Energy Bill (HL Bill 30)

(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
5summary 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) 10In 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) 15In 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
20earliest,

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
25in 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
30comprising 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) 35the 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 40For 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) 45need 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) 5The 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) 10in relation to Scotland, the Scottish Ministers.”

21 In section 19(1) (special cover for licensee’s liability), for “section 3(5)”
substitute “section 3(11)”.

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

“22 15Reporting 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
20person where a duty with respect to that carriage is imposed
on that person by section 7, 10 or 11 of this Act.

(2) The licensee or other person mentioned in subsection (1) must ensure
that the occurrence is reported without delay in the prescribed
manner—

(a) 25to 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) 30A 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
35exceeding 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
40standard 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
45read 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
5occurrence 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
10Secretary 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
15occurrence 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
20Secretary of State expedient in the interests of national
security to direct otherwise.”

23 In section 24 (inspectors), for “provisions which are mentioned in Schedule
1 to the Health and Safety at Work etc. Act 1974” substitute “sections 1, 3 to
6, 22 and 24A of this Act”.

24 (1) 25Section 24A (recovery of expenses by Health and Safety Executive) is
amended as follows.

(2) In subsection (1)—

(a) for “Health and Safety Executive (“the Executive”) which the
Executive may” substitute “ONR which the ONR may”;

(b) 30in paragraph (a) for “such of the provisions of this Act as are
mentioned in Schedule 1 to the Health and Safety at Work etc Act
1974” substitute “sections 1, 3 to 6 and 22, and this section of this
Act”.

(3) In subsection (2)—

(a) 35for “Executive” substitute “ONR”;

(b) for “the Health and Safety at Work etc. Act 1974” substitute
“Schedule 8 to the Energy Act 2013”.

(4) In subsections (3), (4) and (6) to (8) for “Executive”, in each place where it
appears, substitute “ONR”.

(5) 40In the heading, for “Health and Safety Executive” substitute “ONR”.

25 (1) Section 26 (interpretation) is amended as follows.

(2) For the definition of “the appropriate Agency” substitute—

• “the appropriate environment authority” means—

  (a)

  in the case of a site in England, the Environment
  45Agency;

  Energy BillPage 183

  (b)

  in the case of a site in Scotland, the Scottish
  Environment Protection Agency;

  (c)

  in the case of a site in Northern Ireland, the
  Department of Environment in Northern Ireland;

  (d)

  5in the case of a site in Wales, the Natural Resources
  Body for Wales;

• “the appropriate national authority” means—

  (a)

  in relation to England and Wales and Scotland, the
  ONR;

  (b)

  10in relation to Northern Ireland, the Secretary of
  State;”.

(3) Omit the definition of “inspector”.

(4) In the definition of “nuclear site licence” for “section 1(1)” substitute “section
1(2)”.

(5) 15After the definition of “occurrence” insert—

• “ONR” means the Office for Nuclear Regulation;”.

(6) In the definition of “period of responsibility” for “section 5(3)” substitute
“section 5(14)”.

26 In section 27 (Northern Ireland) omit paragraphs (b) and (c) of subsection
20(1).

27 In Schedule 1 (security provisions applicable by order under section 2), in
paragraph 3(2)(cc), for “section 19 of the Health and Safety at Work etc. Act
1974” substitute “Schedule 8 to the Energy Act 2013”.

28 (1) Schedule 2 is amended as follows.

(2) 25In paragraph 1 for “section 22(5)” substitute “section 22(10)”.

(3) In paragraphs 1, 2, 5 and 6, for “the Minister” in each place where it appears
substitute “the Secretary of State”.

(4) In paragraph 7—

(a) for “or, in Scotland, the Court of Session, and the High Court or
30Court of Session” substitute “and the High Court”;

(b) omit “or, as the case may be, the Court of Session”.

(5) Omit paragraph 8.

(6) For the title substitute “Inquiries under section 22(10) relating to occurrences
in Northern Ireland”.

35Consequential repeals and revocations

29 In consequence of the amendments made by paragraphs 16 to 28, the
provisions listed in the following Table are repealed or revoked to the extent
specified—

Part 3 Nuclear security

Anti-terrorism, Crime and Security Act 2001 (c. 24)2001 (c. 24)

30 The Anti-terrorism, Crime and Security Act 2001 is amended as follows.

31 (1) 5Section 77 (regulation of security of civil nuclear industry) is amended as
follows.

