Energy Bill [HL]

House of Commons

Session 2003 - 04
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Energy Bill [HL]

Energy Bill [HL]
Part 1 — The Civil Nuclear Industry
Chapter 3 — Civil Nuclear Constabulary
56

70
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;
5
(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
10
(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
15
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 39 but did not
require the consent of the Police Authority to any of its provisions.
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(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 55;
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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
30
under section 3 of the Special Constables Act 1923 (c. 11).
71
Interpretation of Chapter 3 of Part 1
(1)
In this Chapter—

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

“the Civil Nuclear Police Federation” is to be construed in accordance
35
with section 64(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—
40
(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;
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“the Police Authority” means the Civil Nuclear Police Authority;

Energy Bill [HL]
Part 1 — The Civil Nuclear Industry
Chapter 4 — Authorisations relating to radioactive waste
57


“rank-related association” is to be construed in accordance with section
65(2);

“senior officer” means the chief constable or the deputy chief constable or
an assistant chief constable of the Constabulary.
(2)
References in this Chapter to the functions of the Police Authority include
5
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
Constabulary or the Police Authority, or
10
(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
15
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
20
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
72
Transfer of authorisations
25
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
30
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—
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(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.
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(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

Energy Bill [HL]
Part 1 — The Civil Nuclear Industry
Chapter 4 — Authorisations relating to radioactive waste
58

by a charging scheme under section 41 of the Environment Act
1995; and
(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
5
of the application to every local authority in whose area radioactive
waste may be disposed of under the authorisation to which the
application relates.
(5)
Before granting the application, the authorising authority must (subject
to subsection (6)) consult everyone whom it would have been required
10
to consult under section 16(4A) and (5) if—
(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
15
he would hold in those circumstances.
(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)
20
about the proposed transfer,

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
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satisfied—
(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
30
if the application is granted; and
(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;
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(b)
furnish the transferee with a certificate containing all material
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
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result of the transfer; and
(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
45
may be disposed of under the authorisation to which the
certificate relates; and

Energy Bill [HL]
Part 1 — The Civil Nuclear Industry
Chapter 4 — Authorisations relating to radioactive waste
59

(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
be not less than twenty-eight days after the day (if any) on which the
5
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
authority, it is necessary for the transfer to have immediate effect or
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otherwise to be expedited.
(11)
In this section ‘authorising authority’—
(a)
in relation to an authorisation having effect in Great Britain,
means the appropriate Agency; and
(b)
in relation to an authorisation having effect in Northern Ireland,
15
means the chief inspector.”
73
Applications for variation of authorisations
In section 17 of the 1993 Act (revocation and variation of authorisations), after
subsection (2) insert—
“(2ZA)
The powers of the appropriate Agency and of the chief inspector under
20
this section are exercisable with or without the making of an
application by the person holding the authorisation.
(2ZB)
But where an application for the variation of an authorisation is made
by that person, it must be accompanied—
(a)
in the case of an application made to the appropriate Agency, by
25
the charge (if any) that is prescribed for the purpose by a
charging scheme under section 41 of the Environment Act 1995;
and
(b)
in the case of an application to the chief inspector, by the
prescribed fee.”
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74
Periodic reviews of authorisations
After section 17 of the 1993 Act insert—
“17A
Review of authorisations
(1)
The authorising authority—
(a)
must carry out periodic reviews of the limitations and
35
conditions attached to each authorisation under section 13 or 14;
and
(b)
may, at any other time, carry out any such additional review of
the limitations and conditions attached to an authorisation
under either of those sections as it thinks fit.
40
(2)
In this section—

‘the authorising authority’—
(a)
in relation to an authorisation having effect in Great
Britain, means the appropriate Agency; and

Energy Bill [HL]
Part 1 — The Civil Nuclear Industry
Chapter 5 — Miscellaneous provisions relating to nuclear industry
60

(b)
in relation to an authorisation having effect in Northern
Ireland, means the chief inspector;

‘periodic reviews’, in relation to an authorisation, means reviews
at such regular intervals as the authorising authority thinks fit
in the case of that authorisation.”
5
75
Consequential amendments of the 1993 Act
Schedule 15 (which contains further amendments of the 1993 Act in connection
with the provision made by sections 72 to 74) has effect.
Chapter 5
Miscellaneous provisions relating to nuclear industry
10
76
Amendments for giving effect to international obligations
(1)
The Secretary of State may by order make the modifications of the enactments
to which this section applies that he considers appropriate for the purpose—
(a)
of facilitating the ratification by Her Majesty’s Government in the
United Kingdom of an international Protocol (whether entered into
15
before or after the passing of this Act) that relates to liability for nuclear
damage; or
(b)
of exercising an option under such a Protocol, or of facilitating the
exercise of such an option.
(2)
The enactments to which this section applies are—
20
(a)
the 1965 Act; and
(b)
any other enactment having effect in relation to a matter to which such
a Protocol relates.
(3)
The following are the only international Protocols which are to be taken for the
purposes of this section to be Protocols relating to liability for nuclear
25
damage—
(a)
the Joint Protocol Relating to the Application of the Vienna Convention
and the Paris Convention of 21st September 1988; and
(b)
any Protocol amending the Paris Convention or the Brussels
Supplementary Convention.
30
(4)
In this section—

“the Brussels Supplementary Convention” means the Supplementary
Convention on Third Party Liability in the Field of Nuclear Energy of
31st January 1963; and

“the Paris Convention” means the Paris Convention on Third Party
35
Liability in the Field of Nuclear Energy of 29th July 1960.
(5)
The reference in subsection (1) to exercising an option under a Protocol is a
reference to making provision the making of which, in connection with the
matters to which the Protocol relates, is allowed by that Protocol.
(6)
The power under this section to modify enactments includes power to modify
40
enactments conferring power to make subordinate legislation.
(7)
The power to make an order containing provision authorised by this section is
subject to the affirmative resolution procedure.