(nonenone) a person training for employment, or

(nonenone) a person seeking training for employment.

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

(a) “employee” and “employment” have the same meanings as in Part 1 of
5the 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
employment.

(6) Before making regulations under subsection (1), the Secretary of State must
10consult—

(a) the ONR, and

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

(7) Subsection (6)(a) does not apply if the regulations give effect, without
15modification, to any proposals submitted by the ONR under section
64(1)(a)(iii).

CHAPTER 5 Supplementary

General duties of employers, employees and others

85 General duty of employees at work in relation to requirements imposed on
20others

(1) Every 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) 25A person who commits an offence under subsection (2) is liable—

(a) on 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) 30to a fine not exceeding the statutory maximum, or

(iii) to both;

(b) on conviction on indictment—

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

(ii) to a fine, or

(iii) 35to both.

(4) In 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
40months.

(5) In 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) 5any provision of the Nuclear Safeguards Act 2000,

(ii) any provision of nuclear regulations which is identified under
section 58(9) as having been made solely for the nuclear
safeguards purposes.

86 Duty not to interfere with or misuse certain things provided under statutory
10requirements

(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) 15on 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) 20to 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) 25In 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.

87 Duty not to charge employees for certain things

(1) 30It 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) 35on 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) 40“relevant provision” has the same meaning as in section 85.

Offences

88 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) 5recklessly 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) 10for 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) 15with 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) 20It is an offence for a person, with intent to deceive—

(a) to 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) 25issued or authorised to be issued under any of the relevant statutory
provisions, 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) 30to 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) to both;

(b) 35on conviction on indictment—

(i) to 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)
40of the Criminal Justice Act 2003 (general limit on magistrates’ court’s powers
to 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.

89 Provision relating to offences under certain relevant statutory provisions

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

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

(a) 5the 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) the continuation of offences;

(d) 10where 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
and Wales;

(g) 15powers 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) power of the court to order a defendant to take remedial action.

20Supplementary

90 Reporting requirements of Secretary of State

(1) As soon as reasonably practicable after the end of the financial year, the
Secretary of State must make a report to each House of Parliament on the use
of the Secretary of State’s powers under this Part during the year.

(2) 25The Secretary of State must lay a copy of any such report before Parliament.

91 Notices etc

(1) In this section references to a notice are to a notice or other document that is
required or authorised to be given to any person under a relevant provision.

(2) A notice to the person must be in writing.

(3) 30A notice may be given by—

(a) delivering it to the person,

(b) leaving it at the person’s proper address,

(c) sending it by post to the person at that address, or

(d) in the case of a notice to be given to the owner or occupier of any
35premises (whether or not a body corporate), in accordance with
subsection (9), (10) or (11).

(4) A notice may—

(a) in the case of a body corporate, be given in accordance with subsection
(3) to a director, manager, secretary or other similar officer of the body
40corporate, and

(b) in the case of a partnership, be given in accordance with subsection (3)
to a partner or a person having the control or management of the
partnership business or, in Scotland, the firm.

(5) For the purposes of this section and section 7 of the Interpretation Act 1978
(service of documents by post) in its application to this section, the “proper
address” is—

(a) in the case of a notice to be given to a body corporate or an officer of the
5body, the address of the registered or principal office of the body;

(b) in the case of a notice to be given to a partnership, a partner or a person
having the control or management of the partnership business, the
address of the principal office of the partnership;

(c) in any other case, the last known address of the person to whom the
10notice is to be given.

(6) For the purposes of subsection (5), the principal office of a company registered
outside the United Kingdom or of a partnership carrying on business outside
the United Kingdom is its principal office within the United Kingdom.

(7) Subsection (8) applies if—

(a) 15a person has specified an address in the United Kingdom as one at
which the person, or someone on the person’s behalf, will accept
documents of the same description as a notice, and

(b) the address so specified is not the person’s proper address (as
determined under subsection (5)).

