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

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  1. Introductory Text

  2. 1.Citation and commencement

  3. 2.Interpretation

  4. 3.Extent and application

  5. 4.Regulations to be treated as regulations under the 2013 Act

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

  7. 6.Consequential amendments

  8. 7.Transitional provisions: fines on conviction by magistrates' court

  9. 8.Transitional provisions and savings: general

  10. Signature

    1. SCHEDULE 1

      Regulations to be treated as regulations under the 2013 Act

      1. PART 1 Regulations to be treated as nuclear regulations

        1. 1.Nuclear Industries Security Regulations 2003

        2. 2.Nuclear Safeguards (Notification) Regulations 2004

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

      2. PART 2 Application of the 2013 Act to the Nuclear Industries Security Regulations 2003 – modification of provisions relating to offences

        1. 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

        2. 5.Transport in a ship which is not a United Kingdom ship

        3. 6.Transport in a hovercraft which is not a United Kingdom hovercraft

      3. PART 3 Regulations to be treated as regulations under section 85 of the 2013 Act

        1. 7.Health and Safety Inquiries (Procedure) Regulations 1975

      4. PART 4 Regulations to be treated as regulations under section 101 of the 2013 Act

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

    2. SCHEDULE 2

      Consequential amendments to primary legislation

      1. 1.Fireworks Act 1951 (c.58)

      2. 2.Public Records Act 1958 (c.51)

      3. 3.Building Act 1984 (c.55)

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

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

      6. 6.In section 7(3) (applications for hazardous substances consent) for “means...

      7. 7.In section 9(2)(e) (determination of applications for hazardous substances consent)...

      8. 8.In section 10(2) (power to impose conditions on grant of...

      9. 9.In section 18(2)(b) (determination of applications for continuation of hazardous...

      10. 10.(1) Section 29 (health and safety requirements) is amended as...

      11. 11.Environmental Protection Act 1990 (c.43)

      12. 12.(1) Section 36 (grant of licences) is amended as follows....

      13. 13.Paragraph 2(2) of Schedule 13 is repealed.

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

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

      16. 16.In section 5(3) (applications for hazardous substances consent) for “Health...

      17. 17.In section 7(2)(e) (determination of applications for hazardous substances consent)...

      18. 18.In section 8(2) (power to impose conditions on grant of...

      19. 19.In section 16(2)(b) (determination of applications for continuation of hazardous...

      20. 20.(1) Section 28 (health and safety requirements) is amended as...

      21. 21.Utilities Act 2000 (c.27)

      22. 22.Enterprise Act 2002 (c.40)

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

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

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

      26. 26.Civil Aviation Act 2012 (c.19)

    3. SCHEDULE 3

      Consequential amendments to instruments

      1. PART 1 Nuclear security and nuclear safeguards

        1. 1.Nuclear Industries Security Regulations 2003

        2. 2.(1) Subject to paragraph (2)— (a) for “Secretary of State”...

        3. 3.(1) Regulation 2 (interpretation: general) is amended as follows.

        4. 4.In regulation 4 (requirement for approved security plan for nuclear...

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

        6. 6.(1) Regulation 11 (directions to responsible persons) is amended as...

        7. 7.Omit regulation 12.

        8. 8.(1) Regulation 21 (directions to carriers) is amended as follows....

        9. 9.After regulation 22(7) (regulation of sensitive nuclear information etc.) insert—...

        10. 10.Omit regulations 23 and 24.

        11. 11.(1) Regulation 25 (offences) is amended as follows.

        12. 12.After regulation 25 insert— Notification of compliance with a 2001...

        13. 13.After regulation 26 insert— “ PART 5A Transport by ship...

        14. 14.For regulation 27 (transport by ship) substitute— Transport by United...

        15. 15.In regulation 28— (a) for paragraph (3) substitute—

        16. 16.After regulation 28 insert— Transport in a ship other than...

        17. 17.Nuclear Safeguards (Notification) Regulations 2004

        18. 18.(1) Subject to paragraph (2) for “Secretary of State” substitute...

        19. 19.In regulation 2 (interpretation) at the appropriate place insert— “the...

        20. 20.In regulation 5(2) and (3) (persons not required to notify...

        21. 21.In regulation 6 (form of notification to the Secretary of...

        22. 22.Uranium Enrichment Technology (Prohibition on Disclosure) Regulations 2004

        23. 23.In regulation 1(2) (citation, commencement and interpretation)—

        24. 24.(1) Regulation 3 (exempt disclosures) is amended as follows.

        25. 25.In regulation 4 (authorisation of disclosures)— (a) for “Secretary of...

