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

Nuclear Industries Security Regulations 2003

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

“Transport by United Kingdom ship

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.

Transport by a ship other than a United Kingdom ship

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.”.