The Nuclear Safeguards (EU Exit and Fees) (Amendment) Regulations 2026

• Citation: S.I. 2026/835
• Sections: 377

Section 1 Citation, commencement and territorial extent

(1) These Regulations may be cited as the Nuclear Safeguards (EU Exit and Fees) (Amendment) Regulations 2026.

(2) These Regulations come into force on the day after the day on which they are made.

(3) These Regulations extend to England and Wales, Scotland and Northern Ireland.

Section 2 Amendment of the Nuclear Safeguards (EU Exit) Regulations 2019

The Nuclear Safeguards (EU Exit) Regulations 2019 are amended as follows.

Section 3 Amendment to regulation 2

In regulation 2 (interpretation)—

(a) in the definition of “closed down”, after “decommissioned” insert “for safeguards purposes” ;

(b) for the defined term “decommissioned” substitute “decommissioned for safeguards purposes” ;

(c) in the definition of “ decommissioned for safeguards purposes ” (as so substituted), after “ONR that” insert “operations have been permanently stopped, the qualifying nuclear material has been removed and” ;

(d) after the definition of “ decommissioned for safeguards purposes ” (as so substituted), insert—

“ design information ” means information which the operator of a qualifying nuclear facility supplies using the relevant questionnaire in Part 1 of Schedule 1;

(e) in the definition of “qualifying nuclear facility with limited operation”, for paragraph (b) substitute—

(b) which is not a reactor, a critical facility, a conversion facility, a fabrication facility, a reprocessing facility, an isotopic enrichment facility, a spent fuel encapsulation facility nor a separate storage facility;

(f) for the definition of “retained waste” substitute—

“ retained waste ” means waste which is generated from processing or from an operational accident, which is irrecoverable for the time being, but which is stored;

(g) for the definition of “waste” substitute—

“ waste ” means waste containing qualifying nuclear material, in concentrations or chemical forms which make the qualifying nuclear material no longer useable for any nuclear activity relevant for safeguards, or which has become practicably irrecoverable.

Section 4 Amendment to regulation 3

(1) In the heading of regulation 3 (declaration of basic technical characteristics), for “basic technical characteristics” substitute “design information” .

(2) In regulation 3—

(a) omit paragraph (1);

(b) in paragraph (2)—

(i) in sub-paragraphs (a), (b) and (c), for “basic technical characteristics of” substitute “design information for” ;

(ii) in sub-paragraph (c)—

(aa) after paragraph (i) insert “or” ;

(bb) after paragraph (ii) omit the “and”;

(cc) omit paragraph (iii);

(c) after paragraph (2) insert—

(2A) Where a change in the design information for a qualifying nuclear facility means the facility becomes a different type of facility (a “repurposed facility” ), the operator must declare to the ONR—

(a) the preliminary design information for the repurposed facility, as soon as the decision to make the change has been taken;

(b) the design information for the repurposed facility, based on the final design for the repurposed facility, using the relevant questionnaire shown in Part 1 of Schedule 1, not later than 200 days before the day on which the repurposing is started; and

(c) the design information for the repurposed facility as built, using the relevant questionnaire shown in Part 1 of Schedule 1, not later than 200 days before the day on which—

(i) qualifying nuclear material is first received at the repurposed facility; or

(ii) in the case of a qualifying nuclear facility which only treats or stores conditioned or retained waste, the treatment or storage begins.

(d) in paragraph (3), for the words from “An operator” to “30 days” substitute “In any other case, an operator must declare to the ONR a change in the design information within the period of 23 days” ;

(e) in paragraph (4)—

(i) for “basic technical characteristics of” substitute “design information for” ;

(ii) for “fully decommissioned” substitute “decommissioned for safeguards purposes” .

Section 5 Amendment to regulation 4

In regulation 4 (programme of activities), in paragraph (3), for “inform the ONR of” substitute “declare to the ONR” .

Section 6 Amendment to regulation 5

In regulation 5 (particular safeguard provisions)—

(a) in paragraph (1)—

(i) in the words before sub-paragraph (a), for the words from “basic technical characteristics” to “relevant technical characteristics” substitute “information submitted by an operator under Parts 2, 3 or 6 or regulation 31 of these Regulations and having discussed the relevant information” ;

(ii) for sub-paragraph (b) substitute—

(b) take account of any—

(i) obligations under a relevant international agreement ; and

(ii) relevant operational and technical constraints on the operator and the qualifying nuclear facility.

(b) in paragraph (4)—

(i) in sub-paragraph (b), for “basic technical characteristics” substitute “design information” ;

(ii) after sub-paragraph (h) insert—

(i) any other procedure, arrangement or equipment the ONR considers necessary or appropriate to give effect to an obligation under a relevant international agreement.

