Article 6(2)
1. The 2003 Regulations are amended as follows.
2.—(1) Subject to paragraph (2)—
(a)for “Secretary of State” substitute “ONR” in each place occurring;
(b)for “she” or “her” substitute “the ONR” or “the ONR’s” (as the case may be) in each place occurring.
(2) Paragraph (1) does not apply to—
(a)regulation 4(4)(a);
(b)the opening words in regulation 11(1);
(c)the opening words in regulation 21(1);
(d)regulation 22(5)(a)(iii);
(e)regulations 23, 24 and 26.
3.—(1) Regulation 2 (interpretation: general) is amended as follows.
(2) In paragraph (1)—
(a)omit the definitions of—
(i)“the 1974 Act”;
(ii)“the 1978 Order”;
(iii)“nuclear construction site”;
(iv)“nuclear site”;
(v)“other nuclear premises”;
(vi)“sensitive nuclear information”;
(vii)“United Kingdom ship”;
(b)after the definition of “the 2001 Act” insert—
““the 2013 Act” means the Energy Act 2013;
“2001 Act direction” means a direction given by the Secretary of State on or after 1st April 2014 under regulations made under section 77(1) of the 2001 Act;”.
(c)for the definition of “nuclear material” substitute—
““nuclear material” has the meaning given in section 70 of the 2013 Act (as extended under subsection (3) of that section);”;
(d)in the definition of “nuclear premises”—
(i)in paragraph (a)—
(aa)for “nuclear site” substitute “civil nuclear site”;
(bb)omit “(within the meaning given in Chapter 1 of Part 1 of the Energy Act 2004)”;
(ii)in paragraph (aa) for “nuclear construction site” substitute “civil nuclear construction site”;
(iii)in paragraph (b) for “nuclear site”, in the first place it occurs, substitute “civil nuclear site”;
(iv)in paragraph (c) for “nuclear premises” substitute “civil nuclear premises”;
(e)after the definition of “nuclear site licence” insert—
““the ONR” means the Office for Nuclear Regulation;”;
(f)for the definition of “United Kingdom person” substitute—
““United Kingdom person” has the meaning given in section 74(6) of the 2013 Act;”.
(3) In paragraph (2)—
(a)in sub-paragraph (a) for “nuclear site” substitute “civil nuclear site”;
(b)in sub-paragraph (aa) for “nuclear construction site” substitute “civil nuclear construction site”.
(4) In paragraph (4) omit “In these Regulations and”.
4. In regulation 4 (requirement for approved security plan for nuclear premises)—
(a)in paragraph (2)(f) for “nuclear construction site” substitute “civil nuclear construction site”;
(b)in paragraph (3A)—
(i)in sub-paragraph (a) for “nuclear site”, in both places in which it occurs, substitute “civil nuclear site”; and
(ii)in sub-paragraph (b) for “nuclear construction site” substitute “civil nuclear construction site” in each place occurring;
(c)omit paragraph (4).
5. In regulation 8 (temporary security plans during building works etc.)—
(a)in paragraph (1) for “nuclear construction site” substitute “civil nuclear construction site”;
(b)omit paragraph (9).
6.—(1) Regulation 11 (directions to responsible persons) is amended as follows.
(2) In paragraph (1), in the opening words, for “Secretary of State for the purpose specified in section 77(1) of the 2001 Act” substitute “ONR for the nuclear security purposes (within the meaning of section 70 of the Energy Act 2013)”.
(3) After paragraph (2) insert—
“(3) Any direction given by the ONR to a person on or after 1st April 2014 under paragraph (1)—
(a)is subject to any 2001 Act direction given to the person whenever given; and
(b)must state that it is subject to any such 2001 Act direction.”.
7. Omit regulation 12.
8.—(1) Regulation 21 (directions to carriers) is amended as follows.
(2) In paragraph (1), in the opening words, for “Secretary of State for the purpose specified in section 77(1) of the 2001 Act” substitute “ONR for the nuclear security purposes (within the meaning of section 70 of the Energy Act 2013”.
(3) After paragraph (2) insert—
“(3) Any direction given by the ONR to a carrier on or after 1st April 2014 under paragraph (1)—
(a)is subject to any 2001 Act direction given to the carrier whenever given; and
(b)must state that it is subject to any such 2001 Act direction.”.
9. After regulation 22(7) (regulation of sensitive nuclear information etc.) insert—
“(7A) Any direction given by the ONR to a person on or after 1st April 2014 under paragraph (7)(b)—
(a)is subject to any 2001 Act direction given to the person whenever given; and
(b)must state that it is subject to any such 2001 Act direction.”.
10. Omit regulations 23 and 24.
11.—(1) Regulation 25 (offences) is amended as follows.
(2) After paragraph (1) insert—
“(1A) For the purposes of paragraph (1), a person is not to be regarded as failing to comply with any provision mentioned in that paragraph by reason of anything done, or omitted to be done, by that person in order to comply with a 2001 Act direction.”.
(3) In paragraph (2) omit the words from “, under section 33” to “by virtue of regulation 24”.
12. After regulation 25 insert—
25A.—(1) Where a person to whom these Regulations apply—
(a)is required to comply with a 2001 Act direction; and
(b)is of the opinion that the person cannot comply both with that direction and any provision of these Regulations (a “relevant provision”),
that person must notify the ONR.
(2) A notification under paragraph (1) must—
(a)be given as soon as reasonably practicable;
(b)give details of the relevant 2001 Act direction; and
(c)specify the relevant provision.”.
13. After regulation 26 insert—
14. For regulation 27 (transport by ship) substitute—
27. These Regulations apply to transport in a United Kingdom ship whether or not that ship is in the territorial sea of the United Kingdom.
27A.—(1) Subject to the provisions of this regulation, these Regulations do not apply to transport in a ship that is not a United Kingdom ship.
(2) The relevant provisions apply to transport within the United Kingdom or its territorial sea in a ship that is not a United Kingdom ship if the ship—
(a)is proceeding to a port in the United Kingdom in order to enter it, or entering, leaving or proceeding from such a port and is carrying nuclear material, or
(b)is proceeding to such a port for nuclear material to be loaded on to it there.
(3) Paragraph (2) applies to transport in a Government ship only at a time when the ship is being used for commercial purposes.
(4) In their application to transport in a ship that is not a United Kingdom ship the provisions of Part 1 and regulations 18 to 21 of these Regulations apply with the following modifications—
(a)subject to paragraph (5), any obligation imposed by those provisions is to be read as an obligation that must be met in respect of the ship in question as a condition of its entry to the port in question;
(b)in regulations 18, 20 and 21 a reference to “an approved carrier”, or “the approved carrier” is to be read as a reference to “a carrier” or “the carrier” (as the case may be);
(c)regulation 18 applies as if in paragraph (5)(j) of that regulation the words from “the standards” to “or” were omitted;
(d)in regulation 19—
(i)subject to paragraph (ii), any reference to a “Class A carrier” is to be read as a reference of to “a carrier”;
(ii)the reference to “any other Class A carrier” in paragraph (5)(a) is to be read as a reference to “any other carrier”;
(e)regulation 21(1) applies as if sub-paragraphs (c) and (d) were omitted.
(5) Paragraph (4)(a) is without prejudice to the continuation of an obligation in so far as it is capable of remaining operative after a ship leaves the port in question.
(6) For the purposes of this regulation—
(a)“the relevant provisions” are the following provisions of these Regulations—
(i)Part 1;
(ii)regulations 18 to 21;
(iii)this Part;
(b)“Government ship” means a ship which—
(i)is not a United Kingdom ship; and
(ii)is owned by the Government of a country outside the United Kingdom or a department or agency of such a Government.”.
15. In regulation 28—
(a)for paragraph (3) substitute—
“(3) Regulation 27 applies as if the reference to a United Kingdom ship included a reference to a United Kingdom hovercraft.”;
(b)after paragraph (3) insert—
“(3A) Paragraphs (2) to (6) of regulation 27A apply as if the references in those paragraphs to a United Kingdom ship included a reference to a United Kingdom hovercraft.”.
16. After regulation 28 insert—
29.—(1) If—
(a)any person fails to comply with an obligation that by virtue of—
(i)paragraph 5(2) of Schedule 1 to the Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014,
(ii)regulation 27A(2), or
(iii)regulation 27A(2) as applied by regulation 28,
is to be met in respect of a ship as a condition of its entry to a port in the United Kingdom, and
(b)the ship enters or has entered the port or an attempt is or has been made for it to do so,
that person is guilty of an offence.
(2) For the purposes of paragraph (1), a person is not to be regarded as failing to comply with any obligation mentioned in that paragraph by reason of anything done, or omitted to be done, by that person in order to comply with a 2001 Act direction.
(3) A person guilty of an offence under paragraph (1) is liable—
(a)on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both), and
(b)on summary conviction, to imprisonment for a term not exceeding six months or in England and Wales a fine or, in Scotland and Northern Ireland, a fine not exceeding the statutory maximum (or both).
(4) Proceedings for an offence to which paragraph (3) applies that is committed outside the United Kingdom may be taken, and the offence may for incidental purposes be treated as having been committed, in any place in the United Kingdom.
(5) In paragraph (3)(b) as it has effect in England and Wales, the reference to a fine is to be read until the date on which section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (removal of limit on certain fines on conviction by magistrates’ court) comes into force as a reference to a fine not exceeding the statutory maximum.
30. Notwithstanding the provisions of this Part, nothing in these Regulations applies to acts done outside the United Kingdom by a person other than a United Kingdom person.”.
17. The Nuclear Safeguards (Notification) Regulations 2004(1) are amended as follows.
18.—(1) Subject to paragraph (2) for “Secretary of State” substitute “ONR” in each place occurring.
(2) Paragraph (1) does not apply to regulation 3.
19. In regulation 2 (interpretation) at the appropriate place insert—
““the ONR” means the Office for Nuclear Regulation;”.
20. In regulation 5(2) and (3) (persons not required to notify the Secretary of State) omit “3 or” in both places it occurs.
21. In regulation 6 (form of notification to the Secretary of State)—
(a)in paragraph (1) omit “3 or”;
(b)in paragraph (3)—
(i)for the words from “the UK Safeguards” to “SE1 9HS” substitute “the Office for Nuclear Regulation at the address given on its website as its postal address”;
(ii)for “UKSO@hse.gsi.gov.uk” substitute “the address given on the Office’s website as its address for electronic communications”.
22. The Uranium Enrichment Technology (Prohibition on Disclosure) Regulations 2004(2) are amended as follows.
23. In regulation 1(2) (citation, commencement and interpretation)—
(a)after the definition of “the Act” insert—
““appropriate authority”—
in relation to persons within England and Wales or Scotland, means the ONR;
in relation to—
persons within Northern Ireland; or
United Kingdom persons outside the United Kingdom,
means the Secretary of State;”;
(b)after the definition of “information” insert—
““the ONR” means the Office for Nuclear Regulation;”.
24.—(1) Regulation 3 (exempt disclosures) is amended as follows.
(2) In paragraph (1)—
(a)for paragraph (ii)(aa) substitute—
“(aa)the ONR; or”;
(b)in sub-paragraph (g) for “Secretary of State” substitute “appropriate authority”.
25. In regulation 4 (authorisation of disclosures)—
(a)for “Secretary of State” substitute “appropriate authority”. in each place occurring;
(b)for “she” substitute “the authority”, in each place occurring; and
(c)for “her”, in each place in which it occurs other than in paragraphs (4) and (7), substitute “the authority”.
(2) In paragraphs (4) and (7) for “her” substitute “the authority’s”.
26. In regulation 5 (withdrawal or variation of authorisations)—
(a)for “Secretary of State” substitute “appropriate authority”, in each place occurring;
(b)in paragraph (5) for “her” substitute “the authority’s”.
27. In regulation 6(5)(b) (sending and giving of applications, information, representations and notices) after “body corporate” insert “(including the ONR)”.
28.—(1) The 2009 Regulations(3) are amended as follows.
(2) In the Table in paragraph (5) of regulation 2 (interpretation – general) after the row in which the expression “armed forces” is defined insert—
| ““civil carriage of class 7 goods” | The carriage of class 7 goods by road, rail or inland waterway otherwise than for the purposes of the department of Secretary of State having responsibility for Defence.” |
(3) In the Table in regulation 12(1) for the row containing the entry for the Secretary of State for Energy and Climate Change substitute—
| “The Office for Nuclear Regulation | The carriage is national carriage and the authorisation relates to prohibitions and requirements arising out of functions for which the Office for Nuclear Regulation is the GB competent authority.”. |
(4) In regulation 25(3A) (competent authority) for “the Secretary of State for Energy and Climate Change” substitute “the Office for Nuclear Regulation”.
(5) For regulation 32 (enforcement) substitute—
“32.—(1) The enforcing authorities for these Regulations are—
(a)the Secretary of State for Defence in relation to road, rail and inland waterways but only in connection with those functions for which the Secretary of State for Defence is the GB competent authority;
(b)in so far as they apply to carriage of dangerous goods other than civil carriage of class 7 goods, the persons specified in paragraph (2).
(2) The enforcing authorities are—
(a)the Health and Safety Executive in relation to road and, subject to paragraph (3), rail,
(b)the Secretary of State for Transport in relation to road and inland waterways,
(c)the chief of police of each area in relation to road.
(3) The Health and Safety Executive is not an enforcing authority in relation to rail to the extent that the Office of Rail Regulation is an enforcing authority pursuant to regulation 3(1) of the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006.
(4) Despite paragraphs (1) to (3), the Secretary of State for Transport is the only enforcing authority in relation to the carriage of all classes of goods, except civil carriage of class 7 goods, to the extent that these Regulations require compliance with the security provisions.”.
(6) After regulation 32 insert—
32A.—(1) It is an offence for a person to contravene—
(a)any provision of these Regulations as they apply to the civil carriage of class 7 goods, or
(b)any requirement or prohibition imposed under any provision of these Regulations as they apply to such carriage (including any requirement or prohibition to which that person is subject by virtue of the terms of or any condition or restriction attached to any approval, exemption or other authority issued, given or granted under them).
(2) A person who commits an offence under this regulation is liable—
(a)on summary conviction to—
(i)imprisonment for a term not exceeding 12 months, or
(ii)a fine, or
(iii)both;
(b)on conviction on indictment to—
(i)imprisonment for a term not exceeding two years, or
(ii)a fine, or
(iii)both.
(3) Paragraphs (4) and (5) make transitional modifications to paragraph (2) as it applies to England and Wales.
(4) In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (general limit on magistrates’ court powers to imprison), the reference in paragraph (2)(a)(i) to imprisonment for a term not exceeding 12 months is to be read as reference to imprisonment for a term not exceeding six months.
(5) In relation to an offence committed before the commencement of section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (removal of limit on certain fines on conviction by magistrates’ court) the reference to a fine in paragraph (2)(a)(ii) is to be read as a reference to a fine not exceeding £20,000.”.
29. For regulation 4 of the Nuclear Installations (Dangerous Occurrences) Regulations 1965 (manner in which and persons to whom occurrences are to be reported)(4) substitute—
4.—(1) A report required to be made under section 22(2) of the Act to the appropriate national authority must be made in the manner prescribed in paragraph (2).