(8) 20The specified address is also to be treated as the person’s proper address for
the purposes of this section and section 7 of the Interpretation Act 1978 in its
application to this section.

(9) A notice that is to be given to the owner or occupier of any premises may be
given by—

(a) 25sending it by post to the person at those premises, or

(b) addressing it by name to the person and delivering it to some
responsible person who is or appears to be resident or employed at the
premises.

(10) If the name or address of an owner or occupier of premises cannot be
30ascertained after reasonable inquiry, a notice to the owner or occupier may be
given by—

(a) addressing it by the description “owner” or “occupier” of the premises
to which the notice relates (and describing the premises), and

(b) delivering it to some responsible person who is or appears to be
35resident or employed there.

(11) If there is no person as mentioned in subsection (10)(b), then the notice may be
given by fixing it, or a copy of it, to some conspicuous part of the premises.

(12) This section is subject to provision made in regulations under this Part in
respect of notices given under the regulations.

(13) 40In this section—

• “director”, in relation to a body corporate whose affairs are managed by
  its members, means a member of the body corporate;

• “employed” has the same meaning as in the 1974 Act;

• “relevant provision” means any of the relevant statutory provisions other
  45than a provision of the Nuclear Safeguards Act 2000;

and references to giving a notice include similar expressions (such as serving
or sending).

92 Electronic delivery of notices etc

(1) This section applies where—

(a) section 91 authorises the giving of a notice or other document by its
delivery to a particular person (“the recipient”), and

(b) 5the notice or other document is transmitted to the recipient—

(i) by means of an electronic communications network, or

(ii) by other means but in a form that requires the use of apparatus
by the recipient to render it intelligible.

(2) The transmission has effect for the purposes of section 91 as a delivery of the
10notice or other document to the recipient, but only if the recipient has indicated
to the person making the transmission (“the sender”) a willingness to receive
the notice or other document in the form and manner used.

(3) An indication to the sender for the purposes of subsection (2)—

(a) must be given to the sender in such manner as the sender may require,

(b) 15may be a general indication or an indication that is limited to notices or
other documents of a particular description,

(c) must state the address to be used,

(d) must be accompanied by such other information as the sender requires
for the making of the transmission, and

(e) 20may be modified or withdrawn at any time by a notice given to the
sender in such manner as the sender may require.

(4) In this section “electronic communications network” has the same meaning as
in the Communications Act 2003; and the reference to giving a notice is to be
read in accordance with section 91.

93 25Crown application: Part 3

(1) Subject as follows, this Part, and regulations made under it, bind the Crown.

(2) Part 2 of Schedule 8 (inspectors: improvement and prohibition notices) does
not bind the Crown.

(3) Any other provision of, or of regulations under, this Part under which a person
30may be prosecuted for an offence—

(a) does not bind the Crown, but

(b) applies to persons in the public service of the Crown as it applies to
other persons.

(4) So far as it applies to nuclear regulations, subsection (3) is subject to any
35provision made by those regulations.

(5) For the purposes of this Part and regulations made under this Part, persons in
the service of the Crown are to be treated as employees of the Crown (whether
or not they would be so treated apart from this subsection).

(6) The Secretary of State may, by order—

(a) 40amend this section so as to provide for any provision made by or under
this Part to apply to the Crown, or not to apply to the Crown, to any
extent;

(b) amend any provision of sections 52 to 57 so far as it affects the extent to
which any of the ONR’s purposes relates to the Crown or any of the
45purposes of the Crown.

(7) Provision that may be made under subsection (6) includes in particular
provision altering whether, or the extent to which, any of the ONR’s purposes
relates to—

(a) sites or premises used or occupied by the Crown,

(b) 5sites controlled or occupied to any extent for defence purposes (within
the meaning of section 54), or

(c) transport for those purposes.

(8) Nothing in this section authorises proceedings to be brought against Her
Majesty in her private capacity (within the meaning of the Crown Proceedings
10Act 1947).