(2) In subsection (3)(a)(ii), for the words following “term” substitute “not
exceeding 12 months (in England and Wales or Scotland) or 6 months (in
Northern Ireland), or a fine (in England and Wales) or a fine not exceeding
£20,000 (in Scotland and Northern Ireland), or both”.

(3) 5After that subsection insert—

“(3A) 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 (3)(a)(ii), as it has effect in England and Wales, is to be
10read as a reference to 6 months.”

(4) In subsection (5)(a), for “the Health and Safety Executive” substitute “the
Office for Nuclear Regulation”.

32 (1) Section 80 (prohibition of disclosures of uranium enrichment technology), is
amended as follows.

(2) 15In subsection (4)(b), after “the Secretary of State” insert “or the Office for
Nuclear Regulation”.

(3) After subsection (7) insert—

“(7A) The Secretary of State must consult the Office for Nuclear Regulation
before laying a draft of the regulations, unless they give effect,
20without modification, to any proposals for them submitted by the
Office for Nuclear Regulation under section 69(1)(a)(iv) of the
Energy Act 2013.”

Part 4 Nuclear safeguards

25Atomic Energy Act 1946 (c. 80)1946 (c. 80)

33 The Atomic Energy Act 1946 is amended as follows.

34 (1) Section 4 (power to obtain information of materials, plants and processes) is
amended as follows.

(2) In subsection (1), at the beginning insert “Subject to subsection (1A)”.

(3) 30After subsection (1) insert—

“(1A) No notice may be served under subsection (1) which imposes a
requirement which could be imposed—

(a) by a notice served by the Office for Nuclear Regulation under
section 85 of the Energy Act 2013 (power of ONR to obtain
35information), or

(b) by an authorised inspector under paragraph 15 of Schedule 8
to that Act (power of inspectors to require information and
documents).”.

35 (1) Section 5 (power of entry and inspection) is amended as follows.

(2) 40In subsection (1), at the beginning insert “Subject to subsection (1A)”.

(3) After subsection (1) insert—

“(1A) No authorisation to enter or inspect any premises may be given by
the Minister to any person under subsection (1) if such authorisation
could be given by the Office for Nuclear Regulation to an inspector
5under Part 1 of Schedule 8 to the Energy Act 2013 (appointment and
powers of inspectors).”.

36 In section 11 (restriction on disclosure of information relating to plant), after
subsection (2) insert—

“(2A) The communication of information is not an offence under this
10section if it is—

(a) communication to the Office for Nuclear Regulation of
information required under section 85 of the Energy Act 2013
(power of ONR to obtain information), or any subsequent
communication of that information by the Office for Nuclear
15Regulation, or

(b) communication to an authorised inspector of information
required by the inspector under paragraph 15 of Schedule 8
to that Act (power of inspectors to require information and
documents), or any subsequent communication of that
20information by an inspector.”.

37 In section 18 (definitions), in subsection (1), after the definition of “atomic
energy” insert—

• ““inspector” means an inspector appointed under Schedule 8 to
  the Energy Act 2013; and “authorised”, in relation to such an
  25inspector, is to be construed in accordance with paragraph
  2(4) of that Schedule;”.

Nuclear Safeguards and Electricity (Finance) Act 1978 (c. 25)1978 (c. 25)

38 The Nuclear Safeguards and Electricity (Finance) Act 1978 is amended as
follows.

39 30In section 2 (rights of International Atomic Energy Agency inspectors), in
subsection (8) for “Secretary of State” substitute “Office for Nuclear
Regulation”.

40 In section 3 (regulations for giving effect to certain provisions of Safeguards
Agreement) —

(a) 35after subsection (1) insert—

“(1A) Regulations under this section may in particular modify
functions of, or confer functions on, the Office for Nuclear
Regulation.”;

(b) after subsection (2) insert—

“(2A) 40The Secretary of State must consult the Office for Nuclear
Regulation before making regulations under this section
unless the regulations give effect, without modification, to
any proposals for them submitted by the Office for Nuclear
Regulation under section 69(1)(a)(iv) of the Energy Act 2013.”

Nuclear Safeguards Act 2000 (c. 5)2000 (c. 5)

41 The Nuclear Safeguards Act 2000 is amended as follows.

42 (1) Section 1(1) (interpretation) is amended as follows.

