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PART 3Nuclear Regulation

CHAPTER 4Functions of the ONR

Exercise of functions: general

92Directions from Secretary of State

(1)The Secretary of State may give the ONR a direction as to the exercise by it of—

(a)its functions generally, or

(b)any of its functions specifically.

(2)A direction given by the Secretary of State under subsection (1)—

(a)may modify a function of the ONR, but

(b)must not confer functions on the ONR (other than a function of which it was deprived by a previous direction given under this section).

(3)The Secretary of State may give the ONR such directions as appear to the Secretary of State to be necessary or desirable in the interests of national security.

(4)A direction given by the Secretary of State under subsection (3) may—

(a)modify a function of the ONR,

(b)confer a function on the ONR.

(5)A direction under subsection (1) or (3) must not be given in relation to the exercise of a regulatory function in a particular case.

(6)If the Secretary of State is satisfied that there are exceptional circumstances relating to national security which justify giving a direction under this subsection, the Secretary of State may give the ONR a direction as to the exercise by the ONR of a regulatory function in a particular case.

(7)A direction given under subsection (6) must be for the nuclear security purposes.

(8)The Secretary of State must lay before Parliament a copy of any direction given under this section.

(9)Subsection (8) does not apply to a direction under subsection (6) if the Secretary of State considers that publishing the direction would be contrary to the interests of national security; but, in that event, the Secretary of State must lay before Parliament a memorandum stating that such a direction has been given and the date on which it was given.