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Energy Bill


Energy Bill
Part 3 — Nuclear Regulation
Chapter 4 — Functions of the ONR

60

 

65      

Enforcement of relevant statutory provisions

(1)   

The ONR must make adequate arrangements for the enforcement of the

relevant statutory provisions.

(2)   

In this Part, “relevant statutory provisions” means—

(a)   

the provisions of—

5

   

this Part, and

   

nuclear regulations;

(b)   

the provisions made by or under the following sections of the Nuclear

Installations Act 1965, so far as they have effect in England and Wales

or Scotland—

10

   

section 1;

   

sections 3 to 6;

   

section 22;

   

section 24A; and

(c)   

the provisions of the Nuclear Safeguards Act 2000.

15

66      

Inspectors

Schedule 8 (appointment and powers of inspectors) has effect.

67      

Investigations

(1)   

The ONR may—

(a)   

investigate and make a report (“a special report”) on any relevant

20

matter, or

(b)   

authorise another person to do so.

(2)   

The ONR may publish or arrange for the publication of—

(a)   

a special report, or

(b)   

so much of a special report as the ONR considers appropriate.

25

(3)   

In this section “relevant matter” means any accident, occurrence, situation or

other matter which the ONR considers it necessary or desirable to

investigate—

(a)   

for any of the ONR’s purposes, or

(b)   

with a view to the making of—

30

(i)   

nuclear regulations, or

(ii)   

regulations under section 15 of the 1974 Act (health and safety

regulations) so far as they can be made for the nuclear site

health and safety purposes.

(4)   

The ONR may pay such remuneration, expenses and allowances as it may

35

determine to a person who—

(a)   

is not a member or member of staff of the ONR, and

(b)   

investigates a relevant matter or makes a special report under

subsection (1), or assists in doing so.

(5)   

The ONR may make such payments as it may determine to meet the other costs

40

(if any) of an investigation or special report under subsection (1).

(6)   

The ONR must consult the Office of Rail Regulation before taking any step

under subsection (1) in relation to a matter which appears to the ONR to be, or

 
 

Energy Bill
Part 3 — Nuclear Regulation
Chapter 4 — Functions of the ONR

61

 

likely to be, relevant to the railway safety purposes (within the meaning given

in paragraph 1 of Schedule 3 to the Railways Act 2005).

(7)   

Subsection (2) is subject to section 77.

68      

Inquiries

(1)   

The ONR may, with the consent of the Secretary of State, direct an inquiry to

5

be held into any matter if it considers the inquiry necessary or desirable for any

of the ONR’s purposes.

(2)   

In this Part “ONR inquiry” means an inquiry under this section.

(3)   

An ONR inquiry must be held in accordance with regulations made by the

Secretary of State.

10

(4)   

Except as provided by the regulations—

(a)   

an ONR inquiry is to be held in public; and

(b)   

any report made by the person holding an ONR inquiry is to be

published.

(5)   

The regulations may in particular make provision—

15

(a)   

conferring on the person holding an ONR inquiry and any person

assisting that person—

(i)   

powers of entry and inspection;

(ii)   

powers of summoning witnesses to give evidence or produce

documents;

20

(iii)   

power to take evidence on oath and to administer oaths;

(iv)   

power to require the making of declarations;

(b)   

as to circumstances in which—

(i)   

an ONR inquiry or any part of it is to be held in private;

(ii)   

any report, or part of a report, made by the person holding an

25

ONR inquiry is not to be published;

(c)   

conferring functions on the ONR or the Secretary of State;

(d)   

creating summary offences.

(6)   

An offence under the regulations may be made punishable with a fine not

exceeding level 5 on the standard scale.

30

(7)   

Subsection (8) applies where—

(a)   

the ONR directs an ONR inquiry to be held into a matter arising in

Scotland, and

(b)   

the matter in question causes the death of a person.

