PART 3

Nuclear Regulation
CHAPTER 2A

Nuclear safeguards

Nuclear safeguards regulations
76A
1
The Secretary of State may by regulations (“nuclear safeguards regulations”) make provision for the purpose of—
a
ensuring that qualifying nuclear material, facilities or equipment are only available for use for civil activities (whether in the United Kingdom or elsewhere), or
b
giving effect to provisions of a relevant international agreement.
2
The regulations may, for example, make provision relating to—
a
record-keeping or accounting;
b
the provision or publication of information;
c
inspection or monitoring;
d
imports or exports;
e
the design of qualifying nuclear facilities or equipment;
f
the production, processing, use, handling, storage or disposal of qualifying nuclear material or equipment.
3
The following apply in relation to nuclear safeguards regulations as they apply in relation to nuclear regulations—
- section 74(3) to (5) (nuclear regulations),
- section 75 (offences),
- section 76 (civil liability), and
- paragraphs 2 to 16 of Schedule 6 (examples of provision that may be made by nuclear regulations).
4
Nothing in nuclear safeguards regulations applies in relation to anything done for defence purposes (within the meaning of section 70).
5
The provision that may be made by nuclear safeguards regulations by virtue of section 113(7) includes provision modifying
assimilated
law (within the meaning of the European Union (Withdrawal) Act 2018).
6
In this section—
- “civil activities” means—
  1. production, processing or storage activities which are carried on for peaceful purposes;
  2. electricity generation carried on for peaceful purposes;
  3. decommissioning;
  4. research and development carried on for peaceful purposes;
  5. any other activity carried on for peaceful purposes;
- “equipment” has the meaning given by section 70(3);
- “qualifying nuclear equipment” means equipment designed or adapted for use in connection with qualifying nuclear material or a qualifying nuclear facility;
- “qualifying nuclear facility” means a facility (including associated buildings) in which qualifying nuclear material is produced, processed, used, handled, stored or disposed of;
- “qualifying nuclear material” means—
  1. fissionable material specified in regulations under subsection
(7)
,
  2. source material in the form of—
    1. uranium metal, alloy or compound, or
    2. thorium metal, alloy or compound, or
  3. ore containing a substance from which a source material falling within paragraph
(b)
is capable of being derived.
7
The Secretary of State may by regulations specify fissionable material for the purposes of the definition of “qualifying nuclear material”.
8
Before making any regulations under this section, the Secretary of State must consult—
a
the ONR, and
b
such other persons (if any) as the Secretary of State considers it appropriate to consult.
9
Subsection
(8)(a)
does not apply if the regulations give effect, without modification, to proposals submitted by the ONR under section 81(1)(a)(ia).
Pt. 3 Ch. 2A inserted (26.10.2018) by Nuclear Safeguards Act 2018 (c. 15), ss. 1(2), 6(2); S.I. 2018/1079, reg. 2(a)
Word in s. 76A(5) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 79