The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014
1Citation and commencement
2Interpretation
3Extent and application
4Regulations to be treated as regulations under the 2013 Act
5Agreements concerning functions related to the transport of radioactive materials to be treated as agreements entered into by the ONR
6Consequential amendments
7Transitional provisions: fines on conviction by magistrates' court
8Transitional provisions and savings: general
SCHEDULE 1Regulations to be treated as regulations under the 2013 Act
PART 1Regulations to be treated as nuclear regulations
1Nuclear Industries Security Regulations 2003
2Nuclear Safeguards (Notification) Regulations 2004
3Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009
PART 2Application of the 2013 Act to the Nuclear Industries Security Regulations 2003 – modification of provisions relating to offences
4Application to transport other than transport in a ship which is not a United Kingdom ship or in a hovercraft which is not a United Kingdom hovercraft
5Transport in a ship which is not a United Kingdom ship
6Transport in a hovercraft which is not a United Kingdom hovercraft
PART 3Regulations to be treated as regulations under section 85 of the 2013 Act
7Health and Safety Inquiries (Procedure) Regulations 1975
PART 4Regulations to be treated as regulations under section 101 of the 2013 Act
8Regulations to be treated as regulations under section 101 of the 2013 Act
SCHEDULE 2Consequential amendments to primary legislation
1Fireworks Act 1951 (c.58)
2Public Records Act 1958 (c.51)
3Building Act 1984 (c.55)
4Environment and Safety Information Act 1988 (c.30)
5Planning (Hazardous Substances) Act 1990 (c.10)
6In section 7(3) (applications for hazardous substances consent) for “means...
7In section 9(2)(e) (determination of applications for hazardous substances consent)...
8In section 10(2) (power to impose conditions on grant of...
9In section 18(2)(b) (determination of applications for continuation of hazardous...
10(1) Section 29 (health and safety requirements) is amended as...
11Environmental Protection Act 1990 (c.43)
12(1) Section 36 (grant of licences) is amended as follows....
13Paragraph 2(2) of Schedule 13 is repealed.
14Atomic Weapons Establishment Act 1991 (c.46)
15Planning (Hazardous Substances) (Scotland) Act 1997 (c.10)
16In section 5(3) (applications for hazardous substances consent) for “Health...
17In section 7(2)(e) (determination of applications for hazardous substances consent)...
18In section 8(2) (power to impose conditions on grant of...
19In section 16(2)(b) (determination of applications for continuation of hazardous...
20(1) Section 28 (health and safety requirements) is amended as...
21Utilities Act 2000 (c.27)
22Enterprise Act 2002 (c.40)
23Domestic Violence, Crime and Victims Act 2004 (c.28)
24Local Government and Public Involvement in Health Act 2007 (c.28)
25Local Democracy, Economic Development and Construction Act 2009 (c.20)
26Civil Aviation Act 2012 (c.19)
SCHEDULE 3Consequential amendments to instruments
PART 1Nuclear security and nuclear safeguards
1Nuclear Industries Security Regulations 2003
2(1) Subject to paragraph (2)— (a) for “Secretary of State”...
3(1) Regulation 2 (interpretation: general) is amended as follows.
4In regulation 4 (requirement for approved security plan for nuclear...
5In regulation 8 (temporary security plans during building works etc.)—...
6(1) Regulation 11 (directions to responsible persons) is amended as...
7Omit regulation 12.
8(1) Regulation 21 (directions to carriers) is amended as follows....
9After regulation 22(7) (regulation of sensitive nuclear information etc.) insert—...
10Omit regulations 23 and 24.
11(1) Regulation 25 (offences) is amended as follows.
12After regulation 25 insert— Notification of compliance with a 2001...
13After regulation 26 insert— “ PART 5A Transport by ship...
14For regulation 27 (transport by ship) substitute— Transport by United...
15In regulation 28— (a) for paragraph (3) substitute—
16After regulation 28 insert— Transport in a ship other than...
17Nuclear Safeguards (Notification) Regulations 2004
18(1) Subject to paragraph (2) for “Secretary of State” substitute...
