The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014

• Citation: S.I. 2014/469
• Sections: 295

Section 1 Citation and commencement

(1) This Order may be cited as the Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014.

(2) This Order comes into force on 1st April 2014.

Section 2 Interpretation

(1) In this Order—

“ the 1965 Act ” means the Nuclear Installations Act 1965 ;

“ the 2001 Act ” means the Anti-terrorism, Crime and Security Act 2001 ;

“ the 2013 Act ” means the Energy Act 2013;

“ the 2003 Regulations ” means the Nuclear Industries Security Regulations 2003 ;

“ the 2009 Regulations ” means the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 ;

“ HSE ” means the Health and Safety Executive;

“ United Kingdom ship ” has the meaning given in section 70(3) of the 2013 Act;

(2) For the purposes of this Order “ ADN ”, “ ADR ” and “ RID ” have the meanings given in section 73(3) of the 2013 Act.

(3) For the purposes of this Order “hovercraft” and “United Kingdom hovercraft” have the meaning given in regulation 28 of the 2003 Regulations.

Section 3 Extent and application

(1) Subject to paragraphs (2) to (5), this Order extends to England and Wales, Scotland and Northern Ireland.

(2) Article 7 extends to England and Wales only.

(3) In Schedule 1—

(a) paragraph 3 extends to England and Wales and Scotland only;

(b) paragraph 8(2)(b) to (d) extends to England and Wales and Scotland only.

(4) The amendments made by Schedule 2 have the same extent as the provisions which they amend, except that the amendments made by paragraphs 11 to 13 of that Schedule extend to Scotland only.

(5) The amendments made by Schedule 3 have the same extent as the provisions which they amend, except that—

(a) the amendments made by paragraphs 164 to 176 of that Schedule, in so far as they make provision for ONR inquiries, extend to England and Wales, Scotland and Northern Ireland;

(b) the amendments made by paragraph 178 of that Schedule, extend to Scotland only;

(c) the amendments made by paragraphs 182(2) and (4) and 187 to 189 of that Schedule apply in relation to England only;

(d) the amendments made by paragraph 182(3) and (5) apply in relation to Wales only.

Section 4 Regulations to be treated as regulations under the 2013 Act

Schedule 1 which—

(a) makes provision for existing regulations to be treated as regulations under the 2013 Act, and

(b) makes transitional modifications to the application of the 2013 Act in consequence of the provisions mentioned in sub-paragraph (a),

has effect.

Section 5 Agreements concerning functions related to the transport of radioactive materials to be treated as agreements entered into by the ONR

(1) The agreements and authorisation specified in paragraph (3) continue to have effect on and after 1st April 2014 as if they had been duly entered into between—

(a) the Secretary of State or relevant public authority; and

(b) the ONR in exercise of its powers under section 90(1) of the 2013 Act.

(2) In those agreements all references to the Health and Safety Executive, or the Executive, are, so far as necessary for the purposes, or in consequence, of paragraph (1) to be read as references to the ONR.

(3) The specified agreements are—

(a) the agreement under section 13(4) of the 1974 Act and authorisation under paragraph 15 of Schedule 1 to the Civil Aviation Act 1982 made on 26th October 2011 by the Civil Aviation Authority and the HSE ;

(b) the agreement made under section 13(4) of the 1974 Act on 28th October 2011 by the Secretary of State for Transport and the HSE ;

(c) the agreement made under section 13(4) of the 1974 Act and section 28(1) of the Northern Ireland Act 1998 on 25th January 2012 by the Department of the Environment (Northern Ireland) and the HSE .

Section 6 Consequential amendments

(1) Schedule 2, which contains amendments to primary legislation in consequence of Part 3 of the 2013 Act, has effect.

(2) Schedule 3, which contains amendments to instruments in consequence of Part 3 of the 2013 Act and of this Order, has effect.

Section 7 Transitional provisions: fines on conviction by magistrates' court

(1) This article makes transitional modifications to the 1965 Act, the 2001 Act and the 2013 Act as they apply to England and Wales.

