Energy Bill (HL Bill 30)

(e) inspection;

(f) alteration or adjustment;

(g) dismantling and decommissioning.

Research

5 5Requiring research to be carried out in connection with any activity
mentioned in paragraph 4.

Import etc

6 (1) Regulating or prohibiting the import of things of specified descriptions into
the United Kingdom.

(2) 10For this purpose “import” includes landing and unloading.

(3) Where an act or omission could constitute an offence—

(a) under a provision of nuclear regulations made by virtue of sub-
paragraph (1), and

(b) under a provision of the Customs and Excise Acts 1979,

15specifying the provision under which the offence is to be punished.

Transport

7 Imposing requirements about how any radioactive material may be
transported, including requirements about construction, testing and
marking of packages or containers.

20Licences and approvals

8 (1) Prohibiting any specified activity except—

(a) as permitted by virtue of a licence, or

(b) with the consent or approval of a specified authority.

(2) Providing for the grant, renewal, variation, transfer and revocation of
25licences (including the variation and revocation of conditions attached to
licences).

Appointment of persons to carry out specified functions

9 (1) Requiring, in specified circumstances, the appointment (whether in a
specified capacity or not) of persons to perform specified functions.

(2) 30Imposing duties or conferring powers on persons appointed (whether in
pursuance of the regulations or not) to perform specified functions.

(3) Imposing requirements with respect to the qualifications or experience, or
both, of persons—

(a) appointed pursuant to a requirement imposed by virtue of sub-
35paragraph (1), or

(b) performing specified functions.

Restrictions on employment

10 Regulating or prohibiting the employment in specified circumstances of—

(a) all persons, or

(b) persons of a specified description.

Instruction, training and supervision etc.

11 Imposing requirements with respect to the instruction, training and
5supervision of persons at work.

Registration, notification and records

12 Requiring any person, premises or thing to be registered—

(a) in any specified circumstances, or

(b) as a condition of doing any specified activity.

13 (1) 10Requiring, in specified circumstances, specified matters to be notified in a
specified manner to specified persons.

(2) Specifying any power, to be exercisable by any inspector who may be
authorised to exercise it by the instrument of appointment, in specified
circumstances to require persons to provide information about measures
15they propose to take in order to comply with any of the relevant statutory
provisions.

14 Imposing requirements with respect to making and keeping of records and
other documents, including plans and maps.

Accidents and other occurrences

15 20Securing that persons in premises of any specified description where
persons work leave the premises in specified circumstances.

16 Restricting, prohibiting or requiring any specified activity where any
accident or other occurrence of a specified kind has occurred.

Section 66

SCHEDULE 7 25The Office for Nuclear Regulation

Status

1 (1) The ONR is not to be regarded as a servant or agent of the Crown or as
enjoying any status, immunity or privilege of the Crown.

(2) The ONR’s property is not to be regarded as the property of, or property
30held on behalf of, the Crown.

Membership

2 (1) The ONR is to consist of—

(a) not more than 4 executive members, who are employees of the ONR,
and

(b) 35not more than 7 non-executive members, who are not members of the
ONR’s staff.

(2) References in this Part of this Act to members of the ONR’s staff are to
persons who—

(a) are employees of the ONR, or

(b) have been seconded to it.

3 5The executive members consist of—

(a) the Chief Nuclear Inspector,

(b) the Chief Executive Officer, and

(c) not more than 2 other members (or not more than 3 other members,
if the Chief Nuclear Inspector and the Chief Executive Officer are the
10same person) appointed by the ONR.

4 (1) The non-executive members consist of—

(a) a chair appointed by the Secretary of State,

(b) the member (if any) appointed under sub-paragraph (4), and

(c) not more than 5 other members appointed by the Secretary of State.

(2) 15The Secretary of State must, so far as practicable, ensure that at any given
time there are no fewer than 5 non-executive members of the ONR.

