Energy Bill (HL Bill 30)

section 19 of the Health and Safety at Work etc. Act 1974 (“the 1974 Act”)—

• “(a)

  in the case of a factory on a site in relation to which the
  Office for Nuclear Regulation has responsibility for
  the enforcement of any of the relevant statutory
  5provisions (within the meaning of Part 1 of the 1974
  Act) by virtue of section 18(1A) or (2) of that Act, by
  the Office for Nuclear Regulation;

  (ii)

  in any other case, by the Health and Safety Executive,

  and references”.

10Parliamentary Commissioner Act 1967 (c. 13)1967 (c. 13)

53 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc
subject to investigation), at the appropriate place insert—

“(none) Office for Nuclear Regulation.”

House of Commons Disqualification Act 1975 (c. 24)1975 (c. 24)

54 (1) 15Schedule 1 to the House of Commons Disqualification Act 1975 is amended
as follows.

(2) In Part 2 (bodies of which all members are disqualified), at the appropriate
place insert—

“(None) The Office for Nuclear Regulation.”

(3) 20In Part 3 (other disqualifying offices), at the appropriate place insert—

“(none) Member of staff of the Office for Nuclear Regulation (within
the meaning of Part 3 of the Energy Act 2013).”

Northern Ireland Assembly Disqualification Act 1975 (c. 25)1975 (c. 25)

55 (1) Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 is
25amended as follows.

(2) In Part 2 (bodies of which all members are disqualified), at the appropriate
place insert—

“(None) The Office for Nuclear Regulation.”

(3) In Part 3 (other disqualifying offices), at the appropriate place insert—

“(none) 30Member of staff of the Office for Nuclear Regulation (within
the meaning of Part 3 of the Energy Act 2013).”

Employment Protection Act 1975 (c.71)1975 (c.71)

56 In Schedule 15 to the Employment Protection Act 1975, omit paragraph 13
(amendments of section 44 of the Health and Safety at Work etc. Act 1974).

35Civil Aviation Act 1982 (c. 16)1982 (c. 16)

57 In section 23 of the Civil Aviation Act 1982 (disclosure of information), in
subsection (4), after paragraph (b) insert—

“(ba) by the CAA or a member or employee of the CAA—

(i) to, or to a member of, the Office for Nuclear
40Regulation, or

(ii) to a member of staff of the Office for Nuclear
Regulation (within the meaning of Part 3 of the
Energy Act 2013);”.

Water Act 1989 (c. 15)1989 (c. 15)

58 5In section 174 of the Water Act 1989 (general restrictions on disclosure of
information), in subsection (2), after paragraph (g) insert—

“(ga) for the purpose of facilitating the carrying out by the Office
for Nuclear Regulation of any of its functions under any
enactment;”.

10Electricity Act 1989 (c. 29)1989 (c. 29)

59 The Electricity Act 1989 is amended as follows.

60 (1) Section 3C (health and safety) is amended as follows.

(2) In subsection (1), for the words following “consult” substitute “—

(a) the Health and Safety Executive about all electricity safety
15issues, and

(b) the Office for Nuclear Regulation about all electricity safety
issues relating to nuclear sites (within the meaning of Part 3
of the Energy Act 2013),

which may be relevant to the carrying out of their respective
20functions under this Part.”

(3) In subsection (3), after “Health and Safety Executive” insert “or the Office for
Nuclear Regulation”.

61 In section 56C (references to the Competition Commission), in subsection
(6)(c), after “Health and Safety Executive” insert “, the Office for Nuclear
25Regulation”.

Radioactive Material (Road Transport) Act 1991 (c. 27)1991 (c. 27)

62 (1) The Radioactive Material (Road Transport) Act 1991, apart from section 1(1),
is repealed.

(2) In section 1(1) of that Act, for “In this Act” substitute “In this subsection
30(which applies for the purposes of section E5 of Part 2 of Schedule 5 to the
Scotland Act 1998)”.

Water Industry Act 1991 (c. 56)1991 (c. 56)

63 In section 206 of the Water Industry Act 1991 (restriction on disclosure of
information), in subsection (3), after paragraph (g) insert—

“(ga) 35for the purpose of facilitating the carrying out by the Office
for Nuclear Regulation of any of its functions under any
enactment;”.