(2) In relation to an offence which is committed before the relevant commencement date, each of the references to a fine specified in paragraph (3) is to be treated as a reference to a fine not exceeding £20,000.

(3) The specified references are—

(a) in the 1965 Act, the first references in each of sections 1(8)(b), 4(11)(b), 5(10)(b) and 22(4)(b) ;

(b) the first reference in section 77(3)(a)(ii) of the 2001 Act ;

(c) in the 2013 Act—

(i) the first reference in section 103(2)(a)(ii);

(ii) the reference in section 104(2)(a)(i);

(iii) the first reference in section 105(7)(a)(ii);

(iv) the first references in each of paragraphs 7(2)(a)(ii) and 17(3)(a)(ii) of Schedule 8;

(v) the first reference in paragraph 13(7)(a)(ii) of Schedule 10.

(4) In relation to an offence which is committed before the relevant commencement date, section 75(2)(b)(ii) of the 2013 Act has effect as if for “a fine or” there were substituted “ a fine not exceeding the amount specified (which must not exceed £20,000) or ” .

(5) In relation to an offence which is committed before the relevant commencement date, each of the references in the 2013 Act to a fine specified in paragraph (6) is to be treated as a reference to a fine not exceeding the statutory maximum.

(6) The specified references are—

(a) the reference in section 97(6)(a)(i);

(b) the first reference in section 102(3)(a)(ii);

(c) the first reference in paragraph 6(1)(a)(ii) of Schedule 9.

(7) In relation to an offence which is committed before the relevant commencement date each of the references in the 2013 Act to a fine specified in paragraph (8) is to be treated as a reference to a fine not exceeding level 5 on the standard scale.

(8) The specified references are—

(a) the reference in section 99(3)(b)(i);

(b) the references in paragraphs 18(2)(b)(i) and 19(2)(a) of Schedule 8.

(9) In relation to an offence which is committed before the relevant commencement date, each of the provisions of the 2013 Act specified in paragraph (10) has effect as if for the words following the first reference to “a fine” there were substituted “ not exceeding level 5 on the standard scale ” .

(10) The specified provisions are—

(a) section 75(4)(b)(i); and

(b) section 85(6)(a).

(11) In this article “ the relevant commencement date ” means the date on which section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (removal of limit on certain fines on conviction by magistrates' court) comes into force.

Section 8 Transitional provisions and savings: general

Schedule 4, which makes transitional provisions and savings, has effect.

Signed by authority of the Secretary of State for Work and Pensions,

Section 1 Nuclear Industries Security Regulations 2003

(1) The 2003 Regulations are to be treated as nuclear regulations and as if identified in accordance with section 74(9) of the 2013 Act as made for the nuclear security purposes .

(2) Sub-paragraph (1) does not apply to the following provisions of the 2003 Regulations—

(a) regulation 2(4);

(b) regulation 3(1) and (2).

(3) Despite sub-paragraph (1), the 2003 Regulations are not—

(a) to be treated as relevant provisions for the purposes of section 102 or 104 of the 2013 Act;

(b) to be treated as relevant statutory provisions for the purposes of section 99 of that Act.

(4) Nothing in this paragraph affects the continued application of regulations 2(4) and 3(1) and (2) of the 2003 Regulations for the purposes of the 2001 Act.

Section 2 Nuclear Safeguards (Notification) Regulations 2004

The Nuclear Safeguards (Notification) Regulations 2004 are to be treated as nuclear regulations and as if identified in accordance with section 74(9) of the 2013 Act as made for the nuclear safeguards purposes .

Section 3 Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009

(1) Insofar as they have effect in relation to the civil carriage of class 7 goods, the 2009 Regulations are to be treated as nuclear regulations.

(2) Sub-paragraph (1) does not apply to—

(a) regulation 27 and, to the extent it relates to the charging of fees, regulation 29(6) of the 2009 Regulations; and

(b) paragraphs 1, 3 and 4 of Schedule 3 to those Regulations.

(3) Nothing in this paragraph affects the continued application of the 2009 Regulations to carriage other than the civil carriage of class 7 goods.

