Session 2012 - 13
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Report Stage Proceedings: 3 June 2013                  

61

 

Energy Bill, continued

 
 

(8)    

A person convicted of an offence under subsection (7) in England and

 

Wales or Scotland is liable—

 

(a)    

on conviction on indictment to imprisonment for a term not

 

exceeding 2 years, or a fine, or both;

 

(b)    

on summary conviction to imprisonment for a term not

 

exceeding 12 months, or a fine (in England and Wales) or a

 

fine not exceeding £20,000 (in Scotland), or both.

 

(9)    

A person convicted of an offence under subsection (7) in Northern

 

Ireland is liable—

 

(a)    

on conviction on indictment to imprisonment for a term not

 

exceeding 5 years, or a fine, or both;

 

(b)    

on summary conviction to imprisonment for a term not

 

exceeding 3 months, or a fine not exceeding the prescribed

 

sum, or both.

 

(10)    

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 to 12 months in

 

subsection (8)(b), as it has effect in England and Wales, is to be read

 

as a reference to 6 months.

 

(11)    

Subsection (1) is subject to section 47 of the Energy Act 2008

 

(prohibition in England and Wales and Northern Ireland on use of site

 

in absence of approved funded decommissioning programme).”

 

17         

For section 3 substitute—

 

“3      

Grant and variation of nuclear site licences

 

(1)    

A nuclear site licence—

 

(a)    

may be granted only to a body corporate;

 

(b)    

is not transferable.

 

(2)    

The appropriate national authority must consult the appropriate

 

environment authority before granting a nuclear site licence.

 

(3)    

Two or more installations in the vicinity of one another may, if the

 

appropriate national authority consider appropriate, be treated for the

 

purposes of the grant of a nuclear site licence as being on the same site.

 

(4)    

Subject to subsection (8), where an application is made for a nuclear

 

site licence, the appropriate national authority may direct the applicant

 

to serve a notice on any public authority specified in the direction.

 

(5)    

For this purpose “public authority” includes—

 

(a)    

in relation to a site in England or Wales, a water undertaker;

 

(b)    

in relation to a site in Scotland, Scottish Water;

 

(c)    

in relation to a site in Northern Ireland, a water undertaker

 

(within the meaning of the Water and Sewerage Services)

 

(Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)).

 

(6)    

Such a notice must—

 

(a)    

state that the application has been made,

 

(b)    

give such particulars about the proposed use of the site under

 

the licence as may be specified in the direction, and


 
 

Report Stage Proceedings: 3 June 2013                  

62

 

Energy Bill, continued

 
 

(c)    

state that the body on whom it is served may make

 

representations about the application to the appropriate

 

national authority within three months of the date of service.

 

(7)    

Where a direction has been given under subsection (4), the appropriate

 

national authority may not grant the licence unless it is satisfied that—

 

(a)    

three months have passed since the service of the last of the

 

notices required by the direction, and

 

(b)    

the authority has considered any representations made in

 

accordance with any of those notices.

 

(8)    

Subsection (4) does not apply in relation to an application in respect of

 

a site for a generating station where—

 

(a)    

a consent under section 36 of the Electricity Act 1989 is

 

required for the operation of the station (or would be required

 

but for an order under the Planning Act 2008 granting

 

development consent for the site), or

 

(b)    

a consent under Article 39 of the Electricity (Northern

 

Ireland) Order 1992 is required for the operation of the station.

 

(9)    

A nuclear site licence may include provision about when section 19(1)

 

is to start to apply in relation to the licensed site.

 

(10)    

But, if the licence relates to a site in England, Wales or Scotland, such

 

a provision may be included only with the consent of the Secretary of

 

State.

 

(11)    

Where a nuclear site licence includes such a provision, section 19(1)

 

does not apply in relation to the site until—

 

(a)    

the time determined in accordance with the provision, or

 

(b)    

if earlier, the time when the site is first used for the operation

 

of a nuclear installation after the grant of the licence.

 

(12)    

The appropriate national authority may from time to time vary a

 

nuclear site licence by excluding from it any part of the licensed site—

 

(a)    

which the licensee no longer needs for any use requiring such

 

a licence, and

 

(b)    

with respect to which the appropriate national authority is

 

satisfied that there is no danger from ionising radiations from

 

anything on that part of the site.

