Energy Bill (HL Bill 57)

Content of a staff transfer scheme

4 (1) A staff transfer scheme may make provision for giving full effect to an
employee’s transfer into the employment of the ONR as a result of the
scheme.

(2) 5Provision made by virtue of sub-paragraph (1) may include provision—

(a) that has the same or similar effect as the TUPE regulations (so far as
those regulations do not apply in relation to the transfer);

(b) modifying the law (including provision made by an Act or
subordinate legislation) applicable to the employee’s employment;

(c) 10about the pension entitlements of the employee enjoyed
immediately before the transfer.

5 (1) A staff transfer scheme may apply to all, or to any specified class or
description of, the employees falling within paragraph 3(2) or to specified
employees so falling.

(2) 15“Specified” means specified in the scheme.

6 (1) A staff transfer scheme may make provision enabling an employee to object
to the transfer which would otherwise be effected by the scheme including
provision as to how such an objection is to be made and as to the
consequences of it.

(2) 20A staff transfer scheme may make provision allowing an employee to be
treated as being temporarily assigned to the ONR for a period limited by the
scheme, whether at the employee’s election or in the exercise of a discretion
conferred on the Secretary of State by the scheme.

(3) Provision made by virtue of sub-paragraph (2) may include provision—

(a) 25allowing the employee to elect to end the period of temporary
assignment by agreeing to become an employee of the ONR or by
objecting to the transfer under sub-paragraph (1);

(b) as to the consequences of the expiry of the period of temporary
assignment without such an election having been made;

(c) 30as to the employee’s pay (and the liability to pay it) and the terms
and conditions on which the employee is engaged.

Part 3 Property transfer schemes

Power to make property transfer schemes

7 (1) 35The Secretary of State may make one or more schemes transferring
qualifying property, rights and liabilities of the HSE to the ONR.

(2) The Secretary of State may make one or more schemes transferring
qualifying property, rights and liabilities of the Secretary of State to the
ONR.

(3) 40A scheme under sub-paragraph (1) or (2) is referred to in this Schedule as a
“property transfer scheme”.

8 The HSE may submit to the Secretary of State proposals about the exercise
of the power to make property transfer schemes.

Qualifying property

9 (1) References in this Part to “qualifying property, rights and liabilities” are to
property held, and rights and liabilities arising, in connection with—

(a) functions under any enactment which were functions of the
5Secretary of State or the HSE and as a result of this Act have or are to
become functions of the ONR;

(b) functions which were functions of the Secretary of State or the HSE
which have been or are to be replaced by a function of the ONR
under this Act;

(c) 10functions which were carried out by the HSE under an agreement
under section 13 of the 1974 Act and which are to be carried out by
ONR under an agreement under section 90.

(2) Rights and liabilities arising under or in connection with a contract of
employment in effect when the scheme comes into force are excluded from
15the rights and liabilities which may be transferred under a property transfer
scheme.

Content of a property transfer scheme

10 (1) A property transfer scheme may, in particular, make provision—

(a) for anything done by or in relation to the HSE or the Secretary of
20State in connection with any property, rights or liabilities transferred
by the scheme to be treated as done, or to be continued, by or in
relation to the ONR;

(b) for references to the HSE or the Secretary of State in any agreement
(whether written or not), instrument or other document relating to
25any property, rights or liabilities transferred by the scheme to be
treated as references to the ONR;

(c) about the continuation of legal proceedings;

(d) for transferring property, rights or liabilities which could not
otherwise be transferred or assigned;

(e) 30for transferring property, rights and liabilities irrespective of any
requirement for consent which would otherwise apply;

(f) for preventing a right of pre-emption, right of reverter, right of
forfeiture, right to compensation or other similar right from arising
or becoming exercisable as a result of the transfer of property, rights
35or liabilities;

(g) for dispensing with any formality in relation to the transfer of
property, rights or liabilities by the scheme

(h) for transferring property acquired, or rights or liabilities arising,
after the scheme is made but before it takes effect;

(i) 40for apportioning property, rights or liabilities;

(j) for creating rights, or imposing liabilities, in connection with
property, rights or liabilities transferred by the scheme;

(k) for requiring the ONR to enter into any agreement of any kind, or for
a purpose, specified in or determined in accordance with the scheme.

