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Session 2013 - 14
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Energy Bill


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

166

 

      (3)  

In subsection (2), for “the Executive” substitute “—

(a)   

the Executive, and

(b)   

the Office for Nuclear Regulation.”

      (4)  

In subsection (3), before paragraph (a) insert—

“(za)   

the Office for Nuclear Regulation;”.

5

      (5)  

After subsection (3) insert—

“(4)   

If the Executive has consulted the Office for Nuclear Regulation

under subsection (3) in relation to a proposal under section 11(3) for

regulations under any of the relevant statutory provisions, it must,

when it submits the proposal (with or without modification) to the

10

Secretary of State, also submit—

(a)   

any representations made by the Office for Nuclear

Regulation in response to the consultation, and

(b)   

any response to those representations given by the Executive

to the Office for Nuclear Regulation.

15

(5)   

The preceding provisions of this section do not apply to the exercise

of the power in section 43 to make ONR fees regulations, but the

Secretary of State must consult the Office for Nuclear Regulation

before—

(a)   

making ONR fees regulations independently of any

20

proposals submitted by the Office for Nuclear Regulation

under section 64(1) of the Energy Act 2013, or

(b)   

making ONR fees regulations which give effect to such

proposals but with modifications.

(6)   

In subsection (5) “ONR fees regulations” means regulations under

25

section 43 so far as they make provision in relation to fees payable for

or in connection with the performance of a function by or on behalf

of—

(a)   

the Office for Nuclear Regulation, or

(b)   

any inspector appointed by the Office for Nuclear

30

Regulation.”

12         

In section 53(1) (general interpretation of Part 1)—

(a)   

after the definition of “micro-organism” insert—

““nuclear safeguards purposes” has the same meaning

as in Part 3 of the Energy Act 2013 (nuclear regulation

35

etc.) (see section 56 of that Act);

“nuclear safety purposes” has the same meaning as in

that Part of that Act (see section 52 of that Act);

“nuclear security purposes” has the same meaning as in

that Part of that Act (see section 54 of that Act);”;

40

(b)   

after the definition of “offshore installation” insert—

““the ONR’s purposes” has the same meaning as in Part

3 of the Energy Act 2013 (see section 51 of that Act);”;

(c)   

after the definition of “prohibition notice” insert—

““the radioactive material transport purposes” means

45

the transport purposes within the meaning of Part 3

of the Energy Act 2013 (see section 57 of that 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

167

 

13         

In Schedule 1 (existing enactments which are relevant statutory provisions),

omit the entry relating to the Nuclear Installations Act 1965.

14    (1)  

Schedule 2 (constitution etc. of the Health and Safety Executive) is amended

as follows.

      (2)  

In paragraph 1(b) for “eleven” substitute “twelve”.

5

      (3)  

In paragraph 2(2), at the beginning insert “Subject to sub-paragraph (3A),”.

      (4)  

After paragraph 2(3) insert—

   “(3A)  

The Office for Nuclear Regulation may appoint a member from

among the non-executive members of the Office for Nuclear

Regulation (“an ONR member”).

10

     (3B)  

The Office for Nuclear Regulation must notify the Executive and

the Secretary of State whenever it appoints an ONR member.”.

      (5)  

In paragraph 3, after “4” insert “, 4A”.

      (6)  

In paragraph 4, after “Executive” insert “, other than an ONR member,”.

      (7)  

After paragraph 4 insert—

15

“4A   (1)  

An ONR member may at any time resign from office by giving

notice in writing to the Office for Nuclear Regulation.

      (2)  

An ONR member ceases to be a member of the Executive upon

ceasing to be a non-executive member of the Office for Nuclear

Regulation.

20

      (3)  

The Office for Nuclear Regulation may remove an ONR member

from office by giving notice in writing.

      (4)  

The Office for Nuclear Regulation must notify the Executive and

the Secretary of State whenever an ONR member—

(a)   

resigns from office,

25

(b)   

ceases to be a non-executive member of the Office for

Nuclear Regulation, or

(c)   

is removed from office.”.

      (8)  

In paragraph 5, after “member” insert “, other than an ONR member,”.

