Energy Bill

House of Commons

Session 2013 - 14
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Other Bills before Parliament

Energy Bill

Energy Bill
Schedule 8 — Inspectors
Part 2 — Powers exercisable by inspectors authorised by instrument of appointment: improvement notices and prohibition notices
138

(b)
if the provision in question imposes specific requirements that are
more onerous than the requirements of any current new-build
requirements, those specific requirements.
      (6)
In sub-paragraph (5), “current new-build requirements”, in relation to a
building, or matter connected with a building, means the requirements of
5
any building regulations for the time being in force to which the building or
matter would be required to conform if the relevant building were being
newly erected.
      (7)
In sub-paragraph (6), “building regulations”, in relation to Scotland, has the
meaning given by section 1 of the Building (Scotland) Act 2003 (asp 8).
10
      (8)
Where an improvement notice or a prohibition notice which is not to take
immediate effect has been given—
(a)
the notice may be withdrawn by an inspector at any time before the
end of the period specified in it under paragraph 3(2) or 4(4)(a), and
(b)
the period so specified may be extended or further extended by an
15
inspector at any time when an appeal against the notice is not
pending.
Appeal against improvement or prohibition notice
6     (1)
In this paragraph, “a notice” means an improvement notice or a prohibition
notice.
20
      (2)
A person to whom a notice is given may appeal within such period after the
notice is given as may be prescribed by regulations made by the Secretary of
State (“the prescribed period”).
      (3)
An appeal under this paragraph lies to an employment tribunal.
      (4)
On an appeal, the tribunal may—
25
(a)
cancel the notice, or
(b)
confirm it—
(i)
in its original form, or
(ii)
with such modifications as, in the circumstances, the tribunal
considers appropriate.
30
      (5)
Where an appeal under this paragraph is brought against an improvement
notice within the prescribed period, the operation of the notice is suspended
until the appeal is withdrawn or finally disposed of.
      (6)
Where—
(a)
an appeal under this paragraph is brought against a prohibition
35
notice within the prescribed period, and
(b)
on the application of the appellant, the tribunal, so directs,

the operation of the notice is suspended from the time the direction is given
until the appeal is withdrawn or finally disposed of.
      (7)
One or more assessors may be appointed for the purposes of any
40
proceedings brought before an employment tribunal under this paragraph.
Improvement and prohibition notices: offences
7     (1)
It is an offence to contravene any requirement or prohibition imposed by an
improvement notice or a prohibition notice.

Energy Bill
Schedule 8 — Inspectors
Part 3 — Other powers exercisable by inspector if authorised by instrument of appointment
139

      (2)
A person who commits an offence under this paragraph is liable—
(a)
on summary conviction—
(i)
to imprisonment for a term not exceeding 12 months (in
England and Wales and Scotland),
(ii)
to a fine not exceeding £20,000, or
5
(iii)
to both;
(b)
on conviction on indictment—
(i)
to imprisonment for a term not exceeding 2 years, or
(ii)
to a fine, or
(iii)
to both.
10
      (3)
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
powers to imprison), the reference in sub-paragraph (2)(a)(i), as it has effect
in England and Wales, to 12 months is to be read as a reference to 6 months.
Part 3
15
Other powers exercisable by inspector if authorised by instrument of
appointment
Power of entry
8     (1)
An inspector may, if authorised, enter any premises which the inspector has
reason to believe it is necessary for the inspector to enter for the relevant
20
purpose—
(a)
at any reasonable time, or
(b)
at any time, in a situation—
(i)
which in the inspector’s opinion is or may be dangerous, or
(ii)
in which, in the inspector’s opinion, delay would or might be
25
prejudicial to the nuclear security purposes.
      (2)
In relation to domestic premises, the power may be exercised only—
(a)
in accordance with a warrant issued by a justice of the peace, or
(b)
in a situation which in the inspector’s opinion is or may be
dangerous.
30
      (3)
A justice of the peace may issue a warrant under sub-paragraph (2)(a) only
if satisfied, on the application of the inspector,—
(a)
that—
(i)
there are reasonable grounds to believe that a contravention
of a relevant statutory provision is occurring on the premises,
35
or
(ii)
the inspector has been refused consent to enter the premises
for the relevant purpose or there are reasonable grounds to
believe that such consent will be refused, and
(b)
that it is reasonable in the circumstances to issue a warrant to the
40
inspector.
      (4)
The reference to premises in sub-paragraph (1) includes any ship outside the
United Kingdom or its territorial sea.
      (5)
For the purposes of this paragraph, “domestic premises” means premises
used wholly or mainly as a private dwelling.
45

Energy Bill
Schedule 8 — Inspectors
Part 3 — Other powers exercisable by inspector if authorised by instrument of appointment
140

