Energy Bill (HL Bill 57)

(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.

93 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;

and any reference in paragraphs (a) to (c) to a treaty, agreement or protocol is
to 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) 5Before giving a notice under this section, the Secretary of State must consult the
ONR.

(5) The ONR must publish any notice given under this section.

(6) Subsection (1) is not to be taken to affect the generality of section 78.

94 Consent of Secretary of State for certain communications

(1) 10The ONR must not issue any communication to which this section applies
except with the consent of the Secretary of State.

(2) This section applies to—

(a) any—

(i) security guidance, or

(ii) 15statement of the ONR’s nuclear security policy,

that the ONR considers concerns any matter to which any government
policy 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
20issued.

This is subject to subsection (3).

(3) This section does not apply to—

(a) a code of practice issued under section 79;

(b) the ONR’s strategy or annual plan or a report under paragraph 24 of
25Schedule 7;

(c) advice given in a particular case.

(4) In this section—

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

  (a)

  30has been published by or on behalf of Her Majesty’s
  Government, or

  (b)

  has 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;

• 35“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
  relevant 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) 40that—

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

(ii) the ONR’s nuclear security policy might otherwise be relevant
45to such a communication, and

(b) that such a communication might concern any matter to which any
government 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
5within subsection (2)(a).

(7) If the Secretary of State has given such a general consent, the ONR need not
seek 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.

95 10Power to arrange for exercise of functions by others

(1) If the condition in subsection (2) is satisfied, the ONR may make arrangements
with 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
15functions in question can appropriately be performed by the government
department or other person.

96 Co-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
20information in connection with the carrying out of any of their functions.

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

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

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

Information etc

97 25Power to obtain information

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

This is subject to subsection (4).

This is subject to subsection (4).

(2) 30A notice may require information to be provided—

(a) in a specified form or manner;

(b) at a specified time;

(c) in respect of a specified period.

(3) In particular, a notice may require the person to whom it is given to make
35returns 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
could 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
40Protocol).

(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) on summary conviction, to—

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

(ii) in Scotland or Northern Ireland, a fine not exceeding the
5statutory maximum, or

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

98 Powers of HMRC in relation to information

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

(a) 10the ONR,

(b) an inspector, or

(c) a health and safety inspector,

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

(2) 15For this purpose, “information about imports” means information obtained or
held by the Commissioners for the purposes of the exercise of their functions
in 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
20has been requested by or on behalf of the ONR, inspector or health and safety
inspector.

99 HMRC 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
25to 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) 30to 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
35the 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
40weeks 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) In 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
5Kingdom where it is seized.

100 Disclosure of information

Schedule 9 (disclosure of information) has effect.

Fees

101 Fees

(1) 10The Secretary of State may by regulations provide for fees to be payable for, or
in 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) 15any function of the ONR under regulations under section 80 of the
Anti-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) 20The amount of any fee under regulations under this section must be—

(a) specified 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
25function to be of different amounts in different circumstances.

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

(nonenone) an employee,

(nonenone) a person seeking employment,

(nonenone) 30a person training for employment, or

(nonenone) a person seeking training for employment.

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

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

(b) 35an industrial rehabilitation course provided by virtue of the
Employment and Training Act 1973 is to be treated as training for
employment.

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

(a) 40the ONR, and

(b) such other persons (if any) as the Secretary of State considers it
appropriate 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
81(1)(a)(iii).

CHAPTER 5 Supplementary

5General duties of employers, employees and others

102 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
10provision 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
15England 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) 20on 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
25offence 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 in subsection (3)(a)(i) to 12 months is to be read as a reference to 6
months.

(5) In this section—

(a) 30“employee” and “employer” have the same meanings as in Part 1 of the
1974 Act (see section 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) 35any provision of nuclear regulations which is identified under
section 74(9) as having been made solely for the nuclear
safeguards purposes.

103 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
provided in the interests of health, safety or welfare in pursuance of any of the
5relevant 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
England and Wales or Scotland) or 6 months (in Northern
10Ireland),

(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) on conviction on indictment—

(i) 15to 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)
of the Criminal Justice Act 2003 (general limit on magistrates’ court’s powers
20to 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.

