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 5 — Other enactments
180

Freedom of Information Act 2000 (c. 36)
70
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public
authorities), at the appropriate place insert—

“The Office for Nuclear Regulation.”
Transport Act 2000 (c. 38)
5
71
In Schedule 9 to the Transport Act 2000 (air traffic: information), in
paragraph 3(1), after paragraph (f) insert—
“(fa)
for the purpose of facilitating the carrying out by the Office
for Nuclear Regulation of any of its functions under any
enactment;”.
10
Energy Act 2004 (c. 20)
72
The Energy Act 2004 is amended as follows.
73
In section 14 (annual reports), in subsection (3)(g), after “with” insert “the
Office for Nuclear Regulation,”.
74    (1)
Schedule 2 (procedural requirements applicable to NDA’s strategy) is
15
amended as follows.
      (2)
In paragraph 4(2) (consultation by NDA), before paragraph (a) insert—
“(za)
the Office for Nuclear Regulation;”.
      (3)
In paragraph 5(9) (approval of strategy), after paragraph (a) insert—
“(aa)
the Office for Nuclear Regulation;”.
20
75    (1)
Schedule 3 (procedural requirements applicable to NDA’s annual plans) is
amended as follows.
      (2)
In paragraph 2(1) (consultation by NDA), before paragraph (a) insert—
“(za)
the Office for Nuclear Regulation;”.
      (3)
In paragraph 3(8) (approval of annual plan), after paragraph (a) insert—
25
“(aa)
the Office for Nuclear Regulation;”.
Civil Contingencies Act 2004 (c. 36)
76
In Part 3 of Schedule 1 to the Civil Contingencies Act 2004 (category 2
responders: general), after paragraph 29A insert—
“Miscellaneous
30
29B
The Office for Nuclear Regulation.”
Railways Act 2005 (c. 14)
77
Schedule 3 to the Railways Act 2005 (transfer of safety functions) is amended
as follows.
78
In paragraph 1(5) (railway safety purposes), after paragraph (b) (but before
35
the “and” immediately following it) insert—
“(ba)
the Office for Nuclear Regulation;”.

Energy Bill
Schedule 12 — Minor and consequential amendments relating to Part 3
Part 5 — Other enactments
181

79    (1)
Paragraph 2 (ORR’s principal railway safety functions) is amended as
follows.
      (2)
In sub-paragraph (6), for the words following “must” substitute “—
(a)
if the proposals relate to regulations that are relevant to the
ONR’s purposes (within the meaning of Part 3 of the
5
Energy Act 2013), consult the Office for Nuclear
Regulation;
(b)
in any case, consult—
(i)
such government departments, and
(ii)
such other persons,
10

as it considers appropriate.”
      (3)
In sub-paragraph (7), at the end insert “and, if the regulations are relevant to
the ONR’s purposes (within the meaning of Part 3 of the Energy Act 2013),
the Office for Nuclear Regulation”.
80
In paragraph 4 (reports and investigations), after sub-paragraph (4) insert—
15
   “(4A)
The Office of Rail Regulation must consult the Office for Nuclear
Regulation before taking any step under sub-paragraph (1) in
relation to a matter which appears to the Office of Rail Regulation
to be, or likely to be, relevant to the ONR’s purposes (within the
meaning of Part 3 of the Energy Act 2013).”
20
Fire (Scotland) Act 2005 (asp. 5)
81    (1)
Section 61 of the Fire (Scotland) Act 2005 (enforcing authorities) is amended
as follows.
      (2)
In subsection (7), for “Health and Safety Executive” (in both places)
substitute “appropriate body”.
25
      (3)
After that subsection insert—
“(7A)
For the purposes of subsection (7), “appropriate body” means—
(a)
in relation to a workplace which is, or is on, premises for
which it is the enforcing authority, the Office for Nuclear
Regulation;
30
(b)
in relation to any other workplace, the Health and Safety
Executive.
      (4)
Subsection (9) is amended as follows.
      (5)
In paragraph (za)—
(a)
omit sub-paragraphs (i) and (ii);
35
(b)
for sub-paragraph (iv) substitute—
“(iv)
which are a workplace which is, or is on, a
construction site, other than one in relation to
which the Office for Nuclear Regulation is
responsible for health and safety
40
enforcement;”.
      (6)
After that paragraph insert—
“(zaa)
in relation to relevant premises—

Energy Bill
Schedule 12 — Minor and consequential amendments relating to Part 3
Part 5 — Other enactments
182