Power to take persons and equipment etc onto premises
9
In exercising the power of entry mentioned in paragraph 8, an inspector
may—
(a)
be accompanied—
(i)
by any person approved by the ONR for the purpose, and
5
(ii)
if the inspector has reasonable cause to expect any serious
obstruction in the exercise of any of the inspector’s powers,
by a constable, and
(b)
take along any equipment and materials required for any purpose
for which the inspector is exercising the power of entry.
10
Power to deal with cause of imminent danger
10    (1)
Sub-paragraph (2) applies where an inspector finds any article or substance
in relevant premises in circumstances in which the inspector has reasonable
cause to believe it is a cause of imminent danger of serious personal injury.
      (2)
The inspector may, if authorised, do any of the following—
15
(a)
seize the article or substance;
(b)
cause it to be made harmless or the risk of harm from it to be reduced
(in either case, by destruction or otherwise);
(c)
for the purpose mentioned in paragraph (b), seize any other article or
substance.
20
      (3)
Before any article that forms part of a batch of similar articles, or any
substance, is dealt with under sub-paragraph (2)(b), the inspector must, if it
is practicable,—
(a)
take a sample, and
(b)
give a portion of the sample, marked so as to be identifiable, to a
25
responsible person.
      (4)
As soon as practicable after seizing or dealing with any article or substance
under sub-paragraph (2), the inspector must make and sign a written report
setting out the circumstances in which the article or substance was seized or
so dealt with.
30
      (5)
The inspector must give a signed copy of the report to a responsible person.
      (6)
If that person is not the owner of the article or substance, the inspector must
also—
(a)
give a signed copy of the report to the owner, or
(b)
if that is not possible because—
35
(i)
the inspector cannot find out the owner’s name or address
after making reasonable enquiries, and
(ii)
the owner has not indicated a willingness in accordance with
section 92 to receive a signed copy of the report by any means
mentioned in subsection (1)(b) of that section,
40

give a further signed copy of the report to that responsible person.
      (7)
For the purposes of this paragraph—
(a)
“responsible person”, in relation to any article or substance, means a
responsible person at the premises in which the inspector finds the
article or substance;
45

Energy Bill
Schedule 8 — Inspectors
Part 3 — Other powers exercisable by inspector if authorised by instrument of appointment
141

(b)
in the case of a report in electronic form, any signature required on
the report or a copy of it may be an electronic signature (within the
meaning given in section 7(2) of the Electronic Communications Act
2000).
Powers exercisable in relation to particular articles or substances or in particular
5
circumstances
11    (1)
An authorised inspector may cause any article or substance in relevant
premises—
(a)
to be dismantled;
(b)
to be tested;
10
(c)
to have any other process applied to it.
      (2)
The inspector may exercise any of those powers only if it appears to the
inspector—
(a)
that the article or substance has caused, or is likely to cause, danger
to health or safety, or
15
(b)
that it is desirable to do so for the nuclear security purposes.
      (3)
Before exercising a power in this paragraph, the inspector must consult
anyone whom the inspector considers it appropriate to consult about the
dangers (if any) of what is proposed.
      (4)
Anything done to the article or substance under this paragraph must not
20
damage or destroy it unless in the circumstances that is unavoidable for the
relevant purpose.
      (5)
If requested by a person who has responsibilities in relation to the relevant
premises, and is on the premises, the inspector must allow anything done to
the article or substance under this paragraph to be done in that person’s
25
presence, unless the inspector considers that that would be prejudicial to
national security.
12    (1)
An authorised inspector may take possession of any article or substance
found on relevant premises and retain it for as long as necessary—
(a)
for it to be examined;
30
(b)
for anything to be done to it which the inspector may cause to be
done under paragraph 11;
(c)
to ensure that it is not tampered with before any examination or
other procedure mentioned in paragraph (a) or (b) is complete;
(d)
to ensure that it is available for use in—
35
(i)
any proceedings for an offence under any of the relevant
statutory provisions, or
(ii)
any proceedings relating to an improvement notice or a
prohibition notice.
      (2)
The inspector may exercise that power only if it appears to the inspector—
40
(a)
that it is desirable to do so for the nuclear security purposes, or
(b)
that the article or substance has caused, or is likely to cause, danger
to health or safety.
      (3)
Before taking possession of any substance under this paragraph, the
inspector must, if it is practicable,—
45
(a)
take a sample of it, and

Energy Bill
Schedule 8 — Inspectors
Part 3 — Other powers exercisable by inspector if authorised by instrument of appointment
142

