Energy Bill

House of Commons

Session 2013 - 14
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Energy Bill

Energy Bill
Schedule 6 — Nuclear regulations
Part 2 — Examples of provision that may be made by nuclear regulations
124

Part 2
Examples of provision that may be made by nuclear regulations
Nuclear installations etc.
4
Imposing requirements with respect to the following, in relation to any
nuclear installation or its site—
5
(a)
design and construction;
(b)
siting, installation and commissioning;
(c)
operation;
(d)
testing, maintenance and repair;
(e)
inspection;
10
(f)
alteration or adjustment;
(g)
dismantling and decommissioning.
Research
5
Requiring research to be carried out in connection with any activity
mentioned in paragraph 4.
15
Import etc
6     (1)
Regulating or prohibiting the import of things of specified descriptions into
the United Kingdom.
      (2)
For this purpose “import” includes landing and unloading.
      (3)
Where an act or omission could constitute an offence—
20
(a)
under a provision of nuclear regulations made by virtue of sub-
paragraph (1), and
(b)
under a provision of the Customs and Excise Acts 1979,

specifying the provision under which the offence is to be punished.
Transport
25
7
Imposing requirements about how any radioactive material may be
transported, including requirements about construction, testing and
marking of packages or containers.
Licences and approvals
8     (1)
Prohibiting any specified activity except—
30
(a)
as permitted by virtue of a licence, or
(b)
with the consent or approval of a specified authority.
      (2)
Providing for the grant, renewal, variation, transfer and revocation of
licences (including the variation and revocation of conditions attached to
licences).
35
Appointment of persons to carry out specified functions
9     (1)
Requiring, in specified circumstances, the appointment (whether in a
specified capacity or not) of persons to perform specified functions.

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      (2)
Imposing duties or conferring powers on persons appointed (whether in
pursuance of the regulations or not) to perform specified functions.
      (3)
Imposing requirements with respect to the qualifications or experience, or
both, of persons—
(a)
appointed pursuant to a requirement imposed by virtue of sub-
5
paragraph (1), or
(b)
performing specified functions.
Restrictions on employment
10
Regulating or prohibiting the employment in specified circumstances of—
(a)
all persons, or
10
(b)
persons of a specified description.
Instruction, training and supervision etc.
11
Imposing requirements with respect to the instruction, training and
supervision of persons at work.
Registration, notification and records
15
12
Requiring any person, premises or thing to be registered—
(a)
in any specified circumstances, or
(b)
as a condition of doing any specified activity.
13    (1)
Requiring, in specified circumstances, specified matters to be notified in a
specified manner to specified persons.
20
      (2)
Specifying any power, to be exercisable by any inspector who may be
authorised to exercise it by the instrument of appointment, in specified
circumstances to require persons to provide information about measures
they propose to take in order to comply with any of the relevant statutory
provisions.
25
14
Imposing requirements with respect to making and keeping of records and
other documents, including plans and maps.
Accidents and other occurrences
15
Securing that persons in premises of any specified description where
persons work leave the premises in specified circumstances.
30
16
Restricting, prohibiting or requiring any specified activity where any
accident or other occurrence of a specified kind has occurred.
Schedule 7
Section 61

The Office for Nuclear Regulation
Status
35
1     (1)
The ONR is not to be regarded as a servant or agent of the Crown or as
enjoying any status, immunity or privilege of the Crown.

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Schedule 7 — The Office for Nuclear Regulation
126

      (2)
The ONR’s property is not to be regarded as the property of, or property
held on behalf of, the Crown.
Membership
2     (1)
The ONR is to consist of—
(a)
not more than 4 executive members, who are employees of the ONR,
5
and
(b)
not more than 7 non-executive members, who are not members of the
ONR’s staff.
      (2)
References in this Part of this Act to members of the ONR’s staff are to
persons who—
10
(a)
are employees of the ONR, or
(b)
have been seconded to it.
3
The executive members consist of—
(a)
the Chief Nuclear Inspector,
(b)
the Chief Executive Officer, and
15
(c)
not more than 2 other members (or not more than 3 other members,
if the Chief Nuclear Inspector and the Chief Executive Officer are the
same person) appointed by the ONR.
4     (1)
The non-executive members consist of—
(a)
a chair appointed by the Secretary of State,
20
(b)
the member (if any) appointed under sub-paragraph (4), and
(c)
not more than 5 other members appointed by the Secretary of State.
      (2)
The Secretary of State must, so far as practicable, ensure that at any given
time there are no fewer than 5 non-executive members of the ONR.
      (3)
One non-executive member must have experience of, or expertise in, matters
25
relevant to the ONR’s nuclear security purposes.
      (4)
The Health and Safety Executive may—
(a)
appoint a non-executive member from among the members of the
Health and Safety Executive (an “HSE member”), or
(b)
authorise the Secretary of State to appoint a non-executive member.
30
      (5)
The Health and Safety Executive must notify the ONR and the Secretary of
State whenever it appoints an HSE member.
5
Service as a member of the ONR is not service in the civil service of the State,
but this is subject to paragraph 6.
6
Members of the ONR are to be regarded as Crown servants for the purposes
35
of the Official Secrets Act 1989.
Terms of appointment
7
Subject to the following provisions of this Schedule, members of the ONR
hold and vacate office in accordance with the terms of their respective
appointments.
40
8     (1)
The terms of a person’s appointment as an executive member are to be
determined by the ONR.

