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

Health and Safety (Enforcing Authority) Regulations 1998

79.  After regulation 6 insert—

“Assignment of responsibility for enforcement in cases of uncertainty: the Executive and the ONR

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.

Assignment of responsibility for enforcement in cases of uncertainty: the ONR and the local authority

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.”.