        26. 26.In regulation 5 (withdrawal or variation of authorisations)—

        27. 27.In regulation 6(5)(b) (sending and giving of applications, information, representations...

      2. PART 2 Transport functions

        1. 28.Carriage of Dangerous Goods and Transportable Pressure Equipment Regulations 2009

      3. PART 3 Safety functions

        1. 29.Nuclear Installations (Dangerous Occurrences) Regulations 1965

        2. 30.Safety Representatives and Safety Committees Regulations 1977

        3. 31.In regulation 2(1) (interpretation) after the definition of “recognised trade...

        4. 32.(1) Regulation 4 (functions of safety representatives) is amended as...

        5. 33.(1) In regulation 4A(1)— (a) in sub-paragraph (c) after “relevant...

        6. 34.(1) Regulation 5 (inspections of the workplace) is amended as...

        7. 35.In regulation 6(3) (inspections following notifiable accidents, occurrences and diseases)...

        8. 36.In regulation 7(1) (inspection of documents and provision of information)...

        9. 37.Dangerous Substances in Harbour Areas Regulations 1987

        10. 38.In regulation 2(1) (interpretation)— (a) after the definition of “ADR”...

        11. 39.(1) Regulation 35 (applications for explosives licences) is amended as...

        12. 40.(1) Regulation 36 (consideration of licence applications) is amended as...

        13. 41.After regulation 36 insert— Harbours ceasing to be nuclear harbours...

        14. 42.In regulation 41 (deteriorated explosives) for “Health and Safety Executive”...

        15. 43.(1) Regulation 44 (enforcement) is amended as follows.

        16. 44.(1) In Schedule 7 (procedure for explosives licence applications)—

        17. 45.Dangerous Substances (Notification and Marking of Sites) Regulations 1990

        18. 46.Control of Explosives Regulations 1991

        19. 47.In regulation 2(1) (interpretation) after the definition of “occupier” insert—...

        20. 48.After regulation 3(4)(d) (application) insert— (e) the ONR. .

        21. 49.In regulation 11(1)(a) (licensed occupier to appoint person responsible for...

        22. 50.After regulation 13(8) (reporting loss) insert— (9) Where any loss...

        23. 51.For regulation 15 (enforcement) substitute— (1) This regulation applies subject to section 18(1A) of the...

        24. 52.Simple Pressure Vessels (Safety) Regulations 1991

        25. 53.Placing on the Market and Supervision of Transfers of Explosives Regulations 1993

        26. 54.In regulation 3 (application)— (a) at the end of paragraph...

        27. 55.(1) Regulation 9 (enforcement) is amended as follows.

        28. 56.Electrical Equipment (Safety) Regulations 1994

        29. 57.. . . . . . . . . ....

        30. 58.. . . . . . . . . ....

        31. 59.Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 1996

        32. 60.In regulation 2(2) (interpretation)— (a) omit the definition of “enforcement...

        33. 61.In regulation 14(2)(a) (conditions for equipment etc. being taken to...

        34. 62.After regulation 15(5) (enforcement) insert— (6) For the purposes of...

        35. 63.(1) Schedule 14 (enforcement) is amended as follows.

        36. 64.Health and Safety (Safety Signs and Signals) Regulations 1996

        37. 65.Marking of Plastic Explosives for Detection Regulations 1996

        38. 66.Lifts Regulations 1997

        39. 67.In regulation 2(2) (interpretation)— (a) for paragraph (a)(i) of the...

        40. 68.(1) Schedule 15 (enforcement) is amended as follows.

        41. 69.Diving at Work Regulations 1997

        42. 70.Health and Safety (Enforcing Authority) Regulations 1998

        43. 71.After regulation 1 insert— Application Nothing in these Regulations applies to the enforcement of the...

        44. 72.In regulation 2(1) (interpretation)— (a) after the definition of “agricultural...

        45. 73.After regulation 2 insert— New nuclear build sites (1) Subject to paragraphs (3) and (4), “new nuclear build...

        46. 74.In regulation 3(7) (local authorities to be enforcing authorities in...

        47. 75.(1) Regulation 4 (exceptions) is amended as follows.

        48. 76.After regulation 4 insert— The Office for Nuclear Regulation (1) The ONR shall be the enforcing authority for premises...

        49. 77.Before regulation 5(1) (arrangements enabling responsibility for enforcement to be...

        50. 78.(1) Regulation 6 (arrangements enabling responsibility for enforcement to be...

        51. 79.After regulation 6 insert— Assignment of responsibility for enforcement in...