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      (2)
The terms of a person’s appointment as a non-executive member, other than
an HSE member, are to be determined by the Secretary of State.
      (3)
The terms of a person’s appointment as an HSE member are to be
determined by the Health and Safety Executive.
9     (1)
An executive member—
5
(a)
ceases to be a member of the ONR upon ceasing to be an employee
of the ONR, and
(b)
may at any time resign from office by notice to the ONR.
      (2)
A person who is—
(a)
the Chief Nuclear Inspector, or
10
(b)
the Chief Executive Officer,

ceases to be a member of the ONR on ceasing to hold that appointment
(unless the person was appointed as both Chief Nuclear Inspector and Chief
Executive Officer and continues to hold one of those appointments).
      (3)
A non-executive member other than an HSE member—
15
(a)
ceases to be a member of the ONR upon becoming a member of the
ONR’s staff, and
(b)
may at any time resign from office by notice to the Secretary of State.
      (4)
An HSE member—
(a)
ceases to be a member of the ONR upon ceasing to be a member of
20
the Health and Safety Executive, and
(b)
may at any time resign from office by notice to the Health and Safety
Executive.
10    (1)
The Secretary of State may by notice remove any non-executive member,
other than an HSE member, from office.
25
      (2)
A notice may not be given under sub-paragraph (1) unless at least one of the
conditions in sub-paragraph (3) or (4) is met.
      (3)
The conditions in this sub-paragraph are that the member—
(a)
has been absent from meetings of the ONR for a period longer than
6 months without the permission of the ONR;
30
(b)
is an undischarged bankrupt or has had his or her estate sequestrated
without being discharged;
(c)
is a person in relation to whom a moratorium period under a debt
relief order applies;
(d)
is subject to a bankruptcy restrictions order or an interim bankruptcy
35
restrictions order;
(e)
is subject to a debt relief restrictions order or an interim debt relief
restrictions order;
(f)
has made an arrangement with his or her creditors, or has entered
into a trust deed for creditors, or has made a composition contract
40
with his or her creditors;
(g)
is subject to a disqualification order or a disqualification undertaking
under the Company Directors Disqualification Act 1986 or
equivalent legislation in Northern Ireland;
(h)
has been convicted of a criminal offence (but this does not apply in
45
relation to any conviction which is a spent conviction for the
purposes of the Rehabilitation of Offenders Act 1974 or the

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Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/
1908 (N.I. 27))).
      (4)
The conditions in this sub-paragraph are that the Secretary of State is
satisfied that the member—
(a)
has a financial or other interest that is likely to affect prejudicially the
5
carrying out of his or her functions as a member of the ONR;
(b)
has been guilty of misbehaviour;
(c)
is otherwise incapable of carrying out, or unfit to carry out, the
functions of his or her office.
      (5)
The Health and Safety Executive may by notice remove an HSE member
10
from office.
      (6)
The Health and Safety Executive must notify the ONR and the Secretary of
State whenever an HSE member—
(a)
ceases to be a member of the Health and Safety Executive,
(b)
resigns from office, or
15
(c)
is removed from office.
      (7)
In sub-paragraph (3) “debt relief order”, “debt relief restrictions order” and
“interim debt relief restrictions order” mean the orders of those names made
under—
(a)
Part 7A of the Insolvency Act 1986, or
20
(b)
Part 7A of the Insolvency (Northern Ireland) Order 1989.
Remuneration, allowances and pensions etc of non-executive members
11    (1)
The ONR may pay to non-executive members other than an HSE member
such remuneration as the Secretary of State may determine.
      (2)
The ONR may pay to or in respect of the non-executive members such sums
25
as the Secretary of State may determine by way of allowances and expenses.
      (3)
The ONR may pay, or make provision for paying, to or in respect of the non-
executive members other than an HSE member, such sums as the Secretary
of State may determine in respect of pensions or gratuities.
      (4)
Where—
30
(a)
a person ceases, otherwise than on the expiry of his or her term of
office, to be a non-executive member other than an HSE member, and
(b)
it appears to the ONR that there are special circumstances that make
it right for that person to receive compensation,

the ONR may pay the person such amount by way of compensation as the
35
Secretary of State may determine.
      (5)
Where—
(a)
a non-executive member appointed under paragraph 2(3A) of
Schedule 2 to the 1974 Act to be a member of the Health and Safety
Executive (the “ONR member of the HSE”)—
40
(i)
ceases to be the ONR member of the HSE otherwise than on
the expiry of his or her term of office as ONR member of the
HSE, but
(ii)
does not cease to be a non-executive member of the ONR, and

