|
| |
|
| |
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; |
| |
| |
(d) | testing, maintenance and repair; |
| |
| 10 |
(f) | alteration or adjustment; |
| |
(g) | dismantling and decommissioning. |
| |
| |
5 | Requiring research to be carried out in connection with any activity |
| |
mentioned in paragraph 4. |
| 15 |
| |
6 (1) | Regulating or prohibiting the import of things of specified descriptions into |
| |
| |
(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- |
| |
| |
(b) | under a provision of the Customs and Excise Acts 1979, |
| |
| specifying the provision under which the offence is to be punished. |
| |
| 25 |
7 | Imposing requirements about how any radioactive material may be |
| |
transported, including requirements about construction, testing and |
| |
marking of packages or containers. |
| |
| |
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 |
| |
| 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. |
| |
|
| |
|
| |
|
(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 |
| |
| |
(a) | appointed pursuant to a requirement imposed by virtue of sub- |
| 5 |
| |
(b) | performing specified functions. |
| |
Restrictions on employment |
| |
10 | Regulating or prohibiting the employment in specified circumstances of— |
| |
| 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 |
| |
| 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. |
| |
| |
| |
The Office for Nuclear Regulation |
| |
| 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. |
| |
|
| |
|
| |
|
(2) | The ONR’s property is not to be regarded as the property of, or property |
| |
held on behalf of, the Crown. |
| |
| |
2 (1) | The ONR is to consist of— |
| |
(a) | not more than 4 executive members, who are employees of the ONR, |
| 5 |
| |
(b) | not more than 7 non-executive members, who are not members of the |
| |
| |
(2) | References in this Part of this Act to members of the ONR’s staff are to |
| |
| 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. |
| |
| |
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 |
| |
| 40 |
8 (1) | The terms of a person’s appointment as an executive member are to be |
| |
| |
|
| |
|
| |
|
(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 |
| |
| |
(b) | may at any time resign from office by notice to the ONR. |
| |
| |
(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 |
| |
| |
(b) | may at any time resign from office by notice to the Secretary of State. |
| |
| |
(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 |
| |
| |
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 |
| |
| |
(d) | is subject to a bankruptcy restrictions order or an interim bankruptcy |
| 35 |
| |
(e) | is subject to a debt relief restrictions order or an interim debt relief |
| |
| |
(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 |
| |
|
| |
|
| |
|
Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/ |
| |
| |
(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 |
| |
(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 |
| |
| |
(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. |
| |
| 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. |
| |
| |
(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 |
| |
| |
(ii) | does not cease to be a non-executive member of the ONR, 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 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 |
| |
| 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 |
| |
| 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 |
| |
| |
(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 |
| |
| 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 |
| |
| |
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 |
| |
|
| |
|
| |
|
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. |
| |
| |
16 (1) | The ONR may establish committees, and any committee may establish sub- |
| |
| |
(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. |
| |
| 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- |
| |
| |
(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 |
| |
| 30 |
| |
18 (1) | The ONR may authorise— |
| |
| |
(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 |
|
| |
|