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House of Commons
Session 2013 - 14
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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

 
 

 
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