(4) For the purposes of this paragraph—

(a) “ civil carriage of class 7 goods ” means the carriage of class 7 goods otherwise than for the purposes of the department of the Secretary of State with responsibility for defence;

(b) “class 7 goods”—

(i) in relation to carriage by road, has the same meaning as in ADR;

(ii) in relation to carriage by rail, has the same meaning as in RID;

(iii) in relation to carriage by inland waterway, has the same meaning as in ADN.

Section 4 Application to transport other than transport in a ship which is not a United Kingdom ship or in a hovercraft which is not a United Kingdom hovercraft

(1) Subject to sub-paragraph (2), this paragraph makes transitional modifications to Schedule 10 to the 2013 Act (provisions relating to offences) as it applies in relation to the provisions of the 2003 Regulations other than the non-UK transport provisions by virtue of paragraph 1 of this Schedule.

(2) Paragraphs 3 to 5 and 12 of Schedule 10 to the 2013 Act do not apply in relation to—

(a) any offence under regulation 25 of the 2003 Regulations committed on or after 1st April 2014; or

(b) a nuclear security offence.

(3) For the purposes of this paragraph—

(a) “ the non-UK transport provisions ” means the provisions of the 2003 Regulations as they apply in relation to transport in a ship which is not a United Kingdom ship or in a hovercraft which is not a United Kingdom hovercraft;

(b) “ nuclear security offence ” means an offence—

(i) specified in sub-paragraph (4); and

(ii) committed on or after 1st April 2014.

(c) “ nuclear security inspector ” means an ONR inspector so far as acting for the purpose of carrying into effect any provision of the 2003 Regulations.

(4) The specified offences are—

(a) the offence under section 97(5) of the 2013 Act to the extent that it relates to a refusal or a failure by a person to comply with a notice given under that section requiring that person to provide information which the ONR needs for carrying out its functions under or in connection with the 2003 Regulations;

(b) the offence under section 105(1) of that Act to the extent that it relates to the making of a statement by a person which that person knows to be false, or a person recklessly making a statement which is false—

(i) in purported compliance with any requirement to provide information imposed by or under the 2003 Regulations; or

(ii) for the purpose of obtaining the issue of a document under those Regulations;

(c) the offence under section 105(3) of that Act to the extent that it relates to a person—

(i) intentionally making a false entry in any register, record, notice or other document which is required to be kept or given by or under the 2003 Regulations; or

(ii) with intent to deceive, making use of any such entry which the person knows to be false;

(d) the offence under section 105(5) of that Act to the extent that it relates to a person, with intent to deceive—

(i) using a document issued or authorised to be issued under the 2003 Regulations or required for the purpose of those Regulations; or

(ii) making or having possession of a document so closely resembling a document mentioned in paragraph (i) as to be calculated to deceive;

(e) the offence under paragraph 17(1) of Schedule 8 to the 2013 Act to the extent that it relates to the contravention by a person of any requirement imposed by a nuclear security inspector under Part 3 of that Schedule;

(f) the offence under paragraph 17(2) of that Schedule to the extent that it relates to a person preventing or attempting to prevent any other person from—

(i) appearing before a nuclear security inspector; or

(ii) answering any question to which a nuclear security inspector may require an answer by virtue of paragraph 15 of that Schedule;

(g) the offence under paragraph 18(1) of that Schedule to the extent that it relates to a person intentionally obstructing a nuclear security inspector in the exercise or performance of the inspector's functions;

(h) the offence under paragraph 19(1) of that Schedule to the extent that it relates to a person falsely pretending to be a nuclear security inspector;

(i) the offence under paragraph 3 of Schedule 9 to the 2013 Act to the extent that it relates to a person disclosing protected information which is information—

(i) obtained by the ONR under a notice mentioned in paragraph (a) above;

(ii) disclosed to the ONR, or a nuclear security inspector, under section 98 of the 2013 Act for the purpose of facilitating the carrying out of their functions under the 2003 Regulations;

(iii) obtained by a nuclear security inspector as a result of the exercise of any relevant power (within the meaning given in paragraph 2(5) of Schedule 8 to the 2013 Act); or

