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

PART 2 U.K. General Transitional Provisions

Continuity of the law: restatement of provisions of the 1965 Act and 1974 Act U.K.

2.  The repeal and re-enactment of provisions by Part 3 of the 2013 Act or by this Order does not affect the continuity of the law.

3.—(1) Any subordinate legislation made or other thing done, or having effect as if made or done, under or for the purposes of any superseded provision, if in force or effective immediately before 1st April 2014, has effect, so far as is required for continuing its effect on and after that date, as if made or done under or for the purposes of the corresponding restated provision. U.K.

(2) Sub-paragraph (1) is subject to Parts 1, 3 and 4 of Schedule 1 to this Order.

4.  Any reference (whether express or implied) in any enactment, instrument or document passed or made before 1st April 2014— U.K.

(a) to a restated provision, or

(b) to things done or falling to be done under or for the purposes of a restated provision,

is to be read as including (in relation to times, circumstances or purpose in relation to which the corresponding superseded provision had effect) a reference to the corresponding superseded provision or (as the case may be) to things done or falling to be done under or for the purposes of the corresponding superseded provision.

5.  Any reference (whether express or implied) in any enactment, instrument or document passed or made before 1st April 2014— U.K.

(a) to a superseded provision, or

(b) to things done or falling to be done under or for the purposes of a superseded provision,

is to be read as including (in relation to times, circumstances or purpose in relation to which the corresponding restated provision has effect) a reference to the corresponding restated provision or (as the case may be) to things done or falling to be done under or for the purposes of the corresponding restated provision.

Continuity of the law: regulations treated as regulations under Part 3 of the 2013 Act U.K.

6.—(1) Anything done before 1st April 2014 under or for the purposes of a provision of transposed regulations has effect, so far as is required for its continuing effect on and after that date, as if done under or for the purposes of that provision of transposed regulations as made under the 2013 Act.

(2) In this paragraph “provision of transposed regulations” means a provision which, by virtue of Part 1, 3 or 4 of Schedule 1 to this Order is treated on and after 1st April 2014 as a provision of regulations made under Part 3 of the 2013 Act.

Penalties for offences committed before 1st April 2014 U.K.

7.—(1) Notwithstanding any provision made by Part 3 of the 2013 Act or paragraphs 17 and 18, where—

(a) any superseded provision,

(b) a relevant provision of the 1978 Order, or

(c) any provision of legislation modified by Schedule 3 or 4 to this Order,

prescribed a penalty for an offence of any kind, that penalty continues to apply to offences of that kind committed before 1st April 2014.

(2) In this paragraph “relevant provision of the 1978 Order” means, to the extent it corresponds (with or without modification) to any provision of Part 3 of the 2013 Act, a provision of the 1978 Order applied for the purposes of the 2003 Regulations.

Functions of the HSE and the Secretary of State U.K.

8.—(1) Anything which immediately before 1st April 2014 is in the process of being done by or in relation to the transferor for the purposes of, or in connection with, a transferred function may be continued on or after that date by or in relation to the ONR.

(2) Anything done (or having effect as if done) by or in relation to the transferor for the purposes of, or in connection with, any transferred function before 1st April 2014 has effect, so far as is required for continuing its effect on and after that date, as if done by or in relation to the ONR.

(3) Any instrument or document made before 1st April 2014 has effect on and after that date, so far as is required for the purposes of or in consequence of the transfer of a transferred function, as if references to the transferor (and references which are to be read as references to the transferor) were or included references to the ONR.

Investigations U.K.

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.

Inquiries U.K.

10.—(1) This paragraph applies where before 1st April 2014 the HSE directed an inquiry to be held under section 14(2A) of the 1974 Act for any relevant purpose.

(2) Sections 85 and 86(1) to (3) of the 2013 Act apply in relation to that inquiry on or after 1st April 2014 as if the ONR had directed that the inquiry be held under section 85(1) of the 2013 Act.

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

(4) Sub-paragraph (3) does not affect the ONR's power under section 86(3) of the 2013 Act to make other payments of remuneration or expenses or to defray costs.

(5) For the purposes of this paragraph “relevant purpose” means a purpose which—

(a) was, immediately before 1st April 2014, within the general purposes of Part 1 of the 1974 Act; but

(b) on or after that date falls only within the ONR's purposes (within the meaning of the 2013 Act).

Continuity of exercise of functions by inspectors U.K.

11.—(1) Anything which immediately before 1st April 2014 is in the process of being done by or in relation to an HSE nuclear health and safety inspector may be continued on or after that date by or in relation to a health and safety inspector.

(2) Anything done (or having effect as if done) before 1st April 2014 by or in relation to an HSE nuclear health and safety inspector is, so far as is required for continuing its effect on and after that date, to have effect as if done by or in relation to a health and safety inspector.

(3) Any instrument or document made before 1st April 2014 has effect on and after that date so far as is required for the purposes or in consequence of the transfer of any function of an HSE nuclear health and safety inspector as if references to an HSE nuclear health and safety inspector (and references which are to be read as references to an HSE nuclear health and safety inspector) were or included references to a health and safety inspector.

(4) Anything which, immediately before 1st April 2014 is in the process of being done by or in relation to a nuclear inspector may be continued on or after that date by or in relation to an ONR inspector in the exercise of the ONR inspector's powers or duties as such.

(5) Anything done (or having effect as if done) before 1st April 2014 by or in relation to a nuclear inspector is, so far as is required for continuing its effect on and after that date, to have effect as if done by or in relation to an ONR inspector in the exercise of the ONR inspector's powers or duties as such.

