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

Explanatory Note

(This note is not part of the Order)

This Order makes consequential amendments to existing primary and subordinate legislation in consequence of the coming into force of the majority of the provisions of Part 3 of the Energy Act 2013 (c.32) (“the 2013 Act”) on 1st April 2014. This Order also makes various transitional provisions and savings in consequence of Part 3 of the 2013 Act and the provisions made by this Order.

Article 4 of and Schedule 1 to this Order make provision to enable certain existing subordinate legislation to be treated on and after 1st April 2014 as if made under the 2013 Act. This provision ensures that there will be continuity in the regulatory regime when functions under the Regulations specified in that Schedule, and in connection with their enforcement, are transferred from the Health and Safety Executive (“the HSE”) or the Secretary of State to the Office for Nuclear Regulation (“the ONR”). It also ensures that existing legislation requiring the payment of fees in connection with the exercise of the transferred functions continues to apply when the functions are transferred to the ONR.

Schedule 1 to this Order also makes transitional modifications to the way in which various offence provisions in the 2013 Act apply in relation to the Nuclear Industries Security Regulations 2003 to the extent that those Regulations are treated as made under the 2013 Act.

Article 5 of this Order makes transitional provision enabling agreements made by the HSE under section 13 of the Health and Safety at Work etc. Act 1974 to be treated as made by the ONR under section 90 of the 2013 Act on and after 1st April 2014.

Schedule 2 to this Order makes consequential amendments to existing primary legislation. The majority of amendments to primary legislation were made by Schedule 12 to the 2013 Act. Some additional amendments are, however, required to be made by this Order.

Schedule 3 to this Order makes consequential amendments to existing subordinate legislation. Part 1 of the Schedule amends legislation relevant to the nuclear security and nuclear safeguards purposes of the ONR (“nuclear security purposes” has the meaning given in section 70 of the 2013 Act and “nuclear safeguards purposes” has the meaning given in section 72 of that Act). Part 2 of the Schedule amends legislation relating to the nuclear site health and safety purposes of the ONR (“nuclear site health and safety purposes” has the meaning given in section 69 of the 2013 Act. Part 3 of the Schedule amends legislation to enable the ONR to recover fees in connection with the performance of various of its functions on and after 1st April 2014. These include functions relevant to the Generic Design Assessment and the enforcement of the Nuclear Installations Act 1965 and the Health and Safety at Work etc. Act 1974 as they apply to the civil nuclear industry. Part 4 of the Schedule amends various legislation as it applies in relation to GB nuclear sites. The majority of these changes ensure that the ONR, rather than the HSE, is consulted in relation to applications for consent under various planning regimes relevant to nuclear sites.

Article 7 of the Order makes transitional modifications to offence provisions of the Nuclear Installations Act 1965, the Anti-terrorism, Crime and Security Act 2001 and the 2013 Act as they apply in relation to offences committed before the date on which section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c.10) (removal of limit on certain fines on conviction by magistrates' court) comes into force.

Article 8 of and Schedule 4 to this Order make general transitional provisions and savings in consequence of the provisions of Part 3 of the 2013 Act and the provisions made by this Order.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.