(iv) provided to a person pursuant to a requirement imposed by the 2003 Regulations,

in contravention of paragraph 2 of Schedule 9 to the 2013 Act;

(j) the offence under paragraph 4 of Schedule 9 to the 2013 Act to the extent that it relates to a person using protected information of the type mentioned in paragraph (i)(i) to (iv) above in contravention of a restriction under paragraph 10(3), 11(2), 12(2), 13(2), 14(2) or 15(2) of that Schedule;

(k) the offence under sub-paragraph (6) of paragraph 13 of Schedule 10 to that Act to the extent that it relates to a failure by a person to comply with an order made under that paragraph where the person is convicted of—

(i) an offence under the 2003 Regulations; or

(ii) an offence mentioned within any of paragraphs (a) to (j) above.

Section 5 Transport in a ship which is not a United Kingdom ship

(1) This paragraph makes transitional modifications to the 2013 Act as it applies by virtue of paragraph 1 of this Schedule in relation to the provisions of the 2003 Regulations as they apply in relation to transport in a ship which is not a United Kingdom ship.

(2) Any obligation arising under the provisions of the 2013 Act specified in sub-paragraph (3) is to be read, in relation to transport in a ship which is not a United Kingdom ship, as an obligation that must be met in respect of the ship in question as a condition of its entry to the relevant UK port.

(3) The provisions specified for the purposes sub-paragraph (2) are—

(a) section 97;

(b) Schedule 8, so far as it relates to a requirement imposed by an inspector under Part 3 of the Schedule.

(4) The provisions of the 2013 Act specified in sub-paragraph (5) apply as if the following paragraph were inserted at the beginning of each of them—

Where this provision has effect in relation to the Nuclear Industries Security Regulations 2003 as they apply to transport in a ship by virtue of regulation 27A of those Regulations (transport in a ship which is not a United Kingdom ship) and the ship in question enters or has entered a port in the United Kingdom or an attempt is or has been made for it to do so,

(5) The provisions specified for the purposes of sub-paragraph (4) are—

(a) section 97(5);

(b) section 105(1), (3) and (5);

(c) paragraphs 17(1) and (2), 18(1) and 19(1) of Schedule 8;

(d) paragraphs 3 and 4 of Schedule 9;

(e) paragraph 13(6) of Schedule 10.

(6) Paragraphs 3 to 5 and 12 of Schedule 10 to the 2013 Act do not apply to—

(a) any offence under regulation 29 of the 2003 Regulations (as inserted by Schedule 3 to this Order) committed on or after 1st April 2014; or

(b) any port of entry offence.

(7) In this paragraph—

(a) “ port of entry offence ” means an offence—

(i) under the provisions of the 2013 Act as modified by sub-paragraph (4) of this paragraph; and

(ii) committed on or after 1st April 2014;

(b) “ relevant UK port ” means, in relation to a ship which is not a United Kingdom ship, the port in the United Kingdom—

(i) to which it is proceeding in order to enter it;

(ii) which it is entering; or

(iii) which it has entered.

Section 6 Transport in a hovercraft which is not a United Kingdom hovercraft

(1) Subject to sub-paragraph (2), paragraph 5 of this Schedule applies as if any reference to a ship (other than in the expression “United Kingdom ship”) included a reference to a hovercraft.

(2) Paragraph 5 applies as if—

(a) any reference in that paragraph to a United Kingdom ship included a reference to a United Kingdom hovercraft;

(b) the reference to regulation 27A of the 2003 Regulations included a reference to regulation 28 of those Regulations.

Section 7 Health and Safety Inquiries (Procedure) Regulations 1975

(1) The Health and Safety Inquiries (Procedure) Regulations 1975 are, for the purposes of holding an ONR inquiry , to be treated as regulations under section 85 of the 2013 Act.

(2) This paragraph does not affect the application of the 1975 Regulations to an inquiry held under section 14(2A) of the 1974 Act (power of the Executive to direct investigations and inquiries).