(6) Any instrument or document made before 1st April 2014 has effect on and after that date so far as is required for the purposes or in consequence of the transfer of any function of a nuclear inspector as if references to a nuclear inspector (and references which are to be read as references to a nuclear inspector) were or included references to an ONR inspector.

(7) Anything which immediately before 1st April 2014 is in the process of being done by or in relation to—

(a) an HSE working time inspector may be continued on or after that date by or in relation to an ONR working time inspector;

(b) an HSE ELCI inspector may be continued on or after that date by or in relation to an ONR ELCI inspector.

(8) Anything done before 1st April 2014—

(a) by or in relation to an HSE working time inspector is, so far as is required for continuing its effect on and after that date, to have effect as if done by or in relation to an ONR working time inspector;

(b) by or in relation to an HSE ELCI inspector is, so far as is required for continuing its effect on and after that date, to have effect as if done by or in relation to an ONR ELCI inspector.

(9) Any instrument or document made before 1st April 2014 has effect on and after that date so far as is required for the purposes of or in consequence of the transfer of any function of an HSE working time inspector or an HSE ELCI inspector as if references to an HSE working time inspector or an HSE ELCI inspector (and references which are to be read as references to an HSE working time inspector or an HSE ELCI inspector) were or included references to an ONR working time inspector or (as the case may be) an ONR ELCI inspector.

(10) In this paragraph—

(a) “HSE ELCI inspector” means an inspector authorised by the HSE in exercise of powers conferred on the Secretary of State by section 4(2)(b) of the Employers' Liability (Compulsory Insurance) Act 1969 and pursuant to the ELCI Agreement;

(b) “HSE working time inspector” means an inspector—

(i) appointed by the HSE under regulation 28(7) of and paragraph 1(1) of Schedule 3 to the Working Time Regulations 1998; and

(ii) acting within the field of responsibility of the HSE (within the meaning of those Regulations) so far as it becomes the ONR's field of responsibility on 1st April 2014 by virtue of Schedule 3 to this Order;

(c) “ONR ELCI inspector” means an inspector authorised by the ONR in exercise of powers conferred on the Secretary of State by section 4(2)(b) of the Employers' Liability (Compulsory Insurance) Act 1969 and pursuant to an agreement under section 90 of the 2013 Act between the ONR and the Secretary of State;

(d) “ONR working time inspector” means an inspector appointed by the ONR under regulation 28(7) of and paragraph 1(1) of Schedule 3 to the Working Time Regulations 1998.

Continuity of exercise of fire safety functions U.K.

12.—(1) Anything which immediately before 1st April 2014 is in the process of being done by or in relation to an HSE fire officer may be continued on or after that date by or in relation to an ONR fire officer.

(2) Anything done (or having effect as if done) before 1st April 2014 by or in relation to an HSE fire officer is, so far as is required for continuing its effect on and after that date, to have effect as if done by or in relation to an ONR fire officer.

(3) Any instrument or document made before 1st April 2014 has effect so far as is required for the purposes of or in consequence of the transfer of any function of an HSE fire officer as if references to an HSE fire officer (and references which are to be read as references to an HSE fire officer) were or included references to an ONR fire officer.

(4) Any arrangements made with the HSE pursuant to section 61(7) of the 2005 Act are, so far as is required for continuing their effect on and after that date, to have effect as if made with the ONR pursuant to section 61(7) of the 2005 Act as amended by virtue of Schedule 12 to the 2013 Act.

(5) In this paragraph—

(a) “the transferred enforcement responsibility” means—

(i) in relation to premises in England and Wales, the duty of the HSE to enforce any provision of the 2005 Order so far as it becomes the ONR's duty on 1st April 2014 by virtue of Schedule 12 to the 2013 Act;

(ii) in relation to premises in Scotland, the duty of the HSE to enforce any provision of the 2005 Act so far as it becomes the ONR's duty on that date by virtue of Schedule 12 to the 2013 Act;

(b) “HSE fire officer” means—

(i) in relation to premises in England and Wales, a fire inspector appointed by the HSE for the purposes of carrying out the transferred enforcement responsibility; or

(ii) in relation to premises in Scotland, an enforcement officer appointed by HSE for the purposes of carrying out the transferred enforcement responsibility;

(c) “ONR fire officer” means—

(i) in relation to premises in England and Wales, a fire inspector appointed by the ONR;

(ii) in relation to premises in Scotland, an enforcement officer appointed by the ONR.

Supplementary U.K.

13.—(1) This Part of this Schedule—

(a) is—

(i) subject to any provision made by the 2013 Act or this Order; and

(ii) without prejudice to any transfer scheme made under Schedule 11 to the 2013 Act;

(b) does not apply in relation to—

(i) any appointment of an inspector (whether under section 19 of the 1974 Act or otherwise) made by, or on behalf of, the HSE or the Secretary of State;

(ii) any appointment of an enforcement officer by the HSE under section 61 of the 2005 Act;

(iii) any authorisation of an inspector by the HSE in exercise of powers conferred on the Secretary of State by section 4(2)(b) of the Employers' Liability (Compulsory Insurance) Act 1969 and pursuant to the ELCI agreement;

(iv) any appointment of a member of HSE;

(v) any contract of employment made by the HSE.

(2) Any specific provision in Part 3 of this Schedule is not to be taken to affect the generality of the provisions of this Part.