Energy Bill [HL]

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Energy Bill [HL]

Energy Bill [HL]
Part 2 — The Civil Nuclear Industry
Chapter 3 — Civil Nuclear Constabulary
53

(8)
But it may employ in an administrative or advisory capacity persons who are
without appropriate police connections.
(9)
An authorisation for the purposes of subsection (7)—
(a)
may be given either conditionally or unconditionally; and
(b)
may be varied or revoked at any time.
5
(10)
Only the following have appropriate police connections for the purposes of
this section—
(a)
persons within the service of the Constabulary, of the Ministry of
Defence Police, of the British Transport Police Force, of a police force for
a police area in Great Britain or of the Police Service of Northern
10
Ireland;
(b)
persons not falling within paragraph (a) who are members of or
employed by the Police Authority;
(c)
a federation referred to in section 59 of the Police Act 1996 (c. 16),
section 3 of the Ministry of Defence Police Act 1987 (c. 4) or section 39
15
of the Railways and Transport Safety Act 2003 (c. 20) (police
federations);
(d)
the Police Association for Northern Ireland;
(e)
a rank-related association;
(f)
a body recognised under, and for the purposes specified in, section
20
64(5) of the Police Act 1996 or section 35(4) of the Police (Northern
Ireland) Act 1998 (c. 32) (recognition of other bodies for trade union
purposes).
68
Rank-related associations
(1)
The Secretary of State may approve one or more bodies (whether corporate or
25
unincorporate) as bodies approved to carry out the functions conferred by this
section.
(2)
A body approved by the Secretary of State under this section shall be known
as a rank-related association.
(3)
The function of a rank-related association shall be to represent, in all matters
30
affecting their welfare and efficiency, members of the Constabulary who—
(a)
are not members of the Civil Nuclear Police Federation or of another
rank-related association; and
(b)
hold such ranks as may be specified in the approval given for the
purposes of this section by the Secretary of State.
35
(4)
Those matters do not include—
(a)
the promotion in rank of particular individuals; or
(b)
(except to the extent provided in subsection (5)) discipline matters
affecting particular individuals.
(5)
A rank-related association may represent a member of the association—
40
(a)
at disciplinary proceedings conducted in accordance with
arrangements made by the Police Authority; or
(b)
on an appeal under any such arrangements from a decision in such
proceedings.
(6)
But representation under subsection (5) must comply with any restrictions
45
imposed by section 69.

Energy Bill [HL]
Part 2 — The Civil Nuclear Industry
Chapter 3 — Civil Nuclear Constabulary
54

(7)
Except so far as otherwise authorised by the Secretary of State, a rank-related
association must be entirely independent of, and unassociated with, bodies
and other persons who are without appropriate police connections.
(8)
But it may employ in an administrative or advisory capacity persons who are
without appropriate police connections.
5
(9)
An authorisation for the purposes of subsection (7)—
(a)
may be given either conditionally or unconditionally; and
(b)
may be varied or revoked at any time.
(10)
In relation to a rank-related association, only the following have appropriate
police connections for the purposes of this section—
10
(a)
persons within the service of the Constabulary, of the Ministry of
Defence Police, of the British Transport Police Force, of a police force for
a police area in Great Britain or of the Police Service of Northern
Ireland;
(b)
persons not falling within paragraph (a) who are members of or
15
employed by the Police Authority;
(c)
the Civil Nuclear Police Federation;
(d)
another rank-related association;
(e)
a federation referred to in section 59 of the Police Act 1996 (c. 16),
section 3 of the Ministry of Defence Police Act 1987 (c. 4) or section 39
20
of the Railways and Transport Safety Act 2003 (c. 20) (police
federations);
(f)
the Police Association for Northern Ireland;
(g)
a body recognised under, and for the purposes specified in, section
64(5) of the Police Act 1996 or section 35(4) of the Police (Northern
25
Ireland) Act 1998 (c. 32) (recognition of other bodies for trade union
purposes).
69
Representation at certain disciplinary proceedings
(1)
This section applies where disciplinary proceedings conducted in accordance
with arrangements made by the Police Authority may lead to a member of the
30
Constabulary who is not a senior officer being—
(a)
dismissed;
(b)
required to resign; or
(c)
reduced in rank.
(2)
The member of the Constabulary must be given an opportunity to elect to be
35
legally represented—
(a)
in those proceedings; and
(b)
on any appeal under the arrangements.
(3)
If he so elects, he may be represented, at his option, by counsel or by a solicitor.
(4)
The member of the Constabulary, if he is not legally represented, may be
40
represented in the proceedings or on an appeal only by a person who is—
(a)
a member of the Constabulary;
(b)
a member of a police force maintained under the Police Act 1996;
(c)
a constable of a police force maintained under the Police (Scotland) Act
1967 (c. 77);
45
(d)
a constable of the British Transport Police Force; or