94 Interpretation of Part 3

(1) In this Part—

• “the 1974 Act” means the Health and Safety at Work etc. Act 1974;

• “approved code of practice” has the meaning given by section 63(7);

• 15“financial year”, in relation to the ONR, has the meaning given by
  paragraph 28 of Schedule 7;

• “health and safety inspector” means a person appointed by the ONR
  under section 19 of the 1974 Act;

• “improvement notice” has the meaning given by paragraph 3(2) of
  20Schedule 8;

• “inspector” means an inspector appointed under Part 1 of Schedule 8
  (unless otherwise specified);

• “member of staff”, in relation to the ONR, is to be read in accordance with
  paragraph 2(2) of Schedule 7;

• 25“modify” includes amend, repeal or revoke (and “modification” is to be
  read accordingly);

• “nuclear regulations” has the meaning given by section 58(1);

• “nuclear site” means—

  (a)

  a site in respect of which a nuclear site licence is in force, or

  (b)

  30a site in respect of which a period of responsibility has not
  ended;

• “nuclear site licence” has the same meaning as in the Nuclear Installations
  Act 1965 (see section 1 of that Act);

• “ONR” means the Office for Nuclear Regulation;

• 35“ONR inquiry” has the meaning given by section 68(2);

• “period of responsibility”, in relation to a site, means the period of
  responsibility (within the meaning given in section 5 of the Nuclear
  Installations Act 1965 (revocation and surrender of licences)) in respect
  of a nuclear site licence granted at any time in respect of the site;

• 40“personal injury” includes—

  (a)

  any disease, and

  (b)

  any impairment of a person’s physical or mental condition;

• “prohibition notice” has the meaning given by paragraph 4(2) of Schedule
  8;

• 45“regulatory function”, in relation to the ONR, means—

  (a)

  a function of giving or revoking permission or approval in
  relation to any material, premises or activity;

  Energy BillPage 77

  (b)

  a function of imposing conditions or requirements in relation to
  any material, premises or activity;

  (c)

  a function, other than a function under section 67
  (investigations), which relates to securing, monitoring or
  5investigating compliance with conditions or requirements
  (however imposed) in relation to any material, premises or
  activity;

  (d)

  a function which relates to the enforcement of such
  requirements;

• 10“relevant power” has the meaning given by paragraph 2 of Schedule 8;

• “relevant statutory provisions” has the meaning given by section 65(2)
  (unless otherwise specified).

(2) The following apply for the purposes of this Part as they apply for the purposes
of Part 1 of the 1974 Act—

(a) 15section 52(1) of that Act (meaning of “work” and “at work”);

(b) the power conferred by section 52(2)(a) of that Act to extend the
meaning of “work” and “at work”.

95 Subordinate legislation under Part 3

(1) Any power to make subordinate legislation under this Part is exercisable by
20statutory instrument.

(2) An instrument containing—

(a) nuclear regulations which amend or repeal any provision of the
Nuclear Safeguards Act 2000 (whether or not it includes other
provision), or

(b) 25an order under section 93,

may not be made unless a draft of the instrument has been laid before and
approved by a resolution of each House of Parliament.

(3) An instrument containing an order under paragraph 26 of Schedule 7
(payments and borrowing) may not be made unless a draft of the instrument
30has been laid before and approved by a resolution of the House of Commons.

(4) An instrument containing any other subordinate legislation under this Part is
subject to annulment in pursuance of a resolution of either House of
Parliament.

(5) Any power to make subordinate legislation under this Part includes power—

(a) 35to make different provision for different cases;

(b) to make provision for some cases only or subject to exceptions;

(c) to make provision generally or only in particular respects.

(6) Any subordinate legislation under this Part may include—

(a) consequential, incidental or supplementary provision;

(b) 40transitional, transitory or saving provision.

(7) In this section “subordinate legislation” means an Order in Council, an order
or regulations.