      (9)  

Paragraph 6 is amended as follows.

30

     (10)  

In sub-paragraph (1), for the words following “pay” substitute “—

(a)   

to each member, other than an ONR member, such

remuneration, and

(b)   

to each member such travelling and other allowances,

           

as may be determined by the Secretary of State.”

35

     (11)  

In sub-paragraph (2), after “member” insert “other than an ONR member”.

     (12)  

In sub-paragraph (3), after “member” insert “other than an ONR member”.

     (13)  

After that sub-paragraph insert—

    “(4)  

Where—

 
 

Energy Bill
Schedule 12 — Minor and consequential amendments relating to Part 3
Part 2 — Nuclear safety

168

 

(a)   

a member appointed under paragraph 4(4)(a) of Schedule

7 to the Energy Act 2013 to be a member of the Office for

Nuclear Regulation (the “HSE member of the ONR”)—

(i)   

ceases to be the HSE member of the ONR otherwise

than on the expiry of his or her term of office as

5

HSE member of the ONR, but

(ii)   

does not cease to be a member of the Executive, and

(b)   

it appears to the Executive that there are special

circumstances that make it right for that person to receive

compensation,

10

           

the Executive may pay the member such amount by way of

compensation as the Secretary of State may determine.”

Part 2

Nuclear safety

Nuclear Installations Act 1965 (c. 57)

15

15         

The Nuclear Installations Act 1965 is amended as follows.

16    (1)  

Section 1 (restriction of certain nuclear installations to licensed sites) is

amended as follows.

      (2)  

In subsection (1), for “Minister” substitute “appropriate national authority”.

      (3)  

In subsection (3), at the end insert “and liable—

20

(a)   

on conviction on indictment to imprisonment for a term not

exceeding 2 years, or a fine, or both;

(b)   

on summary conviction to imprisonment for a term not

exceeding 12 months, or a fine not exceeding £20,000, or both.

(3A)   

In relation to an offence committed before the commencement of

25

section 154(1) of the Criminal Justice Act 2003 (general limit on

magistrates’ court’s power to imprison), the reference to 12 months

in subsection (3)(b), as it has effect in England and Wales, is to be

read as a reference to 6 months.”

17    (1)  

Section 3 (grant and variation of nuclear site licences) is amended as follows.

30

      (2)  

For subsection (1A) substitute—

“(1A)   

The appropriate national authority must consult the appropriate

environment authority before granting a nuclear site licence.”

      (3)  

In subsection (2), for “Minister” substitute “appropriate national authority”.

      (4)  

In subsection (3)—

35

(a)   

for “Minister”, in each place where it appears, substitute

“appropriate national authority”;

(b)   

for “he”, in each place where it appears, substitute “it”.

      (5)  

In subsection (6) for “Minister”, in both places where it appears, substitute

“appropriate national authority”.

40

 
 

Energy Bill
Schedule 12 — Minor and consequential amendments relating to Part 3
Part 2 — Nuclear safety

169

 

      (6)  

For subsection (6A) substitute—

“(6A)   

The appropriate national authority must consult the appropriate

environment authority before varying a nuclear site licence if the

variation relates to or affects the creation, accumulation or disposal

of radioactive waste.

5

(6B)   

In subsection (6A), “radioactive waste”—

(a)   

in relation to a site in England or Wales, has the same

meaning as in the Environmental Permitting (England and

Wales) Regulations 2010 (S.I. 2010/675);

(b)   

in relation to a site in Scotland or Northern Ireland, has the

10

same meaning as in the Radioactive Substances Act 1993.”

18    (1)  

Section 4 (attachment of conditions to licences) is amended as follows.

      (2)  

In subsections (1) to (3) for “Minister”, in each place where it appears,

substitute “appropriate national authority”.

      (3)  

For subsection (3A) substitute—

15

“(3A)   

The appropriate national authority must consult the appropriate

environment authority before—

(a)   

attaching any condition to a nuclear site licence, or

(b)   

varying or revoking any condition attached to a nuclear site

licence,

20

   

if the condition relates to or affects the creation, accumulation or

disposal of radioactive waste.