(2) The report must—
(a)be made by the quickest means available; and
(b)be subsequently confirmed in writing.
(3) Where a report is confirmed in writing, it must contain the information (or such part of that information as may be applicable to the occurrence concerned) specified in the Schedule.
4A.—(1) A report must be made under section 22(2)(b) of the Act of an occurrence of a class or description specified in regulation 3(1)(a)(i) or (b)—
(a)to the persons prescribed by paragraph (2); and
(b)in the manner prescribed by paragraph (3).
(2) The prescribed persons are—
(a)the local authority in whose area the occurrence happened; and
(b)the chief officer of police for the police area in which the occurrence happened.
(3) The report must be made by the quickest means available.
(4) In the application of this regulation to Scotland the reference to the local authority in whose area the occurrence happened is to be read as a reference to every local authority in whose area the occurrence happened.”.
30. The Safety Representatives and Safety Committees Regulations 1977(5) are amended as follows.
31. In regulation 2(1) (interpretation) after the definition of “recognised trade union” insert—
““relevant nuclear provisions” means—
sections 1, 3 to 6, 22 and 24A of the Nuclear Installations Act 1965;
to the extent they are treated as nuclear regulations, the provisions of the Carriage of Dangerous Goods and Transportable Pressure Equipment Regulations 2009;
the provisions of the Nuclear Industries Security Regulations 2003;
the provisions of nuclear regulations other than any provision of such regulations identified in accordance with section 74(9) of the Energy Act 2013 as made for the nuclear safeguards purposes;
“relevant nuclear site” means a site which is—
a GB nuclear site (within the meaning given in section 68 of the Energy Act 2013);
an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998); or
a new nuclear build site (within the meaning given in regulation 2A of those Regulations);”.
32.—(1) Regulation 4 (functions of safety representatives) is amended as follows.
(2) In paragraph (1)—
(a)in sub-paragraph (f) after “Executive” insert “, the Office for Nuclear Regulation”;
(b)for sub-paragraph (g) substitute—
“(g)to receive information—
(i)in relation to premises which are, or are on, a relevant nuclear site, from inspectors under paragraph 23 of Schedule 8 to the Energy Act 2013;
(ii)otherwise, from inspectors in accordance with section 28(8) of the 1974 Act;”;
(c)in the full-out words after “the 1974 Act” insert “or sections 102 and 103 of the Energy Act 2013”.
33.—(1) In regulation 4A(1)—
(a)in sub-paragraph (c) after “relevant statutory provisions” insert “or the relevant nuclear provisions”;
(b)in sub-paragraph (d) after “relevant statutory provisions” insert “or the relevant nuclear provisions”.
34.—(1) Regulation 5 (inspections of the workplace) is amended as follows.
(2) In paragraph (2) for “Health and Safety Executive” substitute “relevant authority”.
(3) After paragraph (2) insert—
“(2A) In paragraph (2), “relevant authority” means—
(a)in relation to a workplace which is, or is on, a relevant nuclear site, the Office for Nuclear Regulation;
(b)otherwise, the Health and Safety Executive.”.
35. In regulation 6(3) (inspections following notifiable accidents, occurrences and diseases) in the definition of “notifiable accident or dangerous occurrence” and “notifiable disease” after “the 1974 Act” insert “or the relevant nuclear provisions”.
36. In regulation 7(1) (inspection of documents and provision of information) after “the 1974 Act” insert “or the relevant nuclear provisions”.
37. The Dangerous Substances in Harbour Areas Regulations 1987(6) are amended as follows.
38. In regulation 2(1) (interpretation)—
(a)after the definition of “ADR” insert—
““appropriate authority” means—
in relation to a harbour which is, or forms part of, an ONR regulated site, the Office for Nuclear Regulation,
otherwise, the Health and Safety Executive;”;
(b)in the definition of “explosives licence” after “Executive” insert “or the Office for Nuclear Regulation”;
(c)after the definition of “monobuoy area” insert—
““ONR regulated site” means a site which is—
a GB nuclear site (within the meaning given in section 68 of the Energy Act 2013);
an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998); or
a new nuclear build site (within the meaning given in regulation 2A of those Regulations).”.
39.—(1) Regulation 35 (applications for explosives licences) is amended as follows.
(2) In paragraph (1)—
(a)in the opening words for “Health and Safety Executive” substitute “appropriate authority”;
(b)in the full-out words for “Executive” substitute “appropriate authority”.
40.—(1) Regulation 36 (consideration of licence applications) is amended as follows.
(2) In paragraph (1) for “Health and Safety Executive” substitute “appropriate authority”.
(3) In paragraph (2) for “Executive”, in both places in which it occurs, substitute “appropriate authority”.
41. After regulation 36 insert—
36A.—(1) Where this regulation applies any explosives licence issued by, or treated as issued by, the Office for Nuclear Regulation (“ONR”) is to be treated on and after the relevant date as an explosives licence issued by the Health and Safety Executive.
(2) This regulation applies where—
(a)the harbour in respect of which the licence was issued ceases to be a nuclear harbour; and
(b)the licence mentioned in sub-paragraph (a) remained in force (with or without variations) immediately before the date on which the harbour ceased to be a nuclear harbour
(3) In this regulation—
(a)“nuclear harbour” means a harbour which is, or forms part of an ONR regulated site;
(b)“relevant date” means, in relation to a harbour, the date on which it ceased to be a nuclear harbour.
36B.—(1) Where this regulation applies any explosives licence issued by, or treated as issued by, the Health and Safety Executive (“HSEis to be treated on and after the relevant date as an explosives licence issued by the Office for Nuclear Regulation.
(2) This regulation applies where—
(a)the harbour in respect of which the licence was issued becomes a nuclear harbour; and
(b)the licence mentioned in sub-paragraph (a) remained in force (with or without variations) immediately before the date on which the harbour became a nuclear harbour.
(3) For the purposes of this regulation—
(a)“nuclear harbour” has the meaning given by regulation 36A;
(b)“relevant date” means, in relation to a harbour, the date on which the harbour became a nuclear harbour.”.
42. In regulation 41 (deteriorated explosives) for “Health and Safety Executive” substitute “appropriate authority”.
43.—(1) Regulation 44 (enforcement) is amended as follows.
(2) In paragraph (1) for “paragraph (2)” substitute “section 18(1A) of the Health and Safety at Work etc. Act 1974 and paragraphs (2) and (3)”.
(3) After paragraph (2) insert—
“(3) The Office for Nuclear Regulation shall be responsible for enforcing these Regulations in any harbour which is, or forms part of, an authorised defence site or new nuclear build site.
(4) In this regulation “authorised defence site” and “new nuclear build site” have the meanings given in the Health and Safety (Enforcing Authority) Regulations 1998.”.
44.—(1) In Schedule 7 (procedure for explosives licence applications)—
(a)for “Health and Safety Executive” substitute “appropriate authority”, in each place occurring;
(b)for “Executive” substitute “appropriate authority”, in each place occurring.
45. For regulation 8 of the Dangerous Substances (Notification and Marking of Sites) Regulations 1990 (enforcing authority)(7) substitute—
“8.—(1) The enforcing authority for these Regulations is the appropriate fire body.
(2) The appropriate fire body is not the enforcing authority—
(a)for regulation 4(1) and 4(2);
(b)for regulations 5 to 7 in relation to a site occupied by a body specified in regulation 4(3) of the 1998 Regulations.
(3) The enforcing authority for regulation 4(1) and 4(2) is the ONR, the Executive, local authority or Office of Rail Regulation determined in accordance with the Health and Safety (Enforcing Authority) Regulations 1998 (“the 1998 Regulations”) and the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006.
(4) The enforcing authority for regulations 5 to 7 in relation to a site occupied by a body specified in regulation 4(3) of the 1998 Regulations is—
(a)where that site is an authorised defence site or new nuclear build site, the Office for Nuclear Regulation,
(b)otherwise, the Executive.
(5) This regulation applies subject to section 18(1A) of the Health and Safety at Work etc. Act 1974.
(6) In this regulation—
(a)“appropriate fire body” means—
(i)in England and Wales, the fire authority;
(ii)in Scotland, the Scottish Fire and Rescue Authority.
(b)“authorised defence site” and “new nuclear build site” have the meanings given in the 1998 Regulations.”.
46. The Control of Explosives Regulations 1991(8) are amended as follows.
47. In regulation 2(1) (interpretation) after the definition of “occupier” insert—
““the ONR” means the Office for Nuclear Regulation;”.
48. After regulation 3(4)(d) (application) insert—
“(e)the ONR.”.
49. In regulation 11(1)(a) (licensed occupier to appoint person responsible for the security of explosives) after “Executive” insert “or the ONR”.
50. After regulation 13(8) (reporting loss) insert—
“(9) Where any loss of explosive occurs at a site in relation to which the ONR is the licensing authority by virtue of paragraph 4 of Schedule 1 to the 2005 Regulations, then any requirement in this regulation to report or supply information to a chief officer of police shall also include a like requirement to report or supply the same information to the ONR.”.
51. For regulation 15 (enforcement) substitute—
“15.—(1) This regulation applies subject to section 18(1A) of the Health and Safety at Work etc. Act 1974.
(2) Subject to the following paragraphs of this regulation, the enforcing authority for these Regulations in any area of Great Britain is the chief officer of police for that area.
(3) Subject to paragraph (3), the Executive is the enforcing authority—
(a)in relation to regulation 11;
(b)in relation to regulation 12—
(i)in respect of any place within a site in relation to which the Executive is the licensing authority by virtue of paragraph 1(c) of Schedule 1 to the 2005 Regulations;
(ii)in respect of any place in premises occupied on behalf of the Crown for naval, military or air force purposes or for the purposes of the department of the Secretary of State having responsibility for defence; and
(iii)under regulation 12(1) in respect of any place below ground in any mine;
(c)for these Regulations for any area outside Great Britain.
(4) The ONR is the enforcing authority in relation to regulations 11 and 12 in respect of any place—
(a)within a site in relation to which the ONR is the licensing authority by virtue of paragraph 4 of Schedule 1 to the 2005 Regulations;
(b)within—
(i)an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998); or
(ii)a new nuclear build site (within the meaning given in regulation 2A of those Regulations).
(5) The enforcing authority for these Regulations against a police force or any member of a police force is—
(a)in so far as these Regulations apply in relation to activities carried out on, or in relation to, an authorised defence site or new nuclear build site, the ONR;
(b)otherwise, the Executive.”.
52.—(1) Schedule 5 (Enforcement) to the Simple Pressure Vessels (Safety) Regulations 1991(9) is amended as follows.
(2) In paragraph 1(a) for “Executive”, in both places it occurs, substitute “appropriate authority”.
(3) In paragraph 9—
(a)after the definition of “the 1987 Act” insert—
““appropriate authority”—
in so far as these Regulations apply—
to vessels intended exclusively or primarily for use on relevant nuclear sites; or
the taking of vessels or relevant assemblies into service on such sites,
means the Office for Nuclear Regulation;
otherwise, the Executive;”;
(b)in the definition of “enforcement authority” after “Executive” insert “, the Office for Nuclear Regulation”;
(c)after the definition of “the Order” insert—
““relevant nuclear site” means a site which is—
a GB nuclear site (within the meaning given in section 68 of the Energy Act 2013);
an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998); or
a new nuclear build site (within the meaning given in regulation 2A of those Regulations);”.
53. The Placing on the Market and Supervision of Transfers of Explosives Regulations 1993(10) are amended as follows.
54. In regulation 3 (application)—
(a)at the end of paragraph (3)(b) omit “or”;
(b)at the end of paragraph (c) insert—
“; or
(d)the Office for Nuclear Regulation.”.
55.—(1) Regulation 9 (enforcement) is amended as follows.
(2) For paragraph (1) substitute—
“(1) Notwithstanding the provisions of the Health and Safety (Enforcing Authority) Regulations 1998 and subject to section 18(1A) of the 1974 Act, the enforcing authority for these Regulations is—
(a)in so far as these Regulations apply on, or in relation to, any activity carried out wholly or mainly on nuclear premises, the Office for Nuclear Regulation;
(b)otherwise, the Executive.”.
(3) After paragraph (4) insert—
“(5) For the purposes of this regulation “nuclear premises” means premises which are, or are on—
(a)a GB nuclear site (within the meaning given in section 68 of the Energy Act 2013);
(b)an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 2008); or
(c)a new nuclear build site (within the meaning given in regulation 2A of those Regulations).”.
56. The Electrical Equipment (Safety) Regulations 1994(11) are amended as follows.
57. In regulation 11 (internal production control) after “the Health and Safety Executive” insert “, the Office for Nuclear Regulation”.
58.—(1) Regulation 17 (regulations to be treated as safety regulations within the meaning of the 1987 Act) is amended as follows.
(2) In paragraph (3)—
(a)in sub-paragraph (a) for “Health and Safety Executive” (“the Executive”)” substitute “appropriate GB authority”;
(b)in sub-paragraph (b)(ii) for “Executive” substitute “appropriate GB authority”.
(3) In paragraph (6) for “Executive” substitute “appropriate GB authority”.
(4) After paragraph (6) insert—
“(7) For the purposes of this regulation “appropriate GB authority” means—
(a)in relation to electrical equipment intended exclusively or primarily for use on—
(i)a GB nuclear site (within the meaning given in section 68 of the Energy Act 2013);
(ii)an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998); or
(iii)a new nuclear build site (within the meaning given in regulation 2A of those Regulations),
the Office for Nuclear Regulation;
(b)otherwise, the Health and Safety Executive.”.
59. The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 1996(12) are amended as follows.
60. In regulation 2(2) (interpretation)—
(a)omit the definition of “enforcement authority”;
(b)after the definition of “equipment group II” insert—
““the Executive” means the Health and Safety Executive established under section 10 of the Health and Safety at Work etc. Act 1974;”.
61. In regulation 14(2)(a) (conditions for equipment etc. being taken to comply with the provisions of the ATEX Directive) for “enforcement authority”, in both places it appears, substitute “Executive”.
62. After regulation 15(5) (enforcement) insert—
“(6) For the purposes of this regulation “enforcement authority” means—
(a)in any case where it is responsible for the enforcement of these Regulations in accordance with Schedule 14, the Office for Nuclear Regulation;
(b)otherwise, the Executive.”.
63.—(1) Schedule 14 (enforcement) is amended as follows.
(2) For paragraph 1(a) substitute—
“(a)subject to sub-paragraph (aa), it shall be the duty of the Executive to make adequate arrangements for the enforcement of these Regulations;”.
(3) After paragraph 1(a) insert—
“(aa)it shall be the duty of the Office for Nuclear Regulation to make adequate arrangements for the enforcement of these Regulations as they apply to—
(i)any person who places on the market or supplies a relevant product intended exclusively or primarily for use on a GB nuclear site;
(ii)any person who puts a relevant product into service on a relevant nuclear site;
(ab)accordingly a reference to the provisions applied for the purposes of such enforcement by sub-paragraph (b) below to an “enforcing authority” shall be construed as a reference to the Executive or the Office for Nuclear Regulation (as the case may be).”.