Energy Bill [HL]
Part 2 — The Civil Nuclear Industry
Chapter 3 — Civil Nuclear Constabulary
55

(e)
a member of the Ministry of Defence Police.
70
Trade union membership
(1)
A member of the Constabulary must not be a member of—
(a)
a trade union; or
(b)
an association whose objects are or include controlling or influencing
5
the pay, pensions or conditions of service of members of the
Constabulary.
(2)
Subsection (1) does not prevent a member of the Constabulary—
(a)
from being a member of the Civil Nuclear Police Federation;
(b)
from being a member of a rank-related association; or
10
(c)
with the consent of the chief constable, from continuing to be a member
of a trade union to which he belonged before becoming a member of the
Constabulary.
(3)
In this section “trade union” has the meaning given by section 1 of the Trade
Union and Labour Relations (Consolidation) Act 1992 (c. 52).
15
Supplementary provisions of Chapter 3 of Part 2
71
Application of offences etc. applying to constables
(1)
The references in section 89(1) and (2) of the Police Act 1996 (c. 16) and section
41(1) and (2) of the Police (Scotland) Act 1967 (c. 77) (assaults on constables) to
a constable in the execution of his duty shall have effect as if they included
20
references to a member of the Constabulary who—
(a)
is exercising any of the powers or privileges conferred on him by
section 59; or
(b)
is otherwise performing his duties under the direction and control of
the chief constable or as an employee of the Police Authority.
25
(2)
Section 90 of the Police Act 1996 (impersonation of member of a police force)
shall have effect as if the references to a member of a police force included
references to a member of the Constabulary.
(3)
In section 91 of the Police Act 1996 (causing disaffection), for subsection (2)
substitute—
30
“(2)
This section applies in the case of—
(a)
special constables appointed for a police area,
(b)
members of the Civil Nuclear Constabulary, and
(c)
members of the British Transport Police Force,

as it applies in the case of members of a police force.”
35
(4)
In section 42 of the Police (Scotland) Act 1967 (causing disaffection), after
subsection (2) insert—
“(3)
In this section—
(a)
references to the constables of any police force include
references to the members of the Civil Nuclear Constabulary;
40
and

Energy Bill [HL]
Part 2 — The Civil Nuclear Industry
Chapter 3 — Civil Nuclear Constabulary
56

