Energy Bill (HL Bill 48)

(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;

(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 188

  (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—