        52. 80.Working Time Regulations 1998

        53. 81.(1) Regulation 28 (enforcement) is amended as follows.

        54. 82.(1) In paragraph 8 of Schedule 3 (restrictions on disclosure...

        55. 83.Control of Major Accident Hazards Regulations 1999

        56. 84.In regulation 2(1) (interpretation)— (a) for the definition of “competent...

        57. 85.In Regulation 7(11) (safety report) after “the Executive” insert “...

        58. 86.(1) Regulation 15 (provision of information to the competent authority)...

        59. 87.After regulation 16(3) (provision of information to other establishments) insert—...

        60. 88.In Regulation 19(4) (inspections and investigations) for “or the Executive”...

        61. 89.(1) Regulation 20 (enforcement) is amended as follows.

        62. 90.(1) Regulation 22 (fee payable by operator) is amended as...

        63. 91.Pressure Equipment Regulations 1999

        64. 92.In regulation 2(2) (interpretation)— (a) before the definition of “assembly”...

        65. 93.In paragraph 1(a) of Schedule 8 (enforcement) for “Executive”, in...

        66. 94.Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999

        67. 95.Subject to paragraphs 96 and 97, for “Executive” substitute “...

        68. 96.In regulation 2(1) (definitions)— (a) omit the definition of “the...

        69. 97.In regulation 16(1) (enforcement) for “Health and Safety Executive” substitute...

        70. 98.Ionising Radiations Regulations 1999

        71. 99.In regulation 2(1) (interpretation) after the definition of “radioactive substance”...

        72. 100.(1) In the provisions specified in paragraph (2) for “Executive”...

        73. 101.(1) Regulation 5 (authorisation of specified practices) is amended as...

        74. 102.(1) Regulation 6 (notification of specified practices) is amended as...

        75. 103.(1) Regulation 22 (estimated doses and special entries) is amended...

        76. 104.(1) Regulation 25 (investigation and notification of overexposure) is amended...

        77. 105.Radiation (Emergency Preparedness and Public Information) Regulations 2001

        78. 106.Control of Lead at Work Regulations 2002

        79. 107.Control of Substances Hazardous to Health Regulations 2002

        80. 108.Ammonium Nitrate Materials (High Nitrate Content) Safety Regulations 2003

        81. 109.Justification of Practices Involving Ionising Radiation Regulations 2004

        82. 110.Manufacture and Storage of Explosives Regulations 2005

        83. 111.In regulation 2 (interpretation)— (a) in paragraph (1) after the...

        84. 112.After regulation 3(4)(a) (application) insert— (aa) the ONR; .

        85. 113.In regulation 5(2)(b) (separation distances) after “Executive” insert “ or...

        86. 114.(1) Regulation 11 (registration in relation to storage) is amended...

        87. 115.After regulation 11 insert— Sites which cease to be an...

        88. 116.(1) Regulation 13 (grant of licences) is amended as follows....

        89. 117.After regulation 13 insert— Licences for sites which cease to...

        90. 118.(1) Regulation 14 (local authority assent) is amended as follows....

        91. 119.(1) Regulation 16 (variation of licences) is amended as follows....

        92. 120.(1) Regulation 23 (defences) is amended as follows.

        93. 121.In Schedule 1 (licensing authority)— (a) in paragraph 1 for...

        94. 122.In Schedule 4 (registers) in paragraph 8 after “local authority”...

        95. 123.Control of Vibration at Work Regulations 2005

        96. 124.Regulatory Reform (Fire Safety) Order 2005

        97. 125.Control of Noise at Work Regulations 2005

        98. 126.Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006

        99. 127.Construction (Design and Management) Regulations 2007

        100. 128.Supply of Machinery (Safety) Regulations 2008

        101. 129.(1) Regulation 2(2) (interpretation) is amended as follows.

        102. 130.(1) Schedule 5 (enforcement) is amended as follows.

        103. 131.REACH Enforcement Regulations 2008

        104. 132.Regulation 2(2) (interpretation) is amended as follows—

        105. 133.In regulation 3(2) (enforcement) for “regulation 6” substitute “ regulations...

        106. 134.After regulation 3 insert— Enforcement: relevant nuclear sites (1) This regulation applies where the Office for Nuclear Regulation...

        107. 135.In regulation 6(4) (health and safety enforcement) after “varied by”...

        108. 136.In regulation 17(1) (appearance of authorised persons before a court...

        109. 137.In regulation 21(2)(b) (appeals against notices) after “Northern Ireland” insert...

        110. 138.In the table in Schedule 1 (table of REACH provisions)...

