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

Investigations

9.—(1) This paragraph applies where before 1st April 2014 the HSE authorised a person to investigate and make a special report under section 14(2) of the 1974 Act on a relevant matter.

(2) For the purposes of carrying out or continuing that investigation and the making of a special report on or after 1st April 2014 the authorisation is to be treated as an authorisation by the ONR under section 84 of the 2013 Act.

(3) If, immediately before 1st April 2014—

(a) the person to whom the HSE gave the authorisation has made a special report to the HSE, but

(b) the HSE had not caused the report, or a part of it, to be made public under section 14(5) of the 1974 Act,

the report is to be treated as if it had been made to the ONR under section 84(1) of the 2013 Act.

(4) If the person to whom the HSE gave the authorisation has not immediately before 1st April 2014 made a special report to the HSE, the ONR may direct that person to—

(a) abandon the investigation without making a special report, or

(b) continue the investigation in such manner as the ONR may direct.

(5) Where the HSE agreed before 1st April 2014 to exercise its power under section 14(6)(a) or (c) of the 1974 Act to pay remuneration or expenses to any person in respect of the investigation and special report, or to defray costs of the investigation and report, the ONR must pay such remuneration or expenses or defray the costs of the investigation and report as agreed except so far as they have been paid or defrayed before 1st April 2014 by the HSE.

(6) Sub-paragraph (5) does not affect the ONR’s power under section 84(5) of the 2013 Act to make other payments of remuneration or expenses or to defray costs.

(7) For the purposes of this paragraph “relevant matter” means any accident, occurrence, situation or other matter which—

(a) is relevant to any of the ONR’s purposes (within the meaning of the 2013 Act) other than the nuclear site health and safety purposes; and

(b) the HSE considered it necessary or desirable to investigate before 1st April 2014—

(i) for the purposes within paragraph (a); or

(ii) with a view to making regulations under section 15 of the 1974 Act so far as they could be made before that date for any of those purposes.