(2) 45Sub-paragraph (1)(b) does not apply to references in primary legislation or
in subordinate legislation.

(3) In this Part “property” includes interests of any description.

Compensation

11 A property transfer scheme may contain provision for the payment of
compensation by the Secretary of State to any person whose interests are
adversely affected by it.

5Part 4 Procedure for making or modifying schemes under this Schedule

12 (1) Before making a staff transfer scheme or a property transfer scheme, the
Secretary of State must be satisfied that—

(a) those persons that the Secretary of State considers likely to be
10affected by the making of the scheme, and

(b) such other persons as appear to the Secretary of State to represent the
interests of such persons,

have been consulted (whether by the Secretary of State or another person)
and must have regard to the results of the consultation in determining
15whether to make the scheme.

(2) Sub-paragraph (3) applies where—

(a) the Secretary of State is proposing to make a modification to a staff
transfer scheme or a property transfer scheme under section 152,

(b) it appears to the Secretary of State that the modification is likely to
20have a material effect on any person, and

(c) the Secretary of State is not required under subsection (3) of that
section to obtain the agreement of those persons before making the
modification.

(3) Before making the modification, the Secretary of State must be satisfied
25that—

(a) any person or persons falling within sub-paragraph (2)(b), and

(b) such other persons as appear to the Secretary of State to represent the
interests of such persons,

have been consulted (whether by the Secretary of State or another person)
30and must have regard to the results of the consultation in determining
whether to make the modification.

(4) For the purposes of this paragraph it does not matter whether consultation
takes place before or after the passing of this Act.

Section 116

SCHEDULE 12 35Minor and consequential amendments relating to Part 3

Part 1 Amendments of the Health and Safety at Work etc. Act 1974

Health and Safety at Work etc. Act 1974 (c. 37)1974 (c. 37)

1 The Health and Safety at Work etc. Act 1974 is amended as follows.

2 (1) Section 11 (functions of the Health and Safety Executive) is amended as
follows.

(2) In subsection (4)—

(a) in paragraph (a), for “the railway safety purposes” substitute “any of
5the transferred purposes”, and

(b) in paragraph (b), for the words following “made” substitute “—

(i) for any of the transferred purposes, or

(ii) under section 43 and concern fees relating to
nuclear site regulation.”

(3) 10After that subsection insert—

“(4A) In subsection (4)—

(a) “the transferred purposes” means—

(i) the railway safety purposes;

(ii) the nuclear safety purposes;

(iii) 15the nuclear security purposes;

(iv) the nuclear safeguards purposes;

(v) the radioactive material transport purposes;

(b) “fees relating to nuclear site regulation” means fees payable
for or in connection with the performance of a function by or
20on behalf of—

(i) the Office for Nuclear Regulation, or

(ii) any inspector appointed by the Office for Nuclear
Regulation.

(4B) The Executive may submit to the Secretary of State any proposal
25submitted to it by the Office for Nuclear Regulation under section 81
of the Energy Act 2013 (proposals about orders and regulations).”

3 In section 13 (powers of the Executive), after subsection (6) insert—

“(6A) The reference in subsection (6) to the general purposes of this Part
does not include a reference to any of the following—

(a) 30the nuclear safety purposes;

(b) the nuclear security purposes;

(c) the nuclear safeguards purposes;

(d) the radioactive material transport purposes.”

4 (1) Section 14 (power of the Executive to direct investigations and inquiries) is
35amended as follows.

(2) In subsection (1)(a), after “railway safety purposes” insert “or the ONR’s
purposes”.

(3) After subsection (4) insert—

“(4A) Provision that may be made by virtue of subsection (4)(a) includes in
40particular, provision conferring functions on the Office for Nuclear
Regulation in relation to powers of entry and inspection in relation
to any premises for which it is an enforcing authority.”

5 (1) Section 15 (health and safety regulations) is amended as follows.

(2) After subsection (1) insert—

“(1A) In subsection (1), the reference to the general purposes of this Part
does not include a reference to any of the following—

(a) the nuclear safety purposes;

(b) 5the nuclear security purposes;

(c) the nuclear safeguards purposes;

(d) the radioactive material transport purposes.