Section 8 Regulations to be treated as regulations under section 101 of the 2013 Act

(1) The regulations specified in sub-paragraph (2) are to be treated as regulations under section 101 of the 2013 Act (fees).

(2) The regulations are—

(a) the Nuclear Industries Security (Fees) Regulations 2005 ;

(b) insofar as they relate to the functions of the ONR as GB competent authority—

(i) regulation 27 and, to the extent it relates to the charging of fees, regulation 29(6) of the 2009 Regulations ; and

(ii) paragraph 1 and, to the extent it relates to the payment of fees, paragraph 4 of Schedule 3 to those Regulations;

(c) insofar as they relate to a function carried out by a relevant appointee—

(i) to the extent it relates to the charging of fees by that appointee, regulation 29(6) of the 2009 Regulations; and

(ii) paragraph 3 of Schedule 3 to those Regulations;

(d) in the Health and Safety (Fees) Regulations 2012 —

(i) regulation 12 in so far as it relates to the provisions of those Regulations mentioned in paragraph (ii) below;

(ii) regulation 16(1) and (2);

(iii) regulation 16(3) insofar as it relates to the enforcement of any provision which—

(aa) was a relevant statutory provision (within the meaning of Part 1 of the 1974 Act) immediately before 1st April 2014 ; but

(bb) becomes a relevant statutory provision (within the meaning of Part 3 of the 2013 Act), on or after that date, in consequence of any provision made by or under the 2013 Act ;

(iv) regulation 17 insofar as it relates to the provisions mentioned in paragraphs (ii) and (iii).

Section 1 Fireworks Act 1951 (c.58)

In section 1 of the Fireworks Act 1951 (destruction of dangerous fireworks) , after subsection (5) insert—

(6) The reference to an inspector appointed by the Health and Safety Executive under section 19 of the Health and Safety at Work etc. Act 1974 (“ the 1974 Act ”) is to be read, in relation to a relevant nuclear site, as a reference to an inspector appointed by the Office for Nuclear Regulation under that section.

(7) For this purpose a relevant nuclear site is one in relation to which the Office for Nuclear Regulation has responsibility for the enforcement of any of the relevant statutory provisions (within the meaning of Part 1 of the 1974 Act) by virtue of section 18(1A) or (2) of the 1974 Act.

Section 2 Public Records Act 1958 (c.51)

In Schedule 1 to the Public Records Act 1958 (definition of public records) in Part 2 of the Table at the end of paragraph 3, after the entry for the Office for Legal Complaints, insert—

Office for Nuclear Regulation

Section 3 Building Act 1984 (c.55)

(1) Section 81 of the Building Act 1984 (local authority's power to serve notice about demolition) is amended as follows.

(2) In subsection (2)—

(a) after “Health and Safety at Work etc. Act 1974” insert “ or the relevant provisions ” ;

(b) after “Act of 1974” insert “ or the relevant provisions ” .

(3) After subsection (2) insert—

(2A) For the purposes of subsection (2), “ relevant provisions ” means the relevant statutory provisions (within the meaning of Part 3 of the Energy Act 2013) other than—

(a) the provisions of the Nuclear Safeguards Act 2000; and

(b) any provision of nuclear regulations identified in accordance with section 74(9) of the 2013 Act as being made for the nuclear safeguards purposes.

Section 4 Environment and Safety Information Act 1988 (c.30)

In the Schedule to the Environment and Safety Information Act 1988 (authorities and statutory provisions) , at the appropriate place, insert—

Section 5 Planning (Hazardous Substances) Act 1990 (c.10)

The Planning (Hazardous Substances) Act 1990 is amended as follows.

Section 6 Planning (Hazardous Substances) Act 1990 (c.10)

In section 7(3) (applications for hazardous substances consent) for “means consultations with the Health and Safety Executive and with” substitute “ means consultations with the safety regulator and with ” .

Section 7

In section 9(2)(e) (determination of applications for hazardous substances consent) for “Health and Safety Executive have” substitute “ safety regulator has ” .

Section 8

In section 10(2) (power to impose conditions on grant of hazardous substances consent) for “Health and Safety Executive have” substitute “ safety regulator has ” .

