a document) includes a power to amend, add to or remove, and
references to modifications are to be construed accordingly.

49 Consequential amendments

(1) In 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
20to 29 of the Energy Act 2010 or Part 2 of the Energy Act 2013”.

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

(a) after paragraph (e) omit “or”;

(b) after paragraph (f) insert or

(g) 25under the Energy Act 2013..

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

(a) after paragraph (d) omit “or”;

(b) after paragraph (e) insert , or

(f) 30under 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 “,
under section 98 of the Energy Act 2011 or section 29 or 34 of the Energy Act
2013.”.

50 35Review of certain provisions of Part 2

(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
carry out a review of the provisions of the following Chapters of this Part—

(a) Chapter 2 (contracts for difference);

(b) 40Chapter 3 (capacity market);

(c) Chapter 5 (conflicts of interest and contingency arrangements);

(d) Chapter 6 (access to markets);

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

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(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) 5assess 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.

10Part 3 Nuclear Regulation

CHAPTER 1 The ONR’s purposes

51 The ONR’s purposes

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

(a) 15the nuclear safety purposes (see section 52),

(b) the nuclear site health and safety purposes (see section 53),

(c) the nuclear security purposes (see section 54),

(d) the nuclear safeguards purposes (see section 56), and

(e) the transport purposes (see section 57).

52 20Nuclear 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) the design and construction of relevant nuclear installations and
25associated 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
sites, and

(d) 30arrangements 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) relevant nuclear installations, or

(b) 35nuclear 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) In this section—

53 10Nuclear 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) securing the health, safety and welfare of persons at work on GB
15nuclear 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) controlling the storage and use on GB nuclear sites of dangerous
20substances 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
flammable or otherwise dangerous substances, other than nuclear
25matter;

(b) “GB nuclear site” and “nuclear matter” have the same meanings as in
section 52.

(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
30purposes of Part 1 of the 1974 Act.

54 Nuclear security purposes

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

(a) civil nuclear premises;

(b) 35nuclear material used or stored on civil nuclear premises and
equipment or software used or stored on such premises in connection
with 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
40connection with activities involving such other radioactive material;

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

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

(i) is capable of being used in, or in connection with, the
45enrichment of uranium, and

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

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(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
5involved;

(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) 10nuclear 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,

15other 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
20includes doing so by means of the design of, or of anything on, the site or
premises.

(3) In this section—

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

(1) This section applies where the Secretary of State considers that information of
5any 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
specifying that description of information.

(3) 10The 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) In this section “civil nuclear premises” has the same meaning as in section 54.

56 15Nuclear 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
safeguards obligations, and

(b) 20the development of any future safeguards obligations.

(2) In subsection (1)(a) “the safeguards obligations” has the meaning given by
section 76.

57 Transport purposes

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

(a) 25protecting against risks relating to the civil transport of radioactive
material in Great Britain by road, rail or inland waterway which arise
out 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) 30For this purpose—

(a) “civil transport” means transport otherwise than for the purposes of the
department 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
35ADR,

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

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

(c) 40the transport of material begins with any preparatory process (such as
packaging) and continues until the material has been unloaded at its
destination.

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(3) In subsection (2)(b)

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
15material”.

CHAPTER 2 Nuclear regulations

58 Nuclear regulations

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

(a) 20the 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
25made by nuclear regulations) has effect.

(3) Nuclear regulations may—

(a) confer functions on the ONR;

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

(c) 30create offences (as to which see section 59);

(d) modify—

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

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

(e) 35provide for exemptions (including conditional exemptions) from any
prohibition or requirement imposed by or under any of the relevant
statutory provisions;

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

(g) 40provide 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) Provision that may be included by virtue of subsection (3)(a) includes, in
particular,—

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(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
mentioned in subsection (3)(e).

(5) 5Nuclear 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
be treated as having been committed at any specified place for the
10purpose 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) a British citizen, a British overseas territories citizen, a British
15National (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) a Scottish partnership, or

(c) 20a 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
regulations (within the meaning of Part 1 of the 1974 Act), the Health
25and 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 64(1)(a)(i).

(9) 30Nuclear regulations which include any provisions to which any paragraph of
subsection (10) applies must identify those provisions as such.

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

(a) the nuclear security purposes,

(b) 35the nuclear safeguards purposes, or

(c) both of those purposes,

and for no other purpose.

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

59 40Nuclear regulations: offences

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

(a) only summarily, or

(b) either summarily or on indictment.

