Energy Bill (HL Bill 30)

(8) Subsection (7)(a) does not apply if the regulations give effect, without
modification, to proposals submitted by the ONR under section 69(1)(a)(i).

(9) Nuclear regulations which include any provisions to which any paragraph of
subsection (10) applies must identify those provisions as such.

(10) 5This subsection applies to any provisions of nuclear regulations which are
made for—

(a) the nuclear security purposes,

(b) the nuclear safeguards purposes, or

(c) both of those purposes,

10and for no other purpose.

(11) In this section (and Schedule 6) “specified” means specified in nuclear
regulations.

64 Nuclear regulations: offences

(1) Nuclear regulations may provide for an offence under the regulations to be
15triable—

(a) only summarily, or

(b) either summarily or on indictment.

(2) Nuclear regulations may provide for an offence under the regulations that is
triable either way to be punishable—

(a) 20on conviction on indictment—

(i) with imprisonment for a term not exceeding the period
specified, which may not exceed 2 years,

(ii) with a fine, or

(iii) with both,

(b) 25on summary conviction—

(i) with imprisonment for a term not exceeding the period
specified,

(ii) with, in England and Wales, a fine or, in Scotland or Northern
Ireland, a fine not exceeding the amount specified (which must
30not exceed £20,000), or

(iii) with both.

(3) A period specified under subsection (2)(b)(i) may not exceed—

(a) in relation to England and Wales—

(i) 6 months, in relation to offences committed before the date on
35which section 154(1) of the Criminal Justice Act 2003 (general
limit on magistrates’ court’s power to imprison) comes into
force,

(ii) 12 months, in relation to offences committed after that date,

(b) in relation to Scotland, 12 months,

(c) 40in relation to Northern Ireland, 6 months.

(4) Nuclear regulations may provide for a summary offence under the regulations
to be punishable—

(a) with imprisonment for a term not exceeding the period specified,

(b) with—

(i) in England and Wales, a fine (or a fine not exceeding an amount
specified, which must not exceed level 4 on the standard scale),
or

(ii) in Scotland or Northern Ireland, a fine not exceeding the
5amount specified, which must not exceed level 5 on the
standard scale, or

(c) with both.

(5) A period specified under subsection (4)(a) may not exceed—

(a) in relation to England and Wales—

(i) 106 months, in relation to offences committed before the date on
which section 281(5) of the Criminal Justice Act 2003 (alteration
of penalties for summary offences) comes into force, or

(ii) 51 weeks, in relation to offences committed after that date,

(b) in relation to Scotland, 12 months,

(c) 15in relation to Northern Ireland, 6 months.

(6) In this section “specified” means specified in nuclear regulations.

65 Nuclear regulations: civil liability

(1) Nuclear regulations may provide for breach of a relevant nuclear duty to be
actionable (whether or not they also provide for it to be an offence).

(2) 20Except so far as nuclear regulations provide, any such breach does not give rise
to a claim for breach of statutory duty.

(3) Nuclear regulations may provide for—

(a) defences in relation to any action for breach of a relevant nuclear duty;

(b) any term of an agreement which purports to exclude or restrict liability
25for breach of a relevant nuclear duty to be void.

(4) For this purpose “relevant nuclear duty” means a duty imposed by—

(a) nuclear regulations, or

(b) any provision of, or made under, the Nuclear Installations Act 1965 that
is a relevant statutory provision.

(5) 30Nothing in this section affects any right of action or defence which otherwise
exists or may be available.

CHAPTER 3 Office for Nuclear Regulation

66 The Office for Nuclear Regulation

(1) There is to be a body corporate known as the Office for Nuclear Regulation.

(2) 35In this Part that body is referred to as “the ONR”.

(3) Schedule 7 makes further provision about the ONR.

CHAPTER 4 Functions of the ONR

Functions of ONR: general

67 Principal function

(1) The ONR must do whatever it considers appropriate for the ONR’s purposes.