Section 9

In section 18(2)(b) (determination of applications for continuation of hazardous substances consent) for “Health and Safety Executive have” substitute “ safety regulator has ” .

Section 10

(1) Section 29 (health and safety requirements) is amended as follows.

(2) In subsection (1)—

(a) for “relevant statutory provisions” substitute “ relevant provisions ” ;

(b) omit “served under or by virtue of any of those provisions”.

(3) In subsection (3) for “Health and Safety Executive” substitute “ safety regulator ” .

(4) In subsection (4) for “Health and Safety Executive advise” substitute “ safety regulator advises ” .

(5) In subsection (5) for “they advise” substitute “ the safety regulator advises ” .

(6) For subsection (6) substitute—

(6) In this section—

“ improvement notice ” means a notice served under section 21 of the Health and Safety at Work etc. Act (“ the 1974 Act ”) or given under paragraph 3 of Schedule 8 to the Energy Act 2013 (“ the 2013 Act ”);

“ prohibition notice ” means a notice served under section 22 of the 1974 Act or given under paragraph 4 of Schedule 8 to the 2013 Act;

“ relevant provisions ” means—

the relevant statutory provisions within the meaning of Part 1 of the 1974 Act; and

the relevant statutory provisions within the meaning of the 2013 Act other than—

the provisions of the Nuclear Safeguards Act 2000; and

any provision of nuclear regulations identified in accordance with section 74(9) of the 2013 Act as being made for the nuclear safeguards purposes.

(7) In section 39(1) (interpretation) after the definition of “the principal Act” insert—

“ the safety regulator ” means—

in relation to land which is, or is on, a nuclear site (within the meaning of Part 3 of the Energy Act 2013), the Office for Nuclear Regulation;

otherwise, the Health and Safety Executive.

Section 11 Environmental Protection Act 1990 (c.43)

The Environmental Protection Act 1990 is amended as follows.

Section 12 Environmental Protection Act 1990 (c.43)

(1) Section 36 (grant of licences) is amended as follows.

(2) In subsection (4)—

(a) in paragraph (a) for “Health and Safety Executive” substitute “ safety regulator ” ,

(b) in paragraph (b) for “Executive” substitute “ safety regulator ” .

(3) In subsection (10)—

(a) for “Health and Safety Executive” substitute “ safety regulator ” ,

(b) for “Executive” substitute “ safety regulator ” .

(4) In subsection (11) after the definition of “the relevant land” insert—

“ the safety regulator ” means—

where the relevant land is, or is on, a nuclear site (within the meaning of Part 3 of the Energy Act 2013), the Office for Nuclear Regulation;

otherwise, the Health and Safety Executive.

Section 13

Paragraph 2(2) of Schedule 13 is repealed.

Section 14 Atomic Weapons Establishment Act 1991 (c.46)

After paragraph 10C of the Schedule to the Atomic Weapons Establishment Act 1991 (application of certain enactments) insert—

Energy Act 2013 (c.32)

(10D)

(1) The power of the Secretary of State under section 111(6) of the Energy Act 2013 (Crown exemptions) shall include power to provide for exemptions, in relation to designated premises or activities carried on by a contractor at such premises, from all or any of the relevant provisions.

(2) In this paragraph “ relevant provisions ” means the relevant statutory provisions within the meaning of Part 3 of the Energy Act 2013 other than—

(a) a provision of the Nuclear Safeguards Act 2000; and

(b) any provision of nuclear regulations identified in accordance with section 74(9) of the Energy Act 2013 as being made for the nuclear safeguards purposes.

Section 15 Planning (Hazardous Substances) (Scotland) Act 1997 (c.10)

The Planning (Hazardous Substances) (Scotland) Act 1997 is amended as follows.

Section 16 Planning (Hazardous Substances) (Scotland) Act 1997 (c.10)

In section 5(3) (applications for hazardous substances consent) for “Health and Safety Executive” substitute “ safety regulator ” .