(b)
references to a constable include references to a member of that
Constabulary.”
(5)
In section 43 of the Police (Scotland) Act 1967 (c. 77) (impersonation of
police)—
(a)
in subsection (1)(b) (wearing a police uniform without permission),
5
after “without” insert “being a member of the Civil Nuclear
Constabulary or having”; and
(b)
in subsection (3), after “police authority” insert “or by the Civil Nuclear
Police Authority”.
(6)
After subsection (3) of that section insert—
10
“(3A)
In its application to articles of the uniform of the Civil Nuclear
Constabulary, subsection (1)(b) has effect as if for the words ‘or having
the permission of the police authority for the police area in which he is’
there were substituted the words ‘and in circumstances where it gives
him an appearance so nearly resembling that of a constable as to be
15
calculated to deceive’.
(3B)
For the purposes of this section—
(a)
‘constable’ includes a member of the Civil Nuclear
Constabulary; and
(b)
any reference to ‘police’ includes a reference to that
20
Constabulary.”
(7)
In any enactment—
(a)
references to a person’s being in the custody of a constable, or to his
being detained in the charge of a constable, include references to his
being detained by a member of the Constabulary in the exercise of any
25
of the powers or privileges conferred on him by section 59; and
(b)
references to a person’s accompanying a constable include references to
his accompanying a member of the Constabulary.
72
Minor amendments relating to the Constabulary
(1)
Schedule 14 (which contains minor amendments relating to the Constabulary)
30
has effect.
(2)
The Secretary of State may by order make such modifications of subordinate
legislation as appear to him to be appropriate in consequence of any provision
of this Chapter.
(3)
Orders under subsection (2) are subject to the negative resolution procedure.
35
73
Nuclear transfer scheme for UKAEA Constabulary
(1)
The Secretary of State must make a nuclear transfer scheme providing for the
transfer to the Police Authority of—
(a)
the employees of the UKAEA who are members of the UKAEA
Constabulary;
40
(b)
such other persons employed by the UKAEA for purposes connected
with that Constabulary as he considers appropriate;
(c)
such property held by the UKAEA for purposes connected with the
activities of members of the UKAEA Constabulary as he considers
appropriate; and
45

Energy Bill [HL]
Part 2 — The Civil Nuclear Industry
Chapter 3 — Civil Nuclear Constabulary
57

(d)
such rights and liabilities of the UKAEA relating to any of those
activities, or to any such property, as he considers appropriate.
(2)
The nuclear transfer scheme that provides for the transfer of members of the
UKAEA Constabulary to the Police Authority must provide for the transfer to
the Police Authority, at the same time, of everyone who immediately before
5
that time is employed by the UKAEA exclusively for purposes connected with
that Constabulary.
(3)
Chapter 2 of this Part shall have effect as if the nuclear transfer scheme
required by this section were a scheme authorised by section 42 but did not
require the consent of the Police Authority to any of its provisions.
10
(4)
From the date on which the nuclear transfer scheme required by this section
comes into force, the members of the UKAEA Constabulary who are
transferred by the scheme shall hold office as members of the Constabulary as
if they had—
(a)
been appointed by the Police Authority in accordance with section 58;
15
and
(b)
on appointment made the declaration required by that section.
(5)
In this section “members of the UKAEA Constabulary”, in relation to a nuclear
transfer scheme, means persons who, on the date on which the scheme comes
into force, are special constables appointed on the nomination of the UKAEA
20
under section 3 of the Special Constables Act 1923 (c. 11).
74
Interpretation of Chapter 3 of Part 2
(1)
In this Chapter—

“chief constable” means the chief constable of the Constabulary;

“the Civil Nuclear Police Federation” is to be construed in accordance
25
with section 67(2);

“the Constabulary” means the Civil Nuclear Constabulary;

“licensed nuclear site” means a site in respect of which a nuclear site
licence is or is required to be in force;

“nuclear material” means—
30
(a)
any fissile material in the form of—
(i)
uranium metal, alloy or chemical compound; or
(ii)
plutonium metal, alloy or chemical compound;
(b)
any other fissile material prescribed by regulations made by the
Secretary of State;
35

“the Police Authority” means the Civil Nuclear Police Authority;

“rank-related association” is to be construed in accordance with section
68(2);

“senior officer” means the chief constable or the deputy chief constable or
an assistant chief constable of the Constabulary.
40
(2)
References in this Chapter to the functions of the Police Authority include
references to securing that the functions of the Constabulary are carried out.
(3)
Any power of the Secretary of State under this Chapter to give directions—
(a)
restricting the exercise by the Police Authority of its powers,
(b)
requiring functions to be carried out or objectives to be met by the
45
Constabulary or the Police Authority, or

Energy Bill [HL]
Part 2 — The Civil Nuclear Industry
Chapter 4 — Authorisations relating to radioactive waste
58

