Energy Bill

House of Commons

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Energy Bill

Energy Bill
Schedule 11 — Transfers to the Office for Nuclear Regulation
Part 3 — Property transfer schemes
159

(b)
is temporarily assigned to work in another part of the HSE, or
(c)
is otherwise temporarily absent.
      (4)
That sub-paragraph is to be read as if it operated immediately before the
date of the secondment or temporary assignment, or the date when the
absence began, instead of immediately before the date on which the scheme
5
takes effect.
Content of a staff transfer scheme
4     (1)
A staff transfer scheme may make provision for giving full effect to an
employee’s transfer into the employment of the ONR as a result of the
scheme.
10
      (2)
Provision made by virtue of sub-paragraph (1) may include provision—
(a)
that has the same or similar effect as the TUPE regulations (so far as
those regulations do not apply in relation to the transfer);
(b)
modifying the law (including provision made by an Act or
subordinate legislation) applicable to the employee’s employment;
15
(c)
about the pension entitlements of the employee enjoyed
immediately before the transfer.
5     (1)
A staff transfer scheme may apply to all, or to any specified class or
description of, the employees falling within paragraph 4(2) or to specified
employees so falling.
20
      (2)
“Specified” means specified in the scheme.
6     (1)
A staff transfer scheme may make provision enabling an employee to object
to the transfer which would otherwise be effected by the scheme including
provision as to how such an objection is to be made and as to the
consequences of it.
25
      (2)
A staff transfer scheme may make provision allowing an employee to be
treated as being temporarily assigned to the ONR for a period limited by the
scheme, whether at the employee’s election or in the exercise of a discretion
conferred on the Secretary of State by the scheme.
      (3)
Provision made by virtue of sub-paragraph (2) may include provision—
30
(a)
allowing the employee to elect to end the period of temporary
assignment by agreeing to become an employee of the ONR or by
objecting to the transfer under sub-paragraph (1);
(b)
as to the consequences of the expiry of the period of temporary
assignment without such an election having been made;
35
(c)
as to the employee’s pay (and the liability to pay it) and the terms
and conditions on which the employee is engaged.
Part 3
Property transfer schemes
Power to make property transfer schemes
40
7     (1)
The Secretary of State may make one or more schemes transferring
qualifying property, rights and liabilities of the HSE to the ONR.

Energy Bill
Schedule 11 — Transfers to the Office for Nuclear Regulation
Part 3 — Property transfer schemes
160

      (2)
The Secretary of State may make one or more schemes transferring
qualifying property, rights and liabilities of the Secretary of State to the
ONR.
      (3)
A scheme under sub-paragraph (1) or (2) is referred to in this Schedule as a
“property transfer scheme”.
5
8
The HSE may submit to the Secretary of State proposals about the exercise
of the power to make property transfer schemes.
Qualifying property
9     (1)
References in this Part to “qualifying property, rights and liabilities” are to
property held, and rights and liabilities arising, in connection with—
10
(a)
functions under any enactment which were functions of the
Secretary of State or the HSE and as a result of this Act have or are to
become functions of the ONR;
(b)
functions which were functions of the Secretary of State or the HSE
which have been or are to be replaced by a function of the ONR
15
under this Act;
(c)
functions which were carried out by the HSE under an agreement
under section 13 of the 1974 Act and which are to be carried out by
ONR under an agreement under section 73.
      (2)
Rights and liabilities arising under or in connection with a contract of
20
employment in effect when the scheme comes into force are excluded from
the rights and liabilities which may be transferred under a property transfer
scheme.
Content of a property transfer scheme
10    (1)
A property transfer scheme may, in particular, make provision—
25
(a)
for anything done by or in relation to the HSE or the Secretary of
State in connection with any property, rights or liabilities transferred
by the scheme to be treated as done, or to be continued, by or in
relation to the ONR;
(b)
for references to the HSE or the Secretary of State in any agreement
30
(whether written or not), instrument or other document relating to
any property, rights or liabilities transferred by the scheme to be
treated as references to the ONR;
(c)
about the continuation of legal proceedings;
(d)
for transferring property, rights or liabilities which could not
35
otherwise be transferred or assigned;
(e)
for transferring property, rights and liabilities irrespective of any
requirement for consent which would otherwise apply;
(f)
for preventing a right of pre-emption, right of reverter, right of
forfeiture, right to compensation or other similar right from arising
40
or becoming exercisable as a result of the transfer of property, rights
or liabilities;
(g)
for dispensing with any formality in relation to the transfer of
property, rights or liabilities by the scheme
(h)
for transferring property acquired, or rights or liabilities arising,
45
after the scheme is made but before it takes effect;
(i)
for apportioning property, rights or liabilities;