 

(13)    

The appropriate national authority must consult the appropriate

 

environment authority before varying a nuclear site licence if the

 

variation relates to or affects the creation, accumulation or disposal of

 

radioactive waste.

 

(14)    

In subsection (13), “radioactive waste”—

 

(a)    

in relation to a site in England or Wales, has the same meaning

 

as in the Environmental Permitting (England and Wales)

 

Regulations 2010 (S.I. 2010/675);

 

(b)    

in relation to a site in Scotland or Northern Ireland, has the

 

same meaning as in the Radioactive Substances Act 1993.”

 

18         

For section 4 substitute—

 

“4      

Attachment of conditions to licences

 

(1)    

The appropriate national authority—


 
 

Report Stage Proceedings: 3 June 2013                  

63

 

Energy Bill, continued

 
 

(a)    

must, when it grants a nuclear site licence, attach to it such

 

conditions as the authority considers necessary or desirable in

 

the interests of safety, and

 

(b)    

may attach such conditions to it at any other time.

 

(2)    

For the purposes of subsection (1), “safety” in relation to a nuclear site

 

includes—

 

(a)    

safety in normal circumstances, and

 

(b)    

safety in the event of any accident or other emergency on the

 

site.

 

(3)    

Conditions that may be attached to a licence by virtue of subsection (1)

 

may in particular include provision—

 

(a)    

for securing that an efficient system is maintained for

 

detecting and recording the presence and intensity of any

 

ionising radiations from time to time emitted from anything

 

on the site or from anything discharged on or from the site;

 

(b)    

with respect to the design, siting, construction, installation,

 

operation, modification and maintenance of any plant or other

 

installation on, or to be installed on, the site;

 

(c)    

with respect to preparations for dealing with, and measures to

 

be taken on the happening of, any accident or other emergency

 

on the site;

 

(d)    

without prejudice to sections 13 and 16 of the Radioactive

 

Substances Act 1993 or to the Environmental Permitting

 

(England and Wales) Regulations 2010 (S.I. 2010/675), with

 

respect to the discharge of any substance on or from the site.

 

(4)    

The appropriate national authority may at any time attach to a nuclear

 

site licence such conditions as the appropriate national authority may

 

consider appropriate with respect to the handling, treatment and

 

disposal of nuclear matter.

 

(5)    

The appropriate national authority may at any time vary or revoke any

 

condition for the time being attached to a nuclear site licence by virtue

 

of this section.

 

(6)    

The appropriate national authority must consult the appropriate

 

environment authority before—

 

(a)    

attaching any condition to a nuclear site licence, or

 

(b)    

varying or revoking any condition attached to a nuclear site

 

licence,

 

    

if the condition relates to or affects the creation, accumulation or

 

disposal of radioactive waste.

 

(7)    

In subsection (6) “radioactive waste”—

 

(a)    

in relation to a site in England or Wales, has the same meaning

 

as in the Environmental Permitting (England and Wales)

 

Regulations 2010 (S.I. 2010/675);

 

(b)    

in relation to a site in Scotland or Northern Ireland, has the

 

same meaning as in the Radioactive Substances Act 1993.

 

(8)    

Any power under this section to attach, vary or revoke a condition is

 

exercisable in writing.


 
 

Report Stage Proceedings: 3 June 2013                  

64

 

Energy Bill, continued

 
 

(9)    

The appropriate national authority must consider any representation

 

which is—

 

(a)    

made to it by an organisation representing persons who have

 

duties on a site in respect of which a nuclear site licence is in

 

force, and

 

(b)    

relates to the exercise by the authority of any of its powers

 

under this section in relation to the site.

 

(10)    

Where a condition attached to a nuclear site licence by virtue of this

 

section is contravened, each of the following is guilty of an offence—

 

(a)    

the licensee, and

 

(b)    

any person having duties upon the site in question who

 

committed the contravention.

 

(11)    

A person convicted of an offence under subsection (10) in England

 

and Wales or Scotland is liable—

 

(a)    

on conviction on indictment to imprisonment for a term not

 

exceeding 2 years, or a fine, or both;

 

(b)    

on summary conviction to imprisonment for a term not

 

exceeding 12 months, or a fine (in England and Wales) or a

 

fine not exceeding £20,000 (in Scotland), or both.