(1B) Subsection (1A) does not preclude health and safety regulations
from including provision merely because the provision could be
10made for any of the purposes mentioned in paragraphs (a) to (d) of
that subsection.”

(3) In subsection (2), for “the preceding subsection” substitute “subsection (1)”.

(4) In subsection (3)(c), after “may” insert “, subject to subsection (3A),”.

(5) After subsection (3) insert—

“(3A) 15Nothing in this section is to be taken to permit health and safety
regulations to make provision about responsibility for the
enforcement of any of the relevant statutory provisions as they apply
in relation to any GB nuclear site.

(3B) Subsection (3A) does not prevent health and safety regulations
20providing for the Office of Rail Regulation to be responsible for the
enforcement, in relation to GB nuclear sites, of any of the relevant
statutory provisions that are made for the railway safety purposes.

(3C) In subsections (3A) and (3B), “GB nuclear site” has the same meaning
as in section 68 of the Energy Act 2013 (nuclear safety purposes).”

6 (1) 25Section 18 (authorities responsible for enforcement of the relevant statutory
provisions) is amended as follows.

(2) After subsection (1) insert—

“(1A) The Office for Nuclear Regulation is responsible for the enforcement
of the relevant statutory provisions as they apply in relation to GB
30nuclear sites (within the meaning given in section 68 of the Energy
Act 2013 (nuclear safety purposes)).

(1B) Subsection (1A) is subject to any provision of health and safety
regulations making the Office of Rail Regulation responsible for the
enforcement of any of the relevant statutory provisions to any extent
35in relation to such sites.”

(3) In subsection (2)—

(a) before paragraph (a) insert—

“(za) make the Office for Nuclear Regulation responsible
for the enforcement of the relevant statutory
40provisions to such extent as may be prescribed (and
may in particular provide for any site or matter in
relation to which the Office for Nuclear Regulation is
made so responsible to be determined by the
Secretary of State or the Office for Nuclear Regulation
45under the regulations);”;

(b) in paragraph (b), before sub-paragraph (i) insert—

“(zi) transferred from the Executive or local
authorities to the Office for Nuclear
Regulation, or from the Office for Nuclear
5Regulation to the Executive or local
authorities;”;

(c) in paragraph (b)(ii)—

(i) after “Executive” insert “, to the Office for Nuclear
Regulation”;

(ii) 10after “by virtue of” insert “subsection (1A) or”;

(d) in paragraph (b), after sub-paragraph (ii) insert—

“(iii) assigned to the Office of Rail
Regulation or the Office for Nuclear
Regulation for the purpose of
15removing any uncertainty as to what
are by virtue of any of the relevant
statutory provisions their respective
responsibilities for the enforcement of
any of those provisions;”.

(4) 20After subsection (3) insert—

“(3A) Regulations under subsection (2)(a) may not make local authorities
enforcing authorities in relation to any site in relation to which the
Office for Nuclear Regulation is an enforcing authority.

(3B) Where the Office for Nuclear Regulation is, by or under subsection
25(1A) or (2), made responsible for the enforcement of any of the
relevant statutory provisions to any extent, it must make adequate
arrangements for the enforcement of those provisions to that extent.”

(5) In subsection (5) in the opening words, after “the Executive” insert “, the
Office for Nuclear Regulation”.

(6) 30In subsection (7), in the words following paragraph (b)—

(a) after “section 13” insert “of this Act or section 95 of the Energy Act
2013 (power for Office for Nuclear Regulation to arrange for exercise
of functions by others)”;

(b) after “the Executive” (in the first and third places) insert “or the
35Office for Nuclear Regulation”;

(c) after “the Executive” (in the second place) insert “or the Office for
Nuclear Regulation (as the case may be)”;

(d) for “under that subsection” substitute “or arrangements under the
provision in question”.

7 40In section 27 (obtaining of information by the Executive, enforcing
authorities etc), in subsection (1)(b), after “an enforcing authority” insert
“other than the Office for Nuclear Regulation”.

8 In section 27A (information communicated by Commissioners for Revenue
and Customs), in subsection (2), at the end insert “, other than the Office for
45Nuclear Regulation or an inspector appointed by the Office for Nuclear
Regulation”.