Water Resources Act 1991 (c. 57)1991 (c. 57)

64 In section 204 of the Water Resources Act 1991 (restriction on disclosure of

information), in subsection (2), after paragraph (g) insert—

“(ga) for the purpose of facilitating the carrying out by the Office
for Nuclear Regulation of any of its functions under any
enactment;”.

5Radioactive Substances Act 1993 (c. 12)1993 (c. 12)

65 The Radioactive Substances Act 1993 is amended as follows.

66 In section 16 (grant of authorisations), as it has effect in relation to Scotland,
in subsection (4A)—

(a) in the opening words, omit “in any part of Great Britain”;

(b) 10in paragraph (a) for “Health and Safety Executive” substitute “Office
for Nuclear Regulation”.

67 In section 17 (revocation and variation of authorisations), as it has effect in
relation to Scotland, in subsection (2A)—

(a) in the opening words omit “in any part of Great Britain”;

(b) 15in paragraph (a) for “Health and Safety Executive” substitute “Office
for Nuclear Regulation”.

Railways Act 1993 (c. 43)1993 (c. 43)

68 In section 145 of the Railways Act 1993 (general restrictions on disclosure of
information), in subsection (2), after paragraph (e) insert—

“(ea) 20for the purpose of facilitating the carrying out by the Office
for Nuclear Regulation of any of its functions under any
enactment;”.

Coal Industry Act 1994 (c. 21)1994 (c. 21)

69 In section 59(3)(e) of the Coal Industry Act 1994 (relevant authorities in
25relation to all of their functions), after sub-paragraph (ii) insert—

“(iia) the Office for Nuclear Regulation;”.

Deregulation and Contracting Out Act 1994 (c. 40)1994 (c. 40)

70 (1) Section 37 of the Deregulation and Contracting Out Act 1994 (power to
repeal certain health and safety provisions) is amended as follows.

(2) 30In subsection (1), after paragraph (b) insert—

“(ba) any of the relevant nuclear provisions,

(bb) any provision of regulations under section 63 of the Energy
Act 2013 which has effect in place of any of the relevant
nuclear provisions,”.

(3) 35In subsection (2), after paragraph (ac) insert—

“(ad) in the case of regulations under paragraph (ba) or (bb) of that
subsection, the Office for Nuclear Regulation,”.

(4) In subsection (7) for “or (b)” substitute “(b), (ba) or (bb)”.

(5) In subsection (9)(a), for “or (b)” substitute “(b), (ba) or (bb)”.

(6) After subsection (9) insert—

“(10) In subsection (1), “the relevant nuclear provisions” means—

(a) sections 1, 3 to 6, 22 and 24A of the Nuclear Installations Act
1965, and

(b) 5any regulations made under any of those sections,

so far as they have effect in England and Wales or Scotland.”

Scotland Act 1998 (c. 46)1998 (c. 46)

71 In Part 2 of Schedule 5 (specific reservations), in section D4 (nuclear energy),
after “occurrences.” insert—

“(none) 10The Office for Nuclear Regulation.”

Greater London Authority Act 1999 (c. 29)1999 (c. 29)

72 In section 235 of the Greater London Authority Act 1999 (restrictions on
disclosure of information), in subsection (2), after paragraph (f) insert—

“(fa) for the purpose of facilitating the carrying out by the Office
15for Nuclear Regulation of any of its functions under any
enactment;”.

Regulation of Investigatory Powers Act 2000 (c. 23)2000 (c. 23)

73 In Part 1 of Schedule 1 to the Regulation of Investigatory Powers Act 2000
(relevant authorities for the purposes of sections 28 and 29), after paragraph
2020G insert—

“20H The Office for Nuclear Regulation.”

Freedom of Information Act 2000 (c. 36)2000 (c. 36)

74 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public
authorities), at the appropriate place insert—

“(None) 25The Office for Nuclear Regulation.”

Transport Act 2000 (c. 38)2000 (c. 38)

75 In Schedule 9 to the Transport Act 2000 (air traffic: information), in
paragraph 3(1), after paragraph (f) insert—

“(fa) for the purpose of facilitating the carrying out by the Office
30for Nuclear Regulation of any of its functions under any
enactment;”.

Energy Act 2004 (c. 20)2004 (c. 20)

76 The Energy Act 2004 is amended as follows.

77 In section 14 (annual reports), in subsection (3)(g), after “with” insert “the
35Office for Nuclear Regulation,”.

78 (1) Schedule 2 (procedural requirements applicable to NDA’s strategy) is
amended as follows.