(8)   

Unless the Lord Advocate otherwise directs, no inquiry is to be held with

35

regard to the death of that person under the Fatal Accidents and Sudden

Deaths Inquiry (Scotland) Act 1976.

69      

Inquiries: payments and charges

(1)   

The ONR may pay such remuneration, expenses and allowances as it may

determine to—

40

(a)   

a person holding an ONR inquiry;

(b)   

any assessor appointed to assist a person holding an ONR inquiry.

 
 

Energy Bill
Part 3 — Nuclear Regulation
Chapter 4 — Functions of the ONR

62

 

(2)   

The ONR may pay to persons attending an ONR inquiry as witnesses such

expenses as it may determine.

(3)   

The ONR may make such payments as it may determine to meet the other costs

(if any) of an ONR inquiry.

(4)   

The ONR may require such person or persons to make such payments to it as

5

it considers appropriate in connection with an ONR inquiry.

(5)   

The aggregate of the payments required under subsection (4) must not exceed

the ONR’s costs that are attributable to the ONR inquiry.

(6)   

No payment may be required under subsection (4) except with the consent of

the Secretary of State.

10

Other functions

70      

Provision of information

(1)   

The ONR must make such arrangements as it considers appropriate for

providing information that it holds that is relevant to the ONR’s purposes.

(2)   

Arrangements that may be made under subsection (1) are arrangements of any

15

description, including arrangements—

(a)   

for providing information to any person or category of persons

(whether or not concerned with matters relevant to the ONR’s

purposes);

(b)   

for providing information on request or on the ONR’s initiative;

20

(c)   

for providing only such information as the ONR considers appropriate.

(3)   

This section is subject to section 77.

71      

Research, training etc

(1)   

The ONR—

(a)   

may carry out research in connection with the ONR’s purposes, or

25

arrange for such research to be carried out on its behalf, and

(b)   

must, if it considers it appropriate to do so, publish the results of any

such research or arrange for them to be published.

(2)   

The ONR may make payments for research to be carried out in connection with

the ONR’s purposes and for the dissemination of information derived from

30

such research.

(3)   

The ONR may provide, or make arrangements for the provision of, training to

any person in connection with the ONR’s purposes.

(4)   

Arrangements under subsection (3) may include provision for payments to be

made to the ONR by or on behalf of—

35

(a)   

other parties to the arrangements,

(b)   

persons to whom the training is provided.

72      

Provision of information or advice to relevant authorities

(1)   

The ONR must, on request, provide a relevant authority with relevant

information or relevant advice.

40

 
 

Energy Bill
Part 3 — Nuclear Regulation
Chapter 4 — Functions of the ONR

63

 

(2)   

Relevant information is information about the ONR’s activities which is

requested—

(a)   

in the case of information requested by a Minister of the Crown—

(i)   

for the purpose of monitoring the ONR’s performance of its

functions, or

5

(ii)   

for the purpose of any proceedings in Parliament,

(b)   

in any case, in connection with any matter with which the relevant

authority requesting it is concerned.

(3)   

The reference in subsection (2) to the ONR’s activities includes a reference to—

(a)   

the activities of inspectors appointed by the ONR under—

10

(i)   

Schedule 8,

(ii)   

section 19 of the 1974 Act, or

(iii)   

Article 26 of the Regulatory Reform (Fire Safety) Order 2005 (S.I.

2005/2541),

   

in their capacity as such inspectors, and

15

(b)   

the activities of enforcing officers appointed by the ONR under section

61(3) of the Fire (Scotland) Act 2005 (asp. 5) in their capacity as such

enforcing officers.

(4)   

Relevant advice is advice on a matter with which the relevant authority

requesting it is concerned where the matter—

20

(a)   

is relevant to the ONR’s purposes, or

(b)   

is one on which expert advice is obtainable from any member or

member of staff of the ONR.

