Energy Bill (HL Bill 48)

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 72(1)(a)(v) 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 88 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 88 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 72(1)(a)(v) 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
72(1)(a)(v) 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
72(1)(a)(v) 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

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 66 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).”