(2) In paragraph 4(2) (consultation by NDA), before paragraph (a) insert—

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

(3) In paragraph 5(9) (approval of strategy), after paragraph (a) insert—

“(aa) the Office for Nuclear Regulation;”.

79 (1) 5Schedule 3 (procedural requirements applicable to NDA’s annual plans) is
amended as follows.

(2) In paragraph 2(1) (consultation by NDA), before paragraph (a) insert—

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

(3) In paragraph 3(8) (approval of annual plan), after paragraph (a) insert—

“(aa) 10the Office for Nuclear Regulation;”.

Civil Contingencies Act 2004 (c. 36)2004 (c. 36)

80 In Part 3 of Schedule 1 to the Civil Contingencies Act 2004 (category 2
responders: general), after paragraph 29A insert—

“Miscellaneous

29B 15The Office for Nuclear Regulation.”

Railways Act 2005 (c. 14)2005 (c. 14)

81 Schedule 3 to the Railways Act 2005 (transfer of safety functions) is amended
as follows.

82 In paragraph 1(5) (railway safety purposes), after paragraph (b) (but before
20the “and” immediately following it) insert—

“(ba) the Office for Nuclear Regulation;”.

83 (1) Paragraph 2 (ORR’s principal railway safety functions) is amended as
follows.

(2) In sub-paragraph (6), for the words following “must” substitute “—

(a) 25if the proposals relate to regulations that are relevant to the
ONR’s purposes (within the meaning of Part 3 of the
Energy Act 2013), consult the Office for Nuclear
Regulation;

(b) in any case, consult—

(i) 30such government departments, and

(ii) such other persons,

as it considers appropriate.”

(3) In sub-paragraph (7), at the end insert “and, if the regulations are relevant to
the ONR’s purposes (within the meaning of Part 3 of the Energy Act 2013),
35the Office for Nuclear Regulation”.

84 In paragraph 4 (reports and investigations), after sub-paragraph (4) insert—

“(4A) The Office of Rail Regulation must consult the Office for Nuclear
Regulation before taking any step under sub-paragraph (1) in
relation to a matter which appears to the Office of Rail Regulation
40to be, or likely to be, relevant to the ONR’s purposes (within the
meaning of Part 3 of the Energy Act 2013).”

Fire (Scotland) Act 2005 (asp. 5)2005 (asp. 5)

85 (1) Section 61 of the Fire (Scotland) Act 2005 (enforcing authorities) is amended
as follows.

(2) In subsection (7), for “Health and Safety Executive” (in both places)
5substitute “appropriate body”.

(3) After that subsection insert—

“(7A) For the purposes of subsection (7), “appropriate body” means—

(a) in relation to a workplace which is, or is on, premises for
which it is the enforcing authority, the Office for Nuclear
10Regulation;

(b) in relation to any other workplace, the Health and Safety
Executive.”

(4) Subsection (9) is amended as follows.

(5) In paragraph (za)—

(a) 15omit sub-paragraphs (i) and (ii);

(b) for sub-paragraph (iv) substitute—

“(iv) which are a workplace which is, or is on, a
construction site, other than one in relation to
which the Office for Nuclear Regulation is
20responsible for health and safety
enforcement;”.

(6) After that paragraph insert—

“(zaa) in relation to relevant premises—

(i) for which a licence is required by virtue of section 1 of
25the Nuclear Installations Act 1965 or for which a
permit is required by virtue of section 2 of that Act;

(ii) for which such a licence or permit would be required
but for the fact that the premises are used by, or on
behalf of, the Crown; or

(iii) 30which are a workplace which is, or is on, a
construction site in relation to which the Office for
Nuclear Regulation is responsible for health and
safety enforcement,

the Office for Nuclear Regulation;”.

(7) 35In paragraph (b)—

(a) in sub-paragraph (i), for “(za)(ii), (iii)” substitute “(za)(iii), (zaa)(ii)”;

(b) in sub-paragraph (ii), for “(za)(ii)” substitute “(zaa)(ii)”.

(8) After subsection (9) insert—

“(9A) For the purposes of subsection (9)—

(a) 40“construction site” means a construction site, as defined in
regulation 2(1) of the Construction (Design and
Management) Regulations 2007, to which those Regulations
apply, other than one to which regulation 46(1) of those
Regulations applies;

(b) 45the Office for Nuclear Regulation is responsible for health
and safety enforcement in relation to a construction site if, by

virtue of regulations under section 18(2) of the Health and
Safety at Work etc. Act 1974 (enforcement), it is responsible
for the enforcement of any of the relevant statutory
provisions (within the meaning of Part 1 of that Act) in
5relation to the site.”

