http://www.legislation.gov.uk/ukpga/2018/15/section/1Nuclear Safeguards Act 2018An Act to make provision about nuclear safeguards; and for connected purposes.texttext/xmlenStatute Law Database2024-05-18Expert Participation2020-12-31 11For section 72 of the Energy Act 2013 substitute—72In this Part, the “nuclear safeguards purposes” means the purposes of—aensuring compliance with nuclear safeguards regulations (see section 76A),bensuring compliance by the United Kingdom or, as the case may be, enabling or facilitating compliance by a Minister of the Crown, with a relevant international agreement, andcthe development of any future obligations relating to nuclear safeguards.2After section 76 of that Act insert—CHAPTER 2A76A1The Secretary of State may by regulations (“nuclear safeguards regulations”) make provision for the purpose of—aensuring that qualifying nuclear material, facilities or equipment are only available for use for civil activities (whether in the United Kingdom or elsewhere), orbgiving effect to provisions of a relevant international agreement.2The regulations may, for example, make provision relating to—arecord-keeping or accounting;bthe provision or publication of information;cinspection or monitoring;dimports or exports;ethe design of qualifying nuclear facilities or equipment;fthe production, processing, use, handling, storage or disposal of qualifying nuclear material or equipment.3The 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), andparagraphs 2 to 16 of Schedule 6 (examples of provision that may be made by nuclear regulations).4Nothing in nuclear safeguards regulations applies in relation to anything done for defence purposes (within the meaning of section 70).5The provision that may be made by nuclear safeguards regulations by virtue of section 113(7) includes provision modifying retained EU law (within the meaning of the European Union (Withdrawal) Act 2018).6In this section—“civil activities” means—production, processing or storage activities which are carried on for peaceful purposes;electricity generation carried on for peaceful purposes;decommissioning;research and development carried on for peaceful purposes;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—fissionable material specified in regulations under subsection (7),source material in the form of—uranium metal, alloy or compound, orthorium metal, alloy or compound, orore containing a substance from which a source material falling within paragraph (b) is capable of being derived.7The Secretary of State may by regulations specify fissionable material for the purposes of the definition of “qualifying nuclear material”.8Before making any regulations under this section, the Secretary of State must consult—athe ONR, andbsuch other persons (if any) as the Secretary of State considers it appropriate to consult.9Subsection (8)(a) does not apply if the regulations give effect, without modification, to proposals submitted by the ONR under section 81(1)(a)(ia).76B1The Secretary of State may by regulations authorise or require the ONR to make payments towards compliance costs.2“Compliance costs” means costs of complying with nuclear safeguards regulations or with specified provisions of nuclear safeguards regulations.3Regulations under subsection (1) may provide that payments are authorised or required to be made only in specified circumstances.4The ONR is responsible for determining the amounts of payments in accordance with any provision made by regulations under subsection (1).5In this section, “specified” means specified in regulations under subsection (1).3In section 112 of that Act (interpretation)—ain subsection (1), at the appropriate places insert—“nuclear safeguards regulations” means regulations under section 76A(1);;“relevant international agreement” has the meaning given by subsection (1A);;bafter subsection (1) insert—1ARelevant international agreement” means an agreement (whether or not ratified) to which the United Kingdom is a party and which—arelates to nuclear safeguards, andbis specified in regulations under subsection (1B),and a reference in this Part to a relevant international agreement is to the agreement as it has effect for the time being.1BThe Secretary of State may by regulations specify agreements for the purposes of subsection (1A)(b).1CReferences in subsection (1A) to an agreement to which the United Kingdom is a party include an undertaking given by the United Kingdom which—arelates to guidance or any other document issued by the International Atomic Energy Agency, andbis notified to the Agency by the United Kingdom,(and the reference in subsection (1B) to an agreement is to be read accordingly).1DBefore making regulations under subsection (1B), the Secretary of State must consult—athe ONR, andbsuch other persons (if any) as the Secretary of State considers it appropriate to consult.1ESubsection (1D)(a) does not apply if the regulations give effect, without modification, to proposals submitted by the ONR under section 81(1)(a)(iiia).4A consultation requirement imposed by an amendment made by this section may be satisfied by consultation carried out before this Act was passed.5The Schedule contains minor and consequential amendments.S. 1(2)-(4) in force at 26.10.2018 by S.I. 2018/1079, reg. 2(a)S. 1(5) in force at 26.10.2018 for specified purposes by S.I. 2018/1079, reg. 2(b)S. 1(1) in force at 31.12.2020 on IP completion day by S.I. 2020/1547, reg. 2(a)S. 1(5) in force at 31.12.2020 on IP completion day in so far as not already in force by S.I. 2020/1547, reg. 2(b)