Energy Bill
Schedule 11 — Transfers to the Office for Nuclear Regulation
Part 4 — Procedure for making or modifying schemes under this Schedule
161

(j)
for creating rights, or imposing liabilities, in connection with
property, rights or liabilities transferred by the scheme;
(k)
for requiring the ONR to enter into any agreement of any kind, or for
a purpose, specified in or determined in accordance with the scheme.
      (2)
Sub-paragraph (1)(b) does not apply to references in primary legislation or
5
in subordinate legislation.
      (3)
In this Part “property” includes interests of any description.
Compensation
11
A scheme may contain provision for the payment of compensation by the
Secretary of State to any person whose interests are adversely affected by it.
10
Part 4
Procedure for making or modifying schemes under this Schedule
12    (1)
Before making a staff transfer scheme or a property transfer scheme, the
Secretary of State must be satisfied that—
(a)
those persons that the Secretary of State considers likely to be
15
affected by the making of the scheme, and
(b)
such other persons as appear to the Secretary of State to represent the
interests of such persons,

have been consulted (whether by the Secretary of State or another person)
and must have regard to the results of the consultation in determining
20
whether to make the scheme.
      (2)
Sub-paragraph (3) applies where—
(a)
the Secretary of State is proposing to make a modification to a staff
transfer scheme or a property transfer scheme under section 132,
(b)
it appears to the Secretary of State that the modification is likely to
25
have a material effect on any person, and
(c)
the Secretary of State is not required under subsection (3) of that
section to obtain the agreement of those persons before making the
modification.
      (3)
Before making the modification, the Secretary of State must be satisfied
30
that—
(a)
any person or persons falling within sub-paragraph (2)(b), and
(b)
such other persons as appear to the Secretary of State to represent the
interests of such persons,

have been consulted (whether by the Secretary of State or another person)
35
and must have regard to the results of the consultation in determining
whether to make the modification.
      (4)
For the purposes of this paragraph it does not matter whether consultation
takes place before or after the passing of this Act.

Energy Bill
Schedule 12 — Minor and consequential amendments relating to Part 3
Part 1 — Amendments of the Health and Safety at Work etc. Act 1974
162

Schedule 12
Section 98

Minor and consequential amendments relating to Part 3
Part 1
Amendments of the Health and Safety at Work etc. Act 1974
Health and Safety at Work etc. Act 1974 (c.37)
5
1
The Health and Safety at Work etc. Act 1974 is amended as follows.
2     (1)
Section 11 (functions of the Health and Safety Executive) is amended as
follows.
      (2)
In subsection (4)—
(a)
in paragraph (a), for “the railway safety purposes” substitute “any of
10
the transferred purposes”, and
(b)
in paragraph (b), for the words following “made” substitute “—
(i)
for any of the transferred purposes, or
(ii)
under section 43 and concern fees relating to
nuclear site regulation.”
15
      (3)
After that subsection insert—
“(4A)
In subsection (4)—
(a)
“the transferred purposes” means—
(i)
the railway safety purposes;
(ii)
the nuclear safety purposes;
20
(iii)
the nuclear security purposes;
(iv)
the nuclear safeguards purposes;
(v)
the radioactive material transport purposes;
(b)
“fees relating to nuclear site regulation” means fees payable
for or in connection with the performance of a function by or
25
on behalf of—
(i)
the Office for Nuclear Regulation, or
(ii)
any inspector appointed by the Office for Nuclear
Regulation.
(4B)
The Executive may submit to the Secretary of State any proposal
30
submitted to it by the Office for Nuclear Regulation under section 64
of the Energy Act 2013 (proposals about orders and regulations).”
3
In section 13 (powers of the Executive), after subsection (6) insert—
“(6A)
The reference in subsection (6) to the general purposes of this Part
does not include a reference to any of the following—
35
(a)
the nuclear safety purposes;
(b)
the nuclear security purposes;
(c)
the nuclear safeguards purposes;
(d)
the radioactive material transport purposes.”
4     (1)
Section 14 (power of the Executive to direct investigations and inquiries) is
40
amended as follows.

