(i) Schedule 8,

(ii) 30section 19 of the 1974 Act, or

(iii) Article 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
3561(3) of the Fire (Scotland) Act 2005 (asp. 5)2005 (asp. 5) in their capacity as such
enforcing 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) 40is one on which expert advice is obtainable from any member or
member 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) 45relevant information requested under subsection (2)(b), or

(b) relevant 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
5ONR to provide information or advice.

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

(a) a Minister of the Crown;

(b) the Scottish Ministers;

(c) the Welsh Ministers;

(d) 10a Northern Ireland Department;

(e) the Health and Safety Executive;

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

(g) the Civil Aviation Authority;

(h) the Office of Rail Regulation.

73 15Arrangements with government departments etc

(1) If 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) 20The condition is that—

(a) the 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
25making a special report under paragraph 4 of Schedule 3 to the
Railways 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) 30in the case of an agreement with a Minister of the Crown, include a
function 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
35with or without payment.

(5) The 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.

74 40Provision of services or facilities

(1) The 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) are not relevant to the ONR’s purposes, but

(b) 5are 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) generally in relation to such arrangements of a particular description.

(5) 10Arrangements 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

75 Directions from Secretary of State

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

(a) 15its 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) must not confer functions on the ONR (other than a function of which
20it 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) 25modify 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
30relating 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) 35The 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
40before Parliament a memorandum stating that such a direction has been given
and the date on which it was given.

76 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
facilitate compliance by a Minister of the Crown, with the safeguards
5obligations.

(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) the agreement made on 6 September 1976 between the United
10Kingdom, 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) the protocol signed at Vienna on 22 September 1998 additional to the
15agreement 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;

and any reference in paragraphs (a) to (c) to a treaty, agreement or protocol is
20to 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
ONR.

(5) 25The ONR must publish any notice given under this section.

(6) Subsection (1) is not to be taken to affect the generality of section 62.

77 Consent of Secretary of State for certain communications

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

(2) 30This section applies to—

(a) any—

(i) security guidance, or

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

that the ONR considers concerns any matter to which any government
35policy 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.

This is subject to subsection (3).

(3) 40This section does not apply to—

(a) a code of practice issued under section 63;

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

(c) advice given in a particular case.

(4) 45In this section—

Energy BillPage 67

• “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)

  5has 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
  10relevant 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
15guidance 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
20government 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
25seek 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.

78 Power to arrange for exercise of functions by others

(1) If the condition in subsection (2) is satisfied, the ONR may make arrangements
30with 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.

79 35Co-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) 40review the arrangements from time to time, and

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

Information etc

80 Power to obtain information

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

5This 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) at a specified time;

(c) 10in 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) No notice may be given under this section which imposes a requirement which
15could 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) A person who commits an offence under this section is liable—

(a) 20on summary conviction, to a fine not exceeding the statutory
maximum, or

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

81 Powers of HMRC in relation to information

(1) The Commissioners for Her Majesty’s Revenue and Customs may disclose
25information about imports to—

(a) the ONR,

(b) an inspector, or

(c) a health and safety inspector,

for the purpose of facilitating the ONR, inspector or health and safety inspector
30to carry out any function.

(2) For this purpose, “information about imports” means information obtained or
held 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
35inspector 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
inspector.

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

(1) An officer of Revenue and Customs may seize any imported article or
40substance and detain it for the purpose of facilitating the ONR or an inspector
to carry out any function under the relevant statutory provisions.

(2) It 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
Wales), 12 months (in Scotland) or 6 months (in Northern Ireland),

(b) 5to 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),
the reference in subsection (3)(a), as it has effect in England and Wales, to 51
10weeks 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
Commissioners for Her Majesty’s Revenue and Customs may direct.

(6) 15In 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
Kingdom where it is seized.

83 20Disclosure of information

Schedule 9 (disclosure of information) has effect.

Fees

84 Fees

(1) The Secretary of State may by regulations provide for fees to be payable for, or
25in connection with, the performance of any of the following functions
(whenever conferred)—

(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
30Anti-terrorism, Crime and Security Act 2001 (prohibition of disclosures
of uranium enrichment 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) 35specified in the regulations, or

(b) determined 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) 40Regulations under this section may not provide for a fee to be payable by
anyone in the capacity of—

(nonenone) an employee,

(nonenone) a person seeking employment,