PART 3Nuclear Regulation

F1CHAPTER 2ANuclear safeguards

Annotations:
Amendments (Textual)

76ANuclear safeguards regulations

1

The Secretary of State may by regulations (“nuclear safeguards regulations”) make provision for the purpose of—

a

ensuring that qualifying nuclear material, facilities or equipment are only available for use for civil activities (whether in the United Kingdom or elsewhere), or

b

giving effect to provisions of a relevant international agreement.

2

The regulations may, for example, make provision relating to—

a

record-keeping or accounting;

b

the provision or publication of information;

c

inspection or monitoring;

d

imports or exports;

e

the design of qualifying nuclear facilities or equipment;

f

the production, processing, use, handling, storage or disposal of qualifying nuclear material or equipment.

3

The following apply in relation to nuclear safeguards regulations as they apply in relation to nuclear regulations—

  • section 74(3) to (5) (nuclear regulations),

  • section 75 (offences),

  • section 76 (civil liability), and

  • paragraphs 2 to 16 of Schedule 6 (examples of provision that may be made by nuclear regulations).

4

Nothing in nuclear safeguards regulations applies in relation to anything done for defence purposes (within the meaning of section 70).

5

The provision that may be made by nuclear safeguards regulations by virtue of section 113(7) includes provision modifying F2assimilated law (within the meaning of the European Union (Withdrawal) Act 2018).

6

In this section—

  • “civil activities” means—

    1. a

      production, processing or storage activities which are carried on for peaceful purposes;

    2. b

      electricity generation carried on for peaceful purposes;

    3. c

      decommissioning;

    4. d

      research and development carried on for peaceful purposes;

    5. e

      any other activity carried on for peaceful purposes;

  • “equipment” has the meaning given by section 70(3);

  • “qualifying nuclear equipment” means equipment designed or adapted for use in connection with qualifying nuclear material or a qualifying nuclear facility;

  • “qualifying nuclear facility” means a facility (including associated buildings) in which qualifying nuclear material is produced, processed, used, handled, stored or disposed of;

  • “qualifying nuclear material” means—

    1. a

      fissionable material specified in regulations under subsection (7),

    2. b

      source material in the form of—

      1. i

        uranium metal, alloy or compound, or

      2. ii

        thorium metal, alloy or compound, or

    3. c

      ore containing a substance from which a source material falling within paragraph (b) is capable of being derived.

7

The Secretary of State may by regulations specify fissionable material for the purposes of the definition of “qualifying nuclear material”.

8

Before making any regulations under this section, the Secretary of State must consult—

a

the ONR, and

b

such other persons (if any) as the Secretary of State considers it appropriate to consult.

9

Subsection (8)(a) does not apply if the regulations give effect, without modification, to proposals submitted by the ONR under section 81(1)(a)(ia).

76BPayments in respect of compliance costs

1

The Secretary of State may by regulations authorise or require the ONR to make payments towards compliance costs.

2

“Compliance costs” means costs of complying with nuclear safeguards regulations or with specified provisions of nuclear safeguards regulations.

3

Regulations under subsection (1) may provide that payments are authorised or required to be made only in specified circumstances.

4

The ONR is responsible for determining the amounts of payments in accordance with any provision made by regulations under subsection (1).

5

In this section, “specified” means specified in regulations under subsection (1).