(i)
for which a licence is required by virtue of section 1 of
the Nuclear Installations Act 1965 or for which a
permit is required by virtue of section 2 of that Act;
(ii)
for which such a licence or permit would be required
but for the fact that the premises are used by, or on
5
behalf of, the Crown; or
(iii)
which are a workplace which is, or is on, a
construction site in relation to which the Office for
Nuclear Regulation is responsible for health and
safety enforcement,
10

the Office for Nuclear Regulation;”.
      (7)
In paragraph (b)—
(a)
in sub-paragraph (i), for “(za)(ii), (iii)” substitute “(za)(iii), (zaa)(ii)”;
(b)
in sub-paragraph (ii), for “(za)(ii)” substitute “(zaa)(ii)”.
      (8)
After subsection (9) insert—
15
“(9A)
For the purposes of subsection (9)—
(a)
“construction site” means a construction site, as defined in
regulation 2(1) of the Construction (Design and
Management) Regulations 2007, to which those Regulations
apply, other than one to which regulation 46(1) of those
20
Regulations applies;
(b)
the Office for Nuclear Regulation is responsible for health
and safety enforcement in relation to a construction site if, by
virtue of regulations under section 18(2) of the Health and
Safety at Work etc. Act 1974 (enforcement), it is responsible
25
for the enforcement of any of the relevant statutory
provisions (within the meaning of Part 1 of that Act) in
relation to the site.”
      (9)
In subsection (10), after “(9)” insert “or (9A)”.
Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541)
30
82
The Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/2541) is amended
as follows.
83    (1)
Article 25 (enforcing authorities) is amended as follows.
      (2)
That Article becomes paragraph (1) and is amended as follows.
      (3)
In paragraph (b)—
35
(a)
omit sub-paragraphs (i) and (ii);
(b)
for sub-paragraph (iv) substitute—
“(iv)
any workplace which is, or is on, a
construction site, other than one in relation to
which the Office for Nuclear Regulation is
40
responsible for health and safety
enforcement;”.
      (4)
After that paragraph insert—
“(bb)
the Office for Nuclear Regulation in relation to—
(i)
any premises for which a licence is required by virtue
45
of section 1 of the Nuclear Installations Act 1965 or for

Energy Bill
Schedule 12 — Minor and consequential amendments relating to Part 3
Part 5 — Other enactments
183

which a permit is required by virtue of section 2 of
that Act;
(ii)
any premises for which such a licence or permit
would be required but for the fact that the premises
are used by, or on behalf of, the Crown;
5
(iii)
any workplace which is, or is on, a construction site in
relation to which the Office for Nuclear Regulation is
responsible for health and safety enforcement;”.
      (5)
In paragraph (e)—
(a)
in sub-paragraph (i), for “(b)(ii)” substitute “(bb)(ii)”;
10
(b)
in sub-paragraph (ii), for “(b)(ii)” substitute “(bb)(ii)”.
      (6)
After Article 25(1) insert—
“(2)
For the purposes of paragraph (1)—
(a)
“construction site” means a construction site, as defined in
regulation 2(1) of the Construction (Design and
15
Management) Regulations 2007, to which those Regulations
apply, other than one to which regulation 46(1) of those
Regulations applies;
(b)
the Office for Nuclear Regulation is responsible for health
and safety enforcement in relation to a construction site if, by
20
virtue of regulations under section 18(2) of the Health and
Safety at Work etc. Act 1974 (enforcement), it is responsible
for the enforcement of any of the relevant statutory
provisions (within the meaning of Part 1 of that Act) in
relation to the site.”
25
84
In Article 26 (enforcement of Order), in paragraph (3), after “Health and
Safety Executive” (in both places) insert “, Office for Nuclear Regulation”.
Government of Wales Act 2006 (c. 32)
85
In Schedule 7 to the Government of Wales Act 2006 (subjects to which Acts
of the Assembly may relate), in Part 1, in the exceptions to paragraph 4
30
(economic development), after “nuclear installations” insert “and the Office
for Nuclear Regulation”.
National Health Service Act 2006 (c. 41)
86
In section 2A of the National Health Service Act 2006 (Secretary of State’s
duty as to protection of public health)—
35
(a)
in subsection (3)(b), for “the Health and Safety Executive” substitute
“a relevant body”;
(b)
in subsection (4)(a), for “Health and Safety Executive” substitute
“relevant body”;
(c)
after subsection (4) insert—
40
“(5)
For the purposes of subsections (3) and (4), each of the
following is a relevant body—
(a)
the Health and Safety Executive;
(b)
the Office for Nuclear Regulation.”.

Energy Bill
Schedule 12 — Minor and consequential amendments relating to Part 3
Part 5 — Other enactments
184