(3) One non-executive member must have experience of, or expertise in, matters
relevant to the ONR’s nuclear security purposes.

(4) The Health and Safety Executive may—

(a) 20appoint a non-executive member from among the members of the
Health and Safety Executive (an “HSE member”), or

(b) authorise the Secretary of State to appoint a non-executive member.

(5) The Health and Safety Executive must notify the ONR and the Secretary of
State whenever it appoints an HSE member.

5 25Service as a member of the ONR is not service in the civil service of the State,
but this is subject to paragraph 6.

6 Members of the ONR are to be regarded as Crown servants for the purposes
of the Official Secrets Act 1989.

Terms of appointment

7 30Subject to the following provisions of this Schedule, members of the ONR
hold and vacate office in accordance with the terms of their respective
appointments.

8 (1) The terms of a person’s appointment as an executive member are to be
determined by the ONR.

(2) 35The terms of a person’s appointment as a non-executive member, other than
an HSE member, are to be determined by the Secretary of State.

(3) The terms of a person’s appointment as an HSE member are to be
determined by the Health and Safety Executive.

9 (1) An executive member—

(a) 40ceases to be a member of the ONR upon ceasing to be an employee
of the ONR, and

(b) may at any time resign from office by notice to the ONR.

(2) A person who is—

(a) the Chief Nuclear Inspector, or

(b) the Chief Executive Officer,

ceases to be a member of the ONR on ceasing to hold that appointment
5(unless the person was appointed as both Chief Nuclear Inspector and Chief
Executive Officer and continues to hold one of those appointments).

(3) A non-executive member other than an HSE member—

(a) ceases to be a member of the ONR upon becoming a member of the
ONR’s staff, and

(b) 10may at any time resign from office by notice to the Secretary of State.

(4) An HSE member—

(a) ceases to be a member of the ONR upon ceasing to be a member of
the Health and Safety Executive, and

(b) may at any time resign from office by notice to the Health and Safety
15Executive.

10 (1) The Secretary of State may by notice remove any non-executive member,
other than an HSE member, from office.

(2) A notice may not be given under sub-paragraph (1) unless at least one of the
conditions in sub-paragraph (3) or (4) is met.

(3) 20The conditions in this sub-paragraph are that the member—

(a) has been absent from meetings of the ONR for a period longer than
6 months without the permission of the ONR;

(b) is an undischarged bankrupt or has had his or her estate sequestrated
without being discharged;

(c) 25is a person in relation to whom a moratorium period under a debt
relief order applies;

(d) is subject to a bankruptcy restrictions order or an interim bankruptcy
restrictions order;

(e) is subject to a debt relief restrictions order or an interim debt relief
30restrictions order;

(f) has made an arrangement with his or her creditors, or has entered
into a trust deed for creditors, or has made a composition contract
with his or her creditors;

(g) is subject to a disqualification order or a disqualification undertaking
35under the Company Directors Disqualification Act 1986 or
equivalent legislation in Northern Ireland;

(h) has been convicted of a criminal offence (but this does not apply in
relation to any conviction which is a spent conviction for the
purposes of the Rehabilitation of Offenders Act 1974 or the
40Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/
1908 (N.I. 27))).

(4) The conditions in this sub-paragraph are that the Secretary of State is
satisfied that the member—

(a) has a financial or other interest that is likely to affect prejudicially the
45carrying out of his or her functions as a member of the ONR;

(b) has been guilty of misbehaviour;

(c) is otherwise incapable of carrying out, or unfit to carry out, the
functions of his or her office.

(5) The Health and Safety Executive may by notice remove an HSE member
from office.

(6) The Health and Safety Executive must notify the ONR and the Secretary of
State whenever an HSE member—

(a) 5ceases to be a member of the Health and Safety Executive,

(b) resigns from office, or

(c) is removed from office.

