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

Disclosure of information relevant to transferred functions: transitional modifications to Schedule 9 to the 2013 Act U.K.

21.—(1) Schedule 9 to the 2013 Act applies to transitional information, on and after 1st April 2014, as it applies to protected information (within the meaning given in paragraph 1(1) of that Schedule) but as if—

(a) any reference to the original holder were a reference to the ONR;

(b) in paragraph 7(2) (definition of appropriate consent)—

(i) where the information was obtained before 1st April 2014 by an HSE nuclear health and safety inspector or a nuclear inspector as a result of premises being entered in exercise of a power under section 20 of the 1974 Act or article 22 of the 1978 Order, the reference to the consent of a person having responsibilities in relation to the premises in paragraph (a) were a reference to the consent of the person having responsibilities in relation to those premises on and after 1st April 2014;

(ii) in any other case, the reference to the consent of the person from whom the information was obtained, or who provided it, as mentioned in paragraph 1(1) of Schedule 9 to the 2013 Act, were a reference to the consent of the person from whom the transitional information was obtained by or on behalf of the transferor, HSE nuclear health and safety inspector or nuclear inspector (as the case may be);

(c) in any case where the information is nuclear security information, the following text were inserted at the start of each of paragraphs 3 and 4—

“Where the Nuclear Industries Security Regulations 2003 apply to transport in a ship which is not a United Kingdom ship within the United Kingdom or its territorial sea and the ship in question enters or has entered the port in question or an attempt is or has been made for it to do so,”.

(2) The modifications made by sub-paragraph (1)(c) above do not apply to acts done outside the United Kingdom by a person other than a United Kingdom person.

(3) Information is transitional information for the purposes of this paragraph if—

(a) it was obtained by, or on behalf of, or provided to—

(i) the transferor before 1st April 2014, or in accordance with a notice served by the transferor before that date, for the purposes of carrying out, or facilitating the carrying out of, a transferred function;

(ii) an HSE nuclear health and safety inspector or a nuclear inspector, before 1st April 2014, for the purpose of carrying out, or facilitating the carrying out of, the inspector's functions as such;

(b) it is transferred from the transferor to the ONR (whether under a scheme made under Schedule 11 to the 2013 Act or otherwise) for the purpose of—

(i) enabling the ONR to carry out any transferred function; or

(ii) enabling ONR inspectors or health and safety inspectors to carry out their functions as such; and

(c) it—

(i) was not originally provided in a form calculated to prevent the information from being identified as relating to a particular person or case;

(ii) had not immediately before 1st April 2014 been made available to the public—

(aa) in accordance with an obligation under the Freedom of Information Act 2000 (“the 2000 Act”), the Freedom of Information (Scotland) Act 2002 or environmental information regulations (within the meaning given in section 39(1A) of the 2000 Act);

(bb) under the 1974 Act or the 1978 Order; or

(cc) lawfully from other sources.

(4) Information ceases to be transitional information for the purposes of this paragraph if on or after 1st April 2014 it—

(a) is disclosed as is mentioned in paragraph 16 of Schedule 9 to the 2013 Act; or

(b) is otherwise made available to the public by virtue of a disclosure in accordance with Part 3 of that Schedule or lawfully from other sources.

(5) In this paragraph “nuclear security information” means transitional information which was obtained by, or on behalf of, or provided to—

(a) the transferor before 1st April 2014 for the purpose of carrying out, or facilitating the carrying out of, any function under or in connection with—

(i) the 2003 Regulations;

(ii) any provision of the 1974 Act or the 1978 Order as applied for the purposes of the 2003 Regulations;

(iii) the Uranium Enrichment Technology (Prohibition on Disclosure) Regulations 2004;

(iv) the Nuclear Industries Security (Fees) Regulations 2005;

(b) a nuclear security inspector, before that date, for the purpose of carrying out, or facilitating the carrying out of, any function of the inspector's functions as such.

(6) Nothing in this paragraph affects any obligation imposed by, or under, any provision of primary legislation on the transferor, an HSE nuclear health and safety inspector or a nuclear inspector not to disclose transitional information.