        111. 139.In Schedule 2 (functions of enforcing authorities) in paragraph 2...

        112. 140.(1) Part 2 of Schedule 6 (powers of enforcement) is...

        113. 141.(1) Section 3 of Schedule 7 (authorisations) is amended as...

        114. 142.(1) Part 2 of Schedule 8 (appeals) is amended as...

        115. 143.Transfrontier Shipment of Radioactive Waste and Spent Fuel Regulations 2008

        116. 144.Control of Artificial Optical Radiation at Work Regulations 2010

        117. 145.Control of Asbestos Regulations 2012

        118. 146.Identification and Traceability of Explosives Regulations 2013

        119. 147.Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013

      4. PART 4 Fees

        1. 148.Nuclear Industries Security (Fees) Regulations 2005

        2. 149.In regulation 2 (interpretation)— (a) in paragraph (1)—

        3. 150.In regulation 3 (fees payable for regulation of nuclear industries...

        4. 151.In regulation 4 (supplementary provisions) for “Secretary of State” substitute...

        5. 152.In the Table in the Schedule— (a) in the header...

        6. 153.Health and Safety (Fees) Regulations 2012

        7. 154.In regulation 1(3) (interpretation)— (a) before the definition of “approval”...

        8. 155.For regulation 8(6) (fees payable in connection with the Ionising...

        9. 156.Regulation 9(1) (fees payable under the Manufacture and Storage of...

        10. 157.In regulation 11 (fees for application for or changes to...

        11. 158.For regulation 12 (estimate of cost of work) substitute— (1) Where any fee is to be assessed on the...

        12. 159.(1) Regulation 16 (fees payable in relation to nuclear installations)...

        13. 160.(1) Regulation 17 (provisions supplementary to regulations 14 to 16)...

        14. 161.In regulation 24(9) (provisions supplementary to regulation 23)—

        15. 162.In Schedule 7 (Fees payable in connection with the Ionising...

        16. 163.In Schedule 13 (Fees payable in relation to nuclear assessments,...

      5. PART 5 General

        1. 164.Health and Safety Inquiries (Procedure) Regulations 1975

        2. 165.In regulation 2(1) (interpretation)— (a) after the definition of “the...

        3. 166.In regulation 3(1) (application of Regulations) after “the 1974 Act”...

        4. 167.In regulation 4 (notification of inquiry) for “Executive” substitute “...

        5. 168.In regulation 5 (appearances at inquiry)— (a) in the heading...

        6. 169.After regulation 5 insert— Appearances at an ONR inquiry (1) The persons entitled to appear at the ONR inquiry...

        7. 170.In regulation 6(1) (representation) after “so appointed” insert “ and...

        8. 171.(1) Regulation 7 (power to require attendance of witnesses and...

        9. 172.In regulation 8 (procedure at inquiry) for “appointed person”, in...

        10. 173.In regulation 9 (site inspections) for “appointed person” substitute “...

        11. 174.(1) Regulation 10 (procedure after inquiry) is amended as follows....

        12. 175.For regulation 11 (notices) substitute— (1) This regulation applies to the service of notices required...

        13. 176.After regulation 11 insert— Offences in connection with an ONR...

        14. 177.Electricity (Non-Fossil Fuel Sources) (England and Wales) Order 1990

        15. 178.Environmental Protection (Applications, Appeals and Registers) Regulations 1991

        16. 179.Planning (Hazardous Substances) Regulations 1992

        17. 180.In regulation 10(1) (consultation before the grant of hazardous substances...

        18. 181.In regulation 11(5) (determination of applications for hazardous substances consent)...

        19. 182.(1) Schedule 1 (Hazardous Substances and Controlled Quantities) is amended...

        20. 183.Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993

        21. 184.After regulation 11(1)(a) (consultation before the grant of hazardous substances...

        22. 185.After regulation 12(4)(a) (determination of applications for hazardous substances consent)...

        23. 186.(1) Schedule 1 (hazardous substances and controlled quantities) is amended...

        24. 187.Town and Country Planning (General Permitted Development) Order 1995

        25. 188.In paragraph O of Part 3 (changes of use), as...

        26. 189.In paragraph E of Part 4 (temporary buildings and use),...