(c) after paragraph (4) insert—

(5) Having reviewed the information submitted by an operator under Parts 2, 3 or 6 or regulation 31 of these Regulations and having discussed the relevant information with the operator, the ONR may amend any particular safeguard provision imposed under paragraph (1) provided the amended provision meets the requirements of sub-paragraphs (a) and (b) of that paragraph.

(6) Paragraphs (2) and (3) apply in relation to an amended particular safeguard provision.

(7) The ONR may, by written notice to the relevant operator, withdraw any particular safeguard provision imposed under paragraph (1) where the ONR considers it is no longer necessary or appropriate.

Section 7 Amendment to regulation 6

In regulation 6 (accountancy and control of qualifying nuclear material)—

(a) in paragraph (1), after “must” insert “establish and” ;

(b) in paragraph (3), for “basic technical characteristics” substitute “design” ;

(c) in paragraph (4) for “five” substitute “30” .

Section 8 Amendment to regulation 7

In regulation 7 (accountancy and control plan), omit paragraph (2).

Section 9 Amendment to regulation 8

In regulation 8 (replacement, etc. of accountancy and control plan), in paragraph (1)—

(a) for “basic technical characteristics of” substitute “design information for” ;

(b) after “regulation”, insert “3(2A),” ;

(c) for “30” substitute “23” .

Section 10 Amendment to regulation 10

In regulation 10 (operating records), in paragraph (1), in sub-paragraph (a), for “operating” substitute “source” .

Section 11 Amendment to regulation 12

In regulation 12 (accounting reports), in paragraph (1), for “13” substitute “14” .

Section 12 Omission of regulation 13

Omit regulation 13 (initial book inventory).

Section 13 Amendment to regulation 17

In regulation 17 (unusual occurrences)—

(a) in paragraph (1), in sub-paragraph (a) omit “an increase in or”;

(b) in paragraph (2), for “or increase” substitute “of qualifying nuclear material” .

Section 14 Amendment to regulation 19

In regulation 19 (additional reporting obligations), in paragraph (2) omit sub-paragraph (a).

Section 15 Amendment to regulation 20

In regulation 20 (weight units of qualifying nuclear materials)—

(a) in paragraph (1)—

(i) in the words before sub-paragraph (a), for “When” substitute “Subject to paragraph (1A), when” ;

(ii) in sub-paragraph (a), for “to at least the nearest gram” substitute “in grams” ;

(iii) in sub-paragraph (b), for the words from “rounded down” to the end substitute “expressed to a maximum of three decimal places.” ;

(b) after paragraph (1) insert—

(1A) Paragraph (1) does not apply to information supplied under regulation 3 in so far as the relevant questionnaire in Part 1 of Schedule 1 specifies a different unit of measurement.

(c) at the beginning of paragraph (2), for “The” substitute “Any” ;

(d) at the beginning of paragraph (3), for “Unless” substitute “Subject to paragraph (4) and unless” ;

(e) after paragraph (3) insert—

(4) Paragraph (3) does not apply to information supplied under regulation 3.

Section 16 Amendment to regulation 21

In regulation 21 (exports), in paragraph (2), for “7” substitute “13” .

Section 17 Amendment to regulation 22

In regulation 22 (imports), in paragraph (2), in sub-paragraph (a), for “4” substitute “7” .

Section 18 Amendment to regulation 25

In regulation 25 (carriers and temporary storage agents)—

(a) in paragraph (4)—

(i) omit “and the relevant operators”;

(ii) for “five” substitute “30” ;

(b) after paragraph (4), insert—

(5) The relevant operators must retain records of the transaction and a copy of any receipt for a period of at least 30 years beginning with the day on which the record is made or the receipt received.

Section 19 Omission of regulation 26

Omit regulation 26 (intermediaries).

Section 20 Omission of Part 5

Omit Part 5 (ores).

Section 21 Amendment to regulation 29

In regulation 29 (stock list and accounting records for conditioned and retained waste)—

(a) in paragraph (1), in sub-paragraph (b), for “operating” substitute “source” ;

(b) in paragraph (2)—

(i) omit “on commencement day”;

(ii) for the words from “an initial stock list” to the end substitute “the most recently updated stock list referred to in paragraph (1)(a) within 30 days of the receipt of a written request from the ONR.” ;

(c) in paragraph (3), for “five” substitute “30” .

Section 22 Amendment to regulation 30

In regulation 30 (transfers of conditioned waste), for paragraph (1) substitute—

(1) An operator of a qualifying nuclear facility that is used to treat or store conditioned waste must declare to the ONR—

(a) shipments or exports of conditioned waste from the qualifying nuclear facility, using the form set out in Part 9 of Schedule 1;

(b) receipts or imports of conditioned waste to the qualifying nuclear facility, using the form set out in Part 10 of Schedule 1.