(2) 5That includes, so far as it considers appropriate, assisting and encouraging
others to further those purposes.

68 Codes of practice

(1) The ONR may, with the consent of the Secretary of State, issue codes of practice
giving practical guidance as to the requirements of any provision of the
10relevant statutory provisions.

(2) The ONR may, with the consent of the Secretary of State, revise or withdraw a
code of practice issued under this section.

(3) Before seeking the consent of the Secretary of State under subsection (1) or (2),
the ONR must consult—

(a) 15any government department or other person that the Secretary of State
has directed the ONR to consult, and

(b) any other government department or other person that the ONR
considers it appropriate to consult.

(4) A direction under subsection (3)(a) may be general or may relate to a particular
20code, or codes of a particular kind.

(5) The ONR must—

(a) publish any code of practice issued under this section;

(b) when it revises such a code, publish a copy of the revised code;

(c) when it withdraws such a code, publish a notice to that effect.

(6) 25A code of practice (including a revised code) must specify the relevant
statutory provisions to which it relates.

(7) References in this Part to an approved code of practice are references to a code
issued under this section as it has effect for the time being.

(8) A person’s failure to observe any provision of an approved code of practice
30does not of itself make the person liable to any civil or criminal proceedings.

(9) But subsections (10) to (12) apply to any proceedings for an offence where—

(a) the offence consists of failing to comply with any requirement or
prohibition imposed by or under any of the relevant statutory
provisions, and

(b) 35at the time of the alleged failure, there was an approved code of practice
relating to the provision.

(10) Any provision of the code of practice which appears to the court to be relevant
to the alleged offence is admissible in evidence in the proceedings.

(11) Where—

(a) in order to establish that the defendant failed to comply with the
requirement or prohibition, the prosecution must prove any matter,

(b) the court is satisfied that a provision of the code of practice is relevant
to that matter, and

(c) 5the prosecution prove that, at a material time, the defendant failed to
observe that provision of the code of practice,

that matter is to be taken as proved unless the defendant proves that the
requirement or prohibition was complied with in some other way.

(12) A document purporting to be an approved code of practice is to be taken to be
10such an approved code unless the contrary is proved.

69 Proposals about orders and regulations

(1) The ONR may from time to time—

(a) submit proposals to the Secretary of State for—

(i) nuclear regulations,

(ii) 15regulations under section 73,

(iii) regulations under section 89,

(iv) health and safety fees regulations, or

(v) orders or regulations under a relevant enactment;

(b) submit proposals to the Health and Safety Executive for relevant health
20and safety regulations.

(2) In this section—

• “health and safety fees regulations” means regulations under section 43(2)
  of the 1974 Act in relation to fees payable for or in connection with the
  performance of a function by or on behalf of—

  (a)

  25the ONR, or

  (b)

  a health and safety inspector;

• “relevant enactment” means—

  (a)

  section 3 of the Nuclear Safeguards and Electricity (Finance) Act
  1978 (regulations for giving effect to certain provisions of
  30Safeguards Agreement);

  (b)

  section 3 of the Nuclear Safeguards Act 2000 (identifying
  persons who have information);

  (c)

  section 5(3) of that Act (rights of access for Agency inspectors);

  (d)

  section 80 of the Anti-terrorism, Crime and Security Act 2001
  35(prohibition of disclosures of uranium enrichment technology);

• “relevant health and safety regulations” means regulations under section
  15 of the 1974 Act so far as they can be made for the nuclear site health
  and safety purposes.

(3) Before submitting any such proposal, the ONR must consult—

(a) 40any government department or other person that the Secretary of State
has directed the ONR to consult, and

(b) any other government department or other person that the ONR
considers it appropriate to consult.

(4) A direction under subsection (3)(a) may be general or may relate to a particular
45proposal, or to proposals of a particular kind.

70 Enforcement of relevant statutory provisions

(1) The ONR must make adequate arrangements for the enforcement of the
relevant statutory provisions.

