Energy Bill

House of Commons

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Energy Bill

Energy Bill
Schedule 12 — Minor and consequential amendments relating to Part 3
Part 4 — Nuclear safeguards
173

Part 4
Nuclear safeguards
Atomic Energy Act 1946 (c. 80)
29
The Atomic Energy Act 1946 is amended as follows.
30    (1)
Section 4 (power to obtain information of materials, plants and processes) is
5
amended as follows.
      (2)
In subsection (1), at the beginning insert “Subject to subsection (1A)”.
      (3)
After subsection (1) insert—
“(1A)
No notice may be served under subsection (1) which imposes a
requirement which could be imposed—
10
(a)
by a notice served by the Office for Nuclear Regulation under
section 80 of the Energy Act 2013 (power of ONR to obtain
information), or
(b)
by an authorised inspector under paragraph 15 of Schedule 8
to that Act (power of inspectors to require information and
15
documents).”.
31    (1)
Section 5 (power of entry and inspection) is amended as follows.
      (2)
In subsection (1), at the beginning insert “Subject to subsection (1A)”.
      (3)
After subsection (1) insert—
“(1A)
No authorisation to enter or inspect any premises may be given by
20
the Minister to any person under subsection (1) if such authorisation
could be given by the Office for Nuclear Regulation to an inspector
under Part 1 of Schedule 8 to the Energy Act 2013 (appointment and
powers of inspectors).”.
32
In section 11 (restriction on disclosure of information relating to plant), after
25
subsection (2) insert—
“(2A)
The communication of information is not an offence under this
section if it is—
(a)
communication to the Office for Nuclear Regulation of
information required under section 80 of the Energy Act 2013
30
(power of ONR to obtain information), or any subsequent
communication of that information by the Office for Nuclear
Regulation, or
(b)
communication to an authorised inspector of information
required by the inspector under paragraph 15 of Schedule 8
35
to that Act (power of inspectors to require information and
documents), or any subsequent communication of that
information by an inspector.”.
33
In section 18 (definitions), in subsection (1), after the definition of “atomic
energy” insert—
40
““inspector” means an inspector appointed under Schedule 8 to
the Energy Act 2013; and “authorised”, in relation to such an
inspector, is to be construed in accordance with paragraph
2(4) of that Schedule;”.

Energy Bill
Schedule 12 — Minor and consequential amendments relating to Part 3
Part 4 — Nuclear safeguards
174

Nuclear Safeguards and Electricity (Finance) Act 1978 (c. 25)
34
The Nuclear Safeguards and Electricity (Finance) Act 1978 is amended as
follows.
35
In section 2 (rights of International Atomic Energy Agency inspectors), in
subsection (8) for “Secretary of State” substitute “Office for Nuclear
5
Regulation”.
36
In section 3 (regulations for giving effect to certain provisions of Safeguards
Agreement) —
(a)
after subsection (1) insert—
“(1A)
Regulations under this section may in particular modify
10
functions of, or confer functions on, the Office for Nuclear
Regulation.”;
(b)
after subsection (2) insert—
“(2A)
The Secretary of State must consult the Office for Nuclear
Regulation before making regulations under this section
15
unless the regulations 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.”
Nuclear Safeguards Act 2000 (c. 5)
37
The Nuclear Safeguards Act 2000 is amended as follows.
20
38    (1)
Section 1(1) (interpretation) is amended as follows.
      (2)
In the definition of “Additional Protocol information” after “Secretary of
State” insert “or the Office for Nuclear Regulation”.
      (3)
In the definition of “authorised officer” for “Secretary of State” substitute
“Office for Nuclear Regulation”.
25
39    (1)
Section 2 (information and records for purposes of the Additional Protocol)
is amended as follows.
      (2)
In subsection (1), for “Secretary of State” substitute “Office for Nuclear
Regulation”.
      (3)
In subsection (2), for “Secretary of State”, in both places where it appears,
30
substitute “Office for Nuclear Regulation”.
      (4)
In subsection (3)(a) for “Secretary of State” substitute “Office for Nuclear
Regulation”.
40    (1)
Section 3 (identifying persons who have information) is amended as follows.
      (2)
In subsection (1), for “him” substitute “the Office for Nuclear Regulation”.
35
      (3)
In subsection (2)(b), for “Secretary of State” substitute “Office for Nuclear
Regulation”.
      (4)
In subsection (3)(a), for “Secretary of State” substitute “Office for Nuclear
Regulation”.