19In regulation 2 (interpretation) at the appropriate place insert— “the...
20In regulation 5(2) and (3) (persons not required to notify...
21In regulation 6 (form of notification to the Secretary of...
22Uranium Enrichment Technology (Prohibition on Disclosure) Regulations 2004
23In regulation 1(2) (citation, commencement and interpretation)—
24(1) Regulation 3 (exempt disclosures) is amended as follows.
25In regulation 4 (authorisation of disclosures)— (a) for “Secretary of...
26In regulation 5 (withdrawal or variation of authorisations)—
27In regulation 6(5)(b) (sending and giving of applications, information, representations...
PART 2Transport functions
28Carriage of Dangerous Goods and Transportable Pressure Equipment Regulations 2009
PART 3Safety functions
29Nuclear Installations (Dangerous Occurrences) Regulations 1965
30Safety Representatives and Safety Committees Regulations 1977
31In regulation 2(1) (interpretation) after the definition of “recognised trade...
32(1) Regulation 4 (functions of safety representatives) is amended as...
33(1) In regulation 4A(1)— (a) in sub-paragraph (c) after “relevant...
34(1) Regulation 5 (inspections of the workplace) is amended as...
35In regulation 6(3) (inspections following notifiable accidents, occurrences and diseases)...
36In regulation 7(1) (inspection of documents and provision of information)...
37Dangerous Substances in Harbour Areas Regulations 1987
38In regulation 2(1) (interpretation)— (a) after the definition of “ADR”...
39(1) Regulation 35 (applications for explosives licences) is amended as...
40(1) Regulation 36 (consideration of licence applications) is amended as...
41After regulation 36 insert— Harbours ceasing to be nuclear harbours...
42In regulation 41 (deteriorated explosives) for “Health and Safety Executive”...
43(1) Regulation 44 (enforcement) is amended as follows.
44(1) In Schedule 7 (procedure for explosives licence applications)—
45Dangerous Substances (Notification and Marking of Sites) Regulations 1990
46Control of Explosives Regulations 1991
47In regulation 2(1) (interpretation) after the definition of “occupier” insert—...
48After regulation 3(4)(d) (application) insert— (e) the ONR. .
49In regulation 11(1)(a) (licensed occupier to appoint person responsible for...
50After regulation 13(8) (reporting loss) insert— (9) Where any loss...
51For regulation 15 (enforcement) substitute— (1) This regulation applies subject to section 18(1A) of the...
52Simple Pressure Vessels (Safety) Regulations 1991
53Placing on the Market and Supervision of Transfers of Explosives Regulations 1993
54In regulation 3 (application)— (a) at the end of paragraph...
55(1) Regulation 9 (enforcement) is amended as follows.
56Electrical Equipment (Safety) Regulations 1994
57In regulation 11 (internal production control) after “the Health and...
58(1) Regulation 17 (regulations to be treated as safety regulations...
59Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 1996
60In regulation 2(2) (interpretation)— (a) omit the definition of “enforcement...
61In regulation 14(2)(a) (conditions for equipment etc. being taken to...
62After regulation 15(5) (enforcement) insert— (6) For the purposes of...
63(1) Schedule 14 (enforcement) is amended as follows.
64Health and Safety (Safety Signs and Signals) Regulations 1996
65Marking of Plastic Explosives for Detection Regulations 1996
66Lifts Regulations 1997
67In regulation 2(2) (interpretation)— (a) for paragraph (a)(i) of the...
68(1) Schedule 15 (enforcement) is amended as follows.
69Diving at Work Regulations 1997
70Health and Safety (Enforcing Authority) Regulations 1998
71After regulation 1 insert— Application Nothing in these Regulations applies to the enforcement of the...
72In regulation 2(1) (interpretation)— (a) after the definition of “agricultural...
73After regulation 2 insert— New nuclear build sites (1) Subject to paragraphs (3) and (4), “new nuclear build...
74In regulation 3(7) (local authorities to be enforcing authorities in...