(3B)   

In subsection (3A), “radioactive waste”—

(a)   

in relation to a site in England or Wales, has the same

meaning as in the Environmental Permitting (England and

25

Wales) Regulations 2010 (S.I. 2010/675);

(b)   

in relation to a site in Scotland or Northern Ireland, has the

same meaning as in the Radioactive Substances Act 1993.”

      (4)  

In subsection (4)—

(a)   

for “Minister” substitute “appropriate national authority”;

30

(b)   

for “him”, in both places where it appears, substitute “it”;

(c)   

for “his” substitute “its”.

      (5)  

Omit subsection (5) (requirement to display licence conditions on site).

      (6)  

For subsection (6) substitute—

“(6)   

Where a condition attached to a nuclear site licence by virtue of this

35

section is contravened, each person within subsection (7) is guilty of

an offence and liable—

(a)   

on conviction on indictment to imprisonment for a term not

exceeding 2 years, or a fine, or both;

(b)   

on summary conviction to imprisonment for a term not

40

exceeding 12 months, or a fine not exceeding £20,000, or both.

(7)   

Those persons are—

(a)   

the licensee, and

(b)   

any person having duties upon the site in question who

committed the contravention.

45

 
 

Energy Bill
Schedule 12 — Minor and consequential amendments relating to Part 3
Part 2 — Nuclear safety

170

 

(8)   

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 to 12 months

in subsection (6)(b), as it has effect in England and Wales, is to be

read as a reference to 6 months.”

5

19    (1)  

Section 5 (revocation and surrender of licences) is amended as follows.

      (2)  

In subsection (1) for “Minister” substitute “appropriate national authority”.

      (3)  

For subsection (1A) substitute—

“(1A)   

The appropriate national authority must consult the appropriate

environment authority before revoking a nuclear site licence.”

10

      (4)  

In subsection (2) for “Minister”, in each place where it appears, substitute

“appropriate national authority”.

      (5)  

In subsection (3)—

(a)   

for “Minister”, in each place where it appears, substitute

“appropriate national authority”;

15

(b)   

after paragraph (b) insert—

“(c)   

the date when the following conditions have both

become satisfied—

(i)   

the site in question or, as the case may be, that

part of it is used or occupied by or on behalf of

20

the Crown, and

(ii)   

a nuclear site licence has ceased to be required

in respect of that site or part,”.

      (6)  

In subsection (4)—

(a)   

the words following “offence” in the first place it appears become

25

subsection (4B);

(b)   

at the end of subsection (4) (as so amended) insert “and liable—

(a)   

on conviction on indictment to imprisonment for a

term not exceeding 2 years, or a fine, or both;

(b)   

on summary conviction to imprisonment for a term

30

not exceeding 12 months, or a fine not exceeding

£20,000, or both.”;

(c)   

after that subsection (as so amended) insert—

“(4A)   

In relation to an offence committed before the

commencement of section 154(1) of the Criminal Justice Act

35

2003 (general limit on magistrates’ court’s power to

imprison), the reference to 12 months in subsection (4)(b), as

it has effect in England and Wales, is to be read as a reference

to 6 months.”;

(d)   

for “and any” at the beginning of subsection (4B) substitute “Any”.

40

20    (1)  

Section 22 (reporting of and inquiries into dangerous occurrences) is

amended as follows.

      (2)  

In subsection (2)—

(a)   

for “Minister” substitute “appropriate national authority”;

 
 

Energy Bill
Schedule 12 — Minor and consequential amendments relating to Part 3
Part 2 — Nuclear safety

171

 

(b)   

at the end insert “and liable—

(a)   

on conviction on indictment to imprisonment for a

term not exceeding 2 years, or a fine, or both;

(b)   

on summary conviction to imprisonment for a term

not exceeding 12 months, or a fine not exceeding

5

£20,000, or both.”

      (3)  

After that subsection insert—

“(2A)   

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 to 12 months

10

in subsection (2)(b), as it has effect in England and Wales, is to be

read as a reference to 6 months.”

21         

In section 24 (inspectors), for “provisions which are mentioned in Schedule

1 to the Health and Safety at Work etc. Act 1974” substitute “sections 1, 3 to

6, 22 and 24A of this Act”.

