Energy Bill (HL Bill 48)

(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
5ONR 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) 10a 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.

81 15Arrangements 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
or authority.

(2) 20The 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) a function of the Office of Rail Regulation of investigating or
25making 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) The functions to which an agreement under subsection (1) may relate—

(a) 30in 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) An agreement under subsection (1) may provide for functions to be performed
35with 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
functions.

82 40Provision 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
services 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) 5are in a field in which any member or member of staff of the ONR has
particular expertise.

(4) The 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) 10Arrangements 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.

Exercise of functions: general

83 Directions from Secretary of State

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

(a) 15its 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) must not confer functions on the ONR (other than a function of which
20it 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) A direction given by the Secretary of State under subsection (3) may—

(a) 25modify 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) If the Secretary of State is satisfied that there are exceptional circumstances
30relating 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
purposes.

(8) 35The 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
interests of national security; but, in that event, the Secretary of State must lay
40before Parliament a memorandum stating that such a direction has been given
and the date on which it was given.

84 Compliance with nuclear safeguards obligations

(1) The ONR must do such things as it considers best calculated to secure
compliance by the United Kingdom or, as the case may be, to enable or
facilitate compliance by a Minister of the Crown, with the safeguards
5obligations.

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

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

(b) the agreement made on 6 September 1976 between the United
10Kingdom, 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-
Proliferation of Nuclear Weapons,

(c) the protocol signed at Vienna on 22 September 1998 additional to the
15agreement 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
Secretary of State;

and any reference in paragraphs (a) to (c) to a treaty, agreement or protocol is
20to it as it has effect for the time being.

(3) The Secretary of State may vary or revoke a notice given under subsection
(2)(d) 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) 25The ONR must publish any notice given under this section.

(6) Subsection (1) is not to be taken to affect the generality of section 70.

85 Consent of Secretary of State for certain communications

(1) The ONR must not issue any communication to which this section applies
except with the consent of the Secretary of State.

(2) 30This section applies to—

(a) any—

(i) security guidance, or

(ii) statement of the ONR’s nuclear security policy,

that the ONR considers concerns any matter to which any government
35policy on national security relates;

(b) any other communication of a description that the Secretary of State has
directed should be submitted to the Secretary of State before being
issued.

This is subject to subsection (3).

(3) 40This section does not apply to—

(a) a code of practice issued under section 71;

(b) the ONR’s strategy or annual plan or a report under paragraph 24 of
Schedule 7;

(c) advice given in a particular case.

(4) 45In this section—

Energy BillPage 73

• “government policy on national security” means any current policy which
  relates to national security and—

  (a)

  has been published by or on behalf of Her Majesty’s
  Government, or

  (b)

  5has been notified to the ONR by the Secretary of State;

• “security guidance” means any guidance to which the ONR’s nuclear
  security policy is relevant;

• “the ONR’s nuclear security policy” means the ONR’s policy with respect
  to the exercise of its functions, or the functions of inspectors, so far as
  10relevant to the nuclear security purposes.

(5) The Secretary of State may give a direction under subsection (2)(b) in relation
to a description of communication only if it appears to the Secretary of State—

(a) that—

(i) a communication of that description might contain security
15guidance or information about the ONR’s nuclear security
policy, or

(ii) the ONR’s nuclear security policy might otherwise be relevant
to such a communication, and

(b) that such a communication might concern any matter to which any
20government policy on national security relates.

(6) The Secretary of State may give the ONR a general consent in relation to the
issue of a particular description of communication which would otherwise fall
within subsection (2)(a).

(7) If the Secretary of State has given such a general consent, the ONR need not
25seek the Secretary of State’s particular consent in relation to the issue of a
communication of that description unless directed by the Secretary of State to
do so.

86 Power to arrange for exercise of functions by others

(1) If the condition in subsection (2) is satisfied, the ONR may make arrangements
30with a government department or other person for that department or person
to perform any of the ONR’s functions, with or without payment.

