Energy Bill (HL Bill 30)

(3) In subsection (2)—

(a) before paragraph (a) insert—

“(za) make the Office for Nuclear Regulation responsible
for the enforcement of the relevant statutory
5provisions to such extent as may be prescribed (and
may in particular provide for any site or matter in
relation to which the Office for Nuclear Regulation is
made so responsible to be determined by the
Secretary of State or the Office for Nuclear Regulation
10under the regulations);”;

(b) in paragraph (b), before sub-paragraph (i) insert—

“(zi) transferred from the Executive or local
authorities to the Office for Nuclear
Regulation, or from the Office for Nuclear
15Regulation to the Executive or local
authorities;”;

(c) in paragraph (b)(ii)—

(i) after “Executive” insert “, to the Office for Nuclear
Regulation”;

(ii) 20after “by virtue of” insert “subsection (1A) or”;

(d) in paragraph (b), after sub-paragraph (ii) insert—

“(iii) assigned to the Office of Rail
Regulation or the Office for Nuclear
Regulation for the purpose of
25removing any uncertainty as to what
are by virtue of any of the relevant
statutory provisions their respective
responsibilities for the enforcement of
any of those provisions;”.

(4) 30After subsection (3) insert—

“(3A) Regulations under subsection (2)(a) may not make local authorities
enforcing authorities in relation to any site in relation to which the
Office for Nuclear Regulation is an enforcing authority.

(3B) Where the Office for Nuclear Regulation is, by or under subsection
35(1A) or (2), made responsible for the enforcement of any of the
relevant statutory provisions to any extent, it must make adequate
arrangements for the enforcement of those provisions to that extent.”

(5) In subsection (5) in the opening words, after “the Executive” insert “, the
Office for Nuclear Regulation”.

(6) 40In subsection (7), in the words following paragraph (b)—

(a) after “section 13” insert “of this Act or section 83 of the Energy Act
2013 (power for Office for Nuclear Regulation to arrange for exercise
of functions by others)”;

(b) after “the Executive” (in the first and third places) insert “or the
45Office for Nuclear Regulation”;

(c) after “the Executive” (in the second place) insert “or the Office for
Nuclear Regulation (as the case may be)”;

(d) for “under that subsection” substitute “or arrangements under the
provision in question”.

7 In section 27 (obtaining of information by the Executive, enforcing
authorities etc), in subsection (1)(b), after “an enforcing authority” insert
“other than the Office for Nuclear Regulation”.

8 In section 27A (information communicated by Commissioners for Revenue
5and Customs), in subsection (2), at the end insert “, other than the Office for
Nuclear Regulation or an inspector appointed by the Office for Nuclear
Regulation”.

9 (1) Section 28 (restrictions on disclosure of information) is amended as follows.

(2) In subsection (1)(a), after “to any person” insert “, other than the Office for
10Nuclear Regulation (or an inspector appointed by it),”.

(3) In subsection (3)(a), after “Executive” insert “, the Office for Nuclear
Regulation,”.

(4) In subsection (4)—

(a) in the opening words—

(i) 15after “Executive” (in the first place), insert “, the Office for
Nuclear Regulation,”;

(ii) after “Executive” (in the second place), insert “or the Office
for Nuclear Regulation”;

(b) in paragraph (a), after “Executive” insert “or Office for Nuclear
20Regulation” and after “section 13(3)” insert “of this Act or, as the case
may be, section 83 of the Energy Act 2013”;

(c) in paragraph (c), at the end insert “or, in the case of the Office for
Nuclear Regulation, a person providing advice to that body.”.

(5) In subsection (5)(a), after “Executive” insert “, of the Office for Nuclear
25Regulation”.

(6) After subsection (9A) insert—

“(9B) Nothing in subsection (7) or (9) applies to a person appointed as an
inspector by the Office for Nuclear Regulation in relation to
functions which the person has by virtue of that appointment.”

10 (1) 30Section 44 (appeals in connection with licensing provisions in the relevant
statutory provisions) is amended as follows.

(2) In subsection (1), omit “(other than nuclear site licences”).

(3) In subsection (7)—

(a) in paragraph (a) omit “other than a nuclear site licence”;

(b) 35omit paragraph (b).

(4) Omit subsection (8).