Section 17

In section 7(2)(e) (determination of applications for hazardous substances consent) for “Health and Safety Executive have” substitute “ safety regulator has ”

Section 18

In section 8(2) (power to impose conditions on grant of hazardous substances consent) for “Health and Safety Executive have” substitute “ safety regulator has ” .

Section 19

In section 16(2)(b) (determination of applications for continuation of hazardous substances consent) for “Health and Safety Executive have” substitute “ safety regulator has ” .

Section 20

(1) Section 28 (health and safety requirements) is amended as follows.

(2) In subsection (1)—

(a) for “relevant statutory provisions” substitute “ relevant provisions ” ,

(b) omit “served under or by virtue of any of those provisions”.

(3) In subsection (3) for “Health and Safety Executive” substitute “ safety regulator ” .

(4) In subsection (4) for “Health and Safety Executive advise” substitute “ safety regulator advises ” .

(5) In subsection (5) for “they advise” substitute “ the safety regulator advises ” .

(6) For subsection (6) substitute—

(6) In this section—

“ improvement notice ” means a notice served under section 21 of the Health and Safety at Work etc. Act 1974 (“ the 1974 Act ”) or given under paragraph 3 of Schedule 8 to the Energy Act 2013 (“ the 2013 Act ”);

“ prohibition notice ” means a notice served under section 22 of the 1974 Act or given under paragraph 4 of Schedule 8 to the 2013 Act;

“ the relevant provisions ” means—

the relevant statutory provisions within the meaning of Part 1 of the 1974 Act; and

the relevant statutory provisions within the meaning of Part of the 2013 Act other than—

the provisions of the Nuclear Safeguards Act 2000; and

any provision of nuclear regulations identified in accordance with section 74(9) of the 2013 Act as being made for the nuclear safeguards purposes;

(7) In section 38(1) (interpretation) after the definition of “the principal Act” insert—

“ the safety regulator ” means—

in relation to land which is, or is on, a nuclear site (within the meaning of Part 3 of the Energy Act 2013), the Office for Nuclear Regulation;

otherwise, the Health and Safety Executive.

Section 21 Utilities Act 2000 (c.27)

After section 105(4)(b) of the Utilities Act 2000 (general restrictions on disclosure of information) insert—

(ba) for the purpose of facilitating the performance by the Office for Nuclear Regulation of any of its functions;

Section 22 Enterprise Act 2002 (c.40)

In Schedule 15 to the Enterprise Act 2002 (enactments conferring functions) , at the appropriate place, insert—

the relevant statutory provisions within the meaning of Part 3 of the Energy Act 2013 (c.32).

Section 23 Domestic Violence, Crime and Victims Act 2004 (c.28)

In Schedule 9 to the Domestic Violence, Crime and Victims Act 2004 (authorities within the Commissioner's remit) after paragraph 20 insert—

(20A) The Office for Nuclear Regulation.

Section 24 Local Government and Public Involvement in Health Act 2007 (c.28)

In section 104(4) of the Local Government and Public Involvement in Health Act 2007 (application of Chapter: partner authorities) , after paragraph (d) insert—

(da) the Office for Nuclear Regulation;

Section 25 Local Democracy, Economic Development and Construction Act 2009 (c.20)

In section 23(2) of the Local Democracy, Economic Development and Construction Act 2009 (duty of public authorities to secure involvement) , after paragraph (d) insert—

(da) the Office for Nuclear Regulation;

Section 26 Civil Aviation Act 2012 (c.19)

In Schedule 6 to the Civil Aviation Act 2012 (restrictions on disclosing information) , after paragraph 5(h) insert—

(ha) for the purpose of facilitating the carrying out by the Office for Nuclear Regulation of its functions under an enactment,

Section 1 Nuclear Industries Security Regulations 2003

The 2003 Regulations are amended as follows.

Section 2 Nuclear Industries Security Regulations 2003

(1) Subject to paragraph (2)—

(a) for “Secretary of State” substitute “ ONR ” in each place occurring;

(b) for “she” or “her” substitute “ the ONR ” or “the ONR's” (as the case may be) in each place occurring.