Section 23 Amendment to regulation 31

(1) In the heading of regulation 31 (qualifying nuclear facility with limited operation), for “basic technical characteristics” substitute “design information” .

(2) In regulation 31—

(a) in paragraph (2), in sub-paragraph (b)—

(i) for “basic technical characteristics of” substitute “design information for” ;

(ii) for “section I-H” substitute “section I” ;

(b) in paragraph (5), in sub-paragraph (a)—

(i) for “basic technical characteristics of” substitute “design information for” ;

(ii) for “30” substitute “23” .

Section 24 Amendment to regulation 32

In regulation 32 (exemption), in paragraph (1), for “who holds only” substitute “in respect of” .

Section 25 Amendment to regulation 35

In regulation 35 (communication with the ONR)—

(a) in the words before paragraph (a), for “in writing” substitute “in writing, signed, dated” ;

(b) omit paragraph (a).

Section 26 Amendment to regulation 39

In regulation 39 (inspections by the ONR), in paragraph (1), in sub-paragraph (g), for “basic technical characteristics” substitute “design information” .

Section 27 Omission of regulation 41

Omit regulation 41 (annual report).

Section 28 Amendment to regulation 43

In regulation 43 (offences), in paragraph (1)—

(a) for “3(1)” substitute “3(2)” ;

(b) after “4,” insert “5(3),” ;

(c) omit “13,”.

Section 29 Amendment to regulation 46

In regulation 46 (form of notification)—

(a) in paragraph (1)—

(i) in sub-paragraph (a), for “5” substitute “28” ;

(ii) in sub-paragraph (b), for “30” substitute “32” ;

(b) in paragraph (2), for sub-paragraph (b) substitute—

(b) be sent by means of an electronic communications network to the address published for the purpose on the website of the Department for Energy Security and Net Zero.

Section 30 Amendment to regulation 49

In regulation 49 (interpretation)—

(a) in the definition of “equipment”, for “plants”, in each place it occurs, substitute “facilities” ;

(b) in the definition of “item”, in paragraph (e), omit “, plants”.

Section 31 Amendment to Schedule 1

(1) Schedule 1 (information to be provided to ONR) is amended as follows.

(2) For Part 1 (questionnaire for declaration of basic technical characteristics) substitute Part 1 as set out in the Schedule to these Regulations.

(3) In Part 2 (inventory change report)—

(a) in the table, in the entry for “Advance notification”, in the third column, omit—

(i) “RD,”;

(ii) “SD,”;

(b) in explanatory note 10 (IC Code), in the table—

(i) in the entry for “Transfer to retained waste”, in the third column, for the words from “has been transferred” to “could be retrieved” substitute “is irrecoverable for the time being, but which is stored” ;

(ii) in the entry for “Balance adjustment”, in the third column, for “plant” substitute “facility” ;

(iii) in the entry for “Termination of use”, in the third column, in the words before paragraph (i), for “considered as irrecoverable for practical or economic reasons” substitute—

in concentrations or chemical forms which make the qualifying nuclear material no longer usable for any nuclear activity relevant for safeguards, or which is considered as practically irrecoverable, and

(c) in explanatory note 35 (correction), in the table—

(i) in the entry for code D, in the second column—

(aa) for “38” substitute “36” ;

(bb) for “39” substitute “37” ;

(cc) for “43” substitute “41” ;

(dd) for “(42)” substitute “40” ;

(ii) in the entry for code A, in the second column, for the words from “field (38)” to “field (39)”, in the second place it occurs, substitute—

field (36), the ‘previous line’ field (37) and the ‘previous CRC’ field (41). The ‘previous CRC’ field (41)

(iii) in the entry for code L, in the second column, for “(38)” in each place it occurs, substitute “(36)” .

(4) In Part 3 (material balance report), in explanatory note 10 (IC Code), in the table—

(a) in the entry for “Transfer to retained waste”, in the third column, for the words from “has been transferred” to “could be retrieved”, substitute “is irrecoverable for the time being, but which is stored” ;

(b) in the entry for “Balance adjustment”, in the third column, for “plant” substitute “facility” ;

(c) in the entry for “Termination of use”, in the third column, in the words before paragraph (i), for “considered as irrecoverable for practical or economic reasons” substitute—

in concentrations or chemical forms which make the qualifying nuclear material no longer usable for any nuclear activity relevant for safeguards, or which is considered as practically irrecoverable, and

(5) Omit Part 7 (report of ore exports/shipments).