(9) In subsection (10), after “(9)” insert “or (9A)”.

Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541S.I. 2005/1541)

86 The Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/2541S.I. 2005/2541) is amended
as follows.

87 (1) 10Article 25 (enforcing authorities) is amended as follows.

(2) That Article becomes paragraph (1) and is amended as follows.

(3) In paragraph (b)—

(a) omit sub-paragraphs (i) and (ii);

(b) for sub-paragraph (iv) substitute—

“(iv) 15any workplace which is, or is on, a
construction site, other than one in relation to
which the Office for Nuclear Regulation is
responsible for health and safety
enforcement;”.

(4) 20After that paragraph insert—

“(bb) the Office for Nuclear Regulation in relation to—

(i) any premises for which a licence is required by virtue
of section 1 of the Nuclear Installations Act 1965 or for
which a permit is required by virtue of section 2 of
25that Act;

(ii) any premises for which such a licence or permit
would be required but for the fact that the premises
are used by, or on behalf of, the Crown;

(iii) any workplace which is, or is on, a construction site in
30relation to which the Office for Nuclear Regulation is
responsible for health and safety enforcement;”.

(5) In paragraph (e)—

(a) in sub-paragraph (i), for “(b)(ii)” substitute “(bb)(ii)”;

(b) in sub-paragraph (ii), for “(b)(ii)” substitute “(bb)(ii)”.

(6) 35After Article 25(1) insert—

“(2) For the purposes of paragraph (1)—

(a) “construction site” means a construction site, as defined in
regulation 2(1) of the Construction (Design and
Management) Regulations 2007, to which those Regulations
40apply, other than one to which regulation 46(1) of those
Regulations applies;

(b) the Office for Nuclear Regulation is responsible for health
and safety enforcement in relation to a construction site if, by
virtue of regulations under section 18(2) of the Health and
45Safety at Work etc. Act 1974 (enforcement), it is responsible
for the enforcement of any of the relevant statutory

provisions (within the meaning of Part 1 of that Act) in
relation to the site.”

88 In Article 26 (enforcement of Order), in paragraph (3), after “Health and
Safety Executive” (in both places) insert “, Office for Nuclear Regulation”.

5Government of Wales Act 2006 (c. 32)2006 (c. 32)

89 In Schedule 7 to the Government of Wales Act 2006 (subjects to which Acts
of the Assembly may relate), in Part 1, in the exceptions to paragraph 4
(economic development), after “nuclear installations” insert “and the Office
for Nuclear Regulation”.

10National Health Service Act 2006 (c. 41)2006 (c. 41)

90 In section 2A of the National Health Service Act 2006 (Secretary of State’s
duty as to protection of public health)—

(a) in subsection (3)(b), for “the Health and Safety Executive” substitute
“a relevant body”;

(b) 15in subsection (4)(a), for “Health and Safety Executive” substitute
“relevant body”;

(c) after subsection (4) insert—

“(5) For the purposes of subsections (3) and (4), each of the
following is a relevant body—

(a) 20the Health and Safety Executive;

(b) the Office for Nuclear Regulation.”.

Road Safety Act 2006 (c. 49)2006 (c. 49)

91 Section 57 of the Road Safety Act 2006 (which amends section 2 of the
Radioactive Material (Road Transport) Act 1991) is repealed.

25Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)2007 (c. 19)

92 In section 25 of the Corporate Manslaughter and Corporate Homicide Act
2007, in the definition of “health and safety legislation”, at the end insert
“and provision dealing with health and safety matters contained in Part 3 of
the Energy Act 2013 (nuclear regulation)”.

30Regulatory Enforcement and Sanctions Act 2008 (c. 13)2008 (c. 13)

93 In Schedule 6 to the Regulatory Enforcement and Sanctions Act 2008
(enactments specified for the purposes of orders under Part 3), the entry for
sections 2 to 6 of the Radioactive Material (Road Transport) Act 1991 is
repealed.

35Energy Act 2008 (c. 32)2008 (c. 32)

94 The Energy Act 2008 is amended as follows.

95 In section 46 (approval of a funded decommissioning programme), in
subsection (6), for paragraph (a) substitute—

“(a) the Office for Nuclear Regulation,”.