(b)
give a portion of the sample, marked so as to be identifiable, to a
responsible person at the premises.
      (4)
An inspector who takes possession of any article or substance under this
paragraph must—
(a)
if it is practicable to do so, give a notice to that effect to a responsible
5
person at the premises;
(b)
otherwise, fix such a notice in a conspicuous position at the premises.
      (5)
The notice must include sufficient information about the article or substance
to identify it.
Powers of inspection and examination and to take samples
10
13    (1)
An authorised inspector may carry out any examination or investigation
necessary for the relevant purpose and, in doing so, may—
(a)
take measurements and photographs, and
(b)
make recordings.
      (2)
An authorised inspector may take and deal with samples of—
15
(a)
any article or substance found in relevant premises, or
(b)
the atmosphere in or in the vicinity of relevant premises.
      (3)
The Secretary of State may by regulations make provision about—
(a)
the procedure to be followed in taking any such samples, and
(b)
the way in which any such samples are to be dealt with.
20
14    (1)
An authorised inspector may direct that any relevant premises, or any article
or substance in them, must be left undisturbed for as long as reasonably
necessary for the purposes of any examination or investigation necessary for
the purpose of any of the relevant statutory provisions.
      (2)
A direction under sub-paragraph (1)—
25
(a)
may relate to part of any relevant premises;
(b)
may relate to particular aspects of any premises or article or
substance.
Powers to require information and documents
15    (1)
An authorised inspector may require any person who the inspector has
30
reasonable cause to believe is able to give any information relevant to any
examination or investigation under paragraph 13—
(a)
to answer any question the inspector thinks fit, and
(b)
to sign a declaration of the truth of the person’s answers.
      (2)
Where a person required to answer questions under this paragraph has
35
nominated another person to be present, the person may not be required to
answer questions except in the presence of the nominated person (if any).
      (3)
When exercising the power in this paragraph, an inspector may allow
another person to be present (in addition to the nominated person (if any)).
      (4)
No answer given by a person by virtue of this paragraph is admissible in
40
evidence against the person, or the person’s spouse or civil partner, in any
proceedings.

Energy Bill
Schedule 8 — Inspectors
Part 3 — Other powers exercisable by inspector if authorised by instrument of appointment
143

16    (1)
An authorised inspector may—
(a)
require any relevant documents to be produced, and
(b)
inspect and take copies of (or of any information in) any relevant
documents.
      (2)
For this purpose—
5
(a)
“document” includes information recorded in any form;
(b)
“relevant document” means a record or other document which—
(i)
is required to be kept by virtue of any of the relevant
statutory provisions, or
(ii)
the inspector needs to see for the purposes of any
10
examination or investigation under paragraph 13.
      (3)
In the case of a relevant document that consists of information held in
electronic form, the inspector may—
(a)
require it to be produced—
(i)
in a legible form, or
15
(ii)
in a form from which it can readily be produced in a legible
form, and
(b)
require access to, and inspect and check the operation of, any
computer and any associated apparatus or material which is or has
been used in connection with the relevant document.
20
Offences
17    (1)
It is an offence for a person to contravene any requirement imposed by an
inspector under this Part of this Schedule.
      (2)
It is an offence for a person to prevent or attempt to prevent any other person
from—
25
(a)
appearing before an inspector, or
(b)
answering any question to which an inspector may require an
answer by virtue of paragraph 15.
      (3)
A person who commits an offence under this paragraph is liable—
(a)
on summary conviction—
30
(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)
to both;
35
(b)
on conviction on indictment—
(i)
to imprisonment for a term not exceeding 2 years,
(ii)
to a fine, or
(iii)
to both.
      (4)
In relation to an offence committed before the commencement of section
40
154(1) of the Criminal Justice Act 2003 (general limit on magistrates’ court’s
powers to imprison), the reference in sub-paragraph (3)(a)(i), as it has effect
in England and Wales, to 12 months is to be read as a reference to 6 months.
18    (1)
It is an offence for a person intentionally to obstruct an inspector in the
exercise or performance of the inspector’s functions.
45

Energy Bill
Schedule 8 — Inspectors
Part 4 — Supplementary
144

      (2)
A person who commits an offence under this paragraph 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)
to a fine not exceeding level 5 on the standard scale, or
5
(c)
to both.
      (3)
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 sub-paragraph (2)(a), as it has effect in England
and Wales, to 51 weeks is to be read as a reference to 6 months.
10
19    (1)
It is an offence for a person falsely to pretend to be an inspector.
      (2)
A person who commits an offence under this paragraph is liable on
summary conviction to a fine not exceeding level 5 on the standard scale.
Supplementary powers
20
A power conferred by this Schedule includes power to require any person to
15
provide any facilities or assistance relating to matters or things—
(a)
within the person’s control, or
(b)
in relation to which the person has responsibilities,

which are needed in order to enable an authorised inspector to exercise the
power.
20
21
A power conferred by this Schedule includes power to do anything
incidental that is necessary for the relevant purpose.
Protection for documents subject to legal professional privilege etc
22
Nothing in this Part of this Schedule is to be taken to confer power to compel
the production by any person of a document or information in respect of
25
which—
(a)
in England and Wales or Northern Ireland, a claim to legal
professional privilege, or
(b)
in Scotland, a claim to confidentiality of communications,

could be maintained in legal proceedings.
30
Part 4
Supplementary
Duty to provide information to employees or their representatives
23    (1)
An inspector must provide to people employed at any premises (or their
representatives) any relevant information that needs to be provided in order
35
for them (or their representatives) to be kept adequately informed about
matters affecting their health, safety or welfare.
      (2)
Where information is provided to employees (or their representatives)
under sub-paragraph (1), the inspector must provide the same information
to their employer.
40
      (3)
For this purpose—