(4) In paragraph 2—
(a)for “An enforcement authority” substitute “The Executive”;
(b)After paragraph 2(1) insert—
“(1A) The Office for Nuclear Regulation may apply under this paragraph for an order for the forfeiture of any relevant product on the grounds that there has been a contravention in relation thereto of—
(a)regulation 6 in so far as it applies to—
(i)the placing on the market of any relevant product which is intended exclusively or primarily for use on a GB nuclear site;
(ii)putting a relevant product into service on a relevant nuclear site;
(b)regulation 7 in so far as it applies to the supply of any relevant product intended exclusively or primarily for use on a GB nuclear site;
(c)regulation 8 in so far as it applies to the placing on the market of any component intended exclusively or primarily for use on a GB nuclear site;”.
(5) In paragraph 4 for “enforcement authority” substitute “Executive or the Office for Nuclear Regulation”.
(6) In paragraph 6 for “enforcement authority” substitute “Executive or the Office for Nuclear Regulation”.
(7) In paragraph 7—
(a)after the definition of “the 1974 Act” insert—
““GB nuclear site” has the meaning given in section 68 of the Energy Act 2013;
“relevant nuclear site” means a site which is—
a GB nuclear site;
an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998);
a new nuclear build site (within the meaning given in regulation 2A of those Regulations).”.
64. For regulation 7 (enforcement) of the Health and Safety (Safety Signs and Signals) Regulations 1996(13) substitute—
“7.—(1) Subject to section 18(1A) of the 1974 Act and despite the provision made by the Health and Safety (Enforcing Authority) Regulations 1998 (“the 1998 Regulations”), the enforcing authority in relation to fire safety signs provided in pursuance of regulation 4(4) as applied by regulation 4(3) (signs provided to comply with the provisions of any enactment) is—
(a)in the case of premises and activities to which these Regulations apply by virtue of paragraph (2)(b) of regulation 3, the Health and Safety Executive;
(b)in the case of premises which are, or are on, or activities carried out on, an authorised defence site or new nuclear build site, the Office for Nuclear Regulation;
(c)in any other case, the authority or class of authorities responsible for enforcing the relevant provision of the enactment which applies to the case.
(2) In this regulation, “authorised defence site” and “new nuclear build site” have the meanings given in the 1998 Regulations.”.
65. For regulation 6 of the Marking of Plastic Explosives for Detection Regulations 1996(14) (enforcement) substitute—
“6.—(1) Notwithstanding the provisions of the Health and Safety (Enforcing Authority) Regulations 1998 (“the 1998 Regulations”) and subject to section 18(1A) of the Health and Safety at Work etc. Act 1974 and paragraph (2), the Executive shall be the enforcing authority for these Regulations—
(a)in Great Britain; and
(b)in those areas outside Great Britain where these Regulations apply by virtue of regulation 7.
(2) The Office for Nuclear Regulation shall be the enforcing authority for regulations 3 and 4 of these Regulations as they apply on or in relation to authorised defence sites and new nuclear build sites.
(3) In this regulation, “authorised defence site” and “new nuclear build site” have the meanings given in the 1998 Regulations.”.
66. The Lifts Regulations 1997(15) are amended as follows.
67. In regulation 2(2) (interpretation)—
(a)for paragraph (a)(i) of the definition of “enforcement authority” substitute—
“(i)in Great Britain—
(aa)in so far as these Regulations apply on, or in relation to, any premises which are, or are on, or any activity carried out on, a relevant nuclear site, the Office for Nuclear Regulation;
(bb)otherwise, the Health and Safety Executive established under section 10 of the Health and Safety at Work etc. Act 1974;”;
(b)after the definition of “relevant essential health and safety requirements” insert—
““relevant nuclear site” means a site which is—
a GB nuclear site (within the meaning given in section 68 of the Energy Act 2013);
an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998); or
a new nuclear build site (within the meaning given in regulation 2A of those Regulations).”.
68.—(1) Schedule 15 (enforcement) is amended as follows.
(2) In paragraph 1(a) (enforcement in Great Britain) for “Executive”, in each place it occurs, substitute “appropriate authority”.
(3) In paragraph 8 (interpretation) after the definition of “the 1987 Act” insert—
““appropriate authority” means—
in so far as these Regulations apply on, or in relation to, any premises which are, or are on, or any activity carried out on, a relevant nuclear site, the Office for Nuclear Regulation;
otherwise, the Executive.”.
69.—(1) The Diving at Work Regulations 1997(16) are amended as follows.
(2) In regulation 2(1) (interpretation)—
(a)after the definition of “the 1995 Order” insert—
““appropriate authority” means—
in any case where the diving project is a nuclear diving project, the Office for Nuclear Regulation;
otherwise, the Executive.”;
(b)after the definition of “Executive” insert—
““nuclear diving project” means a diving project made up wholly or mainly of diving operations carried out on or in relation to a site which is—
a GB nuclear site (within the meaning given in section 68 of the Energy Act 2013);
an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998);
a new nuclear build site (within the meaning given in regulation 2A of those Regulations).”.
(3) In regulation 7 (information to be supplied by diving contractor) for “Executive” substitute “appropriate authority” in each place it occurs.
(4) In Schedule 1 (particulars to be included in written notice by the diving contractor) for “Executive” substitute “appropriate authority” in each place it occurs.
70. The Health and Safety (Enforcing Authority) Regulations 1998(17) are amended as follows.
71. After regulation 1 insert—
1A. Nothing in these Regulations applies to the enforcement of the relevant statutory provisions as they apply in relation a GB nuclear site (within the meaning given in section 68 of the Energy Act 2013).”.
72. In regulation 2(1) (interpretation)—
(a)after the definition of “agricultural activities” insert—
““authorised defence site” means a site in England and Wales or Scotland—
that is used for any purpose which, if section 1 of the Nuclear Installations Act 1965 applied to the Crown, would require the authority of a nuclear site licence in respect of that site; and
for which there is in force an authorisation granted by or on behalf of the Secretary of State having responsibility for defence authorising it to be used for that purpose;”;
(b)after the definition of “mine” insert—
““the ONR” means the Office for Nuclear Regulation;
“new nuclear build site” has the meaning given in regulation 2A;
“nuclear warship site” has the meaning given in regulation 2B;”.
73. After regulation 2 insert—
2A.—(1) Subject to paragraphs (3) and (4), “new nuclear build site” means a site which—
(a)is immediately adjacent to a GB nuclear site (“the associated site”);
(b)is, or forms part of, a construction site where construction work is being carried out—
(i)wholly or mainly for the purpose of the installation of one or more nuclear installations on the associated site; and
(ii)by or on behalf of the person to whom the nuclear site licence for the associated site has been granted.
(3) A site is not a new nuclear build site if, on the date construction work starts on that site, there is a nuclear installation installed on the associated site.
(4) A site ceases to be a new nuclear build site on the completion of the construction work mentioned in paragraph (1)(b).
(5) In this regulation—
(a)“construction site” and “construction work” have the meanings given in regulation 2(1) of the Construction and Design Management Regulations 2007;
(b)“GB nuclear site” has the meaning given in section 68 of the Energy Act 2013;
(c)“nuclear site licence” and “nuclear installation” have the meanings given in section 26 of the Nuclear Installations Act 1965.
2B.—(1) For the purposes of these Regulations, “nuclear warship site” means a site which falls within paragraph (2).
(2) A site falls within this paragraph if—
(a)it is, or contains, a berth or an anchorage; and
(b)relevant arrangements have—
(i)been made for the use of the berth or anchorage (as the case may be) by a nuclear powered warship; and
(ii)been notified to the ONR by the Secretary of State.
(3) A site ceases to fall within paragraph (2) if the Secretary of State notifies the ONR that the relevant arrangements made for the use of the berth or anchorage by a nuclear powered warship are no longer in place.
(4) In this regulation, “relevant arrangements” means, in relation to a berth or an anchorage (as the case may be), arrangements—
(a)made between the Secretary of State and the owner or occupier in any case where the Secretary of State is not the owner or occupier of the site which is, or contains, the berth or anchorage,
(b)otherwise, made by the Secretary of State.”.
74. In regulation 3(7) (local authorities to be enforcing authorities in certain cases) for “regulations, 4, 5 and 6” substitute “regulations 4 to 6A”.
75.—(1) Regulation 4 (exceptions) is amended as follows.
(2) In paragraph (6) for “regulations 5 and 6” substitute “regulations 4A to 6A”.
(3) In paragraph (7)—
(a)in sub-paragraph (b) after “paragraph 1” insert “or 4”;
(b)in sub-paragraph (c) after “paragraph 1” insert “or 4”.
(4) For paragraph (8) substitute—
“(8) The enforcing authority in respect of manufacture and storage of ammonium nitrate blasting intermediate shall be—
(a)in relation to manufacture or storage on an authorised defence site or new nuclear build site, the ONR;
(b)otherwise, the Executive.”.
(5) In paragraph (10)—
(a)after sub-paragraph (a) insert—
“(aa)where the disposal or decontamination is carried out by, or on behalf of, a person who holds a licence granted by, or treated as granted by, the ONR under those Regulations in a case in which the assent of the local authority was required under regulation 13(3) of those Regulations before the licence was granted, the ONR;”;
(b)in sub-paragraph (b) for “sub-paragraph (a)” substitute “sub-paragraphs (a) and (aa)”.
76. After regulation 4 insert—
4A.—(1) The ONR shall be the enforcing authority for premises which are or are on—
(a)an authorised defence site; or
(b)a new nuclear build site.
(2) The ONR shall also be the enforcing authority for—
(a)the provisions of—
(i)the Ionising Radiation Regulations 1999; and
(ii)the Radiation Emergency Preparedness and Public Information Regulations 2001,
in so far as they apply to premises which are or are on a nuclear warship site;
(b)subsections (1), (2), (4) and (5) of section 6 of the 1974 Act (general duties of manufacturers etc. as regards articles and substances for use at work) but only in so far as those requirements relate to—
(i)articles for use at work which are designed, manufactured, imported or supplied; or
(ii)substances which are manufactured, imported or supplied,
to be used exclusively or primarily in the installation, operation or decommissioning of a GB nuclear site or an authorised defence site;
(c)subsection (3) of section 6 of the 1974 Act in so far as the requirements of that provision relate to the erection or installation of any article for use at work in any premises which are or are on an authorised defence site or a new nuclear build site.
(3) For the purposes of paragraph (2)(a) above “premises” includes a nuclear powered warship during any period it is berthed or anchored at a nuclear warship site.
(4) The preceding provisions of this regulation have effect subject to—
(a)regulation 6A; and
(b)any provisions made for enforcement responsibility by other regulations made under the 1974 Act or any of the existing statutory provisions.”.
77. Before regulation 5(1) (arrangements enabling responsibility for enforcement to be transferred) insert—
“(A1) This regulation applies in relation to any relevant statutory provision to the extent that either the Executive or the local authority is the enforcing authority for the provision.”.
78.—(1) Regulation 6 (arrangements enabling responsibility for enforcement to be assigned in cases of uncertainty) is amended as follows.
(2) For the heading substitute—
(3) For paragraph (1) substitute—
“(1A) This regulation applies where there is uncertainty as to what are the respective responsibilities of the Executive and the local authority by virtue of regulations made under section 18(2) of the 1974 Act for the enforcement of any of the relevant statutory provisions in respect of any particular premises, part of premises or any activity carried on there.
(1B) The responsibility for enforcing the relevant statutory provision in question in the respect in question may be assigned by the Executive and the local authority (acting jointly) to the Executive or to the local authority.
(1C) An assignment under paragraph (1B) may only be made where the Executive and the local authority agree—
(a)that there is uncertainty in the particular case as to what are their respective responsibilities by virtue of regulations made under section 18(2) of the 1974 Act; and
(b)which of them is the more appropriate to be responsible for enforcement in that case.
(1D) Where an assignment is made under paragraph (1B) the authority to which responsibility is assigned must give notice of the assignment to any person affected by it.”.
79. After regulation 6 insert—
6A.—(1) This regulation applies where there is uncertainty as to what are the respective responsibilities of the Executive and the ONR by virtue of regulations made under section 15 or 18(2) of the 1974 Act for the enforcement of—
(a)section 6 of the 1974 Act in respect of any particular article for use at work or substance; or
(b)any other relevant statutory provision in respect of any premises, part of premises or any activity carried on there.
(2) The responsibility for enforcing the relevant statutory provision in question in the respect in question may be assigned by the Executive and the ONR (acting jointly) to the Executive or the ONR.
(3) An assignment under paragraph (2) may be made only where the Executive and the ONR agree—
(a)that there is uncertainty in the particular case as to what are their respective responsibilities by virtue of regulations made under section 15 or 18(2) of the 1974 Act are; and
(b)which of them is more appropriate to be responsible for enforcement in that case.
(4) Where an assignment is made under paragraph (2), the authority to which responsibility is assigned must give notice of the assignment to any person affected by it.
6B.—(1) This regulation applies where there is uncertainty as to what are the respective responsibilities of the ONR and a local authority by virtue of regulations made under section 18(2) of the 1974 Act for the enforcement of any of the relevant statutory provisions in respect of any particular premises, part of premises or any activity carried on there.
(2) The responsibility for enforcing the relevant statutory provision in question in the respect in question may be assigned by the ONR and the local authority (acting jointly) to the ONR or the local authority.
(3) An assignment under paragraph (2) may be made only where the ONR and the local authority agree—
(a)that there is uncertainty in the particular case as to what are their respective responsibilities by virtue of regulations made under 18(2) of the 1974 Act are; and
(b)which of them is more appropriate to be responsible for enforcement in that case.
(4) Where an assignment is made under paragraph (2), the authority to which responsibility is assigned must give notice of the assignment to any person affected by it.”.
80. The Working Time Regulations 1998(18) are amended as follows.
81.—(1) Regulation 28 (enforcement) is amended as follows.
(2) In paragraph (1)—
(a)after the definition of “the 1974 Act” insert—
““2013 Act” means the Energy Act 2013;”;
(b)in the definition of “enforcement authority” after “VOSA” insert “, the ONR”;
(c)after the definition of “local authority” insert—
““ONR” means the Office for Nuclear Regulation;”;
(d)after the definition of “relevant civil aviation worker” insert—
““relevant nuclear provisions” means—
sections 1, 3 to 6, 22 and 24A of the Nuclear Installations Act 1965;
the provisions of the 2013 Act;
the provisions of nuclear regulations other than any provision of such regulations identified in accordance with section 74(9) of the 2013 Act as made for the nuclear safeguards purposes;
“relevant nuclear site” means a site which is—
a GB nuclear site (within the meaning given by section 68 of the 2013 Act);
an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998); or
a new nuclear build site (within the meaning given in regulation 2A of those Regulations);”.
(3) After paragraph (2)(d) insert—
“(e)the ONR is made responsible for their enforcement by paragraph (3AA).”.
(4) After paragraph (3A) insert—
“(3AA) Where the relevant requirements apply in relation to workers employed in premises which are or are on a relevant nuclear site, it shall be the duty of the ONR to enforce those requirements.”.