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

(a) on conviction on indictment—

(i) with imprisonment for a term not exceeding the period
5specified, which may not exceed 2 years,

(ii) with a fine, or

(iii) with both,

(b) on summary conviction—

(i) with imprisonment for a term not exceeding the period
10specified,

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

(iii) with both.

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

(a) 15in 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
limit on magistrates’ court’s power to imprison) comes into
force,

(ii) 2012 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) Nuclear regulations may provide for a summary offence under the regulations
to be punishable—

(a) 25with 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) with both.

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

(a) 30in 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
of penalties for summary offences) comes into force, or

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

(b) 35in relation to Scotland, 12 months,

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

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

60 Civil liability for breach of nuclear regulations

(1) Breach of a duty imposed by nuclear regulations is actionable to the extent that
40it 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) the operation of subsection (1), or

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

(3) 45Nuclear regulations may provide—

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(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
(1).

(4) Nothing in subsection (1) or (3)(b) affects any right of action or defence which
5otherwise exists or may be available.

(5) In this section—

CHAPTER 3 Office for Nuclear Regulation

61 10The Office for Nuclear Regulation

(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) Schedule 7 makes further provision about the ONR.

CHAPTER 4 Functions of the ONR

15Functions of ONR: general

62 Principal function

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

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

63 20Codes of practice

(1) The ONR may, with the consent of the Secretary of State, issue codes of practice
giving 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
25code of practice issued under this section.

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

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

(b) 30any other government department or other person that the ONR
considers it appropriate to consult.

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

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

(6) 5A 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) A person’s failure to observe any provision of an approved code of practice
10does 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
provisions, and

(b) 15at 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) Where—

(a) 20in 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) the prosecution prove that, at a material time, the defendant failed to
25observe 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.

(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.

64 30Proposals about orders and regulations

(1) The ONR may from time to time—

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

(i) nuclear regulations,

(ii) regulations under section 68,

(iii) 35regulations under section 84,

(iv) health and safety fees regulations, or

(v) orders or regulations under a relevant enactment;

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

(2) 40In this section—

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

(a) 15any 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) A direction under subsection (3)(a) may be general or may relate to a particular
20proposal, or to proposals of a particular kind.

65 Enforcement of relevant statutory provisions

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

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

(a) 25the provisions of—

this Part, and

nuclear regulations;

(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
30or Scotland—

section 1;

sections 3 to 6;

section 22;

section 24A; and

(c) 35the provisions of the Nuclear Safeguards Act 2000.

66 Inspectors

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

67 Investigations

(1) The ONR may—

(a) 40investigate and make a report (“a special report”) on any relevant
matter, or

(b) authorise another person to do so.

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

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(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
other matter which the ONR considers it necessary or desirable to
5investigate—

(a) for any of the ONR’s purposes, or

(b) with a view to the making of—

(i) nuclear regulations, or

(ii) regulations under section 15 of the 1974 Act (health and safety
10regulations) 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) is not a member or member of staff of the ONR, and

(b) 15investigates 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) The ONR must consult the Office of Rail Regulation before taking any step
20under 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 77.

68 Inquiries

(1) 25The 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) In this Part “ONR inquiry” means an inquiry under this section.

(3) An ONR inquiry must be held in accordance with regulations made by the
30Secretary of State.

(4) Except as provided by the regulations—

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

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

(5) 35The regulations may in particular make provision—

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

(i) powers of entry and inspection;

(ii) powers of summoning witnesses to give evidence or produce
40documents;

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

(iv) power to require the making of declarations;

(b) as to circumstances in which—

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

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(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) creating summary offences.

(6) 5An 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
Scotland, and

(b) 10the 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.

69 Inquiries: payments and charges

(1) 15The 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) The ONR may pay to persons attending an ONR inquiry as witnesses such
20expenses 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.

(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) 25The aggregate of the payments required under subsection (4) must not exceed
the ONR’s costs that are attributable to the ONR inquiry.

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

Other functions

70 30Provision of information

(1) The ONR must make such arrangements as it considers appropriate for
providing 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) 35for providing information to any person or category of persons
(whether or not concerned with matters relevant to the ONR’s
purposes);

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

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

(3) 40This section is subject to section 77.

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71 Research, training etc

(1) The 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) 5must, if it considers it appropriate to do so, publish the results of any
such research or arrange for them to be published.

(2) The 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) 10The ONR may provide, or make arrangements for the provision of, training to
any person in connection with the ONR’s purposes.

(4) Arrangements 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) 15persons to whom the training is provided.

72 Provision of information or advice to relevant authorities

(1) The 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
20requested—

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

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

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

(b) 25in any case, in connection with any matter with which the relevant
authority 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—

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