15

22    (1)  

Section 24A (recovery of expenses by Health and Safety Executive) is

amended as follows.

      (2)  

In subsection (1)—

(a)   

for “Health and Safety Executive (“the Executive”) which the

Executive may” substitute “ONR which the ONR may”;

20

(b)   

in paragraph (a) for “such of the provisions of this Act as are

mentioned in Schedule 1 to the Health and Safety at Work etc Act

1974” substitute “sections 1, 3 to 6 and 22, and this section of this

Act”.

      (3)  

In subsection (2)—

25

(a)   

for “Executive” substitute “ONR”;

(b)   

for “the Health and Safety at Work etc. Act 1974” substitute

“Schedule 8 to the Energy Act 2013”.

      (4)  

In subsections (3), (4) and (6) to (8) for “Executive”, in each place where it

appears, substitute “ONR”.

30

      (5)  

In the heading, for “Health and Safety Executive” substitute “ONR”.

23    (1)  

Section 26 (interpretation) is amended as follows.

      (2)  

For the definition of “the appropriate Agency” substitute—

“the appropriate environment authority” means—

(a)   

in the case of a site in England or Wales, the

35

Environment Agency;

(b)   

in the case of a site in Scotland, the Scottish

Environment Protection Agency;

(c)   

in the case of a site in Northern Ireland, the

Department of Environment in Northern Ireland;

40

“the appropriate national authority” means—

(a)   

in relation to England and Wales and Scotland, the

ONR;

(b)   

in relation to Northern Ireland, the Secretary of

State;”.

45

 
 

Energy Bill
Schedule 12 — Minor and consequential amendments relating to Part 3
Part 3 — Nuclear security

172

 

      (3)  

For the definition of “inspector” substitute—

““inspector” in sections 4(5) and 5(2) of this Act means—

(a)   

in relation to England and Wales and Scotland, an

inspector appointed by the ONR under Schedule 8 to

the Energy Act 2013 (inspectors);

5

(b)   

in relation to Northern Ireland, an inspector

appointed under section 24 of this Act;”.

      (4)  

After the definition of “occurrence” insert—

“ONR” means the Office for Nuclear Regulation;”.

24         

In section 27 (Northern Ireland) omit subsection (1)(b).

10

25         

In Schedule 1 (security provisions applicable by order under section 2), in

paragraph 3(2)(cc), for “section 19 of the Health and Safety at Work etc. Act

1974” substitute “Schedule 8 to the Energy Act 2013”.

Part 3

Nuclear security

15

Anti-terrorism, Crime and Security Act 2001 (c. 24)

26         

The Anti-terrorism, Crime and Security Act 2001 is amended as follows.

27    (1)  

Section 77 (regulation of security of civil nuclear industry) is amended as

follows.

      (2)  

In subsection (3)(a)(ii), for the words following “term” substitute “not

20

exceeding 12 months (in England and Wales or Scotland) or 6 months (in

Northern Ireland), or a fine not exceeding £20,000, or both”.

      (3)  

After that subsection insert—

“(3A)   

In relation to an offence committed before the commencement of

section 154(1) of the Criminal Justice Act 2003 (general limit on

25

magistrates’ court’s power to imprison), the reference to 12 months

in subsection (3)(a)(ii), as it has effect in England and Wales, is to be

read as a reference to 6 months.”

      (4)  

In subsection (5)(a), for “the Health and Safety Executive” substitute “the

Office for Nuclear Regulation”.

30

28    (1)  

Section 80 (prohibition of disclosures of uranium enrichment technology), is

amended as follows.

      (2)  

In subsection (4)(b), after “the Secretary of State” insert “or the Office for

Nuclear Regulation”.

      (3)  

After subsection (7) insert—

35

“(7A)   

The Secretary of State must consult the Office for Nuclear Regulation

before laying a draft of the regulations, unless they give effect,

without modification, to any proposals for them submitted by the

Office for Nuclear Regulation under section 64(1)(a)(iv) of the

Energy Act 2013.”

40

 
 

 
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