82.—(1) In paragraph 8 of Schedule 3 (restrictions on disclosure of information)—
(a)in sub-paragraph (3)—
(i)in paragraph (a) after “the Commission” insert “, the ONR”;
(ii)in paragraph (b) after “relevant statutory provisions” insert “, relevant nuclear provisions”;
(b)in sub-paragraph (4) after “the Commission” insert “, the ONR”;
(c)after sub-paragraph (4) insert—
“(4A) In sub-paragraph (3) a reference to the ONR also includes a reference to—
(a)a person performing functions of the ONR on its behalf by virtue of section 95 of the 2013 Act;
(b)an officer of a body which is so performing any such functions; and
(c)a person appointed to provide advice to the ONR.”;
(d)in sub-paragraph (5)—
(i)in paragraph (a)—
(aa)after “the Commission” insert “, or the ONR”;
(bb)after “these Regulations” insert “, the relevant nuclear provisions”;
(ii)in paragraph (b) after “relevant statutory provisions” insert “, the relevant nuclear provisions”;
(iii)in paragraph (c) after “relevant statutory provisions” insert “, the relevant nuclear provisions”.
83. The Control of Major Accident Hazards Regulations 1999(19) are amended as follows.
84. In regulation 2(1) (interpretation)—
(a)for the definition of “competent authority” substitute—
““competent authority” means
in relation to a nuclear establishment, the ONR and the appropriate agency acting jointly;
otherwise, the Executive and the appropriate agency acting jointly.”;
(b)after the definition of “notify” insert—
““nuclear establishment” means an establishment which is or is wholly or partly within—
a GB nuclear site (within the meaning given in section 68 of the Energy Act 2013); or
a new nuclear build site (within the meaning given in regulation 2A of the Health and Safety (Enforcing Authority) Regulations 1998);”;
(c)after the definition of “off-site emergency plan” insert—
““the ONR” means the Office for Nuclear Regulation;”.
85. In Regulation 7(11) (safety report) after “the Executive” insert “, the ONR”.
86.—(1) Regulation 15 (provision of information to the competent authority) is amended as follows.
(2) In paragraph (4) after “Executive” insert “or the ONR”.
(3) For paragraph (5) substitute—
“(5) Anything required to be sent by an operator of an establishment to the competent authority pursuant to these Regulations shall be sent to the authority—
(a)at an office of the ONR in the case of a nuclear establishment;
(b)at an office of the Executive in the case of any other establishment. ”.
87. After regulation 16(3) (provision of information to other establishments) insert—
“(4) The Executive, ONR and appropriate agency acting jointly shall, using the information received from operators in notifications sent pursuant to regulation 6 and in safety reports in their role as competent authority, designate groups of nuclear and other establishments where the likelihood or consequences of a major accident may be increased because of the location and proximity of the nuclear and other establishments in the group and the dangerous substances present there.
(5) The Executive, ONR and appropriate agency shall notify each operator of an establishment in a group designated pursuant to paragraph (4) of the names and addresses of the other establishments within the same group.
(6) Paragraph (3) applies to any operator of an establishment in a group designated pursuant to paragraph (4) as it applies to an operator of an establishment in a group designated pursuant to paragraph (1).”.
88. In Regulation 19(4) (inspections and investigations) for “or the Executive” substitute “, the Executive or the ONR”.
89.—(1) Regulation 20 (enforcement) is amended as follows.
(2) At the beginning of paragraph (6) insert “Subject to section 18(1A) of the 1974 Act and paragraphs (6A) and (6B) but,”.
(3) After paragraph (6) insert—
“(6A) Paragraph (6) does not apply in relation to any establishment which is a nuclear establishment.
(6B) The ONR shall, for the purposes of the 1974 Act, be the enforcing authority for the relevant statutory provisions at an establishment which is a nuclear establishment.”.
90.—(1) Regulation 22 (fee payable by operator) is amended as follows.
(2) In paragraph (1) for “Executive” substitute “appropriate authority”.
(3) In paragraph (2)—
(a)in the opening words for “Executive” substitute “appropriate authority”;
(b)in paragraphs (a) and (b) for “the Executive”, in each place in which it occurs, substitute “that authority”.
(4) In paragraph (2A)—
(a)for “the Executive”, in the first place in which it occurs, substitute “the appropriate authority”;
(b)for “the Executive”, in each other place in which it occurs, substitute “that authority”.
(5) In paragraph (3)(a) and (b) for “Executive”, in both places in which it occurs, substitute “appropriate authority”.
(6) In paragraph (4) for “Executive” substitute “appropriate authority”.
(7) In paragraph (7) after “the Executive” insert “or the ONR”.
(8) After paragraph (8) insert—
“(9) In this regulation “appropriate authority” means—
(a)in relation to an establishment which is a nuclear establishment, the ONR;
(b)otherwise, the Executive.”.
91. The Pressure Equipment Regulations 1999(20) are amended as follows.
92. In regulation 2(2) (interpretation)—
(a)before the definition of “assembly” insert—
““appropriate authority”—
insofar as these Regulations apply to—
the manufacture of pressure equipment or assemblies intended exclusively or primarily for use on a relevant nuclear site; or
the putting into service of pressure equipment or assemblies on premises which are, or are on, a relevant nuclear site,
means the Office for Nuclear Regulation;
otherwise, means the Health and Safety Executive established under section 10 of the Health and Safety at Work etc. Act 1974;”;
(b)for paragraph (i) of sub-paragraph (a) of the definition of “enforcement authority” substitute—
“(i)in Great Britain, the appropriate authority and”;
(c)after the definition of “relevant essential requirements” insert—
““relevant nuclear site” means a site which is—
a GB nuclear site (within the meaning given in section 68 of the Energy Act 2013);
an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998); or
a new nuclear build site (within the meaning given in regulation 2A of those Regulations).”.
93. In paragraph 1(a) of Schedule 8 (enforcement) for “Executive”, in both places in which it appears, substitute “appropriate authority”.
94. The Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999(21) are amended as follows.
95. Subject to paragraphs 96 and 97, for “Executive” substitute “ONR” in each place occurring.
96. In regulation 2(1) (definitions)—
(a)omit the definition of “the Executive”;
(b)after the definition of “local planning authority” insert—
““the ONR” means the Office for Nuclear Regulation;”.
97. In regulation 16(1) (enforcement) for “Health and Safety Executive” substitute “ONR”.
98. The Ionising Radiations Regulations 1999(22) are amended as follows.
99. In regulation 2(1) (interpretation) after the definition of “radioactive substance” insert—
““relevant authority” means—
in so far as these Regulations apply in relation to, or in relation to any activity carried out on, any nuclear premises, the Office for Nuclear Regulation;
otherwise, the Executive.
“nuclear premises” means premises which are or are on—
a GB nuclear site (within the meaning given in section 68 of the Energy Act 2013);
an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998);
a new nuclear build site (within the meaning given in regulation 2A of those Regulations); or
a nuclear warship site (within the meaning given in regulation 2B of those Regulations).”.
100.—(1) In the provisions specified in paragraph (2) for “Executive” substitute “relevant authority” in each place occurring.
(2) The specified provisions are—
(a)regulation 21(3)(f);
(b)regulation 32(6);
(c)regulation 36(1)(b);
(d)regulation 37(1) and (2);
(e)regulation 39(8);
(f)paragraphs (5) and (8) of regulation 40;
(g)regulation 41(4);
(h)the heading for Schedule 3;
(i)paragraphs 13(c), 14(b), 18, 19, 20 and 22 of Part 2 of Schedule 4;
(j)note 1 to Part 1 of Schedule 8.
101.—(1) Regulation 5 (authorisation of specified practices) is amended as follows.
(2) In paragraphs (1), (2), (4), (5) and (7) for “Executive”, in each place it occurs, substitute “appropriate authority”.
(3) After paragraph (7) insert—
“(8) In this regulation “appropriate authority” means—
(a)in relation to practices carried out exclusively or primarily on nuclear premises, the ONR;
(b)otherwise, the Executive.”.
102.—(1) Regulation 6 (notification of specified practices) is amended as follows.
(2) For “Executive”, in each place it occurs, substitute “appropriate authority”.
(3) After paragraph (9) insert—
“(10) In this regulation “appropriate authority” means—
(a)in relation to practices carried out exclusively or primarily on premises which are or are on—
(i)an authorised defence site;
(ii)a new nuclear build site;
(iii)a nuclear warship site,
the ONR;
(b)otherwise, the Executive.”.
103.—(1) Regulation 22 (estimated doses and special entries) is amended as follows.
(2) In paragraphs (6), (7) and (8) for “Executive”, in each it occurs, substitute “appropriate authority”
(3) After paragraph (8) insert—
“(9) In this regulation “appropriate authority” means—
(a)in relation to a classified person employed wholly or mainly on nuclear premises, the ONR;
(b)otherwise, the Executive.”.
104.—(1) Regulation 25 (investigation and notification of overexposure) is amended as follows.
(2) In paragraph (1)(a)(i) for “Executive” substitute “appropriate authority”.
(3) After paragraph (3) insert—
“(4) In this regulation “appropriate authority” means—
(a)in relation to overexposure as a result of work carried out on nuclear premises, the ONR;
(b)otherwise, the Executive.”.
105.—(1) The Radiation (Emergency Preparedness and Public Information) Regulations 2001(23) are amended as follows.
(2) After regulation 18(A)(a) (modifications relating to the Office of Rail Regulation) insert—
“(aa)regulation 18B (modifications relating to the Office for Nuclear Regulation);”
(3) After regulation 18A insert—
18B.—(1) Subject to paragraph (2), in so far as these Regulations apply in relation to any premises, or in relation to any activity carried out on premises, which are, or are on, a relevant nuclear site, they have effect as if any reference to the Executive were a reference to the Office for Nuclear Regulation.
(2) Paragraph (1) does not apply to—
(a)the definition of “the Executive” in regulation 2(1) (interpretation);
(b)regulation 18A (modifications relating to the Office of Rail Regulation);
(c)regulation 20 (transitional provisions);
(d)note 6 at the end of Part 1 of Schedule 4 (specified quantities for the transport of radionuclides).
(4) In this regulation “relevant nuclear site” means a site which is—
(a)a GB nuclear site (within the meaning given in section 68 of the Energy Act 2013);
(b)an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998);
(c)a new nuclear build site (within the meaning given in regulation 2A of those Regulations); or
(d)a nuclear warship site (within the meaning given in regulation 2B of those Regulations).”.
106.—(1) The Control of Lead at Work Regulations 2002(24) are amended as follows.
(2) In regulation 2(1) (interpretation) after the definition of “appointed doctor” insert—
““appropriate authority” means—
in relation to a record which relates to employment wholly or mainly on—
a GB nuclear site (within the meaning given in section 68 of the Energy Act 2013);
an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998); or
a new nuclear build site (within the meaning given in regulation 2A of those Regulations),
the Office for Nuclear Regulation;
otherwise, the Executive.”.
(3) In regulation 9 (air monitoring) in paragraph (6)(b) for “Executive” substitute “appropriate authority” in each place it occurs.
(4) In regulation 10 (medical surveillance) in paragraph (6)(b) for “Executive” substitute “appropriate authority” in each place it occurs.
(5) In regulation 15 (revocation and savings)—
(a)in paragraph (2) for “Executive” substitute “relevant authority”;
(b)after paragraph (2) insert—
“(3) In this regulation “relevant authority” means—
(a)where it is the enforcing authority for the purposes of these Regulations, the Office for Nuclear Regulation;
(b)otherwise, the Executive.”.
107.—(1) The Control of Substances Hazardous to Health Regulations 2002(25) are amended as follows.
(2) In regulation 2(1) (interpretation) after the definition of “appointed doctor” insert—
““appropriate authority” means—
in relation to a record which relates to employment wholly or mainly on—
a GB nuclear site (within the meaning given in section 68 of the Energy Act 2013);
an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998); or
a new nuclear build site (within the meaning given in regulation 2A those Regulations),
the Office for Nuclear Regulation;
otherwise, the Executive;”.
(3) In regulation 10 (monitoring exposure at the workplace) in paragraph (7)(b) for “Executive” substitute “appropriate authority” in each place it occurs.
(4) In regulation 11 (health surveillance) in paragraph (4)(b) for “Executive” substitute “appropriate authority” in each place it occurs.
(5) In regulation 18 (revocation and savings)—
(a)in paragraph (2) for “Executive” substitute “relevant authority”;
(b)after paragraph (2) insert—
“(3) In this regulation “relevant authority” means—
(a)where it is the enforcing authority for the purposes of these Regulations, the Office for Nuclear Regulation;
(b)otherwise, the Executive.”.
108.—(1) Regulation 11 of the Ammonium Nitrate Materials (High Nitrate Content) Safety Regulations 2003(26) (enforcing authorities) is amended as follows.
(2) In paragraphs (1), (2) and (3) for “paragraph (4)” substitute “paragraph (4) or (5)”.
(3) At the start of paragraph (4) insert “Subject to paragraph (5),”.
(4) After paragraph (4) insert—
“(5) It shall be the duty of the Office for Nuclear Regulation to enforce these Regulations (including compliance by any person with any conditions imposed on that person by or under regulation 10(2)) as they apply on, or in relation to, any site, or any activities carried out on a site, which is—
(a)an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998); or
(b)a new nuclear build site (within the meaning given in regulation 2A of those Regulations).
(6) Nothing in this regulation affects the application of section 18(1A) of the Health and Safety at Work etc. Act 1974.”.
109.—(1) The Justification of Practices Involving Ionising Radiation Regulations 2004(27) are amended as follows.
(2) In regulation 18 (consultation) after paragraph (1)(a)(i) insert—
“(ia)the Office for Nuclear Regulation;”.
(3) In regulation 22 (contravention notices) after paragraph (3)(b) insert—
“(ba)the Office for Nuclear Regulation;”.
110. The Manufacture and Storage of Explosives Regulations 2005(28) are amended as follows.
111. In regulation 2 (interpretation)—
(a)in paragraph (1) after the definition of “non-sensitised” insert—
““the ONR” means the Office for Nuclear Regulation;
“ONR regulated site” has the meaning given in paragraph (1A);”;
(b)after paragraph (1) insert—
“(1A) A site is an ONR regulated site if it, or any part of it, is—
(a)a GB nuclear site (within the meaning given in section 68 of the Energy Act 2013),
(b)an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998, or
(c)a new nuclear build site (within the meaning given in regulation 2A of those Regulations).”.
112. After regulation 3(4)(a) (application) insert—
“(aa)the ONR;”.
113. In regulation 5(2)(b) (separation distances) after “Executive” insert “or the ONR”.
114.—(1) Regulation 11 (registration in relation to storage) is amended as follows.
(2) In paragraph (4A) for “or the Executive” substitute “, the Executive or the ONR”.
(3) In paragraph (9A) for “or the Executive” substitute “, the Executive or the ONR”.
115. After regulation 11 insert—
11A.—(1) Where this regulation applies a registration granted by, or treated as granted by, the ONR is to be treated on and after the relevant date as a registration granted by the relevant licensing authority.