75(1) Regulation 4 (exceptions) is amended as follows.
76After regulation 4 insert— The Office for Nuclear Regulation (1) The ONR shall be the enforcing authority for premises...
77Before regulation 5(1) (arrangements enabling responsibility for enforcement to be...
78(1) Regulation 6 (arrangements enabling responsibility for enforcement to be...
79After regulation 6 insert— Assignment of responsibility for enforcement in...
80Working Time Regulations 1998
81(1) Regulation 28 (enforcement) is amended as follows.
82(1) In paragraph 8 of Schedule 3 (restrictions on disclosure...
83Control of Major Accident Hazards Regulations 1999
84In regulation 2(1) (interpretation)— (a) for the definition of “competent...
85In Regulation 7(11) (safety report) after “the Executive” insert “...
86(1) Regulation 15 (provision of information to the competent authority)...
87After regulation 16(3) (provision of information to other establishments) insert—...
88In Regulation 19(4) (inspections and investigations) for “or the Executive”...
89(1) Regulation 20 (enforcement) is amended as follows.
90(1) Regulation 22 (fee payable by operator) is amended as...
91Pressure Equipment Regulations 1999
92In regulation 2(2) (interpretation)— (a) before the definition of “assembly”...
93In paragraph 1(a) of Schedule 8 (enforcement) for “Executive”, in...
94Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999
95Subject to paragraphs 96 and 97, for “Executive” substitute “...
96In regulation 2(1) (definitions)— (a) omit the definition of “the...
97In regulation 16(1) (enforcement) for “Health and Safety Executive” substitute...
98Ionising Radiations Regulations 1999
99In regulation 2(1) (interpretation) after the definition of “radioactive substance”...
100(1) In the provisions specified in paragraph (2) for “Executive”...
101(1) Regulation 5 (authorisation of specified practices) is amended as...
102(1) Regulation 6 (notification of specified practices) is amended as...
103(1) Regulation 22 (estimated doses and special entries) is amended...
104(1) Regulation 25 (investigation and notification of overexposure) is amended...
105Radiation (Emergency Preparedness and Public Information) Regulations 2001
106Control of Lead at Work Regulations 2002
107Control of Substances Hazardous to Health Regulations 2002
108Ammonium Nitrate Materials (High Nitrate Content) Safety Regulations 2003
109Justification of Practices Involving Ionising Radiation Regulations 2004
110Manufacture and Storage of Explosives Regulations 2005
111In regulation 2 (interpretation)— (a) in paragraph (1) after the...
112After regulation 3(4)(a) (application) insert— (aa) the ONR; .
113In regulation 5(2)(b) (separation distances) after “Executive” insert “ or...
114(1) Regulation 11 (registration in relation to storage) is amended...
115After regulation 11 insert— Sites which cease to be an...
116(1) Regulation 13 (grant of licences) is amended as follows....
117After regulation 13 insert— Licences for sites which cease to...
118(1) Regulation 14 (local authority assent) is amended as follows....
119(1) Regulation 16 (variation of licences) is amended as follows....
120(1) Regulation 23 (defences) is amended as follows.
121In Schedule 1 (licensing authority)— (a) in paragraph 1 for...
122In Schedule 4 (registers) in paragraph 8 after “local authority”...
123Control of Vibration at Work Regulations 2005
124Regulatory Reform (Fire Safety) Order 2005
125Control of Noise at Work Regulations 2005
126Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006
127Construction (Design and Management) Regulations 2007
128Supply of Machinery (Safety) Regulations 2008
129(1) Regulation 2(2) (interpretation) is amended as follows.
130(1) Schedule 5 (enforcement) is amended as follows.
131REACH Enforcement Regulations 2008
132Regulation 2(2) (interpretation) is amended as follows—
133In regulation 3(2) (enforcement) for “regulation 6” substitute “ regulations...
134After regulation 3 insert— Enforcement: relevant nuclear sites (1) This regulation applies where the Office for Nuclear Regulation...
135In regulation 6(4) (health and safety enforcement) after “varied by”...