(c)
imposing obligations on the Police Authority or any of its members or
employees,

includes power to impose restrictions, confer functions, require objectives to be
met or impose obligations at or in relation to places outside Great Britain.
(4)
Regulations under subsection (1) are subject to the negative resolution
5
procedure.
(5)
Where regulations under subsection (7) of section 76 of the Anti-terrorism,
Crime and Security Act 2001 (c. 24) (jurisdiction of Atomic Energy Authority
special constables) prescribing material to be treated as nuclear material for the
purposes of that section are in force immediately before the commencement of
10
this section, those regulations shall have effect after the commencement of this
section as regulations made under and for the purposes of subsection (1).
Chapter 4
Authorisations relating to radioactive waste
75
Transfer of authorisations
15
After section 16 of the 1993 Act (grant of authorisations) insert—
“16A
Transfer of authorisations
(1)
This section applies where—
(a)
a person (‘the transferor’) holds an authorisation granted under
section 13 in respect of the disposal of radioactive waste on or
20
from premises situated on a nuclear site; and
(b)
an application is made under this section for a transfer (in whole
or in part) of that authorisation to another person (‘the
transferee’).
(2)
An application under this section is one which—
25
(a)
is made to the authorising authority jointly by the transferor
and the transferee;
(b)
is accompanied by the appropriate amount; and
(c)
in the case of an application for a transfer relating to part only
of the premises, identifies the part in question.
30
(3)
The appropriate amount for the purposes of subsection (2) is—
(a)
if the application is made to the appropriate Agency, the
amount of the charge (if any) that is prescribed for the purpose
by a charging scheme under section 41 of the Environment Act
1995; and
35
(b)
if it is made to the chief inspector, the prescribed fee.
(4)
The authorising authority must, on receipt of the application (but
subject to directions under section 25 and to subsection (6)), send a copy
of the application to every local authority in whose area radioactive
waste may be disposed of under the authorisation to which the
40
application relates.
(5)
Before granting the application, the authorising authority must (subject
to subsection (6)) consult everyone whom it would have been required
to consult under section 16(4A) and (5) if—

Energy Bill [HL]
Part 2 — The Civil Nuclear Industry
Chapter 4 — Authorisations relating to radioactive waste
59

(a)
the transferee had applied for the grant of the authorisation that
he would hold were the application to be granted; and
(b)
in the case of a partial transfer, the transferor had applied for the
grant (in place of his existing authorisation) of the authorisation
he would hold in those circumstances.
5
(6)
The authorising authority may proceed with the application without—
(a)
sending a copy of the application to a local authority mentioned
in subsection (4), or
(b)
consulting an authority or body mentioned in section 16(5)
about the proposed transfer,
10

if it appears to the authorising authority that arrangements for the
disposal of radioactive waste are unlikely to be changed, as a result of
the transfer, in a way that would be of interest to that authority or body.
(7)
The authorising authority may grant the application if, and only if, it is
satisfied—
15
(a)
that the transferee has or will have operational control over the
disposals to which the transferred authorisation will relate;
(b)
that he is able and willing to ensure compliance with the
limitations and conditions of the authorisation that he will hold
if the application is granted; and
20
(c)
that no other grounds exist on which it would be reasonable to
refuse to grant the application.
(8)
Where the authorising authority grants the application, it must—
(a)
fix the date from which the transfer applied for is to have effect;
(b)
furnish the transferee with a certificate containing all material
25
particulars of the authorisation he holds as a result of the
transfer;
(c)
in the case of a partial transfer, furnish the transferor with a
similar certificate as respects the authorisation he holds as a
result of the transfer; and
30
(d)
subject to directions under section 25, send a copy of the
certificate furnished to the transferee, and of any certificate
furnished to the transferor—
(i)
to every local authority in whose area radioactive waste
may be disposed of under the authorisation to which the
35
certificate relates; and
(ii)
to every person consulted about the transfer under so
much of subsection (5) as requires consultation in
accordance with section 16(5).
(9)
The time fixed as the time from which the transfer is to have effect must
40
be not less than twenty-eight days after the day (if any) on which the
authorising authority, when it fixes that time, expects copies of the
certificates mentioned in paragraph (d) of subsection (8) to be sent out
in accordance with that paragraph.
(10)
Subsection (9) does not apply if, in the opinion of the authorising
45
authority, it is necessary for the transfer to have immediate effect or
otherwise to be expedited.
(11)
In this section ‘authorising authority’—