9 (1) Section 28 (restrictions on disclosure of information) is amended as follows.

(2) In subsection (1)(a), after “to any person” insert “, other than the Office for
Nuclear Regulation (or an inspector appointed by it),”.

(3) In subsection (3)(a), after “Executive” insert “, the Office for Nuclear
Regulation,”.

(4) 5In subsection (4)—

(a) in the opening words—

(i) after “Executive” (in the first place), insert “, the Office for
Nuclear Regulation,”;

(ii) after “Executive” (in the second place), insert “or the Office
10for Nuclear Regulation”;

(b) in paragraph (a), after “Executive” insert “or Office for Nuclear
Regulation” and after “section 13(3)” insert “of this Act or, as the case
may be, section 95 of the Energy Act 2013”;

(c) in paragraph (c), at the end insert “or, in the case of the Office for
15Nuclear Regulation, a person providing advice to that body.”.

(5) In subsection (5)(a), after “Executive” insert “, of the Office for Nuclear
Regulation”.

(6) After subsection (9A) insert—

“(9B) Nothing in subsection (7) or (9) applies to a person appointed as an
20inspector by the Office for Nuclear Regulation in relation to
functions which the person has by virtue of that appointment.”

10 (1) Section 44 (appeals in connection with licensing provisions in the relevant
statutory provisions) is amended as follows.

(2) In subsection (1), omit “(other than nuclear site licences”).

(3) 25In subsection (7)—

(a) in paragraph (a) omit “other than a nuclear site licence”;

(b) omit paragraph (b).

(4) Omit subsection (8).

11 (1) Section 50 (regulations under the relevant statutory provisions) is amended
30as follows.

(2) In subsection (1AA), for the words following “unless” substitute “the
Secretary of State has consulted—

“(a) the Executive,

(b) the Office for Nuclear Regulation, and

(c) 35such other bodies as appear to the Secretary of State to be
appropriate.”

(3) In subsection (2), for “the Executive” substitute “—

(a) the Executive, and

(b) the Office for Nuclear Regulation.”

(4) 40In subsection (3), before paragraph (a) insert—

“(za) the Office for Nuclear Regulation;”.

(5) After subsection (3) insert—

“(4) If the Executive has consulted the Office for Nuclear Regulation
under subsection (3) in relation to a proposal under section 11(3) for
regulations under any of the relevant statutory provisions, it must,
5when it submits the proposal (with or without modification) to the
Secretary of State, also submit—

(a) any representations made by the Office for Nuclear
Regulation in response to the consultation, and

(b) any response to those representations given by the Executive
10to the Office for Nuclear Regulation.

(5) The preceding provisions of this section do not apply to the exercise
of the power in section 43 to make ONR fees regulations, but the
Secretary of State must consult the Office for Nuclear Regulation
before—

(a) 15making ONR fees regulations independently of any
proposals submitted by the Office for Nuclear Regulation
under section 81(1) of the Energy Act 2013, or

(b) making ONR fees regulations which give effect to such
proposals but with modifications.

(6) 20In subsection (5) “ONR fees regulations” means regulations under
section 43 so far as they make provision in relation to fees payable for
or in connection with the performance of a function by or on behalf
of—

(a) the Office for Nuclear Regulation, or

(b) 25any inspector appointed by the Office for Nuclear
Regulation.”

12 In section 53(1) (general interpretation of Part 1)—

(a) after the definition of “micro-organism” insert—

• ““nuclear safeguards purposes” has the same meaning
  30as in Part 3 of the Energy Act 2013 (nuclear regulation
  etc.) (see section 72 of that Act);

• “nuclear safety purposes” has the same meaning as in
  that Part of that Act (see section 68 of that Act);

• “nuclear security purposes” has the same meaning as in
  35that Part of that Act (see section 70 of that Act);”;

(b) after the definition of “offshore installation” insert—

• ““the ONR’s purposes” has the same meaning as in Part
  3 of the Energy Act 2013 (see section 67 of that Act);”;

(c) after the definition of “prohibition notice” insert—

• 40““the radioactive material transport purposes” means
  the transport purposes within the meaning of Part 3
  of the Energy Act 2013 (see section 73 of that Act);”.

