Energy Bill

House of Commons

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Energy Bill

Energy Bill
Part 3 — Nuclear Regulation
Chapter 4 — Functions of the ONR
67

(6)
The Secretary of State may give the ONR a general consent in relation to the
issue of a particular description of communication which would otherwise fall
within subsection (2)(a).
(7)
If the Secretary of State has given such a general consent, the ONR need not
seek the Secretary of State’s particular consent in relation to the issue of a
5
communication of that description unless directed by the Secretary of State to
do so.
78
Power to arrange for exercise of functions by others
(1)
If the condition in subsection (2) is satisfied, the ONR may make arrangements
with a government department or other person for that department or person
10
to perform any of the ONR’s functions, with or without payment.
(2)
That condition is that the Secretary of State considers that the function or
functions in question can appropriately be performed by the government
department or other person.
79
Co-operation between ONR and Health and Safety Executive
15
(1)
The Health and Safety Executive and the ONR must enter into and maintain
arrangements with each other for securing co-operation and the exchange of
information in connection with the carrying out of any of their functions.
(2)
The Health and Safety Executive and the ONR must—
(a)
review the arrangements from time to time, and
20
(b)
revise them when they consider it appropriate to do so.
Information etc
80
Power to obtain information
(1)
The ONR may by notice require a person to provide information which the
ONR needs for carrying out its functions.
25

This is subject to subsection (4).
(2)
A notice may require information to be provided—
(a)
in a specified form or manner;
(b)
at a specified time;
(c)
in respect of a specified period.
30
(3)
In particular, a notice may require the person to whom it is given to make
returns to the ONR containing information about matters specified in the
notice at times or intervals so specified.
(4)
No notice may be given under this section which imposes a requirement which
could be imposed by a notice served by the ONR under section 2 of the Nuclear
35
Safeguards Act 2000 (information and records for purposes of the Additional
Protocol).
(5)
It is an offence to refuse or fail to comply with a notice under this section.
(6)
A person who commits an offence under this section is liable—
(a)
on summary conviction, to a fine not exceeding the statutory
40
maximum, or

Energy Bill
Part 3 — Nuclear Regulation
Chapter 4 — Functions of the ONR
68

(b)
on conviction on indictment, to a fine.
81
Powers of HMRC in relation to information
(1)
The Commissioners for Her Majesty’s Revenue and Customs may disclose
information about imports to—
(a)
the ONR,
5
(b)
an inspector, or
(c)
a health and safety inspector,

for the purpose of facilitating the ONR, inspector or health and safety inspector
to carry out any function.
(2)
For this purpose, “information about imports” means information obtained or
10
held by the Commissioners for the purposes of the exercise of their functions
in relation to imports.
(3)
Information may be disclosed to the ONR, an inspector or a health and safety
inspector under subsection (1) whether or not the disclosure of the information
has been requested by or on behalf of the ONR, inspector or health and safety
15
inspector.
82
HMRC power to seize articles etc to facilitate ONR and inspectors
(1)
An officer of Revenue and Customs may seize any imported article or
substance and detain it for the purpose of facilitating the ONR or an inspector
to carry out any function under the relevant statutory provisions.
20
(2)
It is an offence for a person intentionally to obstruct an officer of Revenue and
Customs in the exercise of powers under subsection (1).
(3)
A person who commits an offence under subsection (2) is liable on summary
conviction—
(a)
to imprisonment for a term not exceeding 51 weeks (in England and
25
Wales), 12 months (in Scotland) or 6 months (in Northern Ireland),
(b)
to a fine not exceeding level 5 on the standard scale, or
(c)
to both.
(4)
In relation to an offence committed before the commencement of section 281(5)
of the Criminal Justice Act 2003 (alteration of penalties for summary offences),
30
the reference in subsection (3)(a), as it has effect in England and Wales, to 51
weeks is to be read as a reference to 6 months.
(5)
Anything seized and detained under subsection (1)—
(a)
must not be detained for more than 2 working days, and
(b)
must be dealt with during the period of detention in such manner as the
35
Commissioners for Her Majesty’s Revenue and Customs may direct.
(6)
In subsection (5), the reference to 2 working days is a reference to the period of
48 hours beginning when the article or substance in question is seized but
disregarding any time falling on a Saturday or Sunday, or on Good Friday or
Christmas Day or on a day which is a bank holiday in the part of the United
40
Kingdom where it is seized.