(2) In the definition of “Additional Protocol information” after “Secretary of
5State” insert “or the Office for Nuclear Regulation”.

(3) In the definition of “authorised officer” for “Secretary of State” substitute
“Office for Nuclear Regulation”.

43 (1) Section 2 (information and records for purposes of the Additional Protocol)
is amended as follows.

(2) 10In subsection (1), for “Secretary of State” substitute “Office for Nuclear
Regulation”.

(3) In subsection (2), for “Secretary of State”, in both places where it appears,
substitute “Office for Nuclear Regulation”.

(4) In subsection (3)(a) for “Secretary of State” substitute “Office for Nuclear
15Regulation”.

44 (1) Section 3 (identifying persons who have information) is amended as follows.

(2) In subsection (1), for “him” substitute “the Office for Nuclear Regulation”.

(3) In subsection (2)(b), for “Secretary of State” substitute “Office for Nuclear
Regulation”.

(4) 20In subsection (3)(a), for “Secretary of State” substitute “Office for Nuclear
Regulation”.

(5) After subsection (3) insert—

“(3A) The Secretary of State must consult the Office for Nuclear Regulation
before making regulations under this section unless the regulations
25give effect, without modification, to any proposals for them
submitted by the Office for Nuclear Regulation under section
69(1)(a)(iv) of the Energy Act 2013.”

(6) In subsection (5), for “Secretary of State” substitute “Office for Nuclear
Regulation”.

45 (1) 30Section 4 (powers of entry in relation to Additional Protocol information) is
repealed.

(2) Sub-paragraph (1) does not affect the power in section 12(4) of the Nuclear
Safeguards Act 2000 to extend section 4 of that Act outside the United
Kingdom.

46 (1) 35Section 5 (rights of access etc. for Agency inspectors) is amended as follows.

(2) After subsection (3) insert—

“(3A) The Secretary of State must consult the Office for Nuclear Regulation
before making an order under subsection (3) unless the order gives
effect, without modification, to any proposals for such an order
40submitted by the Office for Nuclear Regulation under section
69(1)(a)(iv) of the Energy Act 2013.”

(3) In subsection (6) for “Secretary of State” substitute “Office for Nuclear
Regulation”.

47 In section 6 (restriction on disclosure), after subsection (3) insert—

“(3A) It is not an offence under this section to disclose information held by
5the Office for Nuclear Regulation if the disclosure is not in
contravention of Part 3 of the Energy Act 2013.”.

48 In section 7 (giving false or misleading information), in paragraphs (a) and
(b) for “Secretary of State” substitute “Office for Nuclear Regulation”.

Part 5 10Other enactments

Explosives Act 1875 (c. 17)1875 (c. 17)

49 The Explosives Act 1875 is amended as follows.

50 In section 61 (keeping and carriage of samples by an inspector appointed by
the Health and Safety Executive under section 19 of the 1974 Act), at the end
15insert the following paragraphs—

“The reference to an inspector appointed by the Health and Safety
Executive under section 19 of the Health and Safety at Work etc. Act
1974 (“the 1974 Act”) is to be read, in relation to a relevant nuclear
site, as a reference to an inspector appointed by the Office for
20Nuclear Regulation under that section.

For this purpose a relevant nuclear site is one in relation to which the
Office for Nuclear Regulation has responsibility for the enforcement
of any of the relevant statutory provisions (within the meaning of
Part 1 of the 1974 Act) by virtue of section 18(1A) or (2) of the 1974
25Act.”

51 In section 74 (seizure and detention of explosives liable to forfeiture), after
subsection (6) insert the following paragraphs—

“In this section, any reference to an inspector appointed by the Health
and Safety Executive under section 19 of the Health and Safety at
30Work etc. Act 1974 (“the 1974 Act”) is to be read, in relation to
anything found on a relevant nuclear site, as a reference to an
inspector appointed by the Office for Nuclear Regulation under that
section.

For this purpose a relevant nuclear site is one in relation to which the
35Office for Nuclear Regulation has responsibility for the enforcement
of any of the relevant statutory provisions (within the meaning of
Part 1 of the 1974 Act) by virtue of section 18(1A) or (2) of the 1974
Act.”

Factories Act 1961 (c. 34)1961 (c. 34)

52 40In section 176(1) of the Factories Act 1961 (general interpretation), in the
definition of “inspector”, for the words from “means” to “and references”
substitute “, in relation to a factory, means an inspector appointed under