 

(12)    

A person convicted of an offence under subsection (10) in Northern

 

Ireland is liable—

 

(a)    

on conviction on indictment to imprisonment for a term not

 

exceeding 5 years, or a fine, or both;

 

(b)    

on summary conviction to imprisonment for a term not

 

exceeding 3 months, or a fine not exceeding the prescribed

 

sum, or both.

 

(13)    

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 to 12 months in

 

subsection (11)(b), as it has effect in England and Wales, is to be read

 

as a reference to 6 months.”

 

19         

For section 5 substitute—

 

“5      

Revocation and surrender of licences

 

(1)    

A nuclear site licence may at any time be—

 

(a)    

revoked by the appropriate national authority, or

 

(b)    

surrendered by the licensee.

 

(2)    

The appropriate national authority must consult the appropriate

 

environment authority before revoking a nuclear site licence.

 

(3)    

Subsections (4) to (6) apply where a nuclear site licence has been

 

revoked or surrendered.

 

(4)    

If the appropriate national authority requires it to do so, the licensee

 

must deliver up or account for the licence to such person as the

 

appropriate national authority may direct.

 

(5)    

During the remainder of the period of the licensee’s responsibility the

 

appropriate national authority may give the licensee such directions as

 

the authority may consider appropriate for preventing, or giving

 

warning of, any risk of—


 
 

Report Stage Proceedings: 3 June 2013                  

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Energy Bill, continued

 
 

(a)    

injury to any person, or

 

(b)    

damage to any property,

 

    

by ionising radiations from anything remaining on the site.

 

(6)    

A nuclear safety inspector may direct the licensee to ensure that,

 

during the remainder of the period of responsibility, notices indicating

 

the limits of the site are kept posted on the site in the positions

 

specified in the direction.

 

(7)    

For this purpose, “nuclear safety inspector” means an inspector

 

appointed—

 

(a)    

by the ONR under Schedule 8 to the Energy Act 2013, in the

 

case of a site in England, Wales or Scotland, or

 

(b)    

under section 24, in the case of a site in Northern Ireland.

 

(8)    

A licensee who contravenes any direction for the time being in force

 

under subsection (5) or (6) is guilty of an offence.

 

(9)    

A person who without reasonable cause pulls down, injures or defaces

 

any notice posted under subsection (6) is guilty of an offence.

 

(10)    

A person convicted of an offence under subsection (8) in England and

 

Wales or Scotland is liable—

 

(a)    

on conviction on indictment to imprisonment for a term not

 

exceeding 2 years, or a fine, or both;

 

(b)    

on summary conviction to imprisonment for a term not

 

exceeding 12 months, or a fine (in England and Wales) or a

 

fine not exceeding £20,000 (in Scotland), or both.

 

(11)    

A person convicted of an offence under subsection (8) in Northern

 

Ireland is liable—

 

(a)    

on conviction on indictment, to imprisonment for a term not

 

exceeding 12 months, or a fine, or both;

 

(b)    

on summary conviction, to imprisonment for a term not

 

exceeding 3 months, or a fine not exceeding the prescribed

 

sum, or both.

 

(12)    

A person convicted of an offence under subsection (9) is liable on

 

summary conviction—

 

(a)    

in England and Wales or Scotland, to a fine not exceeding

 

level 2 on the standard scale;

 

(b)    

in Northern Ireland, to a fine not exceeding level 1 on the

 

standard scale.

 

(13)    

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 to 12 months in

 

subsection (10)(b), as it has effect in England and Wales, is to be read

 

as a reference to 6 months.

 

(14)    

In this Act, “period of responsibility” in relation to the licensee under

 

a nuclear site licence means, as respects the site in question or any part

 

of it, the period—

 

(a)    

beginning with the grant of the licence, and

 

(b)    

ending with whichever of the dates in subsection (15) is the

 

earliest,


 
 

Report Stage Proceedings: 3 June 2013                  

66

 

Energy Bill, continued

 
 

    

except that it does not include any period during which section 19(1)

 

does not apply in relation to the site.