13 (1) Section 82 (general provisions as to interpretation and regulations) is
amended as follows.

(2) 45In subsection (3)(b), after “subsection” insert “(3A) or”.

(3) After subsection (3) insert—

“(3A) In the case of a statutory instrument which also contains regulations
under section 74 of the Energy Act 2013 (nuclear regulations),
subsection (3) is subject to section 113 of that Act (subordinate
5legislation).”

14 In Schedule 1 (existing enactments which are relevant statutory provisions),
omit the entry relating to the Nuclear Installations Act 1965.

15 (1) Schedule 2 (constitution etc. of the Health and Safety Executive) is amended
as follows.

(2) 10In paragraph 1(b) for “eleven” substitute “twelve”.

(3) In paragraph 2(2), at the beginning insert “Subject to sub-paragraph (3A),”.

(4) After paragraph 2(3) insert—

“(3A) The Office for Nuclear Regulation may appoint a member from
among the non-executive members of the Office for Nuclear
15Regulation (“an ONR member”).

(3B) The Office for Nuclear Regulation must notify the Executive and
the Secretary of State whenever it appoints an ONR member.”.

(5) In paragraph 3, after “4” insert “, 4A”.

(6) In paragraph 4, after “Executive” insert “, other than an ONR member,”.

(7) 20After paragraph 4 insert—

“4A (1) An ONR member may at any time resign from office by giving
notice in writing to the Office for Nuclear Regulation.

(2) An ONR member ceases to be a member of the Executive upon
ceasing to be a non-executive member of the Office for Nuclear
25Regulation.

(3) The Office for Nuclear Regulation may remove an ONR member
from office by giving notice in writing.

(4) The Office for Nuclear Regulation must notify the Executive and
the Secretary of State whenever an ONR member—

(a) 30resigns from office,

(b) ceases to be a non-executive member of the Office for
Nuclear Regulation, or

(c) is removed from office.”.

(8) In paragraph 5, after “member” insert “, other than an ONR member,”.

(9) 35Paragraph 6 is amended as follows.

(10) In sub-paragraph (1), for the words following “pay” substitute “—

(a) to each member, other than an ONR member, such
remuneration, and

(b) to each member such travelling and other allowances,

40as may be determined by the Secretary of State.”

(11) In sub-paragraph (2), after “member” insert “other than an ONR member”.

(12) In sub-paragraph (3), after “member” insert “other than an ONR member”.

(13) After that sub-paragraph insert—

“(4) Where—

(a) a member appointed under paragraph 4(4)(a) of Schedule
57 to the Energy Act 2013 to be a member of the Office for
Nuclear Regulation (the “HSE member of the ONR”)—

(i) ceases to be the HSE member of the ONR otherwise
than on the expiry of his or her term of office as
HSE member of the ONR, but

(ii) 10does not cease to be a member of the Executive, and

(b) it appears to the Executive that there are special
circumstances that make it right for that person to receive
compensation,

the Executive may pay the member such amount by way of
15compensation as the Secretary of State may determine.”

Part 2 Nuclear safety

Nuclear Installations Act 1965 (c. 57)1965 (c. 57)

16 The Nuclear Installations Act 1965 is amended as follows.

17 20For section 1 substitute—

“1 Restriction of certain nuclear installations to licensed sites

(1) No person may use a site for the purpose of installing or operating—

(a) any nuclear reactor (other than a nuclear reactor comprised
in a means of transport, whether by land, water or air), or

(b) 25any other installation of a prescribed kind,

unless a licence to do so has been granted in respect of the site by the
appropriate national authority and is in force.

(2) Such a licence is referred to in this Act as a “nuclear site licence”.

(3) The only kinds of installation that may be prescribed under
30subsection (1)(b) are installations (other than nuclear reactors)
designed or adapted for—

(a) producing or using atomic energy,

(b) any process which—

(i) is preparatory or ancillary to producing or using
35atomic energy, and

(ii) involves, or is capable of causing, the emission of
ionising radiations, or

(c) storing, processing or disposing of—

(i) nuclear fuel, or

(ii) 40bulk quantities of other radioactive matter which has
been produced or irradiated in the course of the
production or use of nuclear fuel.