(2) That condition is that the Secretary of State considers that the function or
functions in question can appropriately be performed by the government
department or other person.

87 35Co-operation between ONR and Health and Safety Executive

(1) The Health and Safety Executive and the ONR must enter into and maintain
arrangements with each other for securing co-operation and the exchange of
information in connection with the carrying out of any of their functions.

(2) The Health and Safety Executive and the ONR must—

(a) 40review the arrangements from time to time, and

(b) revise them when they consider it appropriate to do so.

Information etc

88 Power to obtain information

(1) The ONR may by notice require a person to provide information which the
ONR needs for carrying out its functions.

5This is subject to subsection (4).

This is subject to subsection (4).

(2) A notice may require information to be provided—

(a) in a specified form or manner;

(b) at a specified time;

(c) 10in respect of a specified period.

(3) In particular, a notice may require the person to whom it is given to make
returns to the ONR containing information about matters specified in the
notice at times or intervals so specified.

(4) No notice may be given under this section which imposes a requirement which
15could be imposed by a notice served by the ONR under section 2 of the Nuclear
Safeguards Act 2000 (information and records for purposes of the Additional
Protocol).

(5) It is an offence to refuse or fail to comply with a notice under this section.

(6) A person who commits an offence under this section is liable—

(a) 20on summary conviction, to—

(i) in England and Wales, a fine, or

(ii) in Scotland or Northern Ireland, a fine not exceeding the
statutory maximum, or

(b) on conviction on indictment, to a fine.

89 25Powers of HMRC in relation to information

(1) The Commissioners for Her Majesty’s Revenue and Customs may disclose
information about imports to—

(a) the ONR,

(b) an inspector, or

(c) 30a health and safety inspector,

for the purpose of facilitating the ONR, inspector or health and safety inspector
to carry out any function.

(2) For this purpose, “information about imports” means information obtained or
held by the Commissioners for the purposes of the exercise of their functions
35in relation to imports.

(3) Information may be disclosed to the ONR, an inspector or a health and safety
inspector under subsection (1) whether or not the disclosure of the information
has been requested by or on behalf of the ONR, inspector or health and safety
inspector.

90 40HMRC power to seize articles etc to facilitate ONR and inspectors

(1) An officer of Revenue and Customs may seize any imported article or
substance and detain it for the purpose of facilitating the ONR or an inspector
to carry out any function under the relevant statutory provisions.

(2) It is an offence for a person intentionally to obstruct an officer of Revenue and
Customs in the exercise of powers under subsection (1).

(3) A person who commits an offence under subsection (2) is liable on summary
conviction—

(a) 5to imprisonment for a term not exceeding 51 weeks (in England and
Wales), 12 months (in Scotland) or 6 months (in Northern Ireland),

(b) to—

(i) in England and Wales, a fine, or

(ii) in Scotland or Northern Ireland, a fine not exceeding level 5 on
10the standard scale, or

(c) to both.

(4) In relation to an offence committed before the commencement of section 281(5)
of the Criminal Justice Act 2003 (alteration of penalties for summary offences),
the reference in subsection (3)(a), as it has effect in England and Wales, to 51
15weeks is to be read as a reference to 6 months.

(5) Anything seized and detained under subsection (1)—

(a) must not be detained for more than 2 working days, and

(b) must be dealt with during the period of detention in such manner as the
Commissioners for Her Majesty’s Revenue and Customs may direct.

(6) 20In subsection (5), the reference to 2 working days is a reference to the period of
48 hours beginning when the article or substance in question is seized but
disregarding any time falling on a Saturday or Sunday, or on Good Friday or
Christmas Day or on a day which is a bank holiday in the part of the United
Kingdom where it is seized.

91 25Disclosure of information

Schedule 9 (disclosure of information) has effect.

Fees

92 Fees

(1) The Secretary of State may by regulations provide for fees to be payable for, or
30in connection with, the performance of any of the following functions
(whenever conferred)—

(a) any function of the ONR or an inspector under any of the relevant
statutory provisions;

(b) any function of the ONR under regulations under section 80 of the
35Anti-terrorism, Crime and Security Act 2001 (prohibition of disclosures
of uranium enrichment technology);

(c) any function of any other person under any of the relevant statutory
provisions.