Section 32 Amendment to Schedule 2

In Schedule 2 (components of an accountancy and control system)—

(a) for paragraph (2) substitute—

(2) an adequate number of suitably qualified staff, with clearly defined roles and responsibilities, to meet the obligations contained in these Regulations;

(b) after paragraph (14) omit the “and”;

(c) in paragraph (15), for “type” substitute “category” ;

(d) after paragraph (15) insert “; and

(16) the equipment, resources and arrangements necessary to meet the obligations contained in these Regulations and ensure the resilience of the system.

Section 33 Amendment to Schedule 4

In Schedule 4 (transitional provisions)—

(a) omit paragraphs 1 to 7;

(b) in paragraph 8—

(i) in sub-paragraph (1)—

(aa) omit paragraph (c);

(bb) in the words after paragraph (e), for the words from “must” to “five”, substitute—

and who, immediately before the coming into force of the Nuclear Safeguards (EU Exit and Fees) (Amendment) Regulations 2026, still retained those records, must retain those records for a period of at least 30

(ii) omit sub-paragraph (3);

(c) omit paragraph 9.

Section 34 Amendment of the Nuclear Safeguards (Fees) Regulations 2021

The Nuclear Safeguards (Fees) Regulations 2021 are amended as follows.

Section 35 Amendment to regulation 4

In regulation 4 (supplementary provisions), in paragraph (1), for “and must not exceed” substitute “so as to recover” .

Section 36 Amendment to Schedule 2

In Schedule 2 (fees payable in connection with the Nuclear Safeguards Regulations)—

(a) in the entry for regulation 3 (declaration of basic technical characteristics)—

(i) in the first column, after “Regulation 3(2),” insert “(2A),” ;

(ii) in both columns, for “basic technical characteristics”, in each place those words occur, substitute “design information” ;

(b) in the entry for regulation 5 (particular safeguard provisions)—

(i) in the first column, for “5(1) and (2)” substitute “5(1), (2), (5) and (7)” ;

(ii) in the second column—

(aa) after “qualifying nuclear facility” insert “and any amendment or withdrawal of such provisions” ;

(bb) for “provisions to the operator under regulation 5(2)” substitute “provisions, or any subsequent amendment or withdrawal, to the operator under regulation 5(2) or (7)” ;

(c) in the entry for regulation 17 (unusual occurrences), in the second column, for “an increase in or loss” substitute “a loss” ;

(d) omit the entry for regulation 28 (ore shipment and export reports);

(e) in the entry for regulation 29 (stock list and accounting records for conditioned and retained waste)—

(i) in the first column, for “29(4)” substitute “29(2) and (4)” ;

(ii) in the second column, at the beginning insert “Request, receipt and consideration of stock lists of conditioned and retained waste.” ;

(f) in the entry for regulation 39 (inspections by the ONR), in the second column, in paragraph (g), for “basic technical characteristics” substitute “design information” .

Section 37 Transitional provision

(1) In the case of a qualifying nuclear facility existing immediately before amendment day, the operator must declare to the ONR the design information for the qualifying nuclear facility, using the relevant questionnaire shown in Part 1 of Schedule 1 of the 2019 Regulations, before the end of the period of three years beginning with amendment day.

(2) In the case of a qualifying nuclear facility existing immediately before amendment day, for a period of one year beginning with amendment day—

(a) Part 1 of Schedule 1 to the 2019 Regulations is to be treated as if no amendment was made by these Regulations;

(b) references to “design information” in the 2019 Regulations are to be treated as references to “basic technical characteristics”.

(3) In this regulation—

“ the 2019 Regulations ” means the Nuclear Safeguards (EU Exit) Regulations 2019;

“ amendment day ” means the day on which these Regulations come into force.

Section 1 General Information

Name of qualifying nuclear facility (including any usual abbreviation);

Section 1 General Information

Name of qualifying nuclear facility (including any usual abbreviation);

Section 1 General Information

Name of qualifying nuclear facility (including any usual abbreviation);

Section 1 General Information

Name of qualifying nuclear facility (including any usual abbreviation);

Section 1 General Information

Name of qualifying nuclear facility (including any usual abbreviation);

Section 1 General Information

Name of qualifying nuclear facility (including any usual abbreviation);

Section 1 General Information

Name of qualifying nuclear facility (including any usual abbreviation);

Section 1 General Information

Name of qualifying nuclear facility (including any usual abbreviation);

Section 1 General Information

Name of qualifying nuclear facility (including any usual abbreviation);

Section 2 General Information

Location, postal address, telephone number and e-mail address;

Section 2 General Information

Location, postal address, telephone number and e-mail address;

Section 2 General Information

Location, postal address, telephone number and e-mail address;

Section 2 General Information

Location, postal address, telephone number and e-mail address;