(7) In sub-paragraph (3) “debt relief order”, “debt relief restrictions order” and
“interim debt relief restrictions order” mean the orders of those names made
10under—

(a) Part 7A of the Insolvency Act 1986, or

(b) Part 7A of the Insolvency (Northern Ireland) Order 1989.

Remuneration, allowances and pensions etc of non-executive members

11 (1) The ONR may pay to non-executive members other than an HSE member
15such remuneration as the Secretary of State may determine.

(2) The ONR may pay to or in respect of the non-executive members such sums
as the Secretary of State may determine by way of allowances and expenses.

(3) The ONR may pay, or make provision for paying, to or in respect of the non-
executive members other than an HSE member, such sums as the Secretary
20of State may determine in respect of pensions or gratuities.

(4) Where—

(a) a person ceases, otherwise than on the expiry of his or her term of
office, to be a non-executive member other than an HSE member, and

(b) it appears to the ONR that there are special circumstances that make
25it right for that person to receive compensation,

the ONR may pay the person such amount by way of compensation as the
Secretary of State may determine.

(5) Where—

(a) a non-executive member appointed under paragraph 2(3A) of
30Schedule 2 to the 1974 Act to be a member of the Health and Safety
Executive (the “ONR member of the HSE”)—

(i) ceases to be the ONR member of the HSE otherwise than on
the expiry of his or her term of office as ONR member of the
HSE, but

(ii) 35does not cease to be a non-executive member of the ONR, and

(b) it appears to the ONR that there are special circumstances that make
it right for that person to receive compensation,

the ONR may make pay the person such amount by way of compensation as
the Secretary of State may determine.

40Employees and other members of staff

12 (1) The ONR may appoint persons to serve as its employees.

(2) A person appointed to serve as an employee of the ONR is to be employed
on such terms and conditions, including terms and conditions as to
remuneration, as the ONR may determine.

(3) One employee of the ONR is to be appointed as the Chief Nuclear Inspector.

(4) One employee of the ONR is to be appointed as the Chief Executive Officer.

(5) The appointment of the Chief Nuclear Inspector or the Chief Executive
Officer also requires the approval of the Secretary of State.

(6) 5A person may be both the Chief Nuclear Inspector and the Chief Executive
Officer.

(7) The ONR may make arrangements for persons to be seconded to the ONR
to serve as members of the ONR’s staff.

(8) A period of secondment to the ONR does not affect the continuity of a
10person’s employment with the employer from whose service he or she is
seconded.

13 (1) The ONR may pay to or in respect of an employee sums by way of or in
respect of allowances, expenses, pensions, gratuities or compensation for
loss of employment.

(2) 15The ONR may pay to or in respect of a person seconded to it sums by way
of or in respect of allowances, expenses, pensions or gratuities.

(3) An executive member may not take part in the determination of the amount
of any remuneration, allowance, expense, pension, gratuity or compensation
payable to or in respect of him or her.

14 (1) 20Service as an employee of the ONR is not service in the civil service of the
State.

(2) A person employed in the civil service of the State continues to be employed
in the civil service of the State during any period of secondment to the ONR.

(3) Members of the ONR’s staff are to be regarded as Crown servants for the
25purposes of the Official Secrets Act 1989.

(4) Employment by the ONR is not Crown employment for the purposes of the
Trade Union and Labour Relations (Consolidation) Act 1992 (see section 273
of that Act).

15 (1) The persons to whom section 1 of the Superannuation Act 1972 (persons to
30or in respect of whom benefits may be provided by schemes under that
section) applies are to include the employees of the ONR.

(2) Accordingly, in Schedule 1 to that Act (employment to which
superannuation schemes may extend), in the list of other bodies, at the
appropriate place insert—

• 35“Office for Nuclear Regulation.”

(3) The ONR must pay to the Minister for the Civil Service, at such times as that
Minister may direct, such sums as that Minister may determine in respect of
the increase attributable to sub-paragraph (1) in the sums payable out of
money provided by Parliament under that Act.