Road Safety Act 2006 (c. 49)
87
Section 57 of the Road Safety Act 2006 (which amends section 2 of the
Radioactive Material (Road Transport) Act 1991) is repealed.
Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)
88
In section 25 of the Corporate Manslaughter and Corporate Homicide Act
5
2007, in the definition of “health and safety legislation”, at the end insert
“and provision dealing with health and safety matters contained in Part 3 of
the Energy Act 2013 (nuclear regulation)”.
Regulatory Enforcement and Sanctions Act 2008 (c. 13)
89
In Schedule 6 to the Regulatory Enforcement and Sanctions Act 2008
10
(enactments specified for the purposes of orders under Part 3), the entry for
sections 2 to 6 of the Radioactive Material (Road Transport) Act 1991 is
repealed.
Energy Act 2008 (c. 32)
90
The Energy Act 2008 is amended as follows.
15
91
In section 46 (approval of a funded decommissioning programme), in
subsection (6), for paragraph (a) substitute—
“(a)
the Office for Nuclear Regulation,”.
92
In section 50 (power to disapply section 49), in subsection (2), for paragraph
(a) substitute—
20
“(a)
the Office for Nuclear Regulation,”.
93
In section 54 (nuclear decommissioning: regulations and guidance), in
subsection (8), for paragraph (a) substitute—
“(a)
the Office for Nuclear Regulation,”.
94
In section 59 (offence of further disclosure of information), in subsection
25
(2)(c)—
(a)
for “the Health and Safety Executive” substitute “the Office for
Nuclear Regulation”;
(b)
for “the Executive” substitute “the Office for Nuclear Regulation”.
95
In section 63 (co-operation with other public bodies), in subsection (2), for
30
paragraph (a) substitute—
“(a)
the Office for Nuclear Regulation;”.
Borders, Citizenship and Immigration Act 2009 (c. 11)
96    (1)
Part 1 of the Borders, Citizenship and Immigration Act 2009 (which provides
for certain functions of the Commissioners for Her Majesty’s Revenue and
35
Customs to be exercisable concurrently by the Secretary of State or the
Director of Border Revenue) is amended as follows.
      (2)
In section 1 (general customs functions of the Secretary of State), in
subsection (6), after paragraph (a) (but before the “and” immediately

Energy Bill
Schedule 13 — Transfer schemes under section 111
185

following it) insert—
“(aa)
sections 81 and 82 of the Energy Act 2012 (HMRC functions
in relation to Office for Nuclear Regulation etc.),”.
      (3)
In section 7 (customs revenue functions of the Director of Border Revenue)
in subsection (7), after paragraph (a) (but before the “and” immediately
5
following it) insert—
“(aa)
sections 81 and 82 of the Energy Act 2012 (HMRC functions
in relation to Office for Nuclear Regulation etc.),”.
Equality Act 2010 (c. 15)
97
In Schedule 19 to the Equality Act 2010 (public authorities: general), after the
10
entry for the Health and Safety Executive insert—

“The Office for Nuclear Regulation.”.
Health and Social Care Act 2012 (c. 7)
98
In section 58(6) of the Health and Social Care Act 2012 (radiation protection
functions), after paragraph (b) insert—
15
“(c)
the Office for Nuclear Regulation.”.
Schedule 13
Section 111

Transfer schemes under section 111
1     (1)
On the transfer date, the designated property, rights and liabilities that are
to be transferred from the Oil and Pipelines Agency (“the transferor”) to the
20
Secretary of State (“the transferee”) are transferred and vest in accordance
with the scheme.
      (2)
The rights and liabilities that may be transferred by a scheme include those
arising under or in connection with a contract of employment.
      (3)
A certificate by the Secretary of State that anything specified in the certificate
25
has vested in the Secretary of State by virtue of a scheme is conclusive
evidence for all purposes of that fact.
      (4)
In this Schedule—
“civil service” means the civil service of the state;
“designated”, in relation to a scheme, means specified in or determined
30
in accordance with the scheme;
“property” includes interests of any description;
“the transfer date” means a date specified by a scheme as the date on
which the scheme is to have effect;
“TUPE regulations” means the Transfer of Undertakings (Protection of
35
Employment) Regulations 2006 (S.I. 2006/246).
2     (1)
A scheme may make provision—
(a)
for anything done by or in relation to the transferor 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
40
transferee;

Energy Bill
Schedule 14 — Consumer redress orders
Part 1 — Gas consumers
186

(b)
for references to the transferor in any agreement (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 transferee;
(c)
about the continuation of legal proceedings;
5
(d)
for transferring property, rights or liabilities which could not
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
10
forfeiture, right to compensation or other similar right from arising
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;
15
(h)
for transferring property acquired, or rights or liabilities arising,
after the scheme is made but before it takes effect;
(i)
for apportioning property, rights or liabilities;
(j)
for creating rights, or imposing liabilities, in connection with
property, rights or liabilities transferred by the scheme;
20
(k)
for requiring the transferee to enter into any agreement of any kind,
or for a purpose, specified in or determined in accordance with the
scheme;
(l)
if the TUPE regulations do not apply in relation to the transfer, make
provision which is the same or similar.
25
      (2)
Sub-paragraph (1)(b) does not apply to references in primary legislation or
in subordinate legislation.
3
For the purposes of this Schedule—
(a)
an individual who holds employment in the civil service is to be
treated as employed by virtue of a contract of employment, and
30
(b)
the terms of the individual’s employment in the civil service are to be
regarded as constituting the terms of the contract of employment.
Schedule 14
Section 126

Consumer redress orders
Part 1
35
Gas consumers
1     (1)
The Gas Act 1986 is amended as set out in sub-paragraphs (2) to (7).
      (2)
After section 30F insert—
“30G
Consumer redress orders
(1)
This section applies where the Authority is satisfied that—
40
(a)
a regulated person has contravened, or is contravening, any
relevant condition or requirement, and