Energy Bill
Part 3 — Nuclear Regulation
Chapter 4 — Functions of the ONR
69

83
Disclosure of information
Schedule 9 (disclosure of information) has effect.
Fees
84
Fees
(1)
The Secretary of State may by regulations provide for fees to be payable for, or
5
in connection with, the performance of any of the following functions
(whenever conferred)—
(a)
any function of the ONR or an inspector under any of the relevant
statutory provisions;
(b)
any function of the ONR under regulations under section 80 of the
10
Anti-terrorism, Crime and Security Act 2001 (prohibition of disclosures
of uranium enrichment technology);
(c)
any function of any other person under any of the relevant statutory
provisions.
(2)
The amount of any fee under regulations under this section must be—
15
(a)
specified in the regulations, or
(b)
determined by or in accordance with the regulations.
(3)
Regulations under this section may provide for the amounts of fees to be
different in different cases and, in particular, for fees in respect of the same
function to be of different amounts in different circumstances.
20
(4)
Regulations under this section may not provide for a fee to be payable by
anyone in the capacity of—

an employee,

a person seeking employment,

a person training for employment, or
25

a person seeking training for employment.
(5)
For the purposes of subsection (4)—
(a)
“employee” and “employment” have the same meanings as in Part 1 of
the 1974 Act, and
(b)
an industrial rehabilitation course provided by virtue of the
30
Employment and Training Act 1973 is to be treated as training for
employment.
(6)
Before making regulations under subsection (1), the Secretary of State must
consult—
(a)
the ONR, and
35
(b)
such other persons (if any) as the Secretary of State considers it
appropriate to consult.
(7)
Subsection (6)(a) does not apply if the regulations give effect, without
modification, to any proposals submitted by the ONR under section
64(1)(a)(iii).
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Energy Bill
Part 3 — Nuclear Regulation
Chapter 5 — Supplementary
70

Chapter 5
Supplementary
General duties of employers, employees and others
85
General duty of employees at work in relation to requirements imposed on
others
5
(1)
Every employee, while at work, must co-operate with any person (whether or
not the employer) on whom a requirement is imposed by or under any relevant
provision so far as necessary to enable the requirement to be complied with.
(2)
Failure to comply with the duty in subsection (1) is an offence.
(3)
A person who commits an offence under subsection (2) is liable—
10
(a)
on summary conviction—
(i)
to imprisonment for a term not exceeding 12 months (in
England and Wales or Scotland) or 6 months (in Northern
Ireland),
(ii)
to a fine not exceeding the statutory maximum, or
15
(iii)
to both;
(b)
on conviction on indictment—
(i)
to imprisonment for a term not exceeding 2 years,
(ii)
to a fine, or
(iii)
to both.
20
(4)
In the application of subsection (3) to England and Wales in relation to an
offence committed before the commencement of section 154(1) of the Criminal
Justice Act 2003 (general limit on magistrates’ court’s power to imprison), the
reference in subsection (3)(a)(i) to 12 months is to be read as a reference to 6
months.
25
(5)
In this section—
(a)
“employee” and “employer” have the same meanings as in Part 1 of the
1974 Act (see sections 52 and 53(1) of that Act), and
(b)
“relevant provision” means any of the relevant statutory provisions
other than—
30
(i)
any provision of the Nuclear Safeguards Act 2000,
(ii)
any provision of nuclear regulations which is identified under
section 58(9) as having been made solely for the nuclear
safeguards purposes.
86
Duty not to interfere with or misuse certain things provided under statutory
35
requirements
(1)
It is an offence intentionally or recklessly to interfere with or misuse anything
provided in the interests of health, safety or welfare in pursuance of any of the
relevant statutory provisions.
(2)
A person who commits an offence under this section is liable—
40
(a)
on summary conviction—