Energy Bill
Schedule 12 — Minor and consequential amendments relating to Part 3
Part 1 — Amendments of the Health and Safety at Work etc. Act 1974
163

      (2)
In subsection (1)(a), after “railway safety purposes” insert “or the ONR’s
purposes”.
      (3)
After subsection (4) insert—
“(4A)
Provision that may be made by virtue of subsection (4)(a) includes in
particular, provision conferring functions on the Office for Nuclear
5
Regulation in relation to powers of entry and inspection in relation
to any premises for which it is an enforcing authority.”
5     (1)
Section 15 (health and safety regulations) is amended as follows.
      (2)
After subsection (1) insert—
“(1A)
In subsection (1), the reference to the general purposes of this Part
10
does not include a reference to any of the following—
(a)
the nuclear safety purposes;
(b)
the nuclear security purposes;
(c)
the nuclear safeguards purposes;
(d)
the radioactive material transport purposes.
15
(1B)
Subsection (1A) does not preclude health and safety regulations
from including provision merely because the provision could be
made for any of the purposes mentioned in paragraphs (a) to (d) of
that subsection.”
      (3)
In subsection (2), for “the preceding subsection” substitute “subsection (1)”.
20
      (4)
In subsection (3)(c), after “may” insert “, subject to subsection (3A),”.
      (5)
After subsection (3) insert—
“(3A)
Nothing in this section is to be taken to permit health and safety
regulations to make provision about responsibility for the
enforcement of any of the relevant statutory provisions as they apply
25
in relation to any GB nuclear site.
(3B)
Subsection (3A) does not prevent health and safety regulations
providing for the Office of Rail Regulation to be responsible for the
enforcement, in relation to GB nuclear sites, of any of the relevant
statutory provisions that are made for the railway safety purposes.
30
(3C)
In subsections (3A) and (3B), “GB nuclear site” has the same meaning
as in section 52 of the Energy Act 2013 (nuclear safety purposes).”
6     (1)
Section 18 (authorities responsible for enforcement of the relevant statutory
provisions) is amended as follows.
      (2)
After subsection (1) insert—
35
“(1A)
The Office for Nuclear Regulation is responsible for the enforcement
of the relevant statutory provisions as they apply in relation to GB
nuclear sites (within the meaning given in section 52 of the Energy
Act 2013 (nuclear safety purposes)).
(1B)
Subsection (1A) is subject to any provision of health and safety
40
regulations making the Office of Rail Regulation responsible for the
enforcement of any of the relevant statutory provisions to any extent
in relation to such sites.”

Energy Bill
Schedule 12 — Minor and consequential amendments relating to Part 3
Part 1 — Amendments of the Health and Safety at Work etc. Act 1974
164