96 In section 50 (power to disapply section 49), in subsection (2), for paragraph
(a) substitute—

“(a) the Office for Nuclear Regulation,”.

97 In section 54 (nuclear decommissioning: regulations and guidance), in
5subsection (8), for paragraph (a) substitute—

“(a) the Office for Nuclear Regulation,”.

98 In section 59 (offence of further disclosure of information), in subsection
(2)(c)—

(a) for “the Health and Safety Executive” substitute “the Office for
10Nuclear Regulation”;

(b) for “the Executive” substitute “the Office for Nuclear Regulation”.

99 In section 63 (co-operation with other public bodies), in subsection (2), for
paragraph (a) substitute—

“(a) the Office for Nuclear Regulation;”.

15Borders, Citizenship and Immigration Act 2009 (c. 11)2009 (c. 11)

100 (1) Part 1 of the Borders, Citizenship and Immigration Act 2009 (which provides
for certain functions of the Commissioners for Her Majesty’s Revenue and
Customs to be exercisable concurrently by the Secretary of State or the
Director of Border Revenue) is amended as follows.

(2) 20In section 1 (general customs functions of the Secretary of State), in
subsection (6), after paragraph (a) (but before the “and” immediately
following it) insert—

“(aa) sections 86 and 87 of the Energy Act 2012 (HMRC functions
in relation to Office for Nuclear Regulation etc.),”.

(3) 25In section 7 (customs revenue functions of the Director of Border Revenue)
in subsection (7), after paragraph (a) (but before the “and” immediately
following it) insert—

“(aa) sections 86 and 87 of the Energy Act 2012 (HMRC functions
in relation to Office for Nuclear Regulation etc.),”.

30Equality Act 2010 (c. 15)2010 (c. 15)

101 In Schedule 19 to the Equality Act 2010 (public authorities: general), after the
entry for the Health and Safety Executive insert—

“(None) The Office for Nuclear Regulation.”.

Health and Social Care Act 2012 (c. 7)2012 (c. 7)

102 35In section 58(6) of the Health and Social Care Act 2012 (radiation protection
functions), after paragraph (b) insert—

“(c) the Office for Nuclear Regulation.”.

Section 117

SCHEDULE 13 Transfer schemes under section 117

1 (1) On the transfer date, the designated property, rights and liabilities that are
to be transferred from the Oil and Pipelines Agency (“the transferor”) to the
5Secretary of State (“the transferee”) are transferred and vest in accordance
with the scheme.

(2) The rights and liabilities that may be transferred by a scheme include those
arising under or in connection with a contract of employment.

(3) A certificate by the Secretary of State that anything specified in the certificate
10has vested in the Secretary of State by virtue of a scheme is conclusive
evidence for all purposes of that fact.

(4) In this Schedule—

• “civil service” means the civil service of the state;

• “designated”, in relation to a scheme, means specified in or determined
  15in accordance with the scheme;

• “property” includes interests of any description;

• “the transfer date” means a date specified by a scheme as the date on
  which the scheme is to have effect;

• “TUPE regulations” means the Transfer of Undertakings (Protection of
  20Employment) Regulations 2006 (S.I. 2006/246S.I. 2006/246).

2 (1) A scheme may make provision—

(a) for anything done by or in relation to the transferor in connection
with any property, rights or liabilities transferred by the scheme to
be treated as done, or to be continued, by or in relation to the
25transferee;

(b) for references to the transferor in any agreement (whether written or
not), instrument or other document relating to any property, rights
or liabilities transferred by the scheme to be treated as references to
the transferee;

(c) 30about the continuation of legal proceedings;

(d) for transferring property, rights or liabilities which could not
otherwise be transferred or assigned;

(e) for transferring property, rights and liabilities irrespective of any
requirement for consent which would otherwise apply;

(f) 35for preventing a right of pre-emption, right of reverter, right of
forfeiture, right to compensation or other similar right from arising
or becoming exercisable as a result of the transfer of property, rights
or liabilities;

(g) for dispensing with any formality in relation to the transfer of
40property, rights or liabilities by the scheme;

(h) for transferring property acquired, or rights or liabilities arising,
after the scheme is made but before it takes effect;

(i) for apportioning property, rights or liabilities;

(j) for creating rights, or imposing liabilities, in connection with
45property, rights or liabilities transferred by the scheme;

(k) for requiring the transferee to enter into any agreement of any kind,
or for a purpose, specified in or determined in accordance with the
scheme;