(1)The Secretary of State may make regulations for the purpose of ensuring the security of—
(a)nuclear sites and other nuclear premises;
(b)nuclear material used or stored on nuclear sites or other nuclear premises and equipment or software used or stored on such sites or premises in connection with activities involving nuclear material;
(c)other radioactive material used or stored on nuclear sites and equipment or software used or stored on nuclear sites in connection with activities involving other radioactive material;
[F1(cza)nuclear construction sites and equipment used or stored on such sites;]
[F2(ca)equipment or software in the United Kingdom which—
(i)is capable of being used in, or in connection with, the enrichment of uranium; and
(ii)is in the possession or control of a person involved in uranium enrichment activities;]
[F3(d)sensitive nuclear information which is in the possession or control in the United Kingdom of—
(i)a person who is involved in activities on or in relation to a nuclear site or nuclear premises or who is proposing or likely to become so involved;
(ii)a person involved in uranium enrichment activities; or
(iii)a person who is storing, transporting or transmitting the information for or on behalf of a person falling within sub-paragraph (i) or (ii);]
(e)nuclear material which is being (or is expected to be)—
(i)transported within the United Kingdom or its territorial sea;
(ii)transported (outside the United Kingdom and its territorial sea) to or from any nuclear site or other nuclear premises in the United Kingdom; or
(iii)carried on board a United Kingdom ship;
(f)information relating to the security of anything mentioned in paragraphs (a) to (e).
(2)The regulations may, in particular—
(a)require a person to produce for the approval of the Secretary of State a plan for ensuring the security of anything mentioned in subsection (1) and to comply with the plan as approved by the Secretary of State;
(b)require compliance with any directions given by the Secretary of State;
(c)impose requirements in relation to any activities by reference to the approval of the Secretary of State;
(d)create summary offences or offences triable either way;
(e)make provision for the purposes mentioned in subsection (1) corresponding to any provision which may be made for the general purposes of Part 1 of the Health and Safety at Work etc. Act 1974 (c. 37) by virtue of section 15(2), (3)(c) and (4) to (8) of that Act (health and safety regulations);
(f)make provision corresponding to any provision which may be made by virtue of section 43(2) to (5), (8) and (9) of that Act (fees), in connection with the performance by or on behalf of the Secretary of State or any other specified body or person of functions under the regulations; and
(g)apply (with or without modifications), or make provision corresponding to, any provision contained in sections 19 to 42 and 44 to 47 of that Act.
(3)An offence under the regulations may be made punishable—
(a)in the case of an offence triable either way—
(i)on conviction on indictment, with imprisonment for a term not exceeding two years or a fine (or both); and
(ii)on summary conviction, with imprisonment for a term [F4not exceeding 12 months (in F5... or Scotland) [F6or the general limit in a magistrates’ court (in England and Wales)] or 6 months (in Northern Ireland), or a fine (in England and Wales) or a fine not exceeding £20,000 (in Scotland and Northern Ireland), or both]; or
(b)in the case of a summary offence, with imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale (or both).
[F7(3A)In relation to an offence committed before [F82 May 2022], the reference to [F9the general limit in a magistrates’ court] in subsection (3)(a)(ii), as it has effect in England and Wales, is to be read as a reference to 6 months.]
(4)The regulations may make—
(a)provision applying to acts done outside the United Kingdom by United Kingdom persons;
(b)different provision for different purposes; and
(c)such incidental, supplementary and transitional provision as the Secretary of State considers appropriate.
(5)Before making the regulations the Secretary of State shall consult—
(a)[F10[F11the Office for Nuclear Regulation]] ; and
(b)such other persons as he considers appropriate.
(6)The power to make the regulations is exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
[F12(6A)References in this section to a person involved in uranium enrichment activities are references to a person who is or is proposing to become involved in any of the following activities (whether in the United Kingdom or elsewhere)—
(a)the enrichment of uranium;
(b)activities carried on with a view to, or in connection with, the enrichment of uranium;
(c)the production, storage, transport or transmission of equipment or software for or on behalf of persons involved in uranium enrichment activities; or
(d)activities that make it reasonable to assume that he will become involved in something mentioned in paragraphs (a) to (c).]
(7)In this section—
[F13“enrichment of uranium” means a treatment of uranium that increases the proportion of isotope 235 contained in the uranium;
“equipment” includes equipment that has not been assembled and its components;]
[F14“nuclear construction site” means a site—
on which works are being carried out with a view to its becoming a nuclear site used wholly or mainly for purposes other than defence purposes; and
which is situated within 5 kilometres of an existing nuclear site.]
[F15“nuclear material” has the same meaning as in Chapter 3 of Part 1 of the Energy Act 2004;
“nuclear site” means a licensed nuclear site within the meaning of that Chapter;]
“other nuclear premises” means premises other than a nuclear site on which nuclear material is used or stored;
“sensitive nuclear information” means—
information relating to, or capable of use in connection with, [F16the enrichment of] uranium; or
information relating to activities carried out on or in relation to nuclear sites or other nuclear premises which appears to the Secretary of State to be information which needs to be protected in the interests of national security;
“United Kingdom ship” means a ship registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 (c. 21)
(8)Any sums received by virtue of provision made under subsection (2)(f) shall be paid into the Consolidated Fund.
Textual Amendments
F1S. 77(1)(cza) inserted (18.12.2011) by Energy Act 2011 (c. 16), ss. 105(2), 121(3)
F2S. 77(1)(ca) inserted (5.10.2004) by Energy Act 2004 (c. 20), ss. 77(2), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1
F3S. 77(1)(d) substituted (5.10.2004) by Energy Act 2004 (c. 20), ss. 77(3), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1
F4Words in s. 77(3)(a)(ii) substituted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 32(2); S.I. 2014/251, art. 4
F5Words in s. 77(3) omitted (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), 10(2)(a)
F6Words in s. 77(3) inserted (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), 10(2)(b)
F7S. 77(3A) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 32(3); S.I. 2014/251, art. 4
F8Words in s. 77(3A) 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
F9Words in s. 77(3A) substituted (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
F10Words in s. 77(5)(a) substituted (1.4.2008) by The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 1, Sch. 3 (with art. 21, Sch. 2)
F11Words in s. 77(5)(a) substituted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 32(4); S.I. 2014/251, art. 4
F12S. 77(6A) inserted (5.10.2004) by Energy Act 2004 (c. 20), ss. 77(4), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1
F13Words in s. 77(7) inserted (5.10.2004) by Energy Act 2004 (c. 20), ss. 77(5), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1
F14Words in s. 77(7) inserted (18.12.2011) by Energy Act 2011 (c. 16), ss. 105(3), 121(3)
F15Words in s. 77(7) substituted (1.4.2005) by Energy Act 2004 (c. 20), ss. 69, 198(2), Sch. 14 para. 10(1); S.I. 2005/877, art. 2(1), Sch. 1
F16Words in s. 77(7)(a) substituted (5.10.2004) by Energy Act 2004 (c. 20), ss. 77(5)(b), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1