Nuclear site licences

Attachment of conditions to licences
4
1
The appropriate national authority—
a
must, when it grants a nuclear site licence, attach to it such conditions as the authority considers necessary or desirable in the interests of safety, and
b
may attach such conditions to it at any other time.
2
For the purposes of subsection (1), “
safety
” in relation to a nuclear site includes—
a
safety in normal circumstances, and
b
safety in the event of any accident or other emergency on the site.
3
Conditions that may be attached to a licence by virtue of subsection (1) may in particular include provision—
a
for securing that an efficient system is maintained for detecting and recording the presence and intensity of any ionising radiations from time to time emitted from anything on the site or from anything discharged on or from the site;
b
with respect to the design, siting, construction, installation, operation, modification and maintenance of any plant or other installation on, or to be installed on, the site;
c
with respect to preparations for dealing with, and measures to be taken on the happening of, any accident or other emergency on the site;
d
without prejudice to sections 13 and 16 of the Radioactive Substances Act 1993 or to
the Environmental Permitting (England and Wales) Regulations 2016 (
S.I. 2016/1154
),
or to the Environmental Authorisations (Scotland) Regulations 2018
with respect to the discharge of any substance on or from the site.
4
The appropriate national authority may at any time attach to a nuclear site licence such conditions as the appropriate national authority may consider appropriate with respect to the handling, treatment and disposal of nuclear matter.
5
The appropriate national authority may at any time vary or revoke any condition for the time being attached to a nuclear site licence by virtue of this section.
6
The appropriate national authority must consult the appropriate environment authority before—
a
attaching any condition to a nuclear site licence, or
b
varying or revoking any condition attached to a nuclear site licence,
if the condition relates to or affects the creation, accumulation or disposal of radioactive waste.
7
In subsection (6) “radioactive waste”—
a
in relation to a site in England or Wales, has the same meaning as in
the Environmental Permitting (England and Wales) Regulations 2016
;
b
in relation to a site in
... Northern Ireland, has the same meaning as in the Radioactive Substances Act 1993;
c
in relation to a site in Scotland, has the same meaning as in paragraph 5 of schedule 8 of the Environmental Authorisations (Scotland) Regulations 2018.
8
Any power under this section to attach, vary or revoke a condition is exercisable in writing.
9
The appropriate national authority must consider any representation which is—
a
made to it by an organisation representing persons who have duties on a site in respect of which a nuclear site licence is in force, and
b
relates to the exercise by the authority of any of its powers under this section in relation to the site.
10
Where a condition attached to a nuclear site licence by virtue of this section is contravened, each of the following is guilty of an offence—
a
the licensee, and
b
any person having duties upon the site in question who committed the contravention.
10A
person convicted of an offence under subsection (7) in England and Wales is liable—
a
on conviction on indictment to imprisonment for a term not exceeding 2 years, or a fine, or both;
b
on summary conviction to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine, or both.
11
A person convicted of an offence under subsection (10) in
... Scotland is liable—
a
on conviction on indictment to imprisonment for a term not exceeding 2 years, or a fine, or both;
b
on summary conviction to imprisonment for a term not exceeding 12 months,
... or a fine not exceeding £20,000
..., or both.
12
A person convicted of an offence under subsection (10) in Northern Ireland is liable—
a
on conviction on indictment to imprisonment for a term not exceeding 5 years, or a fine, or both;
b
on summary conviction to imprisonment for a term not exceeding 3 months, or a fine not exceeding the prescribed sum, or both.
13
In relation to an offence committed before
2 May 2022
the reference to
the general limit in a magistrates’ court
in subsection
(10A)(b)
, as it has effect in England and Wales, is to be read as a reference to 6 months.
S. 4 substituted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 19; S.I. 2014/251, art. 4
Words in s. 4(3)(d) substituted (E.W.) (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 29 para. 2(3)(a) (with regs. 1(3), 77-79, Sch. 4)
Words in s. 4(7)(a) substituted (E.W.) (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 29 para. 2(3)(b) (with regs. 1(3), 77-79, Sch. 4)
Words in s. 4(3)(d) inserted (S.) (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 6 para. 1(3) (with reg. 78, sch. 5 para. 2)
S. 4(7)(c) inserted (S.) (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 6 para. 1(4)(b) (with reg. 78, sch. 5 para. 2)
Words in s. 4(7)(b) omitted (S.) (1.9.2018) by virtue of The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 6 para. 1(4)(a) (with reg. 78, sch. 5 para. 2)
Words in s. 4(13) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1
S. 4(10A) inserted (E.W.) (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 3(3)(a)
Words in s. 4(11) omitted (E.W.) (7.2.2023 at 12.00 p.m.) by virtue of The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 3(3)(b)
Words in s. 4(11)(b) omitted (E.W.) (7.2.2023 at 12.00 p.m.) by virtue of The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 3(3)(c)
Word in s. 4(13) substituted (E.W.) (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 3(3)(d)
Words in s. 4(13) substituted (E.W.) (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table
Words in s. 4(11)(b) omitted (E.W.) (7.2.2023 at 12.00 p.m.) by virtue of The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 3(3)(c)