      (3)
In subsection (2)—
(a)
before paragraph (a) insert—
“(za)
make the Office for Nuclear Regulation responsible
for the enforcement of the relevant statutory
provisions to such extent as may be prescribed (and
5
may in particular provide for any site or matter in
relation to which the Office for Nuclear Regulation is
made so responsible to be determined by the
Secretary of State or the Office for Nuclear Regulation
under the regulations);”;
10
(b)
in paragraph (b), before sub-paragraph (i) insert—
“(zi)
transferred from the Executive or local
authorities to the Office for Nuclear
Regulation, or from the Office for Nuclear
Regulation to the Executive or local
15
authorities;”;
(c)
in paragraph (b)(ii)—
(i)
after “Executive” insert “, to the Office for Nuclear
Regulation”;
(ii)
after “by virtue of” insert “subsection (1A) or”;
20
(d)
in paragraph (b), after sub-paragraph (ii) insert—
“(iii)
assigned to the Office of Rail
Regulation or the Office for Nuclear
Regulation for the purpose of
removing any uncertainty as to what
25
are by virtue of any of the relevant
statutory provisions their respective
responsibilities for the enforcement of
any of those provisions;”.
      (4)
After subsection (3) insert—
30
“(3A)
Regulations under subsection (2)(a) may not make local authorities
enforcing authorities in relation to any site in relation to which the
Office for Nuclear Regulation is an enforcing authority.
(3B)
Where the Office for Nuclear Regulation is, by or under subsection
(1A) or (2), made responsible for the enforcement of any of the
35
relevant statutory provisions to any extent, it must make adequate
arrangements for the enforcement of those provisions to that extent.”
      (5)
In subsection (5) in the opening words, after “the Executive” insert “, the
Office for Nuclear Regulation”.
      (6)
In subsection (7), in the words following paragraph (b)—
40
(a)
after “section 13” insert “of this Act or section 78 of the Energy Act
2013 (power for Office for Nuclear Regulation to arrange for exercise
of functions by others)”;
(b)
after “the Executive” (in the first and third places) insert “or the
Office for Nuclear Regulation”;
45
(c)
after “the Executive” (in the second place) insert “or the Office for
Nuclear Regulation (as the case may be)”;
(d)
for “under that subsection” substitute “or arrangements under the
provision in question”.

Energy Bill
Schedule 12 — Minor and consequential amendments relating to Part 3
Part 1 — Amendments of the Health and Safety at Work etc. Act 1974
165

7
In section 27 (obtaining of information by the Executive, enforcing
authorities etc), in subsection (1)(b), after “an enforcing authority” insert
“other than the Office for Nuclear Regulation”.
8
In section 27A (information communicated by Commissioners for Revenue
and Customs), in subsection (2), at the end insert “, other than the Office for
5
Nuclear Regulation or an inspector appointed by the Office for Nuclear
Regulation”.
9     (1)
Section 28 (restrictions on disclosure of information) is amended as follows.
      (2)
In subsection (1)(a), after “to any person” insert “, other than the Office for
Nuclear Regulation (or an inspector appointed by it),”.
10
      (3)
In subsection (3)(a), after “Executive” insert “, the Office for Nuclear
Regulation,”.
      (4)
In subsection (4)—
(a)
in the opening words—
(i)
after “Executive” (in the first place), insert “, the Office for
15
Nuclear Regulation,”;
(ii)
after “Executive” (in the second place), insert “or the Office
for Nuclear Regulation”;
(b)
in paragraph (a), after “Executive” insert “or Office for Nuclear
Regulation” and after “section 13(3)” insert “of this Act or, as the case
20
may be, section 78 of the Energy Act 2013”;
(c)
in paragraph (c), at the end insert “or, in the case of the Office for
Nuclear Regulation, a person providing advice to that body.”.
      (5)
In subsection (5)(a), after “Executive” insert “, of the Office for Nuclear
Regulation”.
25
      (6)
After subsection (9A) insert—
“(9B)
Nothing in subsection (7) or (9) applies to a person appointed as an
inspector by the Office for Nuclear Regulation in relation to
functions which the person has by virtue of that appointment.”
10    (1)
Section 44 (appeals in connection with licensing provisions in the relevant
30
statutory provisions) is amended as follows.
      (2)
In subsection (1), omit “(other than nuclear site licences”).
      (3)
In subsection (7)—
(a)
in paragraph (a) omit “other than a nuclear site licence”;
(b)
omit paragraph (b).
35
      (4)
Omit subsection (8).
11    (1)
Section 50 (regulations under the relevant statutory provisions) is amended
as follows.
      (2)
In subsection (1AA), for the words following “unless” substitute “the
Secretary of State has consulted—
40
(a)
the Executive,
(b)
the Office for Nuclear Regulation, and
(c)
such other bodies as appear to the Secretary of State to be
appropriate.”