(2) The amount of any fee under regulations under this section must be—

(a) 40specified in the regulations, or

(b) determined by or in accordance with the regulations.

(3) Regulations under this section may provide for the amounts of fees to be
different in different cases and, in particular, for fees in respect of the same
function to be of different amounts in different circumstances.

(4) Regulations under this section may not provide for a fee to be payable by
5anyone in the capacity of—

(nonenone) an employee,

(nonenone) a person seeking employment,

(nonenone) a person training for employment, or

(nonenone) a person seeking training for employment.

(5) 10For the purposes of subsection (4)—

(a) “employee” and “employment” have the same meanings as in Part 1 of
the 1974 Act, and

(b) an industrial rehabilitation course provided by virtue of the
Employment and Training Act 1973 is to be treated as training for
15employment.

(6) Before making regulations under subsection (1), the Secretary of State must
consult—

(a) the ONR, and

(b) such other persons (if any) as the Secretary of State considers it
20appropriate to consult.

(7) Subsection (6)(a) does not apply if the regulations give effect, without
modification, to any proposals submitted by the ONR under section
72(1)(a)(iii).

CHAPTER 5 Supplementary

25General duties of employers, employees and others

93 General duty of employees at work in relation to requirements imposed on
others

(1) Every employee, while at work, must co-operate with any person (whether or
not the employer) on whom a requirement is imposed by or under any relevant
30provision so far as necessary to enable the requirement to be complied with.

(2) Failure to comply with the duty in subsection (1) is an offence.

(3) A person who commits an offence under subsection (2) is liable—

(a) on summary conviction—

(i) to imprisonment for a term not exceeding 12 months (in
35England and Wales or Scotland) or 6 months (in Northern
Ireland),

(ii) to a fine (in England and Wales) or a fine not exceeding the
statutory maximum (in Scotland or Northern Ireland), or

(iii) to both;

(b) 40on conviction on indictment—

(i) to imprisonment for a term not exceeding 2 years,

(ii) to a fine, or

(iii) to both.

(4) In the application of subsection (3) to England and Wales in relation to an
offence committed before the commencement of section 154(1) of the Criminal
5Justice Act 2003 (general limit on magistrates’ court’s power to imprison), the
reference in subsection (3)(a)(i) to 12 months is to be read as a reference to 6
months.

(5) In this section—

(a) “employee” and “employer” have the same meanings as in Part 1 of the
101974 Act (see sections 52 and 53(1) of that Act), and

(b) “relevant provision” means any of the relevant statutory provisions
other than—

(i) any provision of the Nuclear Safeguards Act 2000,

(ii) any provision of nuclear regulations which is identified under
15section 66(9) as having been made solely for the nuclear
safeguards purposes.

94 Duty not to interfere with or misuse certain things provided under statutory
requirements

(1) It is an offence intentionally or recklessly to interfere with or misuse anything
20provided in the interests of health, safety or welfare in pursuance of any of the
relevant statutory provisions.

(2) A person who commits an offence under this section is liable—

(a) on summary conviction—

(i) to imprisonment for a term not exceeding 12 months (in
25England and Wales or Scotland) or 6 months (in Northern
Ireland),

(ii) to a fine (in England and Wales) or a fine not exceeding £20,000
(in Scotland or Northern Ireland), or

(iii) to both;

(b) 30on conviction on indictment—

(i) to imprisonment for a term not exceeding 2 years,

(ii) to a fine, or

(iii) to both.

(3) In relation to an offence committed before the commencement of section 154(1)
35of the Criminal Justice Act 2003 (general limit on magistrates’ court’s powers
to imprison), the reference in subsection (2)(a)(i), as it has effect in England and
Wales, to 12 months is to be read as a reference to 6 months.

