Appendix 2
S.I. 2013/190: memorandum from the Department
of Energy and Climate Change
Nuclear Industries Security (Amendment) Regulations
2013 (S.I. 2013/190)
1. In its letter to the Department of Energy
and Climate Change of 6 March 2013, the Joint Committee requested
a memorandum on the following point:
Given that neither sub-paragraph (a) nor sub-paragraph
(b) of new regulation 4(3A) of the Nuclear Industries Security
Regulations 2003, inserted by regulation 4(3), appears to be syntactically
cohesive from the expression 'to the extent' onwards, explain
the effect that each of those sub-paragraphs is intended to have
and how the intention is achieved.
2. Regulation 4 of the Nuclear Industries Security
Regulations 2003 ("the 2003 Regulations") requires that
each nuclear premises should have an approved security plan in
place. That plan must set out the standards, procedures and arrangements
that the person responsible for the premises has or will have
in place to ensure the security of the matters referred to in
that regulation. It is a criminal offence not to comply with
the standards procedures and arrangements in an approved security
plan.
3. Regulation 4(3A) adds to the matters that
must be included in a security plan. Sub-paragraph (a) adds the
requirement that a security plan for one nuclear site (site A)
must cover activities that may affect security at another site
(site B) that is within 5 kilometres of site A. The 5 kilometre
limit gives an area beyond which it is considered unlikely that
there will be a risk arising from a nuclear site which could spread
to a neighbouring site.
4. The Department used the phrase "to the
extent that, and only in relation to" in order to express
two distinct propositions. The first is that the security plan
must cover any activities on site A to the extent that
they may or will have an impact on the security of site B. The
second is that regulation 4(3A) requires that the plan must set
out standards, procedures and arrangements only in relation
to those activities (the requirements of regulation 4(3A)
are of course in addition to the requirements under regulation
4(2)).
5. The first proposition was intended to ensure
that security plans would contain sufficient material to cover
the relevant security concerns. The second proposition was considered
necessary to make clear that activities not on site A or that
would not affect the security of site B should not be covered
in the security plan.
6. Sub-paragraph (b) of regulation 4(3A) introduces
the same requirements for nuclear construction sites located within
5 kilometres of nuclear sites. Nuclear construction sites were
not previously included within the definition of "nuclear
premises".
7. The Department accepts that in attempting
to express these provisions in as succinct a manner as possible,
the drafting has become somewhat dense. In addition, the Department
agrees that the syntactical construction is less than perfect
(specifically in relation to the first proposition described above).
The Department is intending to review these regulations in the
context of implementing the provisions in the current Energy Bill
that relate to the Office of Nuclear Regulation and will consider
in that context how better to express the policy intent.
Department of Energy and Climate Change
12 March 2013
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