(2) Paragraph (1) does not apply to—

(a) regulation 4(4)(a);

(b) the opening words in regulation 11(1);

(c) the opening words in regulation 21(1);

(d) regulation 22(5)(a)(iii);

(e) regulations 23, 24 and 26.

Section 3

(1) Regulation 2 (interpretation: general) is amended as follows.

(2) In paragraph (1)—

(a) omit the definitions of—

(i) “the 1974 Act”;

(ii) “the 1978 Order”;

(iii) “nuclear construction site”;

(iv) “nuclear site”;

(v) “other nuclear premises”;

(vi) “sensitive nuclear information”;

(vii) “United Kingdom ship”;

(b) after the definition of “the 2001 Act” insert—

“ the 2013 Act ” means the Energy Act 2013;

“ 2001 Act direction ” means a direction given by the Secretary of State on or after 1st April 2014 under regulations made under section 77(1) of the 2001 Act;

(c) for the definition of “nuclear material” substitute—

“ nuclear material ” has the meaning given in section 70 of the 2013 Act (as extended under subsection (3) of that section);

(d) in the definition of “nuclear premises”—

(i) in paragraph (a)—

(aa) for “nuclear site” substitute “ civil nuclear site ” ;

(bb) omit “(within the meaning given in Chapter 1 of Part 1 of the Energy Act 2004)”;

(ii) in paragraph (aa) for “nuclear construction site” substitute “ civil nuclear construction site ” ;

(iii) in paragraph (b) for “nuclear site”, in the first place it occurs, substitute “ civil nuclear site ” ;

(iv) in paragraph (c) for “nuclear premises” substitute “ civil nuclear premises ” ;

(e) after the definition of “nuclear site licence” insert—

“ the ONR ” means the Office for Nuclear Regulation;

(f) for the definition of “United Kingdom person” substitute—

“ United Kingdom person ” has the meaning given in section 74(6) of the 2013 Act;

(3) In paragraph (2)—

(a) in sub-paragraph (a) for “nuclear site” substitute “ civil nuclear site ” ;

(b) in sub-paragraph (aa) for “nuclear construction site” substitute “ civil nuclear construction site ” .

(4) In paragraph (4) omit “In these Regulations and”.

Section 4

In regulation 4 (requirement for approved security plan for nuclear premises)—

(a) in paragraph (2)(f) for “nuclear construction site” substitute “ civil nuclear construction site ” ;

(b) in paragraph (3A)—

(i) in sub-paragraph (a) for “nuclear site”, in both places in which it occurs, substitute “ civil nuclear site ” ; and

(ii) in sub-paragraph (b) for “nuclear construction site” substitute “ civil nuclear construction site ” in each place occurring;

(c) omit paragraph (4).

Section 5

In regulation 8 (temporary security plans during building works etc.)—

(a) in paragraph (1) for “nuclear construction site” substitute “ civil nuclear construction site ” ;

(b) omit paragraph (9).

Section 6

(1) Regulation 11 (directions to responsible persons) is amended as follows.

(2) In paragraph (1), in the opening words, for “Secretary of State for the purpose specified in section 77(1) of the 2001 Act” substitute “ ONR for the nuclear security purposes (within the meaning of section 70 of the Energy Act 2013) ” .

(3) After paragraph (2) insert—

(3) Any direction given by the ONR to a person on or after 1st April 2014 under paragraph (1)—

(a) is subject to any 2001 Act direction given to the person whenever given; and

(b) must state that it is subject to any such 2001 Act direction.

Section 7

Omit regulation 12.

Section 8

(1) Regulation 21 (directions to carriers) is amended as follows.

(2) In paragraph (1), in the opening words, for “Secretary of State for the purpose specified in section 77(1) of the 2001 Act” substitute “ ONR for the nuclear security purposes (within the meaning of section 70 of the Energy Act 2013 ” .

(3) After paragraph (2) insert—

(3) Any direction given by the ONR to a carrier on or after 1st April 2014 under paragraph (1)—

(a) is subject to any 2001 Act direction given to the carrier whenever given; and

(b) must state that it is subject to any such 2001 Act direction.