40Committees

16 (1) The ONR may establish committees, and any committee may establish sub-
committees.

(2) The members of a committee may include persons who are not members of
the ONR or the ONR’s staff (and the members of a sub-committee of a
committee may include persons who are not members of the committee or
members of the ONR or the ONR’s staff).

(3) 5The ONR may make arrangements for the payment of such remuneration,
allowances and expenses as it considers appropriate to any person who—

(a) is a member of a committee or sub-committee, but

(b) is not a member of the ONR or of the ONR’s staff.

(4) Payments made by the ONR under sub-paragraph (3) are to be of such
10amounts as may be determined by the Secretary of State.

Procedure

17 (1) The ONR may make such provision as it considers appropriate to regulate—

(a) its own proceedings (including quorum), and

(b) the proceedings (including quorum) of its committees and sub-
15committees.

(2) The ONR may, to any extent, permit any of its committees and sub-
committees to regulate their own proceedings (including quorum).

(3) The validity of any proceedings of the ONR is not affected by any vacancy
among the members or by any defect in the appointment of a member.

(4) 20The ONR must from time to time publish a summary of its rules and
procedures.

Performance of functions

18 (1) The ONR may authorise—

(a) a member of the ONR,

(b) 25a member of the ONR’s staff,

(c) a health and safety inspector, or

(d) a committee of the ONR,

to do anything required or authorised to be done by the ONR (and such
authorisation may include authorisation to exercise the power conferred on
30the ONR by this paragraph).

(2) The ONR must give an authorisation or authorisations under this paragraph
in respect of all its functions which consist of the exercise of a regulatory
function in a particular case.

(3) Only the following may be authorised under this paragraph to do anything
35in the exercise of a regulatory function in a particular case—

(a) a member of the ONR’s staff;

(b) a health and safety inspector;

(c) a committee of the ONR of which every member is a member of the
ONR’s staff or a health and safety inspector.

(4) 40An authorisation under this paragraph—

(a) may be general or specific;

(b) does not affect the ability of the ONR to exercise the function in
question.

(5) Any authorisations given by the ONR under this paragraph must be in
writing.

(6) 5The ONR must publish any authorisations which it gives under this
paragraph.

Payment of allowances and expenses

19 The ONR may pay allowances or expenses to any person in connection with
the performance of any of its functions.

10Indemnities

20 (1) The ONR may, in the circumstances specified in sub-paragraph (2),
indemnify persons who are ONR officers against all or any part of any
liability which they incur in the execution, or purported execution, of their
functions as such ONR officers.

(2) 15Those circumstances are that the ONR is satisfied that the person in question
honestly believed that the act giving rise to the liability—

(a) was within the person’s relevant powers, and

(b) was one that the person was required or entitled to do by virtue of
the person’s position as an ONR officer.

(3) 20Sub-paragraph (1)—

(a) applies only so far as the ONR is not otherwise required to indemnify
ONR officers, and

(b) is not to be taken to affect any other powers that the ONR has to
indemnify its members or members of staff or persons appointed by
25it.

(4) In this paragraph—

• “liability” includes damages, costs and expenses (and a reference to
  liability incurred by a person includes a reference to any such sums
  which the person is ordered to pay);

• 30“ONR officer” means—

  (a)

  an inspector appointed under Schedule 8;

  (b)

  an enforcing officer appointed by the ONR under section
  61(3) of the Fire (Scotland) Act 2005 (asp. 5)2005 (asp. 5) (enforcing
  authorities);

  (c)

  35an inspector appointed by the ONR under article 26(1) of the
  Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541S.I. 2005/1541)
  (enforcement of Order);

  (d)

  a member of staff of the ONR who is authorised by the
  Secretary of State under section 4(2)(b) of the Employers’
  40Liability (Compulsory Insurance) Act 1969 (certificates of
  insurance);

• “relevant powers”—

  (a)

  in relation to a person within paragraph (a), (b) or (c) of the
  definition of “ONR officer”, means the powers which the
  45person has in the capacity of an inspector or enforcing officer
  of the kind in question;

  Energy BillPage 138

  (b)

  in relation to a person within paragraph (d) of that definition
  means the person’s powers under the Employers’ Liability
  (Compulsory Insurance) Act 1969.

