The Nuclear Security (Secretary of State Security Directions) Regulations 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations provide for the Secretary of State to give a direction (a “security direction”) in response to certain types of urgent security threat. The Secretary of State may direct those persons responsible for a civil nuclear site, nuclear or other radioactive material stored on part of a nuclear site, a nuclear construction site or other nuclear premises, the transport of nuclear material, or those persons holding sensitive nuclear information or equipment or software relating to uranium enrichment. The power to direct arises where the Secretary of State is satisfied that those premises or that material or information is at risk from an imminent threat of terrorism, espionage, sabotage or theft. It also arises where the Secretary of State is satisfied that there is an imminent threat of sensitive nuclear information or equipment or software relating to uranium enrichment being compromised or disclosed.

Regulations 3 and 4 make provision for the Secretary of State to give a security direction to a responsible person, for the duration of a direction, and for the way in which a direction may be varied, including by extending its duration.

Regulation 5 provides that a responsible person given a security direction must comply with that direction and must ensure that its officers, employees and contractors are made aware of any measures that are relevant to them, and that those officers, employees or contractors comply with those measures.

Regulation 6 requires the Secretary of State to lay a memorandum before Parliament stating that a security direction has been given under these Regulations, and to provide a copy of any security direction to the Office for Nuclear Regulation.

Regulation 7 provides for the application of these Regulations to United Kingdom and non-United Kingdom persons transporting nuclear material by ship.

Regulation 8 provides for the Secretary of State to appoint enforcement officers for the purposes of enforcing these Regulations. It gives effect to the Schedule, which sets out the powers that may be exercised by those officers.

Regulation 9 provides for the protection of information obtained by enforcement officers in the exercise of their powers, and for restrictions on disclosure of that information.

Regulation 10 creates criminal offences for failure to comply with a direction, and failure to comply with enforcement officers’ instructions when they are investigating non-compliance, as well as other breaches under the Regulations. Regulation 11 provides for penalties in respect of those offences.

Regulation 12 provides that, where a person commits an offence due to the act of another person, that other person may be charged in relation to the offence, whether or not the first mentioned person is prosecuted.

Regulations 13 and 14 provide for the liability of officers of bodies corporate and partners in partnerships where an offence has been committed with their consent or connivance, or which is attributable to their neglect.

Regulation 15 provides for these Regulations to be reviewed before the end of five years beginning with the day on which they come into force and for further reviews.

The Schedule to these Regulations sets out the powers that may be given to enforcement officers.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen. The Explanatory Memorandum to these regulations is available from the Department for Business, Energy and Industrial Strategy at 1 Victoria Street, London, SW1H 0ET and is published on www.legislation.gov.uk.