(2) This regulation applies where—
(a)the site in respect of which the registration was granted ceases to be an ONR regulated site; and
(b)the registration mentioned in sub-paragraph (a) remained in force immediately before the date on which the site ceased to be an ONR regulated site.
(3) In this regulation—
(a)“relevant date” means, in relation to a site, the date on which the site ceased to be an ONR regulated site;
(b)“relevant licensing authority” means the licensing authority for that site determined in accordance with Schedule 1.
11B.—(1) Where this regulation applies a registration granted by, or treated as granted by, a licensing authority (other than the ONR) is to be treated on and after the relevant date as a registration granted by the ONR.
(2) This regulation applies where—
(a)the site in respect of which the registration was granted becomes an ONR regulated site; and
(b)the registration mentioned in sub-paragraph (a) remained in force immediately before the date on which the site became an ONR regulated site.
(3) In this regulation “relevant date” means, in relation to a site, the date on which the site became an ONR regulated site.”.
116.—(1) Regulation 13 (grant of licences) is amended as follows.
(2) In paragraph (1)(b) for “or the Executive” substitute “, the Executive or the ONR”.
(3) In paragraph (3)—
(a)in the opening words after “Executive” insert “or the ONR”;
(b)after “and the Executive” insert “or, as the case may be, the ONR”.
(4) In paragraph (4)(a) after “Executive” insert “or the ONR”.
(5) After paragraph (4) insert—
“(4A) In paragraph (4)(d)(ii) the reference to the Executive is to be read, in relation to an application relating to manufacture or storage of explosives on, or within any part of, a site which is an ONR regulated site, as a reference to the ONR.”.
(6) In paragraph (6)—
(a)in the opening words after “Executive” insert “or the ONR”;
(b)in each of sub-paragraphs (a) and (b) after “Executive” insert “or, as the case may be, the ONR”.
(7) In paragraph (9)(b) for “or the Executive” substitute “, the Executive or the ONR”.
117. After regulation 13 insert—
13A.—(1) Where this regulation applies a licence granted by, or treated as granted by, the ONR is to be treated on and after the relevant date as a licence granted by the relevant licensing authority.
(2) This regulation applies where—
(a)the site in respect of which the licence was granted ceases to be an ONR regulated site; and
(b)the licence mentioned in sub-paragraph (a) remained in force immediately before the date on which the site ceased to be an ONR regulated site.
(3) In this regulation—
(a)“relevant date” means, in relation to a site, the date on which the site ceased to be an ONR regulated site;
(b)“relevant licensing authority” means the licensing authority for the site determined in accordance with Schedule 1.
13B.—(1) Where this regulation applies a licence granted by, or treated as granted by, a licensing authority (other than the ONR) is to be treated on and after the relevant date as a licence granted by the ONR.
(2) This regulation applies where—
(a)the site in respect of which the licence was granted becomes an ONR regulated site; and
(b)the licence mentioned in sub-paragraph (a) remained in force immediately before the date on which the site became an ONR regulated site.
(3) In this regulation “relevant date” means, in relation to a site, the date on which the site became an ONR regulated site.”.
118.—(1) Regulation 14 (local authority assent) is amended as follows.
(2) In paragraph (1) for “Executive”, in both places it appears, substitute “appropriate authority”.
(3) In paragraph (8)(c) for “Executive” substitute “appropriate authority”.
(4) In paragraph (9) for “Executive” substitute “appropriate authority”.
(5) In paragraph (10)—
(a)in each of sub-paragraphs (a) and (b) for “Executive” substitute “appropriate authority”;
(b)in the full-out words for “Executive” substitute “appropriate authority”.
(6) After paragraph (13) insert—
“(14) In this regulation “appropriate authority” means—
(a)where the application is made to the Executive, the Executive;
(b)where the application is made to the ONR, the ONR.”.
119.—(1) Regulation 16 (variation of licences) is amended as follows.
(2) In paragraph (1)(b) after “Executive” insert “or the ONR”.
(3) In paragraph (3) after “Executive” insert “or the ONR”.
(4) In paragraph (4) after “Executive” insert “or (as the case may be) the ONR”.
120.—(1) Regulation 23 (defences) is amended as follows.
(2) In paragraph (1)(d) for “Executive” substitute “appropriate authority”.
(3) After paragraph (1) insert—
“(1A) In paragraph (1) “appropriate authority” means—
(a)in the case of a licence granted by the ONR, the ONR;
(b)otherwise, the Executive.”.
121. In Schedule 1 (licensing authority)—
(a)in paragraph 1 for “paragraphs 2 and 3” substitute “paragraphs 2 to 4”.
(b)after paragraph 3 insert—
“4. The ONR shall be the licensing authority in relation to any application for registration in relation to storage, or for a licence for the manufacture or storage of, explosives on an ONR regulated site.”.
122. In Schedule 4 (registers) in paragraph 8 after “local authority” insert “or the ONR”.
123. In regulation 2(1) of the Control of Vibration at Work Regulations 2005(29) for the definition of “enforcing authority” substitute—
““enforcing authority” means the Executive, the Office for Nuclear Regulation, local authority or Office of Rail Regulation determined in accordance with—
section 18(1A) of the Health and Safety at Work etc. Act 1974;
the provisions of the Health and Safety (Enforcing Authority) Regulations 1998; and
the provisions of the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006.”.
124. For article 4(2)(b) of the Regulatory Reform (Fire Safety) Order 2005(30) substitute—
“(b)are required to be taken or observed to ensure any compliance with any requirement of—
(i)the relevant statutory provisions within the meaning given in Part 1 of the Health and Safety at Work etc. Act 1974;
(ii)sections 1, 3 to 6, 22 and 24A of the Nuclear Installations Act 1965;
(iii)the provisions of Part 3 of the Energy Act 2013;
(iv)the provisions of nuclear regulations other than any provisions of such regulations identified in accordance with section 74(9) of the Energy Act 2013 as made for the nuclear safeguards purposes;”.
125. In regulation 2(1) of the Control of Noise at Work Regulations 2005(31) for the definition of “enforcing authority” substitute—
““enforcing authority” means the Executive, the Office for Nuclear Regulation, local authority or Office of Rail Regulation determined in accordance with—
section 18(1A) of the Health and Safety at Work etc. Act 1974;
the provisions of the Health and Safety (Enforcing Authority) Regulations 1998; and
the provisions of the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006.”.
126.—(1) The Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006(32) are amended as follows.
(2) In regulation 2 (interpretation)—
(a)after the definition of “miniature railway” insert—
““the ONR” means the Office for Nuclear Regulation;”;
(b)omit the definition of “nuclear licensed site”.
(3) In regulation 3(6) (enforcing authority) after “regulations 5” insert “, 5A”.
(4) For sub-paragraph (f) of regulation 4(3)(exceptions) substitute—
“(f)a GB nuclear site (within the meaning given in section 68 of the Energy Act 2013);”.
(5) After regulation 5 insert—
5A.—(1) This regulation applies where there is uncertainty as to what are the respective responsibilities of the Office of Rail Regulation and the ONR by virtue of regulations made under sections 15 or 18(2) of the 1974 Act for the enforcement of—
(a)section 6 of the 1974 Act in respect of any particular article for use at work or substance; or
(b)any other relevant statutory provision in respect of any particular site or any activity carried on there.
(2) The responsibility for enforcing the relevant statutory provision in question in the respect in question may be assigned by the Office of Rail Regulation and the ONR (acting jointly) to the Office of Rail Regulation or the ONR.
(3) An assignment under paragraph (2) may be made only where the Office of Rail Regulation and the ONR agree—
(a)that there is uncertainty in the particular case as to what are their respective responsibilities by virtue of regulations made under section 15 or 18(2) of the 1974 Act; and
(b)which authority is more appropriate to be responsible for enforcement in that case.
(4) Where an assignment is made under paragraph (2), the authority to which responsibility is assigned must give notice of the assignment to any person affected by it.”.
127.—(1) The Construction (Design and Management) Regulations 2007(33) are amended as follows.
(2) In regulation 19(1)(c) (additional duties of contractors) after “the Office of Rail Regulation” insert “or the Office for Nuclear Regulation”.
(3) In regulation 21 (notification of project by CDM co-ordinator) after paragraph (4) insert—
“(5) Insofar as the project includes construction work on premises which are or are on—
(a)a GB nuclear site (within the meaning given in section 68 of the Energy Act 2013);
(b)an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998); or
(c)a new nuclear build site (within the meaning given in regulation 2A of those Regulations),
paragraphs (1) and (2) shall have effect as if any reference to the Executive were a reference to the Office for Nuclear Regulation.”.
(4) In the heading to Schedule 1, after “REGULATION” insert “OR OFFICE FOR NUCLEAR REGULATION”.
128. The Supply of Machinery (Safety) Regulations 2008(34) are amended as follows.
129.—(1) Regulation 2(2) (interpretation) is amended as follows.
(2) In the definition of “enforcement authority”—
(a)in sub-paragraph (a) after “(b)” insert “and (ba)”.
(b)after sub-paragraph (b) insert—
“(ba)the Office for Nuclear Regulation in relation to—
(i)machinery and partly completed machinery which is intended exclusively or primarily for use on a relevant nuclear site; or
(ii)putting machinery into service on such a site.”.
(3) After the definition of “put into service” insert—
““relevant nuclear site” means a site which is—
a GB nuclear site (within the meaning given in section 68 of the Energy Act 2013);
an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998); or
a new nuclear build site (within the meaning given in regulation 2A of those Regulations);”.
(4) In regulation 21(2)(a) (non-compliance with CE marking) after “Executive” insert “, the Office for Nuclear Regulation”.
130.—(1) Schedule 5 (enforcement) is amended as follows.
(2) In paragraphs 1 and 2 for “paragraph 3” substitute “paragraphs 3 and 3A”.
(3) After paragraph 3 insert—
“3A. It shall be the duty of the Office for Nuclear Regulation to make adequate arrangements for the enforcement of these Regulations in relation to—
(a)machinery, or partly completed machinery, which is intended exclusively or primarily for use on a relevant nuclear site; or
(b)putting machinery into service on such a site.”.
(4) In the heading before paragraph 7 after “Executive” insert “, the Office for Nuclear Regulation”.
(5) In paragraph 7 after “Executive” insert “, the Office for Nuclear Regulation”.
(6) In paragraph 8—
(a)in the opening words; and
(b)sub-paragraph (c),
after “Executive” insert “, the Office for Nuclear Regulation”.
131. The REACH Enforcement Regulations 2008(35) are amended as follows.
132. Regulation 2(2) (interpretation) is amended as follows—
(a)in the definition of “enforcing authority” after paragraph (fa) insert—
“(fb)the Office for Nuclear Regulation;”;
(b)after the definition of “offshore installation” insert—
““relevant nuclear site” means a site which is—
a GB nuclear site (within the meaning given in section 68 of the Energy Act 2013);
an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998); or
a new nuclear build site (within the meaning given in regulation 2A of those Regulations).”.
133. In regulation 3(2) (enforcement) for “regulation 6” substitute “regulations 3A and 6”.
134. After regulation 3 insert—
3A.—(1) This regulation applies where the Office for Nuclear Regulation is named in any column of the REACH table against any listed REACH provision.
(2) The enforcement duty, so far as it relates to that provision of REACH, in relation to anything done or omitted to be done, on a relevant nuclear site—
(a)applies to the Office for Nuclear Regulation;
(b)does not apply to any other enforcing authority.
(3) No enforcement duty applies to the Office for Nuclear Regulation except as provided by this regulation.
(4) Paragraph (5) applies where there is uncertainty as to what are the respective responsibilities of the Office for Nuclear Regulation and any other enforcing authority or enforcing authorities for the enforcement of any listed REACH provision in respect of any particular circumstances.
(5) The responsibility for enforcing the relevant listed REACH provision in that respect may be assigned by the Office for Nuclear Regulation and the other enforcing authority or enforcing authorities to—
(a)the Office for Nuclear Regulation; or
(b)any other enforcing authority or enforcing authorities.
(6) An assignment may only be made under paragraph (5)—
(a)by the Office for Nuclear Regulation and the other enforcing authority or all the other enforcing authorities acting jointly;
(b)where the Office for Nuclear Regulation and the other enforcing authority or all the other enforcing authorities agree—
(i)that there is uncertainty in the particular circumstances as to what are their respective responsibilities in relation to enforcement of the listed REACH provision in question; and
(ii)which authority is, or authorities are (as the case may be), more appropriate to be responsible for the enforcement in those circumstances.
(7) Where such an assignment is made, the authority or authorities to which responsibility is assigned must give notice of the assignment to persons affected by it.
(8) Nothing in this regulation affects the power of the Office for Nuclear Regulation and any other enforcing authority to agree arrangements under regulation 5(2).”.
135. In regulation 6(4) (health and safety enforcement) after “varied by” insert “an assignment made in accordance with regulation 3A or”.
136. In regulation 17(1) (appearance of authorised persons before a court of summary jurisdiction)—
(a)omit “or” at the end of sub-paragraph (a);
(b)after sub-paragraph (b) insert—
“or
(c)the Office for Nuclear Regulation.”.
137. In regulation 21(2)(b) (appeals against notices) after “Northern Ireland” insert “, Office for Nuclear Regulation.”
138. In the table in Schedule 1 (table of REACH provisions) in the entries relating to each of the following REACH provisions, in the third and fourth columns (enforcing authorities for England and Wales and Scotland), after “The Health and Safety Executive” insert “The Office for Nuclear Regulation”—
(a)Article 9(6);
(b)Article 14(6);
(c)Article 33(1);
(d)Article 33(2);
(e)Article 35;
(f)the first entry relating to Article 36(1);
(g)Article 37(4);
(h)both entries relating to Article 37(5);
(i)Article 37(6);
(j)Article 38(1);
(k)Article 38(3);
(l)Article 56(1);
(m)Article 56(2);
(n)Article 60(10);
(o)Article 67(1).
139. In Schedule 2 (functions of enforcing authorities) in paragraph 2 after “Northern Ireland” insert “, the Office for Nuclear Regulation”.
140.—(1) Part 2 of Schedule 6 (powers of enforcement) is amended as follows.
(2) In the heading after “the Office of Rail Regulation” insert “, the Office for Nuclear Regulation”.
(3) In paragraph 9 for “Executive”, in each place in which it occurs, substitute “appropriate authority”.
(4) After paragraph 9A insert—
“9B. For the purposes of this section of this Schedule “the appropriate authority” means—
(a)in Great Britain—
(i)in relation to a relevant nuclear site, the Office for Nuclear Regulation;
(ii)otherwise, the Health and Safety Executive;
(b)in Northern Ireland, the Health and Safety Executive for Northern Ireland.”.
141.—(1) Section 3 of Schedule 7 (authorisations) is amended as follows.
(2) In the heading after “Office of Rail Regulation” insert “, the Office for Nuclear Regulation”.
(3) In paragraph 3—
(a)omit “or” after sub-paragraph (b);
(b)after sub-paragraph (c) insert—
“; or
(c)the Office for Nuclear Regulation.”.