(8) In relation to any modification of a provision of, or made under, any of the
provisions of the Nuclear Installations Act 1965 that are relevant statutory
45provisions, the power conferred by subsection (6)(a) includes power to extend

the modification to Northern Ireland for the purpose of ensuring that the text
of the provision is uniform throughout the United Kingdom (but does not
include power to alter the effect of the provision in relation to a site in Northern
Ireland).

96 5Transitional provision etc

(1) The Secretary of State may by order make any transitional, transitory or saving
provision which appears appropriate in consequence of, or otherwise in
connection with, this Part.

(2) The provision which may be made by virtue of subsection (1) includes, in
10particular—

(a) provision modifying any provision made by—

(i) primary legislation passed before the end of the session in
which this Act was passed, or

(ii) an instrument made before the end of that session;

(b) 15provision for treating any regulations within subsection (3) as relevant
statutory provisions (or as relevant statutory provisions of a particular
description).

(3) The regulations mentioned in subsection (2)(b) are regulations made under a
provision within subsection (4) so far as they relate to, or to fees payable in
20respect of functions which relate to, any of the following purposes—

(a) the nuclear safety purposes;

(b) the nuclear security purposes;

(c) the nuclear safeguards purposes;

(d) the transport purposes.

(4) 25The provisions mentioned in subsection (3) are—

(a) section 2(2) of the European Communities Act 1972 (general
implementation of Treaties);

(b) section 15 of the 1974 Act (health and safety regulations);

(c) section 43 of that Act (fees);

(d) 30section 3 of the Nuclear Safeguards Act 2000 (identifying persons who
have information);

(e) section 77 of the Anti-terrorism, Crime and Security Act 2001
(regulation of security of civil nuclear industry).

(5) Provision made under this section is additional, and without prejudice, to that
35made by or under any other provision of this Act.

97 Transfer of staff etc

Schedule 11 (which makes provision about schemes to transfer staff etc to the
ONR) has effect.

98 Minor and consequential amendments

(1) 40Schedule 12 (minor and consequential amendments related to Part 3) has
effect.

(2) The Secretary of State may by order make such modifications of—

(a) primary legislation passed before the end of the session in which this
Act is passed, or

(b) an instrument made before the end of that session,

as the Secretary of State considers appropriate in consequence of this Part.

99 5Application of Part 3

(1) Her Majesty may by Order in Council provide that the provisions of this Part
apply, so far as specified, in relation to persons, premises, activities, articles,
substances or other matters, outside the United Kingdom as they apply within
the United Kingdom or a specified part of the United Kingdom.

(2) 10Such an Order in Council may—

(a) provide for any provisions of this Part to apply subject to modifications;

(b) provide for any of those provisions, as applied by the Order, to apply—

(i) in relation to individuals, whether or not they are British
citizens, and

(ii) 15in relation to bodies corporate, whether or not they are
incorporated under the law of a part of the United Kingdom;

(c) make provision for conferring jurisdiction on a specified court or courts
of a specified description in respect of—

(i) offences under this Part committed outside the United
20Kingdom, or

(ii) causes of action under section 60 in respect of acts or omissions
that occur outside the United Kingdom;

(d) make provision for questions arising out of any acts or omissions
mentioned in paragraph (c)(ii) to be determined in accordance with the
25law in force in any specified part of the United Kingdom;

(e) exclude from the operation of section 3 of the Territorial Waters
Jurisdiction Act 1878 (consents required for prosecutions) proceedings
for offences under any provision of this Part committed outside the
United Kingdom.

(3) 30In this section “specified”, in relation to an Order in Council, means specified
in the Order.

(4) Nothing in this section affects the application outside the United Kingdom of
any provision of, or made under, this Part which so applies otherwise than by
virtue of an Order in Council under this section.

100 35Review of Part 3

(1) As soon as reasonably practicable after the end of the period of 5 years
beginning with the day on which section 61 comes into force, the Secretary of
State must carry out a review of the provisions of this Part.

(2) The Secretary of State must set out the conclusions of the review in a report.

(3) 40The report must, in particular—

(a) set out the objectives of the provisions of this Part,

(b) assess 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
45imposes less regulation.