Accounts

21 (1) 5It is the duty of the ONR—

(a) to keep proper accounts and proper records in relation to the
accounts;

(b) to prepare in respect of each financial year a statement of accounts in
such form as the Secretary of State, with the approval of the
10Treasury, may direct;

(c) to send copies of the statement to the Secretary of State and the
Comptroller and Auditor General before the end of November next
following the financial year to which the statement relates.

(2) The Comptroller and the Auditor General must examine, certify and report
15on the statement and must lay copies of the statement and of the report on it
before Parliament.

Strategy

22 (1) The ONR must prepare a strategy for carrying out its functions, including
any general priorities it will apply, or principal objectives to which it will
20have regard, in carrying out its functions.

(2) The ONR must act in accordance with its strategy, or any revision of it,
approved under sub-paragraph (7).

(3) Before preparing or revising its strategy the ONR must consult such persons
as it considers it appropriate to consult.

(4) 25The first proposal for the ONR’s strategy must be submitted to the Secretary
of State within 8 months beginning with the day on which this paragraph
comes into force.

(5) The ONR—

(a) may review its strategy at any time, and

(b) 30must do so—

(i) within 5 years beginning with the day on which its strategy
is first published, and

(ii) within 5 years beginning with the most recent review of its
strategy.

(6) 35The ONR—

(a) may revise its strategy following a review under sub-paragraph (5),
and

(b) must submit any revision of its strategy to the Secretary of State.

(7) The Secretary of State may approve the ONR’s strategy, or any revision of it,
40with or without modifications.

(8) The Secretary of State must consult the ONR before approving with
modifications the ONR’s strategy or any revision of it.

Annual plan

23 (1) The ONR—

(a) must prepare, for each financial year, a plan for the performance
during that year of its functions (“the annual plan”), and

(b) 5may revise the annual plan.

(2) The ONR must take all reasonable steps to act in accordance with the annual
plan, or any revision of it, approved under sub-paragraph (4).

(3) The ONR must submit the proposed annual plan and any revision of it to the
Secretary of State.

(4) 10The Secretary of State may approve the annual plan and any revision of it
with or without modifications.

(5) The Secretary of State must consult the ONR before approving with
modifications the ONR’s annual plan or any revision of it.

Reporting requirements of the ONR

24 (1) 15As soon as reasonably practicable after the end of each financial year, the
ONR must make a report to the Secretary of State on the performance of the
ONR’s functions during the year.

(2) The report for a financial year must contain—

(a) a general description of what the ONR has done in the exercise of its
20functions during the year,

(b) a description of how, and the extent to which, what the ONR has
done during the year has enabled it to—

(i) act in accordance with its strategy in force during the year,
and

(ii) 25meet any objectives set out in its annual plan, and

(c) a description of any relevant services provided by the ONR during
the year to any person, whether or not in the United Kingdom, under
section 79(2) (provision of services or facilities).

Laying and publication

25 (1) 30This paragraph applies to—

(a) the ONR’s strategy, and any revision of it, approved under
paragraph 22(7),

(b) the ONR’s annual plan, and any revision of it, approved under
paragraph 23(4), and

(c) 35a report made to the Secretary of State under paragraph 24.

(2) The documents mentioned in sub-paragraph (1) are referred to in this
paragraph as “relevant documents”.

(3) The Secretary of State must lay a copy of each relevant document before
Parliament, together with a statement as to whether any matter has been
40excluded from that copy in accordance with sub-paragraph (4).

(4) If it appears to the Secretary of State, after consultation with the ONR, that
the publication of any matter in a relevant document would be contrary to