Energy Bill (HL Bill 48)

(2) The Secretary of State may give a notice to the ONR under this section
specifying 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) 5Before giving a notice under this section, the Secretary of State must consult the
ONR.

(5) In this section “civil nuclear premises” has the same meaning as in section 62.

64 Nuclear safeguards purposes

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

(a) 10ensuring compliance by the United Kingdom or, as the case may be,
enabling or facilitating compliance by a Minister of the Crown, with the
safeguards obligations, and

(b) the development of any future safeguards obligations.

(2) In subsection (1)(a) “the safeguards obligations” has the meaning given by
15section 84.

65 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
20out 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
25department 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,
30and

(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
35destination.

(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);

• 40“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

  Energy BillPage 61

  Regulation 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) 5The Secretary of State may by regulations modify the definition of “radioactive
material”.

CHAPTER 2 Nuclear regulations

66 Nuclear regulations

(1) The Secretary of State may make regulations (to be known as “nuclear
10regulations”) for any of the following purposes—

(a) the nuclear safety purposes;

(b) the nuclear security purposes;

(c) the nuclear safeguards purposes;

(d) the transport purposes.

(2) 15Schedule 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) create powers which inspectors may be authorised to exercise by their
20instruments of appointment under paragraph 2 of Schedule 8;

(c) create offences (as to which see section 67);

(d) modify—

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

(ii) 25any 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) provide for defences in relation to offences under any of the relevant
30statutory 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) Provision that may be included by virtue of subsection (3)(a) includes, in
35particular,—

(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
mentioned in subsection (3)(e).

(5) 40Nuclear 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
be 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) 5In subsection (5) “United Kingdom person” means—

(a) an individual who is—

(i) a 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
10subject, or

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

(b) a 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) 15the ONR,

(b) if the regulations would modify any provision of health and safety
regulations (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
20appropriate to consult.

(8) Subsection (7)(a) does not apply if the regulations give effect, without
modification, to proposals submitted by the ONR under section 72(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) 25This 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,

30and for no other purpose.

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

67 Nuclear regulations: offences

(1) Nuclear regulations may provide for an offence under the regulations to be
35triable—

(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) 40on 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) 45on 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
5not 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
10which 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) 15in 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) 20in 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
amount specified, which must not exceed level 5 on the
25standard scale, or

(c) with both.

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

(a) in relation to England and Wales—

(i) 6 months, in relation to offences committed before the date on
30which 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) in relation to Northern Ireland, 6 months.

(6) 35In this section “specified” means specified in nuclear regulations.

68 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) Except so far as nuclear regulations provide, any such breach does not give rise
40to 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
for breach of a relevant nuclear duty to be void.

(4) 45For 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) Nothing in this section affects any right of action or defence which otherwise
5exists or may be available.

CHAPTER 3 Office for Nuclear Regulation

69 The Office for Nuclear Regulation

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

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

(3) 10Schedule 7 makes further provision about the ONR.

CHAPTER 4 Functions of the ONR

Functions of ONR: general

70 Principal function

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

(2) 15That includes, so far as it considers appropriate, assisting and encouraging
others to further those purposes.

71 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
20relevant 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) 25any 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
30code, 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) A 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) 5A person’s failure to observe any provision of an approved code of practice
does 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
10provisions, and

(b) at 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) 15Where—

(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) 20the 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
25such an approved code unless the contrary is proved.

72 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) 30regulations under section 76,

(iii) regulations under section 92,

(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
35and 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)

  40the 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
  45Safeguards Agreement);

  Energy BillPage 66

  (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
  5(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) 10any 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
15proposal, or to proposals of a particular kind.

73 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) 20the 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
25or Scotland—

section 1;

sections 3 to 6;

section 22;

section 24A; and

(c) 30the provisions of the Nuclear Safeguards Act 2000.

74 Inspectors

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

75 Investigations

(1) The ONR may—

(a) 35investigate 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) 40so 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) 5with 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) 10The 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) 15The 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
20in paragraph 1 of Schedule 3 to the Railways Act 2005).

(7) Subsection (2) is subject to section 85.

76 Inquiries

(1) The 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
25of 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
Secretary of State.

(4) Except as provided by the regulations—

(a) 30an 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) The regulations may in particular make provision—

(a) conferring on the person holding an ONR inquiry and any person
35assisting that person—

(i) powers of entry and inspection;

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

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

(iv) 40power 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) any report, or part of a report, made by the person holding an
ONR inquiry is not to be published;

(c) 45conferring 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) 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

(b) 5in 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) the ONR directs an ONR inquiry to be held into a matter arising in
Scotland, and

(b) 10the 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
Deaths Inquiry (Scotland) Act 1976.

77 Inquiries: payments and charges

(1) 15The 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
20expenses as it may determine.

(3) The 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) 25The aggregate of the payments required under subsection (4) must not exceed
the 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

78 30Provision of information

(1) The 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) 35for providing information to any person or category of persons
(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) 40This section is subject to section 85.

79 Research, 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) 5must, if it considers it appropriate to do so, publish the results of any
such 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) 10The ONR may provide, or make arrangements for the provision of, training to
any 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) 15persons to whom the training is provided.

80 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
20requested—

(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) 25in 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) 30section 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
3561(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) 40is 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) 45relevant information requested under subsection (2)(b), or