(2) In this Part, “relevant statutory provisions” means—

(a) 5the provisions of—

this Part, and

nuclear regulations;

(b) the provisions made by or under the following sections of the Nuclear
Installations Act 1965, so far as they have effect in England and Wales
10or Scotland—

section 1;

sections 3 to 6;

section 22;

section 24A; and

(c) 15the provisions of the Nuclear Safeguards Act 2000.

71 Inspectors

Schedule 8 (appointment and powers of inspectors) has effect.

72 Investigations

(1) The ONR may—

(a) 20investigate and make a report (“a special report”) on any relevant
matter, or

(b) authorise another person to do so.

(2) The ONR may publish or arrange for the publication of—

(a) a special report, or

(b) 25so much of a special report as the ONR considers appropriate.

(3) In this section “relevant matter” means any accident, occurrence, situation or
other matter which the ONR considers it necessary or desirable to
investigate—

(a) for any of the ONR’s purposes, or

(b) 30with a view to the making of—

(i) nuclear regulations, or

(ii) regulations under section 15 of the 1974 Act (health and safety
regulations) so far as they can be made for the nuclear site
health and safety purposes.

(4) 35The ONR may pay such remuneration, expenses and allowances as it may
determine to a person who—

(a) is not a member or member of staff of the ONR, and

(b) investigates a relevant matter or makes a special report under
subsection (1), or assists in doing so.

(5) 40The ONR may make such payments as it may determine to meet the other costs
(if any) of an investigation or special report under subsection (1).

(6) The ONR must consult the Office of Rail Regulation before taking any step
under subsection (1) in relation to a matter which appears to the ONR to be, or

likely to be, relevant to the railway safety purposes (within the meaning given
in paragraph 1 of Schedule 3 to the Railways Act 2005).

(7) Subsection (2) is subject to section 82.

73 Inquiries

(1) 5The ONR may, with the consent of the Secretary of State, direct an inquiry to
be held into any matter if it considers the inquiry necessary or desirable for any
of the ONR’s purposes.

(2) In this Part “ONR inquiry” means an inquiry under this section.

(3) An ONR inquiry must be held in accordance with regulations made by the
10Secretary of State.

(4) Except as provided by the regulations—

(a) an ONR inquiry is to be held in public; and

(b) any report made by the person holding an ONR inquiry is to be
published.

(5) 15The regulations may in particular make provision—

(a) conferring on the person holding an ONR inquiry and any person
assisting that person—

(i) powers of entry and inspection;

(ii) powers of summoning witnesses to give evidence or produce
20documents;

(iii) power to take evidence on oath and to administer oaths;

(iv) power to require the making of declarations;

(b) as to circumstances in which—

(i) an ONR inquiry or any part of it is to be held in private;

(ii) 25any report, or part of a report, made by the person holding an
ONR inquiry is not to be published;

(c) conferring functions on the ONR or the Secretary of State;

(d) creating summary offences.

(6) An offence under the regulations may be made punishable with—

(a) 30in England and Wales, a fine (or a fine not exceeding an amount
specified, which must not exceed level 4 on the standard scale), or

(b) in Scotland or Northern Ireland, a fine not exceeding the amount
specified, which must not exceed level 5 on the standard scale.

(7) Subsection (8) applies where—

(a) 35the ONR directs an ONR inquiry to be held into a matter arising in
Scotland, and

(b) the matter in question causes the death of a person.

(8) Unless the Lord Advocate otherwise directs, no inquiry is to be held with
regard to the death of that person under the Fatal Accidents and Sudden
40Deaths Inquiry (Scotland) Act 1976.

74 Inquiries: payments and charges

(1) The ONR may pay such remuneration, expenses and allowances as it may
determine to—

(a) a person holding an ONR inquiry;

(b) any assessor appointed to assist a person holding an ONR inquiry.

(2) The ONR may pay to persons attending an ONR inquiry as witnesses such
expenses as it may determine.