11 (1) Section 50 (regulations under the relevant statutory provisions) is amended
as follows.

(2) In subsection (1AA), for the words following “unless” substitute “the
40Secretary of State has consulted—

“(a) the Executive,

(b) the Office for Nuclear Regulation, and

(c) such other bodies as appear to the Secretary of State to be
appropriate.”

(3) In subsection (2), for “the Executive” substitute “—

(a) the Executive, and

(b) the Office for Nuclear Regulation.”

(4) In subsection (3), before paragraph (a) insert—

“(za) 5the Office for Nuclear Regulation;”.

(5) After subsection (3) insert—

“(4) If the Executive has consulted the Office for Nuclear Regulation
under subsection (3) in relation to a proposal under section 11(3) for
regulations under any of the relevant statutory provisions, it must,
10when it submits the proposal (with or without modification) to the
Secretary of State, also submit—

(a) any representations made by the Office for Nuclear
Regulation in response to the consultation, and

(b) any response to those representations given by the Executive
15to the Office for Nuclear Regulation.

(5) The preceding provisions of this section do not apply to the exercise
of the power in section 43 to make ONR fees regulations, but the
Secretary of State must consult the Office for Nuclear Regulation
before—

(a) 20making ONR fees regulations independently of any
proposals submitted by the Office for Nuclear Regulation
under section 69(1) of the Energy Act 2013, or

(b) making ONR fees regulations which give effect to such
proposals but with modifications.

(6) 25In subsection (5) “ONR fees regulations” means regulations under
section 43 so far as they make provision in relation to fees payable for
or in connection with the performance of a function by or on behalf
of—

(a) the Office for Nuclear Regulation, or

(b) 30any inspector appointed by the Office for Nuclear
Regulation.”

12 In section 53(1) (general interpretation of Part 1)—

(a) after the definition of “micro-organism” insert—

• ““nuclear safeguards purposes” has the same meaning
  35as in Part 3 of the Energy Act 2013 (nuclear regulation
  etc.) (see section 61 of that Act);

• “nuclear safety purposes” has the same meaning as in
  that Part of that Act (see section 57 of that Act);

• “nuclear security purposes” has the same meaning as in
  40that Part of that Act (see section 59 of that Act);”;

(b) after the definition of “offshore installation” insert—

• ““the ONR’s purposes” has the same meaning as in Part
  3 of the Energy Act 2013 (see section 56 of that Act);”;

(c) after the definition of “prohibition notice” insert—

• 45““the radioactive material transport purposes” means
  the transport purposes within the meaning of Part 3
  of the Energy Act 2013 (see section 62 of that Act);”.

13 In Schedule 1 (existing enactments which are relevant statutory provisions),
omit the entry relating to the Nuclear Installations Act 1965.

14 (1) Schedule 2 (constitution etc. of the Health and Safety Executive) is amended
as follows.

(2) 5In paragraph 1(b) for “eleven” substitute “twelve”.

(3) In paragraph 2(2), at the beginning insert “Subject to sub-paragraph (3A),”.

(4) After paragraph 2(3) insert—

“(3A) The Office for Nuclear Regulation may appoint a member from
among the non-executive members of the Office for Nuclear
10Regulation (“an ONR member”).

(3B) The Office for Nuclear Regulation must notify the Executive and
the Secretary of State whenever it appoints an ONR member.”.

(5) In paragraph 3, after “4” insert “, 4A”.

(6) In paragraph 4, after “Executive” insert “, other than an ONR member,”.

(7) 15After paragraph 4 insert—

“4A (1) An ONR member may at any time resign from office by giving
notice in writing to the Office for Nuclear Regulation.

(2) An ONR member ceases to be a member of the Executive upon
ceasing to be a non-executive member of the Office for Nuclear
20Regulation.

(3) The Office for Nuclear Regulation may remove an ONR member
from office by giving notice in writing.

(4) The Office for Nuclear Regulation must notify the Executive and
the Secretary of State whenever an ONR member—

(a) 25resigns from office,

(b) ceases to be a non-executive member of the Office for
Nuclear Regulation, or

(c) is removed from office.”.

(8) In paragraph 5, after “member” insert “, other than an ONR member,”.

(9) 30Paragraph 6 is amended as follows.