95 Duty not to charge employees for certain things

(1) It is an offence for an employer to impose a charge, or allow a charge to be
40imposed, on an employee in respect of anything done or provided in
pursuance of a specific requirement imposed by or under any relevant
provision.

(2) A person who commits an offence under this section is liable—

(a) on summary conviction to—

(i) 45in England and Wales, a fine, or

(ii) in Scotland or Northern Ireland, a fine not exceeding £20,000;

(b) on conviction on indictment, to a fine.

(3) In this section—

(a) “employer” and “employee” have the same meanings as in Part 1 of the
51974 Act (see section 53(1) of that Act), and

(b) “relevant provision” has the same meaning as in section 93.

Offences

96 Offences relating to false information and deception

(1) It is an offence for a person—

(a) 10to make a statement which the person knows to be false, or

(b) recklessly to make a statement which is false,

in the circumstances mentioned in subsection (2).

(2) Those circumstances are where the statement is made—

(a) in purported compliance with any requirement to provide information
15imposed by or under any of the relevant statutory provisions, or

(b) for the purposes of obtaining the issue of a document under any of the
relevant statutory provisions (whether for the person making the
statement or anyone else).

(3) It is an offence for a person—

(a) 20intentionally to make a false entry in a relevant document, or

(b) with intent to deceive, to make use of any such entry which the person
knows to be false.

(4) In subsection (3) “relevant document” means any register, record, notice or
other document which is required to be kept or given by or under any of the
25relevant statutory provisions.

(5) It is an offence for a person, with intent to deceive—

(a) to use a relevant document,

(b) to make or have possession of a document so closely resembling a
relevant document as to be calculated to deceive.

(6) 30In subsection (5) “relevant document” means a document—

(a) issued or authorised to be issued under any of the relevant statutory
provisions, or

(b) required for the purpose of any of those provisions.

(7) A person who commits an offence under this section is liable—

(a) 35on summary conviction—

(i) to imprisonment for a term not exceeding 12 months (in
England and Wales or Scotland) or 6 months (in Northern
Ireland),

(ii) to a fine (in England and Wales) or a fine not exceeding £20,000
40(in Scotland or Northern Ireland), or

(iii) to both;

(b) on conviction on indictment—

(i) to imprisonment for a term not exceeding 2 years,

(ii) to a fine, or

(iii) to both.

(8) 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 powers
5to imprison), the reference in subsection (7)(a)(i), as it has effect in England and
Wales, to 12 months is to be read as a reference to 6 months.

97 Provision relating to offences under certain relevant statutory provisions

(1) Schedule 10 (provision relating to offences under certain relevant statutory
provisions) has effect.

(2) 10That Schedule contains provision about the following matters—

(a) the place where an offence involving plant or a substance may be
treated as having been committed;

(b) the extension of time for bringing summary proceedings in certain
cases;

(c) 15the continuation of offences;

(d) where an offence committed by one person is due to the act or default
of another person, the liability of that other person;

(e) offences by bodies corporate or partnerships;

(f) restrictions on the persons who may institute proceedings in England
20and Wales;

(g) powers of inspectors to prosecute offences;

(h) the burden of proof in certain cases relating to what is practicable or
what are the best means for doing something;

(i) reliance on entries in a register or other document as evidence;

(j) 25power of the court to order a defendant to take remedial action.

Civil liability

98 Civil liability: saving for section 12 of the Nuclear Installations Act 1965

Nothing in this Part affects the operation of section 12 of the Nuclear
Installations Act 1965 (right to compensation by virtue of certain provisions of
30that Act).

Supplementary

99 Reporting requirements of Secretary of State

(1) As soon as reasonably practicable after the end of the financial year, the
Secretary of State must make a report to each House of Parliament on the use
35of the Secretary of State’s powers under this Part during the year.

(2) The Secretary of State must lay a copy of any such report before Parliament.

100 Notices etc

(1) In this section references to a notice are to a notice or other document that is
required or authorised to be given to any person under a relevant provision.