(3) 5The ONR may make such payments as it may determine to meet the other costs
(if any) of an ONR inquiry.

(4) The ONR may require such person or persons to make such payments to it as
it considers appropriate in connection with an ONR inquiry.

(5) The aggregate of the payments required under subsection (4) must not exceed
10the ONR’s costs that are attributable to the ONR inquiry.

(6) No payment may be required under subsection (4) except with the consent of
the Secretary of State.

Other functions

75 Provision of information

(1) 15The ONR must make such arrangements as it considers appropriate for
providing information that it holds that is relevant to the ONR’s purposes.

(2) Arrangements that may be made under subsection (1) are arrangements of any
description, including arrangements—

(a) for providing information to any person or category of persons
20(whether or not concerned with matters relevant to the ONR’s
purposes);

(b) for providing information on request or on the ONR’s initiative;

(c) for providing only such information as the ONR considers appropriate.

(3) This section is subject to section 82.

76 25Research, training etc

(1) The ONR—

(a) may carry out research in connection with the ONR’s purposes, or
arrange for such research to be carried out on its behalf, and

(b) must, if it considers it appropriate to do so, publish the results of any
30such research or arrange for them to be published.

(2) The ONR may make payments for research to be carried out in connection with
the ONR’s purposes and for the dissemination of information derived from
such research.

(3) The ONR may provide, or make arrangements for the provision of, training to
35any person in connection with the ONR’s purposes.

(4) Arrangements under subsection (3) may include provision for payments to be
made to the ONR by or on behalf of—

(a) other parties to the arrangements,

(b) persons to whom the training is provided.

77 Provision of information or advice to relevant authorities

(1) The ONR must, on request, provide a relevant authority with relevant
information or relevant advice.

(2) Relevant information is information about the ONR’s activities which is
5requested—

(a) in the case of information requested by a Minister of the Crown—

(i) for the purpose of monitoring the ONR’s performance of its
functions, or

(ii) for the purpose of any proceedings in Parliament,

(b) 10in any case, in connection with any matter with which the relevant
authority requesting it is concerned.

(3) The reference in subsection (2) to the ONR’s activities includes a reference to—

(a) the activities of inspectors appointed by the ONR under—

(i) Schedule 8,

(ii) 15section 19 of the 1974 Act, or

(iii) Article 26 of the Regulatory Reform (Fire Safety) Order 2005 (S.I.
2005/2541),

in their capacity as such inspectors, and

(b) the activities of enforcing officers appointed by the ONR under section
2061(3) of the Fire (Scotland) Act 2005 (asp. 5)2005 (asp. 5) in their capacity as such
enforcing officers.

(4) Relevant advice is advice on a matter with which the relevant authority
requesting it is concerned where the matter—

(a) is relevant to the ONR’s purposes, or

(b) 25is one on which expert advice is obtainable from any member or
member of staff of the ONR.

(5) The ONR may require a relevant authority to whom information or advice is
provided under subsection (1) to pay a fee in respect of the ONR’s costs
reasonably incurred in providing the authority with—

(a) 30relevant information requested under subsection (2)(b), or

(b) relevant advice.

(6) The Secretary of State may by regulations provide that subsection (5) is not to
apply in particular cases or classes of case or in particular circumstances.

(7) The duty under subsection (1) is in addition to any other duty or power of the
35ONR to provide information or advice.

(8) In this section “relevant authority” means any of the following—

(a) a Minister of the Crown;

(b) the Scottish Ministers;

(c) the Welsh Ministers;

(d) 40a Northern Ireland Department;

(e) the Health and Safety Executive;

(f) the Health and Safety Executive for Northern Ireland;

(g) the Civil Aviation Authority;

(h) the Office of Rail Regulation.

78 Arrangements with government departments etc

(1) If the condition in subsection (2) is met, the ONR may enter into an agreement
with a Minister of the Crown, a government department or a public authority
for the ONR to perform any function exercisable by the Minister, department
5or authority.