(10) In sub-paragraph (1), for the words following “pay” substitute “—

(a) to each member, other than an ONR member, such
remuneration, and

(b) to each member such travelling and other allowances,

35as may be determined by the Secretary of State.”

(11) In sub-paragraph (2), after “member” insert “other than an ONR member”.

(12) In sub-paragraph (3), after “member” insert “other than an ONR member”.

(13) After that sub-paragraph insert—

“(4) Where—

(a) a member appointed under paragraph 4(4)(a) of Schedule
7 to the Energy Act 2013 to be a member of the Office for
Nuclear Regulation (the “HSE member of the ONR”)—

(i) ceases to be the HSE member of the ONR otherwise
5than on the expiry of his or her term of office as
HSE member of the ONR, but

(ii) does not cease to be a member of the Executive, and

(b) it appears to the Executive that there are special
circumstances that make it right for that person to receive
10compensation,

the Executive may pay the member such amount by way of
compensation as the Secretary of State may determine.”

Part 2 Nuclear safety

15Nuclear Installations Act 1965 (c. 57)1965 (c. 57)

15 The Nuclear Installations Act 1965 is amended as follows.

16 For section 1 substitute—

“1 Restriction of certain nuclear installations to licensed sites

(1) No person may use a site for the purpose of installing or operating—

(a) 20any nuclear reactor (other than a nuclear reactor comprised
in a means of transport, whether by land, water or air), or

(b) any other installation of a prescribed kind,

unless a licence to do so has been granted in respect of the site by the
appropriate national authority and is in force.

(2) 25Such a licence is referred to in this Act as a “nuclear site licence”.

(3) The only kinds of installation that may be prescribed under
subsection (1)(b) are installations (other than nuclear reactors)
designed or adapted for—

(a) producing or using atomic energy,

(b) 30any process which—

(i) is preparatory or ancillary to producing or using
atomic energy, and

(ii) involves, or is capable of causing, the emission of
ionising radiations, or

(c) 35storing, processing or disposing of—

(i) nuclear fuel, or

(ii) bulk quantities of other radioactive matter which has
been produced or irradiated in the course of the
production or use of nuclear fuel.

(4) 40Regulations under subsection (1)(b) may make provision for
exempting an installation from subsection (1).

(5) Regulations made by virtue of subsection (4)—

(a) may provide for any exemption to be conditional;

(b) may not result in an installation being exempt from
subsection (1) unless the Secretary of State is satisfied that it
is not a relevant installation (or, in the case of a conditional
exemption, would not be a relevant installation if the
5prescribed conditions were satisfied).

(6) Before exercising any function under subsection (1)(b), (4) or (5) in or
as regards Scotland, the Secretary of State must consult the Scottish
Ministers.

(7) Any person who contravenes subsection (1) is guilty of an offence.

(8) 10A 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
15exceeding 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
20exceeding 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
25section 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
30(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) 35may 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
40appropriate 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
45applicant 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
5(within the meaning of the Water and Sewerage Services)
(Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)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
10the licence as may be specified in the direction, and

(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
15appropriate 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
20accordance 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
25required 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) 30A 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) 35Where 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) 40The 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) 45with 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) 5In 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. 2010/675S.I. 2010/675);

(b) in relation to a site in Scotland or Northern Ireland, has the
10same meaning as in the Radioactive Substances Act 1993.”

18 For section 4 substitute—

“4 Attachment of conditions to licences

(1) The appropriate national authority—

(a) must, when it grants a nuclear site licence, attach to it such
15conditions 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) 20safety 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) 25for 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,
30operation, 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) 35without prejudice to sections 13 and 16 of the Radioactive
Substances Act 1993 or to the Environmental Permitting
(England and Wales) Regulations 2010 (S.I. 2010/675S.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
40nuclear 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
45virtue 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
5disposal 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. 2010/675S.I. 2010/675);

(b) 10in 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.

(9) The appropriate national authority must consider any representation
15which 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
20under 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
25committed 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) 30on 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) 35on 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) 40In 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) 5surrendered 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) 10If 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
15directions as the authority may consider appropriate for preventing,
or giving warning of, any risk of—

(a) injury to any person, or

(b) damage to any property,

by ionising radiations from anything remaining on the site.

(6) 20A 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
25appointed—

(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
30under 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) 35on 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) 40A 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;