Energy Bill
Schedule 12 — Minor and consequential amendments relating to Part 3
Part 5 — Other enactments
175

      (5)
After subsection (3) insert—
“(3A)
The Secretary of State must consult the Office for Nuclear Regulation
before making regulations under this section unless the regulations
give effect, without modification, to any proposals for them
submitted by the Office for Nuclear Regulation under section
5
64(1)(a)(iv) of the Energy Act 2013.”
      (6)
In subsection (5), for “Secretary of State” substitute “Office for Nuclear
Regulation”.
41    (1)
Section 4 (powers of entry in relation to Additional Protocol information) is
repealed.
10
      (2)
Sub-paragraph (1) does not affect the power in section 12(4) of the Nuclear
Safeguards Act 2000 to extend section 4 of that Act outside the United
Kingdom.
42    (1)
Section 5 (rights of access etc. for Agency inspectors) is amended as follows.
      (2)
After subsection (3) insert—
15
“(3A)
The Secretary of State must consult the Office for Nuclear Regulation
before making an order under subsection (3) unless the order gives
effect, without modification, to any proposals for such an order
submitted by the Office for Nuclear Regulation under section
64(1)(a)(iv) of the Energy Act 2013.”
20
      (3)
In subsection (6) for “Secretary of State” substitute “Office for Nuclear
Regulation”.
43
In section 6 (restriction on disclosure), after subsection (3) insert—
“(3A)
It is not an offence under this section to disclose information held by
the Office for Nuclear Regulation if the disclosure is not in
25
contravention of Part 3 of the Energy Act 2013.”.
44
In section 7 (giving false or misleading information), in paragraphs (a) and
(b) for “Secretary of State” substitute “Office for Nuclear Regulation”.
Part 5
Other enactments
30
Explosives Act 1875 (c. 17)
45
The Explosives Act 1875 is amended as follows.
46
In section 61 (keeping and carriage of samples by an inspector appointed by
the Health and Safety Executive under section 19 of the 1974 Act), at the end
insert the following paragraphs—
35
“
The reference to an inspector appointed by the Health and Safety
Executive under section 19 of the Health and Safety at Work etc. Act
1974 (“the 1974 Act”) is to be read, in relation to a relevant nuclear
site, as a reference to an inspector appointed by the Office for
Nuclear Regulation under that section.
40

For this purpose a relevant nuclear site is one in relation to which the
Office for Nuclear Regulation has responsibility for the enforcement

Energy Bill
Schedule 12 — Minor and consequential amendments relating to Part 3
Part 5 — Other enactments
176

of any of the relevant statutory provisions (within the meaning of
Part 1 of the 1974 Act) by virtue of section 18(1A) or (2) of the 1974
Act.”
47
In section 74 (seizure and detention of explosives liable to forfeiture), after
subsection (6) insert the following paragraphs—
5
“
In this section, any reference to an inspector appointed by the Health
and Safety Executive under section 19 of the Health and Safety at
Work etc. Act 1974 (“the 1974 Act”) is to be read, in relation to
anything found on a relevant nuclear site, as a reference to an
inspector appointed by the Office for Nuclear Regulation under that
10
section.

