The Nuclear Safeguards (EU Exit) Regulations 2019

PART 1Introduction

1Citation and commencement

2Interpretation

PART 2Accountancy and control, records and the provision of information by an operator

3Declaration of basic technical characteristics

4Programme of activities

5Particular safeguard provisions

6Accountancy and control of qualifying nuclear material

7Accountancy and control plan

8Replacement, amendment and revocation of accountancy and control plan

9Operation of an accountancy and control plan

10Operating records

11Accounting records

12Accounting reports

13Initial book inventory

14Inventory change report

15Material balance report and physical inventory listing

16Special report

17Unusual occurrences

18Reporting of nuclear transformations

19Additional reporting obligations arising from relevant international agreements and from obligations resulting from international trade

20Weight units and categories of qualifying nuclear materials

PART 3Exports and imports

23Loss or delay during transfer

24Communication of change of date

PART 4Carriers and temporary storage agents

25Carriers and temporary storage agents

26Intermediaries

27Accounting records for ores

28Ore shipment and export reports

PART 6Qualifying nuclear material in the form of conditioned and retained waste

29Stock list and accounting records for conditioned and retained waste

30Transfers of conditioned waste

PART 7Qualifying nuclear facility with limited operation and exemption

31Declaration of basic technical characteristics, stock list and accounting records for qualifying nuclear facility with limited operation

PART 8Civil activities

33Withdrawal from civil activities

34Qualifying nuclear facilities which are used partly for civil activities

PART 9Communication

35Communication with the ONR

PART 10Safeguards equipment

36Safeguards equipment

37Access to safeguards equipment

38Interference with safeguards equipment

39Inspections by the ONR

40Publication of information by the ONR

41ONR to provide an annual report to the Secretary of State

42Provision of information to the Agency

PART 12Offences

PART 13Notification to the Secretary of State

44The Secretary of State may issue written advice

45Notification of receipt, production and transfer

46Form of notification

47Notification of change

48Continued application

49Interpretation

51General consequential and supplementary amendments Part 1 of Schedule 3

52General consequential amendments Part 2 of Schedule 3

53Transitional provisions

PART 1QUESTIONNAIRE FOR THE DECLARATION OF THE BASIC TECHNICAL CHARACTERISTICS OF A QUALIFYING NUCLEAR FACILITY

PART 2INVENTORY CHANGE REPORT

PART 3MATERIAL BALANCE REPORT (MBR)

PART 4PHYSICAL INVENTORY LISTING (PIL)

PART 5ADVANCE NOTIFICATION OF EXPORTS/SHIPMENTS OF QUALIFYING NUCLEAR MATERIAL

PART 6ADVANCE NOTIFICATION OF IMPORTS/RECEIPTS OF QUALIFYING NUCLEAR MATERIAL

PART 7REPORT OF ORE EXPORTS/SHIPMENTS

PART 8OUTLINE PROGRAMME OF ACTIVITIES

PART 9ANNUAL REPORT ON EXPORTS/SHIPMENTS OF CONDITIONED WASTE (Note. 1)

PART 10ANNUAL REPORT ON IMPORTS/RECEIPTS OF CONDITIONED WASTE

PART 11REQUEST FOR A QUALIFYING NUCLEAR FACILITY WITH LIMITED OPERATION

PART 12ADVANCE NOTIFICATION OF INTENDED WITHDRAWAL OF QUALIFYING NUCLEAR MATERIAL FROM CIVIL ACTIVITIES

SCHEDULE 2The Components of an Accountancy and Control System

SCHEDULE 3Consequential and supplementary amendments for Nuclear Safeguards Act 2000 and related legislation

1Nuclear Safeguards and Electricity (Finance) Act 1978

2In section 1— (a) in sub-section (1), for “made on...

3In section 2(1)— (a) in paragraph (a) for “articles 71...

4In section 2(2)— (a) in paragraph (a)—

5In section 2(7) for “article 92(2)” substitute “article 90”.

6In section 3(1)(b) for “article 76(d)” substitute “article 74(d)”.

7Nuclear Safeguards Act 2000

8In section 1(1)— (a) in the definition of “Additional Protocol”...

9In section 1(3) for “22nd September 1998” substitute “7th June...

10The Nuclear Safeguards (Notification) Regulations 2004

11In regulation 2, omit the definition of “the commencement date”....

12Omit regulation 3.

13In the Schedule— (a) in the heading for Part I...

PART 2General consequential and supplementary amendments

14Revocation of retained EU law

SCHEDULE 4Transitional provisions

1Declaration of basic technical characteristics

2Initial book inventory

3Inventory change report

4Material balance report

5Stock list for conditioned and retained waste held on commencement day

6Advance notification or report

7Advance notification on or after commencement day

8Accountancy and control of qualifying nuclear material

9Operator of qualifying nuclear facility with limited operation

2019 No. 196

Exiting The European Union

Nuclear Safeguards

The Nuclear Safeguards (EU Exit) Regulations 2019

Made7th February 2019

Coming into force in accordance with regulation 1.

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 74(3), 75, 76A(1), (2), (3), (5) and (7), 112(1B), 113(7) of and paragraphs 6, 7, 11, 13(1) and 14 of Schedule 6 to the Energy Act 20131 and by sections 2(1) and (3) of the Nuclear Safeguards Act 20182.

In accordance with sections 76A(8)(a) and (b) and 112(1D) of the Energy Act 2013 the Secretary of State has consulted the ONR and such other persons as the Secretary of State considers it appropriate to consult.

In accordance with section 113(2)(a), (aa) and (c) and 113(3)(a) and (c) of the Energy Act 2013 and with section 2(5) of the Nuclear Safeguards Act 2018, a draft of these Regulations has been laid before Parliament and approved by a resolution of each House of Parliament.