(5)   

The ONR may require a relevant authority to whom information or advice is

provided under subsection (1) to pay a fee in respect of the ONR’s costs

25

reasonably incurred in providing the authority with—

(a)   

relevant information requested under subsection (2)(b), or

(b)   

relevant advice.

(6)   

The Secretary of State may by regulations provide that subsection (5) is not to

apply in particular cases or classes of case or in particular circumstances.

30

(7)   

The duty under subsection (1) is in addition to any other duty or power of the

ONR to provide information or advice.

(8)   

In this section “relevant authority” means any of the following—

(a)   

a Minister of the Crown;

(b)   

the Scottish Ministers;

35

(c)   

the Welsh Ministers;

(d)   

a Northern Ireland Department;

(e)   

the Health and Safety Executive;

(f)   

the Health and Safety Executive for Northern Ireland;

(g)   

the Civil Aviation Authority;

40

(h)   

the Office of Rail Regulation.

73      

Arrangements with government departments etc

(1)   

If the condition in subsection (2) is met, the ONR may enter into an agreement

with a Minister of the Crown, a government department or a public authority

 
 

Energy Bill
Part 3 — Nuclear Regulation
Chapter 4 — Functions of the ONR

64

 

for the ONR to perform any function exercisable by the Minister, department

or authority.

(2)   

The condition is that—

(a)   

the function is—

(i)   

a function of the Health and Safety Executive of investigating or

5

making a special report under section 14 of the 1974 Act, or

(ii)   

a function of the Office of Rail Regulation of investigating or

making a special report under paragraph 4 of Schedule 3 to the

Railways Act 2005, or

(b)   

the Secretary of State considers that the function in question can

10

appropriately be performed by the ONR.

(3)   

The functions to which an agreement under subsection (1) may relate—

(a)   

in the case of an agreement with a Minister of the Crown, include a

function not conferred by an enactment;

(b)   

do not include any power to make regulations or other instruments of

15

a legislative character.

(4)   

An agreement under subsection (1) may provide for functions to be performed

with or without payment.

(5)   

The ONR may provide services or facilities, with or without payment,

otherwise than for the ONR’s purposes, to a government department or public

20

authority in connection with the exercise of that department’s or authority’s

functions.

74      

Provision of services or facilities

(1)   

The ONR may provide services and facilities for the ONR’s purposes to any

person.

25

(2)   

The ONR may, with the consent of the Secretary of State, provide any relevant

services to any person, whether or not in the United Kingdom.

(3)   

In subsection (2), “relevant services” means services which—

(a)   

are not relevant to the ONR’s purposes, but

(b)   

are in a field in which any member or member of staff of the ONR has

30

particular expertise.

(4)   

The Secretary of State may give consent for the purposes of subsection (2)—

(a)   

in relation to particular arrangements for the provision of services, or

(b)   

generally in relation to such arrangements of a particular description.

(5)   

Arrangements for the provision of services to a person under subsection (2) are

35

to be on such terms as to payment as that person and the ONR may agree.

Exercise of functions: general

75      

Directions from Secretary of State

(1)   

The Secretary of State may give the ONR a direction as to the exercise by it of—

(a)   

its functions generally, or

40

(b)   

any of its functions specifically.

 
 

Energy Bill
Part 3 — Nuclear Regulation
Chapter 4 — Functions of the ONR

65

 

(2)   

A direction given by the Secretary of State under subsection (1)—

(a)   

may modify a function of the ONR, but

(b)   

must not confer functions on the ONR (other than a function of which

it was deprived by a previous direction given under this section).

(3)   

The Secretary of State may give the ONR such directions as appear to the

5

Secretary of State to be necessary or desirable in the interests of national

security.

(4)   

A direction given by the Secretary of State under subsection (3) may—

(a)   

modify a function of the ONR,

(b)   

confer a function on the ONR.

10

(5)   

A direction under subsection (1) or (3) must not be given in relation to the

exercise of a regulatory function in a particular case.