For this purpose a relevant nuclear site is one in relation to which the
Office for Nuclear Regulation has responsibility for the enforcement
of any of the relevant statutory provisions (within the meaning of
Part 1 of the 1974 Act) by virtue of section 18(1A) or (2) of the 1974
15
Act.”
Factories Act 1961 (c. 34)
48
In section 176(1) of the Factories Act 1961 (general interpretation), in the
definition of “inspector”, for the words from “means” to “and references”
substitute “, in relation to a factory, means an inspector appointed under
20
section 19 of the Health and Safety at Work etc. Act 1974 (“the 1974 Act”)—
(a)
in the case of a factory on a site in relation to which the
Office for Nuclear Regulation has responsibility for
the enforcement of any of the relevant statutory
provisions (within the meaning of Part 1 of the 1974
25
Act) by virtue of section 18(1A) or (2) of that Act, by
the Office for Nuclear Regulation;
(b)
in any other case, by the Health and Safety Executive,
and references”.
Parliamentary Commissioner Act 1967 (c. 13)
30
49
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc
subject to investigation), at the appropriate place insert—

“Office for Nuclear Regulation.”
House of Commons Disqualification Act 1975 (c. 24)
50    (1)
Schedule 1 to the House of Commons Disqualification Act 1975 is amended
35
as follows.
      (2)
In Part 2 (bodies of which all members are disqualified), at the appropriate
place insert—

“The Office for Nuclear Regulation.”
      (3)
In Part 3 (other disqualifying offices), at the appropriate place insert—
40

“Member of staff of the Office for Nuclear Regulation (within
the meaning of Part 3 of the Energy Act 2013).”

Energy Bill
Schedule 12 — Minor and consequential amendments relating to Part 3
Part 5 — Other enactments
177

Northern Ireland Assembly Disqualification Act 1975 (c. 25)
51    (1)
Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 is
amended as follows.
      (2)
In Part 2 (bodies of which all members are disqualified), at the appropriate
place insert—
5

“The Office for Nuclear Regulation.”
      (3)
In Part 3 (other disqualifying offices), at the appropriate place insert—

“Member of staff of the Office for Nuclear Regulation (within
the meaning of Part 3 of the Energy Act 2013).”
Employment Protection Act 1975 (c.71)
10
52
In Schedule 15 to the Employment Protection Act 1975, omit paragraph 13
(amendments of section 44 of the Health and Safety at Work etc. Act 1974).
Civil Aviation Act 1982 (c. 16)
53
In section 23 of the Civil Aviation Act 1982 (disclosure of information), in
subsection (4), after paragraph (b) insert—
15
“(ba)
by the CAA or a member or employee of the CAA—
(i)
to, or to a member of, the Office for Nuclear
Regulation, or
(ii)
to a member of staff of the Office for Nuclear
Regulation (within the meaning of Part 3 of the
20
Energy Act 2013);”.
Water Act 1989 (c. 15)
54
In section 174 of the Water Act 1989 (general restrictions on disclosure of
information), in subsection (2), after paragraph (g) insert—
“(ga)
for the purpose of facilitating the carrying out by the Office
25
for Nuclear Regulation of any of its functions under any
enactment;”.
Electricity Act 1989 (c. 29)
55
The Electricity Act 1989 is amended as follows.
56    (1)
Section 3C (health and safety) is amended as follows.
30
      (2)
In subsection (1), for the words following “consult” substitute “—
(a)
the Health and Safety Executive about all electricity safety
issues, and
(b)
the Office for Nuclear Regulation about all electricity safety
issues relating to nuclear sites (within the meaning of Part 3
35
of the Energy Act 2013),

which may be relevant to the carrying out of their respective
functions under this Part.”
      (3)
In subsection (3), after “Health and Safety Executive” insert “or the Office for
Nuclear Regulation”.
40

Energy Bill
Schedule 12 — Minor and consequential amendments relating to Part 3
Part 5 — Other enactments
178