142.—(1) Part 2 of Schedule 8 (appeals) is amended as follows.
(2) In the heading after “Northern Ireland” insert “, the Office for Nuclear Regulation”.
(3) After paragraph 2(a) insert—
“(aa)the Office for Nuclear Regulation;”.
143.—(1) Schedule 1 to the Transfrontier Shipment of Radioactive Waste and Spent Fuel Regulations 2008(36) is amended as follows.
(2) In paragraph 2(4) (authorisations granted by a competent authority in the United Kingdom) for “Health and Safety Executive” substitute “Office for Nuclear Regulation”.
(3) In paragraph 6(4) (authorisations) for “Health and Safety Executive” substitute “Office for Nuclear Regulation”.
144. In regulation 1 of the Control of Artificial Optical Radiation at Work Regulations 2010(37) (citation, commencement and interpretation) for the definition of “enforcing authority” substitute—
““enforcing authority” means the Health and Safety Executive, the Office for Nuclear Regulation, local authority or Office of Rail Regulation determined in accordance with—
section 18(1A) of the Health and Safety at Work etc. Act 1974;
the provisions of the Health and Safety (Enforcing Authority) Regulations 1998; and
the provisions of the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006.”.
145.—(1) The Control of Asbestos Regulations 2012(38) are amended as follows.
(2) In Regulation 2 (interpretation)—
(a)for the definition of “enforcing authority” substitute—
““enforcing authority” means the Executive, the Office for Nuclear Regulation, local authority or Office of Rail Regulation determined in accordance with—
section 18(1A) of the Health and Safety at Work etc. Act 1974;
the provisions of the Health and Safety (Enforcing Authority) Regulations 1998; and
the provisions of the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006;”;
(b)after the definition of “relevant doctor” insert—
““relevant nuclear premises” means premises which are, or are on—
a GB nuclear site (within the meaning given in section 68 of the Energy Act 2013),
authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998),
a nuclear new build site (within the meaning given in regulation 2A of those Regulations);”.
(3) In regulation 19 (air monitoring)—
(a)in paragraph (5)(b) for “Executive”, in both places in which it occurs, substitute “appropriate authority”,
(b)after paragraph (5) insert—
“(6) In this regulation “the appropriate authority” means—
(a)in relation to any record which relates to employment wholly or mainly on relevant nuclear premises, the Office for Nuclear Regulation,
(b)otherwise, the Executive.”.
(4) In regulation 22 (health records and medical surveillance)—
(a)in paragraph (8)(b) for “Executive”, in both places in which it occurs, substitute “appropriate authority”;
(b)after paragraph (8) insert—
“(8A) In paragraph (8) “the appropriate authority” has the same meaning as in regulation 19.”.
(5) In regulation 33 (revocation and savings)—
(a)in paragraph (3) for “Executive” substitute “appropriate authority”,
(b)after paragraph (3) insert—
“(4) In this regulation “the appropriate authority” means—
(a)in any case in which it is the enforcing authority for these Regulations, the Office for Nuclear Regulations;
(b)otherwise, the Executive.”.
146.—(1) Regulation 8 of the Identification and Traceability of Explosives Regulations 2013(39) is amended as follows.
(2) After paragraph (2) insert—
“(2A) Despite paragraphs (1) and (2), the Office for Nuclear Regulation is the enforcing authority for—
(a)regulation 5 to the extent that it imposes requirements on manufacturers who—
(i)are established in Great Britain; and
(ii)manufacture explosives on an ONR regulated site;
(b)the remainder of these Regulations as they apply on, or in relation to, a site which is an ONR regulated site.”.
(3) In paragraph (3), after the definition of “chief officer of police” insert—
““ONR regulated site” means a site in Great Britain which is or forms part of—
an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998); or
a nuclear new build site (within the meaning given in regulation 2A of those Regulations).”.
(4) After paragraph (3) insert—
“(4) This regulation is subject to section 18(1A) of the Health and Safety at Work etc. Act 1974.”.
147.—(1) Regulation 9 of the Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013(40) (allocation of enforcement responsibility) is amended as follows.
(2) In paragraph (1) for “paragraphs (2) to (6)” substitute “section 18(1A) of the 1974 Act and to paragraphs (2) to (7)”.
(3) In paragraph (5) before “paragraph (6)” insert “section 18(1A) of the 1974 Act and”.
(4) After paragraph (6) insert—
“(7) Paragraph (6) does not apply in relation to any use which occurs on premises which are or are on—
(a)an authorised defence site (within the meaning given in regulation 2(1) of the 1998 Regulations);
(b)a new nuclear build site (within the meaning given in regulation 2A of those Regulations).”.
148. The Nuclear Industries Security (Fees) Regulations 2005(41) are amended as follows.
149. In regulation 2 (interpretation)—
(a)in paragraph (1)—
(i)omit the definitions of “the 1974 Act” and “the 1978 Order”;
(ii)before the definition of “the principal Regulations” insert—
““the 2013 Act” means the Energy Act 2013;”;
(b)in paragraph (2) after “carrier” insert “ONR;”.
150. In regulation 3 (fees payable for regulation of nuclear industries security)—
(a)subject to paragraph (b), for “Secretary of State” substitute “ONR” in each place occurring;
(b)in paragraph (2) for the opening words substitute—
“Where an inspector performs functions in exercise of their powers under Schedule 8 to the 2013 Act for the purpose of carrying into effect the principal Regulations, a fee is payable to the ONR—”.
151. In regulation 4 (supplementary provisions) for “Secretary of State” substitute “ONR” in each place occurring.
152. In the Table in the Schedule—
(a)in the header of column 2 for “Secretary of State” substitute “ONR”;
(b)in the entry in column 2 corresponding to the entry in column 1 relating to regulation 13, 14(1) of the principal Regulations, for “he” substitute “it”.
153. The Health and Safety (Fees) Regulations 2012(42) are amended as follows.
154. In regulation 1(3) (interpretation)—
(a)before the definition of “approval” insert—
““the 2013 Act” means the Energy Act 2013;”;
(b)after the definition of “mines and quarries provisions” insert—
““the ONR” means the Office for Nuclear Regulation;”.
155. For regulation 8(6) (fees payable in connection with the Ionising Radiations Regulations 1999 and the Radiation (Emergency Preparedness and Public Information) Regulations 2001) substitute—
“(6) A fee is payable by the applicant to the Executive where the Executive requires any work to be carried out by—
(a)its inspectors, or
(b)a person appointed to advise the Executive,
in connection with any application in respect of which a fee is payable by virtue of paragraph (1), (2) or (4), and the fee for such work in connection with each matter described in column 1 of Tables 1 and 2 in Schedule 7 is that specified in the corresponding entry in column 3 of those Tables for each hour worked adjusted pro rata for a period worked of less than an hour.”.
156. Regulation 9(1) (fees payable under the Manufacture and Storage of Explosives Regulations 2005 etc.) is amended as follows—
(a)after “the 2005 Regulations,” insert “or the ONR, where it is the licensing authority by virtue of paragraph 4 of that Schedule”;
(b)after “Executive”, in the second place in which it occurs, insert “or the ONR (as the case may be)”.
157. In regulation 11 (fees for application for or changes to an explosives licence under Part 9 of the Dangerous Substances in Harbour Areas Regulations 1987)—
(a)in paragraph (1) for “Executive” substitute “appropriate authority”;
(b)after paragraph (2) insert—
“(3) For the purposes of this regulation “appropriate authority”—
(a)where the application is required to be made to the ONR under the 1987 Regulations, means the ONR;
(b)otherwise, means the Executive.”.
158. For regulation 12 (estimate of cost of work) substitute—
“12.—(1) Where any fee is to be assessed on the reasonable cost to the Executive, the ONR or the licensing authority of carrying out relevant work, the Executive, the ONR or the licensing authority (as the case may be) must—
(a)on receipt of the application or request, as the case may be, prepare and send to the person making that application or request an estimate of the cost of carrying out the relevant work; and
(b)before carrying out the relevant work, obtain confirmation from the person making the application or request that the person wishes the work to be carried out on the basis of that estimate of cost.
(2) In this regulation “relevant work” means—
(a)in relation to the Executive, any work or testing under regulation 2(3)(b) or 9(9);
(b)in relation to the ONR, any work under regulation 16(1) or (2);
(c)in relation to the licensing authority, any work pursuant to regulation 9(3).”.
159.—(1) Regulation 16 (fees payable in relation to nuclear installations) is amended as follows.
(2) For “Executive” substitute “ONR” in each place occurring;
(3) In paragraph (3) after “relevant statutory provisions” insert “or by the 2013 Act which relates to the enforcement of any of the nuclear provisions”.
(4) In paragraph (4) after the definition of “nuclear installation” insert—
““nuclear provisions” means the relevant statutory provisions (within the meaning given in section 82 of the 2013 Act) other than—
a provision of the Nuclear Safeguards Act 2000; or
any provision of nuclear regulations identified in accordance with section 74(9) of the 2013 Act as made for the nuclear safeguards purposes.”.
160.—(1) Regulation 17 (provisions supplementary to regulations 14 to 16) is amended as follows.
(2) In paragraph (1)—
(a)for sub-paragraph (a) substitute—
“(a)is not to exceed the sum of the costs reasonably incurred—
(i)in the case of regulation 16(1) or (2), by the ONR in carrying out the work referred to in the respective paragraph;
(ii)in any other case, by the Executive or the ONR (as the case may be) in performing the function referred to in the respective regulation.”;
(b)in sub-paragraph (b) after “Executive” insert “or the ONR”.
(3) After paragraph (7) insert—
“(8) Any reference in regulation 16 to a function conferred on an inspector by the 2013 Act which relates to enforcement against a person of any of the nuclear provisions includes a reference to any function conferred on an inspector by that Act which is exercised for the purpose of carrying into effect those provisions in relation to that person.
(9) In this regulation “nuclear provisions” has the meaning given in regulation 16.”.
161. In regulation 24(9) (provisions supplementary to regulation 23)—
(a)in sub-paragraph (a) omit “or”;
(b)omit sub-paragraph (b).
162. In Schedule 7 (Fees payable in connection with the Ionising Radiation Regulations 1999 and the Radiation (Emergency Preparedness and Public Information) Regulations 2001)—
(a)in the heading for Column 3 of Table 1 for “Nuclear or other Specialist Inspector” substitute “Specialist Inspector or person appointed to advise the Executive”;
(b)in the heading for Column 3 of Table 2 omit “Nuclear or other Specialist Inspector” substitute “Specialist Inspector or person appointed to advise the Executive”.
163. In Schedule 13 (Fees payable in relation to nuclear assessments, design proposals and potential nuclear site applications under section 1(1) of the 1965 Act)—
(a)in column 1 of Table 1 for “section 11(1) of the 1974 Act”, in both places in which it occurs, substitute “section 78 of the 2013 Act”,
(b)in column 1 of Table 2 for “section 11(1) of the 1974 Act”, in both places in which it occurs, substitute “section 78 of the 2013 Act”.
164. The Health and Safety Inquiries (Procedure) Regulations 1975(43) are amended as follows.
165. In regulation 2(1) (interpretation)—
(a)after the definition of “the 1974 Act” insert—
““the 2013 Act” means the Energy Act 2013;”;
(b)omit the definition of “appointed person”;
(c)after the definition of “inquiry” insert—
““the ONR” means the Office for Nuclear Regulation;
“ONR inquiry” has the meaning given in section 85 of the Energy Act 2013;
“relevant appointed person” means—
in relation to an ONR inquiry, a person appointed by the ONR to hold such an inquiry;
in relation to a safety inquiry, a person appointed by the Executive to hold such an inquiry;
“relevant authority” means—
in relation to an ONR inquiry, the ONR;
in relation to a safety inquiry, the Executive;
“safety inquiry” means an inquiry under section 14(2A) of the 1974 Act;”.
166. In regulation 3(1) (application of Regulations) after “the 1974 Act” insert “(referred to in these Regulations as “safety inquiries”) and ONR inquiries”.
167. In regulation 4 (notification of inquiry) for “Executive” substitute “relevant authority”, in each place occurring.
168. In regulation 5 (appearances at inquiry)—
(a)in the heading for “inquiry” substitute “a safety inquiry”;
(b)for “inquiry”, in each place it occurs, substitute “safety inquiry”;
(c)in paragraph (2) for “appointed person” substitute “relevant appointed person”.
169. After regulation 5 insert—
5A.—(1) The persons entitled to appear at the ONR inquiry shall be—
(a)the ONR;
(b)where the ONR inquiry relates to any matter arising in Scotland, the Procurator Fiscal;
(c)any employers’ association or trade union representing respectively employers or employees who are concerned;
(d)any person who was injured or suffered damage as a result of the accident, occurrence, situation, or other matter the subject of the ONR inquiry or that person’s personal representatives;
(e)the owner or occupier of any premises in which there occurred or arose the accident, occurrence, situation or other matter the subject of the ONR inquiry;
(f)any person carrying on activities giving rise to the accident, occurrence, situation or other matter the subject of the ONR inquiry.
(2) Any other person may appear at the ONR inquiry at the discretion of the relevant appointed person.”.
170. In regulation 6(1) (representation) after “so appointed” insert “and in the case of the ONR by an officer of the ONR so appointed”.
171.—(1) Regulation 7 (power to require attendance of witnesses and production of documents) is amended as follows.
(2) In paragraph (1) before “appointed person” insert “relevant”.
(3) For paragraph (3) substitute—
“(3) A notice containing a requirement under paragraph (1) shall contain a reference—
(a)where the notice requires attendance at an ONR inquiry, to the fact that under regulation 13 of these Regulations a person who contravenes such a requirement is liable on summary conviction to a fine;
(b)where the notice requires attendance at a safety inquiry, to the fact that under section 33(2) of the 1974 Act a person who contravenes such a requirement is liable on summary conviction to a fine not exceeding level 5 on the standard scale.”.
(4) After paragraph (3) insert—
“(3A) Paragraph (3B) makes transitional modifications to paragraph (3) as it applies to England and Wales.
(3B) In relation to a notice served on any person before the commencement of section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (removal of limit on certain fines on conviction by magistrates’ court), the reference in paragraph (3)(a) to a fine is to be read as a reference to a fine not exceeding level 5 on the standard scale.”.
172. In regulation 8 (procedure at inquiry) for “appointed person”, in each place in which it appears, substitute “relevant appointed person”.
173. In regulation 9 (site inspections) for “appointed person” substitute “relevant appointed person”.
174.—(1) Regulation 10 (procedure after inquiry)(44) is amended as follows.
(2) In paragraph (1)—
(a)for “appointed person” substitute “relevant appointed person”;
(b)for “Executive” substitute “relevant authority”.
(3) In paragraph (2)—
(a)for “Except where the said report” substitute “Except where a report made following a safety inquiry”;
(b)for “the report” substitute “that report”.
175. For regulation 11 (notices) substitute—
“11.—(1) This regulation applies to the service of notices required or authorised to be served or given by these Regulations.