(6)   

If the Secretary of State is satisfied that there are exceptional circumstances

relating to national security which justify giving a direction under this

subsection, the Secretary of State may give the ONR a direction as to the

15

exercise by the ONR of a regulatory function in a particular case.

(7)   

A direction given under subsection (6) must be for the nuclear security

purposes.

(8)   

The Secretary of State must lay before Parliament a copy of any direction given

under this section.

20

(9)   

Subsection (8) does not apply to a direction under subsection (6) if the Secretary

of State considers that publishing the direction would be contrary to the

interests of national security; but, in that event, the Secretary of State must lay

before Parliament a memorandum stating that such a direction has been given

and the date on which it was given.

25

76      

Compliance with nuclear safeguards obligations

(1)   

The ONR must do such things as it considers best calculated to secure

compliance by the United Kingdom or, as the case may be, to enable or

facilitate compliance by a Minister of the Crown, with the safeguards

obligations.

30

(2)   

For the purposes of this Part “the safeguards obligations” are—

(a)   

Articles 77 to 85 of the Treaty establishing the European Atomic Energy

Community, signed at Rome on 25 March 1957,

(b)   

the agreement made on 6 September 1976 between the United

Kingdom, the European Atomic Energy Community and the

35

International Atomic Energy Agency for the application of safeguards

in the United Kingdom in connection with the Treaty on the Non-

Proliferation of Nuclear Weapons,

(c)   

the protocol signed at Vienna on 22 September 1998 additional to the

agreement mentioned in paragraph (b), and

40

(d)   

such other obligations, agreements or arrangements relating to nuclear

safeguards as may be specified in a notice given to the ONR by the

Secretary of State;

   

and any reference in paragraphs (a) to (c) to a treaty, agreement or protocol is

to it as it has effect for the time being.

45

 
 

Energy Bill
Part 3 — Nuclear Regulation
Chapter 4 — Functions of the ONR

66

 

(3)   

The Secretary of State may vary or revoke a notice given under subsection

(2)(d) by giving a further notice to the ONR.

(4)   

Before giving a notice under this section, the Secretary of State must consult the

ONR.

(5)   

The ONR must publish any notice given under this section.

5

(6)   

Subsection (1) is not to be taken to affect the generality of section 62.

77      

Consent of Secretary of State for certain communications

(1)   

The ONR must not issue any communication to which this section applies

except with the consent of the Secretary of State.

(2)   

This section applies to—

10

(a)   

any—

(i)   

security guidance, or

(ii)   

statement of the ONR’s nuclear security policy,

   

that the ONR considers concerns any matter to which any government

policy on national security relates;

15

(b)   

any other communication of a description that the Secretary of State has

directed should be submitted to the Secretary of State before being

issued.

   

This is subject to subsection (3).

(3)   

This section does not apply to—

20

(a)   

a code of practice issued under section 63;

(b)   

the ONR’s strategy or annual plan or a report under paragraph 24 of

Schedule 7;

(c)   

advice given in a particular case.

(4)   

In this section—

25

“government policy on national security” means any current policy which

relates to national security and—

(a)   

has been published by or on behalf of Her Majesty’s

Government, or

(b)   

has been notified to the ONR by the Secretary of State;

30

“security guidance” means any guidance to which the ONR’s nuclear

security policy is relevant;

“the ONR’s nuclear security policy” means the ONR’s policy with respect

to the exercise of its functions, or the functions of inspectors, so far as

relevant to the nuclear security purposes.

35

(5)   

The Secretary of State may give a direction under subsection (2)(b) in relation

to a description of communication only if it appears to the Secretary of State—

(a)   

that—

(i)   

a communication of that description might contain security

guidance or information about the ONR’s nuclear security

40

policy, or

(ii)   

the ONR’s nuclear security policy might otherwise be relevant

to such a communication, and

(b)   

that such a communication might concern any matter to which any

government policy on national security relates.

45

 
 

 
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