136In regulation 17(1) (appearance of authorised persons before a court...
137In regulation 21(2)(b) (appeals against notices) after “Northern Ireland” insert...
138In the table in Schedule 1 (table of REACH provisions)...
139In Schedule 2 (functions of enforcing authorities) in paragraph 2...
140(1) Part 2 of Schedule 6 (powers of enforcement) is...
141(1) Section 3 of Schedule 7 (authorisations) is amended as...
142(1) Part 2 of Schedule 8 (appeals) is amended as...
143Transfrontier Shipment of Radioactive Waste and Spent Fuel Regulations 2008
144Control of Artificial Optical Radiation at Work Regulations 2010
145Control of Asbestos Regulations 2012
146Identification and Traceability of Explosives Regulations 2013
147Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013
PART 4Fees
148Nuclear Industries Security (Fees) Regulations 2005
149In regulation 2 (interpretation)— (a) in paragraph (1)—
150In regulation 3 (fees payable for regulation of nuclear industries...
151In regulation 4 (supplementary provisions) for “Secretary of State” substitute...
152In the Table in the Schedule— (a) in the header...
153Health and Safety (Fees) Regulations 2012
154In regulation 1(3) (interpretation)— (a) before the definition of “approval”...
155For regulation 8(6) (fees payable in connection with the Ionising...
156Regulation 9(1) (fees payable under the Manufacture and Storage of...
157In regulation 11 (fees for application for or changes to...
158For regulation 12 (estimate of cost of work) substitute— (1) Where any fee is to be assessed on the...
159(1) Regulation 16 (fees payable in relation to nuclear installations)...
160(1) Regulation 17 (provisions supplementary to regulations 14 to 16)...
161In regulation 24(9) (provisions supplementary to regulation 23)—
162In Schedule 7 (Fees payable in connection with the Ionising...
163In Schedule 13 (Fees payable in relation to nuclear assessments,...
PART 5General
164Health and Safety Inquiries (Procedure) Regulations 1975
165In regulation 2(1) (interpretation)— (a) after the definition of “the...
166In regulation 3(1) (application of Regulations) after “the 1974 Act”...
167In regulation 4 (notification of inquiry) for “Executive” substitute “...
168In regulation 5 (appearances at inquiry)— (a) in the heading...
169After regulation 5 insert— Appearances at an ONR inquiry (1) The persons entitled to appear at the ONR inquiry...
170In regulation 6(1) (representation) after “so appointed” insert “ and...
171(1) Regulation 7 (power to require attendance of witnesses and...
172In regulation 8 (procedure at inquiry) for “appointed person”, in...
173In regulation 9 (site inspections) for “appointed person” substitute “...
174(1) Regulation 10 (procedure after inquiry) is amended as follows....
175For regulation 11 (notices) substitute— (1) This regulation applies to the service of notices required...
176After regulation 11 insert— Offences in connection with an ONR...
177Electricity (Non-Fossil Fuel Sources) (England and Wales) Order 1990
178Environmental Protection (Applications, Appeals and Registers) Regulations 1991
179Planning (Hazardous Substances) Regulations 1992
180In regulation 10(1) (consultation before the grant of hazardous substances...
181In regulation 11(5) (determination of applications for hazardous substances consent)...
182(1) Schedule 1 (Hazardous Substances and Controlled Quantities) is amended...
183Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993
184After regulation 11(1)(a) (consultation before the grant of hazardous substances...
185After regulation 12(4)(a) (determination of applications for hazardous substances consent)...
186(1) Schedule 1 (hazardous substances and controlled quantities) is amended...
187Town and Country Planning (General Permitted Development) Order 1995
188In paragraph O of Part 3 (changes of use), as...
189In paragraph E of Part 4 (temporary buildings and use),...