Energy Bill
Part 3 — Nuclear Regulation
Chapter 5 — Supplementary
71

(i)
to imprisonment for a term not exceeding 12 months (in
England and Wales or Scotland) or 6 months (in Northern
Ireland),
(ii)
to a fine not exceeding £20,000, or
(iii)
to both;
5
(b)
on conviction on indictment—
(i)
to imprisonment for a term not exceeding 2 years,
(ii)
to a fine, or
(iii)
to both.
(3)
In relation to an offence committed before the commencement of section 154(1)
10
of the Criminal Justice Act 2003 (general limit on magistrates’ court’s powers
to imprison), the reference in subsection (2)(a)(i), as it has effect in England and
Wales, to 12 months is to be read as a reference to 6 months.
87
Duty not to charge employees for certain things
(1)
It is an offence for an employer to impose a charge, or allow a charge to be
15
imposed, on an employee in respect of anything done or provided in
pursuance of a specific requirement imposed by or under any relevant
provision.
(2)
A person who commits an offence under this section is liable—
(a)
on summary conviction to a fine not exceeding £20,000;
20
(b)
on conviction on indictment, to a fine.
(3)
In this section—
(a)
“employer” and “employee” have the same meanings as in Part 1 of the
1974 Act (see section 53(1) of that Act), and
(b)
“relevant provision” has the same meaning as in section 85.
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Offences
88
Offences relating to false information and deception
(1)
It is an offence for a person—
(a)
to make a statement which the person knows to be false, or
(b)
recklessly to make a statement which is false,
30

in the circumstances mentioned in subsection (2).
(2)
Those circumstances are where the statement is made—
(a)
in purported compliance with any requirement to provide information
imposed by or under any of the relevant statutory provisions, or
(b)
for the purposes of obtaining the issue of a document under any of the
35
relevant statutory provisions (whether for the person making the
statement or anyone else).
(3)
It is an offence for a person—
(a)
intentionally to make a false entry in a relevant document, or
(b)
with intent to deceive, to make use of any such entry which the person
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knows to be false.

Energy Bill
Part 3 — Nuclear Regulation
Chapter 5 — Supplementary
72

(4)
In subsection (3) “relevant document” means any register, record, notice or
other document which is required to be kept or given by or under any of the
relevant statutory provisions.
(5)
It is an offence for a person, with intent to deceive—
(a)
to use a relevant document,
5
(b)
to make or have possession of a document so closely resembling a
relevant document as to be calculated to deceive.
(6)
In subsection (5) “relevant document” means a document—
(a)
issued or authorised to be issued under any of the relevant statutory
provisions, or
10
(b)
required for the purpose of any of those provisions.
(7)
A person who commits an offence under this section is liable—
(a)
on summary conviction—
(i)
to imprisonment for a term not exceeding 12 months (in
England and Wales or Scotland) or 6 months (in Northern
15
Ireland),
(ii)
to a fine not exceeding £20,000, or
(iii)
to both;
(b)
on conviction on indictment—
(i)
to imprisonment for a term not exceeding 2 years,
20
(ii)
to a fine, or
(iii)
to both.
(8)
In relation to an offence committed before the commencement of section 154(1)
of the Criminal Justice Act 2003 (general limit on magistrates’ court’s powers
to imprison), the reference in subsection (7)(a)(i), as it has effect in England and
25
Wales, to 12 months is to be read as a reference to 6 months.
89
Provision relating to offences under certain relevant statutory provisions
(1)
Schedule 10 (provision relating to offences under certain relevant statutory
provisions) has effect.
(2)
That Schedule contains provision about the following matters—
30
(a)
the place where an offence involving plant or a substance may be
treated as having been committed;
(b)
the extension of time for bringing summary proceedings in certain
cases;
(c)
the continuation of offences;
35
(d)
where an offence committed by one person is due to the act or default
of another person, the liability of that other person;
(e)
offences by bodies corporate or partnerships;
(f)
restrictions on the persons who may institute proceedings in England
and Wales;
40
(g)
powers of inspectors to prosecute offences;
(h)
the burden of proof in certain cases relating to what is practicable or
what are the best means for doing something;
(i)
reliance on entries in a register or other document as evidence;
(j)
power of the court to order a defendant to take remedial action.
45