 

(15)    

Those dates are—

 

(a)    

the date when the appropriate national authority gives notice

 

in writing to the licensee that in the authority’s opinion there

 

has ceased to be any danger from ionising radiations from

 

anything on the site or, as the case may be, on the part of it in

 

question;

 

(b)    

the date when a new nuclear site licence in respect of a site

 

comprising the site in question or, as the case may be, that part

 

of it, is granted (whether to the same licensee or to some other

 

person);

 

(c)    

the date when the following conditions have both become

 

satisfied—

 

(i)    

the site in question or, as the case may be, that part of

 

it is used or occupied by or on behalf of the Crown,

 

and

 

(ii)    

a nuclear site licence has ceased to be required in

 

respect of that site or part.”

 

20         

For section 6 substitute—

 

“6      

Maintenance of list of licensed sites

 

(1)    

The appropriate authority must maintain a list showing every site in

 

respect of which a nuclear site licence has been granted.

 

(2)    

The list—

 

(a)    

need not show any site or part of a site in the case of which—

 

(i)    

no nuclear site licence is for the time being in force;

 

and

 

(ii)    

30 years have passed since the end of the last

 

licensee’s period of responsibility;

 

(b)    

must include a map or maps showing the position and limits

 

of each site shown in the list.

 

(3)    

The authority must arrange for the list, or a copy of it, to be available

 

for inspection by the public.

 

(4)    

In this section “appropriate authority” means—

 

(a)    

in relation to England and Wales and Northern Ireland, the

 

Secretary of State;

 

(b)    

in relation to Scotland, the Scottish Ministers.”

 

20A      

In section 19(1) (special cover for licensee’s liability), for “section 3(5)”

 

substitute “section 3(11)”.

 

20B      

For section 22 (reporting of and inquiries into dangerous occurrences)

 

substitute—

 

“22    

Reporting of and inquiries into dangerous occurrences

 

(1)    

The provisions of this section apply where any prescribed occurrence

 

happens—

 

(a)    

on a licensed site, or

 

(b)    

in the course of the carriage of nuclear matter on behalf of any

 

person where a duty with respect to that carriage is imposed

 

on that person by section 7, 10 or 11 of this Act.


 
 

Report Stage Proceedings: 3 June 2013                  

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Energy Bill, continued

 
 

(2)    

The licensee or other person mentioned in subsection (1) must ensure

 

that the occurrence is reported without delay in the prescribed

 

manner—

 

(a)    

to the appropriate national authority, and

 

(b)    

to such other persons, if any, as may be prescribed in relation

 

to occurrences of that kind.

 

(3)    

A person who is required by virtue of subsection (2) to report an

 

occurrence and who fails to do so is guilty of an offence.

 

(4)    

A person convicted of an offence under subsection (3) in England and

 

Wales or Scotland is liable—

 

(a)    

on conviction on indictment to imprisonment for a term not

 

exceeding 2 years, or a fine, or both;

 

(b)    

on summary conviction to imprisonment for a term not

 

exceeding 12 months, or a fine (in England and Wales) or a

 

fine not exceeding £20,000 (in Scotland), or both.

 

(5)    

A person convicted of an offence under subsection (3) in Northern

 

Ireland is liable on summary conviction to imprisonment for a term not

 

exceeding 3 months, or a fine not exceeding level 3 on the standard

 

scale, or both.

 

(6)    

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 to 12 months in

 

subsection (4)(b), as it has effect in England and Wales, is to be read

 

as a reference to 6 months.

 

(7)    

Before exercising any function under subsection (1) or (2) in or as

 

regards Scotland, the Secretary of State must consult the Scottish

 

Ministers.

 

(8)    

Subsections (9) to (11) have effect only in relation to a prescribed

 

occurrence which happens in Northern Ireland.

 

(9)    

The Secretary of State—

 

(a)    

may direct an inspector to make a special report with respect

 

to the occurrence, and

 

(b)    

may cause any such report, or so much of it as it is not in the

 

Secretary of State’s opinion inconsistent with the interests of

 

national security to disclose, to be made public at such time

 

and in such manner as the Secretary of State considers

 

appropriate.

 

(10)    

The Secretary of State may direct an inquiry to be held into the

 

occurrence and its causes, circumstances and effects.

 

(11)    

Any such inquiry must be held—

 

(a)    

in accordance with the provisions of Schedule 2 to this Act,

 

and

 

(b)    

in public, except where or to the extent that it appears to the

 

Secretary of State expedient in the interests of national

 

security to direct otherwise.”.’.


 
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