190Public Interest Disclosure (Prescribed Persons) Order 1999
191Greater London Authority (Disqualification) Order 2000
192Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005
193Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006
194Legislative and Regulatory Reform (Regulatory Functions) Order 2007
195Companies (Disclosure of Address) Regulations 2009
196Overseas Companies Regulations 2009
197Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009
198Company, Limited Liability Partnership and Business Names (Public Authorities) Regulations 2009
199Infrastructure Planning (Interested Parties) Regulations 2010
200Infrastructure Planning (Compulsory Acquisition) Regulations 2010
201Town and Country Planning (Development Management Procedure) (England) Order 2010
202Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011
203Disclosure (Persons engaged in the Investigation and Reporting of Crime or Sudden Deaths) (Scotland) Regulations 2011
204Equality Act 2010 (Specific Duties) Regulations 2011
205Postal Services Act 2011 (Disclosure of Information) Order 2012
206Pollution Prevention and Control (Scotland) Regulations 2012
207Town and Country Planning (Development Management Procedure) (Wales) Order 2012
208(1) The Welsh text of Schedule 4 to the Town and...
209Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013
PART 6Revocations
210In consequence of the provisions made by this Order, the...
SCHEDULE 4Transitional Provisions and Savings
PART 1Interpretation
1(1) In this Schedule— “the 1978 Order” means the Health...
PART 2General Transitional Provisions
2Continuity of the law: restatement of provisions of the 1965 Act and 1974 Act
3(1) Any subordinate legislation made or other thing done, or...
4Any reference (whether express or implied) in any enactment, instrument...
5Any reference (whether express or implied) in any enactment, instrument...
6Continuity of the law: regulations treated as regulations under Part 3 of the 2013 Act
7Penalties for offences committed before 1st April 2014
8Functions of the HSE and the Secretary of State
9Investigations
10Inquiries
11Continuity of exercise of functions by inspectors
12Continuity of exercise of fire safety functions
13Supplementary
PART 3Specific matters
CHAPTER 1Enforcement and criminal proceedings
14Improvement notices issued before 1st April 2014
15Prohibition notices issued before 1st April 2014
16Prohibition notice appeals - directions
17Offences — proceedings commenced before 1st April 2014
18Offences — proceedings not commenced before 1st April 2014
19Remedial orders made before 1st April 2014
CHAPTER 2Information
20Requests for information
21Disclosure of information relevant to transferred functions: transitional modifications to Schedule 9 to the 2013 Act
CHAPTER 3Other transitionals in connection with primary legislation amended by or under the 2013 Act
22Nuclear Installations Act 1965
23(1) Relevant expenses which are not transitional expenses remain repayable...
24Health and Safety at Work etc. Act 1974 – civil liability
25Nuclear Safeguards Act 2000
26Environment and Safety Information Act 1988
CHAPTER 4Fees and expenses
27Control of Major Accident Hazards Regulations 1999
28Nuclear Reactors (Environmental Impact for Decommissioning) Regulations 1999
29Nuclear Industries Security (Fees) Regulations 2005
30Health and Safety (Fees) Regulations 2012
31(1) A relevant fee which is not a transitional fee...
32(1) Despite Part 2 of this Schedule, any outstanding fee...
CHAPTER 5Explosives licences
33Dangerous Substances in Harbour Areas Regulations 1987
34Manufacture and Storage of Explosives Regulations 2005
CHAPTER 6Other transitionals in connection with subordinate legislation amended by this Order
35Nuclear Industries Security Regulations 2003
36(1) A relevant approval which is in force immediately before...
37A notification given by, or on behalf of, the Secretary...
38(1) Any direction— (a) issued by, or on behalf of,...
39Uranium Enrichment Technology (Prohibition on Disclosure) Regulations 2004
40Carriage of Dangerous Goods and Transportable Pressure Equipment Regulations 2009
41An authorisation granted, or deemed to be granted, pursuant to...
42(1) A class 7 approval which is in force immediately...
43(1) Where— (a) the Secretary of State for Energy and...

2014 No. 469

Energy

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

Made

Laid before Parliament

Coming into force

The Secretary of State, in exercise of the powers conferred by sections 113, 114 and 116 of the Energy Act 2013 M1, makes the following Order:

Annotations:
Marginal Citations