|
| |
|
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 |
| |
| 10 |
| |
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 |
| |
(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 |
| |
| |
(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— |
| |
| 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 |
| |
| |
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;”. |
| |
|
| |
|
| |
|
79 (1) | Paragraph 2 (ORR’s principal railway safety functions) is amended as |
| |
| |
(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 |
| |
| |
(b) | in any case, consult— |
| |
(i) | such government departments, and |
| |
| 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 |
| |
| |
(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 |
| |
| 30 |
(b) | in relation to any other workplace, the Health and Safety |
| |
| |
(4) | Subsection (9) is amended as follows. |
| |
| |
(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 |
| |
(6) | After that paragraph insert— |
| |
“(zaa) | in relation to relevant premises— |
| |
|
| |
|
| |
|
(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 |
| |
(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 |
| |
| 10 |
| the Office for Nuclear Regulation;”. |
| |
| |
(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 |
| |
(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 |
| |
| |
(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 |
| |
| |
83 (1) | Article 25 (enforcing authorities) is amended as follows. |
| |
(2) | That Article becomes paragraph (1) and is amended as follows. |
| |
| 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 |
| |
| |
(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 |
| |
|
| |
|
| |
|
which a permit is required by virtue of section 2 of |
| |
| |
(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;”. |
| |
| |
(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 |
| |
| |
(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 |
| |
| 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 |
| |
| |
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 |
| |
| |
(b) | in subsection (4)(a), for “Health and Safety Executive” substitute |
| |
| |
(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.”. |
| |
|
| |
|
| |
|
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 |
| |
| |
| |
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 |
| |
| 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 |
| |
(a) | for “the Health and Safety Executive” substitute “the Office for |
| |
| |
(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 |
| |
|
| |
|
| |
|
| |
“(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 |
| |
“(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.”. |
| |
| |
| |
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 |
| |
| |
(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. |
| |
| |
“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 |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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. |
| |
| |
| |
| |
| 35 |
| |
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 |
| |
|
| |
|