Energy Bill (HL Bill 30)

(2) For the purposes of subsection (1), ensuring the security of any site or premises
40includes doing so by means of the design of, or of anything on, the site or
premises.

(3) In this section—

• “civil nuclear construction site” means a site—

  (a)

  on which works are being carried out with a view to its
  45becoming a civil nuclear site, and

  (b)

  which is situated within 5 kilometres of an existing nuclear site;

• “civil nuclear premises” means—

  (a)

  a civil nuclear site, or

  Energy BillPage 57

  (b)

  other premises on which nuclear material is used or stored
  which are not controlled or operated wholly or mainly for
  defence purposes;

• “civil nuclear site” means a nuclear site other than one controlled or
  5operated wholly or mainly for defence purposes;

• “defence purposes” means the purposes of the department of the
  Secretary of State with responsibility for defence;

• “enrichment of uranium” means a treatment of uranium that increases the
  proportion of isotope 235 contained in the uranium;

• 10“equipment” includes equipment that has not been assembled and its
  components;

• “nuclear material” means any fissile material in the form of—

  (a)

  uranium metal, alloy or compound, or

  (b)

  plutonium metal, alloy or compound,

  15or any other fissile material prescribed by regulations made by the
  Secretary of State;

• “sensitive nuclear information” means—

  (a)

  information relating to, or capable of use in connection with, the
  enrichment of uranium, or

  (b)

  20information of a description for the time being specified in a
  notice under section 60;

• “United Kingdom ship” means a ship registered in the United Kingdom
  under Part 2 of the Merchant Shipping Act 1995.

60 Notice by Secretary of State to ONR specifying sensitive nuclear information

(1) 25This section applies where the Secretary of State considers that information of
any description relating to activities carried out on or in relation to civil nuclear
premises is information which needs to be protected in the interests of national
security.

(2) The Secretary of State may give a notice to the ONR under this section
30specifying that description of information.

(3) The Secretary of State may vary or revoke any notice given under this section
by giving a further notice to the ONR.

(4) Before giving a notice under this section, the Secretary of State must consult the
ONR.

(5) 35In this section “civil nuclear premises” has the same meaning as in section 59.

61 Nuclear safeguards purposes

(1) In this Part, the “nuclear safeguards purposes” means the purposes of—

(a) ensuring compliance by the United Kingdom or, as the case may be,
enabling or facilitating compliance by a Minister of the Crown, with the
40safeguards obligations, and

(b) the development of any future safeguards obligations.

(2) In subsection (1)(a) “the safeguards obligations” has the meaning given by
section 81.

62 Transport purposes

(1) In this Part, the “transport purposes” means the purposes of—

(a) protecting against risks relating to the civil transport of radioactive
material in Great Britain by road, rail or inland waterway which arise
5out of, or in connection with, the radioactive nature of the material, and

(b) ensuring the security of radioactive material during civil transport in
Great Britain by road, rail or inland waterway.

(2) For this purpose—

(a) “civil transport” means transport otherwise than for the purposes of the
10department of the Secretary of State with responsibility for defence;

(b) “radioactive material”—

(i) in relation to transport by road, has the same meaning as in
ADR,

(ii) in relation to transport by rail, has the same meaning as in RID,
15and

(iii) in relation to transport by inland waterway, has the same
meaning as in ADN;

(c) the transport of material begins with any preparatory process (such as
packaging) and continues until the material has been unloaded at its
20destination.

(3) In subsection (2)(b)—

• “ADN” means the Regulations annexed to the European Agreement
  concerning the International Carriage of Dangerous Goods by Inland
  Waterway (signed at Geneva on 26 May 2000);

• 25“ADR” means Annexes A and B to the European Agreement concerning
  the International Carriage of Dangerous Goods by Road (signed at
  Geneva on 30 September 1957);

• “RID” means the Annex to Appendix C to the Convention concerning
  International Carriage by Rail (signed at Berne on 9 May 1980) (the
  30Regulation concerning the International Carriage of Dangerous Goods
  by Rail);

and any reference to, or to an appendix to, an Agreement, a Convention or a
Treaty, or to an annex to any of them, is to it as it has effect for the time being.

(4) The Secretary of State may by regulations modify the definition of “radioactive
35material”.

CHAPTER 2 Nuclear regulations

63 Nuclear regulations

(1) The Secretary of State may make regulations (to be known as “nuclear
regulations”) for any of the following purposes—

(a) 40the nuclear safety purposes;

(b) the nuclear security purposes;

(c) the nuclear safeguards purposes;

(d) the transport purposes.

(2) Schedule 6 (which gives examples of particular kinds of provision that may be
made by nuclear regulations) has effect.

(3) Nuclear regulations may—

(a) confer functions on the ONR;

(b) 5create powers which inspectors may be authorised to exercise by their
instruments of appointment under paragraph 2 of Schedule 8;

(c) create offences (as to which see section 64);

(d) modify—

(i) any of the provisions of the Nuclear Installations Act 1965 that
10are relevant statutory provisions;

(ii) any provision of the Nuclear Safeguards Act 2000;

(e) provide for exemptions (including conditional exemptions) from any
prohibition or requirement imposed by or under any of the relevant
statutory provisions;

(f) 15provide for defences in relation to offences under any of the relevant
statutory provisions;

(g) provide for references in the regulations to any specified document to
operate as references to that document as revised or re-issued from
time to time.

(4) 20Provision that may be included by virtue of subsection (3)(a) includes, in
particular,—

(a) provision requiring compliance with directions by the ONR;

(b) provision conferring power for the ONR to authorise other persons to
exercise functions relating to the grant of exemptions of a kind
25mentioned in subsection (3)(e).

(5) Nuclear regulations may make provision—

(a) applying to acts done outside the United Kingdom by United Kingdom
persons;

(b) for enabling offences under any of the relevant statutory provisions to
30be treated as having been committed at any specified place for the
purpose of conferring jurisdiction on any court in relation to any such
offence.

(6) In subsection (5) “United Kingdom person” means—

(a) an individual who is—

(i) 35a British citizen, a British overseas territories citizen, a British
National (Overseas) or a British Overseas citizen,

(ii) a person who under the British Nationality Act 1981 is a British
subject, or

(iii) a British protected person within the meaning of that Act,

(b) 40a Scottish partnership, or

(c) a body incorporated under the law of any part of the United Kingdom.

(7) Before making nuclear regulations, the Secretary of State must consult—

(a) the ONR,

(b) if the regulations would modify any provision of health and safety
45regulations (within the meaning of Part 1 of the 1974 Act), the Health
and Safety Executive, and

(c) such other persons (if any) as the Secretary of State considers it
appropriate to consult.