2017 No. 463
The Nuclear Industries Security (Amendment) Regulations 2017
Made
Coming into force
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 74(1)(b), (3)(a), (c) and (f) and 75(1)(b), (2) and (6) of, and paragraphs 1, 8, 9(2) and (3) and 14 of Schedule 6 to, the Energy Act 20131.
In accordance with section 74(7)(a) and (c) of that Act, the Secretary of State has consulted the Office for Nuclear Regulation and such other persons as the Secretary of State considered appropriate.
For the purposes of section 74(9) and (10) of that Act, these Regulations are made for the nuclear security purposes.
In accordance with section 113(2)(a) and (3)(c) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.
Citation and commencement1
These Regulations may be cited as the Nuclear Industries Security (Amendment) Regulations 2017 and come into force on 31st March 2017.
Amendments to the Nuclear Industries Security Regulations 20032
The Nuclear Industries Security Regulations 20032 are amended as follows.
Requirement for approved security plan for nuclear premises3
In regulation 4 (requirement for approved security plan for nuclear premises)—
a
for paragraph (1) substitute—
1
The responsible person must ensure that there is an approved security plan in place at all times for each nuclear premises in relation to which that person is responsible (whether or not the premises form part of other premises to which this paragraph applies).
b
in paragraph (3)(d), after “(e)” insert “, (f), (g)”.
Requirement for approval of relevant personnel4
In regulation 9 (requirement for approval of relevant personnel), for “approved by the ONR as being” substitute “assessed, in accordance with a process that has been approved by the ONR, to be”.
Transport security statements5
In regulation 16 (transport security statements), in paragraph (3)(c), after “(f)” insert “, (g), (h)”.
Duties of approved carriers: general6
In regulation 17 (duties of approved carriers: general), in paragraph (3), for “approved by the ONR as being” substitute “assessed, in accordance with a process that has been approved by the ONR, to be”.
Regulation of sensitive nuclear information, uranium enrichment equipment and software7
In regulation 22 (regulation of sensitive nuclear information, uranium enrichment equipment and software)—
a
in paragraph (5)(a)—
i
at the end of paragraph (i) insert “or”; and
ii
omit paragraph (ii);
b
in paragraph (7)(d)—
i
in paragraph (i), omit “by the ONR”; and
ii
for “approved by the ONR as being” substitute “assessed, in accordance with a process that has been approved by the ONR, to be”.
Offences8
In regulation 25 (offences)—
a
in paragraph (1), after “regulation” insert “4(1),”; and
b
in paragraph (2)(b) omit “not exceeding the statutory maximum”; and
c
after paragraph (2) insert—
2A
In Scotland and Northern Ireland, a fine imposed under paragraph (2)(b) may not exceed the statutory maximum.
(This note is not part of the Regulations)