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(b)
it appears to the ONR that there are special circumstances that make
it right for that person to receive compensation,

the ONR may make pay the person such amount by way of compensation as
the Secretary of State may determine.
Employees and other members of staff
5
12    (1)
The ONR may appoint persons to serve as its employees.
      (2)
A person appointed to serve as an employee of the ONR is to be employed
on such terms and conditions, including terms and conditions as to
remuneration, as the ONR may determine.
      (3)
One employee of the ONR is to be appointed as the Chief Nuclear Inspector.
10
      (4)
One employee of the ONR is to be appointed as the Chief Executive Officer.
      (5)
The appointment of the Chief Nuclear Inspector or the Chief Executive
Officer also requires the approval of the Secretary of State.
      (6)
A person may be both the Chief Nuclear Inspector and the Chief Executive
Officer.
15
      (7)
The ONR may make arrangements for persons to be seconded to the ONR
to serve as members of the ONR’s staff.
      (8)
A period of secondment to the ONR does not affect the continuity of a
person’s employment with the employer from whose service he or she is
seconded.
20
13    (1)
The ONR may pay to or in respect of an employee sums by way of or in
respect of allowances, expenses, pensions, gratuities or compensation for
loss of employment.
      (2)
The ONR may pay to or in respect of a person seconded to it sums by way
of or in respect of allowances, expenses, pensions or gratuities.
25
      (3)
An executive member may not take part in the determination of the amount
of any remuneration, allowance, expense, pension, gratuity or compensation
payable to or in respect of him or her.
14    (1)
Service as an employee of the ONR is not service in the civil service of the
State.
30
      (2)
A person employed in the civil service of the State continues to be employed
in the civil service of the State during any period of secondment to the ONR.
      (3)
Members of the ONR’s staff are to be regarded as Crown servants for the
purposes of the Official Secrets Act 1989.
      (4)
Employment by the ONR is not Crown employment for the purposes of the
35
Trade Union and Labour Relations (Consolidation) Act 1992 (see section 273
of that Act).
15    (1)
The persons to whom section 1 of the Superannuation Act 1972 (persons to
or in respect of whom benefits may be provided by schemes under that
section) applies are to include the employees of the ONR.
40
      (2)
Accordingly, in Schedule 1 to that Act (employment to which
superannuation schemes may extend), in the list of other bodies, at the

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Schedule 7 — The Office for Nuclear Regulation
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appropriate place insert—
“Office for Nuclear Regulation.”
      (3)
The ONR must pay to the Minister for the Civil Service, at such times as that
Minister may direct, such sums as that Minister may determine in respect of
the increase attributable to sub-paragraph (1) in the sums payable out of
5
money provided by Parliament under that Act.
Committees
16    (1)
The ONR may establish committees, and any committee may establish sub-
committees.
      (2)
The members of a committee may include persons who are not members of
10
the ONR or the ONR’s staff (and the members of a sub-committee of a
committee may include persons who are not members of the committee or
members of the ONR or the ONR’s staff).
      (3)
The ONR may make arrangements for the payment of such remuneration,
allowances and expenses as it considers appropriate to any person who—
15
(a)
is a member of a committee or sub-committee, but
(b)
is not a member of the ONR or of the ONR’s staff.
      (4)
Payments made by the ONR under sub-paragraph (3) are to be of such
amounts as may be determined by the Secretary of State.
Procedure
20
17    (1)
The ONR may make such provision as it considers appropriate to regulate—
(a)
its own proceedings (including quorum), and
(b)
the proceedings (including quorum) of its committees and sub-
committees.
      (2)
The ONR may, to any extent, permit any of its committees and sub-
25
committees to regulate their own proceedings (including quorum).
      (3)
The validity of any proceedings of the ONR is not affected by any vacancy
among the members or by any defect in the appointment of a member.
      (4)
The ONR must from time to time publish a summary of its rules and
procedures.
30
Performance of functions
18    (1)
The ONR may authorise—
(a)
a member of the ONR,
(b)
a member of the ONR’s staff,
(c)
a health and safety inspector, or
35
(d)
a committee of the ONR,

to do anything required or authorised to be done by the ONR (and such
authorisation may include authorisation to exercise the power conferred on
the ONR by this paragraph).

This sub-paragraph is subject to sub-paragraphs (2) and (3).
40