        27. 190.Public Interest Disclosure (Prescribed Persons) Order 1999

        28. 191.Greater London Authority (Disqualification) Order 2000

        29. 192.Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005

        30. 193.Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006

        31. 194.Legislative and Regulatory Reform (Regulatory Functions) Order 2007

        32. 195.Companies (Disclosure of Address) Regulations 2009

        33. 196.Overseas Companies Regulations 2009

        34. 197.Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009

        35. 198.Company, Limited Liability Partnership and Business Names (Public Authorities) Regulations 2009

        36. 199.Infrastructure Planning (Interested Parties) Regulations 2010

        37. 200.Infrastructure Planning (Compulsory Acquisition) Regulations 2010

        38. 201.Town and Country Planning (Development Management Procedure) (England) Order 2010

        39. 202.Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011

        40. 203.Disclosure (Persons engaged in the Investigation and Reporting of Crime or Sudden Deaths) (Scotland) Regulations 2011

        41. 204.Equality Act 2010 (Specific Duties) Regulations 2011

        42. 205.Postal Services Act 2011 (Disclosure of Information) Order 2012

        43. 206.Pollution Prevention and Control (Scotland) Regulations 2012

        44. 207.Town and Country Planning (Development Management Procedure) (Wales) Order 2012

        45. 208.(1) The Welsh text of Schedule 4 to the Town and...

        46. 209.Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013

      6. PART 6 Revocations

        1. 210.In consequence of the provisions made by this Order, the...

    4. SCHEDULE 4

      Transitional Provisions and Savings

      1. PART 1 Interpretation

        1. 1.(1) In this Schedule— “the 1978 Order” means the Health...

      2. PART 2 General Transitional Provisions

        1. 2.Continuity of the law: restatement of provisions of the 1965 Act and 1974 Act

        2. 3.(1) Any subordinate legislation made or other thing done, or...

        3. 4.Any reference (whether express or implied) in any enactment, instrument...

        4. 5.Any reference (whether express or implied) in any enactment, instrument...

        5. 6.Continuity of the law: regulations treated as regulations under Part 3 of the 2013 Act

        6. 7.Penalties for offences committed before 1st April 2014

        7. 8.Functions of the HSE and the Secretary of State

        8. 9.Investigations

        9. 10.Inquiries

        10. 11.Continuity of exercise of functions by inspectors

        11. 12.Continuity of exercise of fire safety functions

        12. 13.Supplementary

      3. PART 3 Specific matters

        1. CHAPTER 1 Enforcement and criminal proceedings

          1. 14.Improvement notices issued before 1st April 2014

          2. 15.Prohibition notices issued before 1st April 2014

          3. 16.Prohibition notice appeals - directions

          4. 17.Offences — proceedings commenced before 1st April 2014

          5. 18.Offences — proceedings not commenced before 1st April 2014

          6. 19.Remedial orders made before 1st April 2014

        2. CHAPTER 2 Information

          1. 20.Requests for information

          2. 21.Disclosure of information relevant to transferred functions: transitional modifications to Schedule 9 to the 2013 Act

        3. CHAPTER 3 Other transitionals in connection with primary legislation amended by or under the 2013 Act

          1. 22.Nuclear Installations Act 1965

          2. 23.(1) Relevant expenses which are not transitional expenses remain repayable...

          3. 24.Health and Safety at Work etc. Act 1974 – civil liability

          4. 25.Nuclear Safeguards Act 2000

          5. 26.Environment and Safety Information Act 1988

        4. CHAPTER 4 Fees and expenses

          1. 27.Control of Major Accident Hazards Regulations 1999

          2. 28.Nuclear Reactors (Environmental Impact for Decommissioning) Regulations 1999

          3. 29.Nuclear Industries Security (Fees) Regulations 2005

          4. 30.Health and Safety (Fees) Regulations 2012

          5. 31.(1) A relevant fee which is not a transitional fee...

          6. 32.(1) Despite Part 2 of this Schedule, any outstanding fee...

        5. CHAPTER 5 Explosives licences

          1. 33.Dangerous Substances in Harbour Areas Regulations 1987

          2. 34.Manufacture and Storage of Explosives Regulations 2005

        6. CHAPTER 6 Other transitionals in connection with subordinate legislation amended by this Order

          1. 35.Nuclear Industries Security Regulations 2003

          2. 36.(1) A relevant approval which is in force immediately before...

          3. 37.A notification given by, or on behalf of, the Secretary...

          4. 38.(1) Any direction— (a) issued by, or on behalf of,...

          5. 39.Uranium Enrichment Technology (Prohibition on Disclosure) Regulations 2004

          6. 40.Carriage of Dangerous Goods and Transportable Pressure Equipment Regulations 2009

          7. 41.An authorisation granted, or deemed to be granted, pursuant to...

          8. 42.(1) A class 7 approval which is in force immediately...

          9. 43.(1) Where— (a) the Secretary of State for Energy and...

  12. Explanatory Note

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