Energy Act 2013

Health and Safety at Work etc. Act 1974 (c. 37)

11 (1) Section 50 (regulations under the relevant statutory provisions) is amended as follows.

(2) In subsection (1AA), for the words following “unless” substitute “the Secretary of State has consulted—

(a) the Executive,

(b) the Office for Nuclear Regulation, and

(c) such other bodies as appear to the Secretary of State to be appropriate.”

(3) In subsection (2), for “the Executive” substitute “—

(a) the Executive, and

(b) the Office for Nuclear Regulation.”

(4) In subsection (3), before paragraph (a) insert—

“(za) the Office for Nuclear Regulation;”.

(5) After subsection (3) insert—

“(4) If the Executive has consulted the Office for Nuclear Regulation under subsection (3) in relation to a proposal under section 11(3) for regulations under any of the relevant statutory provisions, it must, when it submits the proposal (with or without modification) to the Secretary of State, also submit—

(a) any representations made by the Office for Nuclear Regulation in response to the consultation, and

(b) any response to those representations given by the Executive to the Office for Nuclear Regulation.

(5) The preceding provisions of this section do not apply to the exercise of the power in section 43 to make ONR fees regulations, but the Secretary of State must consult the Office for Nuclear Regulation before—

(a) making ONR fees regulations independently of any proposals submitted by the Office for Nuclear Regulation under section 81(1) of the Energy Act 2013, or

(b) making ONR fees regulations which give effect to such proposals but with modifications.

(6) In subsection (5) “ONR fees regulations” means regulations under section 43 so far as they make provision in relation to fees payable for or in connection with the performance of a function by or on behalf of—

(a) the Office for Nuclear Regulation, or

(b) any inspector appointed by the Office for Nuclear Regulation.”