(2) Where such a notice is required or authorised to be served or given in connection with an ONR inquiry, the provisions of sections 109 (notices etc.) and 110 (electronic delivery of notices etc.) of the 2013 Act apply to that notice as they apply to a notice required or authorised to be given by Part 3 of the 2013 Act.
(3) Where such a notice is required or authorised to be served or given in connection with a safety inquiry, the provisions of section 46 of the 1974 Act apply to that notice as they apply to notices required or authorised to be served or given by the 1974 Act.”.
176. After regulation 11 insert—
12.—(1) It is an offence for any person to—
(a)contravene any requirement imposed by or under these Regulations as they apply to an ONR inquiry; or
(b)intentionally obstruct any person in the exercise of their powers under section 85 of the 2013 Act.
(2) A person who commits an offence under this regulation is liable on summary conviction—
(a)in England and Wales, to a fine;
(b)in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale.
(3) Paragraph (4) makes transitional modifications to paragraph (2) as it applies to England and Wales.
(4) In relation to an offence committed before the commencement of section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2013 (removal of limit on certain fines on conviction by magistrates’ court) the reference to a fine in paragraph (2)(a) is to be read as a reference to a fine not exceeding level 5 on the standard scale.”.
177. In Schedule 2 to the Electricity (Non-Fossil Fuel Sources) (England and Wales) Order 1990(45) (conditions precedent)—
(a)in paragraph (6)(i) for “Nuclear Installations Inspectorate” substitute “Office for Nuclear Regulation”;
(b)in the note to the Schedule omit the words from “; and” to the end.
178.—(1) Regulation 4 of the Environmental Protection (Applications, Appeals and Registers) Regulations 1991(46) (consultation) is amended as follows.
(2) In paragraph (1)—
(a)for sub-paragraph (a) substitute—
“(a)the Health and Safety Executive, in all cases except—
(i)where the prescribed process is to be carried on on a nuclear site, or
(ii)in the case of a prescribed process designated for local control, where the enforcing authority has, within the period specified in paragraph (2) below, notified the Health and Safety Executive that the application has been made or, as the case may be, that notification has been given pursuant to section 10(5) of the 1990 Act;”
(b)after sub-paragraph (a) insert—
“(aa)the Office for Nuclear Regulation in any case where the prescribed process is to be carried on on a nuclear site except, in the case of a prescribed process designated for local control, where the enforcing authority has, within the period specified in paragraph (2) below, notified the Office for Nuclear Regulation that the application has been made or, as the case may be, that notification has been given pursuant to section 10(5) of the 1990 Act;”.
(3) After paragraph (2) insert—
“(2A) In this regulation “nuclear site” has the meaning given in section 112(1) of the Energy Act 2013.”.
179. The Planning (Hazardous Substances) Regulations 1992(47) are amended as follows.
180. In regulation 10(1) (consultation before the grant of hazardous substances consent) after sub-paragraph (a) insert—
“(aa)where the land to which the application relates is, or is on, a nuclear site (within the meaning in section 112(1) of the Energy Act 2013), the Office for Nuclear Regulation;”.
181. In regulation 11(5) (determination of applications for hazardous substances consent) after sub-paragraph (a) insert—
“(aa)where the land to which the decision relates is, or is on, a nuclear site (within the meaning given in section 112(1) of the Energy Act 2013), the Office for Nuclear Regulation;”.
182.—(1) Schedule 1 (Hazardous Substances and Controlled Quantities) is amended as follows.
(2) In the entry number 54 in Column 1 of Part A as it applies in relation to England—
(a)for “Health and Safety Executive (HSE)” substitute “Health and Safety Executive or the Office for Nuclear Regulation”;
(b)for “HSE is” substitute “either of them is”;
(c)for “1(c)” substitute “1(c) or 4”.
(3) In the entry number 54 in Column 1 of Part A as it applies in relation to Wales—
(a)for “Health and Safety Executive (HSE)” substitute “Health and Safety Executive or the Office for Nuclear Regulation”;
(b)for “HSE is” substitute “either of them is”;
(c)for “1(c)” substitute “1(c) or 4”.
(4) In entry number 4 and entry number 5 in Column 1 of Part B as it applies in relation to England—
(a)after “Executive” insert “or the Office for Nuclear Regulation”;
(b)for “HSE is” substitute “either of them is”;
(c)for “1(c)” substitute “1(c) or 4”.
(5) In entry number 4 and entry number 5 in Column 1 of Part B as it applies in relation to Wales—
(a)after “Executive” insert “or the Office for Nuclear Regulation”;
(b)for “HSE is” substitute “either of them is”;
(c)for “1(c)” substitute “1(c) or 4”.
183. The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993(48) are amended as follows.
184. After regulation 11(1)(a) (consultation before the grant of hazardous substances consent) insert—
“(aa)where the land to which the application relates is or is on a nuclear site (within the meaning given in section 112(1) of the Energy Act 2013), the Office for Nuclear Regulation;”.
185. After regulation 12(4)(a) (determination of applications for hazardous substances consent) insert—
“(aa)where the land to which the decision relates is or is on a nuclear site (within the meaning given in section 112(1) of the Energy Act 2013), the Office for Nuclear Regulation;”.
186.—(1) Schedule 1 (hazardous substances and controlled quantities) is amended as follows.
(2) In the entry number 54 in Column 1 of Part A—
(a)for “Health and Safety Executive (HSE)” substitute “Health and Safety Executive or the Office for Nuclear Regulation”;
(b)for “HSE is” substitute “either of them is”;
(c)for “1(c)” substitute “1(c) or 4”.
(3) In entry number 4 and entry number 5 in Column 1 of Part B—
(a)after “Executive” insert “or the Office for Nuclear Regulation”;
(b)for “HSE is” substitute “either of them is”;
(c)for “1(c)” substitute “1(c) or 4”.
187. Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995(49) is amended as follows.
188. In paragraph O of Part 3 (changes of use), as it applies in relation to England, for the definition of “safety hazard area” substitute—
““safety hazard area” means an area notified to the local planning authority—
by the Health and Safety Executive for the purposes of paragraph (e) of the Table in Schedule 5 to the 2010 Order (or any previous powers to the like effect); or
by the Office for Nuclear Regulation for the purposes of paragraph (ea) of that Table.”.
189. In paragraph E of Part 4 (temporary buildings and use), as it applies in relation to England, for the definition of “safety hazard area” substitute—
““safety hazard area” means an area notified to the local planning authority—
by the Health and Safety Executive for the purposes of paragraph (e) of the Table in Schedule 5 to the 2010 Order (or any previous powers to the like effect); or
by the Office for Nuclear Regulation for the purposes of paragraph (ea) of that Table.”.
190.—(1) The Schedule to the Public Interest Disclosure (Prescribed Persons) Order 1999(50) is amended as follows.
(2) In the entry for the Health and Safety Executive, for the entry in the second column substitute—
“Matters which may affect the health and safety of any individual at work other than individuals at work wholly or mainly on premises which are, or are on—
(a)a GB nuclear site (within the meaning given in section 68 of the Energy Act 2013);
(b)an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998; or
(c)a new nuclear build site (within the meaning given in regulation 2A of those Regulations).
Matters which may affect the health and safety of any member of the public arising out of or in connection with the activities of persons at work other than persons at work on a GB nuclear site, an authorised defence site or new nuclear build site.”.
(3) After that entry insert—
| “Office for Nuclear Regulation | Matters which may affect the health and safety of any individual at work wholly or mainly on premises which are, or are on— (a) a GB nuclear site (within the meaning given in section 68 of the Energy Act 2013); (b) an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998; or (c) a new nuclear build site (within the meaning given in regulation 2A of those Regulations). Matters which may affect the health and safety of any member of the public, arising out of or in connection with the activities of persons at work on premises which are, or are on, such sites.”. |
191. In the Schedule to the Greater London Authority (Disqualification) Order 2000(51)—
(a)in Part 1 (bodies whose members are disqualified) after paragraph 7 insert—
“7A. The Office for Nuclear Regulation.”;
(b)in Part 2 (other disqualifying offices and appointments) after paragraph 20 insert—
“20A. Member of staff of the Office for Nuclear Regulation (within the meaning of Part 3 of the Energy Act 2013).”.
192. After regulation 54 of the Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005(52) insert—
54A.—(1) Paragraph 2 of Schedule 9 to the Energy Act 2013 (prohibition on disclosing protected information) does not apply to the disclosure of information by the Office for Nuclear Regulation to another responder if the disclosure is made—
(a)in connection with the performance by that other responder of a duty under—
(i)section 2 or 4;
(ii)a provision of these Regulations; or
(iii)a provision in regulations made by the Scottish Ministers under Part 1;
(b)in connection with another function of that responder which relates to emergencies; or
(c)in connection with a function of the Office for Nuclear Regulation which relates to emergencies.
(2) For the purposes of paragraph (1), it is immaterial whether the disclosure is made pursuant to a request made under regulation 47.
(3) In paragraph (1), the reference to the Office for Nuclear Regulation includes a reference to an officer of the Office.”.
193. In Schedule 5 to the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006(53) (those to be served a copy of the application and documents) in column (2) of entry number 21 for “and the Health and Safety Executive” substitute “, the Health and Safety Executive and, where the operation requiring hazardous substances consent is to take place on a nuclear site (within the meaning given in section 112(1) of the Energy Act 2013), the Office for Nuclear Regulation.”.
194.—(1) The Schedule to the Legislative and Regulatory Reform (Regulatory Functions) Order 2007(54) (regulatory functions to which sections 21 and 22 of the Legislative and Regulatory Reform Act 2006 apply) is amended as follows.
(2) In Part 1—
(a)in the entry for the Health and Safety Executive, omit the words from “other than” to the end;
(b)in the appropriate place insert—
“Office for Nuclear Regulation other than any regulatory function exercised under or by virtue of—
section 2 of or Schedule 1 to the Nuclear Installations Act 1965
The Import of Goods (Control) Order 1954
The Nuclear Industries Security Regulations 2003
Regulations 4 and 5 of the Uranium Enrichment Technology (Prohibition on Disclosure) Regulations 2004.”.
(3) In Part 2 omit the entry relating to the Radioactive Material (Road Transport) Act 1991.
195. In Schedule 1 to the Companies (Disclosure of Address) Regulations 2009(55) (specified public authorities) after “the Health and Safety Executive;” insert “the Office for Nuclear Regulation;”.
196. In Schedule 1 to the Overseas Companies Regulations 2009(56) at the end insert—
“the Office for Nuclear Regulation”.
197. In Schedule 1 to the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009(57) (persons who must be consulted or notified in certain circumstances) after the final entry in the Table insert—
| “The Office for Nuclear Regulation (“the ONR”) | All proposed applications likely to affect matters relevant to the ONR’s purposes within the meaning of Part 3 of the Energy Act 2013 (see section 67 of that Act). | All applications likely to affect matters relevant to the ONR’s purposes within the meaning of Part 3 of the Energy Act 2013 (see section 67 of that Act)”. |
198. In the Schedule to the Company, Limited Liability Partnership and Business Names (Public Authorities) Regulations 2009 (specified “public authorities” and list of other Government departments and other bodies whose views must be sought)(58)—
(a)in column 1 insert at the appropriate place “Office for Nuclear Regulation”;
(b)in column 2 insert at the appropriate place “Office for Nuclear Regulation”.
199. In the Table in the Schedule to the Infrastructure Planning (Interested Parties) Regulations 2010(59) (persons who are statutory parties for the purposes of section 102 of the Planning Act 2008) after the entry applicable to “The Health and Safety Executive” insert—
| “The Office for Nuclear Regulation | All proposed provisions likely to affect matters relevant to the ONR’s purposes within the meaning of Part 3 of the Energy Act 2013 (see section 67 of that Act).”. |
200. In the table in Schedule 2 to the Infrastructure Planning (Compulsory Acquisition) Regulations 2010(60) (persons to whom notice of proposed provision must be given) after the entry applicable to “The Health and Safety Executive” insert—
| “The Office for Nuclear Regulation | All proposed provisions likely to affect matters relevant to the ONR’s purposes within the meaning of Part 3 of the Energy Act 2013 (see section 67 of that Act).”. |
201.—(1) Schedule 5 to the Town and Country Planning (Development Management Procedure) (England) Order 2010(61) is amended as follows.
(2) In the Table—
(a)in paragraph (e) after “substances” insert “(otherwise than on a relevant nuclear site)”;
(b)after paragraph (e) insert—
| “(ea) | Development within an area which has been notified to the local planning authority by the Office for Nuclear Regulation for the purpose of this provision because of the presence within the vicinity of toxic, highly reactive, explosive or inflammable substances on a relevant nuclear site and which involves the provision of— (i) residential accommodation; (ii) more than 250 square metres of retail floor space; (iii) more than 500 square metres of office floor space; or (iv) more than 750 square metres of floor space to be used for an industrial process, or which is otherwise likely to result in a material increase in the number of persons working within or visiting the notified area. | The Office for Nuclear Regulation”. |
(3) In paragraph 1 (interpretation of the table)—
(a)in sub-paragraph (a) for “paragraph (e)(iv)” substitute “paragraphs (e)(iv) and (ea)(iv)”;
(b)after sub-paragraph (a) insert—
“(aa)in paragraphs (e) and (ea) “relevant nuclear site” means a site which is—
(i)a nuclear site (within the meaning given in section 112(1) of the Energy Act 2013);
(ii)an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998); or
(iii)a new nuclear build site (within the meaning given in regulation 2A those Regulations).”.
202.—(1) The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011(62) are amended as follows.
(2) In regulation 2(1) (interpretation) after the definition of “application for multi-stage consent” insert—
““the appropriate authority” means—
where it is required to be consulted under paragraph 3 or 4 of Schedule 5 to the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 in relation to the application for planning permission for the proposed development, the Health and Safety Executive;
where it is required to be consulted under paragraph 3A of Schedule 5 to those Regulations in relation to such an application, the Office for Nuclear Regulation;”.
(3) For regulation 14(3)(a)(iii) (scoping opinions of the planning authority) substitute—
“(iii)the appropriate authority; and”.
(4) For regulation 15(6)(a)(iii) (scoping directions of the Scottish Ministers) substitute—
“(iii)the appropriate authority; and”.
(5) In regulation 19(1)(d) (consultation where environmental statement received by planning authority) for the words from “Health and Safety Executive” to “proposed development” substitute “appropriate authority”.
203. In the Schedule to the Disclosure (Persons engaged in the Investigation and Reporting of Crime or Sudden Deaths) (Scotland) Regulations 2011(63) (prescribed persons for the purposes of the provision of information to the prosecutor and the code of practice) after the entry relating to the Office of Communications insert—
“The Office for Nuclear Regulation;”.
204. In Schedule 1 to the Equality Act 2010 (Specific Duties) Regulations 2011(64) (public authorities required to publish information) after the entry for the “Health and Safety Executive” insert—
“The Office for Nuclear Regulation”.
205.—(1) The Postal Services Act 2011 (Disclosure of Information) Order 2012(65) is amended as follows.
(2) In article 3, at the appropriate place, insert “the Office for Nuclear Regulation”.
(3) In article 4, at the appropriate place, insert “the Energy Act 2013”.