57
In section 56C (references to the Competition Commission), in subsection
(6)(c), after “Health and Safety Executive” insert “, the Office for Nuclear
Regulation”.
Radioactive Material (Road Transport) Act 1991 (c. 27)
58    (1)
The Radioactive Material (Road Transport) Act 1991, apart from section 1(1),
5
is repealed.
      (2)
In section 1(1) of that Act, for “In this Act” substitute “In this subsection
(which applies for the purposes of section E5 of Part 2 of Schedule 5 to the
Scotland Act 1998)”.
Water Industry Act 1991 (c. 56)
10
59
In section 206 of the Water Industry Act 1991 (restriction on disclosure of
information), in subsection (3), after paragraph (g) insert—
“(ga)
for the purpose of facilitating the carrying out by the Office
for Nuclear Regulation of any of its functions under any
enactment;”.
15
Water Resources Act 1991 (c. 57)
60
In section 204 of the Water Resources Act 1991 (restriction on disclosure of
information), in subsection (2), after paragraph (g) insert—
“(ga)
for the purpose of facilitating the carrying out by the Office
for Nuclear Regulation of any of its functions under any
20
enactment;”.
Radioactive Substances Act 1993 (c. 12)
61
The Radioactive Substances Act 1993 is amended as follows.
62
In section 16 (grant of authorisations), as it has effect in relation to Scotland,
in subsection (4A)—
25
(a)
in the opening words, omit “in any part of Great Britain”;
(b)
in paragraph (a) for “Health and Safety Executive” substitute “Office
for Nuclear Regulation”.
63
In section 17 (revocation and variation of authorisations), as it has effect in
relation to Scotland, in subsection (2A)—
30
(a)
in the opening words omit “in any part of Great Britain”;
(b)
in paragraph (a) for “Health and Safety Executive” substitute “Office
for Nuclear Regulation”.
Railways Act 1993 (c. 43)
64
In section 145 of the Railways Act 1993 (general restrictions on disclosure of
35
information), in subsection (2), after paragraph (e) insert—
“(ea)
for the purpose of facilitating the carrying out by the Office
for Nuclear Regulation of any of its functions under any
enactment;”.

Energy Bill
Schedule 12 — Minor and consequential amendments relating to Part 3
Part 5 — Other enactments
179

Coal Industry Act 1994 (c. 21)
65
In section 59(3)(e) of the Coal Industry Act 1994 (relevant authorities in
relation to all of their functions), after sub-paragraph (ii) insert—
“(iia)
the Office for Nuclear Regulation;”.
Deregulation and Contracting Out Act 1994 (c. 40)
5
66    (1)
Section 37 of the Deregulation and Contracting Out Act 1994 (power to
repeal certain health and safety provisions) is amended as follows.
      (2)
In subsection (1), after paragraph (b) insert—
“(ba)
any of the relevant nuclear provisions,
(bb)
any provision of regulations under section 58 of the Energy
10
Act 2013 which has effect in place of any of the relevant
nuclear provisions,”.
      (3)
In subsection (2), after paragraph (ac) insert—
“(ad)
in the case of regulations under paragraph (ba) or (bb) of that
subsection, the Office for Nuclear Regulation,”.
15
      (4)
In subsection (7) for “or (b)” substitute “(b), (ba) or (bb)”.
      (5)
In subsection (9)(a), for “or (b)” substitute “(b), (ba) or (bb)”.
      (6)
After subsection (9) insert—
“(10)
In subsection (1), “the relevant nuclear provisions” means—
(a)
sections 1, 3 to 6, 22 and 24A of the Nuclear Installations Act
20
1965, and
(b)
any regulations made under any of those sections,

so far as they have effect in England and Wales or Scotland.”
Scotland Act 1998 (c. 46)
67
In Part 2 of Schedule 5 (specific reservations), in section D4 (nuclear energy),
25
after “occurrences.” insert—

“The Office for Nuclear Regulation.”
Greater London Authority Act 1999 (c. 29)
68
In section 235 of the Greater London Authority Act 1999 (restrictions on
disclosure of information), in subsection (2), after paragraph (f) insert—
30
“(fa)
for the purpose of facilitating the carrying out by the Office
for Nuclear Regulation of any of its functions under any
enactment;”.
Regulation of Investigatory Powers Act 2000 (c. 23)
69
In Part 1 of Schedule 1 to the Regulation of Investigatory Powers Act 2000
35
(relevant authorities for the purposes of sections 28 and 29), after paragraph
20G insert—
“20H
The Office for Nuclear Regulation.”