(2) The condition is that—

(a) the function is—

(i) a function of the Health and Safety Executive of investigating or
making a special report under section 14 of the 1974 Act, or

(ii) 10a function of the Office of Rail Regulation of investigating or
making a special report under paragraph 4 of Schedule 3 to the
Railways Act 2005, or

(b) the Secretary of State considers that the function in question can
appropriately be performed by the ONR.

(3) 15The functions to which an agreement under subsection (1) may relate—

(a) in the case of an agreement with a Minister of the Crown, include a
function not conferred by an enactment;

(b) do not include any power to make regulations or other instruments of
a legislative character.

(4) 20An agreement under subsection (1) may provide for functions to be performed
with or without payment.

(5) The ONR may provide services or facilities, with or without payment,
otherwise than for the ONR’s purposes, to a government department or public
authority in connection with the exercise of that department’s or authority’s
25functions.

79 Provision of services or facilities

(1) The ONR may provide services and facilities for the ONR’s purposes to any
person.

(2) The ONR may, with the consent of the Secretary of State, provide any relevant
30services to any person, whether or not in the United Kingdom.

(3) In subsection (2), “relevant services” means services which—

(a) are not relevant to the ONR’s purposes, but

(b) are in a field in which any member or member of staff of the ONR has
particular expertise.

(4) 35The Secretary of State may give consent for the purposes of subsection (2)—

(a) in relation to particular arrangements for the provision of services, or

(b) generally in relation to such arrangements of a particular description.

(5) Arrangements for the provision of services to a person under subsection (2) are
to be on such terms as to payment as that person and the ONR may agree.

40Exercise of functions: general

80 Directions from Secretary of State

(1) The Secretary of State may give the ONR a direction as to the exercise by it of—

(a) its functions generally, or

(b) any of its functions specifically.

(2) A direction given by the Secretary of State under subsection (1)—

(a) may modify a function of the ONR, but

(b) 5must not confer functions on the ONR (other than a function of which
it was deprived by a previous direction given under this section).

(3) The Secretary of State may give the ONR such directions as appear to the
Secretary of State to be necessary or desirable in the interests of national
security.

(4) 10A direction given by the Secretary of State under subsection (3) may—

(a) modify a function of the ONR,

(b) confer a function on the ONR.

(5) A direction under subsection (1) or (3) must not be given in relation to the
exercise of a regulatory function in a particular case.

(6) 15If the Secretary of State is satisfied that there are exceptional circumstances
relating to national security which justify giving a direction under this
subsection, the Secretary of State may give the ONR a direction as to the
exercise by the ONR of a regulatory function in a particular case.

(7) A direction given under subsection (6) must be for the nuclear security
20purposes.

(8) The Secretary of State must lay before Parliament a copy of any direction given
under this section.

(9) Subsection (8) does not apply to a direction under subsection (6) if the Secretary
of State considers that publishing the direction would be contrary to the
25interests of national security; but, in that event, the Secretary of State must lay
before Parliament a memorandum stating that such a direction has been given
and the date on which it was given.

81 Compliance with nuclear safeguards obligations

(1) The ONR must do such things as it considers best calculated to secure
30compliance by the United Kingdom or, as the case may be, to enable or
facilitate compliance by a Minister of the Crown, with the safeguards
obligations.

(2) For the purposes of this Part “the safeguards obligations” are—

(a) Articles 77 to 85 of the Treaty establishing the European Atomic Energy
35Community, signed at Rome on 25 March 1957,

(b) the agreement made on 6 September 1976 between the United
Kingdom, the European Atomic Energy Community and the
International Atomic Energy Agency for the application of safeguards
in the United Kingdom in connection with the Treaty on the Non-
40Proliferation of Nuclear Weapons,

(c) the protocol signed at Vienna on 22 September 1998 additional to the
agreement mentioned in paragraph (b), and

(d) such other obligations, agreements or arrangements relating to nuclear
safeguards as may be specified in a notice given to the ONR by the
45Secretary of State;