206.—(1) Part 2 of Schedule 4 to the Pollution Prevention and Control (Scotland) Regulations 2012(66) is amended as follows.
(2) For paragraph 13(d) substitute—
“(d)in the case of a permit for an installation on a site—
(i)in respect of which a nuclear site licence is required under section 1 of the Nuclear Installations Act 1965; or
(ii)which is a relevant nuclear site and in respect of which—
(aa)a major accident prevention policy document is required under regulation 5 of the Control of Major Accident Hazards Regulations 1999 (“the 1999 Regulations”); or
(bb)a safety report is required under regulation 7 of the 1999 Regulations,
the Office for Nuclear Regulation;
(da)in the case of a permit for an installation on a site in respect of which—
(i)a major accident prevention policy document is required under regulation 5 of the 1999 Regulations; or
(ii)a safety report is required under regulation 7 of the 1999 Regulations,
the Health and Safety Executive unless the application is required to be given to the Office for Nuclear Regulation under sub-paragraph (d).”.
(3) After paragraph 13 insert—
“13A. For the purposes of paragraph 13 a site is a relevant nuclear site if it is—
(a)an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998); or
(b)a new nuclear build site (within the meaning given in regulation 2A of those Regulations).”.
207.—(1) The English text of Schedule 4 to the Town and Country Planning (Development Management Procedure) (Wales) Order 2012(67) (consultations before the grant of permission) is amended as follows.
(2) In the Table—
(a)in paragraph (c) after “substances” insert “(otherwise than on a relevant nuclear site)”;
(b)after paragraph (c) insert—
| “(ca) | Development within an area which has been notified to the local planning authority by the Office for Nuclear Regulation for the purpose of this provision because of the presence within the vicinity of toxic, highly reactive, explosive or inflammable substances on a relevant nuclear site and which involves the provision of— (i) residential accommodation; (ii) more than 250 square metres of retail floor space; (iii) more than 500 square metres of office floor space; or (iv) more than 750 square metres of floor space to be used for an industrial process, or which is otherwise likely to result in a material increase in the number of persons working within or visiting the notified area. | The Office for Nuclear Regulation”. |
(3) In the interpretation provision following the Table—
(a)in sub-paragraph (a) for “paragraph (c)(iv)” substitute “paragraphs (c)(iv) and (ca)(iv)”;
(b)after sub-paragraph (a) insert—
“(aa)in paragraphs (c) and (ca) “relevant nuclear site” (“safle niwclear perthnasol”) means a site which is—
(i)a GB nuclear site (within the meaning given in section 68 of the Energy Act 2013);
(ii)an authorised defence site (within the meaning given by the Health and Safety (Enforcing Authority) Regulations 1998); or
(iii)a new nuclear build site (within the meaning given by those Regulations).”.
208.—(1) The Welsh text of Schedule 4 to the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 (ymgyngoriadau cyn rhoi caniatâd cynllunio) is amended as follows.
(2) In the Table—
(a)in paragraph (c) after “chyffiniau” insert “(ac eithrio ar safle niwclear perthnasol)”;
(b)after paragraph (c) insert—
| “(ca) | Datblygiad, o fewn ardal yr hysbyswyd yr awdurdod cynllunio lleol yn ei chylch gan y Swyddfa dros Reoli Niwclear at ddiben y ddarpariaeth hon, oherwydd presenoldeb sylweddau gwenwynig, tra adweithiol, ffrwydrol neu fflamadwy o fewn ei chyffiniau, ar safle niwclear perthnasol ac sy’n cynnwys darparu— (i) llety preswyl; (ii) mwy na 250 metr sgwâr o arwynebedd llawr manwerthu; (iii) mwy na 500 metr sgwâr o arwynebedd llawr swyddfa; neu (iv) mwy na 750 metr sgwâr o arwynebedd llawr i’w ddefnyddio ar gyfer proses ddiwydiannol, neu sydd, rywfodd arall, yn debygol o arwain at gynnydd sylweddol yn nifer y personau sy’n gweithio yn yr ardal yr hysbyswyd yn ei chylch neu’n ymweld â hi. | Y Swyddfa dros Reoli Niwclear”. |
(3) In the interpretation provision following the Table—
(a)in sub-paragraph (a) for “mharagraff (c)(iv)” substitute “mharagraffau (c)(iv) ac (ca)(iv)”;
(b)after sub-paragraph (a) insert—
“(aa)ym mharagraffau (c) ac (ca) ystyr “safle niwclear perthnasol” (“relevant nuclear site”) yw safle sydd—
(i)yn safle niwclear ym Mhrydain Fawr (o fewn yr ystyr a roddir i “GB nuclear site” yn adran 68 o Ddeddf Ynni 2013);
(ii)yn safle amddiffyn awdurdodedig (o fewn yr ystyr a roddir i “authorised defence site” gan Reoliadau Iechyd a Diogelwch (Awdurdod Gorfodi) 1998); neu
(iii)yn safle adeiladu niwclear newydd (o fewn yr ystyr a roddir i “new nuclear build site” gan y Rheoliadau hynny).”.
209.—(1) Schedule 5 (consultation by the planning authority) to the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013(68) are amended as follows.
(2) In paragraph 3 after “substances” insert “(otherwise than on a relevant nuclear site)”.
(3) After paragraph 3 insert—
“3A. The Office for Nuclear Regulation where the development is within an area which has been notified to the planning authority by the Office for Nuclear Regulation for the purpose of this provision because of the presence within the vicinity of toxic, highly reactive, explosive or inflammable substances on a relevant nuclear site and which involves the provision of—
(a)residential accommodation;
(b)more than 250 square metres of retail floor space;
(c)more than 500 square metres of office floor space; or
(d)more than 750 square metres of floor space to be used for an industrial process,
or which is otherwise likely to result in a material increase in the number of persons working within or visiting the notified area.”.
(4) In sub-paragraph (1) of the interpretation section after the definition of “outdoor sports facility” insert—
““relevant nuclear site” means a site which is—
a nuclear site (within the meaning given in section 112(1) of the Energy Act 2013);
an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998);
a new nuclear build site (within the meaning given in regulation 2A of those 1998 Regulations).”.
210. In consequence of the provisions made by this Order, the instruments listed in the following Table are revoked to the extent specified—
| Instrument | Extent of revocation |
|---|---|
| Nuclear Installations Act 1965 etc. (Repeals and Modifications) Regulations 1974 | regulation 2(2) |
| The Atomic Energy (Americium) Order 2002 | The whole Order |
| Nuclear Industries Security Regulations 2003 | In regulation 2, the definitions of— (a) “the 1974 Act”; (b) “the 1978 Order”; (c) “nuclear construction site”; (d) “nuclear site”; (e) “other nuclear premises”; (f) “sensitive nuclear information”; and (g) “United Kingdom ship”. Regulation 4(4) Regulation 8(9) Regulations 12, 23 and 24 |
| Nuclear Industries Security (Fees) Regulations 2005 | In regulation 2(1), the definitions of “the 1974 Act” and “the 1978 Order” |
| Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006 | In the Schedule, paragraphs 13 and 14 |
| Nuclear Industries Security (Amendment) Regulations 2006(69) | regulation 8 |
| Carriage of Dangerous Goods and Transportable Pressure Equipment (Amendment) Regulations 2011 | regulation 13 |
S.I. 2004/1255, amended by S.I. 2007/3224.
S.I. 2004/1818, amended by S.I. 2011/1043.
S.I. 2009/1348, as amended by S.I. 2011/1885, SSI 2013/119 and S.I. 2013/235.
S.I.1977/500 amended by S.I. 1998/1658, S.I. 1999/860, S.I. 2006/594, S.I. 2008/960 and S.I. 2012/199.
S.I. 1987/37; relevant amending instruments are S.I. 1988/12 and S.I. 2004/568.
S.I. 1990/304 to which there are amendments not relevant to this Order.
S.I. 1991/1531, amended by S.I. 2005/1082. There are other amending instruments but none is relevant to this Order.
S.I. 1991/2749, amended by S.I. 1994/3098: there are other amending instruments but none is relevant to this Order.
S.I. 1993/2714; to which there are amendments not relevant to this Order.
S.I. 1994/3260, amended by S.I. 2000:730: there are other amending instruments but none is relevant to this Order.
S.I. 1996/192, to which there are amendments not relevant to this Order.
S.I. 1996/341, to which there are amendments not relevant to this Order.
S.I. 1996/890; to which there are amendments not relevant to this Order.
S.I. 1997/831; to which there are amendments not relevant to this Order.
S.I. 1997/2776; to which there are amendments not relevant to this Order.
S.I. 1998/494, amended by S.I. 1999/2024, S.I.1999/3232, S.I. 2002/2675, S.I. 2005/1082, S.I. 2005/1541, S.I. 2006/557, S.I. 2007/320, S.I. 2008/960, S.I. 2009/693, S.I. 2009/716, S.I. 2011/3058, S.I. 2012/632 and S.I. 2013/602.
S.I. 1998/1833; amended by S.I. 2003/1684, S.I. 2006/557 and S.I. 2008/960. There are other amending instruments but none is relevant to this Order.
S.I. 1999/743; amended by S.I. 1999/2597, S.I. 2002/2469, S.I. 2005/676, S.I. 2005/1088, S.I. 2008/736, S.I. 2008/960, S.I. 2008/1087, S.I. 2008/2337, S.I. 2013/235, S.I. 2013/755 and S.I. 2013/1471. There are other amending instruments but none is relevant to this Order.
S.I. 1999/2001, amended by S.I. 2002/1267, S.I. 2004/693 and S.I. 2008/960. There are other amending instruments but none is relevant to this Order.
S.I. 1999/2892; amended by the Countryside and Rights of Way Act 2000 (c.37), section 73, S.I. 2006/657, S.I. 2008/960 and S.I. 2013/755.
S.I. 1999/3232; amended by S.I. 2001/2975: there are other amending instruments but none is relevant to this Order.
S.I. 2001/2975; amended by S.I. 2006/557: there are other amending instruments but none is relevant to this Order.
S.I. 2002/2676, to which there are amendments not relevant to this Order.
S.I. 2002/2677, to which there are amendments not relevant to this Order.
S.I. 2003/1082, to which there are amendments not relevant to this Order.
S.I. 2004/1769. amended by S.I. 2013/235 and S.I. 2013/1821: there are other amending instruments but none is relevant to this Order.
S.I. 2005/1082, amended by S.I. 2009/693: there are other amending instruments but none is relevant to this Order.
S.I. 2005/1093. There are amendments to the Regulations which are not relevant to this Order.
S.I. 2005/1541; to which there are amendments not relevant to this Order.
S.I. 2005/1643; to which there are amendments not relevant to this Order.
S.I. 2006/557, amended by S.I. 2006/2739, S.I. 2007/1573, S.I. 2008/2323 and S.I. 2012/632; there are other amending instruments but none is relevant to this Order.
S.I. 2007/320, to which there are amendments not relevant to this Order.
S.I. 2008/1597, to which there are amendments not relevant to this Order.
S.I. 2008/2852, amended by S.I. 2012/1513 and S.I. 2013/2919: there are other amending instruments but none is relevant to this Order.
S.I. 2012/1652, to which there are amendments not relevant to this Order.
S.I. 1975/335, amended by S.I. 1976/1246, S.I. 2008/960 and S.I. 2008/2683.
Any report made by a person holding an ONR inquiry is to be published (Energy Act 2013, section 85(4)(b)).
S.I. 1990/263, amended by S.I. 1990/494.
S.I. 1991/507. S.I. 1991/507 was revoked, in so far as it applied in relation to England and Wales, by S.I. 2007/3538. S.I. 1991/507, as it extends to Scotland, was amended by S.I. 1994/1271, S.I. 1996/667, S.I. 1996/2678, SSI 2000/62 and S.S.I. 2011/418. There are other amendments but none is relevant to this Order.
S.I. 1992/656. Part A of Schedule 1 to the Planning (Hazardous Substances) Regulations 1992 (“the 1992 Regulations”) was substituted, in relation to England, by S.I. 2009/1901 and has been amended by S.I. 2010/1050 and S.I. 2014/162. Part A of Schedule 1 to the 1992 Regulations was substituted, in relation to Wales, by S.I. 2010/450. Part B of Schedule 1 to the 1992 Regulations was substituted, in relation to England, by S.I. 1999/1901 and has been amended by S.I. 2010/1050. Part B of Schedule 1 to the 1992 Regulations was substituted, in relation to Wales, by S.I. 2010/450. There are other amending instruments but none is relevant to this Order.
S.I. 1993/323, amended by S.S.I. 2009/378, S.S.I 2010/171. There are other amending instruments but none is relevant to this Order.
S.I. 1995/418. Paragraph O of Part 3 of Schedule 2, as it applies in relation to England only, was substituted by S.I. 2013/1101. Paragraph E of Part 4 of that Schedule, as it applies in relation to England, was substituted by S.I. 2013/2011. There are other amending instruments but none is relevant to this Order.
S.I. 1999/1549, amended by S.I. 2003/1993. There are other amending instruments but none is relevant to this Order.
S.I. 2000/432, to which there are amendments not relevant to this Order.
S.I. 2005/2042, to which there are amendments not relevant to this Order.
S.I. 2006/1466, to which there are amendments not relevant to this Order.
S.I. 2007/3544, to which there are amendments not relevant to this Order.
S.I. 2009/214, to which there are amendments not relevant to this Order.
S.I. 2009/1801, amended by the Crime and Courts Act 2013 (c.22), Schedule 8, paragraph 190 and by S.I. 2011/2085, S.I. 2012/700 and S.I. 2013/472. There are other amending instruments but none is relevant to this Order.
S.I. 2009/2264, amended by S.I. 2012/439, S.I. 2012/659, S.I. 2012/2654, S.I. 2012/2732, S.I. 2013/522 and S.I. 2013/755. There are other amending instruments but none is relevant to this Order.
S.I. 2009/2982, amended by S.I. 2012/2007, S.I. 2013/472 and S.I. 2013/1466.
S.I. 2010/102, amended by S.I. 2012/1659, S.I. 2012/2654, 2012/2732, S.I. 2013/522 and S.I. 2013/755. There are other amending instruments but none is relevant to this Order.
S.I. 2010/104, amended by S.I. 2012/1659, S.I. 2012/2654, S.I. 2012/2732, S.I. 2013/522 and S.I. 2013/755. There are other amending instruments but none is relevant to this Order.
S.I. 2010/2184, amended by S.I. 2012/636 and S.I. 2012/1659. There are other amending instruments but none is relevant to this Order.
S.S.I. 2011/139, to which there are amendments not relevant to this Order.
S.S.I. 2011/146, to which there are amendments not relevant to this Order.
S.I. 2011/2260, to which there are amendments not relevant to this Order.
S.I. 2012/1128, amended by S.I. 2013/472 and S.I. 2013/1575. There are other amending instruments but none is relevant to this Order.
SSI 2012/360, to which there are amendments not relevant to this Order.
S.I. 2012/801 (W.110), amended by S.I. 2012/1659 and S.I. 2013/755.
S.S.I. 2013/155, amended by S.I. 2013/155.