104 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
imposed, on an employee in respect of anything done or provided in
25pursuance 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) in England and Wales, a fine, or

(ii) 30in 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
1974 Act (see section 53(1) of that Act), and

(b) 35“relevant provision” has the same meaning as in section 102.

Offences

105 Offences relating to false information and deception

(1) It is an offence for a person—

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

(b) 40recklessly 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
imposed 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
5statement or anyone else).

(3) It is an offence for a person—

(a) intentionally 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) 10In 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
relevant statutory provisions.

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

(a) to use a relevant document,

(b) 15to make or have possession of a document so closely resembling a
relevant document as to be calculated to deceive.

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

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

(b) 20required for the purpose of any of those provisions.

(7) 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
England and Wales or Scotland) or 6 months (in Northern
25Ireland),

(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) on conviction on indictment—

(i) 30to 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
35to 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.

106 Provision relating to offences under certain relevant statutory provisions

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

(2) 40That 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) 45the 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
5and 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) 10power of the court to order a defendant to take remedial action.

Civil liability

107 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
15that Act).

Supplementary

108 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
20of 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.

109 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.

(2) 25A notice to the person must be in writing.

(3) A notice may be given by—

(a) delivering it to the person,

(b) leaving it at the person’s proper address,

(c) sending it by post to the person at that address, or

(d) 30in the case of a notice to be given to the owner or occupier of any
premises (whether or not a body corporate), in accordance with
subsection (9), (10) or (11).

(4) A notice may—

(a) in the case of a body corporate, be given in accordance with subsection
35(3) to a director, manager, secretary or other similar officer of the body
corporate, and

(b) in the case of a partnership, be given in accordance with subsection (3)
to a partner or a person having the control or management of the
partnership business or, in Scotland, the firm.

(5) For the purposes of this section and section 7 of the Interpretation Act 1978
(service of documents by post) in its application to this section, the “proper
address” is—

(a) in the case of a notice to be given to a body corporate or an officer of the
5body, the address of the registered or principal office of the body;

(b) in the case of a notice to be given to a partnership, a partner or a person
having the control or management of the partnership business, the
address of the principal office of the partnership;

(c) in any other case, the last known address of the person to whom the
10notice is to be given.

(6) For the purposes of subsection (5), the principal office of a company registered
outside the United Kingdom or of a partnership carrying on business outside
the United Kingdom is its principal office within the United Kingdom.

(7) Subsection (8) applies if—

(a) 15a person has specified an address in the United Kingdom as one at
which the person, or someone on the person’s behalf, will accept
documents of the same description as a notice, and

(b) the address so specified is not the person’s proper address (as
determined under subsection (5)).

(8) 20The specified address is also to be treated as the person’s proper address for
the purposes of this section and section 7 of the Interpretation Act 1978 in its
application to this section.

(9) A notice that is to be given to the owner or occupier of any premises may be
given by—

(a) 25sending it by post to the person at those premises, or

(b) addressing it by name to the person and delivering it to some
responsible person who is or appears to be resident or employed at the
premises.

(10) If the name or address of an owner or occupier of premises cannot be
30ascertained after reasonable inquiry, a notice to the owner or occupier may be
given by—

(a) addressing it by the description “owner” or “occupier” of the premises
to which the notice relates (and describing the premises), and

(b) delivering it to some responsible person who is or appears to be
35resident or employed there.

(11) If there is no person as mentioned in subsection (10)(b), then the notice may be
given by fixing it, or a copy of it, to some conspicuous part of the premises.

(12) This section is subject to provision made in regulations under this Part in
respect of notices given under the regulations.

(13) 40In this section—

• “director”, in relation to a body corporate whose affairs are managed by
  its members, means a member of the body corporate;

• “employed” has the same meaning as in the 1974 Act;

• “relevant provision” means any of the relevant statutory provisions other
  45than a provision of the Nuclear Safeguards Act 2000;

and references to giving a notice include similar expressions (such as serving
or sending).